September
1,
2004
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:
Asbestos­
Containing
Materials
in
Schools
Rule
and
Revised
Asbestos
Model
Accreditation
Plan
Rule
EPA
ICR
No.:
1365.07
OMB
Control
No.:
2070­
0091
1(
b)
Short
Characterization
This
ICR
addresses
reporting
and
recordkeeping
requirements
found
in
the
Asbestos­
Containing
Materials
in
Schools
Rule
("
AHERA
Rule")
and
the
Asbestos
Model
Accreditation
Plan
(
MAP)
Rule.

AHERA
Rule:
Under
Section
203
of
the
Asbestos
Hazard
Emergency
Response
Act
(
AHERA,
15
U.
S.
C.
2641­
2656)
(
see
Attachment
A),
EPA
was
required
to
finalize
the
Asbestos­
Containing
Materials
in
Schools
Rule.
This
rule
required
Local
Education
Agencies
(
LEAs)
to
conduct
inspections,
develop
management
plans,
and
design
or
conduct
response
actions.
Records
must
be
maintained
by
all
LEAs
on
inspections
and
response
action
activity,
and
current
management
plans
must
be
provided
upon
request
to
EPA
and
State
reviewers
for
examination.

MAP:
Additionally,
Section
206
of
AHERA
(
see
Attachment
B)
required
that
EPA
issue
a
Model
Accreditation
Plan
(
MAP)
for
persons
who
inspect
for
asbestos,
develop
management
plans,
and
design
or
conduct
response
actions.
States
are
required
to
adopt
an
accreditation
program
at
least
as
stringent
as
the
EPA
model.
In
1990,
EPA
was
required
to
make
certain
changes
in
its
original
Model
Accreditation
Plan.
Accreditation
of
laboratories
that
analyze
asbestos
bulk
samples
and
asbestos
air
samples
is
also
required
by
AHERA.
The
National
Institute
of
Standards
and
Technology
(
NIST)
was
required
to
establish
the
bulk
sampling
accreditation
program,
and
the
air
sampling
program.

This
information
collection
activity
will
assure
that
LEAs
continue
to
inspect
for
asbestos
and
update
management
plans
with
accredited
personnel
to
protect
all
school
building
occupants
from
exposure
to
asbestos.
This
collection
will
also
assure
that
persons
who
inspect
for
asbestos,
develop
management
plans,
and
design
or
conduct
response
actions
are
properly
accredited,
and
that
states
will
adopt
appropriate
accreditation
programs.
2
September
1,
2004
2
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
AHERA
Rule
and
MAP:
The
reporting
and
recordkeeping
requirements
covered
by
this
ICR
are
required
by
the
Asbestos­
Containing
Materials
in
Schools
Rule
(
40
CFR
763,
Subpart
E)
and
the
Model
Accreditation
Plan
(
40
CFR
763,
Subpart
E,
Appendix
C);
see
Attachments
C
and
D,
respectively.

2(
b)
Use/
Users
of
the
Data
AHERA
Rule:
The
activities
pertaining
to
the
use
of
this
information
collection
activity
help
assure
that
LEAs
continue
to
inspect
for
asbestos
and
update
their
management
plans
using
accredited
personnel.
This
is
intended
to
ensure
the
protection
of
all
school
building
occupants
from
exposure
to
asbestos
fibers.
All
public
and
private
elementary
and
secondary
schools
(
unless
exempt
under
provision
of
the
rule)
were
required
to
conduct
inspections
for
asbestos­
containing
building
materials
(
ACBM)
and
develop
management
plans
that
describe
necessary
actions
to
be
undertaken.
Reinspections
by
accredited
persons
must
take
place
every
three
years
unless
all
ACBM
has
been
removed.
Records
retention
as
part
of
an
updated
asbestos
management
plan
is
necessary
in
order
to
document
specific
response
action
activities
and
periodic
surveillance/
3­
year
reinspection
reports,
and
for
an
LEA
to
demonstrate
compliance
with
the
regulations.
Beneficiaries
of
the
collection
activities
include
the
LEA's
asbestos
program
manager
and
staff,
accredited
professionals
who
may
be
called
upon
to
perform
response
actions
at
a
school,
and
Federal
and
State
enforcement
agencies.

MAP:
This
collection
will
enable
EPA,
as
well
as
State
regulators,
to
determine
initial
compliance
and
to
monitor
continued
compliance
with
the
revised
MAP
standards.
Lacking
both
application
submissions
and
other
recordkeeping
requirements,
regulators
would
have
no
meaningful
way
of
measuring
the
implementation
of
the
MAP's
statutory
mandates.
Other
beneficiaries
of
the
collection
activities
include
1)
individuals
who
may
desire
to
obtain
asbestos
training
meeting
at
least
prescribed
minimum
quality
standards
for
accreditation
and
subsequent
employment
purposes;
2)
LEAs
and
other
building
owners
and
managers
seeking
to
procure
the
services
of
qualified
and
accredited
asbestos
consultants
and
contractors;
and
3)
enforcement
agencies
at
the
Federal
and
State
level.

3
NON­
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non­
Duplication
3
September
1,
2004
AHERA
Rule:
EPA
has
tried
to
identify
alternate
sources
of
the
information
requested
be
maintained
to
implement
and
enforce
this
recordkeeping,
and
was
not
successful.
This
activity
does
not
duplicate
information
already
required
to
be
reported
by
another
agency
or
EPA
program
office.

MAP:
All
of
the
training
and
accreditation
information
collected
pursuant
to
this
ICR
is
specific
to
the
MAP
and
does
not
duplicate
any
other
collection.
There
is
no
other
model
accreditation
plan
for
States
other
than
the
MAP,
and
there
is
no
procedure
for
the
accreditation
of
asbestos
training
programs
under
ASHARA
other
than
what
is
specifically
provided
for
in
the
MAP.

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
May
18,
2004
(
69
FR
13032,
March
19,
2004).
EPA
received
no
comments
during
the
comment
period.

3(
c)
Consultations
In
addition
to
the
required
public
notice
and
comment
period
regarding
the
Agency's
proposal
to
renew
this
ICR
as
described
above,
the
Agency
often
uses
its
Forum
on
State
and
Tribal
Toxics
Action
(
FOSTTA)
to
communicate
with
state
and
tribal
toxics
environmental
managers
on
a
variety
of
toxics­
related
program
and
enforcement
issues.
In
previous
years,
the
Agency
has
used
the
FOSTTA
to
discuss
asbestos­
related
issues
such
as
implementation
of
the
MAP
rule.
The
FOSTTA
remains
a
viable
forum
to
consult
and
discuss
issues
related
to
these
rules
with
state
and
tribal
program
contacts.

AHERA
Rule:
The
1987
Asbestos­
Containing
Materials
in
Schools
Rule
was
developed
through
the
regulatory
negotiation
process.
Participants
included
representatives
of
national
educational
organizations,
labor
unions,
asbestos
product
manufacturers,
the
environmental
community,
asbestos
abatement
contractor
groups,
professional
associations
of
architects,
consulting
engineers,
industrial
hygienists,
and
the
EPA.

In
December
2003
and
January
2004,
EPA
consulted
with
the
Agency
regional
asbestos
coordinators
and
State
regulatory
agencies
to
determine
if
the
creation
of
charter
schools
in
recent
years
has
led
to
additional
respondents
or
respondent
burden
due
to
AHERA
requirements.
At
this
time
insufficient
information
is
available
to
demonstrate
that
any
additional
reporting
burden
currently
exists
beyond
that
already
identified
for
public
schools
(
which
include
charter
schools)
in
Section
6
of
this
ICR.
4
September
1,
2004
MAP:
Consultations
occurred
with
various
respondents
since
development
work
on
the
MAP
Rule
revision
began
several
years
ago.
Exploratory
meetings
were
held
with
labor
unions
(
May
1991)
and
States
(
June
1991)
to
learn
of
their
interests
and
concerns.
EPA
published
its
proposed
changes
to
the
MAP
in
the
Federal
Register
on
May
13,
1992,
and
formally
invited
public
comment.
A
public
hearing
was
held
June
8,
1992.
Commenters
who
specifically
reacted
to
EPA's
proposals
regarding
recordkeeping
requirements
were
unanimously
supportive.
An
additional
hearing,
with
the
cooperation
of
the
National
Conference
on
State
Legislatures
(
NCSL),
occurred
on
June
9,
1992.
Collection
activities
were
discussed
with
State
participants
at
that
time.
They
continued
to
express
support
for
EPA's
MAP
proposals.

EPA
consulted
extensively
with
labor
unions,
the
States,
and
other
interested
parties
during
the
development
of
the
1994
Interim
Final
MAP.
And
for
the
past
four
years,
EPA
has
met
annually
with
the
States
to
discuss,
among
other
things,
implementation
of
the
MAP.
In
general,
States
are
supportive
of
the
regulation,
including
the
reporting
and
recordkeeping
provisions.

Beginning
in
June
2004,
EPA
conducted
additional
consultations
on
the
ICR
renewal
with
seven
randomly
chosen
individuals
who
represent
the
regulated
community
affected
by
the
ICR.
These
individuals
included
asbestos
abatement
training
providers
listed
under
the
National
Directory
of
AHERA
Accredited
Courses
(
NDAAC)
and
AHERA
designated
persons
for
(
LEAs).
NDAAC
training
providers
are
accredited
by
EPA
or
by
a
state
that
has
developed
an
accreditation
program.
AHERA
designated
persons
are
responsible
for
implementing
the
requirements
under
the
Asbestos­
Containing
Materials
in
Schools
Rule
(
40
CFR
763
Subpart
E)
pursuant
to
AHERA
for
their
respective
local
education
agency
(
LEA).

EPA
sent
each
respondent
a
letter
with
an
internet
link
to
the
Federal
Register
notice
announcing
the
renewal
of
the
ICR
and
an
electronic
copy
of
the
draft
ICR
supporting
statement.
The
letters
provided
the
respondents
with
the
following
five
questions:

1.
Are
the
data
collection
and
recordkeeping
requirements
for
the
Asbestos­
Containing
Materials
in
Schools
Rule
and
the
Asbestos
MAP
clear
and
concise?

2.
Are
you
aware
of
other
sources
the
Agency
could
go
to
for
the
requested
data
under
the
Asbestos­
Containing
Materials
in
Schools
Rule
or
the
Asbestos
MAP?

3.
Would
you
make
electronic
submissions
for
the
Asbestos­
Containing
Materials
in
Schools
Rule
or
the
Asbestos
MAP?

4.
Are
the
estimated
burdens
and
costs
accurate
for
the
ICR?

5.
If
we
spoke
to
you
before
about
this
ICR,
are
your
positions
accurately
reflected?
5
September
1,
2004
By
the
end
of
July
2004,
EPA
had
received
comments
from
five
respondents.
A
summary
of
their
comments
are
below.
See
Attachment
F
for
complete
copies
of
these
responses.

Pamela
Brown
Director,
Facilities
and
Asset
Management
Portland
Public
Schools
503­
916­
2000
Ms.
Brown
is
the
LEA
AHERA
designated
person
for
Portland
Public
schools.
She
stated
that
the
data
collection
and
recordkeeping
requirements
related
to
the
ICR
are
clear
and
concise.
To
her
knowledge,
she
was
not
aware
of
other
sources
from
which
EPA
could
get
the
requested
information.
When
asked
whether
or
not
she
would
make
electronic
submissions,
she
replied
that
Portland
Public
Schools
would
make
electronic
submissions
and
that
the
school
district
has
used
a
database
since
1998
to
make
all
AHERA
management
plan
information
available
via
the
internet.
She
commented
that
the
burden
estimates
for
the
ICR
seemed
accurate
and
further
stated
that
the
estimation
given
for
an
asbestos
program
manager's
compensation
was
nearly
identical
to
the
compensation
provided
by
Portland
Public
Schools.
Ms.
Brown
was
not
consulted
with
previously
about
this
ICR.
Changes
to
the
ICR
supporting
statement
were
not
required
based
on
Ms.
Brown's
comments.

Robert
D.
Schmitter
NDAAC
Training
Provider
Georgia
Institute
of
Technology
(
404)
894­
3806
Mr.
Schmitter,
who
works
for
the
Georgia
Tech
Research
Institute
(
an
NDAAC
training
provider),
stated
that
the
data
collection
and
recordkeeping
requirements
are
both
as
clear
and
concise
as
they
can
be,
given
the
amount
of
information
and
the
initial
time
frame
schools
operated
under
during
the
early
years
of
the
regulation.
He
further
commented
that
considering
the
length
of
time
the
regulations
have
been
in
place,
EPA
should
consider
easing
the
collection
and
recordkeeping
requirements,
which
could
lead
to
increased
compliance.
One
suggestion
was
that
EPA
require
inspections
every
five
years
instead
of
every
three
years.
He
also
suggested
that
annual
refresher
training
for
individuals
accredited
for
asbestos
abatement
under
the
MAP
be
done
every
two
years
instead
of
every
year,
because
the
pertinent
regulations
do
not
change
very
often.
Mr.
Schmitter
commented
that
he
was
not
aware
of
other
sources
where
EPA
could
obtain
the
information
requested
under
the
ICR.
When
asked
whether
he
would
make
electronic
submissions
for
the
requirements
under
the
ICR,
he
said
he
would,
elaborating
that
this
would
reduce
the
amount
of
paperwork.
He
further
commented
that
the
speed
and
ease
of
electronic
filing
would
increase
compliance
with
the
regulations.
Mr.
Schmitter
did
not
disagree
with
the
burden
and
cost
estimates
in
the
draft
ICR.
He
did
state
that
the
creation
of
a
centralized
database
that
maintained
stored
records
of
accredited
individuals
would
decrease
the
burden
on
6
September
1,
2004
training
providers.
Mr.
Schmitter
was
not
consulted
by
EPA
previously
about
this
ICR.
Based
on
Mr.
Schmitter's
comments,
EPA
will
consider
future
regulatory
changes
to
the
Asbestos­
Containing
Materials
in
Schools
Rule
and
the
MAP,
in
addition
to
the
benefits
of
a
national
database
of
accredited
individuals.
However,
the
ICR
supporting
statement
will
not
be
amended
as
a
result
of
his
comments.

Lynn
Crivello
LEA
AHERA
Designated
Person
Environmental
Services
Manager
Chicago
Public
Schools
(
773)
553­
3113
Ms.
Crivello,
the
Environmental
Services
Manager
for
Chicago
Public
schools,
provided
several
comments
related
to
the
Asbestos­
Containing
Materials
in
Schools
Rule
portion
of
the
ICR.
One
comment
was
that
it
is
a
burden
for
schools
which
are
certified
to
be
asbestos­
free
by
an
architect
[
project
engineer,
or
accredited
inspector]
to
prepare
management
plans
and
provide
annual
notification
of
the
management
plan
to
parent,
teacher
and
employee
organizations.
She
claims
this
is
unnecessary
expense
for
her
school
system.
EPA
will
consider
future
regulatory
amendments
allowable
under
the
constraints
of
the
AHERA
statutory
language
to
lesson
the
recordkeeping
burden
for
LEAs
with
school
buildings
that
are
asbestos­
free.
EPA
does
not
believe,
however,
that
the
annual
notification
requirement
to
parent,
teacher,
and
school
employee
organizations
presents
an
undue
burden
to
LEAs.

Ms.
Crivello
also
commented
that
the
following
is
an
incorrect
statement
in
the
draft
ICR
supporting
statement
regarding
asbestos
management
plans:
"
The
development
and
submission
of
the
management
plan
was
a
one­
time
activity
which
occurred
for
most
schools
during
the
first
year
after
the
AHERA
regulations
went
into
affect.
This
activity
is
assumed
to
be
complete
for
all
schools
with
ACM,
and
is
therefore
no
longer
included
in
burden
estimates."
She
notes
that
there
is
no
exclusion
from
the
requirements
for
Management
Plans
for
new
construction
even
for
buildings
with
an
Architect's
statement
that
no
ACBM
was
used
as
a
building
material.
EPA
agrees
with
Ms.
Crivello's
comment.
Asbestos
management
plans
must
still
be
developed
for
school
buildings
that
come
into
service
after
October
12,
1988,
including
those
that
obtain
an
exclusion
under
40
CFR
763.99(
a)(
7).
The
language
and
the
burden
estimates
in
the
ICR
supporting
statement
have
been
amended
accordingly
to
reflect
the
requirement
that
LEAs
develop
management
plans
for
all
schools.

Another
comment
that
Ms.
Crivello
made
was
that
the
Schools
Rule
should
be
amended
so
that
LEAs
be
allowed
to
maintain
copies
of
their
asbestos
management
plans
offsite.
AHERA
statutory
language
does
not
provide
EPA
with
the
regulatory
flexibility
to
allow
storage
of
asbestos
management
plans
offsite
from
the
LEA's
administrative
office.
She
also
stated
that
the
EPA
should
allow
LEAs
to
maintain
records
for
asbestos
management
plans
electronically.
EPA
7
September
1,
2004
will
consider
allowing
records
contained
within
the
management
plan
to
be
maintained
electronically
in
lieu
of
paper
copies.

Ms.
Crivello
further
stated
that
the
labor
rates
for
responsibilities
under
the
Schools
rule
were
too
low
in
some
cases.
EPA
believes
that
the
labor
rates
obtained
from
the
Bureau
of
Labor
Statistics
that
were
used
in
the
ICR
supporting
statement
are
representative
of
a
national
average
and
that
urban
areas
like
Chicago
may
experience
labor
costs
that
are
higher
than
average.
Other
respondents
stated
that
the
labor
rates
in
the
ICR
were
accurate.
She
also
commented
that
the
30­
year
projection
to
estimate
the
rate
at
which
ACM
would
be
removed
from
school
buildings
may
be
optimistic
since
Chicago
Public
Schools
does
not
have
funding
to
remove
all
ACM
from
all
buildings
leased,
owned,
or
occupied
within
the
next
30
years.
EPA's
estimate
of
ACM
removal
from
school
buildings
is
based
on
the
original
Regulatory
Impact
Analysis.
EPA
is
not
aware
of
any
readily
available
data
that
would
improve
the
original
projections.
For
this
ICR
renewal
period,
the
ICR
supporting
statement
does
reflect
that
many
schools
still
have
friable
or
nonfriable
ACM
that
has
not
been
removed.

Gregory
Morsch
Director
of
Training
Services
NDAAC
Training
Provider
ATC
Associates,
Inc.
(
413)
525­
1198
Mr.
Morsch
is
the
Director
of
Training
Services
for
an
NDAAC
listed
training
provider
located
in
East
Longmeadow,
Massachusetts.
He
stated
that
the
data
collection
and
recordkeeping
requirements
are
clear
and
concise,
and
further
elaborated
that
he
found
the
recordkeeping
requirements
to
be
easily
complied
with
for
asbestos
courses.
When
asked
whether
there
were
other
sources
EPA
could
go
to
for
the
requested
data
under
the
ICR,
he
suggested
EPA
could
consult
with
states
that
have
established
their
own
MAP
programs
for
asbestos
training
such
as
Massachusetts,
Connecticut,
New
York,
and
Vermont.
Mr.
Morsch
commented
that
he
would
make
electronic
submissions
for
the
ICR
if
it
was
secure
and
not
overly
burdensome.
He
stated
that
the
estimated
costs
and
burdens
for
the
ICR
are
accurate,
and
that
he
was
not
consulted
with
previously
about
this
ICR.
Based
on
Mr.
Morsch's
responses,
changes
will
not
be
made
to
the
ICR
supporting
statement.
EPA
does
believe
that
states
with
their
own
asbestos
worker
accreditation
program
still
fall
under
the
scope
of
the
MAP,
and
therefore
do
not
qualify
as
a
different
source
of
information
to
obtain
the
requested
data
under
the
ICR.

Tom
Leary
LEA
AHERA
Designated
Person
Anne
Arundel
County
Public
Schools
410­
255­
2535
8
September
1,
2004
Mr.
Leary
is
an
AHERA
LEA
designated
person
for
Anne
Arundel
County
Public
Schools
in
Maryland.
In
his
response
he
stated
that
the
data
collection
and
recordkeeping
requirements
for
the
ICR
were
clear
and
concise
to
people
who
have
experience
in
the
industry,
but
that
the
requirements
could
be
more
user
friendly
and
in
more
laymen
terms.
Mr.
Leary
was
not
aware
of
any
other
sources
where
EPA
could
obtain
the
information
requested
for
this
ICR.
When
asked
whether
he
would
make
electronic
submissions,
Mr.
Leary
commented
that
it
would
depend
on
the
criteria
established
and
the
information
that
was
needed.
He
further
stated
that
submitting
information
for
prior
activity
would
be
too
labor
intensive
and
too
costly
for
school
systems
to
endure.
He
would
consider
electronic
submissions
for
future
information
reporting.
Mr.
Leary
said
that
the
estimated
burdens
and
costs
for
the
ICR
are
fairly
accurate.
Mr.
Leary
was
not
consulted
previously
on
this
ICR.
Based
on
Mr.
Leary's
responses
the
ICR
will
not
be
amended.
However,
further
clarification
of
the
regulatory
language
will
be
considered
in
future
amendments.

3(
d)
Effects
of
Less
Frequent
Collection
AHERA
Rule:
If
information
were
collected
less
frequently,
it
would
be
difficult
to
determine
whether
an
LEA
properly
inspected
for
asbestos­
containing
materials
and
developed
an
appropriate
management
plan,
and
kept
these
documents
up­
to­
date
including
ongoing
activities.

MAP:
The
revised
MAP
has
no
routine
or
repetitive
reporting
requirements.
Training
course
self­
certifications,
training
course
approval
applications
and
State
Program
approval
applications
are
one­
time
submissions.
Once
approved
they
do
not
expire.
No
less
frequent
collection
schedule
is
feasible.
Recordkeeping
requirements
are
tied
directly
to
training
courses
and
the
issuance
of
accreditation
certificates
to
students
successfully
completing
those
courses
and
passing
the
requisite
exams.
If/
when
training
providers
are
inactive
and
not
offering
courses,
no
new
record
generation
is
required
of
them.

3(
e)
General
Guidelines
Except
as
described
in
this
section,
the
collection
activities
in
this
ICR
adhere
to
the
guidelines
stated
in
the
Paperwork
Reduction
Act,
OMB's
implementing
regulations,
and
applicable
OMB
and
EPA
guidance.

AHERA
Rule:
The
rule
requires
that
the
asbestos
management
plans
be
maintained
as
a
living
document,
necessary
for
as
long
as
asbestos­
containing
building
materials
are
present
in
the
school
building.
When
all
asbestos
materials
have
been
removed
from
a
homogeneous
area,
records
pertaining
to
that
homogeneous
area
must
be
retained
for
three
years
after
the
next
reinspection
date.
As
a
result,
such
records
may
need
to
be
maintained
beyond
the
three
year
record
retention
period
recommended
in
5
CFR
1320.5(
d)(
2)(
iv).
EPA
believes,
however,
that
September
1,
2004
9
these
retention
requirements
are
necessary
to
satisfy
the
statutory
mandates
in
AHERA,
which
specifically
mandates
the
development
and
maintenance
of
asbestos
management
plans.
In
addition
to
ensuring
that
a
management
plan
is
available
for
public
inspection
as
required
by
AHERA,
maintaining
a
current
management
plan
is
necessary
and
critical
for
ensuring
the
proper
protection
of
human
health,
safety,
and
the
environment
as
required
by
AHERA.
Providing
upto
date
information
about
the
location
and
status
of
asbestos­
containing
building
materials
that
remain
present
in
the
school
building
is
also
essential
for
ensuring
that
the
material
does
not
subsequently
become
unintentionally
disturbed
or
damaged
such
that
it
may
pose
an
unreasonable
risk
to
school
employees,
children
and
other
building
occupants
or
users.
In
accordance
with
5
CFR
1320.5(
d)(
2),
the
retention
period
beyond
the
recommended
three
year
period
is
necessary
and
appropriate.

In
approving
the
ICR
in
1998,
OMB
stated
the
following:
"
This
ICR
is
approved
for
3
years.
As
requested
in
previous
terms
of
clearance­
EPA
will
report
on
amendments
to
the
School
Rule
as
they
relate
to
record
retention
periods
and
reinspection
periods."
The
previous
terms
of
clearance
referenced
were
from
1995,
that
stated,
"
This
ICR
is
approved
for
three
yearsas
requested.
EPA
has
done
a
good
job
updating
labor
rates
for
school
employees.
EPA
shall
report
on
the
progress
of
the
Region
VII
lead
amendments
to
the
Schools
Rule
as
it
relates
to
record
retention
periods
­
beyond
3
years­
and
reinspection
periods
­
3
years­.
EPA
should
continue
to
separate
its
MAP
burden
estimates
for
the
schools
estimates."

As
reflected
in
the
1995
statement,
EPA
had
initiated
an
Agency
workgroup
in
1994
to
evaluate
the
AHERA
Rule
for
potential
amendments
related
to
enforcement,
and
this
effort
was
subsequently
expanded
to
include
the
consideration
of
potential
amendments
to
the
record
retention
and
reinspection
periods
as
OMB
requested.
This
workgroup
effort
did
not
result
in
any
proposed
revisions
to
the
AHERA
Rule
and
has
since
been
abandoned.

The
Agency
has
concluded
that
the
reinspection
interval
is
necessary
to
satisfy
the
statutory
mandates
in
AHERA,
which
specifically
mandates
the
periodic
surveillance
and
reinspection
of
asbestos­
containing
materials,
and
that
the
current
interval
is
appropriate
and
necessary
for
ensuring
that
the
asbestos­
containing
material
does
not
subsequently
become
disturbed
or
damaged
such
that
it
is
likely
to
become
a
potential
hazard
to
school
employees,
children
and
other
building
occupants
or
users.
The
existing
reinspection
period
is
consistent
with
the
provisions
in
5
CFR
1320.5(
d)(
2).

MAP:
There
are
no
exceptions
to
note.

3(
f)
Confidentiality
This
information
collection
does
not
include
questions
of
a
confidential
nature.

September
1,
2004
10
3(
g)
Sensitive
Questions
This
information
collection
does
not
include
questions
of
a
sensitive
nature.

4
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
NAICS
Codes
AHERA
Rule
and
MAP:
There
are
three
types
of
respondents
for
this
information
collection
request.
LEAs
and
States
are
involved
in
recordkeeping
and
reporting
activities
associated
with
the
Schools
Rule,
while
training
providers
and
States
are
involved
in
recordkeeping
and
reporting
activities
related
to
the
MAP
Rule.
The
respondent
activities
are
different
for
each
respondent
type
and
are
discussed
in
turn.
The
respondents
to
this
information
collection
activity
are
elementary
and
secondary
school
districts
(
NAICS
code
61111),
and
all
states
(
NAICS
code
92311).
Additionally,
under
ASHARA,
the
Model
Accreditation
Plan
(
MAP)
affects
training
providers
(
NAICS
code
61143),
and
State
Asbestos
Accreditation
Programs
(
NAICS
code
92312).
These
respondents
are
included
because
they
are
the
providers
and
guarantors
of
accreditation,
respectively.

4(
b)
Information
Requested
(
i)
Data
Items
AHERA
Rule:
There
are
no
specific
data
collection
instruments
used
to
collect
information
for
this
activity.
The
AHERA
Rule
required
management
plans
to
be
submitted
to
the
States
for
review
before
October
12,
1988.
LEAs
must
also
submit
management
plans
to
the
States
for
review
for
school
buildings
that
have
since
come
into
operation
after
October
12,
1988.
The
rule
continues
to
require
recordkeeping.

MAP:
Training
providers
seeking
reapproval
for
their
existing
training
courses
based
upon
the
revised
MAP
standards,
or
initial
approval
for
new
training
programs
based
upon
the
increased
MAP
standards,
were
required
to
report
the
following
data
items:

­
a
self­
certification
letter
for
upgraded
approval
pursuant
to
Part
IV.
2
of
the
MAP;
or
­
an
application
for
a
new
training
course
approval
pursuant
to
Part
III.
a
of
the
MAP.

When
a
training
provider
offers
approved
training
programs
for
accreditation
purposes,
certain
records
must
be
maintained
for
a
three­
year
period
in
accordance
with
the
MAP
Part
I.
6.
e.
g.,
­
copies
of
all
instructional
materials
used;

September
1,
2004
11
­
copies
of
all
instructor
resumes
and
approvals;
­
copies
of
examinations
and
test
scores;
and
­
records
relating
to
accreditation
certificates.

A
State
seeking
reapproval
of
its
existing
accreditation
program
based
upon
the
new
MAP
standards,
or
initial
approval
of
its
State
accreditation
program
based
on
the
new
MAP
standards,
must
report
the
following
data
item:

­
an
application
for
EPA
approval
pursuant
to
Part
II
of
the
MAP.

There
are
no
recordkeeping
requirements
in
the
MAP
that
relate
to
State
programs.

(
ii)
Respondent
Activities
MAP:
Training
and
Accreditation
Under
AHERA,
LEAs
shall
use
trained,
accredited
persons
to
perform
asbestos­
related
tasks
as
defined
by
the
revised
MAP.
Specifically,
the
MAP
shall
be
used
as
a
tool
to
accredit
persons
who:
­
conduct
inspections
or
reinspections
for
asbestos­
containing
material
(
ACM);
­
prepare
and/
or
update
management
plans
for
elementary
and
secondary
schools;
and
­
design
or
carry
out
response
actions
with
respect
to
ACM
in
those
schools.

ASHARA
extended
that
requirement
to
similar
activities
in
public
and
commercial
buildings
as
well,
with
the
exception
of
the
preparation
of
asbestos
management
plans.

Respondents
who
are
training
entities
will
need
to
perform
certain
collection
activities:

­
read
the
regulation;
­
make
any
required
changes
to
training
programs;
­
prepare
and
submit
a
self­
certification
package
to
EPA;
­
retain
records/
materials
costs
(
usual
business
practice);
­
provide
reasonable
access
to
records
to
EPA
and/
or
the
State,
as
requested.

Waiver
for
State
Programs
The
AHERA
Rule
provides
a
procedure
to
allow
States
to
receive
a
waiver
from
some
or
all
of
the
requirements
of
the
rule
if
the
State
has
established
and
is
implementing,
or
intends
to
implement,
a
program
of
asbestos
inspection
and
management
at
least
as
stringent
as
the
requirements
of
the
rule.
The
rule
requires
specific
information
to
be
included
in
the
waiver
request
submitted
to
EPA.
Nine
States
have
currently
been
granted
this
waiver
under
the
September
1,
2004
12
AHERA
Rule.

Respondents
who
are
State
accreditation
programs
will
need
to
perform
the
following
collection
activities:

­
read
the
regulation;
­
compare
State
program
authority
and
the
minimum
requirements
of
the
regulation;
­
develop
State
legislative
analysis
and
adopt
new
legislation;
­
develop
State
regulatory
analysis
and
promulgate
a
new
State
regulation;
­
prepare
and
submit
to
EPA
an
application
for
program
approval;
and
­
implement
a
State
accreditation
program
that
is
not
less
stringent
than
the
regulation.

As
of
January
2004,
38
States
are
operating
state
accreditation
programs
under
the
MAP.

AHERA
Rule:

Local
Education
Agencies:
Local
education
agency
(
i.
e.,
school
or
school
district)
reporting
and
recordkeeping
under
the
Schools
Rule
may
be
divided
into
two
main
categories:
those
associated
with
the
management
plan,
and
those
associated
with
operations
and
maintenance
(
O&
M)
activities.
Most
of
the
LEA
recordkeeping
burden
involves
the
development
and
implementation
of
the
management
plan.

The
management
plan
burden
varies
by
school
type
as
well
as
by
the
type
of
ACM
found
in
a
school.
The
management
plan
recordkeeping
and
reporting
burden
items
include:

­
Development
and
submission
of
the
management
plan;
and
­
Implementation
of
the
management
plan,
including:
­­
Time
spent
by
the
program
manager
to
do
additional
activity
planning,
create
and
gather
new
information,
prepare
written
activity
reports,
and
record
and
review
that
information;
­­
Time
spent
by
custodians
and
clerical
personnel
to
gather,
record,
process
and
store
asbestos­
related
information;
and
­­
Annual
notification
of
parents
and
other
interested
parties
of
the
presence
of
ACM
in
a
school,
as
well
as
the
availability
of
the
management
plan
for
public
review.

The
AHERA
Rule
required
management
plans
to
be
submitted
to
the
States
for
review
before
October
12,
1988.
LEAs
must
also
submit
management
plans
to
the
States
for
review
for
school
buildings
that
have
since
come
into
operation
after
October
12,
1988.
The
recordkeeping
activities
associated
with
the
management
plan
implementation
are
on­
going
and
are
therefore
included
in
burden
estimates.

September
1,
2004
13
Recordkeeping
Requirements:
The
recordkeeping
burden
associated
with
the
development
of
an
O&
M
activity
plan
was
largely
completed
in
the
first
year
of
AHERA
Rule
implementation.
On
an
ongoing
basis,
however
(
AHERA
regulations
also
require
LEAs
to
keep
known
or
assumed
ACBM
under
periodic
surveillance),
the
O&
M
plan
may
require
updating.

The
original
inspection
report
and
any
reinspection
reports
must
be
maintained
in
the
management
plan.
Management
planner
recommendations
and
response
actions
with
their
air
sampling
clearance
records
are
also
to
be
kept.
Records
required
by
the
rule
also
include
those
pertaining
to
fiber
release
episodes,
periodic
surveillance,
training
received
by
workers
performing
operation
and
maintenance
activities,
and
cleaning
activities
that
are
part
of
an
operations
and
maintenance
program.
The
rule
also
requires
LEAs
to
collect
and
retain
various
records
that
are
not
part
of
the
information
included
in
the
management
plan.

The
rule
requires
LEAs
to
have
accredited
inspectors
conduct
reinspections
at
least
once
every
three
years
after
the
management
plan
is
in
effect.
Results
of
this
reinspection
shall
be
recorded
in
the
school's
management
plan,
along
with
any
necessary
changes
in
response
actions
recommended
or
required.

The
rule
directs
the
LEA
to
select
and
implement
in
a
timely
manner
appropriate
response
actions
for
ACBM
that
are
assessed
by
the
accredited
inspector
and
management
planner.
The
rule
identifies
five
major
response
actions
­­
operations
and
maintenance
(
O&
M),
repair,
encapsulation,
enclosure,
and
removal
­­
and
describes
appropriate
conditions
under
which
they
may
be
selected
by
the
LEA.
The
rule
also
identifies
the
steps
that
shall
be
taken
to
properly
conduct
and
complete
the
response
actions.

After
performing
a
thorough
visual
inspection
of
the
area
in
which
the
response
action
was
conducted,
air
testing
is
performed
to
determine
whether
a
response
action
has
been
properly
completed.
The
rule
as
it
is
in
effect
at
this
time
(
2004)
requires
the
use
of
transmission
electron
microscopy
(
TEM)
for
all
removal,
enclosure,
encapsulation,
or
repair
response
actions
involving
more
than
260
linear
feet
or
more
than
160
square
feet
of
ACBM.
The
use
of
phase
contrast
microscopy
(
PCM)
is
allowed
by
the
rule
for
final
air
sampling
where
the
amounts
of
ACBM
are
less
than
the
limits
above
and
greater
than
for
small
projects
of
short
duration.

Response
actions
that
fail
to
meet
prescribed
air
sampling
standards
by
the
stipulated
sampling
methods
shall
have
the
areas
re­
cleaned
and
re­
sampled
before
being
released
for
reoccupancy.
Records
of
response
actions
and
subsequent
air
sampling
clearance
records
must
be
maintained
by
the
LEA.

The
rule
requires
each
LEA
to
maintain
a
copy
of
the
management
plan(
s)
in
its
administrative
office,
and
each
school
is
required
to
maintain
a
copy
of
its
specific
management
September
1,
2004
14
plan
in
its
administrative
office.
These
plans
are
to
be
made
available
for
inspection
by
the
public
without
cost
or
restriction.
LEAs
must
notify
parent,
teacher,
and
employee
organizations
of
the
availability
of
the
management
plans
upon
submission
of
the
management
plan
to
the
State
and
at
least
once
each
school
year.

States:
States
are
involved
in
both
the
Schools
Rule
and
the
MAP
Rule.
In
the
first
year
of
the
Schools
Rule,
State
governments
were
required
to
establish
teams
to
review
and
approve
management
plans
submitted
by
schools.
This
activity,
however,
is
assumed
to
have
been
completed,
and
is
therefore
no
longer
included
in
burden
estimates.

5
THE
INFORMATION
COLLECTED
­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
AHERA
Rule
and
MAP
include
the
following:

­
Distribute
guidance
to
LEAs,
State
designees,
and
others
on
interpretation
of
AHERA;
­
Collect
and
review
course
upgrade
self­
certification
certifications
from
training
providers;
­
Provide
written
notification
of
training
course
self­
certifications
to
EPA
Regions
and
State
programs;
­
Audit
training
provider
courses
and
records
for
compliance
monitoring
purposes;
­
Review
State
program
applications
packages
for
approval/
reapproval
as
they
are
received;
­
Maintain
and
revise
master
data
base
of
approved
training
providers
as
required
to
be
used
as
a
resource
for
the
public;
­
Revise
model
criteria
as
appropriate
and
develop
new
curricula
for
new
training
disciplines
as
required;
­
Provide
technical
assistance
to
LEAs
and
public
on
implementation
and
compliance
with
AHERA.

5(
b)
Collection
Methodology
and
Management
AHERA
Rule:
No
specific
collection
methodologies
or
management
techniques
are
required.

MAP:
The
rule
provides
explicit
instruction
to
training
providers
with
preexisting
approvals
who
wish
to
upgrade
and
continue
offering
asbestos
training
courses
under
the
revised
September
1,
2004
15
MAP
standards.
Providers
were
to
submit
a
one­
time
self­
certification
in
the
form
of
a
detailed
letter
to
EPA
describing
changes
made
to
their
courses
for
the
purpose
of
bringing
them
into
compliance
with
the
new
MAP.
This
was
required
to
be
done
within
six
months
of
the
revised
MAP
taking
effect.
Only
one
letter
was
required
from
each
training
entity.
EPA
then
compiled
a
listing
of
all
self­
certifications
received
by
the
deadline
and
entered
them
into
the
existing
data
base
of
approved
training
providers.
After
distribution
to
EPA
Regions
and
State
Program
offices,
compliance
and
program
audits
may
be
carried
out.
New
training
providers
are
to
follow
the
same
procedure.

The
MAP
Rule
also
prescribes
the
method
by
which
States
are
to
make
application
to
EPA
for
accreditation
program
approval
under
the
revised
MAP.
States
wishing
to
obtain
EPA
program
approval
must
make
a
one­
time
application
to
the
appropriate
EPA
Regional
Office,
demonstrating
how
the
State's
program
is
no
less
stringent
than
the
MAP.

5(
c)
Small
Entity
Flexibility
The
impact
of
the
AHERA
Rule
and
the
MAP
will
primarily
affect
small
asbestos
abatement
contracting
firms
or
accredited
consultants,
and
training
providers
that
qualify
for
"
small
business"
status.
Small
business
training
providers
have
a
one­
time
only
application
process
for
training
course
approval
that
allows
for
flexibility
in
the
way
information
is
prepared
and
presented.
A
small
business
abatement
contractor
is
required
to
keep
and
maintain
records
on
the
accreditation
status
of
supervisors
and
abatement
workers.
Accreditation
records
are
also
kept
and
maintained
by
consultants,
such
as
inspectors,
management
planners,
and
project
designers.
An
advantage
accruing
from
having
those
records
is
that
of
obtaining
and
retaining
eligibility
to
qualify
for
work
in
asbestos
control
and
abatement
in
schools
and
public
and
commercial
buildings.
With
regard
to
worker
protection,
AHERA
and
the
MAP
impose
no
additional
requirements
beyond
those
that
already
exist
in
the
OSHA
asbestos
standard
or
the
EPA
Worker
Protection
Rule.
16
September
1,
2004
5(
d)
Collection
Schedule
Not
applicable
for
AHERA
Rule.

MAP:
EPA's
receipt
of
a
complete
self­
certification
submission
from
a
provider
constituted
immediate
reapproval
of
the
training
courses.
Where
State
Legislatures
convened
in
January
1994,
a
180­
day
deadline
was
triggered
for
applying
to
EPA
for
new
program
approval,
if
needed.
States
not
applying
for
new
program
approval
by
the
end
of
the
180­
day
deadline
forfeited
their
previous
Program
approval,
and
they
must
then
reapply
in
order
to
re­
establish
their
State
Accreditation
Programs.

EPA­
approved
State
Programs
may
continue
to
receive
new
training
course
applications
indefinitely
into
the
future.
EPA
may
continue
to
receive
State
Program
applications
from
unapproved
States
until
all
States,
territories,
and
similar
entities
have
ultimately
obtained
approval.

6
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
The
original
ICR
for
the
Asbestos­
Containing
Materials
in
Schools
Rule
("
Schools
Rule")
based
its
burden
estimates
on
a
30­
year
projection
to
reflect
the
estimated
remaining
life
span
of
school
buildings
with
Asbestos­
Containing
Materials
(
ACM).
The
previous
ICR
renewal,
approved
in
2001,
updated
values
from
the
original
ICR.
This
ICR
renewal
further
updates
values
where
noted
in
the
sections
below.
Burden
estimates
based
on
the
Asbestos
Model
Accreditation
Plan
(
MAP)
Rule
were
also
included
in
the
last
ICR.
Those
values
are
also
updated.

There
are
three
types
of
respondents
for
this
ICR:
LEAs
involved
in
recordkeeping
and
reporting
activities
associated
with
the
Schools
Rule,
and
training
providers
and
States
involved
in
recordkeeping
and
reporting
activities
related
to
the
MAP
Rule.
The
respondent
activities
are
different
for
each
type
of
respondent
and
are
discussed
in
turn
in
the
following
section.

6(
a)
Estimating
Respondent
Burden
Local
Education
Agencies
Local
education
agency
(
i.
e.,
school
or
school
district)
reporting
and
recordkeeping
activities
under
the
Schools
Rule
may
be
divided
into
two
main
categories:
those
associated
with
the
management
plan
and
those
associated
with
operations
and
maintenance
(
O&
M)
activities.
Schools
with
friable
ACM
incur
burden
for
the
management
plan
and
O&
M
activities,
while
schools
with
nonfriable
ACM
(
including
newly
constructed
schools
that
are
certified
through
an
17
September
1,
2004
exclusionary
statement
not
to
have
specified
asbestos­
containing
building
materials
in
construction)
incur
burden
only
for
the
management
plan.

The
management
plan
burden
varies
by
school
type
as
well
as
by
the
type
of
ACM
found
in
a
school.
Appendix
G
of
the
Final
Schools
Rule
Asbestos
Hazard
Emergency
Response
Act
Regulatory
Impact
Analysis
(
EPA,
1987a)
contains
time
and
cost
estimates
for
management
and
O&
M
plan
development
and
implementation
for
schools
with
friable
ACM
or
nonfriable
ACM.
Those
activities
incurring
burden
that
were
not
completed
during
the
initial
10
years
of
implementation
are
shown
in
Worksheet
1.

Worksheet
1
indicates
that
the
annual
estimated
recordkeeping
burden
for
schools
with
friable
ACM
is
approximately
35
hours
for
public
primary
schools
and
private
schools,
and
58
hours
for
public
secondary
schools.
For
schools
with
nonfriable
ACM
only
(
including
newly
constructed
schools
covered
by
exclusionary
statements),
the
annual
estimated
recordkeeping
burden
is
15
hours
for
public
primary
schools
and
private
schools
and
28
hours
for
public
secondary
schools.
This
approach
may
overstate
the
respondent
burden
for
newly
constructed
schools
covered
by
exclusionary
statements
since
these
schools
will
not
incur
burden
related
to
records
of
inspection,
reinspection,
response
actions
and
periodic
surveillance.
However,
newly
constructed
schools
covered
by
exclusionary
statements
would
still
need
to
keep
certain
information
and
records
up­
to­
date
(
e.
g.,
name
and
training
records
for
the
AHERA
Designated
Person
and
dated
copies
of
each
year's
annual
notification
of
the
management
plans
availability
to
parents,
teachers
and
employees,
along
with
a
description
of
the
steps
taken
to
provide
the
notification).
18
Worksheet
1:
Annual
Respondent
Burden
per
Local
Education
Agency
(
Hours)

Burden
Hour
Elements
School
Type
Public
Primary
or
Private
Public
Secondary
Schools
With
Friable
Asbestos­
Containing
Materials
Implement
Management
Plan
Asbestos
program
manager
­
Activity
planning,
create
and
gather
information,
prepare
activity
reports,
record
and
review
information
10
15
Custodial
­
Gather,
record,
process
and
store
information
4
8
Clerical
­
Gather,
record,
process
and
store
information
16
30
Total
Management
Plan
30
53
Implement
Operations
and
Maintenance
(
O&
M)
Plan
Asbestos
program
manager
­
Activity
planning,
create
and
gather
information,
prepare
activity
reports,
record
and
review
information
2
2
Custodial
­
Gather,
record,
process
and
store
information
1
1
Clerical
­
Gather,
record,
process
and
store
information
2
2
Total
O&
M
Plan
5
5
Total
recordkeeping
burden
per
school
w/
Friable
ACM
35
58
Schools
With
Nonfriable
Asbestos­
Containing
Materials
Only
Implement
Management
Plan
Asbestos
program
manager
­
Activity
planning,
create
and
gather
information,
prepare
activity
reports,
record
and
review
information
5
8
Custodial
­
Gather,
record,
process
and
store
information
4
8
Clerical
­
Gather,
record,
process
and
store
information
6
12
Total
recordkeeping
burden
per
school
w/
Nonfriable
ACM
15
28
States
States
are
involved
in
both
the
Schools
Rule
and
the
MAP
Rule.
State
activities
related
to
the
Schools
Rule
were
completed
during
the
first
10
years
of
program
implementation.
The
MAP
Rule
went
into
effect
in
1994,
at
which
time
States
were
to
apply
to
EPA
for
new
program
approval.
For
the
purposes
of
this
analysis,
all
states
are
assumed
to
have
completed
accreditation
program
approval
during
previous
ICR
periods.
Therefore
there
is
no
burden
for
initial
State
activities
included
in
this
ICR.

For
all
States
with
EPA­
approved
accreditation
programs,
an
on­
going
burden
associated
with
the
MAP
Rule
is
the
implementation
of
State
accreditation
programs.
Annual
burden
estimates
from
the
MAP
Rule
are
given
in
Worksheet
2
(
EPA,
1993).
These
estimates
assume
that
all
States
have
approved
accreditation
programs.
In
cases
where
a
State
does
not
have
an
approved
program,
the
burden
would
be
shifted
to
EPA.
This
assumption
provides
the
most
conservative
estimates
of
State
burdens.
19
Worksheet
2:
Annual
Respondent
Burden
per
State
or
Territory
(
Hours)

Burden
Hour
Elements
Labor
Category
Total
Hours
Management
Technical
Clerical
Annual
Activities
1.
Implement
a
State
accreditation
program
that
is
not
less
stringent
than
the
regulation
8
23
109
140
Total
annual
activities
8
23
109
140
Training
Providers
Training
providers
were
required
to
recertify
under
the
revised
MAP.
Providing
access
to
records
is
expected
to
take
5.5
hours
per
year
per
training
provider,
as
indicated
in
Worksheet
3,
while
the
retention
of
the
records
is
considered
customary
and
usual
business
practice.
Therefore
no
additional
burden
is
associated
with
this
task.

Worksheet
3:
Annual
Respondent
Burden
per
Training
Provider
(
Hours)

Burden
Hour
Elements
Labor
Category
Freq/
Year
Total
Hours
Clerical
Annual
Activities
1.
Retain
records
0
N/
A
0
2.
Provide
reasonable
access
to
records
to
EPA
or
State
0.5
11
5.5
Total
annual
activities
0.5
11
5.5
6(
b)
Estimating
Respondent
Costs
The
cost
estimates
addressed
in
this
section
are
based
on
the
burden
estimates
discussed
above
and
additional
non­
wage
costs
discussed
below.
Wage
rates
(
including
benefits)
have
been
increased
from
the
values
in
the
AHERA
RIA
(
EPA,
1987a),
the
Supplemental
ICR
for
the
Asbestos­
Containing
Materials
in
Schools
Rule
(
EPA,
1993),
and
the
previous
three
ICRs
(
EPA,
1994,
1997,
2001)
to
reflect
2003
levels.
Methods
for
updating
hourly
wage
rates
to
2003
levels
are
discussed
for
each
respondent
category.

Local
Education
Agencies
The
cost
to
LEAs
from
the
implementation
of
the
Schools
Rule
include
the
wages
associated
with
the
burden
estimates
in
Section
6(
a).
Wage
rates
were
updated
to
2003
using
mean
hourly
wage
rates
from
the
Bureau
of
Labor
Statistics'
National
Industry­
Specific
Occupational
Employment
and
Wage
Estimates,
the
Employment
Cost
Index
for
wages
and
salaries,
and
the
Employer
Costs
for
Employee
Compensation,
as
follows:
20
September
1,
2004
°
The
estimated
2002
school
asbestos
program
manager,
custodian,
and
clerical
staff
hourly
wages
were
$
21.15,
$
12.01,
and
$
12.99,
based
on
the
mean
hourly
wages
for
Occupational
Health
and
Safety
Specialists
and
Technicians,
Building
and
Grounds
Cleaning
and
Maintenance
Occupations,
Office
and
Administrative
Support
Occupations,
respectively.
These
wage
rates
are
specific
to
Elementary
and
Secondary
Schools
(
NAICS
611100)
and
are
based
on
data
from
both
public
and
private
schools
(
BLS,
2002).


According
to
the
Employment
Cost
Index,
wages
and
salaries
rose
by
3.1
percent
during
the
period
of
June
2002
to
September
2003
for
these
workers,
and
wages
and
salaries
were
inflated
by
this
amount
(
BLS,
2003a).


According
to
the
Employer
Costs
for
Employee
Compensation,
wages
and
salaries
accounted
for
69.7
percent
of
total
compensation
for
school
employees
as
of
September
2003.
Based
on
this
information,
a
loading
factor
of
1.435
(
or,
1/
0.697)
was
applied
to
the
mean
hourly
wage
rate
to
estimate
total
hourly
compensation
for
school
employees
(
BLS,
2003b).


The
updated
estimated
2003
total
hourly
compensation
for
school
asbestos
program
manager,
custodian,
and
clerical
staff
are
$
31.29,
$
17.77,
and
$
19.22,
respectively.

These
values
were
used
in
Worksheet
4
to
calculate
current
recordkeeping
and
reporting
costs
to
schools
with
friable
and/
or
nonfriable
ACM,
as
shown
below.
In
addition,
schools
are
required
to
provide
annual
notification
to
parents
and
other
interested
parties
of
the
presence
of
ACM,
as
well
as
the
availability
of
the
management
plan
for
public
review.
The
AHERA
RIA
estimated
the
annual
notification
cost
to
be
$
56
per
school
(
EPA,
1987a).
Previous
ICRs
have
updated
this
cost
using
the
implicit
price
deflator
for
the
Gross
Domestic
Product
(
GDP).
Using
this
same
approach,
this
cost
was
updated
to
$
81
in
2003
dollars.

Worksheet
4
indicates
that
the
annual
reporting
costs
for
schools
range
from
$
423
for
public
primary
schools
or
private
schools
with
only
nonfriable
ACM,
to
$
1,388
for
public
secondary
schools
with
friable
ACM.
21
Worksheet
4:
Annual
Cost
per
Local
Education
Agency
(
2003
$)

Activities
School
Type
Total
Hourly
Compensation
Public
Primary
and
Private
Public
Secondary
Schools
With
Friable
Asbestos­
Containing
Materials
Implement
Management
Plan
Asbestos
program
manager
­
Activity
planning,
create
and
gather
information,
prepare
activity
reports,
record
and
review
information
$
31.29
$
313
$
469
Custodial
­
Gather,
record,
process
and
store
information
$
17.77
$
71
$
142
Clerical
­
Gather,
record,
process
and
store
information
$
19.22
$
308
$
577
Total
Management
Plan
$
692
$
1,188
Implement
Operations
and
Maintenance
(
O&
M)
Plan
Asbestos
program
manager
­
Activity
planning,
create
and
gather
information,
prepare
activity
reports,
record
and
review
information
$
31.29
$
63
$
63
Custodial
­
Gather,
record,
process
and
store
information
$
17.77
$
18
$
18
Clerical
­
Gather,
record,
process
and
store
information
$
19.22
$
38
$
38
Total
O&
M
Plan
$
119
$
119
Estimated
Cost
per
School
$
892
$
1,388
Schools
With
Nonfriable
Asbestos­
Containing
Materials
Only
Implement
Management
Plan
Asbestos
program
manager
­
Activity
planning,
create
and
gather
information,
prepare
activity
reports,
record
and
review
information
$
31.29
$
156
$
250
Custodial
­
Gather,
record,
process
and
store
information
$
17.77
$
71
$
142
Clerical
­
Gather,
record,
process
and
store
information
$
19.22
$
115
$
231
Estimated
Cost
per
School
$
423
$
704
Cost
per
school
includes
$
81
for
Notification
Costs.

States
As
discussed
in
Section
6(
a),
States
have
no
further
costs
associated
with
the
Schools
Rule.
Under
the
MAP
Rule,
State
accreditation
programs
are
required
to
at
least
meet
the
standards
of
the
revised
MAP.
The
burden
estimates
associated
with
the
MAP
Rule
are
given
in
Section
6(
a).
No
additional
costs
for
materials
were
given
in
the
Supplemental
ICR
for
the
Asbestos­
Containing
Materials
in
Schools
Rule
(
ICR
#
1365)
(
EPA,
1993).
Worksheet
5
shows
the
estimated
annual
cost
of
State
compliance
with
the
MAP
Rule,
which
is
$
3,531.

Wage
rates
were
updated
to
2003
using
mean
hourly
wage
rates
from
the
Bureau
of
Labor
Statistics'
National
Industry­
Specific
Occupational
Employment
and
Wage
Estimates,
the
Employment
Cost
Index
for
wages
and
salaries,
and
the
Employer
Costs
for
Employee
Compensation,
as
follows:
22
September
1,
2004
°
The
estimated
2002
state
managerial,
technical,
and
clerical
staff
hourly
wages
were
$
31.12,
$
22.26,
and
$
14.92,
based
on
the
mean
hourly
wages
for
Management
Occupations,
Environmental
Scientists
and
Specialists,
Including
Health,
Office
and
Administrative
Support
Occupations,
respectively.
These
wage
rates
are
specific
to
State
Government
(
NAICS
999200)
(
BLS,
2002).


According
to
the
Employment
Cost
Index,
wages
and
salaries
rose
by
3.1
percent
during
the
period
of
June
2002
to
September
2003
for
these
workers,
and
wages
and
salaries
were
inflated
by
this
amount
(
BLS,
2003a).


According
to
the
Employer
Costs
for
Employee
Compensation,
wages
and
salaries
accounted
for
69.7
percent
of
total
compensation
for
state
employees
as
of
September
2003.
Based
on
this
information,
a
loading
factor
of
1.435
(
or,
1/
0.697)
was
applied
to
the
mean
hourly
wage
rate
to
estimate
total
hourly
compensation
for
school
employees
(
BLS,
2003b).


The
updated
estimated
2003
total
hourly
compensation
for
state
managerial,
technical,
and
clerical
staff
are
$
46.04,
$
32.93,
and
$
22.07,
respectively.

Worksheet
5
shows
the
estimated
annual
cost
of
State
compliance
with
the
MAP
Rule,
which
is
$
3,531
per
state.

Worksheet
5:
Annual
Cost
per
State/
Territory
(
2003
$)

Labor
Categories
Activities
Management
Technical
Clerical
Total
$
46.04
per
hour
$
32.93
per
hour
$
22.07
per
hour
Implement
a
State
accreditation
program
that
is
not
less
stringent
than
the
regulation
$
368
$
757
$
2,406
Estimated
Cost
per
State/
Territory
$
368
$
757
$
2,406
$
3,531
Training
Providers
The
reporting
and
recordkeeping
burden
under
the
MAP
Rule
for
asbestos
training
providers
is
described
in
Section
6(
a).
Providing
access
to
records
is
expected
to
take
5.5
hours
per
year
per
training
provider,
and
to
be
done
by
clerical
staff.
Wage
rates
were
updated
to
2003
using
mean
hourly
wage
rates
from
the
Bureau
of
Labor
Statistics'
National
Industry­
Specific
Occupational
Employment
and
Wage
Estimates,
the
Employment
Cost
Index
for
wages
and
salaries,
and
the
Employer
Costs
for
Employee
Compensation,
as
follows:
23
September
1,
2004
°
The
estimated
2002
training
provider
clerical
staff
hourly
wage
was
$
13.43
based
on
the
mean
hourly
wage
for
Administrative
Support
Occupations.
This
wage
rates
is
specific
to
Business
Schools
and
Computer
and
Management
Training
(
NAICS
611400)
(
BLS,
2002).


According
to
the
Employment
Cost
Index,
wages
and
salaries
rose
by
3.3
percent
during
the
period
of
June
2002
to
September
2003
for
these
workers,
and
wages
and
salaries
were
inflated
by
this
amount
(
BLS,
2003a).


According
to
the
Employer
Costs
for
Employee
Compensation,
wages
and
salaries
accounted
for
73.5
percent
of
total
compensation
for
employees
of
service
producing
private
industry
as
of
September
2003.
Based
on
this
information,
a
loading
factor
of
1.361
(
or,
1/
0.735)
was
applied
to
the
mean
hourly
wage
rate
to
estimate
total
hourly
compensation
for
training
provider
staff
(
BLS,
2003b).


The
updated
estimated
2003
total
hourly
compensation
for
training
provider
clerical
staff
is
$
18.88.

In
addition,
training
providers
are
expected
to
incur
materials
costs
associated
with
the
annual
recordkeeping
requirements
of
the
MAP
Rule.
These
were
estimated
to
be
$
436
in
the
MAP
Rule
(
EPA,
1993).
Previous
ICRs
have
updated
this
cost
using
the
implicit
price
deflator
for
the
Gross
Domestic
Product
(
GDP).
Using
this
same
approach,
this
cost
was
updated
to
$
544
per
training
provider
in
2003
dollars.

Worksheet
6
shows
the
estimated
annual
cost
of
training
provider
compliance
with
the
MAP
Rule,
which
is
$
648
per
training
provider.

Worksheet
6:
Annual
Cost
per
Training
Provider
(
2003
$)

Labor
Category
Freq/
Year
Total
Clerical
$
18.88
per
hour
Activities
1.
Retain
records
N/
A
N/
A
$
544
2.
Provide
reasonable
access
to
records
to
EPA
or
State
$
9.44
11
$
104
Estimated
Cost
per
Provider
$
9.44
11
$
648
6(
c)
Estimating
Agency
Burden
And
Cost
Agency
burden
and
cost
estimates
are
presented
in
Worksheets
7
and
8.

EPA
Burden
24
September
1,
2004
The
EPA
activities
associated
with
the
Schools
Rule
are
related
to
implementation
of
the
rule's
provisions.
In
the
AHERA
RIA
(
EPA,
1987a),
EPA
estimated
that
the
Federal
implementation
of
the
Schools
Rule
would
require
the
services
of
eight
full­
time
equivalent
(
FTEs)
employees
in
the
first
year,
four
FTEs
in
years
two
to
four,
and
two
FTEs
in
subsequent
years.
Because
the
rule
is
now
past
the
initial
four
year
period,
the
remaining
EPA
burden
from
implementing
the
Schools
Rule
is
two
FTEs
annually.
This
represents
an
annual
burden
of
4,160
hours.

In
addition,
an
estimated
220
hours
per
year
of
management
and
technical
labor
are
required
to
respond
to
questions
about
the
MAP
Rule.
The
annual
burden
from
both
rules
combined
is
estimated
to
be
4,380
hours
in
subsequent
years.

The
EPA
regional
burden
associated
with
auditing
training
provider
courses
and
records
is
expected
to
be
approximately
144
hours
per
year
per
regional
office.

Worksheet
7:
Annual
Agency
Burden
Estimates
for
EPA
Headquarters
and
Regional
Offices
(
Hours)

Activity
Labor
Category
Freq/
Year
Total
Management
Technical
EPA
Headquarters
1.
Perform
recordkeeping
tasks
under
the
Schools
Rule
0
4,160
N/
A
4,160
2.
Answer
respondent
questions
about
the
MAP
Rule
20
200
N/
A
220
Total
HQ
20
4,360
4,380
EPA
Regional
Offices
1.
Audit
training
provider
courses
and
records
for
compliance
monitoring
purposes
0
8
18
144
Total
per
Region
0
8
18
144
EPA
Costs
Consistent
with
previous
ICRs,
technical
tasks
are
expected
to
be
completed
by
staff
at
the
GS­
13
level
and
management
tasks
at
the
GS­
15
level.
The
2003
GS­
13
level,
step
5
hourly
compensation
was
$
60
for
technical
staff,
while
the
2003
GS­
15
level,
step
5
hourly
compensation
was
$
83.41
for
managerial
staff
(
OPM,
2003).
These
hourly
rates
include
the
standard
60
percent
loading
factor
for
EPA
personnel.

Estimates
incorporating
these
hourly
compensation
rates
and
the
burden
hour
estimates
from
the
previous
section
are
shown
in
Worksheet
8.
Total
annual
costs
for
EPA
Headquarters
are
estimated
at
$
263,268.
Total
annual
costs
for
EPA
Regional
Offices
are
estimated
at
$
8,640
per
region.
25
Worksheet
8:
Annual
Agency
Cost
Estimates
for
EPA
Headquarters
and
Regional
Offices
(
2003
$)

Activity
Labor
Category
Freq/
Year
Total
Management
Technical
$
83.41
per
hour
$
60.00
per
hour
EPA
Headquarters
1.
Perform
recordkeeping
tasks
under
the
Schools
Rule
$
0
$
249,600
N/
A
$
249,600
2.
Answer
respondent
questions
about
the
MAP
Rule
$
1,668
$
12,000
N/
A
$
13,668
Total
HQ
$
1,668
$
261,600
$
263,268
EPA
Regional
Offices
1.
Audit
training
provider
courses
and
records
for
compliance
monitoring
purposes
$
0
$
480
$
18
$
8,640
Total
per
Region
$
0
$
480
$
18
$
8,640
6(
d)
Bottom
Line
Burden
Hours
And
Costs
Table
4
and
Appendix
G
of
the
AHERA
RIA
(
EPA,
1987a),
and
Figure
Two,
Addendum
to
ICR
#
2070­
0091
Asbestos
in
Schools
Rule
(
EPA,
1987b),
estimate
the
change
in
number
of
schools
with
friable
and
nonfriable
ACM
over
the
implementation
period
of
the
rule.
The
intent
of
the
Schools
Rule
is
that
all
schools
have
a
management
plan,
and
that
schools
with
friable
ACM
also
have
an
O&
M
plan.
The
number
of
school
respondents
in
this
ICR
renewal
is
based
on
the
average
number
of
affected
schools
of
each
type
for
years
17
through
19
of
program
implementation,
which
is
an
extension
of
the
method
used
in
previous
ICRs.
The
total
number
of
public
and
private
schools
is
based
on
data
obtained
from
the
US
Department
of
Education's
National
Center
for
Education
Statistics
in
July
2002.

As
in
previous
ICRs,
the
total
number
of
training
providers
is
estimated
using
the
latest
National
Directory
of
AHERA
Accredited
Courses.
According
to
the
2003
edition,
there
are
currently
769
accredited
training
providers.
This
is
a
slight
increase
from
the
last
ICR,
in
which
there
were
724
accredited
training
providers
listed.
Based
on
the
unit
burden
estimates
from
Section
6(
a)
and
the
unit
cost
estimates
from
Section
6(
b),
estimated
annual
recordkeeping
burden
for
all
training
providers
is
4,230
hours
and
the
estimated
annual
cost
is
$
498,312.

In
previous
ICRs,
the
total
number
of
states
was
50.
To
reflect
more
accurately
the
requirements
of
the
MAP
rule,
the
District
of
Columbia
and
the
US
territories
have
been
added
to
the
tally,
bringing
the
total
to
56.
Based
on
the
unit
burden
estimates
from
Section
6(
a)
and
the
unit
cost
estimates
from
Section
6(
b),
estimated
annual
recordkeeping
burden
for
all
states
and
territories
is
7,840
hours
and
the
estimated
annual
cost
is
$
197,736.

Based
on
these
estimates
of
numbers
of
respondents
and
estimates
of
unit
cost
and
burden,
the
total
respondent
and
EPA
tallies
are
shown
in
the
following
tables.
26
September
1,
2004
(
i)
The
respondent
tally
Average
Annual
Respondent
Aggregation
Table
Number
of
Entities
Unit
Burden
Total
Burden
Unit
Cost
Total
Cost
Local
Education
Agencies
Schools
with
Friable
ACM
Public
Primary
6,568
35
229,880
$
892
$
5,859,255
Public
Secondary
3,872
58
224,576
$
1,388
$
5,374,689
Private
3,312
35
115,920
$
892
$
2,954,606
Schools
with
Nonfriable
ACM
Public
Primary
59,615
15
894,225
$
423
$
25,222,580
Public
Secondary
23,218
28
650,104
$
704
$
16,347,589
Private
23,911
15
358,665
$
423
$
10,116,533
Subtotal
120,496
2,473,370
$
65,875,252
Training
Providers
769
5.5
4,230
$
648
$
498,312
States/
Territories
56
140
7,840
$
3,531
$
197,736
TOTAL
121,321
2,485,440
$
66,571,300
(
ii)
The
Agency
tally
Average
Annual
Agency
Aggregation
Table
Number
of
Entities
Unit
Burden
Total
Burden
Unit
Cost
Total
Cost
Headquarters
1
4,380
4,380
$
263,268
$
263,268
Regions
10
144
1,440
$
8,640
$
86,400
TOTAL
5,820
$
349,668
6(
e)
Reasons
For
Change
in
Burden
The
total
burden
estimate
for
respondents
has
increased
since
the
most
recently
approved
renewal
of
this
ICR
because
of
adjustments
for
each
respondent
type.
The
total
estimated
annual
burden
for
this
information
collection
currently
amounts
to
2,485,440
hours
per
year.
This
compares
with
an
average
annual
burden
of
2,212,151
hours
in
the
most
recently
approved
clearance
of
this
information
collection.

Changes
in
Respondent
Burden
Burden
Hour
Estimates
Reason
for
Change
Respondent
Type
Previous
Current
Difference
Local
Education
Agencies
2,201,169
2,473,370
272,201
Adjustment
Training
Providers
3,982
4,230
248
Adjustment
States/
Territories
7,000
7,840
840
Adjustment
Total
2,212,151
2,485,440
273,289
27
September
1,
2004
Most
of
the
increase
is
attributable
to
a
change
in
the
method
of
calculating
total
annual
burden
for
LEAs.
In
previous
ICRs,
total
burden
was
estimated
for
the
remainder
of
the
30­
year
implementation
period,
then
averaged
over
each
of
the
remaining
years
to
estimate
annual
burden.
Because
burden
is
expected
to
decline
over
time
as
schools
abate
friable
ACM,
this
method
produced
lower
annual
burden
estimates
for
the
earlier
years
in
the
period
because
total
burden
was
averaged
over
a
larger
number
of
years.
For
this
ICR
renewal,
the
average
estimated
number
of
schools
of
each
type
in
the
three
years
of
the
renewal
period
(
years
17­
19
of
the
implementation
period)
is
used
with
the
unit
burden
estimates
to
derive
an
annual
burden
estimate.
This
is
a
more
transparent
method
since
it
relies
on
simple
multiplication
of
the
estimated
number
of
respondents
by
the
unit
burden
associated
with
each.

There
is
also
some
increase
attributable
to
using
higher,
updated
total
numbers
of
respondents
of
all
types.

6(
f)
Burden
Statement
The
annual
public
burden
for
this
collection
of
information,
which
is
approved
under
OMB
Control
No.
2070­
0091,
is
estimated
to
be
20.5
hours
per
response
for
schools,
140
hours
per
response
for
states,
and
5.5
hours
per
response
for
training
providers.
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.
The
OMB
control
numbers
for
EPA's
regulations
in
title
40
of
the
CFR,
after
appearing
in
the
Federal
Register,
are
listed
in
40
CFR
part
9
and
included
on
the
related
collection
instrument
or
form,
if
applicable.

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
2004­
0077,
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
28
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
September
1,
2004
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
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
2004­
0077
and
OMB
control
number
2070­
0091
in
any
correspondence.
29
September
1,
2004
References
Bureau
of
Labor
Statistics.
2002.
Occupational
Employment
Statistics:
2002
National
Industry­
Specific
Occupational
Employment
and
Wage
Estimates.
Web
site
http://
www.
bls.
gov/
oes/
2002/
oessrci.
htm
Bureau
of
Labor
Statistics.
2003a.
Employment
Cost
Index,
Historical
Listing
(
1987
=
100).
October
30.
Web
site
http://
www.
bls.
gov/
web/
echistry.
pdf
Bureau
of
Labor
Statistics.
2003b.
Employer
Costs
for
Employee
Compensation
 
September
2003.
November
25.
Web
site
http://
www.
bls.
gov/
news.
release/
pdf/
ecec.
pdf
Office
of
Personnel
Management.
2003.
Salary
Table
2003­
DCB.
Web
Site
http://
www.
opm.
gov/
oca/
03tables/
html/
dcb_
h.
asp
U.
S.
EPA,
Office
of
Toxic
Substances,
Economics
and
Technology
Division.
1987a.
Asbestos
Hazard
Emergency
Response
Act
Regulatory
Impact
Analysis.
September.

U.
S.
EPA,
Office
of
Pesticides
and
Toxic
Substances.
1987b.
Addendum
to
ICR
#
2070­
0091
Asbestos­
In­
Schools
Rule.
October.

U.
S.
EPA.
1991.
ICR
Renewal
for
the
Asbestos
Hazard
Emergency
Response
Act
(
AHERA),
Title
II
of
the
Toxic
Substances
Control
Act
(
TSCA)
­
Asbestos­
Containing
Materials
in
Schools
Rule.
OMB
No.
2070­
0091.
EPA
ICR
#
1365.

U.
S.
EPA.
1993.
Supplemental
ICR
for
the
Asbestos­
Containing
Materials
in
Schools
Rule.
OMB
No.
2070­
0091.
EPA
ICR
#
1365.

U.
S.
EPA.
1994.
Renewal
ICR
for
the
Asbestos­
Containing
Materials
in
Schools
Rule.
OMB
No,
2070­
0091.
EPA
ICR
#
1365.

U.
S.
EPA.
1997.
Renewal
ICR
for
the
Asbestos­
Containing
Materials
in
Schools
Rule.
OMB
No,
2070­
0091.
EPA
ICR
#
1365.

U.
S.
EPA.
2001.
Renewal
ICR
for
the
Asbestos­
Containing
Materials
in
Schools
Rule.
OMB
No,
2070­
0091.
EPA
ICR
#
1365.

U.
S.
EPA,
Office
of
Pollution
Prevention
and
Toxics.
2003.
National
Directory
of
AHERA
Accredited
Courses.
November,
Web
site
http://
www.
epa.
gov/
asbestos/
ndaac.
html
30
ATTACHMENTS:

Attachment
A
Asbestos
Hazard
Emergency
Response
Act,
Section
203
Attachment
B
Asbestos
Hazard
Emergency
Response
Act,
Section
206
Attachment
C
Asbestos­
Containing
Materials
in
Schools
Rule
(
40
CFR
763,
Subpart
E)
Attachment
D
Model
Accreditation
Plan
(
40
CFR
763,
Subpart
E,
Appendix
C)
Attachment
E
­
Worksheet
A­
1:
Estimation
of
Change
in
Number
of
Schools
with
Friable
and
Nonfriable
ACM
over
Next
20
Years;
and
­
Worksheet
A­
2:
Per­
School
Annual
Cost
Estimates
Combined
with
Estimated
Change
in
Number
of
Schools
with
Friable
and
Nonfriable
ACM
over
Next
20
Years
as
Reported
in
Worksheet
A­
1
Attachment
F
Copies
of
Consultation
Letters
Send
and
Received
EPA
ICR
No.
1365.07;
OMB
Control
No.
2070­
0091
Attachment
A
Asbestos
Hazard
Emergency
Response
Act,
Section
203
(
15
U.
S.
C.
§
2643)
A­
1
US
Code
as
of:
01/
05/
99
Sec.
2643.
EPA
regulations
(
a)
In
general
Within
360
days
after
October
22,
1986,
the
Administrator
shall
promulgate
regulations
as
described
in
subsections
(
b)
through
(
i)
of
this
section.
With
respect
to
regulations
described
in
subsections
(
b),
(
c),
(
d),
(
e),
(
f),
(
g),
and
(
i)
of
this
section,
the
Administrator
shall
issue
an
advanced
notice
of
proposed
rulemaking
within
60
days
after
October
22,
1986,
and
shall
propose
regulations
within
180
days
after
October
22,
1986.
Any
regulation
promulgated
under
this
section
must
protect
human
health
and
the
environment.

(
b)
Inspection
The
Administrator
shall
promulgate
regulations
which
prescribe
procedures,
including
the
use
of
personnel
accredited
under
section
2646(
b)
or
(
c)
of
this
title
and
laboratories
accredited
under
section
2646(
d)
of
this
title,
for
determining
whether
asbestos­
containing
material
is
present
in
a
school
building
under
the
authority
of
a
local
educational
agency.
The
regulations
shall
provide
for
the
exclusion
of
any
school
building,
or
portion
of
a
school
building,
if
(
1)
an
inspection
of
such
school
building
(
or
portion)
was
completed
before
the
effective
date
of
the
regulations,
and
(
2)
the
inspection
meets
the
procedures
and
other
requirements
of
the
regulations
under
this
subchapter
or
of
the
''
Guidance
for
Controlling
Asbestos­
Containing
Materials
in
Buildings''
(
unless
the
Administrator
determines
that
an
inspection
in
accordance
with
the
guidance
document
is
inadequate).
The
regulations
shall
require
inspection
of
any
school
building
(
or
portion
of
a
school
building)
that
is
not
excluded
by
the
preceding
sentence.

(
c)
Circumstances
requiring
response
actions
(
1)
The
Administrator
shall
promulgate
regulations
which
define
the
appropriate
response
action
in
a
school
building
under
the
authority
of
a
local
educational
agency
in
at
least
the
following
circumstances:
(
A)
Damage
Circumstances
in
which
friable
asbestos­
containing
material
or
its
covering
is
damaged,
deteriorated,
or
delaminated.
(
B)
Significant
damage
Circumstances
in
which
friable
asbestos­
containing
material
or
its
covering
is
significantly
damaged,
deteriorated,
or
delaminated.
(
C)
Potential
damage
Circumstances
in
which
­
(
i)
friable
asbestos­
containing
material
is
in
an
area
regularly
used
by
building
occupants,
including
maintenance
personnel,
in
the
course
of
their
normal
activities,
and
(
ii)
there
is
a
reasonable
likelihood
that
the
material
or
its
covering
will
become
damaged,
deteriorated,
or
delaminated.
(
D)
Potential
significant
damage
Circumstances
in
which
­
A­
2
(
i)
friable
asbestos­
containing
material
is
in
an
area
regularly
used
by
building
occupants,
including
maintenance
personnel,
in
the
course
of
their
normal
activities,
and
(
ii)
there
is
a
reasonable
likelihood
that
the
material
or
its
covering
will
become
significantly
damaged,
deteriorated,
or
delaminated.
(
2)
In
promulgating
such
regulations,
the
Administrator
shall
consider
and
assess
the
value
of
various
technologies
intended
to
improve
the
decision
making
process
regarding
response
actions
and
the
quality
of
any
work
that
is
deemed
necessary,
including
air
monitoring
and
chemical
encapsulants.

(
d)
Response
actions
(
1)
In
general
The
Administrator
shall
promulgate
regulations
describing
a
response
action
in
a
school
building
under
the
authority
of
a
local
educational
agency,
using
the
least
burdensome
methods
which
protect
human
health
and
the
environment.
In
determining
the
least
burdensome
methods,
the
Administrator
shall
take
into
account
local
circumstances,
including
occupancy
and
use
patterns
within
the
school
building
and
short­
and
long­
term
costs.
(
2)
Response
action
for
damaged
asbestos
In
the
case
of
a
response
action
for
the
circumstances
described
in
subsection
(
c)(
1)(
A)
of
this
section,
methods
for
responding
shall
include
methods
identified
in
chapters
3
and
5
of
the
''
Guidance
for
Controlling
Asbestos­
Containing
Material
in
Buildings''.
(
3)
Response
action
for
significantly
damaged
asbestos
In
the
case
of
a
response
action
for
the
circumstances
described
in
subsection
(
c)(
1)(
B)
of
this
section,
methods
for
responding
shall
include
methods
identified
in
chapter
5
of
the
''
Guidance
for
Controlling
Asbestos­
Containing
Material
in
Buildings''.
(
4)
Response
action
for
potentially
damaged
asbestos
In
the
case
of
a
response
action
for
the
circumstances
described
in
subsection
(
c)(
1)(
C)
of
this
section,
methods
for
responding
shall
include
methods
identified
in
chapters
3
and
5
of
the
''
Guidance
for
Controlling
Asbestos­
Containing
Material
in
Buildings'',
unless
preventive
measures
will
eliminate
the
reasonable
likelihood
that
the
asbestos­
containing
material
will
become
damaged,
deteriorated,
or
delaminated.
(
5)
Response
action
for
potentially
significantly
damaged
asbestos
In
the
case
of
a
response
action
for
the
circumstances
described
in
subsection
(
c)(
1)(
D)
of
this
section,
methods
for
responding
shall
include
methods
identified
in
chapter
5
of
the
''
Guidance
for
Controlling
Asbestos­
Containing
Material
in
Buildings'',
unless
preventive
measures
will
eliminate
the
reasonable
likelihood
that
the
asbestos­
containing
material
will
become
significantly
damaged,
deteriorated,
or
delaminated.
(
6)
''
Preventive
measures''
defined
For
purposes
of
this
section,
the
term
''
preventive
measures''
means
actions
which
eliminate
the
reasonable
likelihood
of
asbestos­
containing
material
becoming
damaged,
deteriorated,
or
delaminated,
or
significantly
damaged
[
1]
deteriorated,
or
delaminated
(
as
the
case
may
be)
or
which
protect
human
health
and
the
environment.
(
7)
EPA
information
or
advisory
A­
3
The
Administrator
shall,
not
later
than
30
days
after
November
28,
1990,
publish
and
distribute
to
all
local
education
agencies
and
State
Governors
information
or
an
advisory
to
­
(
A)
facilitate
public
understanding
of
the
comparative
risks
associated
with
in­
place
management
of
asbestos­
containing
building
materials
and
removals;
(
B)
promote
the
least
burdensome
response
actions
necessary
to
protect
human
health,
safety,
and
the
environment;
and
(
C)
describe
the
circumstances
in
which
asbestos
removal
is
necessary
to
protect
human
health.
Such
information
or
advisory
shall
be
based
on
the
best
available
scientific
evidence
and
shall
be
revised,
republished,
and
redistributed
as
appropriate,
to
reflect
new
scientific
findings.

(
e)
Implementation
The
Administrator
shall
promulgate
regulations
requiring
the
implementation
of
response
actions
in
school
buildings
under
the
authority
of
a
local
educational
agency
and,
where
appropriate,
for
the
determination
of
when
a
response
action
is
completed.
Such
regulations
shall
include
standards
for
the
education
and
protection
of
both
workers
and
building
occupants
for
the
following
phases
of
activity:
(
1)
Inspection.
(
2)
Response
Action.
[
2]
(
3)
Post­
response
action,
including
any
periodic
reinspection
of
asbestos­
containing
material
and
long­
term
surveillance
activity.

(
f)
Operations
and
maintenance
The
Administrator
shall
promulgate
regulations
to
require
implementation
of
an
operations
and
maintenance
and
repair
program
as
described
in
chapter
3
of
the
''
Guidance
for
Controlling
Asbestos­
Containing
Materials
in
Buildings''
for
all
friable
asbestos­
containing
material
in
a
school
building
under
the
authority
of
a
local
educational
agency.

(
g)
Periodic
surveillance
The
Administrator
shall
promulgate
regulations
to
require
the
following:
(
1)
An
identification
of
the
location
of
friable
and
non­
friable
asbestos
in
a
school
building
under
the
authority
of
a
local
educational
agency.
(
2)
Provisions
for
surveillance
and
periodic
reinspection
of
such
friable
and
non­
friable
asbestos.
(
3)
Provisions
for
education
of
school
employees,
including
school
service
and
maintenance
personnel,
about
the
location
of
and
safety
procedures
with
respect
to
such
friable
and
non­
friable
asbestos.

(
h)
Transportation
and
disposal
The
Administrator
shall
promulgate
regulations
which
prescribe
standards
for
transportation
and
disposal
of
asbestos­
containing
waste
material
to
protect
human
health
and
the
environment.
A­
4
Such
regulations
shall
include
such
provisions
related
to
the
manner
in
which
transportation
vehicles
are
loaded
and
unloaded
as
will
assure
the
physical
integrity
of
containers
of
asbestos­
containing
waste
material.

(
i)
Management
plans
(
1)
In
general
The
Administrator
shall
promulgate
regulations
which
require
each
local
educational
agency
to
develop
an
asbestos
management
plan
for
school
buildings
under
its
authority,
to
begin
implementation
of
such
plan
within
990
days
after
October
22,
1986,
and
to
complete
implementation
of
such
plan
in
a
timely
fashion.
The
regulations
shall
require
that
each
plan
include
the
following
elements,
wherever
relevant
to
the
school
building:
(
A)
An
inspection
statement
describing
inspection
and
response
action
activities
carried
out
before
October
22,
1986.
(
B)
A
description
of
the
results
of
the
inspection
conducted
pursuant
to
regulations
under
subsection
(
b)
of
this
section,
including
a
description
of
the
specific
areas
inspected.
(
C)
A
detailed
description
of
measures
to
be
taken
to
respond
to
any
friable
asbestos­
containing
material
pursuant
to
the
regulations
promulgated
under
subsections
(
c),
(
d),
and
(
e)
of
this
section,
including
the
location
or
locations
at
which
a
response
action
will
be
taken,
the
method
or
methods
of
response
action
to
be
used,
and
a
schedule
for
beginning
and
completing
response
actions.
(
D)
A
detailed
description
of
any
asbestos­
containing
material
which
remains
in
the
school
building
once
response
actions
are
undertaken
pursuant
to
the
regulations
promulgated
under
subsections
(
c),
(
d),
and
(
e)
of
this
section.
(
E)
A
plan
for
periodic
reinspection
and
long­
term
surveillance
activities
developed
pursuant
to
regulations
promulgated
under
subsection
(
g)
of
this
section,
and
a
plan
for
operations
and
maintenance
activities
developed
pursuant
to
regulations
promulgated
under
subsection
(
f)
of
this
section.
(
F)
With
respect
to
the
person
or
persons
who
inspected
for
asbestos­
containing
material
and
who
will
design
or
carry
out
response
actions
with
respect
to
the
friable
asbestos­
containing
material,
one
of
the
following
statements:
(
i)
If
the
State
has
adopted
a
contractor
accreditation
plan
under
section
2646(
b)
of
this
title,
a
statement
that
the
person
(
or
persons)
is
accredited
under
such
plan.
(
ii)
A
statement
that
the
local
educational
agency
used
(
or
will
use)
persons
who
have
been
accredited
by
another
State
which
has
adopted
a
contractor
accreditation
plan
under
section
2646(
b)
of
this
title
or
is
accredited
pursuant
to
an
Administrator­
approved
course
under
section
2646(
c)
of
this
title.
(
G)
A
list
of
the
laboratories
that
analyzed
any
bulk
samples
of
asbestos­
containing
material
found
in
the
school
building
or
air
samples
taken
to
detect
asbestos
in
the
school
building
and
a
statement
that
each
laboratory
has
been
accredited
pursuant
to
the
accreditation
program
under
section
2646(
d)
of
this
title.
A­
5
(
H)
With
respect
to
each
consultant
who
contributed
to
the
management
plan,
the
name
of
the
consultant
and
one
of
the
following
statements:
(
i)
If
the
State
has
adopted
a
contractor
accreditation
plan
under
section
2646(
b)
of
this
title,
a
statement
that
the
consultant
is
accredited
under
such
plan.
(
ii)
A
statement
that
the
contractor
is
accredited
by
another
State
which
has
adopted
a
contractor
accreditation
plan
under
section
2646(
b)
of
this
title
or
is
accredited
pursuant
to
an
Administrator­
approved
course
under
section
2646(
c)
of
this
title.
(
I)
An
evaluation
of
resources
needed
to
successfully
complete
response
actions
and
carry
out
reinspection,
surveillance,
and
operation
and
maintenance
activities.
(
2)
Statement
by
contractor
A
local
educational
agency
may
require
each
management
plan
to
contain
a
statement
signed
by
an
accredited
asbestos
contractor
that
such
contractor
has
prepared
or
assisted
in
the
preparation
of
such
plan,
or
has
reviewed
such
plan,
and
that
such
plan
is
in
compliance
with
the
applicable
regulations
and
standards
promulgated
or
adopted
pursuant
to
this
section
and
other
applicable
provisions
of
law.
Such
a
statement
may
not
be
signed
by
a
contractor
who,
in
addition
to
preparing
or
assisting
in
preparing
the
management
plan,
also
implements
(
or
will
implement)
the
management
plan.
(
3)
Warning
labels
(
A)
The
regulations
shall
require
that
each
local
educational
agency
which
has
inspected
for
and
discovered
any
asbestos­
containing
material
with
respect
to
a
school
building
shall
attach
a
warning
label
to
any
asbestos­
containing
material
still
in
routine
maintenance
areas
(
such
as
boiler
rooms)
of
the
school
building,
including
­
(
i)
friable
asbestos­
containing
material
which
was
responded
to
by
a
means
other
than
removal,
and
(
ii)
asbestos­
containing
material
for
which
no
response
action
was
carried
out.
(
B)
The
warning
label
shall
read,
in
print
which
is
readily
visible
because
of
large
size
or
bright
color,
as
follows:
''
CAUTION:
ASBESTOS.
HAZARDOUS.
DO
NOT
DISTURB
WITHOUT
PROPER
TRAINING
AND
EQUIPMENT.''
(
4)
Plan
may
be
submitted
in
stages
A
local
educational
agency
may
submit
a
management
plan
in
stages,
with
each
submission
of
the
agency
covering
only
a
portion
of
the
school
buildings
under
the
agency's
authority,
if
the
agency
determines
that
such
action
would
expedite
the
identification
and
abatement
of
hazardous
asbestos­
containing
material
in
the
school
buildings
under
the
authority
of
the
agency.
(
5)
Public
availability
A
copy
of
the
management
plan
developed
under
the
regulations
shall
be
available
in
the
administrative
offices
of
the
local
educational
agency
for
inspection
by
the
public,
including
teachers,
other
school
personnel,
and
parents.
The
local
educational
agency
shall
notify
parent,
teacher,
and
employee
organizations
of
the
availability
of
such
plan.
A­
6
(
6)
Submission
to
State
Governor
Each
plan
developed
under
this
subsection
shall
be
submitted
to
the
State
Governor
under
section
2645
of
this
title.

(
j)
Changes
in
regulations
Changes
may
be
made
in
the
regulations
promulgated
under
this
section
only
by
rule
in
accordance
with
section
553
of
title
5.
Any
such
change
must
protect
human
health
and
the
environment.

(
k)
Changes
in
guidance
document
Any
change
made
in
the
''
Guidance
for
Controlling
Asbestos­
Containing
Material
in
Buildings''
shall
be
made
only
by
rule
in
accordance
with
section
553
of
title
5,
unless
a
regulation
described
in
this
section
dealing
with
the
same
subject
matter
is
in
effect.
Any
such
change
must
protect
human
health
and
the
environment.

(
l)
Treatment
of
Department
of
Defense
schools
(
1)
Secretary
to
act
in
lieu
of
Governor
In
the
administration
of
this
subchapter,
any
function,
duty,
or
other
responsibility
imposed
on
a
Governor
of
a
State
shall
be
carried
out
by
the
Secretary
of
Defense
with
respect
to
any
school
operated
under
the
defense
dependents'
education
system
provided
for
under
the
Defense
Dependents'
Education
Act
of
1978
(
20
U.
S.
C.
921
et
seq.).
(
2)
Regulations
The
Secretary
of
Defense,
in
cooperation
with
the
Administrator,
shall,
to
the
extent
feasible
and
consistent
with
the
national
security,
take
such
action
as
may
be
necessary
to
provide
for
the
identification,
inspection,
and
management
(
including
abatement)
of
asbestos
in
any
building
used
by
the
Department
of
Defense
as
an
overseas
school
for
dependents
of
members
of
the
Armed
Forces.
Such
identification,
inspection,
and
management
(
including
abatement)
shall,
subject
to
the
preceding
sentence,
be
carried
out
in
a
manner
comparable
to
the
manner
in
which
a
local
educational
agency
is
required
to
carry
out
such
activities
with
respect
to
a
school
building
under
this
subchapter.

(
m)
Waiver
The
Administrator,
upon
request
by
a
Governor
and
after
notice
and
comment
and
opportunity
for
a
public
hearing
in
the
affected
State,
may
waive
some
or
all
of
the
requirements
of
this
section
and
section
2644
of
this
title
with
respect
to
such
State
if
it
has
established
and
is
implementing
a
program
of
asbestos
inspection
and
management
that
contains
requirements
that
are
at
least
as
stringent
as
the
requirements
of
this
section
and
section
2644
of
this
title.

Footnotes
[
1]
So
in
original.
Probably
should
be
followed
by
a
comma.
[
2]
So
in
original.
Probably
should
not
be
capitalized.
EPA
ICR
No.
1365.07;
OMB
Control
No.
2070­
0091
Attachment
B
Asbestos
Hazard
Emergency
Response
Act,
Section
206
(
15
U.
S.
C.
§
2646)
US
Code
as
of:
01/
05/
99
Sec.
2646.
Contractor
and
laboratory
accreditation
(
a)
Contractor
accreditation
A
person
may
not
­
(
1)
inspect
for
asbestos­
containing
material
in
a
school
building
under
the
authority
of
a
local
educational
agency
or
in
a
public
or
commercial
building,
(
2)
prepare
a
management
plan
for
such
a
school,
or
(
3)
design
or
conduct
response
actions,
other
than
the
type
of
action
described
in
sections
2643(
f)
and
2644(
c)
of
this
title,
with
respect
to
friable
asbestos­
containing
material
in
such
a
school
or
in
a
public
or
commercial
building,
unless
such
person
is
accredited
by
a
State
under
subsection
(
b)
of
this
section
or
is
accredited
pursuant
to
an
Administrator­
approved
course
under
subsection
(
c)
of
this
section.

(
b)
Accreditation
by
State
(
1)
Model
plan
(
A)
Persons
to
be
accredited
Within
180
days
after
October
22,
1986,
the
Administrator,
in
consultation
with
affected
organizations,
shall
develop
a
model
contractor
accreditation
plan
for
States
to
give
accreditation
to
persons
in
the
following
categories:
(
i)
Persons
who
inspect
for
asbestos­
containing
material
in
school
buildings
under
the
authority
of
a
local
educational
agency
or
in
public
or
commercial
buildings.
(
ii)
Persons
who
prepare
management
plans
for
such
schools.
(
iii)
Persons
who
design
or
carry
out
response
actions,
other
than
the
type
of
action
described
in
sections
2643(
f)
and
2644(
c)
of
this
title,
with
respect
to
friable
asbestos­
containing
material
in
such
schools
or
in
public
or
commercial
buildings.
(
B)
Plan
requirements
The
plan
shall
include
a
requirement
that
any
person
in
a
category
listed
in
paragraph
(
1)
achieve
a
passing
grade
on
an
examination
and
participate
in
continuing
education
to
stay
informed
about
current
asbestos
inspection
and
response
action
technology.
The
examination
shall
demonstrate
the
knowledge
of
the
person
in
areas
that
the
Administrator
prescribes
as
necessary
and
appropriate
in
each
of
the
categories.
Such
examinations
may
include
requirements
for
knowledge
in
the
following
areas:
(
i)
Recognition
of
asbestos­
containing
material
and
its
physical
characteristics.
(
ii)
Health
hazards
of
asbestos
and
the
relationship
between
asbestos
exposure
and
disease.
(
iii)
Assessing
the
risk
of
asbestos
exposure
through
a
knowledge
of
percentage
weight
of
asbestos­
containing
material,
friability,
age,
deterioration,
location
and
accessibility
of
materials,
and
advantages
and
disadvantages
of
dry
and
wet
response
action
methods.
B­
2
(
iv)
Respirators
and
their
use,
care,
selection,
degree
of
protection
afforded,
fitting,
testing,
and
maintenance
and
cleaning
procedures.
(
v)
Appropriate
work
practices
and
control
methods,
including
the
use
of
high
efficiency
particle
absolute
vacuums,
the
use
of
amended
water,
and
principles
of
negative
air
pressure
equipment
use
and
procedures.
(
vi)
Preparing
a
work
area
for
response
action
work,
including
isolating
work
areas
to
prevent
bystander
or
public
exposure
to
asbestos,
decontamination
procedures,
and
procedures
for
dismantling
work
areas
after
completion
of
work.
(
vii)
Establishing
emergency
procedures
to
respond
to
sudden
releases.
(
viii)
Air
monitoring
requirements
and
procedures.
(
ix)
Medical
surveillance
program
requirements.
(
x)
Proper
asbestos
waste
transportation
and
disposal
procedures.
(
xi)
Housekeeping
and
personal
hygiene
practices,
including
the
necessity
of
showers,
and
procedures
to
prevent
asbestos
exposure
to
an
employee's
family.
(
2)
State
adoption
of
plan
Each
State
shall
adopt
a
contractor
accreditation
plan
at
least
as
stringent
as
the
model
plan
developed
by
the
Administrator
under
paragraph
(
1),
within
180
days
after
the
commencement
of
the
first
regular
session
of
the
legislature
of
such
State
which
is
convened
following
the
date
on
which
the
Administrator
completes
development
of
the
model
plan.
In
the
case
of
a
school
operated
under
the
defense
dependents'
education
system
provided
for
under
the
Defense
Dependents'
Education
Act
of
1978
(
20
U.
S.
C.
921
et
seq.),
the
Secretary
of
Defense
shall
adopt
a
contractor
accreditation
plan
at
least
as
stringent
as
that
model.

(
c)
Accreditation
by
Administrator­
approved
course
(
1)
Course
approval
Within
180
days
after
October
22,
1986,
the
Administrator
shall
ensure
that
any
Environmental
Protection
Agency­
approved
asbestos
training
course
is
consistent
with
the
model
plan
(
including
testing
requirements)
developed
under
subsection
(
b)
of
this
section.
A
contractor
may
be
accredited
by
taking
and
passing
such
a
course.
(
2)
Treatment
of
persons
with
previous
EPA
asbestos
training
A
person
who
­
(
A)
completed
an
Environmental
Protection
Agency­
approved
asbestos
training
course
before
October
22,
1986,
and
(
B)
passed
(
or
passes)
an
asbestos
test
either
before
or
after
October
22,
1986,
may
be
accredited
under
paragraph
(
1)
if
the
Administrator
determines
that
the
course
and
test
are
equivalent
to
the
requirements
of
the
model
plan
developed
under
subsection
(
b)
of
this
section.
If
the
Administrator
so
determines,
the
person
shall
be
considered
accredited
for
the
purposes
of
this
subchapter
until
a
date
that
is
one
year
after
the
date
on
which
the
State
in
which
such
person
is
employed
establishes
an
accreditation
program
pursuant
to
subsection
(
b)
of
this
section.
(
3)
Lists
of
courses
B­
3
The
Administrator,
in
consultation
with
affected
organizations,
shall
publish
(
and
revise
as
necessary)
­
(
A)
a
list
of
asbestos
courses
and
tests
in
effect
before
October
22,
1986,
which
qualify
for
equivalency
treatment
under
paragraph
(
2),
and
(
B)
a
list
of
asbestos
courses
and
tests
which
the
Administrator
determines
under
paragraph
(
1)
are
consistent
with
the
model
plan
and
which
will
qualify
a
contractor
for
accreditation
under
such
paragraph.

(
d)
Laboratory
accreditation
(
1)
The
Administrator
shall
provide
for
the
development
of
an
accreditation
program
for
laboratories
by
the
National
Institute
of
Standards
and
Technology
in
accordance
with
paragraph
(
2).
The
Administrator
shall
transfer
such
funds
as
are
necessary
to
the
National
Institute
of
Standards
and
Technology
to
carry
out
such
program.
(
2)
The
National
Institute
of
Standards
and
Technology,
upon
request
by
the
Administrator,
shall,
in
consultation
with
affected
organizations
­
(
A)
within
360
days
after
October
22,
1986,
develop
an
accreditation
program
for
laboratories
which
conduct
qualitative
and
semi­
quantitative
analyses
of
bulk
samples
of
asbestos­
containing
material,
and
(
B)
within
720
days
after
October
22,
1986,
develop
an
accreditation
program
for
laboratories
which
conduct
analyses
of
air
samples
of
asbestos
from
school
buildings
under
the
authority
of
a
local
educational
agency.
(
3)
A
laboratory
which
plans
to
carry
out
any
such
analysis
shall
comply
with
the
requirements
of
the
accreditation
program.

(
e)
Financial
assistance
contingent
on
use
of
accredited
persons
(
1)
A
school
which
is
an
applicant
for
financial
assistance
under
section
505
of
the
Asbestos
School
Hazard
Abatement
Act
of
1984
(
20
U.
S.
C.
4014)
is
not
eligible
for
such
assistance
unless
the
school,
in
carrying
out
the
requirements
of
this
subchapter
­
(
A)
uses
a
person
(
or
persons)
­
(
i)
who
is
accredited
by
a
State
which
has
adopted
an
accreditation
plan
based
on
the
model
plan
developed
under
subsection
(
b)
of
this
section,
or
(
ii)
who
is
accredited
pursuant
to
an
Administrator­
approved
course
under
subsection
(
c)
of
this
section,
and
(
B)
uses
a
laboratory
(
or
laboratories)
which
is
accredited
under
the
program
developed
under
subsection
(
d)
of
this
section.
(
2)
This
subsection
shall
apply
to
any
financial
assistance
provided
under
the
Asbestos
School
Hazard
Abatement
Act
of
1984
(
20
U.
S.
C.
4011
et
seq.)
for
activities
performed
after
the
following
dates:
(
A)
In
the
case
of
activities
performed
by
persons,
after
the
date
which
is
one
year
after
October
22,
1986.
(
B)
In
the
case
of
activities
performed
by
laboratories,
after
the
date
which
is
180
days
after
the
date
on
which
a
laboratory
accreditation
program
is
completed
under
subsection
(
d)
of
this
section.
B­
4
(
f)
List
of
EPA­
approved
courses
Not
later
than
August
31,
1988,
and
every
three
months
thereafter
until
August
31,
1991,
the
Administrator
shall
publish
in
the
Federal
Register
a
list
of
all
Environmental
Protection
Agency­
approved
asbestos
training
courses
for
persons
to
achieve
accreditation
in
each
category
described
in
subsection
(
b)(
1)(
A)
of
this
section
and
for
laboratories
to
achieve
accreditation.
The
Administrator
may
continue
publishing
such
a
list
after
August
31,
1991,
at
such
times
as
the
Administrator
considers
it
useful.
The
list
shall
include
the
name
and
address
of
each
approved
trainer
and,
to
the
extent
available,
a
list
of
all
the
geographic
sites
where
training
courses
will
take
place.
The
Administrator
shall
provide
a
copy
of
the
list
to
each
State
official
on
the
list
published
by
the
Administrator
under
section
2645(
d)(
6)
of
this
title
and
to
each
regional
office
of
the
Environmental
Protection
Agency.
EPA
ICR
No.
1365.07;
OMB
Control
No.
2070­
0091
Attachment
C
Asbestos­
Containing
Materials
in
Schools
Rule
40
CFR
763,
Subpart
E
C­
1
TITLE
40­­
PROTECTION
OF
ENVIRONMENT
CHAPTER
I­­
ENVIRONMENTAL
PROTECTION
AGENCY
PART
763­­
ASBESTOS­­
Table
of
Contents
Subpart
E­­
Asbestos­
Containing
Materials
in
Schools
Source:
52
FR
41846,
Oct.
30,
1987,
unless
otherwise
noted.

Sec.
763.80
Scope
and
purpose.

(
a)
This
rule
requires
local
education
agencies
to
identify
friable
and
nonfriable
asbestoscontaining
material
(
ACM)
in
public
and
private
elementary
and
secondary
schools
by
visually
inspecting
school
buildings
for
such
materials,
sampling
such
materials
if
they
are
not
assumed
to
be
ACM,
and
having
samples
analyzed
by
appropriate
techniques
referred
to
in
this
rule.
The
rule
requires
local
education
agencies
to
submit
management
plans
to
the
Governor
of
their
State
by
October
12,
1988,
begin
to
implement
the
plans
by
July
9,
1989,
and
complete
implementation
of
the
plans
in
a
timely
fashion.
In
addition,
local
education
agencies
are
required
to
use
persons
who
have
been
accredited
to
conduct
inspections,
reinspections,
develop
management
plans,
or
perform
response
actions.
The
rule
also
includes
recordkeeping
requirements.
Local
education
agencies
may
contractually
delegate
their
duties
under
this
rule,
but
they
remain
responsible
for
the
proper
performance
of
those
duties.
Local
education
agencies
are
encouraged
to
consult
with
EPA
Regional
Asbestos
Coordinators,
or
if
applicable,
a
State's
lead
agency
designated
by
the
State
Governor,
for
assistance
in
complying
with
this
rule.
(
b)
Local
education
agencies
must
provide
for
the
transportation
and
disposal
of
asbestos
in
accordance
with
EPA's
''
Asbestos
Waste
Management
Guidance.''
For
convenience,
applicable
sections
of
this
guidance
are
reprinted
as
Appendix
D
of
this
subpart.
There
are
regulations
in
place,
however,
that
affect
transportation
and
disposal
of
asbestos
waste
generated
by
this
rule.
The
transportation
of
asbestos
waste
is
covered
by
the
Department
of
Transportation
(
49
CFR
part
173,
subpart
J)
and
disposal
is
covered
by
the
National
Emissions
Standards
for
Hazardous
Air
Pollutants
(
NESHAP)
(
40
CFR
part
61,
subpart
M).

Sec.
763.83
Definitions.

For
purposes
of
this
subpart:
Act
means
the
Toxic
Substances
Control
Act
(
TSCA),
15
U.
S.
C.
2601,
et
seq.
Accessible
when
referring
to
ACM
means
that
the
material
is
subject
to
disturbance
by
school
building
occupants
or
custodial
or
maintenance
personnel
in
the
course
of
their
normal
activities.
Accredited
or
accreditation
when
referring
to
a
person
or
laboratory
means
that
such
person
or
laboratory
is
accredited
in
accordance
with
section
206
of
Title
II
of
the
Act.
Air
erosion
means
the
passage
of
air
over
friable
ACBM
which
may
result
in
the
release
of
asbestos
fibers.
Asbestos
means
the
asbestiform
varieties
of:
Chrysotile
(
serpentine);
crocidolite
(
riebeckite);
amosite
(
cum­
mingtonitegrunerite);
anthophyllite;
tremolite;
and
actinolite.
C­
2
Asbestos­
containing
material
(
ACM)
when
referring
to
school
buildings
means
any
material
or
product
which
contains
more
than
1
percent
asbestos.
Asbestos­
containing
building
material
(
ACBM)
means
surfacing
ACM,
thermal
system
insulation
ACM,
or
miscellaneous
ACM
that
is
found
in
or
on
interior
structural
members
or
other
parts
of
a
school
building.
Asbestos
debris
means
pieces
of
ACBM
that
can
be
identified
by
color,
texture,
or
composition,
or
means
dust,
if
the
dust
is
determined
by
an
accredited
inspector
to
be
ACM.
Damaged
friable
miscellaneous
ACM
means
friable
miscellaneous
ACM
which
has
deteriorated
or
sustained
physical
injury
such
that
the
internal
structure
(
cohesion)
of
the
material
is
inadequate
or,
if
applicable,
which
has
delaminated
such
that
its
bond
to
the
substrate
(
adhesion)
is
inadequate
or
which
for
any
other
reason
lacks
fiber
cohesion
or
adhesion
qualities.
Such
damage
or
deterioration
may
be
illustrated
by
the
separation
of
ACM
into
layers;
separation
of
ACM
from
the
substrate;
flaking,
blistering,
or
crumbling
of
the
ACM
surface;
water
damage;
significant
or
repeated
water
stains,
scrapes,
gouges,
mars
or
other
signs
of
physical
injury
on
the
ACM.
Asbestos
debris
originating
from
the
ACBM
in
question
may
also
indicate
damage.
Damaged
friable
surfacing
ACM
means
friable
surfacing
ACM
which
has
deteriorated
or
sustained
physical
injury
such
that
the
internal
structure
(
cohesion)
of
the
material
is
inadequate
or
which
has
delaminated
such
that
its
bond
to
the
substrate
(
adhesion)
is
inadequate,
or
which,
for
any
other
reason,
lacks
fiber
cohesion
or
adhesion
qualities.
Such
damage
or
deterioration
may
be
illustrated
by
the
separation
of
ACM
into
layers;
separation
of
ACM
from
the
substrate;
flaking,
blistering,
or
crumbling
of
the
ACM
surface;
water
damage;
significant
or
repeated
water
stains,
scrapes,
gouges,
mars
or
other
signs
of
physical
injury
on
the
ACM.
Asbestos
debris
originating
from
the
ACBM
in
question
may
also
indicate
damage.
Damaged
or
significantly
damaged
thermal
system
insulation
ACM
means
thermal
system
insulation
ACM
on
pipes,
boilers,
tanks,
ducts,
and
other
thermal
system
insulation
equipment
where
the
insulation
has
lost
its
structural
integrity,
or
its
covering,
in
whole
or
in
part,
is
crushed,
water­
stained,
gouged,
punctured,
missing,
or
not
intact
such
that
it
is
not
able
to
contain
fibers.
Damage
may
be
further
illustrated
by
occasional
punctures,
gouges
or
other
signs
of
physical
injury
to
ACM;
occasional
water
damage
on
the
protective
coverings/
jackets;
or
exposed
ACM
ends
or
joints.
Asbestos
debris
originating
from
the
ACBM
in
question
may
also
indicate
damage.
Encapsulation
means
the
treatment
of
ACBM
with
a
material
that
surrounds
or
embeds
asbestos
fibers
in
an
adhesive
matrix
to
prevent
the
release
of
fibers,
as
the
encapsulant
creates
a
membrane
over
the
surface
(
bridging
encapsulant)
or
penetrates
the
material
and
binds
its
components
together
(
penetrating
encapsulant).
Enclosure
means
an
airtight,
impermeable,
permanent
barrier
around
ACBM
to
prevent
the
release
of
asbestos
fibers
into
the
air.
Fiber
release
episode
means
any
uncontrolled
or
unintentional
disturbance
of
ACBM
resulting
in
visible
emission.
Friable
when
referring
to
material
in
a
school
building
means
that
the
material,
when
dry,
may
be
crumbled,
pulverized,
or
reduced
to
powder
by
hand
pressure,
and
includes
previously
nonfriable
material
after
such
previously
nonfriable
material
becomes
damaged
to
the
extent
that
when
dry
it
may
be
crumbled,
pulverized,
or
reduced
to
powder
by
hand
pressure.
C­
3
Functional
space
means
a
room,
group
of
rooms,
or
homogeneous
area
(
including
crawl
spaces
or
the
space
between
a
dropped
ceiling
and
the
floor
or
roof
deck
above),
such
as
classroom(
s),
a
cafeteria,
gymnasium,
hallway(
s),
designated
by
a
person
accredited
to
prepare
management
plans,
design
abatement
projects,
or
conduct
response
actions.
High­
efficiency
particulate
air
(
HEPA)
refers
to
a
filtering
system
capable
of
trapping
and
retaining
at
least
99.97
percent
of
all
monodispersed
particles
0.3
µ
m
in
diameter
or
larger.
Homogeneous
area
means
an
area
of
surfacing
material,
thermal
system
insulation
material,
or
miscellaneous
material
that
is
uniform
in
color
and
texture.
Local
education
agency
means:
(
1)
Any
local
educational
agency
as
defined
in
section
198
of
the
Elementary
and
Secondary
Education
Act
of
1965
(
20
U.
S.
C.
3381).
(
2)
The
owner
of
any
nonpublic,
nonprofit
elementary,
or
secondary
school
building.
(
3)
The
governing
authority
of
any
school
operated
under
the
defense
dependent's
education
system
provided
for
under
the
Defense
Dependents'
Education
Act
of
1978
(
20
U.
S.
C.
921,
et
seq.).
Miscellaneous
ACM
means
miscellaneous
material
that
is
ACM
in
a
school
building.
Miscellaneous
material
means
interior
building
material
on
structural
components,
structural
members
or
fixtures,
such
as
floor
and
ceiling
tiles,
and
does
not
include
surfacing
material
or
thermal
system
insulation.
Nonfriable
means
material
in
a
school
building
which
when
dry
may
not
be
crumbled,
pulverized,
or
reduced
to
powder
by
hand
pressure.
Operations
and
maintenance
program
means
a
program
of
work
practices
to
maintain
friable
ACBM
in
good
condition,
ensure
clean
up
of
asbestos
fibers
previously
released,
and
prevent
further
release
by
minimizing
and
controlling
friable
ACBM
disturbance
or
damage.
Potential
damage
means
circumstances
in
which:
(
1)
Friable
ACBM
is
in
an
area
regularly
used
by
building
occupants,
including
maintenance
personnel,
in
the
course
of
their
normal
activities.
(
2)
There
are
indications
that
there
is
a
reasonable
likelihood
that
the
material
or
its
covering
will
become
damaged,
deteriorated,
or
delaminated
due
to
factors
such
as
changes
in
building
use,
changes
in
operations
and
maintenance
practices,
changes
in
occupancy,
or
recurrent
damage.
Potential
significant
damage
means
circumstances
in
which:
(
1)
Friable
ACBM
is
in
an
area
regularly
used
by
building
occupants,
including
maintenance
personnel,
in
the
course
of
their
normal
activities.
(
2)
There
are
indications
that
there
is
a
reasonable
likelihood
that
the
material
or
its
covering
will
become
significantly
damaged,
deteriorated,
or
delaminated
due
to
factors
such
as
changes
in
building
use,
changes
in
operations
and
maintenance
practices,
changes
in
occupancy,
or
recurrent
damage.
(
3)
The
material
is
subject
to
major
or
continuing
disturbance,
due
to
factors
including,
but
not
limited
to,
accessibility
or,
under
certain
circumstances,
vibration
or
air
erosion.
Preventive
measures
means
actions
taken
to
reduce
disturbance
of
ACBM
or
otherwise
eliminate
the
reasonable
likelihood
of
the
material's
becoming
damaged
or
significantly
damaged.
Removal
means
the
taking
out
or
the
stripping
of
substantially
all
ACBM
from
a
damaged
area,
a
functional
space,
or
a
homogeneous
area
in
a
school
building.
C­
4
Repair
means
returning
damaged
ACBM
to
an
undamaged
condition
or
to
an
intact
state
so
as
to
prevent
fiber
release.
Response
action
means
a
method,
including
removal,
encapsulation,
enclosure,
repair,
operations
and
maintenance,
that
protects
human
health
and
the
environment
from
friable
ACBM.
Routine
maintenance
area
means
an
area,
such
as
a
boiler
room
or
mechanical
room,
that
is
not
normally
frequented
by
students
and
in
which
maintenance
employees
or
contract
workers
regularly
conduct
maintenance
activities.
School
means
any
elementary
or
secondary
school
as
defined
in
section
198
of
the
Elementary
and
Secondary
Education
Act
of
1965
(
20
U.
S.
C.
2854).
School
building
means:
(
1)
Any
structure
suitable
for
use
as
a
classroom,
including
a
school
facility
such
as
a
laboratory,
library,
school
eating
facility,
or
facility
used
for
the
preparation
of
food.
(
2)
Any
gymnasium
or
other
facility
which
is
specially
designed
for
athletic
or
recreational
activities
for
an
academic
course
in
physical
education.
(
3)
Any
other
facility
used
for
the
instruction
or
housing
of
students
or
for
the
administration
of
educational
or
research
programs.
(
4)
Any
maintenance,
storage,
or
utility
facility,
including
any
hallway,
essential
to
the
operation
of
any
facility
described
in
this
definition
of
''
school
building''
under
paragraphs
(
1),
(
2),
or
(
3).
(
5)
Any
portico
or
covered
exterior
hallway
or
walkway.
(
6)
Any
exterior
portion
of
a
mechanical
system
used
to
condition
interior
space.
Significantly
damaged
friable
miscellaneous
ACM
means
damaged
friable
miscellaneous
ACM
where
the
damage
is
extensive
and
severe.
Significantly
damaged
friable
surfacing
ACM
means
damaged
friable
surfacing
ACM
in
a
functional
space
where
the
damage
is
extensive
and
severe.
State
means
a
State,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
Guam,
American
Samoa,
the
Northern
Marianas,
the
Trust
Territory
of
the
Pacific
Islands,
and
the
Virgin
Islands.
Surfacing
ACM
means
surfacing
material
that
is
ACM.
Surfacing
material
means
material
in
a
school
building
that
is
sprayed­
on,
troweled­
on,
or
otherwise
applied
to
surfaces,
such
as
acoustical
plaster
on
ceilings
and
fireproofing
materials
on
structural
members,
or
other
materials
on
surfaces
for
acoustical,
fireproofing,
or
other
purposes.
Thermal
system
insulation
means
material
in
a
school
building
applied
to
pipes,
fittings,
boilers,
breeching,
tanks,
ducts,
or
other
interior
structural
components
to
prevent
heat
loss
or
gain,
or
water
condensation,
or
for
other
purposes.
Thermal
system
insulation
ACM
means
thermal
system
insulation
that
is
ACM.
Vibration
means
the
periodic
motion
of
friable
ACBM
which
may
result
in
the
release
of
asbestos
fibers.

Sec.
763.84
General
local
education
agency
responsibilities.

Each
local
education
agency
shall:
C­
5
(
a)
Ensure
that
the
activities
of
any
persons
who
perform
inspections,
reinspections,
and
periodic
surveillance,
develop
and
update
management
plans,
and
develop
and
implement
response
actions,
including
operations
and
maintenance,
are
carried
out
in
accordance
with
subpart
E
of
this
part.
(
b)
Ensure
that
all
custodial
and
maintenance
employees
are
properly
trained
as
required
by
this
subpart
E
and
other
applicable
Federal
and/
or
State
regulations
(
e.
g.,
the
Occupational
Safety
and
Health
Administration
asbestos
standard
for
construction,
the
EPA
worker
protection
rule,
or
applicable
State
regulations).
(
c)
Ensure
that
workers
and
building
occupants,
or
their
legal
guardians,
are
informed
at
least
once
each
school
year
about
inspections,
response
actions,
and
post­
response
action
activities,
including
periodic
reinspection
and
surveillance
activities
that
are
planned
or
in
progress.
(
d)
Ensure
that
short­
term
workers
(
e.
g.,
telephone
repair
workers,
utility
workers,
or
exterminators)
who
may
come
in
contact
with
asbestos
in
a
school
are
provided
information
regarding
the
locations
of
ACBM
and
suspected
ACBM
assumed
to
be
ACM.
(
e)
Ensure
that
warning
labels
are
posted
in
accordance
with
Sec.
763.95.
(
f)
Ensure
that
management
plans
are
available
for
inspection
and
notification
of
such
availability
has
been
provided
as
specified
in
the
management
plan
under
Sec.
763.93(
g).
(
g)(
1)
Designate
a
person
to
ensure
that
requirements
under
this
section
are
properly
implemented.
(
2)
Ensure
that
the
designated
person
receives
adequate
training
to
perform
duties
assigned
under
this
section.
Such
training
shall
provide,
as
necessary,
basic
knowledge
of:
(
i)
Health
effects
of
asbestos.
(
ii)
Detection,
identification,
and
assessment
of
ACM.
(
iii)
Options
for
controlling
ACBM.
(
iv)
Asbestos
management
programs.
(
v)
Relevant
Federal
and
State
regulations
concerning
asbestos,
including
those
in
this
subpart
E
and
those
of
the
Occupational
Safety
and
Health
Administration,
U.
S.
Department
of
Labor,
the
U.
S.
Department
of
Transportation
and
the
U.
S.
Environmental
Protection
Agency.
(
h)
Consider
whether
any
conflict
of
interest
may
arise
from
the
interrelationship
among
accredited
personnel
and
whether
that
should
influence
the
selection
of
accredited
personnel
to
perform
activities
under
this
subpart.

Sec.
763.85
Inspection
and
reinspections.

(
a)
Inspection.
(
1)
Except
as
provided
in
paragraph
(
a)(
2)
of
this
section,
before
October
12,
1988,
local
education
agencies
shall
inspect
each
school
building
that
they
lease,
own,
or
otherwise
use
as
a
school
building
to
identify
all
locations
of
friable
and
nonfriable
ACBM.
(
2)
Any
building
leased
or
acquired
on
or
after
October
12,
1988,
that
is
to
be
used
as
a
school
building
shall
be
inspected
as
described
under
paragraphs
(
a)
(
3)
and
(
4)
of
this
section
prior
to
use
as
a
school
building.
In
the
event
that
emergency
use
of
an
uninspected
building
as
a
school
building
is
necessitated,
such
buildings
shall
be
inspected
within
30
days
after
commencement
of
such
use.
(
3)
Each
inspection
shall
be
made
by
an
accredited
inspector.
C­
6
(
4)
For
each
area
of
a
school
building,
except
as
excluded
under
Sec.
763.99,
each
person
performing
an
inspection
shall:
(
i)
Visually
inspect
the
area
to
identify
the
locations
of
all
suspected
ACBM.
(
ii)
Touch
all
suspected
ACBM
to
determine
whether
they
are
friable.
(
iii)
Identify
all
homogeneous
areas
of
friable
suspected
ACBM
and
all
homogeneous
areas
of
nonfriable
suspected
ACBM.
(
iv)
Assume
that
some
or
all
of
the
homogeneous
areas
are
ACM,
and,
for
each
homogeneous
area
that
is
not
assumed
to
be
ACM,
collect
and
submit
for
analysis
bulk
samples
under
Secs.
763.86
and
763.87.
(
v)
Assess,
under
Sec.
763.88,
friable
material
in
areas
where
samples
are
collected,
friable
material
in
areas
that
are
assumed
to
be
ACBM,
and
friable
ACBM
identified
during
a
previous
inspection.
(
vi)
Record
the
following
and
submit
to
the
person
designated
under
Sec.
763.84
a
copy
of
such
record
for
inclusion
in
the
management
plan
within
30
days
of
the
inspection:
(
A)
An
inspection
report
with
the
date
of
the
inspection
signed
by
each
accredited
person
making
the
inspection,
State
of
accreditation,
and
if
applicable,
his
or
her
accreditation
number.
(
B)
An
inventory
of
the
locations
of
the
homogeneous
areas
where
samples
are
collected,
exact
location
where
each
bulk
sample
is
collected,
dates
that
samples
are
collected,
homogeneous
areas
where
friable
suspected
ACBM
is
assumed
to
be
ACM,
and
homogeneous
areas
where
nonfriable
suspected
ACBM
is
assumed
to
be
ACM.
(
C)
A
description
of
the
manner
used
to
determine
sampling
locations,
the
name
and
signature
of
each
accredited
inspector
who
collected
the
samples,
State
of
accreditation,
and,
if
applicable,
his
or
her
accreditation
number.
(
D)
A
list
of
whether
the
homogeneous
areas
identified
under
paragraph
(
a)(
4)(
vi)(
B)
of
this
section,
are
surfacing
material,
thermal
system
insulation,
or
miscellaneous
material.
(
E)
Assessments
made
of
friable
material,
the
name
and
signature
of
each
accredited
inspector
making
the
assessment,
State
of
accreditation,
and
if
applicable,
his
or
her
accreditation
number.
(
b)
Reinspection.
(
1)
At
least
once
every
3
years
after
a
management
plan
is
in
effect,
each
local
education
agency
shall
conduct
a
reinspection
of
all
friable
and
nonfriable
known
or
assumed
ACBM
in
each
school
building
that
they
lease,
own,
or
otherwise
use
as
a
school
building.
(
2)
Each
inspection
shall
be
made
by
an
accredited
inspector.
(
3)
For
each
area
of
a
school
building,
each
person
performing
a
reinspection
shall:
(
i)
Visually
reinspect,
and
reassess,
under
Sec.
763.88,
the
condition
of
all
friable
known
or
assumed
ACBM.
(
ii)
Visually
inspect
material
that
was
previously
considered
nonfriable
ACBM
and
touch
the
material
to
determine
whether
it
has
become
friable
since
the
last
inspection
or
reinspection.
(
iii)
Identify
any
homogeneous
areas
with
material
that
has
become
friable
since
the
last
inspection
or
reinspection.
(
iv)
For
each
homogeneous
area
of
newly
friable
material
that
is
already
assumed
to
be
ACBM,
bulk
samples
may
be
collected
and
submitted
for
analysis
in
accordance
with
Secs.
763.86
and
763.87.
(
v)
Assess,
under
Sec.
763.88,
the
condition
of
the
newly
friable
material
in
areas
where
samples
are
collected,
and
newly
friable
materials
in
areas
that
are
assumed
to
be
ACBM.
C­
7
(
vi)
Reassess,
under
Sec.
763.88,
the
condition
of
friable
known
or
assumed
ACBM
previously
identified.
(
vii)
Record
the
following
and
submit
to
the
person
designated
under
Sec.
763.84
a
copy
of
such
record
for
inclusion
in
the
management
plan
within
30
days
of
the
reinspection:
(
A)
The
date
of
the
reinspection,
the
name
and
signature
of
the
person
making
the
reinspection,
State
of
accreditation,
and
if
applicable,
his
or
her
accreditation
number,
and
any
changes
in
the
condition
of
known
or
assumed
ACBM.
(
B)
The
exact
locations
where
samples
are
collected
during
the
reinspection,
a
description
of
the
manner
used
to
determine
sampling
locations,
the
name
and
signature
of
each
accredited
inspector
who
collected
the
samples,
State
of
accreditation,
and,
if
applicable,
his
or
her
accreditation
number.
(
C)
Any
assessments
or
reassessments
made
of
friable
material,
the
name
and
signature
of
the
accredited
inspector
making
the
assessments,
State
of
accreditation,
and
if
applicable,
his
or
her
accreditation
number.
(
c)
General.
Thermal
system
insulation
that
has
retained
its
structural
integrity
and
that
has
an
undamaged
protective
jacket
or
wrap
that
prevents
fiber
release
shall
be
treated
as
nonfriable
and
therefore
is
subject
only
to
periodic
surveillance
and
preventive
measures
as
necessary.

Sec.
763.86
Sampling.

(
a)
Surfacing
material.
An
accredited
inspector
shall
collect,
in
a
statistically
random
manner
that
is
representative
of
the
homogeneous
area,
bulk
samples
from
each
homogeneous
area
of
friable
surfacing
material
that
is
not
assumed
to
be
ACM,
and
shall
collect
the
samples
as
follows:
(
1)
At
least
three
bulk
samples
shall
be
collected
from
each
homogeneous
area
that
is
1,000
ft2
or
less,
except
as
provided
in
Sec.
763.87(
c)(
2).
(
2)
At
least
five
bulk
samples
shall
be
collected
from
each
homogeneous
area
that
is
greater
than
1,000
ft2
but
less
than
or
equal
to
5,000
ft2,
except
as
provided
in
Sec.
763.87(
c)(
2).
(
3)
At
least
seven
bulk
samples
shall
be
collected
from
each
homogeneous
area
that
is
greater
than
5,000
ft2,
except
as
provided
in
Sec.
763.87(
c)(
2).
(
b)
Thermal
system
insulation.
(
1)
Except
as
provided
in
paragraphs
(
b)
(
2)
through
(
4)
of
this
section
and
Sec.
763.87(
c),
an
accredited
inspector
shall
collect,
in
a
randomly
distributed
manner,
at
least
three
bulk
samples
from
each
homogeneous
area
of
thermal
system
insulation
that
is
not
assumed
to
be
ACM.
(
2)
Collect
at
least
one
bulk
sample
from
each
homogeneous
area
of
patched
thermal
system
insulation
that
is
not
assumed
to
be
ACM
if
the
patched
section
is
less
than
6
linear
or
square
feet.
(
3)
In
a
manner
sufficient
to
determine
whether
the
material
is
ACM
or
not
ACM,
collect
bulk
samples
from
each
insulated
mechanical
system
that
is
not
assumed
to
be
ACM
where
cement
or
plaster
is
used
on
fittings
such
as
tees,
elbows,
or
valves,
except
as
provided
under
Sec.
763.87(
c)(
2).
(
4)
Bulk
samples
are
not
required
to
be
collected
from
any
homogeneous
area
where
the
accredited
inspector
has
determined
that
the
thermal
system
insulation
is
fiberglass,
foam
glass,
rubber,
or
other
non­
ACBM.
C­
8
(
c)
Miscellaneous
material.
In
a
manner
sufficient
to
determine
whether
material
is
ACM
or
not
ACM,
an
accredited
inspector
shall
collect
bulk
samples
from
each
homogeneous
area
of
friable
miscellaneous
material
that
is
not
assumed
to
be
ACM.
(
d)
Nonfriable
suspected
ACBM.
If
any
homogeneous
area
of
nonfriable
suspected
ACBM
is
not
assumed
to
be
ACM,
then
an
accredited
inspector
shall
collect,
in
a
manner
sufficient
to
determine
whether
the
material
is
ACM
or
not
ACM,
bulk
samples
from
the
homogeneous
area
of
nonfriable
suspected
ACBM
that
is
not
assumed
to
be
ACM.

Sec.
763.87
Analysis.

(
a)
Local
education
agencies
shall
have
bulk
samples,
collected
under
Sec.
763.86
and
submitted
for
analysis,
analyzed
for
asbestos
using
laboratories
accredited
by
the
National
Bureau
of
Standards
(
NBS).
Local
education
agencies
shall
use
laboratories
which
have
received
interim
accreditation
for
polarized
light
microscopy
(
PLM)
analysis
under
the
EPA
Interim
Asbestos
Bulk
Sample
Analysis
Quality
Assurance
Program
until
the
NBS
PLM
laboratory
accreditation
program
for
PLM
is
operational.
(
b)
Bulk
samples
shall
not
be
composited
for
analysis
and
shall
be
analyzed
for
asbestos
content
by
PLM,
using
the
''
Interim
Method
for
the
Determination
of
Asbestos
in
Bulk
Insulation
Samples''
found
at
appendix
E
to
subpart
E
of
this
part.
(
c)(
1)
A
homogeneous
area
is
considered
not
to
contain
ACM
only
if
the
results
of
all
samples
required
to
be
collected
from
the
area
show
asbestos
in
amounts
of
1
percent
or
less.
(
2)
A
homogeneous
area
shall
be
determined
to
contain
ACM
based
on
a
finding
that
the
results
of
at
least
one
sample
collected
from
that
area
shows
that
asbestos
is
present
in
an
amount
greater
than
1
percent.
(
d)
The
name
and
address
of
each
laboratory
performing
an
analysis,
the
date
of
analysis,
and
the
name
and
signature
of
the
person
performing
the
analysis
shall
be
submitted
to
the
person
designated
under
Sec.
763.84
for
inclusion
into
the
management
plan
within
30
days
of
the
analysis.

[
52
FR
41846,
Oct.
30,
1987,
as
amended
at
60
FR
31922,
June
19,
1995]

Sec.
763.88
Assessment.

(
a)(
1)
For
each
inspection
and
reinspection
conducted
under
Sec.
763.85
(
a)
and
(
c)
and
previous
inspections
specified
under
Sec.
763.99,
the
local
education
agency
shall
have
an
accredited
inspector
provide
a
written
assessment
of
all
friable
known
or
assumed
ACBM
in
the
school
building.
(
2)
Each
accredited
inspector
providing
a
written
assessment
shall
sign
and
date
the
assessment,
provide
his
or
her
State
of
accreditation,
and
if
applicable,
accreditation
number,
and
submit
a
copy
of
the
assessment
to
the
person
designated
under
Sec.
763.84
for
inclusion
in
the
management
plan
within
30
days
of
the
assessment.
(
b)
The
inspector
shall
classify
and
give
reasons
in
the
written
assessment
for
classifying
the
ACBM
and
suspected
ACBM
assumed
to
be
ACM
in
the
school
building
into
one
of
the
following
categories:
C­
9
(
1)
Damaged
or
significantly
damaged
thermal
system
insulation
ACM.
(
2)
Damaged
friable
surfacing
ACM.
(
3)
Significantly
damaged
friable
surfacing
ACM.
(
4)
Damaged
or
significantly
damaged
friable
miscellaneous
ACM.
(
5)
ACBM
with
potential
for
damage.
(
6)
ACBM
with
potential
for
significant
damage.
(
7)
Any
remaining
friable
ACBM
or
friable
suspected
ACBM.
(
c)
Assessment
may
include
the
following
considerations:
(
1)
Location
and
the
amount
of
the
material,
both
in
total
quantity
and
as
a
percentage
of
the
functional
space.
(
2)
Condition
of
the
material,
specifying:
(
i)
Type
of
damage
or
significant
damage
(
e.
g.,
flaking,
blistering,
water
damage,
or
other
signs
of
physical
damage).
(
ii)
Severity
of
damage
(
e.
g.,
major
flaking,
severely
torn
jackets,
as
opposed
to
occasional
flaking,
minor
tears
to
jackets).
(
iii)
Extent
or
spread
of
damage
over
large
areas
or
large
percentages
of
the
homogeneous
area.
(
3)
Whether
the
material
is
accessible.
(
4)
The
material's
potential
for
disturbance.
(
5)
Known
or
suspected
causes
of
damage
or
significant
damage
(
e.
g.,
air
erosion,
vandalism,
vibration,
water).
(
6)
Preventive
measures
which
might
eliminate
the
reasonable
likelihood
of
undamaged
ACM
from
becoming
significantly
damaged.
(
d)
The
local
education
agency
shall
select
a
person
accredited
to
develop
management
plans
to
review
the
results
of
each
inspection,
reinspection,
and
assessment
for
the
school
building
and
to
conduct
any
other
necessary
activities
in
order
to
recommend
in
writing
to
the
local
education
agency
appropriate
response
actions.
The
accredited
person
shall
sign
and
date
the
recommendation,
provide
his
or
her
State
of
accreditation,
and,
if
applicable,
provide
his
or
her
accreditation
number,
and
submit
a
copy
of
the
recommendation
to
the
person
designated
under
Sec.
763.84
for
inclusion
in
the
management
plan.

Sec.
763.90
Response
actions.

(
a)
The
local
education
agency
shall
select
and
implement
in
a
timely
manner
the
appropriate
response
actions
in
this
section
consistent
with
the
assessment
conducted
in
Sec.
763.88.
The
response
actions
selected
shall
be
sufficient
to
protect
human
health
and
the
environment.
The
local
education
agency
may
then
select,
from
the
response
actions
which
protect
human
health
and
the
environment,
that
action
which
is
the
least
burdensome
method.
Nothing
in
this
section
shall
be
construed
to
prohibit
removal
of
ACBM
from
a
school
building
at
any
time,
should
removal
be
the
preferred
response
action
of
the
local
education
agency.
(
b)
If
damaged
or
significantly
damaged
thermal
system
insulation
ACM
is
present
in
a
building,
the
local
education
agency
shall:
(
1)
At
least
repair
the
damaged
area.
C­
10
(
2)
Remove
the
damaged
material
if
it
is
not
feasible,
due
to
technological
factors,
to
repair
the
damage.
(
3)
Maintain
all
thermal
system
insulation
ACM
and
its
covering
in
an
intact
state
and
undamaged
condition.
(
c)(
1)
If
damaged
friable
surfacing
ACM
or
damaged
friable
miscellaneous
ACM
is
present
in
a
building,
the
local
education
agency
shall
select
from
among
the
following
response
actions:
encapsulation,
enclosure,
removal,
or
repair
of
the
damaged
material.
(
2)
In
selecting
the
response
action
from
among
those
which
meet
the
definitional
standards
in
Sec.
763.83,
the
local
education
agency
shall
determine
which
of
these
response
actions
protects
human
health
and
the
environment.
For
purposes
of
determining
which
of
these
response
actions
are
the
least
burdensome,
the
local
education
agency
may
then
consider
local
circumstances,
including
occupancy
and
use
patterns
within
the
school
building,
and
its
economic
concerns,
including
short­
and
long­
term
costs.
(
d)
If
significantly
damaged
friable
surfacing
ACM
or
significantly
damaged
friable
miscellaneous
ACM
is
present
in
a
building
the
local
education
agency
shall:
(
1)
Immediately
isolate
the
functional
space
and
restrict
access,
unless
isolation
is
not
necessary
to
protect
human
health
and
the
environment.
(
2)
Remove
the
material
in
the
functional
space
or,
depending
upon
whether
enclosure
or
encapsulation
would
be
sufficient
to
protect
human
health
and
the
environment,
enclose
or
encapsulate.
(
e)
If
any
friable
surfacing
ACM,
thermal
system
insulation
ACM,
or
friable
miscellaneous
ACM
that
has
potential
for
damage
is
present
in
a
building,
the
local
education
agency
shall
at
least
implement
an
operations
and
maintenance
(
O&
M)
program,
as
described
under
Sec.
763.91.
(
f)
If
any
friable
surfacing
ACM,
thermal
system
insulation
ACM,
or
friable
miscellaneous
ACM
that
has
potential
for
significant
damage
is
present
in
a
building,
the
local
education
agency
shall:
(
1)
Implement
an
O&
M
program,
as
described
under
Sec.
763.91.
(
2)
Institute
preventive
measures
appropriate
to
eliminate
the
reasonable
likelihood
that
the
ACM
or
its
covering
will
become
significantly
damaged,
deteriorated,
or
delaminated.
(
3)
Remove
the
material
as
soon
as
possible
if
appropriate
preventive
measures
cannot
be
effectively
implemented,
or
unless
other
response
actions
are
determined
to
protect
human
health
and
the
environment.
Immediately
isolate
the
area
and
restrict
access
if
necessary
to
avoid
an
imminent
and
substantial
endangerment
to
human
health
or
the
environment.
(
g)
Response
actions
including
removal,
encapsulation,
enclosure,
or
repair,
other
than
small­
scale,
short­
duration
repairs,
shall
be
designed
and
conducted
by
persons
accredited
to
design
and
conduct
response
actions.
(
h)
The
requirements
of
this
subpart
E
in
no
way
supersede
the
worker
protection
and
work
practice
requirements
under
29
CFR
1926.58
(
Occupational
Safety
and
Health
Administration
(
OSHA)
asbestos
worker
protection
standards
for
construction),
40
CFR
part
763,
subpart
G
(
EPA
asbestos
worker
protection
standards
for
public
employees),
and
40
CFR
part
61,
subpart
M
(
National
Emission
Standards
for
Hazardous
Air
Pollutants­­
Asbestos).
(
i)
Completion
of
response
actions.
(
1)
At
the
conclusion
of
any
action
to
remove,
encapsulate,
or
enclose
ACBM
or
material
assumed
to
be
ACBM,
a
person
designated
by
the
local
education
C­
11
agency
shall
visually
inspect
each
functional
space
where
such
action
was
conducted
to
determine
whether
the
action
has
been
properly
completed.
(
2)(
i)
A
person
designated
by
the
local
education
agency
shall
collect
air
samples
using
aggressive
sampling
as
described
in
appendix
A
to
this
subpart
E
to
monitor
air
for
clearance
after
each
removal,
encapsulation,
and
enclosure
project
involving
ACBM,
except
for
projects
that
are
of
small­
scale,
short­
duration.
(
ii)
Local
education
agencies
shall
have
air
samples
collected
under
this
section
analyzed
for
asbestos
using
laboratories
accredited
by
the
National
Bureau
of
Standards
to
conduct
such
analysis
using
transmission
electron
microscopy
(
TEM)
or,
under
circumstances
permitted
in
this
section,
laboratories
enrolled
in
the
American
Industrial
Hygiene
Association
Proficiency
Analytical
Testing
Program
for
phase
contrast
microscopy
(
PCM).
(
iii)
Until
the
National
Bureau
of
Standards
TEM
laboratory
accreditation
program
is
operational,
local
educational
agencies
shall
use
laboratories
that
use
the
protocol
described
in
appendix
A
to
subpart
E
of
this
part.
(
3)
Except
as
provided
in
paragraphs
(
i)(
4),
and
(
i)(
5),
of
this
section,
an
action
to
remove,
encapsulate,
or
enclose
ACBM
shall
be
considered
complete
when
the
average
concentration
of
asbestos
of
five
air
samples
collected
within
the
affected
functional
space
and
analyzed
by
the
TEM
method
in
appendix
A
of
this
subpart
E,
is
not
statistically
significantly
different,
as
determined
by
the
Z­
test
calculation
found
in
appendix
A
of
this
subpart
E,
from
the
average
asbestos
concentration
of
five
air
samples
collected
at
the
same
time
outside
the
affected
functional
space
and
analyzed
in
the
same
manner,
and
the
average
asbestos
concentration
of
the
three
field
blanks
described
in
appendix
A
of
this
subpart
E
is
below
the
filter
background
level,
as
defined
in
appendix
A
of
this
subpart
E,
of
70
structures
per
square
millimeter
(
70
s/
mm2).
(
4)
An
action
may
also
be
considered
complete
if
the
volume
of
air
drawn
for
each
of
the
five
samples
collected
within
the
affected
functional
space
is
equal
to
or
greater
than
1,199
L
of
air
for
a
25
mm
filter
or
equal
to
or
greater
than
2,799
L
of
air
for
a
37
mm
filter,
and
the
average
concentration
of
asbestos
as
analyzed
by
the
TEM
method
in
appendix
A
of
this
subpart
E,
for
the
five
air
samples
does
not
exceed
the
filter
background
level,
as
defined
in
appendix
A,
of
70
structures
per
square
millimeter
(
70
s/
mm2).
If
the
average
concentration
of
asbestos
of
the
five
air
samples
within
the
affected
functional
space
exceeds
70
s/
mm2,
or
if
the
volume
of
air
in
each
of
the
samples
is
less
than
1,199
L
of
air
for
a
25
mm
filter
or
less
than
2,799
L
of
air
for
a
37
mm
filter,
the
action
shall
be
considered
complete
only
when
the
requirements
of
paragraph
(
i)(
3)
or
(
i)(
5),
of
this
section
are
met.
(
5)
At
any
time,
a
local
education
agency
may
analyze
air
monitoring
samples
collected
for
clearance
purposes
by
phase
contrast
microscopy
(
PCM)
to
confirm
completion
of
removal,
encapsulation,
or
enclosure
of
ACBM
that
is
greater
than
small­
scale,
short­
duration
and
less
than
or
equal
to
160
square
feet
or
260
linear
feet.
The
action
shall
be
considered
complete
when
the
results
of
samples
collected
in
the
affected
functional
space
and
analyzed
by
phase
contrast
microscopy
using
the
National
Institute
for
Occupational
Safety
and
Health
(
NIOSH)
Method
7400
entitled
''
Fibers''
published
in
the
NIOSH
Manual
of
Analytical
Methods,
3rd
Edition,
Second
Supplement,
August
1987,
show
that
the
concentration
of
fibers
for
each
of
the
five
samples
is
less
than
or
equal
to
a
limit
of
quantitation
for
PCM
(
0.01
fibers
per
cubic
centimeter
(
0.01
f/
cm3)
of
air).
The
method
is
available
for
public
inspection
at
the
Office
of
the
Federal
Register,
800
North
Capitol
Street,
NW,
Suite
700,
Washington,
DC,
20408,
and
the
C­
12
Non­
Confidential
Information
Center
(
NCIC)
(
7407),
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
Room
B­
607
NEM,
401
M
Street,
SW.,
Washington,
DC,
20460,
between
the
hours
of
12
p.
m.
and
4
p.
m.
weekdays
excluding
legal
holidays.
This
incorporation
by
reference
was
approved
by
the
Director
of
the
Federal
Register
in
accordance
with
5
U.
S.
C.
552(
a)
and
1
CFR
part
51.
The
method
is
incorporated
as
it
exists
on
the
effective
date
of
this
rule,
and
a
notice
of
any
change
to
the
method
will
be
published
in
the
Federal
Register.
(
6)
To
determine
the
amount
of
ACBM
affected
under
paragraph
(
i)(
5)
of
this
section,
the
local
education
agency
shall
add
the
total
square
or
linear
footage
of
ACBM
within
the
containment
barriers
used
to
isolate
the
functional
space
for
the
action
to
remove,
encapsulate,
or
enclose
the
ACBM.
Contiguous
portions
of
material
subject
to
such
action
conducted
concurrently
or
at
approximately
the
same
time
within
the
same
school
building
shall
not
be
separated
to
qualify
under
paragraph
(
i)(
5),
of
this
section.

[
52
FR
41846,
Oct.
30,
1987,
as
amended
at
53
FR
12525,
Apr.
15,
1988;
60
FR
31922,
June
19,
1995;
60
FR
34465,
July
3,
1995]

Sec.
763.91
Operations
and
maintenance.

(
a)
Applicability.
The
local
education
agency
shall
implement
an
operations,
maintenance,
and
repair
(
O&
M)
program
under
this
section
whenever
any
friable
ACBM
is
present
or
assumed
to
be
present
in
a
building
that
it
leases,
owns,
or
otherwise
uses
as
a
school
building.
Any
material
identified
as
nonfriable
ACBM
or
nonfriable
assumed
ACBM
must
be
treated
as
friable
ACBM
for
purposes
of
this
section
when
the
material
is
about
to
become
friable
as
a
result
of
activities
performed
in
the
school
building.
(
b)
Worker
protection.
The
protection
provided
by
EPA
at
40
CFR
763.121
for
worker
protection
during
asbestos
abatement
projects
is
extended
to
employees
of
local
education
agencies
who
perform
operations,
maintenance,
and
repair
(
O&
M)
activities
involving
ACM
and
who
are
not
covered
by
the
OSHA
asbestos
construction
standard
at
29
CFR
1926.58
or
an
asbestos
worker
approved
by
OSHA
under
section
19
of
the
Occupational
Safety
and
Health
Act.
Local
education
agencies
may
consult
appendix
B
of
this
subpart
if
their
employees
are
performing
operations,
maintenance,
and
repair
activities
that
are
of
small­
scale,
short­
duration.
(
c)
Cleaning­­(
1)
Initial
cleaning.
Unless
the
building
has
been
cleaned
using
equivalent
methods
within
the
previous
6
months,
all
areas
of
a
school
building
where
friable
ACBM,
damaged
or
significantly
damaged
thermal
system
insulation
ACM,
or
friable
suspected
ACBM
assumed
to
be
ACM
are
present
shall
be
cleaned
at
least
once
after
the
completion
of
the
inspection
required
by
Sec.
763.85(
a)
and
before
the
initiation
of
any
response
action,
other
than
O&
M
activities
or
repair,
according
to
the
following
procedures:
(
i)
HEPA­
vacuum
or
steam­
clean
all
carpets.
(
ii)
HEPA­
vacuum
or
wet­
clean
all
other
floors
and
all
other
horizontal
surfaces.
(
iii)
Dispose
of
all
debris,
filters,
mopheads,
and
cloths
in
sealed,
leak­
tight
containers.
(
2)
Additional
cleaning.
The
accredited
management
planner
shall
make
a
written
recommendation
to
the
local
education
agency
whether
additional
cleaning
is
needed,
and
if
so,
the
methods
and
frequency
of
such
cleaning.
C­
13
(
d)
Operations
and
maintenance
activities.
The
local
education
agency
shall
ensure
that
the
procedures
described
below
to
protect
building
occupants
shall
be
followed
for
any
operations
and
maintenance
activities
disturbing
friable
ACBM:
(
1)
Restrict
entry
into
the
area
by
persons
other
than
those
necessary
to
perform
the
maintenance
project,
either
by
physically
isolating
the
area
or
by
scheduling.
(
2)
Post
signs
to
prevent
entry
by
unauthorized
persons.
(
3)
Shut
off
or
temporarily
modify
the
air­
handling
system
and
restrict
other
sources
of
air
movement.
(
4)
Use
work
practices
or
other
controls,
such
as,
wet
methods,
protective
clothing,
HEPA­
vacuums,
mini­
enclosures,
glove
bags,
as
necessary
to
inhibit
the
spread
of
any
released
fibers.
(
5)
Clean
all
fixtures
or
other
components
in
the
immediate
work
area.
(
6)
Place
the
asbestos
debris
and
other
cleaning
materials
in
a
sealed,
leak­
tight
container.
(
e)
Maintenance
activities
other
than
small­
scale,
short­
duration.
The
response
action
for
any
maintenance
activities
disturbing
friable
ACBM,
other
than
small­
scale,
short­
duration
maintenance
activities,
shall
be
designed
by
persons
accredited
to
design
response
actions
and
conducted
by
persons
accredited
to
conduct
response
actions.
(
f)
Fiber
release
episodes­­(
1)
Minor
fiber
release
episode.
The
local
education
agency
shall
ensure
that
the
procedures
described
below
are
followed
in
the
event
of
a
minor
fiber
release
episode
(
i.
e.,
the
falling
or
dislodging
of
3
square
or
linear
feet
or
less
of
friable
ACBM):
5
(
i)
Thoroughly
saturate
the
debris
using
wet
methods.
(
ii)
Clean
the
area,
as
described
in
paragraph
(
e)
of
this
section.
(
iii)
Place
the
asbestos
debris
in
a
sealed,
leak­
tight
container.
(
iv)
Repair
the
area
of
damaged
ACM
with
materials
such
as
asbestos­
free
spackling,
plaster,
cement,
or
insulation,
or
seal
with
latex
paint
or
an
encapsulant,
or
immediately
have
the
appropriate
response
action
implemented
as
required
by
Sec.
763.90.
(
2)
Major
fiber
release
episode.
The
local
education
agency
shall
ensure
that
the
procedures
described
below
are
followed
in
the
event
of
a
major
fiber
release
episode
(
i.
e.,
the
falling
or
dislodging
of
more
than
3
square
or
linear
feet
of
friable
ACBM):
(
i)
Restrict
entry
into
the
area
and
post
signs
to
prevent
entry
into
the
area
by
persons
other
than
those
necessary
to
perform
the
response
action.
(
ii)
Shut
off
or
temporarily
modify
the
air­
handling
system
to
prevent
the
distribution
of
fibers
to
other
areas
in
the
building.
(
iii)
The
response
action
for
any
major
fiber
release
episode
must
be
designed
by
persons
accredited
to
design
response
actions
and
conducted
by
persons
accredited
to
conduct
response
actions.

Sec.
763.92
Training
and
periodic
surveillance.

(
a)
Training.
(
1)
The
local
education
agency
shall
ensure,
prior
to
the
implementation
of
the
O&
M
provisions
of
the
management
plan,
that
all
members
of
its
maintenance
and
custodial
staff
(
custodians,
electricians,
heating/
air
conditioning
engineers,
plumbers,
etc.)
who
may
work
in
a
building
that
contains
ACBM
receive
awareness
training
of
at
least
2
hours,
whether
or
not
they
are
required
to
work
with
ACBM.
New
custodial
and
maintenance
employees
shall
be
trained
C­
14
within
60
days
after
commencement
of
employment.
Training
shall
include,
but
not
be
limited
to:
(
i)
Information
regarding
asbestos
and
its
various
uses
and
forms.
(
ii)
Information
on
the
health
effects
associated
with
asbestos
exposure.
(
iii)
Locations
of
ACBM
identified
throughout
each
school
building
in
which
they
work.
(
iv)
Recognition
of
damage,
deterioration,
and
delamination
of
ACBM.
(
v)
Name
and
telephone
number
of
the
person
designated
to
carry
out
general
local
education
agency
responsibilities
under
Sec.
763.84
and
the
availability
and
location
of
the
management
plan.
(
2)
The
local
education
agency
shall
ensure
that
all
members
of
its
maintenance
and
custodial
staff
who
conduct
any
activities
that
will
result
in
the
disturbance
of
ACBM
shall
receive
training
described
in
paragraph
(
a)(
1)
of
this
section
and
14
hours
of
additional
training.
Additional
training
shall
include,
but
not
be
limited
to:
(
i)
Descriptions
of
the
proper
methods
of
handling
ACBM.
(
ii)
Information
on
the
use
of
respiratory
protection
as
contained
in
the
EPA/
NIOSH
Guide
to
Respiratory
Protection
for
the
Asbestos
Abatement
Industry,
September
1986
(
EPA
560/
OPPTS­
86­
001),
available
from
the
Director,
Environmental
Assistance
Division
(
7408),
Office
of
Pollution
Prevention
and
Toxics,
U.
S.
Environmental
Protection
Agency,
Room
E­
543B,
401
M
St.,
SW.,
Washington,
DC,
20460,
Telephone:
(
202)
554­
1404,
TDD:
(
202)
544­
0551
and
other
personal
protection
measures.
(
iii)
The
provisions
of
this
section
and
Sec.
763.91,
Appendices
A,
B,
C,
D
of
this
subpart
E
of
this
part,
EPA
regulations
contained
in
40
CFR
part
763,
subpart
G,
and
in
40
CFR
part
61,
subpart
M,
and
OSHA
regulations
contained
in
29
CFR
1926.58.
(
iv)
Hands­
on
training
in
the
use
of
respiratory
protection,
other
personal
protection
measures,
and
good
work
practices.
(
3)
Local
education
agency
maintenance
and
custodial
staff
who
have
attended
EPA­
approved
asbestos
training
or
received
equivalent
training
for
O&
M
and
periodic
surveillance
activities
involving
asbestos
shall
be
considered
trained
for
the
purposes
of
this
section.
(
b)
Periodic
surveillance.
(
1)
At
least
once
every
6
months
after
a
management
plan
is
in
effect,
each
local
education
agency
shall
conduct
periodic
surveillance
in
each
building
that
it
leases,
owns,
or
otherwise
uses
as
a
school
building
that
contains
ACBM
or
is
assumed
to
contain
ACBM.
(
2)
Each
person
performing
periodic
surveillance
shall:
(
i)
Visually
inspect
all
areas
that
are
identified
in
the
management
plan
as
ACBM
or
assumed
ACBM.
(
ii)
Record
the
date
of
the
surveillance,
his
or
her
name,
and
any
changes
in
the
condition
of
the
materials.
(
iii)
Submit
to
the
person
designated
to
carry
out
general
local
education
agency
responsibilities
under
Sec.
763.84
a
copy
of
such
record
for
inclusion
in
the
management
plan.

[
52
FR
41846,
Oct.
30,
1987,
as
amended
at
60
FR
34465,
July
3,
1995]
C­
15
Sec.
763.93
Management
plans.

(
a)(
1)
On
or
before
October
12,
1988,
each
local
education
agency
shall
develop
an
asbestos
management
plan
for
each
school,
including
all
buildings
that
they
lease,
own,
or
otherwise
use
as
school
buildings,
and
submit
the
plan
to
an
Agency
designated
by
the
Governor
of
the
State
in
which
the
local
education
agency
is
located.
The
plan
may
be
submitted
in
stages
that
cover
a
portion
of
the
school
buildings
under
the
authority
of
the
local
education
agency.
(
2)
If
a
building
to
be
used
as
part
of
a
school
is
leased
or
otherwise
acquired
after
October
12,
1988,
the
local
education
agency
shall
include
the
new
building
in
the
management
plan
for
the
school
prior
to
its
use
as
a
school
building.
The
revised
portions
of
the
management
plan
shall
be
submitted
to
the
Agency
designated
by
the
Governor.
(
3)
If
a
local
education
agency
begins
to
use
a
building
as
a
school
after
October
12,
1988,
the
local
education
agency
shall
submit
a
management
plan
for
the
school
to
the
Agency
designated
by
the
Governor
prior
to
its
use
as
a
school.
(
b)
On
or
before
October
17,
1987,
the
Governor
of
each
State
shall
notify
local
education
agencies
in
the
State
regarding
where
to
submit
their
management
plans.
States
may
establish
administrative
procedures
for
reviewing
management
plans.
If
the
Governor
does
not
disapprove
a
management
plan
within
90
days
after
receipt
of
the
plan,
the
local
education
agency
shall
implement
the
plan.
(
c)
Each
local
education
agency
must
begin
implementation
of
its
management
plan
on
or
before
July
9,
1989,
and
complete
implementation
in
a
timely
fashion.
(
d)
Each
local
education
agency
shall
maintain
and
update
its
management
plan
to
keep
it
current
with
ongoing
operations
and
maintenance,
periodic
surveillance,
inspection,
reinspection,
and
response
action
activities.
All
provisions
required
to
be
included
in
the
management
plan
under
this
section
shall
be
retained
as
part
of
the
management
plan,
as
well
as
any
information
that
has
been
revised
to
bring
the
plan
up­
to­
date.
(
e)
The
management
plan
shall
be
developed
by
an
accredited
management
planner
and
shall
include:
(
1)
A
list
of
the
name
and
address
of
each
school
building
and
whether
the
school
building
contains
friable
ACBM,
nonfriable
ACBM,
and
friable
and
nonfriable
suspected
ACBM
assumed
to
be
ACM.
(
2)
For
each
inspection
conducted
before
the
December
14,
1987:
(
i)
The
date
of
the
inspection.
(
ii)
A
blueprint,
diagram,
or
written
description
of
each
school
building
that
identifies
clearly
each
location
and
approximate
square
or
linear
footage
of
any
homogeneous
or
sampling
area
where
material
was
sampled
for
ACM,
and,
if
possible,
the
exact
locations
where
bulk
samples
were
collected,
and
the
dates
of
collection.
(
iii)
A
copy
of
the
analyses
of
any
bulk
samples,
dates
of
analyses,
and
a
copy
of
any
other
laboratory
reports
pertaining
to
the
analyses.
(
iv)
A
description
of
any
response
actions
or
preventive
measures
taken
to
reduce
asbestos
exposure,
including
if
possible,
the
names
and
addresses
of
all
contractors
involved,
start
and
completion
dates
of
the
work,
and
results
of
any
air
samples
analyzed
during
and
upon
completion
of
the
work.
C­
16
(
v)
A
description
of
assessments,
required
to
be
made
under
Sec.
763.88,
of
material
that
was
identified
before
December
14,
1987,
as
friable
ACBM
or
friable
suspected
ACBM
assumed
to
be
ACM,
and
the
name
and
signature,
State
of
accreditation,
and
if
applicable,
accreditation
number
of
each
accredited
person
making
the
assessments.
(
3)
For
each
inspection
and
reinspection
conducted
under
Sec.
763.85:
(
i)
The
date
of
the
inspection
or
reinspection
and
the
name
and
signature,
State
of
accreditation
and,
if
applicable,
the
accreditation
number
of
each
accredited
inspector
performing
the
inspection
or
reinspection.
(
ii)
A
blueprint,
diagram,
or
written
description
of
each
school
building
that
identifies
clearly
each
location
and
approximate
square
or
linear
footage
of
homogeneous
areas
where
material
was
sampled
for
ACM,
the
exact
location
where
each
bulk
sample
was
collected,
date
of
collection,
homogeneous
areas
where
friable
suspected
ACBM
is
assumed
to
be
ACM,
and
where
nonfriable
suspected
ACBM
is
assumed
to
be
ACM.
(
iii)
A
description
of
the
manner
used
to
determine
sampling
locations,
and
the
name
and
signature
of
each
accredited
inspector
collecting
samples,
the
State
of
accreditation,
and
if
applicable,
his
or
her
accreditation
number.
(
iv)
A
copy
of
the
analyses
of
any
bulk
samples
collected
and
analyzed,
the
name
and
address
of
any
laboratory
that
analyzed
bulk
samples,
a
statement
that
the
laboratory
meets
the
applicable
requirements
of
Sec.
763.87(
a)
the
date
of
analysis,
and
the
name
and
signature
of
the
person
performing
the
analysis.
(
v)
A
description
of
assessments,
required
to
be
made
under
Sec.
763.88,
of
all
ACBM
and
suspected
ACBM
assumed
to
be
ACM,
and
the
name,
signature,
State
of
accreditation,
and
if
applicable,
accreditation
number
of
each
accredited
person
making
the
assessments.
(
4)
The
name,
address,
and
telephone
number
of
the
person
designated
under
Sec.
763.84
to
ensure
that
the
duties
of
the
local
education
agency
are
carried
out,
and
the
course
name,
and
dates
and
hours
of
training
taken
by
that
person
to
carry
out
the
duties.
(
5)
The
recommendations
made
to
the
local
education
agency
regarding
response
actions,
under
Sec.
763.88(
d),
the
name,
signature,
State
of
accreditation
of
each
person
making
the
recommendations,
and
if
applicable,
his
or
her
accreditation
number.
(
6)
A
detailed
description
of
preventive
measures
and
response
actions
to
be
taken,
including
methods
to
be
used,
for
any
friable
ACBM,
the
locations
where
such
measures
and
action
will
be
taken,
reasons
for
selecting
the
response
action
or
preventive
measure,
and
a
schedule
for
beginning
and
completing
each
preventive
measure
and
response
action.
(
7)
With
respect
to
the
person
or
persons
who
inspected
for
ACBM
and
who
will
design
or
carry
out
response
actions,
except
for
operations
and
maintenance,
with
respect
to
the
ACBM,
one
of
the
following
statements:
(
i)
If
the
State
has
adopted
a
contractor
accreditation
program
under
section
206(
b)
of
Title
II
of
the
Act,
a
statement
that
the
person(
s)
is
accredited
under
such
plan.
(
ii)
A
statement
that
the
local
education
agency
used
(
or
will
use)
persons
who
have
been
accredited
by
another
State
which
has
adopted
a
contractor
accreditation
plan
under
section
206(
b)
of
Title
II
of
the
Act
or
is
accredited
by
an
EPA­
approved
course
under
section
206(
c)
of
Title
II
of
the
Act.
C­
17
(
8)
A
detailed
description
in
the
form
of
a
blueprint,
diagram,
or
in
writing
of
any
ACBM
or
suspected
ACBM
assumed
to
be
ACM
which
remains
in
the
school
once
response
actions
are
undertaken
pursuant
to
Sec.
763.90.
This
description
shall
be
updated
as
response
actions
are
completed.
(
9)
A
plan
for
reinspection
under
Sec.
763.85,
a
plan
for
operations
and
maintenance
activities
under
Sec.
763.91,
and
a
plan
for
periodic
surveillance
under
Sec.
763.92,
a
description
of
the
recommendation
made
by
the
management
planner
regarding
additional
cleaning
under
Sec.
763.91(
c)(
2)
as
part
of
an
operations
and
maintenance
program,
and
the
response
of
the
local
education
agency
to
that
recommendation.
(
10)
A
description
of
steps
taken
to
inform
workers
and
building
occupants,
or
their
legal
guardians,
about
inspections,
reinspections,
response
actions,
and
post­
response
action
activities,
including
periodic
reinspection
and
surveillance
activities
that
are
planned
or
in
progress.
(
11)
An
evaluation
of
the
resources
needed
to
complete
response
actions
successfully
and
carry
out
reinspection,
operations
and
maintenance
activities,
periodic
surveillance
and
training.
(
12)
With
respect
to
each
consultant
who
contributed
to
the
management
plan,
the
name
of
the
consultant
and
one
of
the
following
statements:
(
i)
If
the
State
has
adopted
a
contractor
accreditation
plan
under
section
206(
b)
of
Title
II
of
the
Act,
a
statement
that
the
consultant
is
accredited
under
such
plan.
(
ii)
A
statement
that
the
contractor
is
accredited
by
another
State
which
has
adopted
a
contractor
accreditation
plan
under
section
206(
b)
of
Title
II
of
the
Act,
or
is
accredited
by
an
EPA­
approved
course
developed
under
section
206(
c)
of
Title
II
of
the
Act.
(
f)
A
local
education
agency
may
require
each
management
plan
to
contain
a
statement
signed
by
an
accredited
management
plan
developer
that
such
person
has
prepared
or
assisted
in
the
preparation
of
such
plan
or
has
reviewed
such
plan,
and
that
such
plan
is
in
compliance
with
this
subpart
E.
Such
statement
may
not
be
signed
by
a
person
who,
in
addition
to
preparing
or
assisting
in
preparing
the
management
plan,
also
implements
(
or
will
implement)
the
management
plan.
(
g)(
1)
Upon
submission
of
a
management
plan
to
the
Governor
for
review,
a
local
education
agency
shall
keep
a
copy
of
the
plan
in
its
administrative
office.
The
management
plans
shall
be
available,
without
cost
or
restriction,
for
inspection
by
representatives
of
EPA
and
the
State,
the
public,
including
teachers,
other
school
personnel
and
their
representatives,
and
parents.
The
local
education
agency
may
charge
a
reasonable
cost
to
make
copies
of
management
plans.
(
2)
Each
local
education
agency
shall
maintain
in
its
administrative
office
a
complete,
updated
copy
of
a
management
plan
for
each
school
under
its
administrative
control
or
direction.
The
management
plans
shall
be
available,
during
normal
business
hours,
without
cost
or
restriction,
for
inspection
by
representatives
of
EPA
and
the
State,
the
public,
including
teachers,
other
school
personnel
and
their
representatives,
and
parents.
The
local
education
agency
may
charge
a
reasonable
cost
to
make
copies
of
management
plans.
(
3)
Each
school
shall
maintain
in
its
administrative
office
a
complete,
updated
copy
of
the
management
plan
for
that
school.
Management
plans
shall
be
available
for
inspection,
without
cost
or
restriction,
to
workers
before
work
begins
in
any
area
of
a
school
building.
The
school
shall
make
management
plans
available
for
inspection
to
representatives
of
EPA
and
the
State,
the
public,
including
parents,
teachers,
and
other
school
personnel
and
their
representatives
within
5
C­
18
working
days
after
receiving
a
request
for
inspection.
The
school
may
charge
a
reasonable
cost
to
make
copies
of
the
management
plan.
(
4)
Upon
submission
of
its
management
plan
to
the
Governor
and
at
least
once
each
school
year,
the
local
education
agency
shall
notify
in
writing
parent,
teacher,
and
employee
organizations
of
the
availability
of
management
plans
and
shall
include
in
the
management
plan
a
description
of
the
steps
taken
to
notify
such
organizations,
and
a
dated
copy
of
the
notification.
In
the
absence
of
any
such
organizations
for
parents,
teachers,
or
employees,
the
local
education
agency
shall
provide
written
notice
to
that
relevant
group
of
the
availability
of
management
plans
and
shall
include
in
the
management
plan
a
description
of
the
steps
taken
to
notify
such
groups,
and
a
dated
copy
of
the
notification.
(
h)
Records
required
under
Sec.
763.94
shall
be
made
by
local
education
agencies
and
maintained
as
part
of
the
management
plan.
(
i)
Each
management
plan
must
contain
a
true
and
correct
statement,
signed
by
the
individual
designated
by
the
local
education
agency
under
Sec.
763.84,
which
certifies
that
the
general,
local
education
agency
responsibilities,
as
stipulated
by
Sec.
763.84,
have
been
met
or
will
be
met.

Sec.
763.94
Recordkeeping.

(
a)
Records
required
under
this
section
shall
be
maintained
in
a
centralized
location
in
the
administrative
office
of
both
the
school
and
the
local
education
agency
as
part
of
the
management
plan.
For
each
homogeneous
area
where
all
ACBM
has
been
removed,
the
local
education
agency
shall
ensure
that
such
records
are
retained
for
3
years
after
the
next
reinspection
required
under
Sec.
763.85(
b)(
1),
or
for
an
equivalent
period.
(
b)
For
each
preventive
measure
and
response
action
taken
for
friable
and
nonfriable
ACBM
and
friable
and
nonfriable
suspected
ACBM
assumed
to
be
ACM,
the
local
education
agency
shall
provide:
(
1)
A
detailed
written
description
of
the
measure
or
action,
including
methods
used,
the
location
where
the
measure
or
action
was
taken,
reasons
for
selecting
the
measure
or
action,
start
and
completion
dates
of
the
work,
names
and
addresses
of
all
contractors
involved,
and
if
applicable,
their
State
of
accreditation,
and
accreditation
numbers,
and
if
ACBM
is
removed,
the
name
and
location
of
storage
or
disposal
site
of
the
ACM.
(
2)
The
name
and
signature
of
any
person
collecting
any
air
sample
required
to
be
collected
at
the
completion
of
certain
response
actions
specified
by
Sec.
763.90(
i),
the
locations
where
samples
were
collected,
date
of
collection,
the
name
and
address
of
the
laboratory
analyzing
the
samples,
the
date
of
analysis,
the
results
of
the
analysis,
the
method
of
analysis,
the
name
and
signature
of
the
person
performing
the
analysis,
and
a
statement
that
the
laboratory
meets
the
applicable
requirements
of
Sec.
763.90(
i)(
2)(
ii).
(
c)
For
each
person
required
to
be
trained
under
Sec.
763.92(
a)
(
1)
and
(
2),
the
local
education
agency
shall
provide
the
person's
name
and
job
title,
the
date
that
training
was
completed
by
that
person,
the
location
of
the
training,
and
the
number
of
hours
completed
in
such
training.
(
d)
For
each
time
that
periodic
surveillance
under
Sec.
763.92(
b)
is
performed,
the
local
education
agency
shall
record
the
name
of
each
person
performing
the
surveillance,
the
date
of
the
surveillance,
and
any
changes
in
the
conditions
of
the
materials.
C­
19
(
e)
For
each
time
that
cleaning
under
Sec.
763.91(
c)
is
performed,
the
local
education
agency
shall
record
the
name
of
each
person
performing
the
cleaning,
the
date
of
such
cleaning,
the
locations
cleaned,
and
the
methods
used
to
perform
such
cleaning.
(
f)
For
each
time
that
operations
and
maintenance
activities
under
Sec.
763.91(
d)
are
performed,
the
local
education
agency
shall
record
the
name
of
each
person
performing
the
activity,
the
start
and
completion
dates
of
the
activity,
the
locations
where
such
activity
occurred,
a
description
of
the
activity
including
preventive
measures
used,
and
if
ACBM
is
removed,
the
name
and
location
of
storage
or
disposal
site
of
the
ACM.
(
g)
For
each
time
that
major
asbestos
activity
under
Sec.
763.91(
e)
is
performed,
the
local
education
agency
shall
provide
the
name
and
signature,
State
of
accreditation,
and
if
applicable,
the
accreditation
number
of
each
person
performing
the
activity,
the
start
and
completion
dates
of
the
activity,
the
locations
where
such
activity
occurred,
a
description
of
the
activity
including
preventive
measures
used,
and
if
ACBM
is
removed,
the
name
and
location
of
storage
or
disposal
site
of
the
ACM.
(
h)
For
each
fiber
release
episode
under
Sec.
763.91(
f),
the
local
education
agency
shall
provide
the
date
and
location
of
the
episode,
the
method
of
repair,
preventive
measures
or
response
action
taken,
the
name
of
each
person
performing
the
work,
and
if
ACBM
is
removed,
the
name
and
location
of
storage
or
disposal
site
of
the
ACM.

(
Approved
by
the
Office
of
Management
and
Budget
under
control
number
2070­
0091)

Sec.
763.95
Warning
labels.

(
a)
The
local
education
agency
shall
attach
a
warning
label
immediately
adjacent
to
any
friable
and
nonfriable
ACBM
and
suspected
ACBM
assumed
to
be
ACM
located
in
routine
maintenance
areas
(
such
as
boiler
rooms)
at
each
school
building.
This
shall
include:
(
1)
Friable
ACBM
that
was
responded
to
by
a
means
other
than
removal.
(
2)
ACBM
for
which
no
response
action
was
carried
out.
(
b)
All
labels
shall
be
prominently
displayed
in
readily
visible
locations
and
shall
remain
posted
until
the
ACBM
that
is
labeled
is
removed.
(
c)
The
warning
label
shall
read,
in
print
which
is
readily
visible
because
of
large
size
or
bright
color,
as
follows:

CAUTION:
ASBESTOS.
HAZARDOUS.
DO
NOT
DISTURB
WITHOUT
PROPER
TRAINING
AND
EQUIPMENT.

Sec.
763.97
Compliance
and
enforcement.

(
a)
Compliance
with
Title
II
of
the
Act.
(
1)
Section
207(
a)
of
Title
II
of
the
Act
(
15
U.
S.
C.
2647)
makes
it
unlawful
for
any
local
education
agency
to:
(
i)
Fail
to
conduct
inspections
pursuant
to
section
203(
b)
of
Title
II
of
the
Act,
including
failure
to
follow
procedures
and
failure
to
use
accredited
personnel
and
laboratories.
(
ii)
Knowingly
submit
false
information
to
the
Governor
regarding
any
inspection
pursuant
to
regulations
under
section
203(
i)
of
Title
II
of
the
Act.
C­
20
(
iii)
Fail
to
develop
a
management
plan
pursuant
to
regulations
under
section
203(
i)
of
Title
II
of
the
Act.
(
2)
Section
207(
a)
of
Title
II
of
the
Act
(
15
U.
S.
C.
2647)
also
provides
that
any
local
education
agency
which
violates
any
provision
of
section
207
shall
be
liable
for
a
civil
penalty
of
not
more
than
$
5,000
for
each
day
during
which
the
violation
continues.
For
the
purposes
of
this
subpart,
a
  
violation''
means
a
failure
to
comply
with
respect
to
a
single
school
building.
(
b)
Compliance
with
Title
I
of
the
Act.
(
1)
Section
15(
1)(
D)
of
Title
I
of
the
Act
(
15
U.
S.
C.
2614)
makes
it
unlawful
for
any
person
to
fail
or
refuse
to
comply
with
any
requirement
of
Title
II
or
any
rule
promulgated
or
order
issued
under
Title
II.
Therefore,
any
person
who
violates
any
requirement
of
this
subpart
is
in
violation
of
section
15
of
Title
I
of
the
Act.
(
2)
Section
15(
3)
of
Title
I
of
the
Act
(
15
U.
S.
C.
2614)
makes
it
unlawful
for
any
person
to
fail
or
refuse
to
establish
or
maintain
records,
submit
reports,
notices
or
other
information,
or
permit
access
to
or
copying
of
records,
as
required
by
this
Act
or
a
rule
thereunder.
(
3)
Section
15(
4)
(
15
U.
S.
C.
2614)
of
Title
I
of
the
Act
makes
it
unlawful
for
any
person
to
fail
or
refuse
to
permit
entry
or
inspection
as
required
by
section
11
of
Title
I
of
the
Act.
(
4)
Section
16(
a)
of
Title
I
of
the
Act
(
15
U.
S.
C.
2615)
provides
that
any
person
who
violates
any
provision
of
section
15
of
Title
I
of
the
Act
shall
be
liable
to
the
United
States
for
a
civil
penalty
in
an
amount
not
to
exceed
$
25,000
for
each
such
violation.
Each
day
such
a
violation
continues
shall,
for
purposes
of
this
paragraph,
constitute
a
separate
violation
of
section
15.
A
local
education
agency
is
not
liable
for
any
civil
penalty
under
Title
I
of
the
Act
for
failing
or
refusing
to
comply
with
any
rule
promulgated
or
order
issued
under
Title
II
of
the
Act.
(
c)
Criminal
penalties.
If
any
violation
committed
by
any
person
(
including
a
local
education
agency)
is
knowing
or
willful,
criminal
penalties
may
be
assessed
under
section
16(
b)
of
Title
I
of
the
Act.
(
d)
Injunctive
relief.
The
Agency
may
obtain
injunctive
relief
under
section
208(
b)
of
Title
II
of
the
Act
to
respond
to
a
hazard
which
poses
an
imminent
and
substantial
endangerment
to
human
health
or
the
environment
or
section
17
(
15
U.
S.
C.
2616)
of
Title
I
of
the
Act
to
restrain
any
violation
of
section
15
of
Title
I
of
the
Act
or
to
compel
the
taking
of
any
action
required
by
or
under
Title
I
of
the
Act.
(
e)
Citizen
complaints.
Any
citizen
who
wishes
to
file
a
complaint
pursuant
to
section
207(
d)
of
Title
II
of
the
Act
should
direct
the
complaint
to
the
Governor
of
the
State
or
the
EPA
Asbestos
Ombudsman,
401
M
Street,
SW.,
Washington,
DC
20460.
The
citizen
complaint
should
be
in
writing
and
identified
as
a
citizen
complaint
pursuant
to
section
207(
d)
of
Title
II
of
TSCA.
The
EPA
Asbestos
Ombudsman
or
the
Governor
shall
investigate
and
respond
to
the
complaint
within
a
reasonable
period
of
time
if
the
allegations
provide
a
reasonable
basis
to
believe
that
a
violation
of
the
Act
has
occurred.
(
f)
Inspections.
EPA
may
conduct
inspections
and
review
management
plans
under
section
11
of
Title
I
of
the
Act
(
15
U.
S.
C.
2610)
to
ensure
compliance.

Sec.
763.98
Waiver;
delegation
to
State.

(
a)
General.
(
1)
Upon
request
from
a
State
Governor
and
after
notice
and
comment
and
an
opportunity
for
a
public
hearing
in
accordance
with
paragraphs
(
b)
and
(
c)
of
this
section,
EPA
may
waive
some
or
all
of
the
requirements
of
this
subpart
E
if
the
State
has
established
and
is
C­
21
implementing
or
intends
to
implement
a
program
of
asbestos
inspection
and
management
that
contains
requirements
that
are
at
least
as
stringent
as
the
requirements
of
this
subpart
E.
(
2)
A
waiver
from
any
requirement
of
this
subpart
E
shall
apply
only
to
the
specific
provision
for
which
a
waiver
has
been
granted
under
this
section.
All
requirements
of
this
subpart
E
shall
apply
until
a
waiver
is
granted
under
this
section.
(
b)
Request.
Each
request
by
a
Governor
to
waive
any
requirement
of
this
subpart
E
shall
be
sent
with
three
complete
copies
of
the
request
to
the
Regional
Administrator
for
the
EPA
Region
in
which
the
State
is
located
and
shall
include:
(
1)
A
copy
of
the
State
provisions
or
proposed
provisions
relating
to
its
program
of
asbestos
inspection
and
management
in
schools
for
which
the
request
is
made.
(
2)(
i)
The
name
of
the
State
agency
that
is
or
will
be
responsible
for
administering
and
enforcing
the
requirements
for
which
a
waiver
is
requested,
the
names
and
job
titles
of
responsible
officials
in
that
agency,
and
phone
numbers
where
the
officials
can
be
contacted.
(
ii)
In
the
event
that
more
than
one
agency
is
or
will
be
responsible
for
administering
and
enforcing
the
requirements
for
which
a
waiver
is
requested,
a
description
of
the
functions
to
be
performed
by
each
agency,
how
the
program
will
be
coordinated
by
the
lead
agency
to
ensure
consistency
and
effective
administration
in
the
asbestos
inspection
and
management
program
within
the
State,
the
names
and
job
titles
of
responsible
officials
in
the
agencies,
and
phone
numbers
where
the
officials
can
be
contacted.
The
lead
agency
will
serve
as
the
central
contact
point
for
the
EPA.
(
3)
Detailed
reasons,
supporting
papers,
and
the
rationale
for
concluding
that
the
State's
asbestos
inspection
and
management
program
provisions
for
which
the
request
is
made
are
at
least
as
stringent
as
the
requirements
of
this
subpart
E.
(
4)
A
discussion
of
any
special
situations,
problems,
and
needs
pertaining
to
the
waiver
request
accompanied
by
an
explanation
of
how
the
State
intends
to
handle
them.
(
5)
A
statement
of
the
resources
that
the
State
intends
to
devote
to
the
administration
and
enforcement
of
the
provisions
relating
to
the
waiver
request.
(
6)
Copies
of
any
specific
or
enabling
State
laws
(
enacted
and
pending
enactment)
and
regulations
(
promulgated
and
pending
promulgation)
relating
to
the
request,
including
provisions
for
assessing
criminal
and/
or
civil
penalties.
(
7)
Assurance
from
the
Governor,
the
Attorney
General,
or
the
legal
counsel
of
the
lead
agency
that
the
lead
agency
or
other
cooperating
agencies
have
the
legal
authority
necessary
to
carry
out
the
requirements
relating
to
the
request.
(
c)
General
notice­­
hearing.
(
1)
Within
30
days
after
receipt
of
a
request
for
a
waiver,
EPA
will
determine
the
completeness
of
the
request.
If
EPA
does
not
request
further
information
within
the
30­
day
period,
the
request
will
be
deemed
complete.
(
2)
Within
30
days
after
EPA
determines
that
a
request
is
complete,
EPA
will
issue
for
publication
in
the
Federal
Register
a
notice
that
announces
receipt
of
the
request,
describes
the
information
submitted
under
paragraph
(
b)
of
this
section,
and
solicits
written
comment
from
interested
members
of
the
public.
Comments
must
be
submitted
within
60
days.
(
3)
If,
during
the
comment
period,
EPA
receives
a
written
objection
to
a
Governor's
request
and
a
request
for
a
public
hearing
detailing
specific
objections
to
the
granting
of
a
waiver,
EPA
will
schedule
a
public
hearing
to
be
held
in
the
affected
State
after
the
close
of
the
comment
C­
22
period
and
will
announce
the
public
hearing
date
in
the
Federal
Register
before
the
date
of
the
hearing.
Each
comment
shall
include
the
name
and
address
of
the
person
submitting
the
comment.
(
d)
Criteria.
EPA
may
waive
some
or
all
of
the
requirements
of
subpart
E
of
this
part
if:
(
1)
The
State's
lead
agency
and
other
cooperating
agencies
have
the
legal
authority
necessary
to
carry
out
the
provisions
of
asbestos
inspection
and
management
in
schools
relating
to
the
waiver
request.
(
2)
The
State's
program
of
asbestos
inspection
and
management
in
schools
relating
to
the
waiver
request
and
implementation
of
the
program
are
or
will
be
at
least
as
stringent
as
the
requirements
of
this
subpart
E.
(
3)
The
State
has
an
enforcement
mechanism
to
allow
it
to
implement
the
program
described
in
the
waiver
request
.
(
4)
The
lead
agency
and
any
cooperating
agencies
have
or
will
have
qualified
personnel
to
carry
out
the
provisions
relating
to
the
waiver
request.
(
5)
The
State
will
devote
adequate
resources
to
the
administration
and
enforcement
of
the
asbestos
inspection
and
management
provisions
relating
to
the
waiver
request.
(
6)
When
specified
by
EPA,
the
State
gives
satisfactory
assurances
that
necessary
steps,
including
specific
actions
it
proposes
to
take
and
a
time
schedule
for
their
accomplishment,
will
be
taken
within
a
reasonable
time
to
conform
with
applicable
criteria
under
paragraphs
(
d)
(
2)
through
(
4)
of
this
section.
(
e)
Decision.
EPA
will
issue
for
publication
in
the
Federal
Register
a
notice
announcing
its
decision
to
grant
or
deny,
in
whole
or
in
part,
a
Governor's
request
for
a
waiver
from
some
or
all
of
the
requirements
of
this
subpart
E
within
30
days
after
the
close
of
the
comment
period
or
within
30
days
following
a
public
hearing,
whichever
is
applicable.
The
notice
will
include
the
Agency's
reasons
and
rationale
for
granting
or
denying
the
Governor's
request.
The
30­
day
period
may
be
extended
if
mutually
agreed
upon
by
EPA
and
the
State.
(
f)
Modifications.
When
any
substantial
change
is
made
in
the
administration
or
enforcement
of
a
State
program
for
which
a
waiver
was
granted
under
this
section,
a
responsible
official
in
the
lead
agency
shall
submit
such
changes
to
EPA.
(
g)
Reports.
The
lead
agency
in
each
State
that
has
been
granted
a
waiver
by
EPA
from
any
requirement
of
subpart
E
of
this
part
shall
submit
a
report
to
the
Regional
Administrator
for
the
Region
in
which
the
State
is
located
at
least
once
every
12
months
to
include
the
following
information:
(
1)
A
summary
of
the
State's
implementation
and
enforcement
activities
during
the
last
reporting
period
relating
to
provisions
waived
under
this
section,
including
enforcement
actions
taken.
(
2)
Any
changes
in
the
administration
or
enforcement
of
the
State
program
implemented
during
the
last
reporting
period.
(
3)
Other
reports
as
may
be
required
by
EPA
to
carry
out
effective
oversight
of
any
requirement
of
this
subpart
E
that
was
waived
under
this
section.
(
h)
Oversight.
EPA
may
periodically
evaluate
the
adequacy
of
a
State's
implementation
and
enforcement
of
and
resources
devoted
to
carrying
out
requirements
relating
to
the
waiver.
This
evaluation
may
include,
but
is
not
limited
to,
site
visits
to
local
education
agencies
without
prior
notice
to
the
State.
C­
23
(
i)
Informal
conference.
(
1)
EPA
may
request
that
an
informal
conference
be
held
between
appropriate
State
and
EPA
officials
when
EPA
has
reason
to
believe
that
a
State
has
failed
to:
(
i)
Substantially
comply
with
the
terms
of
any
provision
that
was
waived
under
this
section.
(
ii)
Meet
the
criteria
under
paragraph
(
d)
of
this
section,
including
the
failure
to
carry
out
enforcement
activities
or
act
on
violations
of
the
State
program.
(
2)
EPA
will:
(
i)
Specify
to
the
State
those
aspects
of
the
State's
program
believed
to
be
inadequate.
(
ii)
Specify
to
the
State
the
facts
that
underlie
the
belief
of
inadequacy.
(
3)
If
EPA
finds,
on
the
basis
of
information
submitted
by
the
State
at
the
conference,
that
deficiencies
did
not
exist
or
were
corrected
by
the
State,
no
further
action
is
required.
(
4)
Where
EPA
finds
that
deficiencies
in
the
State
program
exist,
a
plan
to
correct
the
deficiencies
shall
be
negotiated
between
the
State
and
EPA.
The
plan
shall
detail
the
deficiencies
found
in
the
State
program,
specify
the
steps
the
State
has
taken
or
will
take
to
remedy
the
deficiencies,
and
establish
a
schedule
for
each
remedial
action
to
be
initiated.
(
j)
Rescission.
(
1)
If
the
State
fails
to
meet
with
EPA
or
fails
to
correct
deficiencies
raised
at
the
informal
conference,
EPA
will
deliver
to
the
Governor
of
the
State
and
a
responsible
official
in
the
lead
agency
a
written
notice
of
its
intent
to
rescind,
in
whole
or
part,
the
waiver.
(
2)
EPA
will
issue
for
publication
in
the
Federal
Register
a
notice
that
announces
the
rescission
of
the
waiver,
describes
those
aspects
of
the
State's
program
determined
to
be
inadequate,
and
specifies
the
facts
that
underlie
the
findings
of
inadequacy.

Sec.
763.99
Exclusions.

(
a)
A
local
education
agency
shall
not
be
required
to
perform
an
inspection
under
Sec.
763.85(
a)
in
any
sampling
area
as
defined
in
40
CFR
763.103
or
homogeneous
area
of
a
school
building
where:
(
1)
An
accredited
inspector
has
determined
that,
based
on
sampling
records,
friable
ACBM
was
identified
in
that
homogeneous
or
sampling
area
during
an
inspection
conducted
before
December
14,
1987.
The
inspector
shall
sign
and
date
a
statement
to
that
effect
with
his
or
her
State
of
accreditation
and
if
applicable,
accreditation
number
and,
within
30
days
after
such
determination,
submit
a
copy
of
the
statement
to
the
person
designated
under
Sec.
763.84
for
inclusion
in
the
management
plan.
However,
an
accredited
inspector
shall
assess
the
friable
ACBM
under
Sec.
763.88.
(
2)
An
accredited
inspector
has
determined
that,
based
on
sampling
records,
nonfriable
ACBM
was
identified
in
that
homogeneous
or
sampling
area
during
an
inspection
conducted
before
December
14,
1987.
The
inspector
shall
sign
and
date
a
statement
to
that
effect
with
his
or
her
State
of
accreditation
and
if
applicable,
accreditation
number
and,
within
30
days
after
such
determination,
submit
a
copy
of
the
statement
to
the
person
designated
under
Sec.
763.84
for
inclusion
in
the
management
plan.
However,
an
accredited
inspector
shall
identify
whether
material
that
was
nonfriable
has
become
friable
since
that
previous
inspection
and
shall
assess
the
newly­
friable
ACBM
under
Sec.
763.88.
(
3)
Based
on
sampling
records
and
inspection
records,
an
accredited
inspector
has
determined
that
no
ACBM
is
present
in
the
homogeneous
or
sampling
area
and
the
records
show
that
the
area
was
sampled,
before
December
14,
1987
in
substantial
compliance
with
Sec.
763.85(
a),
which
C­
24
for
purposes
of
this
section
means
in
a
random
manner
and
with
a
sufficient
number
of
samples
to
reasonably
ensure
that
the
area
is
not
ACBM.
(
i)
The
accredited
inspector
shall
sign
and
date
a
statement,
with
his
or
her
State
of
accreditation
and
if
applicable,
accreditation
number
that
the
homogeneous
or
sampling
area
determined
not
to
be
ACBM
was
sampled
in
substantial
compliance
with
Sec.
763.85(
a).
(
ii)
Within
30
days
after
the
inspector's
determination,
the
local
education
agency
shall
submit
a
copy
of
the
inspector's
statement
to
the
EPA
Regional
Office
and
shall
include
the
statement
in
the
management
plan
for
that
school.
(
4)
The
lead
agency
responsible
for
asbestos
inspection
in
a
State
that
has
been
granted
a
waiver
from
Sec.
763.85(
a)
has
determined
that,
based
on
sampling
records
and
inspection
records,
no
ACBM
is
present
in
the
homogeneous
or
sampling
area
and
the
records
show
that
the
area
was
sampled
before
December
14,
1987,
in
substantial
compliance
with
Sec.
763.85(
a).
Such
determination
shall
be
included
in
the
management
plan
for
that
school.
(
5)
An
accredited
inspector
has
determined
that,
based
on
records
of
an
inspection
conducted
before
December
14,
1987,
suspected
ACBM
identified
in
that
homogeneous
or
sampling
area
is
assumed
to
be
ACM.
The
inspector
shall
sign
and
date
a
statement
to
that
effect,
with
his
or
her
State
of
accreditation
and
if
applicable,
accreditation
number
and,
within
30
days
of
such
determination,
submit
a
copy
of
the
statement
to
the
person
designated
under
Sec.
763.84
for
inclusion
in
the
management
plan.
However,
an
accredited
inspector
shall
identify
whether
material
that
was
nonfriable
suspected
ACBM
assumed
to
be
ACM
has
become
friable
since
the
previous
inspection
and
shall
assess
the
newly
friable
material
and
previously
identified
friable
suspected
ACBM
assumed
to
be
ACM
under
Sec.
763.88.
(
6)
Based
on
inspection
records
and
contractor
and
clearance
records,
an
accredited
inspector
has
determined
that
no
ACBM
is
present
in
the
homogeneous
or
sampling
area
where
asbestos
removal
operations
have
been
conducted
before
December
14,
1987,
and
shall
sign
and
date
a
statement
to
that
effect
and
include
his
or
her
State
of
accreditation
and,
if
applicable,
accreditation
number.
The
local
education
agency
shall
submit
a
copy
of
the
statement
to
the
EPA
Regional
Office
and
shall
include
the
statement
in
the
management
plan
for
that
school.
(
7)
An
architect
or
project
engineer
responsible
for
the
construction
of
a
new
school
building
built
after
October
12,
1988,
or
an
accredited
inspector
signs
a
statement
that
no
ACBM
was
specified
as
a
building
material
in
any
construction
document
for
the
building,
or,
to
the
best
of
his
or
her
knowledge,
no
ACBM
was
used
as
a
building
material
in
the
building.
The
local
education
agency
shall
submit
a
copy
of
the
signed
statement
of
the
architect,
project
engineer,
or
accredited
inspector
to
the
EPA
Regional
Office
and
shall
include
the
statement
in
the
management
plan
for
that
school.
(
b)
The
exclusion,
under
paragraphs
(
a)
(
1)
through
(
4)
of
this
section,
from
conducting
the
inspection
under
Sec.
763.85(
a)
shall
apply
only
to
homogeneous
or
sampling
areas
of
a
school
building
that
were
inspected
and
sampled
before
October
17,
1987.
The
local
education
agency
shall
conduct
an
inspection
under
Sec.
763.85(
a)
of
all
areas
inspected
before
October
17,
1987,
that
were
not
sampled
or
were
not
assumed
to
be
ACM.
(
c)
If
ACBM
is
subsequently
found
in
a
homogeneous
or
sampling
area
of
a
local
education
agency
that
had
been
identified
as
receiving
an
exclusion
by
an
accredited
inspector
under
paragraphs
(
a)
(
3),
(
4),
(
5)
of
this
section,
or
an
architect,
project
engineer
or
accredited
inspector
C­
25
under
paragraph
(
a)(
7)
of
this
section,
the
local
education
agency
shall
have
180
days
following
the
date
of
identification
of
ACBM
to
comply
with
this
subpart
E.
EPA
ICR
No.
1365.07;
OMB
Control
No.
2070­
0091
Attachment
D
Model
Accreditation
Plan
40
CFR
763,
Subpart
E,
Appendix
C
D­
1
Appendix
C
to
Subpart
E­­
Asbestos
Model
Accreditation
Plan
I.
Asbestos
Model
Accreditation
Plan
for
States
The
Asbestos
Model
Accreditation
Plan
(
MAP)
for
States
has
eight
components:
(
A)
Definitions
(
B)
Initial
Training
(
C)
Examinations
(
D)
Continuing
Education
(
E)
Qualifications
(
F)
Recordkeeping
Requirements
for
Training
Providers
(
G)
Deaccreditation
(
H)
Reciprocity
A.
Definitions
For
purposes
of
Appendix
C:
1.
''
Friable
asbestos­
containing
material
(
ACM)''
means
any
material
containing
more
than
one
percent
asbestos
which
has
been
applied
on
ceilings,
walls,
structural
members,
piping,
duct
work,
or
any
other
part
of
a
building,
which
when
dry,
may
be
crumbled,
pulverized,
or
reduced
to
powder
by
hand
pressure.
The
term
includes
non­
friable
asbestos­
containing
material
after
such
previously
non­
friable
material
becomes
damaged
to
the
extent
that
when
dry
it
may
be
crumbled,
pulverized,
or
reduced
to
powder
by
hand
pressure.
2.
''
Friable
asbestos­
containing
building
material
(
ACBM)''
means
any
friable
ACM
that
is
in
or
on
interior
structural
members
or
other
parts
of
a
school
or
public
and
commercial
building.
3.
''
Inspection''
means
an
activity
undertaken
in
a
school
building,
or
a
public
and
commercial
building,
to
determine
the
presence
or
location,
or
to
assess
the
condition
of,
friable
or
non­
friable
asbestos­
containing
building
material
(
ACBM)
or
suspected
ACBM,
whether
by
visual
or
physical
examination,
or
by
collecting
samples
of
such
material.
This
term
includes
reinspections
of
friable
and
non­
friable
known
or
assumed
ACBM
which
has
been
previously
identified.
The
term
does
not
include
the
following:
a.
Periodic
surveillance
of
the
type
described
in
40
CFR
763.92(
b)
solely
for
the
purpose
of
recording
or
reporting
a
change
in
the
condition
of
known
or
assumed
ACBM;
b.
Inspections
performed
by
employees
or
agents
of
Federal,
State,
or
local
government
solely
for
the
purpose
of
determining
compliance
with
applicable
statutes
or
regulations;
or
c.
visual
inspections
of
the
type
described
in
40
CFR
763.90(
i)
solely
for
the
purpose
of
determining
completion
of
response
actions.
4.
''
Major
fiber
release
episode''
means
any
uncontrolled
or
unintentional
disturbance
of
ACBM,
resulting
in
a
visible
emission,
which
involves
the
falling
or
dislodging
of
more
than
3
square
or
linear
feet
of
friable
ACBM.
5.
''
Minor
fiber
release
episode''
means
any
uncontrolled
or
unintentional
disturbance
of
ACBM,
resulting
in
a
visible
emission,
which
involves
the
falling
or
dislodging
of
3
square
or
linear
feet
or
less
of
friable
ACBM.
D­
2
6.
''
Public
and
commercial
building''
means
the
interior
space
of
any
building
which
is
not
a
school
building,
except
that
the
term
does
not
include
any
residential
apartment
building
of
fewer
than
10
units
or
detached
single­
family
homes.
The
term
includes,
but
is
not
limited
to:
industrial
and
office
buildings,
residential
apartment
buildings
and
condominiums
of
10
or
more
dwelling
units,
government­
owned
buildings,
colleges,
museums,
airports,
hospitals,
churches,
preschools,
stores,
warehouses
and
factories.
Interior
space
includes
exterior
hallways
connecting
buildings,
porticos,
and
mechanical
systems
used
to
condition
interior
space.
7.
''
Response
action''
means
a
method,
including
removal,
encapsulation,
enclosure,
repair,
and
operation
and
maintenance,
that
protects
human
health
and
the
environment
from
friable
ACBM.
8.
''
Small­
scale,
short­
duration
activities
(
SSSD)''
are
tasks
such
as,
but
not
limited
to:
a.
Removal
of
asbestos­
containing
insulation
on
pipes.
b.
Removal
of
small
quantities
of
asbestos­
containing
insulation
on
beams
or
above
ceilings.
c.
Replacement
of
an
asbestos­
containing
gasket
on
a
valve.
d.
Installation
or
removal
of
a
small
section
of
drywall.
e.
Installation
of
electrical
conduits
through
or
proximate
to
asbestos­
containing
materials.
SSSD
can
be
further
defined
by
the
following
considerations:
f.
Removal
of
small
quantities
of
ACM
only
if
required
in
the
performance
of
another
maintenance
activity
not
intended
as
asbestos
abatement.
g.
Removal
of
asbestos­
containing
thermal
system
insulation
not
to
exceed
amounts
greater
than
those
which
can
be
contained
in
a
single
glove
bag.
h.
Minor
repairs
to
damaged
thermal
system
insulation
which
do
not
require
removal.
i.
Repairs
to
a
piece
of
asbestos­
containing
wallboard.
j.
Repairs,
involving
encapsulation,
enclosure,
or
removal,
to
small
amounts
of
friable
ACM
only
if
required
in
the
performance
of
emergency
or
routine
maintenance
activity
and
not
intended
solely
as
asbestos
abatement.
Such
work
may
not
exceed
amounts
greater
than
those
which
can
be
contained
in
a
single
prefabricated
mini­
enclosure.
Such
an
enclosure
shall
conform
spatially
and
geometrically
to
the
localized
work
area,
in
order
to
perform
its
intended
containment
function.

B.
Initial
Training
Training
requirements
for
purposes
of
accreditation
are
specified
both
in
terms
of
required
subjects
of
instruction
and
in
terms
of
length
of
training.
Each
initial
training
course
has
a
prescribed
curriculum
and
number
of
days
of
training.
One
day
of
training
equals
8
hours,
including
breaks
and
lunch.
Course
instruction
must
be
provided
by
EPA
or
State­
approved
instructors.
EPA
or
State
instructor
approval
shall
be
based
upon
a
review
of
the
instructor's
academic
credentials
and/
or
field
experience
in
asbestos
abatement.
Beyond
the
initial
training
requirements,
individual
States
may
wish
to
consider
requiring
additional
days
of
training
for
purposes
of
supplementing
hands­
on
activities
or
for
reviewing
relevant
state
regulations.
States
also
may
wish
to
consider
the
relative
merits
of
a
worker
apprenticeship
program.
Further,
they
might
consider
more
stringent
minimum
qualification
standards
for
the
approval
of
training
instructors.
EPA
recommends
that
the
enrollment
in
any
given
course
be
limited
to
25
students
so
that
adequate
opportunities
exist
for
individual
hands­
on
experience.
D­
3
States
have
the
option
to
provide
initial
training
directly
or
approve
other
entities
to
offer
training.
The
following
requirements
are
for
the
initial
training
of
persons
required
to
have
accreditation
under
TSCA
Title
II.
Training
requirements
for
each
of
the
five
accredited
disciplines
are
outlined
below.
Persons
in
each
discipline
perform
a
different
job
function
and
distinct
role.
Inspectors
identify
and
assess
the
condition
of
ACBM,
or
suspect
ACBM.
Management
planners
use
data
gathered
by
inspectors
to
assess
the
degree
of
hazard
posed
by
ACBM
in
schools
to
determine
the
scope
and
timing
of
appropriate
response
actions
needed
for
schools.
Project
designers
determine
how
asbestos
abatement
work
should
be
conducted.
Lastly,
workers
and
contractor/
supervisors
carry
out
and
oversee
abatement
work.
In
addition,
a
recommended
training
curriculum
is
also
presented
for
a
sixth
discipline,
which
is
not
federally­
accredited,
that
of
''
Project
Monitor.''
Each
accredited
discipline
and
training
curriculum
is
separate
and
distinct
from
the
others.
A
person
seeking
accreditation
in
any
of
the
five
accredited
MAP
disciplines
cannot
attend
two
or
more
courses
concurrently,
but
may
attend
such
courses
sequentially.
In
several
instances,
initial
training
courses
for
a
specific
discipline
(
e.
g.,
workers,
inspectors)
require
hands­
on
training.
For
asbestos
abatement
contractor/
supervisors
and
workers,
hands­
on
training
should
include
working
with
asbestos­
substitute
materials,
fitting
and
using
respirators,
use
of
glovebags,
donning
protective
clothing,
and
constructing
a
decontamination
unit
as
well
as
other
abatement
work
activities.

1.
Workers
A
person
must
be
accredited
as
a
worker
to
carry
out
any
of
the
following
activities
with
respect
to
friable
ACBM
in
a
school
or
public
and
commercial
building:
(
1)
A
response
action
other
than
a
SSSD
activity,
(
2)
a
maintenance
activity
that
disturbs
friable
ACBM
other
than
a
SSSD
activity,
or
(
3)
a
response
action
for
a
major
fiber
release
episode.
All
persons
seeking
accreditation
as
asbestos
abatement
workers
shall
complete
at
least
a
4­
day
training
course
as
outlined
below.
The
4­
day
worker
training
course
shall
include
lectures,
demonstrations,
at
least
14
hours
of
hands­
on
training,
individual
respirator
fit
testing,
course
review,
and
an
examination.
Hands­
on
training
must
permit
workers
to
have
actual
experience
performing
tasks
associated
with
asbestos
abatement.
A
person
who
is
otherwise
accredited
as
a
contractor/
supervisor
may
perform
in
the
role
of
a
worker
without
possessing
separate
accreditation
as
a
worker.
Because
of
cultural
diversity
associated
with
the
asbestos
workforce,
EPA
recommends
that
States
adopt
specific
standards
for
the
approval
of
foreign
language
courses
for
abatement
workers.
EPA
further
recommends
the
use
of
audio­
visual
materials
to
complement
lectures,
where
appropriate.
The
training
course
shall
adequately
address
the
following
topics:
(
a)
Physical
characteristics
of
asbestos.
Identification
of
asbestos,
aerodynamic
characteristics,
typical
uses,
and
physical
appearance,
and
a
summary
of
abatement
control
options.
(
b)
Potential
health
effects
related
to
asbestos
exposure.
The
nature
of
asbestos­
related
diseases;
routes
of
exposure;
dose­
response
relationships
and
the
lack
of
a
safe
exposure
level;
the
synergistic
effect
between
cigarette
smoking
and
asbestos
exposure;
the
latency
periods
for
D­
4
asbestos­
related
diseases;
a
discussion
of
the
relationship
of
asbestos
exposure
to
asbestosis,
lung
cancer,
mesothelioma,
and
cancers
of
other
organs.
(
c)
Employee
personal
protective
equipment.
Classes
and
characteristics
of
respirator
types;
limitations
of
respirators;
proper
selection,
inspection;
donning,
use,
maintenance,
and
storage
procedures
for
respirators;
methods
for
field
testing
of
the
facepiece­
to­
face
seal
(
positive
and
negative­
pressure
fit
checks);
qualitative
and
quantitative
fit
testing
procedures;
variability
between
field
and
laboratory
protection
factors
that
alter
respiratory
fit
(
e.
g.,
facial
hair);
the
components
of
a
proper
respiratory
protection
program;
selection
and
use
of
personal
protective
clothing;
use,
storage,
and
handling
of
non­
disposable
clothing;
and
regulations
covering
personal
protective
equipment.
(
d)
State­
of­
the­
art
work
practices.
Proper
work
practices
for
asbestos
abatement
activities,
including
descriptions
of
proper
construction;
maintenance
of
barriers
and
decontamination
enclosure
systems;
positioning
of
warning
signs;
lock­
out
of
electrical
and
ventilation
systems;
proper
working
techniques
for
minimizing
fiber
release;
use
of
wet
methods;
use
of
negative
pressure
exhaust
ventilation
equipment;
use
of
high­
efficiency
particulate
air
(
HEPA)
vacuums;
proper
clean­
up
and
disposal
procedures;
work
practices
for
removal,
encapsulation,
enclosure,
and
repair
of
ACM;
emergency
procedures
for
sudden
releases;
potential
exposure
situations;
transport
and
disposal
procedures;
and
recommended
and
prohibited
work
practices.
(
e)
Personal
hygiene.
Entry
and
exit
procedures
for
the
work
area;
use
of
showers;
avoidance
of
eating,
drinking,
smoking,
and
chewing
(
gum
or
tobacco)
in
the
work
area;
and
potential
exposures,
such
as
family
exposure.
(
f)
Additional
safety
hazards.
Hazards
encountered
during
abatement
activities
and
how
to
deal
with
them,
including
electrical
hazards,
heat
stress,
air
contaminants
other
than
asbestos,
fire
and
explosion
hazards,
scaffold
and
ladder
hazards,
slips,
trips,
and
falls,
and
confined
spaces.
(
g)
Medical
monitoring.
OSHA
and
EPA
Worker
Protection
Rule
requirements
for
physical
examinations,
including
a
pulmonary
function
test,
chest
X­
rays,
and
a
medical
history
for
each
employee.
(
h)
Air
monitoring.
Procedures
to
determine
airborne
concentrations
of
asbestos
fibers,
focusing
on
how
personal
air
sampling
is
performed
and
the
reasons
for
it.
(
i)
Relevant
Federal,
State,
and
local
regulatory
requirements,
procedures,
and
standards.
With
particular
attention
directed
at
relevant
EPA,
OSHA,
and
State
regulations
concerning
asbestos
abatement
workers.
(
j)
Establishment
of
respiratory
protection
programs.
(
k)
Course
review.
A
review
of
key
aspects
of
the
training
course.

2.
Contractor/
Supervisors
A
person
must
be
accredited
as
a
contractor/
supervisor
to
supervise
any
of
the
following
activities
with
respect
to
friable
ACBM
in
a
school
or
public
and
commercial
building:
(
1)
A
response
action
other
than
a
SSSD
activity,
(
2)
a
maintenance
activity
that
disturbs
friable
ACBM
other
than
a
SSSD
activity,
or
(
3)
a
response
action
for
a
major
fiber
release
episode.
All
persons
seeking
accreditation
as
asbestos
abatement
contractor/
supervisors
shall
complete
at
least
a
5­
day
training
course
as
outlined
below.
The
training
course
must
include
lectures,
demonstrations,
at
least
14
hours
of
hands­
on
training,
individual
respirator
fit
testing,
course
review,
and
a
written
D­
5
examination.
Hands­
on
training
must
permit
supervisors
to
have
actual
experience
performing
tasks
associated
with
asbestos
abatement.
EPA
recommends
the
use
of
audiovisual
materials
to
complement
lectures,
where
appropriate.
Asbestos
abatement
supervisors
include
those
persons
who
provide
supervision
and
direction
to
workers
performing
response
actions.
Supervisors
may
include
those
individuals
with
the
position
title
of
foreman,
working
foreman,
or
leadman
pursuant
to
collective
bargaining
agreements.
At
least
one
supervisor
is
required
to
be
at
the
worksite
at
all
times
while
response
actions
are
being
conducted.
Asbestos
workers
must
have
access
to
accredited
supervisors
throughout
the
duration
of
the
project.
The
contractor/
supervisor
training
course
shall
adequately
address
the
following
topics:
(
a)
The
physical
characteristics
of
asbestos
and
asbestos­
containing
materials.
Identification
of
asbestos,
aerodynamic
characteristics,
typical
uses,
physical
appearance,
a
review
of
hazard
assessment
considerations,
and
a
summary
of
abatement
control
options.
(
b)
Potential
health
effects
related
to
asbestos
exposure.
The
nature
of
asbestos­
related
diseases;
routes
of
exposure;
dose­
response
relationships
and
the
lack
of
a
safe
exposure
level;
synergism
between
cigarette
smoking
and
asbestos
exposure;
and
latency
period
for
diseases.
(
c)
Employee
personal
protective
equipment.
Classes
and
characteristics
of
respirator
types;
limitations
of
respirators;
proper
selection,
inspection,
donning,
use,
maintenance,
and
storage
procedures
for
respirators;
methods
for
field
testing
of
the
facepiece­
to­
face
seal
(
positive
and
negative­
pressure
fit
checks);
qualitative
and
quantitative
fit
testing
procedures;
variability
between
field
and
laboratory
protection
factors
that
alter
respiratory
fit
(
e.
g.,
facial
hair);
the
components
of
a
proper
respiratory
protection
program;
selection
and
use
of
personal
protective
clothing;
and
use,
storage,
and
handling
of
non­
disposable
clothing;
and
regulations
covering
personal
protective
equipment.
(
d)
State­
of­
the­
art
work
practices.
Proper
work
practices
for
asbestos
abatement
activities,
including
descriptions
of
proper
construction
and
maintenance
of
barriers
and
decontamination
enclosure
systems;
positioning
of
warning
signs;
lock­
out
of
electrical
and
ventilation
systems;
proper
working
techniques
for
minimizing
fiber
release;
use
of
wet
methods;
use
of
negative
pressure
exhaust
ventilation
equipment;
use
of
HEPA
vacuums;
and
proper
clean­
up
and
disposal
procedures.
Work
practices
for
removal,
encapsulation,
enclosure,
and
repair
of
ACM;
emergency
procedures
for
unplanned
releases;
potential
exposure
situations;
transport
and
disposal
procedures;
and
recommended
and
prohibited
work
practices.
New
abatement­
related
techniques
and
methodologies
may
be
discussed.
(
e)
Personal
hygiene.
Entry
and
exit
procedures
for
the
work
area;
use
of
showers;
and
avoidance
of
eating,
drinking,
smoking,
and
chewing
(
gum
or
tobacco)
in
the
work
area.
Potential
exposures,
such
as
family
exposure,
shall
also
be
included.
(
f)
Additional
safety
hazards.
Hazards
encountered
during
abatement
activities
and
how
to
deal
with
them,
including
electrical
hazards,
heat
stress,
air
contaminants
other
than
asbestos,
fire
and
explosion
hazards,
scaffold
and
ladder
hazards,
slips,
trips,
and
falls,
and
confined
spaces.
(
g)
Medical
monitoring.
OSHA
and
EPA
Worker
Protection
Rule
requirements
for
physical
examinations,
including
a
pulmonary
function
test,
chest
X­
rays
and
a
medical
history
for
each
employee.
D­
6
(
h)
Air
monitoring.
Procedures
to
determine
airborne
concentrations
of
asbestos
fibers,
including
descriptions
of
aggressive
air
sampling,
sampling
equipment
and
methods,
reasons
for
air
monitoring,
types
of
samples
and
interpretation
of
results.
EPA
recommends
that
transmission
electron
microscopy
(
TEM)
be
used
for
analysis
of
final
air
clearance
samples,
and
that
sample
analyses
be
performed
by
laboratories
accredited
by
the
National
Institute
of
Standards
and
Technology's
(
NIST)
National
Voluntary
Laboratory
Accreditation
Program
(
NVLAP).
(
i)
Relevant
Federal,
State,
and
local
regulatory
requirements,
procedures,
and
standards,
including:
(
i)
Requirements
of
TSCA
Title
II.
(
ii)
National
Emission
Standards
for
Hazardous
Air
Pollutants
(
40
CFR
part
61),
Subparts
A
(
General
Provisions)
and
M
(
National
Emission
Standard
for
Asbestos).
(
iii)
OSHA
standards
for
permissible
exposure
to
airborne
concentrations
of
asbestos
fibers
and
respiratory
protection
(
29
CFR
1910.134).
(
iv)
OSHA
Asbestos
Construction
Standard
(
29
CFR
1926.58).
(
v)
EPA
Worker
Protection
Rule,
(
40
CFR
part
763,
Subpart
G).
(
j)
Respiratory
Protection
Programs
and
Medical
Monitoring
Programs.
(
k)
Insurance
and
liability
issues.
Contractor
issues;
worker's
compensation
coverage
and
exclusions;
third­
party
liabilities
and
defenses;
insurance
coverage
and
exclusions.
(
l)
Recordkeeping
for
asbestos
abatement
projects.
Records
required
by
Federal,
State,
and
local
regulations;
records
recommended
for
legal
and
insurance
purposes.
(
m)
Supervisory
techniques
for
asbestos
abatement
activities.
Supervisory
practices
to
enforce
and
reinforce
the
required
work
practices
and
discourage
unsafe
work
practices.
(
n)
Contract
specifications.
Discussions
of
key
elements
that
are
included
in
contract
specifications.
(
o)
Course
review.
A
review
of
key
aspects
of
the
training
course.

3.
Inspector
All
persons
who
inspect
for
ACBM
in
schools
or
public
and
commercial
buildings
must
be
accredited.
All
persons
seeking
accreditation
as
an
inspector
shall
complete
at
least
a
3­
day
training
course
as
outlined
below.
The
course
shall
include
lectures,
demonstrations,
4
hours
of
hands­
on
training,
individual
respirator
fit­
testing,
course
review,
and
a
written
examination.
EPA
recommends
the
use
of
audiovisual
materials
to
complement
lectures,
where
appropriate.
Hands­
on
training
should
include
conducting
a
simulated
building
walk­
through
inspection
and
respirator
fit
testing.
The
inspector
training
course
shall
adequately
address
the
following
topics:
(
a)
Background
information
on
asbestos.
Identification
of
asbestos,
and
examples
and
discussion
of
the
uses
and
locations
of
asbestos
in
buildings;
physical
appearance
of
asbestos.
(
b)
Potential
health
effects
related
to
asbestos
exposure.
The
nature
of
asbestos­
related
diseases;
routes
of
exposure;
dose­
response
relationships
and
the
lack
of
a
safe
exposure
level;
the
synergistic
effect
between
cigarette
smoking
and
asbestos
exposure;
the
latency
periods
for
asbestos­
related
diseases;
a
discussion
of
the
relationship
of
asbestos
exposure
to
asbestosis,
lung
cancer,
mesothelioma,
and
cancers
of
other
organs.
D­
7
(
c)
Functions/
qualifications
and
role
of
inspectors.
Discussions
of
prior
experience
and
qualifications
for
inspectors
and
management
planners;
discussions
of
the
functions
of
an
accredited
inspector
as
compared
to
those
of
an
accredited
management
planner;
discussion
of
inspection
process
including
inventory
of
ACM
and
physical
assessment.
(
d)
Legal
liabilities
and
defenses.
Responsibilities
of
the
inspector
and
management
planner;
a
discussion
of
comprehensive
general
liability
policies,
claims­
made,
and
occurrence
policies,
environmental
and
pollution
liability
policy
clauses;
state
liability
insurance
requirements;
bonding
and
the
relationship
of
insurance
availability
to
bond
availability.
(
e)
Understanding
building
systems.
The
interrelationship
between
building
systems,
including:
an
overview
of
common
building
physical
plan
layout;
heat,
ventilation,
and
air
conditioning
(
HVAC)
system
types,
physical
organization,
and
where
asbestos
is
found
on
HVAC
components;
building
mechanical
systems,
their
types
and
organization,
and
where
to
look
for
asbestos
on
such
systems;
inspecting
electrical
systems,
including
appropriate
safety
precautions;
reading
blueprints
and
as­
built
drawings.
(
f)
Public/
employee/
building
occupant
relations.
Notifying
employee
organizations
about
the
inspection;
signs
to
warn
building
occupants;
tact
in
dealing
with
occupants
and
the
press;
scheduling
of
inspections
to
minimize
disruptions;
and
education
of
building
occupants
about
actions
being
taken.
(
g)
Pre­
inspection
planning
and
review
of
previous
inspection
records.
Scheduling
the
inspection
and
obtaining
access;
building
record
review;
identification
of
probable
homogeneous
areas
from
blueprints
or
as­
built
drawings;
consultation
with
maintenance
or
building
personnel;
review
of
previous
inspection,
sampling,
and
abatement
records
of
a
building;
the
role
of
the
inspector
in
exclusions
for
previously
performed
inspections.
(
h)
Inspecting
for
friable
and
non­
friable
ACM
and
assessing
the
condition
of
friable
ACM.
Procedures
to
follow
in
conducting
visual
inspections
for
friable
and
non­
friable
ACM;
types
of
building
materials
that
may
contain
asbestos;
touching
materials
to
determine
friability;
open
return
air
plenums
and
their
importance
in
HVAC
systems;
assessing
damage,
significant
damage,
potential
damage,
and
potential
significant
damage;
amount
of
suspected
ACM,
both
in
total
quantity
and
as
a
percentage
of
the
total
area;
type
of
damage;
accessibility;
material's
potential
for
disturbance;
known
or
suspected
causes
of
damage
or
significant
damage;
and
deterioration
as
assessment
factors.
(
i)
Bulk
sampling/
documentation
of
asbestos.
Detailed
discussion
of
the
''
Simplified
Sampling
Scheme
for
Friable
Surfacing
Materials
(
EPA
560/
5­
85­
030a
October
1985)'';
techniques
to
ensure
sampling
in
a
randomly
distributed
manner
for
other
than
friable
surfacing
materials;
sampling
of
non­
friable
materials;
techniques
for
bulk
sampling;
inspector's
sampling
and
repair
equipment;
patching
or
repair
of
damage
from
sampling;
discussion
of
polarized
light
microscopy;
choosing
an
accredited
laboratory
to
analyze
bulk
samples;
quality
control
and
quality
assurance
procedures.
EPA's
recommendation
that
all
bulk
samples
collected
from
school
or
public
and
commercial
buildings
be
analyzed
by
a
laboratory
accredited
under
the
NVLAP
administered
by
NIST.
(
j)
Inspector
respiratory
protection
and
personal
protective
equipment.
Classes
and
characteristics
of
respirator
types;
limitations
of
respirators;
proper
selection,
inspection;
donning,
use,
maintenance,
and
storage
procedures
for
respirators;
methods
for
field
testing
of
the
facepiece­
to­
face
seal
(
positive
and
negative­
pressure
fit
checks);
qualitative
and
quantitative
fit
D­
8
testing
procedures;
variability
between
field
and
laboratory
protection
factors
that
alter
respiratory
fit
(
e.
g.,
facial
hair);
the
components
of
a
proper
respiratory
protection
program;
selection
and
use
of
personal
protective
clothing;
use,
storage,
and
handling
of
non­
disposable
clothing.
(
k)
Recordkeeping
and
writing
the
inspection
report.
Labeling
of
samples
and
keying
sample
identification
to
sampling
location;
recommendations
on
sample
labeling;
detailing
of
ACM
inventory;
photographs
of
selected
sampling
areas
and
examples
of
ACM
condition;
information
required
for
inclusion
in
the
management
plan
required
for
school
buildings
under
TSCA
Title
II,
section
203
(
i)(
1).
EPA
recommends
that
States
develop
and
require
the
use
of
standardized
forms
for
recording
the
results
of
inspections
in
schools
or
public
or
commercial
buildings,
and
that
the
use
of
these
forms
be
incorporated
into
the
curriculum
of
training
conducted
for
accreditation.
(
l)
Regulatory
review.
The
following
topics
should
be
covered:
National
Emission
Standards
for
Hazardous
Air
Pollutants
(
NESHAP;
40
CFR
part
61,
Subparts
A
and
M);
EPA
Worker
Protection
Rule
(
40
CFR
part
763,
Subpart
G);
OSHA
Asbestos
Construction
Standard
(
29
CFR
1926.58);
OSHA
respirator
requirements
(
29
CFR
1910.134);
the
Asbestos­
Containing
Materials
in
School
Rule
(
40
CFR
part
763,
Subpart
E;
applicable
State
and
local
regulations,
and
differences
between
Federal
and
State
requirements
where
they
apply,
and
the
effects,
if
any,
on
public
and
nonpublic
schools
or
commercial
or
public
buildings.
(
m)
Field
trip.
This
includes
a
field
exercise,
including
a
walk­
through
inspection;
on­
site
discussion
about
information
gathering
and
the
determination
of
sampling
locations;
on­
site
practice
in
physical
assessment;
classroom
discussion
of
field
exercise.
(
n)
Course
review.
A
review
of
key
aspects
of
the
training
course.

4.
Management
Planner
All
persons
who
prepare
management
plans
for
schools
must
be
accredited.
All
persons
seeking
accreditation
as
management
planners
shall
complete
a
3­
day
inspector
training
course
as
outlined
above
and
a
2­
day
management
planner
training
course.
Possession
of
current
and
valid
inspector
accreditation
shall
be
a
prerequisite
for
admission
to
the
management
planner
training
course.
The
management
planner
course
shall
include
lectures,
demonstrations,
course
review,
and
a
written
examination.
EPA
recommends
the
use
of
audiovisual
materials
to
complement
lectures,
where
appropriate.
TSCA
Title
II
does
not
require
accreditation
for
persons
performing
the
management
planner
role
in
public
and
commercial
buildings.
Nevertheless,
such
persons
may
find
this
training
and
accreditation
helpful
in
preparing
them
to
design
or
administer
asbestos
operations
and
maintenance
programs
for
public
and
commercial
buildings.
The
management
planner
training
course
shall
adequately
address
the
following
topics:
(
a)
Course
overview.
The
role
and
responsibilities
of
the
management
planner;
operations
and
maintenance
programs;
setting
work
priorities;
protection
of
building
occupants.
(
b)
Evaluation/
interpretation
of
survey
results.
Review
of
TSCA
Title
II
requirements
for
inspection
and
management
plans
for
school
buildings
as
given
in
section
203(
i)(
1)
of
TSCA
Title
II;
interpretation
of
field
data
and
laboratory
results;
comparison
of
field
inspector's
data
sheet
with
laboratory
results
and
site
survey.
D­
9
(
c)
Hazard
assessment.
Amplification
of
the
difference
between
physical
assessment
and
hazard
assessment;
the
role
of
the
management
planner
in
hazard
assessment;
explanation
of
significant
damage,
damage,
potential
damage,
and
potential
significant
damage;
use
of
a
description
(
or
decision
tree)
code
for
assessment
of
ACM;
assessment
of
friable
ACM;
relationship
of
accessibility,
vibration
sources,
use
of
adjoining
space,
and
air
plenums
and
other
factors
to
hazard
assessment.
(
d)
Legal
implications.
Liability;
insurance
issues
specific
to
planners;
liabilities
associated
with
interim
control
measures,
in­
house
maintenance,
repair,
and
removal;
use
of
results
from
previously
performed
inspections.
(
e)
Evaluation
and
selection
of
control
options.
Overview
of
encapsulation,
enclosure,
interim
operations
and
maintenance,
and
removal;
advantages
and
disadvantages
of
each
method;
response
actions
described
via
a
decision
tree
or
other
appropriate
method;
work
practices
for
each
response
action;
staging
and
prioritizing
of
work
in
both
vacant
and
occupied
buildings;
the
need
for
containment
barriers
and
decontamination
in
response
actions.
(
f)
Role
of
other
professionals.
Use
of
industrial
hygienists,
engineers,
and
architects
in
developing
technical
specifications
for
response
actions;
any
requirements
that
may
exist
for
architect
sign­
off
of
plans;
team
approach
to
design
of
high­
quality
job
specifications.
(
g)
Developing
an
operations
and
maintenance
(
O&
M)
plan.
Purpose
of
the
plan;
discussion
of
applicable
EPA
guidance
documents;
what
actions
should
be
taken
by
custodial
staff;
proper
cleaning
procedures;
steam
cleaning
and
HEPA
vacuuming;
reducing
disturbance
of
ACM;
scheduling
O&
M
for
off­
hours;
rescheduling
or
canceling
renovation
in
areas
with
ACM;
boiler
room
maintenance;
disposal
of
ACM;
in­
house
procedures
for
ACM­­
bridging
and
penetrating
encapsulants;
pipe
fittings;
metal
sleeves;
polyvinyl
chloride
(
PVC),
canvas,
and
wet
wraps;
muslin
with
straps,
fiber
mesh
cloth;
mineral
wool,
and
insulating
cement;
discussion
of
employee
protection
programs
and
staff
training;
case
study
in
developing
an
O&
M
plan
(
development,
implementation
process,
and
problems
that
have
been
experienced).
(
h)
Regulatory
review.
Focusing
on
the
OSHA
Asbestos
Construction
Standard
found
at
29
CFR
1926.58;
the
National
Emission
Standard
for
Hazardous
Air
Pollutants
(
NESHAP)
found
at
40
CFR
part
61,
Subparts
A
(
General
Provisions)
and
M
(
National
Emission
Standard
for
Asbestos);
EPA
Worker
Protection
Rule
found
at
40
CFR
part
763,
Subpart
G;
TSCA
Title
II;
applicable
State
regulations.
(
i)
Recordkeeping
for
the
management
planner.
Use
of
field
inspector's
data
sheet
along
with
laboratory
results;
on­
going
recordkeeping
as
a
means
to
track
asbestos
disturbance;
procedures
for
recordkeeping.
EPA
recommends
that
States
require
the
use
of
standardized
forms
for
purposes
of
management
plans
and
incorporate
the
use
of
such
forms
into
the
initial
training
course
for
management
planners.
(
j)
Assembling
and
submitting
the
management
plan.
Plan
requirements
for
schools
in
TSCA
Title
II
section
203(
i)(
1);
the
management
plan
as
a
planning
tool.
(
k)
Financing
abatement
actions.
Economic
analysis
and
cost
estimates;
development
of
cost
estimates;
present
costs
of
abatement
versus
future
operation
and
maintenance
costs;
Asbestos
School
Hazard
Abatement
Act
grants
and
loans.
(
l)
Course
review.
A
review
of
key
aspects
of
the
training
course.
D­
10
5.
Project
Designer
A
person
must
be
accredited
as
a
project
designer
to
design
any
of
the
following
activities
with
respect
to
friable
ACBM
in
a
school
or
public
and
commercial
building:
(
1)
A
response
action
other
than
a
SSSD
maintenance
activity,
(
2)
a
maintenance
activity
that
disturbs
friable
ACBM
other
than
a
SSSD
maintenance
activity,
or
(
3)
a
response
action
for
a
major
fiber
release
episode.
All
persons
seeking
accreditation
as
a
project
designer
shall
complete
at
least
a
minimum
3­
day
training
course
as
outlined
below.
The
project
designer
course
shall
include
lectures,
demonstrations,
a
field
trip,
course
review
and
a
written
examination.
EPA
recommends
the
use
of
audiovisual
materials
to
complement
lectures,
where
appropriate.
The
abatement
project
designer
training
course
shall
adequately
address
the
following
topics:
(
a)
Background
information
on
asbestos.
Identification
of
asbestos;
examples
and
discussion
of
the
uses
and
locations
of
asbestos
in
buildings;
physical
appearance
of
asbestos.
(
b)
Potential
health
effects
related
to
asbestos
exposure.
Nature
of
asbestos­
related
diseases;
routes
of
exposure;
dose­
response
relationships
and
the
lack
of
a
safe
exposure
level;
the
synergistic
effect
between
cigarette
smoking
and
asbestos
exposure;
the
latency
period
of
asbestos­
related
diseases;
a
discussion
of
the
relationship
between
asbestos
exposure
and
asbestosis,
lung
cancer,
mesothelioma,
and
cancers
of
other
organs.
(
c)
Overview
of
abatement
construction
projects.
Abatement
as
a
portion
of
a
renovation
project;
OSHA
requirements
for
notification
of
other
contractors
on
a
multi­
employer
site
(
29
CFR
1926.58).
(
d)
Safety
system
design
specifications.
Design,
construction,
and
maintenance
of
containment
barriers
and
decontamination
enclosure
systems;
positioning
of
warning
signs;
electrical
and
ventilation
system
lock­
out;
proper
working
techniques
for
minimizing
fiber
release;
entry
and
exit
procedures
for
the
work
area;
use
of
wet
methods;
proper
techniques
for
initial
cleaning;
use
of
negative­
pressure
exhaust
ventilation
equipment;
use
of
HEPA
vacuums;
proper
clean­
up
and
disposal
of
asbestos;
work
practices
as
they
apply
to
encapsulation,
enclosure,
and
repair;
use
of
glove
bags
and
a
demonstration
of
glove
bag
use.
(
e)
Field
trip.
A
visit
to
an
abatement
site
or
other
suitable
building
site,
including
on­
site
discussions
of
abatement
design
and
building
walk­
through
inspection.
Include
discussion
of
rationale
for
the
concept
of
functional
spaces
during
the
walk­
through.
(
f)
Employee
personal
protective
equipment.
Classes
and
characteristics
of
respirator
types;
limitations
of
respirators;
proper
selection,
inspection;
donning,
use,
maintenance,
and
storage
procedures
for
respirators;
methods
for
field
testing
of
the
facepiece­
to­
face
seal
(
positive
and
negative­
pressure
fit
checks);
qualitative
and
quantitative
fit
testing
procedures;
variability
between
field
and
laboratory
protection
factors
that
alter
respiratory
fit
(
e.
g.,
facial
hair);
the
components
of
a
proper
respiratory
protection
program;
selection
and
use
of
personal
protective
clothing;
use,
storage,
and
handling
of
non­
disposable
clothing.
(
g)
Additional
safety
hazards.
Hazards
encountered
during
abatement
activities
and
how
to
deal
with
them,
including
electrical
hazards,
heat
stress,
air
contaminants
other
than
asbestos,
fire,
and
explosion
hazards.
(
h)
Fiber
aerodynamics
and
control.
Aerodynamic
characteristics
of
asbestos
fibers;
importance
of
proper
containment
barriers;
settling
time
for
asbestos
fibers;
wet
methods
in
abatement;
D­
11
aggressive
air
monitoring
following
abatement;
aggressive
air
movement
and
negative­
pressure
exhaust
ventilation
as
a
clean­
up
method.
(
i)
Designing
abatement
solutions.
Discussions
of
removal,
enclosure,
and
encapsulation
methods;
asbestos
waste
disposal.
(
j)
Final
clearance
process.
Discussion
of
the
need
for
a
written
sampling
rationale
for
aggressive
final
air
clearance;
requirements
of
a
complete
visual
inspection;
and
the
relationship
of
the
visual
inspection
to
final
air
clearance.
EPA
recommends
the
use
of
TEM
for
analysis
of
final
air
clearance
samples.
These
samples
should
be
analyzed
by
laboratories
accredited
under
the
NIST
NVLAP.
(
k)
Budgeting/
cost
estimating.
Development
of
cost
estimates;
present
costs
of
abatement
versus
future
operation
and
maintenance
costs;
setting
priorities
for
abatement
jobs
to
reduce
costs.
(
l)
Writing
abatement
specifications.
Preparation
of
and
need
for
a
written
project
design;
means
and
methods
specifications
versus
performance
specifications;
design
of
abatement
in
occupied
buildings;
modification
of
guide
specifications
for
a
particular
building;
worker
and
building
occupant
health/
medical
considerations;
replacement
of
ACM
with
non­
asbestos
substitutes.
(
m)
Preparing
abatement
drawings.
Significance
and
need
for
drawings,
use
of
as­
built
drawings
as
base
drawings;
use
of
inspection
photographs
and
on­
site
reports;
methods
of
preparing
abatement
drawings;
diagraming
containment
barriers;
relationship
of
drawings
to
design
specifications;
particular
problems
related
to
abatement
drawings.
(
n)
Contract
preparation
and
administration.
(
o)
Legal/
liabilities/
defenses.
Insurance
considerations;
bonding;
hold­
harmless
clauses;
use
of
abatement
contractor's
liability
insurance;
claims
made
versus
occurrence
policies.
(
p)
Replacement.
Replacement
of
asbestos
with
asbestos­
free
substitutes.
(
q)
Role
of
other
consultants.
Development
of
technical
specification
sections
by
industrial
hygienists
or
engineers;
the
multi­
disciplinary
team
approach
to
abatement
design.
(
r)
Occupied
buildings.
Special
design
procedures
required
in
occupied
buildings;
education
of
occupants;
extra
monitoring
recommendations;
staging
of
work
to
minimize
occupant
exposure;
scheduling
of
renovation
to
minimize
exposure.
(
s)
Relevant
Federal,
State,
and
local
regulatory
requirements,
procedures
and
standards,
including,
but
not
limited
to:
(
i)
Requirements
of
TSCA
Title
II.
(
ii)
National
Emission
Standards
for
Hazardous
Air
Pollutants,
(
40
CFR
part
61)
subparts
A
(
General
Provisions)
and
M
(
National
Emission
Standard
for
Asbestos).
(
iii)
OSHA
Respirator
Standard
found
at
29
CFR
1910.134.
(
iv)
EPA
Worker
Protection
Rule
found
at
40
CFR
part
763,
subpart
G.
(
v)
OSHA
Asbestos
Construction
Standard
found
at
29
CFR
1926.58.
(
vi)
OSHA
Hazard
Communication
Standard
found
at
29
CFR
1926.59.
(
t)
Course
review.
A
review
of
key
aspects
of
the
training
course.
D­
12
6.
Project
Monitor
EPA
recommends
that
States
adopt
training
and
accreditation
requirements
for
persons
seeking
to
perform
work
as
project
monitors.
Project
monitors
observe
abatement
activities
performed
by
contractors
and
generally
serve
as
a
building
owner's
representative
to
ensure
that
abatement
work
is
completed
according
to
specification
and
in
compliance
with
all
relevant
statutes
and
regulations.
They
may
also
perform
the
vital
role
of
air
monitoring
for
purposes
of
determining
final
clearance.
EPA
recommends
that
a
State
seeking
to
accredit
individuals
as
project
monitors
consider
adopting
a
minimum
5­
day
training
course
covering
the
topics
outlined
below.
The
course
outlined
below
consists
of
lectures
and
demonstrations,
at
least
6
hours
of
hands­
on
training,
course
review,
and
a
written
examination.
The
hands­
on
training
component
might
be
satisfied
by
having
the
student
simulate
participation
in
or
performance
of
any
of
the
relevant
job
functions
or
activities
(
or
by
incorporation
of
the
workshop
component
described
in
item
''
n''
below
of
this
unit).
EPA
recommends
that
the
project
monitor
training
course
adequately
address
the
following
topics:
(
a)
Roles
and
responsibilities
of
the
project
monitor.
Definition
and
responsibilities
of
the
project
monitor,
including
regulatory/
specification
compliance
monitoring,
air
monitoring,
conducting
visual
inspections,
and
final
clearance
monitoring.
(
b)
Characteristics
of
asbestos
and
asbestos­
containing
materials.
Typical
uses
of
asbestos;
physical
appearance
of
asbestos;
review
of
asbestos
abatement
and
control
techniques;
presentation
of
the
health
effects
of
asbestos
exposure,
including
routes
of
exposure,
doseresponse
relationships,
and
latency
periods
for
asbestos­
related
diseases.
(
c)
Federal
asbestos
regulations.
Overview
of
pertinent
EPA
regulations,
including:
NESHAP,
40
CFR
part
61,
subparts
A
and
M;
AHERA,
40
CFR
part
763,
subpart
E;
and
the
EPA
Worker
Protection
Rule,
40
CFR
part
763,
subpart
G.
Overview
of
pertinent
OSHA
regulations,
including:
Construction
Industry
Standard
for
Asbestos,
29
CFR
1926.58;
Respirator
Standard,
29
CFR
1910.134;
and
the
Hazard
Communication
Standard,
29
CFR
1926.59.
Applicable
State
and
local
asbestos
regulations;
regulatory
interrelationships.
(
d)
Understanding
building
construction
and
building
systems.
Building
construction
basics,
building
physical
plan
layout;
understanding
building
systems
(
HVAC,
electrical,
etc.);
layout
and
organization,
where
asbestos
is
likely
to
be
found
on
building
systems;
renovations
and
the
effect
of
asbestos
abatement
on
building
systems.
(
e)
Asbestos
abatement
contracts,
specifications,
and
drawings.
Basic
provisions
of
the
contract;
relationships
between
principle
parties,
establishing
chain
of
command;
types
of
specifications,
including
means
and
methods,
performance,
and
proprietary
and
nonproprietary;
reading
and
interpreting
records
and
abatement
drawings;
discussion
of
change
orders;
common
enforcement
responsibilities
and
authority
of
project
monitor.
(
f)
Response
actions
and
abatement
practices.
Pre­
work
inspections;
pre­
work
considerations,
precleaning
of
the
work
area,
removal
of
furniture,
fixtures,
and
equipment;
shutdown/
modification
of
building
systems;
construction
and
maintenance
of
containment
barriers,
proper
demarcation
of
work
areas;
work
area
entry/
exit,
hygiene
practices;
determining
the
effectiveness
of
air
filtration
equipment;
techniques
for
minimizing
fiber
release,
wet
methods,
continuous
D­
13
cleaning;
abatement
methods
other
than
removal;
abatement
area
clean­
up
procedures;
waste
transport
and
disposal
procedures;
contingency
planning
for
emergency
response.
(
g)
Asbestos
abatement
equipment.
Typical
equipment
found
on
an
abatement
project;
air
filtration
devices,
vacuum
systems,
negative
pressure
differential
monitoring;
HEPA
filtration
units,
theory
of
filtration,
design/
construction
of
HEPA
filtration
units,
qualitative
and
quantitative
performance
of
HEPA
filtration
units,
sizing
the
ventilation
requirements,
location
of
HEPA
filtration
units,
qualitative
and
quantitative
tests
of
containment
barrier
integrity;
best
available
technology.
(
h)
Personal
protective
equipment.
Proper
selection
of
respiratory
protection;
classes
and
characteristics
of
respirator
types,
limitations
of
respirators;
proper
use
of
other
safety
equipment,
protective
clothing
selection,
use,
and
proper
handling,
hard/
bump
hats,
safety
shoes;
breathing
air
systems,
high
pressure
v.
low
pressure,
testing
for
Grade
D
air,
determining
proper
backup
air
volumes.
(
i)
Air
monitoring
strategies.
Sampling
equipment,
sampling
pumps
(
low
v.
high
volume),
flow
regulating
devices
(
critical
and
limiting
orifices),
use
of
fibrous
aerosol
monitors
on
abatement
projects;
sampling
media,
types
of
filters,
types
of
cassettes,
filter
orientation,
storage
and
shipment
of
filters;
calibration
techniques,
primary
calibration
standards,
secondary
calibration
standards,
temperature/
pressure
effects,
frequency
of
calibration,
recordkeeping
and
field
work
documentation,
calculations;
air
sample
analysis,
techniques
available
and
limitations
of
AHERA
on
their
use,
transmission
electron
microscopy
(
background
to
sample
preparation
and
analysis,
air
sample
conditions
which
prohibit
analysis,
EPA's
recommended
technique
for
analysis
of
final
air
clearance
samples),
phase
contrast
microscopy
(
background
to
sample
preparation,
and
AHERA's
limits
on
the
use
of
phase
contrast
microscopy),
what
each
technique
measures;
analytical
methodologies,
AHERA
TEM
protocol,
NIOSH
7400,
OSHA
reference
method
(
non
clearance),
EPA
recommendation
for
clearance
(
TEM);
sampling
strategies
for
clearance
monitoring,
types
of
air
samples
(
personal
breathing
zone
v.
fixed­
station
area)
sampling
location
and
objectives
(
pre­
abatement,
during
abatement,
and
clearance
monitoring),
number
of
samples
to
be
collected,
minimum
and
maximum
air
volumes,
clearance
monitoring
(
post­
visual­
inspection)
(
number
of
samples
required,
selection
of
sampling
locations,
period
of
sampling,
aggressive
sampling,
interpretations
of
sampling
results,
calculations),
quality
assurance;
special
sampling
problems,
crawl
spaces,
acceptable
samples
for
laboratory
analysis,
sampling
in
occupied
buildings
(
barrier
monitoring).
(
j)
Safety
and
health
issues
other
than
asbestos.
Confined­
space
entry,
electrical
hazards,
fire
and
explosion
concerns,
ladders
and
scaffolding,
heat
stress,
air
contaminants
other
than
asbestos,
fall
hazards,
hazardous
materials
on
abatement
projects.
(
k)
Conducting
visual
inspections.
Inspections
during
abatement,
visual
inspections
using
the
ASTM
E1368
document;
conducting
inspections
for
completeness
of
removal;
discussion
of
''
how
clean
is
clean?''
(
l)
Legal
responsibilities
and
liabilities
of
project
monitors.
Specification
enforcement
capabilities;
regulatory
enforcement;
licensing;
powers
delegated
to
project
monitors
through
contract
documents.
(
m)
Recordkeeping
and
report
writing.
Developing
project
logs/
daily
logs
(
what
should
be
included,
who
sees
them);
final
report
preparation;
recordkeeping
under
Federal
regulations.
D­
14
(
n)
Workshops
(
6
hours
spread
over
3
days).
Contracts,
specifications,
and
drawings:
This
workshop
could
consist
of
each
participant
being
issued
a
set
of
contracts,
specifications,
and
drawings
and
then
being
asked
to
answer
questions
and
make
recommendations
to
a
project
architect,
engineer
or
to
the
building
owner
based
on
given
conditions
and
these
documents.
Air
monitoring
strategies/
asbestos
abatement
equipment:
This
workshop
could
consist
of
simulated
abatement
sites
for
which
sampling
strategies
would
have
to
be
developed
(
i.
e.,
occupied
buildings,
industrial
situations).
Through
demonstrations
and
exhibition,
the
project
monitor
may
also
be
able
to
gain
a
better
understanding
of
the
function
of
various
pieces
of
equipment
used
on
abatement
projects
(
air
filtration
units,
water
filtration
units,
negative
pressure
monitoring
devices,
sampling
pump
calibration
devices,
etc.).
Conducting
visual
inspections:
This
workshop
could
consist,
ideally,
of
an
interactive
video
in
which
a
participant
is
''
taken
through''
a
work
area
and
asked
to
make
notes
of
what
is
seen.
A
series
of
questions
will
be
asked
which
are
designed
to
stimulate
a
person's
recall
of
the
area.
This
workshop
could
consist
of
a
series
of
two
or
three
videos
with
different
site
conditions
and
different
degrees
of
cleanliness.

C.
Examinations
1.
Each
State
shall
administer
a
closed
book
examination
or
designate
other
entities
such
as
State­
approved
providers
of
training
courses
to
administer
the
closed­
book
examination
to
persons
seeking
accreditation
who
have
completed
an
initial
training
course.
Demonstration
testing
may
also
be
included
as
part
of
the
examination.
A
person
seeking
initial
accreditation
in
a
specific
discipline
must
pass
the
examination
for
that
discipline
in
order
to
receive
accreditation.
For
example,
a
person
seeking
accreditation
as
an
abatement
project
designer
must
pass
the
State's
examination
for
abatement
project
designer.
States
may
develop
their
own
examinations,
have
providers
of
training
courses
develop
examinations,
or
use
standardized
examinations
developed
for
purposes
of
accreditation
under
TSCA
Title
II.
In
addition,
States
may
supplement
standardized
examinations
with
questions
about
State
regulations.
States
may
obtain
commercially
developed
standardized
examinations,
develop
standardized
examinations
independently,
or
do
so
in
cooperation
with
other
States,
or
with
commercial
or
non­
profit
providers
on
a
regional
or
national
basis.
EPA
recommends
the
use
of
standardized,
scientifically­
validated
testing
instruments,
which
may
be
beneficial
in
terms
of
both
promoting
competency
and
in
fostering
accreditation
reciprocity
between
States.
Each
examination
shall
adequately
cover
the
topics
included
in
the
training
course
for
that
discipline.
Each
person
who
completes
a
training
course,
passes
the
required
examination,
and
fulfills
whatever
other
requirements
the
State
imposes
must
receive
an
accreditation
certificate
in
a
specific
discipline.
Whether
a
State
directly
issues
accreditation
certificates,
or
authorizes
training
providers
to
issue
accreditation
certificates,
each
certificate
issued
to
an
accredited
person
must
contain
the
following
minimum
information:
a.
A
unique
certificate
number
b.
Name
of
accredited
person
c.
Discipline
of
the
training
course
completed.
d.
Dates
of
the
training
course.
e.
Date
of
the
examination.
D­
15
f.
An
expiration
date
of
1
year
after
the
date
upon
which
the
person
successfully
completed
the
course
and
examination.
g.
The
name,
address,
and
telephone
number
of
the
training
provider
that
issued
the
certificate.
h.
A
statement
that
the
person
receiving
the
certificate
has
completed
the
requisite
training
for
asbestos
accreditation
under
TSCA
Title
II.
States
or
training
providers
who
reaccredit
persons
based
upon
completion
of
required
refresher
training
must
also
provide
accreditation
certificates
with
all
of
the
above
information,
except
the
examination
date
may
be
omitted
if
a
State
does
not
require
a
refresher
examination
for
reaccreditation.
Where
a
State
licenses
accredited
persons
but
has
authorized
training
providers
to
issue
accreditation
certificates,
the
State
may
issue
licenses
in
the
form
of
photo­
identification
cards.
Where
this
applies,
EPA
recommends
that
the
State
licenses
should
include
all
of
the
same
information
required
for
the
accreditation
certificates.
A
State
may
also
choose
to
issue
photo­
identification
cards
in
addition
to
the
required
accreditation
certificates.
Accredited
persons
must
have
their
initial
and
current
accreditation
certificates
at
the
location
where
they
are
conducting
work.
2.
The
following
are
the
requirements
for
examination
in
each
discipline:
a.
Worker:
i.
50
multiple­
choice
questions
ii.
Passing
score:
70
percent
correct
b.
Contractor/
Supervisor:
i.
100
multiple­
choice
questions
ii.
Passing
score:
70
percent
correct
c.
Inspector:
i.
50
Multiple­
choice
questions
ii.
Passing
score:
70
percent
correct
d.
Management
Planner:
i.
50
Multiple­
choice
questions
ii.
Passing
score:
70
percent
correct
e.
Project
Designer:
i.
100
multiple­
choice
questions
ii.
Passing
score:
70
percent
correct
D.
Continuing
Education
For
all
disciplines,
a
State's
accreditation
program
shall
include
annual
refresher
training
as
a
requirement
for
reaccreditation
as
indicated
below:
1.
Workers:
One
full
day
of
refresher
training.
2.
Contractor/
Supervisors:
One
full
day
of
refresher
training.
3.
Inspectors:
One
half­
day
of
refresher
training.
4.
Management
Planners:
One
half­
day
of
inspector
refresher
training
and
one
half­
day
of
refresher
training
for
management
planners.
5.
Project
Designers:
One
full
day
of
refresher
training.
D­
16
The
refresher
courses
shall
be
specific
to
each
discipline.
Refresher
courses
shall
be
conducted
as
separate
and
distinct
courses
and
not
combined
with
any
other
training
during
the
period
of
the
refresher
course.
For
each
discipline,
the
refresher
course
shall
review
and
discuss
changes
in
Federal,
State,
and
local
regulations,
developments
in
state­
of­
the­
art
procedures,
and
a
review
of
key
aspects
of
the
initial
training
course
as
determined
by
the
State.
After
completing
the
annual
refresher
course,
persons
shall
have
their
accreditation
extended
for
an
additional
year
from
the
date
of
the
refresher
course.
A
State
may
consider
requiring
persons
to
pass
reaccreditation
examinations
at
specific
intervals
(
for
example,
every
3
years).
EPA
recommends
that
States
formally
establish
a
12­
month
grace
period
to
enable
formerly
accredited
persons
with
expired
certificates
to
complete
refresher
training
and
have
their
accreditation
status
reinstated
without
having
to
re­
take
the
initial
training
course.

E.
Qualifications
In
addition
to
requiring
training
and
an
examination,
a
State
may
require
candidates
for
accreditation
to
meet
other
qualification
and/
or
experience
standards
that
the
State
considers
appropriate
for
some
or
all
disciplines.
States
may
choose
to
consider
requiring
qualifications
similar
to
the
examples
outlined
below
for
inspectors,
management
planners
and
project
designers.
States
may
modify
these
examples
as
appropriate.
In
addition,
States
may
want
to
include
some
requirements
based
on
experience
in
performing
a
task
directly
as
a
part
of
a
job
or
in
an
apprenticeship
role.
They
may
also
wish
to
consider
additional
criteria
for
the
approval
of
training
course
instructors
beyond
those
prescribed
by
EPA.
1.
Inspectors:
Qualifications
­
possess
a
high
school
diploma.
States
may
want
to
require
an
Associate's
Degree
in
specific
fields
(
e.
g.,
environmental
or
physical
sciences).
2.
Management
Planners:
Qualifications
­
Registered
architect,
engineer,
or
certified
industrial
hygienist
or
related
scientific
field.
3.
Project
Designers:
Qualifications
­
registered
architect,
engineer,
or
certified
industrial
hygienist.
4.
Asbestos
Training
Course
Instructor:
Qualifications
­
academic
credentials
and/
or
field
experience
in
asbestos
abatement.
EPA
recommends
that
States
prescribe
minimum
qualification
standards
for
training
instructors
employed
by
training
providers.

F.
Recordkeeping
Requirements
for
Training
Providers
All
approved
providers
of
accredited
asbestos
training
courses
must
comply
with
the
following
minimum
recordkeeping
requirements.
1.
Training
course
materials.
A
training
provider
must
retain
copies
of
all
instructional
materials
used
in
the
delivery
of
the
classroom
training
such
as
student
manuals,
instructor
notebooks
and
handouts.
2.
Instructor
qualifications.
A
training
provider
must
retain
copies
of
all
instructors'
resumes,
and
the
documents
approving
each
instructor
issued
by
either
EPA
or
a
State.
Instructors
must
be
approved
by
either
EPA
or
a
State
before
teaching
courses
for
accreditation
purposes.
A
training
provider
must
notify
EPA
or
the
State,
as
appropriate,
in
advance
whenever
it
changes
course
D­
17
instructors.
Records
must
accurately
identify
the
instructors
that
taught
each
particular
course
for
each
date
that
a
course
is
offered.
3.
Examinations.
A
training
provider
must
document
that
each
person
who
receives
an
accreditation
certificate
for
an
initial
training
course
has
achieved
a
passing
score
on
the
examination.
These
records
must
clearly
indicate
the
date
upon
which
the
exam
was
administered,
the
training
course
and
discipline
for
which
the
exam
was
given,
the
name
of
the
person
who
proctored
the
exam,
a
copy
of
the
exam,
and
the
name
and
test
score
of
each
person
taking
the
exam.
The
topic
and
dates
of
the
training
course
must
correspond
to
those
listed
on
that
person's
accreditation
certificate.
States
may
choose
to
apply
these
same
requirements
to
examinations
for
refresher
training
courses.
4.
Accreditation
certificates.
The
training
providers
or
States,
whichever
issues
the
accreditation
certificate,
shall
maintain
records
that
document
the
names
of
all
persons
who
have
been
awarded
certificates,
their
certificate
numbers,
the
disciplines
for
which
accreditation
was
conferred,
training
and
expiration
dates,
and
the
training
location.
The
training
provider
or
State
shall
maintain
the
records
in
a
manner
that
allows
verification
by
telephone
of
the
required
information.
5.
Verification
of
certificate
information.
EPA
recommends
that
training
providers
of
refresher
training
courses
confirm
that
their
students
possess
valid
accreditation
before
granting
course
admission.
EPA
further
recommends
that
training
providers
offering
the
initial
management
planner
training
course
verify
that
students
have
met
the
prerequisite
of
possessing
valid
inspector
accreditation
at
the
time
of
course
admission.
6.
Records
retention
and
access.
(
a)
The
training
provider
shall
maintain
all
required
records
for
a
minimum
of
3
years.
The
training
provider,
however,
may
find
it
advantageous
to
retain
these
records
for
a
longer
period
of
time.
(
b)
The
training
provider
must
allow
reasonable
access
to
all
of
the
records
required
by
the
MAP,
and
to
any
other
records
which
may
be
required
by
States
for
the
approval
of
asbestos
training
providers
or
the
accreditation
of
asbestos
training
courses,
to
both
EPA
and
to
State
Agencies,
on
request.
EPA
encourages
training
providers
to
make
this
information
equally
accessible
to
the
general
public.
(
c)
If
a
training
provider
ceases
to
conduct
training,
the
training
provider
shall
notify
the
approving
government
body
(
EPA
or
the
State)
and
give
it
the
opportunity
to
take
possession
of
that
providers
asbestos
training
records.

G.
Deaccreditation
1.
States
must
establish
criteria
and
procedures
for
deaccrediting
persons
accredited
as
workers,
contractor/
supervisors,
inspectors,
management
planners,
and
project
designers.
States
must
follow
their
own
administrative
procedures
in
pursuing
deaccreditation
actions.
At
a
minimum,
the
criteria
shall
include:
(
a)
Performing
work
requiring
accreditation
at
a
job
site
without
being
in
physical
possession
of
initial
and
current
accreditation
certificates;
(
b)
Permitting
the
duplication
or
use
of
one's
own
accreditation
certificate
by
another;
(
c)
Performing
work
for
which
accreditation
has
not
been
received;
or
D­
18
(
d)
Obtaining
accreditation
from
a
training
provider
that
does
not
have
approval
to
offer
training
for
the
particular
discipline
from
either
EPA
or
from
a
State
that
has
a
contractor
accreditation
plan
at
least
as
stringent
as
the
EPA
MAP.
EPA
may
directly
pursue
deaccreditation
actions
without
reliance
on
State
deaccreditation
or
enforcement
authority
or
actions.
In
addition
to
the
above­
listed
situations,
the
Administrator
may
suspend
or
revoke
the
accreditation
of
persons
who
have
been
subject
to
a
final
order
imposing
a
civil
penalty
or
convicted
under
section
16
of
TSCA,
15
U.
S.
C.
2615
or
2647,
for
violations
of
40
CFR
part
763,
or
section
113
of
the
Clean
Air
Act,
42
U.
S.
C.
7413,
for
violations
of
40
CFR
part
61,
subpart
M.
2.
Any
person
who
performs
asbestos
work
requiring
accreditation
under
section
206(
a)
of
TSCA,
15
U.
S.
C.
2646(
a),
without
such
accreditation
is
in
violation
of
TSCA.
The
following
persons
are
not
accredited
for
purposes
of
section
206(
a)
of
TSCA:
(
a)
Any
person
who
obtains
accreditation
through
fraudulent
representation
of
training
or
examination
documents;
(
b)
Any
person
who
obtains
training
documentation
through
fraudulent
means;
(
c)
Any
person
who
gains
admission
to
and
completes
refresher
training
through
fraudulent
representation
of
initial
or
previous
refresher
training
documentation;
or
(
d)
Any
person
who
obtains
accreditation
through
fraudulent
representation
of
accreditation
requirements
such
as
education,
training,
professional
registration,
or
experience.

H.
Reciprocity
EPA
recommends
that
each
State
establish
reciprocal
arrangements
with
other
States
that
have
established
accreditation
programs
that
meet
or
exceed
the
requirements
of
the
MAP.
Such
arrangements
might
address
cooperation
in
licensing
determinations,
the
review
and
approval
of
training
programs
and/
or
instructors,
candidate
testing
and
exam
administration,
curriculum
development,
policy
formulation,
compliance
monitoring,
and
the
exchange
of
information
and
data.
The
benefits
to
be
derived
from
these
arrangements
include
a
potential
cost­
savings
from
the
reduction
of
duplicative
activity
and
the
attainment
of
a
more
professional
accredited
workforce
as
States
are
able
to
refine
and
improve
the
effectiveness
of
their
programs
based
upon
the
experience
and
methods
of
other
States.

II.
EPA
Approval
Process
for
State
Accreditation
Programs
A.
States
may
seek
approval
for
a
single
discipline
or
all
disciplines
as
specified
in
the
MAP.
For
example,
a
State
that
currently
only
requires
worker
accreditation
may
receive
EPA
approval
for
that
discipline
alone.
EPA
encourages
States
that
currently
do
not
have
accreditation
requirements
for
all
disciplines
required
under
section
206(
b)(
2)
of
TSCA,
15
U.
S.
C.
2646(
b)(
2),
to
seek
EPA
approval
for
those
disciplines
the
State
does
accredit.
As
States
establish
accreditation
requirements
for
the
remaining
disciplines,
the
requested
information
outlined
below
should
be
submitted
to
EPA
as
soon
as
possible.
Any
State
that
had
an
accreditation
program
approved
by
EPA
under
an
earlier
version
of
the
MAP
may
follow
the
same
procedures
to
obtain
EPA
approval
of
their
accreditation
program
under
this
MAP.
D­
19
B.
Partial
approval
of
a
State
Program
for
the
accreditation
of
one
or
more
disciplines
does
not
mean
that
the
State
is
in
full
compliance
with
TSCA
where
the
deadline
for
that
State
to
have
adopted
a
State
Plan
no
less
stringent
than
the
MAP
has
already
passed.
State
Programs
which
are
at
least
as
stringent
as
the
MAP
for
one
or
more
of
the
accredited
disciplines
may,
however,
accredit
persons
in
those
disciplines
only.
C.
States
seeking
EPA
approval
or
reapproval
of
accreditation
programs
shall
submit
the
following
information
to
the
Regional
Asbestos
Coordinator
at
their
EPA
Regional
office:
1.
A
copy
of
the
legislation
establishing
or
upgrading
the
State's
accreditation
program
(
if
applicable).
2.
A
copy
of
the
State's
accreditation
regulations
or
revised
regulations.
3.
A
letter
to
the
Regional
Asbestos
Coordinator
that
clearly
indicates
how
the
State
meets
the
program
requirements
of
this
MAP.
Addresses
for
each
of
the
Regional
Asbestos
Coordinators
are
shown
below:
EPA,
Region
I,
(
ATC­
111)
Asbestos
Coordinator,
JFK
Federal
Bldg.,
Boston,
MA
02203­
2211,
(
617)
565­
3836.
EPA,
Region
II,
(
MS­
500),
Asbestos
Coordinator,
2890
Woodbridge
Ave.,
Edison,
NJ
08837­
3679,
(
908)
321­
6671.
EPA,
Region
III,
(
3AT­
33),
Asbestos
Coordinator,
841
Chestnut
Bldg.,
Philadelphia,
PA
19107,
(
215)
597­
3160.
EPA,
Region
IV,
Asbestos
Coordinator,
345
Courtland
St.,
N.
E.,
Atlanta,
GA
30365,
(
404)
347­
5014.
EPA,
Region
V,
(
SP­
14J),
Asbestos
Coordinator,
77
W.
Jackson
Blvd.,
Chicago,
IL
60604­
3590,
(
312)
886­
6003.
EPA,
Region
VI,
(
6T­
PT),
Asbestos
Coordinator,
1445
Ross
Ave.
Dallas,
TX
75202­
2744,
(
214)
655­
7244.
EPA,
Region
VII,
(
ARTX/
ASBS),
Asbestos
Coordinator,
726
Minnesota
Ave.,
Kansas
City,
KS
66101,
(
913)
551­
7020.
EPA,
Region
VIII,
(
8AT­
TS),
Asbestos
Coordinator,
1
Denver
Place,
Suite
500
999
­
18th
St.,
Denver,
CO
80202­
2405,
(
303)
293­
1442.
EPA,
Region
IX,
(
A­
4­
4),
Asbestos
Coordinator,
75
Hawthorne
St.,
San
Francisco,
CA
94105,
(
415)
744­
1128.
EPA,
Region
X,
(
AT­
083),
Asbestos
Coordinator,
1200
Sixth
Ave.,
Seattle,
WA
98101,
(
206)
553­
4762.
EPA
maintains
a
listing
of
all
those
States
that
have
applied
for
and
received
EPA
approval
for
having
accreditation
requirements
that
are
at
least
as
stringent
as
the
MAP
for
one
or
more
disciplines.
Any
training
courses
approved
by
an
EPA­
approved
State
Program
are
considered
to
be
EPA­
approved
for
purposes
of
accreditation.

III.
Approval
of
Training
Courses
Individuals
or
groups
wishing
to
sponsor
training
courses
for
disciplines
required
to
be
accredited
under
section
206(
b)(
1)(
A)
of
TSCA,
15
U.
S.
C.
2646(
b)(
1)(
A),
may
apply
for
approval
from
States
that
have
accreditation
program
requirements
that
are
at
least
as
stringent
as
this
MAP.
For
a
course
to
receive
approval,
it
must
meet
the
requirements
for
the
course
as
D­
20
outlined
in
this
MAP,
and
any
other
requirements
imposed
by
the
State
from
which
approval
is
being
sought.
Courses
that
have
been
approved
by
a
State
with
an
accreditation
program
at
least
as
stringent
as
this
MAP
are
approved
under
section
206(
a)
of
TSCA,
15
U.
S.
C.
2646(
a),
for
that
particular
State,
and
also
for
any
other
State
that
does
not
have
an
accreditation
program
as
stringent
as
this
MAP.

A.
Initial
Training
Course
Approval
A
training
provider
must
submit
the
following
minimum
information
to
a
State
as
part
of
its
application
for
the
approval
of
each
training
course:
1.
The
course
provider's
name,
address,
and
telephone
number.
2.
A
list
of
any
other
States
that
currently
approve
the
training
course.
3.
The
course
curriculum.
4.
A
letter
from
the
provider
of
the
training
course
that
clearly
indicates
how
the
course
meets
the
MAP
requirements
for:
a.
Length
of
training
in
days.
b.
Amount
and
type
of
hands­
on
training.
c.
Examination
(
length,
format,
and
passing
score).
d.
Topics
covered
in
the
course.
5.
A
copy
of
all
course
materials
(
student
manuals,
instructor
notebooks,
handouts,
etc.).
6.
A
detailed
statement
about
the
development
of
the
examination
used
in
the
course.
7.
Names
and
qualifications
of
all
course
instructors.
Instructors
must
have
academic
and/
or
field
experience
in
asbestos
abatement.
8.
A
description
of
and
an
example
of
the
numbered
certificates
issued
to
students
who
attend
the
course
and
pass
the
examination.

B.
Refresher
Training
Course
Approval
The
following
minimum
information
is
required
for
approval
of
refresher
training
courses
by
States:
1.
The
length
of
training
in
half­
days
or
days.
2.
The
topics
covered
in
the
course.
3.
A
copy
of
all
course
materials
(
student
manuals,
instructor
notebooks,
handouts,
etc.).
4.
The
names
and
qualifications
of
all
course
instructors.
Instructors
must
have
academic
and/
or
field
experience
in
asbestos
abatement.
5.
A
description
of
and
an
example
of
the
numbered
certificates
issued
to
students
who
complete
the
refresher
course
and
pass
the
examination,
if
required.

C.
Withdrawal
of
Training
Course
Approval
States
must
establish
criteria
and
procedures
for
suspending
or
withdrawing
approval
from
accredited
training
programs.
States
should
follow
their
own
administrative
procedures
in
pursuing
actions
for
suspension
or
withdrawal
of
approval
of
training
programs.
At
a
minimum,
the
criteria
shall
include:
D­
21
(
1)
Misrepresentation
of
the
extent
of
a
training
course's
approval
by
a
State
or
EPA;
(
2)
Failure
to
submit
required
information
or
notifications
in
a
timely
manner;
(
3)
Failure
to
maintain
requisite
records;
(
4)
Falsification
of
accreditation
records,
instructor
qualifications,
or
other
accreditation
information;
or
(
5)
Failure
to
adhere
to
the
training
standards
and
requirements
of
the
EPA
MAP
or
State
Accreditation
Program,
as
appropriate.
In
addition
to
the
criteria
listed
above,
EPA
may
also
suspend
or
withdraw
a
training
course's
approval
where
an
approved
training
course
instructor,
or
other
person
with
supervisory
authority
over
the
delivery
of
training
has
been
found
in
violation
of
other
asbestos
regulations
administered
by
EPA.
An
administrative
or
judicial
finding
of
violation,
or
execution
of
a
consent
agreement
and
order
under
40
CFR
22.18,
constitutes
evidence
of
a
failure
to
comply
with
relevant
statutes
or
regulations.
States
may
wish
to
adopt
this
criterion
modified
to
include
their
own
asbestos
statutes
or
regulations.
EPA
may
also
suspend
or
withdraw
approval
of
training
programs
where
a
training
provider
has
submitted
false
information
as
a
part
of
the
self­
certification
required
under
Unit
V.
B.
of
the
revised
MAP.
Training
course
providers
shall
permit
representatives
of
EPA
or
the
State
which
approved
their
training
courses
to
attend,
evaluate,
and
monitor
any
training
course
without
charge.
EPA
or
State
compliance
inspection
staff
are
not
required
to
give
advance
notice
of
their
inspections.
EPA
may
suspend
or
withdraw
State
or
EPA
approval
of
a
training
course
based
upon
the
criteria
specified
in
this
Unit
III.
C.

IV.
EPA
Procedures
for
Suspension
or
Revocation
of
Accreditation
or
Training
Course
Approval.

A.
If
the
Administrator
decides
to
suspend
or
revoke
the
accreditation
of
any
person
or
suspend
or
withdraw
the
approval
of
a
training
course,
the
Administrator
will
notify
the
affected
entity
of
the
following:
1.
The
grounds
upon
which
the
suspension,
revocation,
or
withdrawal
is
based.
2.
The
time
period
during
which
the
suspension,
revocation,
or
withdrawal
is
effective,
whether
permanent
or
otherwise.
3.
The
conditions,
if
any,
under
which
the
affected
entity
may
receive
accreditation
or
approval
in
the
future.
4.
Any
additional
conditions
which
the
Administrator
may
impose.
5.
The
opportunity
to
request
a
hearing
prior
to
final
Agency
action
to
suspend
or
revoke
accreditation
or
suspend
or
withdraw
approval.
B.
If
a
hearing
is
requested
by
the
accredited
person
or
training
course
provider
pursuant
to
the
preceding
paragraph,
the
Administrator
will:
1.
Notify
the
affected
entity
of
those
assertions
of
law
and
fact
upon
which
the
action
to
suspend,
revoke,
or
withdraw
is
based.
2.
Provide
the
affected
entity
an
opportunity
to
offer
written
statements
of
facts,
explanations,
comments,
and
arguments
relevant
to
the
proposed
action.
3.
Provide
the
affected
entity
such
other
procedural
opportunities
as
the
Administrator
may
deem
appropriate
to
ensure
a
fair
and
impartial
hearing.
D­
22
4.
Appoint
an
EPA
attorney
as
Presiding
Officer
to
conduct
the
hearing.
No
person
shall
serve
as
Presiding
Officer
if
he
or
she
has
had
any
prior
connection
with
the
specific
case.
C.
The
Presiding
Officer
appointed
pursuant
to
the
preceding
paragraph
shall:
1.
Conduct
a
fair,
orderly,
and
impartial
hearing,
without
unnecessary
delay.
2.
Consider
all
relevant
evidence,
explanation,
comment,
and
argument
submitted
pursuant
to
the
preceding
paragraph.
3.
Promptly
notify
the
affected
entity
of
his
or
her
decision
and
order.
Such
an
order
is
a
final
Agency
action.
D.
If
the
Administrator
determines
that
the
public
health,
interest,
or
welfare
warrants
immediate
action
to
suspend
the
accreditation
of
any
person
or
the
approval
of
any
training
course
provider,
the
Administrator
will:
1.
Notify
the
affected
entity
of
the
grounds
upon
which
the
emergency
suspension
is
based;
2.
Notify
the
affected
entity
of
the
time
period
during
which
the
emergency
suspension
is
effective.
3.
Notify
the
affected
entity
of
the
Administrator's
intent
to
suspend
or
revoke
accreditation
or
suspend
or
withdraw
training
course
approval,
as
appropriate,
in
accordance
with
Unit
IV.
A.
above.
If
such
suspension,
revocation,
or
withdrawal
notice
has
not
previously
been
issued,
it
will
be
issued
at
the
same
time
the
emergency
suspension
notice
is
issued.
E.
Any
notice,
decision,
or
order
issued
by
the
Administrator
under
this
section,
and
any
documents
filed
by
an
accredited
person
or
approved
training
course
provider
in
a
hearing
under
this
section,
shall
be
available
to
the
public
except
as
otherwise
provided
by
section
14
of
TSCA
or
by
40
CFR
part
2.
Any
such
hearing
at
which
oral
testimony
is
presented
shall
be
open
to
the
public,
except
that
the
Presiding
Officer
may
exclude
the
public
to
the
extent
necessary
to
allow
presentation
of
information
which
may
be
entitled
to
confidential
treatment
under
section
14
of
TSCA
or
40
CFR
part
2.

V.
Implementation
Schedule
The
various
requirements
of
this
MAP
become
effective
in
accordance
with
the
following
schedules:

A.
Requirements
applicable
to
State
Programs
1.
Each
State
shall
adopt
an
accreditation
plan
that
is
at
least
as
stringent
as
this
MAP
within
180
days
after
the
commencement
of
the
first
regular
session
of
the
legislature
of
the
State
that
is
convened
on
or
after
April
4,
1994.
2.
If
a
State
has
adopted
an
accreditation
plan
at
least
as
stringent
as
this
MAP
as
of
April
4,
1994,
the
State
may
continue
to:
a.
Conduct
TSCA
training
pursuant
to
this
MAP.
b.
Approve
training
course
providers
to
conduct
training
and
to
issue
accreditation
that
satisfies
the
requirements
for
TSCA
accreditation
under
this
MAP.
c.
Issue
accreditation
that
satisfies
the
requirements
for
TSCA
accreditation
under
this
MAP.
3.
A
State
that
had
complied
with
an
earlier
version
of
the
MAP,
but
has
not
adopted
an
accreditation
plan
at
least
as
stringent
as
this
MAP
by
April
4,
1994,
may:
D­
23
a.
Conduct
TSCA
training
which
remains
in
compliance
with
the
requirements
of
Unit
V.
B.
of
this
MAP.
After
such
training
has
been
self­
certified
in
accordance
with
Unit
V.
B.
of
this
MAP,
the
State
may
issue
accreditation
that
satisfies
the
requirement
for
TSCA
accreditation
under
this
MAP.
b.
Sustain
its
approval
for
any
training
course
providers
to
conduct
training
and
issue
TSCA
accreditation
that
the
State
had
approved
before
April
4,
1994,
and
that
remain
in
compliance
with
Unit
V.
B.
of
this
MAP.
c.
Issue
accreditation
pursuant
to
an
earlier
version
of
the
MAP
that
provisionally
satisfies
the
requirement
for
TSCA
accreditation
until
October
4,
1994.
Such
a
State
may
not
approve
new
TSCA
training
course
providers
to
conduct
training
or
to
issue
TSCA
accreditation
that
satisfies
the
requirements
of
this
MAP
until
the
State
adopts
an
accreditation
plan
that
is
at
least
as
stringent
as
this
MAP.
4.
A
State
that
had
complied
with
an
earlier
version
of
the
MAP,
but
fails
to
adopt
a
plan
as
stringent
as
this
MAP
by
the
deadline
established
in
Unit
V.
A.
1.,
is
subject
to
the
following
after
that
deadline
date:
a.
The
State
loses
any
status
it
may
have
held
as
an
EPA­
approved
State
for
accreditation
purposes
under
section
206
of
TSCA,
15
U.
S.
C.
2646.
b.
All
training
course
providers
approved
by
the
State
lose
State
approval
to
conduct
training
and
issue
accreditation
that
satisfies
the
requirements
for
TSCA
accreditation
under
this
MAP.
c.
The
State
may
not:
i.
Conduct
training
for
accreditation
purposes
under
section
206
of
TSCA,
15
U.
S.
C.
2646.
ii.
Approve
training
course
providers
to
conduct
training
or
issue
accreditation
that
satisfies
the
requirements
for
TSCA
accreditation;
or
iii.
Issue
accreditation
that
satisfies
the
requirement
for
TSCA
accreditation.
EPA
will
extend
EPA­
approval
to
any
training
course
provider
that
loses
State
approval
because
the
State
does
not
comply
with
the
deadline,
so
long
as
the
provider
is
in
compliance
with
Unit
V.
B.
of
this
MAP,
and
the
provider
is
approved
by
a
State
that
had
complied
with
an
earlier
version
of
the
MAP
as
of
the
day
before
the
State
loses
its
EPA
approval.
5.
A
State
that
does
not
have
an
accreditation
program
that
satisfies
the
requirements
for
TSCA
accreditation
under
either
an
earlier
version
of
the
MAP
or
this
MAP,
may
not:
a.
Conduct
training
for
accreditation
purposes
under
section
206
of
TSCA,
15
U.
S.
C.
2646;
b.
Approve
training
course
providers
to
conduct
training
or
issue
accreditation
that
satisfies
the
requirements
for
TSCA
accreditation;
or
c.
Issue
accreditation
that
satisfies
the
requirement
for
TSCA
accreditation.

B.
Requirements
applicable
to
Training
Courses
and
Providers
As
of
October
4,
1994,
an
approved
training
provider
must
certify
to
EPA
and
to
any
State
that
has
approved
the
provider
for
TSCA
accreditation,
that
each
of
the
provider's
training
courses
complies
with
the
requirements
of
this
MAP.
The
written
submission
must
document
in
specific
detail
the
changes
made
to
each
training
course
in
order
to
comply
with
the
requirements
of
this
MAP
and
clearly
state
that
the
provider
is
also
in
compliance
with
all
other
requirements
of
this
MAP,
including
the
new
recordkeeping
and
certificate
provisions.
Each
submission
must
include
the
following
statement
signed
by
an
authorized
representative
of
the
training
provider:
  
Under
D­
24
civil
and
criminal
penalties
of
law
for
the
making
or
submission
of
false
or
fraudulent
statements
or
representations
(
18
U.
S.
C.
1001
and
15
U.
S.
C.
2615),
I
certify
that
the
training
described
in
this
submission
complies
with
all
applicable
requirements
of
Title
II
of
TSCA,
40
CFR
part
763,
Appendix
C
to
Subpart
E,
as
revised,
and
any
other
applicable
Federal,
state,
or
local
requirements.''
A
consolidated
self­
certification
submission
from
each
training
provider
that
addresses
all
of
its
approved
training
courses
is
permissible
and
encouraged.
The
self­
certification
must
be
sent
via
registered
mail,
to
EPA
Headquarters
at
the
following
address:
Attn.
Self­
Certification
Program,
Field
Programs
Branch,
Chemical
Management
Division
(
7404),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
401
M
St.,
SW.,
Washington,
DC
20460.
A
duplicate
copy
of
the
complete
submission
must
also
be
sent
to
any
States
from
which
approval
had
been
obtained.
The
timely
receipt
of
a
complete
self­
certification
by
EPA
and
all
approving
States
shall
have
the
effect
of
extending
approval
under
this
MAP
to
the
training
courses
offered
by
the
submitting
provider.
If
a
self­
certification
is
not
received
by
the
approving
government
bodies
on
or
before
the
due
date,
the
affected
training
course
is
not
approved
under
this
MAP.
Such
training
providers
must
then
reapply
for
approval
of
these
training
courses
pursuant
to
the
procedures
outlined
in
Unit
III.

C.
Requirements
applicable
to
Accredited
Persons.

Persons
accredited
by
a
State
with
an
accreditation
program
no
less
stringent
than
an
earlier
version
of
the
MAP
or
by
an
EPA­
approved
training
provider
as
of
April
3,
1994,
are
accredited
in
accordance
with
the
requirements
of
this
MAP,
and
are
not
required
to
retake
initial
training.
They
must
continue
to
comply
with
the
requirements
for
annual
refresher
training
in
Unit
I.
D.
of
the
revised
MAP.

D.
Requirements
applicable
to
Non­
Accredited
Persons.

In
order
to
perform
work
requiring
accreditation
under
TSCA
Title
II,
persons
who
are
not
accredited
by
a
State
with
an
accreditation
program
no
less
stringent
than
an
earlier
version
of
the
MAP
or
by
an
EPA­
approved
training
provider
as
of
April
3,
1994,
must
comply
with
the
upgraded
training
requirements
of
this
MAP
by
no
later
than
October
4,
1994.
Non­
accredited
persons
may
obtain
initial
accreditation
on
a
provisional
basis
by
successfully
completing
any
of
the
training
programs
approved
under
an
earlier
version
of
the
MAP,
and
thereby
perform
work
during
the
first
6
months
after
this
MAP
takes
effect.
However,
by
October
4,
1994,
these
persons
must
have
successfully
completed
an
upgraded
training
program
that
fully
complies
with
the
requirements
of
this
MAP
in
order
to
continue
to
perform
work
requiring
accreditation
under
section
206
of
TSCA,
15
U.
S.
C.
2646.

[
59
FR
5251,
Feb.
3,
1994,
as
amended
at
60
FR
31922,
June
19,
1995]
EPA
ICR
No.
1365.07;
OMB
Control
No.
2070­
0091
Attachment
E
Worksheet
A­
1:
Estimation
of
Change
in
Number
of
Schools
with
Friable
and
Nonfriable
ACM
over
Next
20
Years
Worksheet
A­
2:
Per­
School
Annual
Cost
Estimates
Combined
with
Estimated
Change
in
Number
of
Schools
with
Friable
and
Nonfriable
ACM
over
Next
20
Years
as
Reported
in
Worksheet
A­
1
E­
1
Worksheet
A­
1:
Annual
Recordkeeping
Burden,
by
School
Type
and
Asbestos
Type
year
ACM
type
previous
year
removals
school
counts
public
primary
public
secondary
private
total
hours
annual
total
hours
#
schools
hrs/
school
#
schools
hrs/
school
#
schools
hrs/
school
14
SM
&
TSI
323
11,754
5,613
35
3,309
58
2,831
35
487,462
TSI
101
3,696
1,765
35
1,040
58
890
35
153,245
NFACM
424
91,535
43,714
15
25,769
28
22,044
15
1,707,902
2,348,626
15
SM
&
TSI
323
11,431
5,459
35
3,218
58
2,753
35
474,064
TSI
101
3,594
1,717
35
1,012
58
866
35
149,101
NFACM
424
91,959
43,916
15
25,888
28
22,146
15
1,715,794
2,338,956
16
SM
&
TSI
323
11,109
5,305
35
3,127
58
2,675
35
460,666
TSI
101
3,493
1,668
35
983
58
841
35
144,829
NFACM
424
92,383
44,119
15
26,008
28
22,249
15
1,723,744
2,329,285
17
SM
&
TSI
323
10,786
5,151
35
3,036
58
2,598
35
447,303
TSI
101
3,392
1,620
35
955
58
817
35
140,685
NFACM
424
92,806
44,321
15
26,127
28
22,351
15
1,731,636
2,319,614
18
SM
&
TSI
323
10,464
4,997
35
2,946
58
2,520
35
433,963
TSI
101
3,290
1,571
35
926
58
792
35
136,413
NFACM
424
93,230
44,524
15
26,246
28
22,453
15
1,739,543
2,309,944
19
SM
&
TSI
323
10,141
4,843
35
2,855
58
2,442
35
420,565
TSI
101
3,189
1,523
35
898
58
768
35
132,269
NFACM
424
93,654
44,726
15
26,366
28
22,555
15
1,747,463
2,300,273
20
SM
&
TSI
323
9,819
4,689
35
2,764
58
2,365
35
407,202
TSI
101
3,087
1,474
35
869
58
744
35
128,032
NFACM
424
94,078
44,929
15
26,485
28
22,657
15
1,755,370
2,290,602
21
SM
&
TSI
323
9,496
4,535
35
2,673
58
2,287
35
393,804
TSI
101
2,986
1,426
35
841
58
719
35
123,853
NFACM
424
94,502
45,131
15
26,604
28
22,759
15
1,763,262
2,280,932
22
SM
&
TSI
1,055
8,441
4,031
35
2,376
58
2,033
35
350,048
TSI
332
2,654
1,268
35
747
58
639
35
110,071
NFACM
1,387
95,889
45,793
15
26,995
28
23,093
15
1,789,150
2,249,292
23
SM
&
TSI
1,055
7,386
3,527
35
2,079
58
1,779
35
306,292
TSI
332
2,322
1,109
35
654
58
559
35
96,312
NFACM
1,387
97,276
46,456
15
27,385
28
23,427
15
1,815,025
2,217,652
24
SM
&
TSI
1,055
6,331
3,023
35
1,782
58
1,525
35
262,536
TSI
332
1,991
951
35
560
58
479
35
82,530
NFACM
1,387
98,663
47,118
15
27,776
28
23,761
15
1,840,913
2,186,012
25
SM
&
TSI
1,055
5,276
2,519
35
1,485
58
1,271
35
218,780
Worksheet
A­
1:
Annual
Recordkeeping
Burden,
by
School
Type
and
Asbestos
Type
year
ACM
type
previous
year
removals
school
counts
public
primary
public
secondary
private
total
hours
annual
total
hours
#
schools
hrs/
school
#
schools
hrs/
school
#
schools
hrs/
school
E­
2
TSI
332
1,659
792
35
467
58
400
35
68,806
NFACM
1,387
100,050
47,780
15
28,166
28
24,095
15
1,866,773
2,154,372
26
SM
&
TSI
1,055
4,220
2,016
35
1,188
58
1,016
35
175,024
TSI
332
1,327
634
35
374
58
320
35
55,082
NFACM
1,387
101,436
48,443
15
28,557
28
24,429
15
1,892,676
2,122,732
27
SM
&
TSI
1,055
3,165
1,512
35
891
58
762
35
131,268
TSI
332
995
475
35
280
58
240
35
41,265
NFACM
1,387
102,823
49,105
15
28,947
28
24,763
15
1,918,536
2,091,092
28
SM
&
TSI
1,055
2,110
1,008
35
594
58
508
35
87,512
TSI
332
664
317
35
187
58
160
35
27,541
NFACM
1,387
104,210
49,767
15
29,337
28
25,097
15
1,944,396
2,059,452
29
SM
&
TSI
1,055
1,055
504
35
297
58
254
35
43,756
TSI
332
332
158
35
93
58
80
35
13,724
NFACM
1,387
105,597
50,430
15
29,728
28
25,431
15
1,970,299
2,027,812
30
SM
&
TSI
1,055
0
0
35
0
58
0
35
0
TSI
332
0
0
35
0
58
0
35
0
NFACM
1,387
106,984
51,092
15
30,118
28
25,765
15
1,996,159
1,996,172
total
hours
14,642,520
15,428,604
7,348,748
37,419,872
average
hours
per
year
861,325
907,565
432,279
2,201,169
average
hours
per
school
per
year
17
30
17
21
SM
=
surfacing
material;
TSI
=
thermal
systems
insulation.
Both
are
friable
ACM.
NFACM
=
nonfriable
ACM.
Sources:
AHERA
RIA
(
EPA,
1987c),
Table
4
and
Appendix
G;
Addendum
to
ICR
#
2070­
0091
Asbestos
in
Schools
Rule
(
EPA,
1987a)
E­
3
Worksheet
A­
2:
Annual
Recordkeeping
Cost,
by
School
Type
and
Asbestos
Type
year
ACM
type
school
counts
public
primary
public
secondary
private
total
cost
($)
annual
total
cost
($)
#
schools
$/
school
#
schools
$/
school
#
schools
$/
school
14
SM
&
TSI
11,754
5,613
$
858
3,309
$
1,316
2,831
$
938
11,826,076
TSI
3,696
1,765
$
858
1,040
$
1,316
890
$
938
3,717,830
NFACM
91,535
43,714
$
416
25,769
$
682
22,044
$
453
45,745,414
61,289,320
15
SM
&
TSI
11,431
5,459
$
858
3,218
$
1,316
2,753
$
938
11,501,024
TSI
3,594
1,717
$
858
1,012
$
1,316
866
$
938
3,617,286
NFACM
91,959
43,916
$
416
25,888
$
682
22,146
$
453
45,956,810
61,075,120
16
SM
&
TSI
11,109
5,305
$
858
3,127
$
1,316
2,675
$
938
11,175,972
TSI
3,493
1,668
$
858
983
$
1,316
841
$
938
3,513,630
NFACM
92,383
44,119
$
416
26,008
$
682
22,249
$
453
46,169,757
60,859,359
17
SM
&
TSI
10,786
5,151
$
858
3,036
$
1,316
2,598
$
938
10,851,858
TSI
3,392
1,620
$
858
955
$
1,316
817
$
938
3,413,086
NFACM
92,806
44,321
$
416
26,127
$
682
22,351
$
453
46,381,153
60,646,097
18
SM
&
TSI
10,464
4,997
$
858
2,946
$
1,316
2,520
$
938
10,528,122
TSI
3,290
1,571
$
858
926
$
1,316
792
$
938
3,309,430
NFACM
93,230
44,524
$
416
26,246
$
682
22,453
$
453
46,592,965
60,430,517
19
SM
&
TSI
10,141
4,843
$
858
2,855
$
1,316
2,442
$
938
10,203,070
TSI
3,189
1,523
$
858
898
$
1,316
768
$
938
3,208,886
NFACM
93,654
44,726
$
416
26,366
$
682
22,555
$
453
46,805,043
60,216,999
20
SM
&
TSI
9,819
4,689
$
858
2,764
$
1,316
2,365
$
938
9,878,956
TSI
3,087
1,474
$
858
869
$
1,316
744
$
938
3,106,168
NFACM
94,078
44,929
$
416
26,485
$
682
22,657
$
453
47,016,855
60,001,979
21
SM
&
TSI
9,496
4,535
$
858
2,673
$
1,316
2,287
$
938
9,553,904
TSI
2,986
1,426
$
858
841
$
1,316
719
$
938
3,004,686
NFACM
94,502
45,131
$
416
26,604
$
682
22,759
$
453
47,228,251
59,786,841
22
SM
&
TSI
8,441
4,031
$
858
2,376
$
1,316
2,033
$
938
8,492,368
TSI
2,654
1,268
$
858
747
$
1,316
639
$
938
2,670,378
NFACM
95,889
45,793
$
416
26,995
$
682
23,093
$
453
47,921,607
59,084,353
23
SM
&
TSI
7,386
3,527
$
858
2,079
$
1,316
1,779
$
938
7,430,832
TSI
2,322
1,109
$
858
654
$
1,316
559
$
938
2,336,528
NFACM
97,276
46,456
$
416
27,385
$
682
23,427
$
453
48,614,697
58,382,057
24
SM
&
TSI
6,331
3,023
$
858
1,782
$
1,316
1,525
$
938
6,369,296
TSI
1,991
951
$
858
560
$
1,316
479
$
938
2,002,220
NFACM
98,663
47,118
$
416
27,776
$
682
23,761
$
453
49,308,053
57,679,569
25
SM
&
TSI
5,276
2,519
$
858
1,485
$
1,316
1,271
$
938
5,307,760
TSI
1,659
792
$
858
467
$
1,316
400
$
938
1,669,308
NFACM
100,050
47,780
$
416
28,166
$
682
24,095
$
453
50,000,727
56,977,795
26
SM
&
TSI
4,220
2,016
$
858
1,188
$
1,316
1,016
$
938
4,246,144
TSI
1,327
634
$
858
374
$
1,316
320
$
938
1,336,316
NFACM
101,436
48,443
$
416
28,557
$
682
24,429
$
453
50,694,499
56,276,959
27
SM
&
TSI
3,165
1,512
$
858
891
$
1,316
762
$
938
3,184,608
TSI
995
475
$
858
280
$
1,316
240
$
938
1,001,150
NFACM
102,823
49,105
$
416
28,947
$
682
24,763
$
453
51,387,173
55,572,931
28
SM
&
TSI
2,110
1,008
$
858
594
$
1,316
508
$
938
2,123,072
TSI
664
317
$
858
187
$
1,316
160
$
938
668,158
Worksheet
A­
2:
Annual
Recordkeeping
Cost,
by
School
Type
and
Asbestos
Type
year
ACM
type
school
counts
public
primary
public
secondary
private
total
cost
($)
annual
total
cost
($)
#
schools
$/
school
#
schools
$/
school
#
schools
$/
school
E­
4
NFACM
104,210
49,767
$
416
29,337
$
682
25,097
$
453
52,079,847
54,871,077
29
SM
&
TSI
1,055
504
$
858
297
$
1,316
254
$
938
1,061,536
TSI
332
158
$
858
93
$
1,316
80
$
938
332,992
NFACM
105,597
50,430
$
416
29,728
$
682
25,431
$
453
52,773,619
54,168,147
30
SM
&
TSI
0
0
$
858
0
$
1,316
0
$
938
0
TSI
0
0
$
858
0
$
1,316
0
$
938
0
NFACM
106,984
51,092
$
416
30,118
$
682
25,765
$
453
53,466,293
53,466,293
total
dollars
$
395,445,472
$
378,040,260
$
217,300,129
$
990,785,413
average
dollars
per
year
$
23,261,472
$
22,237,662
$
12,782,360
$
58,281,495
average
dollars
per
school
per
year
$
455
$
738
$
496
$
545
SM
=
surfacing
material;
TSI
=
thermal
systems
insulation.
Both
are
friable
ACM.
NFACM
=
nonfriable
ACM.

Sources:
AHERA
RIA
(
EPA,
1987c),
Table
4
and
Appendix
G;
Addendum
to
ICR
#
2070­
0091,
Asbestos
in
Schools
Rule
(
EPA,
1987a)

Wage
rates
have
been
updated
as
described
in
the
text.
E­
5
References
Bureau
of
Labor
Statistics,
Employment
Cost
Index,
2000.
Web
site:
http://
www.
bls.
gov
Office
of
Personnel
Management
Web
site
http://
www.
opm.
gov/
feddata/
99factbk.
pdf
Office
of
Personnel
Management,
Web
site
http://
www.
opm.
gov
U.
S.
EPA,
Office
of
Pesticides
and
Toxic
Substances.
1987a.
Addendum
to
ICR
#
2070­
0091
Asbestos­
In­
Schools
Rule.
October.

U.
S.
EPA,
Office
of
Toxic
Substances,
Economics
and
Technology
Division.
1987b.
Asbestos
Hazard
Emergency
Response
Act
Economic
Impact
Analysis.
April.

U.
S.
EPA,
Office
of
Toxic
Substances,
Economics
and
Technology
Division.
1987c.
Asbestos
Hazard
Emergency
Response
Act
Regulatory
Impact
Analysis.
September.

U.
S.
EPA.
1991.
ICR
Renewal
for
the
Asbestos
Hazard
Emergency
Response
Act
(
AHERA),
Title
II
of
the
Toxic
Substances
Control
Act
(
TSCA)
­
Asbestos­
Containing
Materials
in
Schools
Rule.
OMB
No.
2070­
0091.
EPA
ICR
#
1365.

U.
S.
EPA.
1993.
Supplemental
ICR
for
the
Asbestos­
Containing
Materials
in
Schools
Rule.
OMB
No.
2070­
0091.
EPA
ICR
#
1365.

U.
S.
EPA.
1994.
Renewal
ICR
for
the
Asbestos­
Containing
Materials
in
Schools
Rule.
OMB
No,
2070­
0091.
EPA
ICR
#
1365.

U.
S.
EPA.
1997.
Renewal
ICR
for
the
Asbestos­
Containing
Materials
in
Schools
Rule.
OMB
No,
2070­
0091.
EPA
ICR
#
1365.

U.
S.
EPA.
2000.
National
Directory
of
AHERA
Accredited
Courses.
Prepared
for
the
National
Program
Chemicals
Division,
Office
of
Pollution
Prevention
and
Toxics,
by
VISTA
Computer
Services
under
contract
no.
68­
W­
98­
004.
February,
2000.

U.
S.
GPO.
1997.
Economic
Indicators,
2000.

OPM.
gov.
2000
pay
tables
EPA
ICR
No.
1365.07;
OMB
Control
No.
2070­
0091
Attachment
F
Copies
of
Consultation
Letters
Sent
and
Received
