  SEQ CHAPTER \h \r 1 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.: 1365.08	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 plan at least as
stringent as the EPA model.  In 1990, EPA was required to make certain
changes in its original MAP.  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	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 the 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

	AHERA Rule:  EPA has tried to identify alternate sources of the
information requested 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 the Asbestos School Hazard Abatement
Reauthorization Act (ASHARA) other than what is specifically provided
for in the MAP.

	3(b)	Public Notice Required Prior to ICR Submission to OMB

	  SEQ CHAPTER \h \r 1 Prior to submission to OMB, this ICR will be made
available to the public for comment through a Federal Register notice. 
The public will have 60 days to provide comments.  Any comments received
will be given consideration when completing the supporting statement
that is submitted to OMB.

	3(c)	Consultations

	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.

	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.  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.
 

	For the purposes of the current ICR renewal request, in January 2007,
EPA conducted consultations on the ICR supporting statement with seven
representatives of the regulated community affected by the ICR.  These
individuals included an asbestos MAP training provider listed under the
National Directory of AHERA Accredited Courses (NDAAC), three AHERA
designated persons for LEAs, a laboratory that performs asbestos
testing, an LEA trade association, and a relevant asbestos worker trade
association.  

	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). 
Laboratories that perform asbestos bulk or air tests also must comply
with the requirements under the Asbestos-Containing Materials in Schools
Rule (40 CFR 763 Subpart E) and be properly accredited by the National
Institute of Standards and Technology.  

	EPA sent each of the consultants a summary of the relevant regulations
and an electronic copy of the draft ICR supporting statement.  EPA then
asked that the consultants provide the Agency answers to 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 use for the requested
data?

3. Would you make electronic submissions, if applicable?

4. Are the estimated burdens and costs associated with the
Asbestos-Containing Materials in Schools Rule and Model Accreditation
Plan accurate to the best of your knowledge?

5.  If we spoke to you before about this ICR, are your positions
accurately reflected?

	By the end of January 2007, EPA had received comments from two of the
consultants.  A summary of their comments are included below.

William Dallas

LEA Designated Person

Prince Georges County Public Schools

13300 Old Marlboro Pike

Upper Marlboro, MD 20772

Phone: 301-952-6500

Fax: 301-952-6520

E-mail:   HYPERLINK "mailto:William.Dallas@pgcps.org_" 
William.Dallas@pgcps.org 

	Mr. Dallas is the AHERA designated person for Prince Georges County
Public Schools in Maryland.  He stated that the data collection and
recordkeeping requirements related to the Asbestos-Containing Materials
in Schools Rule and Revised Asbestos Model Accreditation Plan Rule ICR
are clear and concise.  To his knowledge, he was not aware of other
sources from which EPA could get the requested information.  When asked
whether or not he would make electronic submissions, if applicable, he
said yes.  He stated that the burden estimates for the ICR seemed
accurate to the best of his knowledge   Mr. Dallas was not consulted
previously on the ICR.  Changes to the ICR supporting statement were not
required based on Mr. Dallas’ comments.

Ron Schwebel

Suburban Energy & Environmental Consultants

#28 Bailiwick

Doyelstown, PA 18901

215-262-8230

E-mail:    HYPERLINK "mailto:seec@verizon.net"  seec@verizon.net 

	Mr. Schwebel is an environmental professional for a consulting firm. He
also serves as an LEA AHERA designated person for several LEAs.  When
asked whether the data collection and recordkeeping requirements for the
Asbestos-Containing Materials in Schools Rule and the Asbestos MAP were
clear and concise, he said yes.  He stated that in Pennsylvania,
“school intermediate units” represent schools on a single county or
multiple county basis and could function to collect data related to
AHERA.  He further commented that these entities provide training for
school personnel, but not on matters related to AHERA.  EPA notes,
however, that these entities do not currently collect such data related
to the Asbestos-Containing Material in Schools Rule (40 CFR Part 763,
Subpart E) pursuant to AHERA, as it is the individual responsibility of
each LEA. When asked whether or not he would make electronic
submissions, if applicable, he stated yes.  He also said that the burden
estimates for the ICR were accurate and that he has first-hand knowledge
of the burdens and costs related to AHERA.  Mr. Schwebel was not
consulted previously on the ICR.  Changes to the ICR supporting
statement were not required based on Mr. Schwebel’s comments.

	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.  A less
frequent collection schedule is not 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 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 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 up-to-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 years- as 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.

	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 re-approval 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 in 1994 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;

-  copies of all instructor resumes and approvals;

-  copies of examinations and test scores; and

-  records relating to accreditation certificates.

	A State seeking re-approval 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 (including residential buildings with 10 or
more dwelling units), 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;

-  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.  To date, 11 States
have been granted this waiver under the 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 February 2007, 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.

	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 (2007) 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 reoccupation.  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 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 activities include the following:

	-	Distribute guidance to LEAs, State designees, and others on
interpretation of AHERA;

-	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 database 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 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 approvals by MAP approved states 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.

	5(d)	Collection Schedule

	Not applicable for AHERA Rule.

	MAP:  EPA’s receipt of a complete self-certification submission from
a provider constituted immediate re-approval 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 2004, 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	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 2004, 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 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 because these schools will
not incur a burden related to records of inspection, reinspection,
response actions and periodic surveillance.  However, newly constructed
schools covered by exclusionary statements still would need to keep
certain information and records up-to-date.  This includes 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.

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 with 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 with Nonfriable ACM	15	28

Source:  EPA. 1987.  AHERA Economic Impact Analysis; Table 11 and
Appendix G: “Second Year Implementation Costs.”  Nonfriable ACM does
not require an O&M Plan. 



	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, no burden for initial State activities is 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.  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.

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

Source: EPA. 1993. Supplemental ICR for the Asbestos-Containing
Materials in Schools Rule. (EPA ICR #1365).

	

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 a 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 updated 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 ICR (EPA, 2004) to reflect 2006 levels.  Methods for updating
hourly wage rates to 2006 levels are discussed for each respondent
category.

	

Local Education Agencies

	The implementation cost to LEAs of the Schools Rule includes the wages
associated with the burden estimates in Section 6(a).  Wage rates were
updated to 2006 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:

	•	The school asbestos program manager, custodian, and clerical staff
hourly wages were $23.96, $10.55, and $14.28 for 2005, the most recent
year for which data are available.  They are based on the mean hourly
wages for Occupational Health and Safety Specialists and Technicians,
Building and Grounds Cleaning and Maintenance Occupations, and 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, 2005).

		According to the Employment Cost Index, wages and salaries rose by
5.1 percent during the period of May 2005 to September 2006 for these
workers, and wages and salaries were inflated by this amount (BLS,
2006).

		According to the Employer Costs for Employee Compensation, wages
and salaries accounted for 67.3 percent of total compensation for school
employees as of September 2006.  Based on this information, a loading
factor of 1.486 (1/0.673) was applied to the mean hourly wage rate to
estimate total hourly compensation for school employees (BLS, 2006a).

	The updated estimated 2006 total hourly compensation for school
asbestos program manager, custodian, and clerical staff are $37.42,
$16.48, and $22.30, 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).  This figure was updated to $88 in
2006 dollars using the implicit price deflator for the Gross Domestic
Product (GDP) (Dept. of Commerce, 2006).

	Worksheet 4 indicates that the annual reporting costs for schools range
from $475 for public primary schools or private schools with only
nonfriable ACM, to $1,586 for public secondary schools with friable ACM.

Worksheet 4: Annual Cost per Local Education Agency (2006$)

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
$37.42	$374	$561

Custodial - Gather, record, process and store information	$16.48	$66
$132

Clerical - Gather, record, process and store information	$22.30	$357
$669

Total Management Plan

$797	$1,362



Implement Operations and Maintenance (O&M) Plan



	Asbestos program manager - Activity planning, create and gather
information, prepare activity reports, record and review information
$37.42	$75	$75

Custodial - Gather, record, process and store information	$16.48	$16	$17

Clerical - Gather, record, process and store information	$22.30	$45	$45

Total O&M Plan

$136	$136

Estimated Cost per School	$1,022	$1,586



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
$37.42	$18	$299

Custodial - Gather, record, process and store information	$16.48	$66
$132

Clerical - Gather, record, process and store information	$22.30	$134
$268

Estimated Cost per School	$475	$787

Source:  EPA.  1987.  AHERA Economic Impact Analysis; Table 11 and
Appendix G: "Second Year Implementation Costs."  Nonfriable ACM does not
require O&M. Cost per School includes $88 for Notification Costs.



	States

	As discussed in Section 6(a), States have no additional costs
associated with the Schools Rule.  Under the MAP Rule, State
accreditation programs are required at least to 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 is $3,954.

	Wage rates were updated to 2006 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:

	•	The state managerial, technical, and clerical staff hourly wages
for 2005, the most recent year for which data are available, were
$42.52, $27.63, and $14.28, 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, 2005).

		According to the Employment Cost Index, wages and salaries rose by
5.1 percent during the period of May 2005 to September 2006 for these
workers, and wages and salaries were inflated by this amount (BLS,
2006).

		According to the Employer Costs for Employee Compensation, wages
and salaries accounted for 67.3 percent of total compensation for state
employees as of September 2003.  Based on this information, a loading
factor of 1.486  (1.0/0.673) was applied to the mean hourly wage rate to
estimate total hourly compensation for school employees (BLS, 2006a).

	The updated estimated 2006 total hourly compensation for state
managerial, technical, and clerical staff are $66.41, $43.15, and
$22.30, respectively.

	Worksheet 5 shows the estimated annual cost of State compliance with
the MAP Rule is $3,954 per state.

Worksheet 5: Annual Cost per State/Territory (2006$)

	Labor Categories

	Activities	Management	Technical	Clerical	Total



	$66.41 per hour	$43.15 per hour	$22.30 per hour

	Implement a State accreditation program that is not less stringent than
the regulation	$531	

$992	$2,431

	Estimated Cost per State/Territory	$531	$992	$2,431	$3,954



	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 2006 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: 

	•	The training provider clerical staff hourly wage for 2005, the most
recent year for which data are available, was $14.28 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, 2005).

	According to the Employment Cost Index, wages and salaries rose by 4
percent 	during the period of May 2005 to September 2006 for these
workers, and wages 	and salaries were inflated by this amount (BLS,
2006).

	According to the Employer Costs for Employee Compensation, wages and
salaries accounted for 70.7 percent of total compensation for employees
of service producing private industry as of September 2006.  Based on
this information, a loading factor of 1.414 (1.0/0.707) was applied to
the mean hourly wage rate to estimate total hourly compensation for
training provider staff (BLS, 2006a).

		The updated estimated 2006 total hourly compensation for training
provider clerical staff is $21.00.

	In addition, training providers are expected to incur materials costs
associated with the annual recordkeeping requirements of the MAP Rule. 
Those costs were estimated to be $436 in the MAP Rule (EPA, 1993).  This
figure was updated to $591 in 2006 dollars using the implicit price
deflator for the Gross Domestic Product (GDP) (Dept. of Commerce, 2006).

	Worksheet 6 shows the estimated annual cost of training provider
compliance with the MAP Rule is $707 per training provider.

Worksheet 6: Annual Cost per Training Provider (2006$)

	Labor Category	Freq/Year	Total

	Clerical



	$21.00	 per hour



Activities

1.  Retain records	N/A	N/A	$591

2.  Provide reasonable access to records to EPA or State	$10.50	11	$116

Estimated Cost per Provider	$10.50	11	$707



6(c)	Estimating Agency Burden and Cost

	Agency burden and cost estimates are presented in Worksheets 7 and 8.

	EPA Burden

	EPA conducts implementation activities associated with the Schools
Rule.  In the AHERA RIA (EPA, 1987a), EPA estimated that 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 Headquarters	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 2006 GS-13, step 5 level hourly compensation was $67.20 for
technical staff, while the 2006 GS-15 level, step 5 hourly compensation
was $93.42 for managerial staff (OPM, 2006).  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 $294,860. 
Total annual costs for EPA Regional Offices are estimated at $9,677 per
region, or $96,770 for all 10 regions.



Worksheet 8: Annual Agency Cost Estimates for EPA Headquarters and
Regional Offices

(2006 $)

Activity

	Labor Category	Freq/Year	Total

	Management	Technical



	$93.42	 per hour	$67.20	 per hour



EPA Headquarters

1.  Perform recordkeeping tasks under the Schools Rule	$0	$279,552	N/A
$279,552

2.  Answer respondent questions about the MAP Rule	$1,868	$13,400	N/A
$15,308

Total Headquarters	$1,868	$292,952

$294,860

EPA Regional Offices

1.  Audit training provider courses and records for compliance
monitoring purposes	$0	$538	18	$9,677

Total per Region	$0	$538	18	$9,677



	6(d) 	Bottom Line Burden Hours and Costs

	Table 4 and Appendix G of the AHERA RIA (EPA, 1987a), and Figure 2,
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 20 through 22 of program implementation, which is an
extension of the method used in the previous ICR.  The total number of
public and private schools is based on 2003-2004 data obtained from the
U.S. Department of Education’s National Center for Education
Statistics (Dept of Education, 2005).

	As in previous ICRs, the total number of training providers is
estimated using the latest National Directory of AHERA Accredited
Courses, compiled by EPA.  According to the most recent 2005 data
available, there are currently 636 accredited training providers (EPA,
2005).  This is a significant decrease from the previous ICR, in which
there were 769 accredited training providers listed.  This majority of
this decrease is attributed to a change in the method of counting
active, accredited training providers and not to an actual decline in
the number of training providers. 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
3,498 hours and the estimated annual cost is $449,652.

	The MAP rule affects all 50 States, the District of Columbia, and the
U.S. territories, for a total of 56 States and Territories.  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
$221,424.

	Based on these estimates of numbers of respondents, unit costs, and
burdens, the total respondent and EPA tallies are shown in the following
tables.

	(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	5,808	35	203,280	$1,021	$5,929,822

Public Secondary	3,423	58	198,534	$1,586	$5,428,792

Private	2,929	35	102,515	$1,021	$2,990,435

Schools with Nonfriable ACM





	Public Primary	61,699	15	925,485	$475	$29,305,471

Public Secondary	24,796	28	694,288	$787	$19,513,827

Private	26,344	15	395,160	$475	$12,512,736

Subtotal 	124,999

2,519,262

$75,681,083

Training Providers	636	5.5	3,498	$707	$449,652

States/Territories	56	140	7,840	$3,954	$221,424

Total	125,691

2,530,600

$76,352,159



	(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	$294,860	$294,860

Regions	10	144	1,440	$9,677	$96,768

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 Local
Education Agencies and Training Providers. While the numbers of schools
with friable ACM have declined, that decrease is less than the increase
in the number of schools with nonfriable ACM, resulting in higher totals
overall. The total annual burden for this information collection is
currently estimated to be 2,530,600 hours per year. This compares with
an average estimated annual burden of 2,485,440 hours in the most
recently approved clearance of this information collection request.

Changes in Respondent Burden

	Burden Hour Estimates	Reason for Change

Respondent Type	Previous	Current 	Difference

	Local Education Agencies	2,473,370	2,519,262	45,892	Adjustment

Training Providers	4,230	3,498	(732)	Adjustment

States/Territories	7,840	7,840	0	Adjustment

Total	2,485,440	2,530,600	45,160

	

	  The average estimated number of schools of each type in the three
years of this ICR renewal period (years 20 through 22 of the
implementation period) is used with the unit burden estimates to derive
an annual burden estimate.  This ICR renewal follows the same methods of
estimating numbers of schools with friable and nonfriable asbestos as
the previous ICR renewal.  

The number of burden hours for Local Education Agencies has increased
slightly (less than 2 percent), while the number of training providers
has declined since the previous ICR, mainly because training providers
active in more than one region are counted only once. 

	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 20.15 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.
EPA-HQ-OPPT-2007-0270.  The docket is available for public viewing at
the Pollution Prevention and Toxics Docket in the EPA Docket Center
(EPA/DC).  The EPA/DC Public Reading Room is located in the EPA West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC.  The
EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.  The telephone number for the
EPA/DC Public Reading Room is (202) 566-1744, and the telephone number
for the Pollution Prevention and Toxics Docket is (202) 566-0280.  An
electronic version of the public docket is available through the Federal
Docket Management System (FDMS) at   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov .  Use FDMS 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.
EPA-HQ-OPPT-2007-0270 and OMB Control Number 2070-0091 in any
correspondence. 

References

U.S. Bureau of Labor Statistics. 2005. Occupational Employment
Statistics: May 2005 National 

Industry-Specific Occupational Employment and Wage Estimates. Website   
 HYPERLINK "http://www.bls.gov/oes/current/oes299011.htm" 
http://www.bls.gov/oes/current/oes299011.htm .  See same Occupational
Employment Statistics, Occupational Employment and Wages, website for
data for wage rates for occupation groups 299012, 370000, 430000,
110000, and 192041 used in the analysis.  

U.S. Bureau of Labor Statistics. 2006. Employment Cost Index, 2Q 2005 to
3Q 2006, 4Q 2005 = 

	100.  Series ID’s CIU3020000000000I, and CIU202S000200000I.  Website 
 HYPERLINK "http://www.bls.gov/web/echistry.pdf" 
http://www.bls.gov/web/echistry.pdf .

U.S. Bureau of Labor Statistics. 2006a. Employer Costs for Employee
Compensation 2Q 2005 to

3Q 2006.  Series ID’s CMU3010000000000D, CMU3020000000000D, and
CMU2010000000000D, CMU2020000000000D. Website     HYPERLINK
"http://www.bls.gov/news.release/pdf/ecec.pdf" 
http://www.bls.gov/news.release/pdf/ecec.pdf  .

U.S. Department of Commerce. 2006.  Bureau of Economic Analysis.  Gross
Domestic Product:

Implicit Price Deflator.  Series ID GDPDEF.  Index 2000=100.  
http://research.stlouisfed.org/fred2/data/GDPDEF.txt.

U.S. Department of Education.  2005.  National Center for Education
Statistics.  Digest of 

	Education Statistics: 2005.  Table 84.  Web site

http://nces.ed.gov/programs/digest/d05/tables/dt05_084.asp 

 

U.S. EPA. 1987a.  Office of Toxic Substances, Economics and Technology
Division. Asbestos

Hazard Emergency Response Act Regulatory Impact Analysis. September,
1987.

U.S. EPA. 1987b.  Office of Pesticides and Toxic Substances.  Addendum
to ICR #2070-0091 

	Asbestos-In-Schools Rule. October, 1987.

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. 2004.  Renewal ICR for the Asbestos-Containing Materials in
Schools Rule. OMB 

	No. 2070-0091. EPA ICR #1365.

U.S. EPA. 2005. Office of Pollution Prevention and Toxics. National
Directory of AHERA

	Accredited Courses. November, 2005. Website     HYPERLINK
"http://www.epa.gov/asbestos/ndaac.html" 
http://www.epa.gov/asbestos/ndaac.html .

U.S. Office of Personnel Management. 2006. Salary Table 2006-DCB. Web
Site

  HYPERLINK "http://www.opm.gov/oca/06tables/html/dcb.asp" 
http://www.opm.gov/oca/06tables/html/dcb.asp .

EPA ICR No. 1365.08; OMB Control No. 2070-0091

Attachment A

Asbestos Hazard Emergency Response Act, Section 203

(15 U.S.C. §2643)

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 - 

(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 

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.

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. 

(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. 

          (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. 1365.08; 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. 

(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 

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.

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e 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. 

(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.

 The wage figure used for Occupational Health and Safety Specialists and
Technicians is a weighted average, by employment, of the wages for the
separate groups of Specialists and Technicians, and is for Local
Government specifically. 

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