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 ModelAccreditation Plan Rule

EPA ICR No. 1365.06

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 AccreditationPlan (MAP) Rule.

AHERA Rule: Under Section 203 of the Asbestos Hazard Emergency Response Act(AHERA)(see Attachment A), EPA was required to finalize the Asbestos-Containing Materials inSchools Rule. This rule required Local Education Agencies (LEAs) to conduct inspections,develop management plans, and design or conduct response actions. Records must be maintainedby all LEAs on inspections and response action activity, and current management plans must beprovided to EPA and State reviewers for examination.

MAP: Additionally, Section 206 of AHERA (see Attachment B) required that EPA issuea Model Accreditation Plan (MAP) for persons who inspect for asbestos, develop managementplans, and design or conduct response actions. States are required to adopt an accreditationprogram at least as stringent as the EPA model. In 1990, EPA was required to make certainchanges in its original Model Accreditation Plan. Accreditation of laboratories that analyzeasbestos bulk samples and asbestos air samples is also required by AHERA. The NationalInstitute of Standards and Technology (NIST) was required to establish the bulk samplingaccreditation program, and the air sampling program.

This information collection activity will assure that LEAs continue to inspect for asbestosand update management plans with accredited personnel to protect all school building occupantsfrom 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, andthat 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 thisICR 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 andD, respectively.

2(b) Use/Users of the Data

AHERA Rule: The activities pertaining to the use of this information collection activityhelp assure that LEAs continue to inspect for asbestos and update their management plans usingaccredited personnel. This is intended to ensure the protection of all school building occupantsfrom exposure to asbestos fibers. All public and private elementary and secondary schools (unlessexempt under provision of the rule) were required to conduct inspections for asbestos-containingbuilding materials (ACBM) and develop management plans which describe necessary actions to beundertaken. Reinspections by accredited persons must take place every three years unless allACBM has been removed. Records retention as part of an updated asbestos management plan isnecessary in order to document specific response action activities and periodic surveillance/3-yearreinspection 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, andFederal and State enforcement agencies.

MAP: This collection will enable EPA, as well as State regulators, to determine initialcompliance and to monitor continued compliance with the revised MAP standards. Lacking bothapplication submissions and other recordkeeping requirements, regulators would have nomeaningful way of measuring the implementation of the MAP's statutory mandates. Otherbeneficiaries of the collection activities include 1) individuals who may desire to obtain asbestostraining meeting at least prescribed minimum quality standards for accreditation and subsequentemployment purposes; 2) LEAs and other building owners and managers seeking to procure theservices of qualified and accredited asbestos consultants and contractors; and 3) enforcementagencies at the Federal and State level.

3 NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTIONCRITERIA

3(a) Non-Duplication

AHERA Rule: EPA has tried to identify alternate sources of the information requested bemaintained to implement and enforce this recordkeeping, and was not successful. This activitydoes not duplicate information already required to be reported by another agency or EPAprogram office.

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

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 commentperiod that ended on December 19, 2000 (See attachment F). EPA received no comments duringthe comment period.

3(c) Consultations

In addition to the required public notice and comment period regarding the Agency'sproposal to renew this ICR as described above, the Agency often uses its Forum on State andTribal Toxics Action (FOSTTA) to communicate with state and tribal toxics environmentalmanagers on a variety of toxics-related program and enforcement issues. In previous years, theAgency has used the FOSTTA to discuss asbestos-related issues such as implementation of theMAP rule. The FOSTTA remains a viable forum to consult and discuss issues related to theserules with state and tribal program contacts.

AHERA Rule: The 1987 Asbestos-Containing Materials in Schools Rule was developedthrough the regulatory negotiation process. Participants included representatives of nationaleducational organizations, labor unions, asbestos product manufacturers, the environmentalcommunity, asbestos abatement contractor groups, professional associations of architects,consulting engineers, industrial hygienists, and the EPA.

MAP: Consultations occurred with various respondents since development work on theMAP 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 itsproposed changes to the MAP in the Federal Register on May 13, 1992, and formally invitedpublic comment. A public hearing was held June 8, 1992. Commenters who specifically reactedto EPA's proposals regarding recordkeeping requirements were unanimously supportive. Anadditional hearing, with the cooperation of the National Conference on State Legislatures(NCSL), occurred on June 9, 1992. Collection activities were discussed with State participants atthat time. They continued to express support for EPA's MAP proposals.

EPA consulted extensively with labor unions, the States, and other interested partiesduring the development of the 1994 Interim Final MAP. And for the past four years, EPA hasmet annually with the States to discuss, among other things, implementation of the MAP. Ingeneral, States are supportive of the regulation, including the reporting and recordkeepingprovisions.

3(d) Effects of Less Frequent Collection

AHERA Rule: If information were collected less frequently, it would be difficult todetermine whether an LEA properly inspected for asbestos-containing materials and developed

an appropriate management plan, and kept these documents up-to-date including ongoingactivities.

MAP: The revised MAP has no routine or repetitive reporting requirements. Trainingcourse self-certifications, training course approval applications and State Program approvalapplications are one-time submissions. Once approved they do not expire. No less frequentcollection schedule is feasible. Recordkeeping requirements are tied directly to training coursesand the issuance of accreditation certificates to students successfully completing those coursesand 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 theguidelines stated in the Paperwork Reduction Act, OMB's implementing regulations, andapplicable OMB and EPA guidance.

AHERA Rule: The rule requires that the asbestos management plans be maintained as aliving document, necessary for as long as asbestos-containing building materials are present in theschool 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 nextreinspection date. As a result, such records may need to be maintained beyond the three yearrecord retention period recommended in 5 CFR 1320.5(d)(2)(iv). EPA believes, however, thatthese retention requirements are necessary to satisfy the statutory mandates in AHERA, whichspecifically mandates the development and maintenance of asbestos management plans. Inaddition to ensuring that a management plan is available for public inspection as required byAHERA, maintaining a current management plan is necessary and critical for ensuring the properprotection 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 thatremain present in the school building is also essential for ensuring that the material does notsubsequently become unintentionally disturbed or damaged such that it may pose an unreasonablerisk to school employees, children and other building occupants or users. In accordance with 5CFR 1320.5(d)(2), the retention period beyond the recommended three year period is necessaryand appropriate.

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

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

The Agency has concluded that the reinspection interval is necessary to satisfy thestatutory mandates in AHERA, which specifically mandates the periodic surveillance andreinspection of asbestos-containing materials, and that the current interval is appropriate andnecessary for ensuring that the asbestos-containing material does not subsequently becomedisturbed 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 withthe 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/SIC and NAICS Codes

AHERA Rule and MAP: There are three types of respondents for this informationcollection request. Local Education Agencies (LEAs) and States are involved in recordkeepingand reporting activities associated with the Schools Rule, while training providers and States areinvolved in recordkeeping and reporting activities related to the MAP Rule. The respondentactivities are different for each respondent type and are discussed in turn. The respondents to thisinformation collection activity are elementary and secondary school districts (SIC code 8211,NAICS code 61111), and all states (SIC code 9411, NAICS code 92311). Additionally, underASHARA, the Model Accreditation Plan (MAP) affects training providers (SIC code 8299,NAICS code 61143), and State Asbestos Accreditation Programs (SIC code 9431, NAICS code92312). These respondents are included because they are the providers and guarantors ofaccreditation, respectively.

4(b) Information Requested

(i) Data Items

AHERA Rule: There are no specific data collection instruments used to collectinformation for this activity. The AHERA Rule originally included a reporting requirement; i.e.,management plans were required to be submitted to States for review. This requirement was metby all respondents in the first year of the rule. Thus the AHERA portion of this ICR no longerhas an active reporting requirement. The rule continues to require recordkeeping.

MAP: Training providers seeking reapproval for their existing training courses basedupon the revised MAP standards, or initial approval for new training programs based upon theincreased 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;

- 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 MAPstandards, 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-relatedtasks as defined by the revised MAP. Specifically, the MAP shall be used as a tool to accreditpersons 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 commercialbuildings 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 orall of the requirements of the rule if the State has established and is implementing, or intends toimplement, a program of asbestos inspection and management at least as stringent as therequirements of the rule. The rule requires specific information to be included in the waiverrequest submitted to EPA. 9 States have currently been granted this waiver under the ModelAccreditation Plan (MAP).

Respondents who are State accreditation programs will need to perform the followingcollection 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 May 2000, 37 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 andmaintenance (O&M) activities. Most of the LEA recordkeeping burden involves the developmentand implementation of the management plan.

The management plan burden varies by school type as well as by the type of ACM foundin 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, createand gather new information, prepare written activity reports, and record andreview that information;

-- Time spent by custodians and clerical personnel to gather, record, process andstore asbestos-related information; and

-- Annual notification of parents and other interested parties of the presence ofACM in a school, as well as the availability of the management plan for publicreview.

The development and submission of the management plan was a one-time activity whichoccurred 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 longerincluded in burden estimates. The recordkeeping activities associated with the management planimplementation, however, are on-going and are therefore included in burden estimates.

Recordkeeping Requirements: The recordkeeping burden associated with thedevelopment of an O&M activity plan was largely completed in the first year of AHERA Ruleimplementation. On an ongoing basis, however (AHERA regulations also require LEAs to keepknown 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 themanagement plan. Management planner recommendations and response actions with their airsampling clearance records are also to be kept. Records required by the rule also include thosepertaining to fiber release episodes, periodic surveillance, training received by workers performingoperation and maintenance activities, and cleaning activities which are part of an operations andmaintenance program. The rule also requires LEAs to collect and retain various records whichare not part of the information included in the management plan.

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

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

After performing a thorough visual inspection of the area in which the response action wasconducted, air testing is performed to determine whether a response action has been properlycompleted. The rule as it is in effect at this time (1997) requires the use of transmission electronmicroscopy (TEM) for all removal, enclosure, encapsulation, or repair response actions involvingmore than 260 linear feet or more than 160 square feet of ACBM. The use of phase contrastmicroscopy (PCM) is allowed by the rule for final air sampling where the amounts of ACBM areless 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 stipulatedsampling methods shall have the areas re-cleaned and re-sampled before being released forreoccupancy. Records of response actions and subsequent air sampling clearance records must bemaintained by the LEA.

The rule requires each LEA to maintain a copy of the management plan(s) in itsadministrative office, and each school is required to maintain a copy of its specific managementplan in its administrative office. These plans are to be made available for inspection by the publicwithout cost or restriction. LEAs must notify parent, teacher, and employee organizations of theavailability of the management plans upon submission of the management plan to the State and atleast once each school year.

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

5 THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTIONMETHODOLOGY AND INFORMATION MANAGEMENT

5(a) Agency Activities

AHERA Rule and MAP include the following:

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

- Collect and review course upgrade self-certification certifications from trainingproviders;

- Provide written notification of training course self-certifications to EPA Regionsand State programs;

- Audit training provider courses and records for compliance monitoring purposes;

- Review State program applications packages for approval/reapproval as they arereceived;

- Maintain and revise master data base of approved training providers as required tobe used as a resource for the public;

- Revise model criteria as appropriate and develop new curricula for new trainingdisciplines as required;

- Provide technical assistance to LEAs and public on implementation andcompliance with AHERA.

5(b) Collection Methodology and Management

AHERA Rule: No specific collection methodologies or management techniques arerequired.

MAP: The rule provides explicit instruction to training providers with preexistingapprovals who wish to upgrade and continue offering asbestos training courses under the revisedMAP standards. Providers were to submit a one-time self-certification in the form of a detailedletter to EPA describing changes made to their courses for the purpose of bringing them intocompliance with the new MAP. This was required to be done within six months of the revisedMAP taking effect. Only one letter was required from each training entity. EPA then compiled alisting of all self-certifications received by the deadline and enter them into the existing data baseof 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 thesame procedure.

The MAP Rule also prescribes the method by which States are to make application toEPA for accreditation program approval under the revised MAP. States wishing to obtain EPAprogram 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. It is possible thatsome States already qualify for a new approval based on their existing program authorities; thoseStates will not need to reapply.

5(c) Small Entity Flexibility

The impact of the AHERA Rule and the MAP will primarily affect small asbestosabatement contracting firms or accredited consultants, and training providers that qualify for"small business" status. Small business training providers have a one-time only applicationprocess for training course approval that allows for flexibility in the way information is preparedand presented. A small business abatement contractor is required to keep and maintain records onthe accreditation status of supervisors and abatement workers. Accreditation records are alsokept and maintained by consultants, such as inspectors, management planners, and projectdesigners. An advantage accruing from having those records is that of obtaining and retainingeligibility to qualify for work in asbestos control and abatement in schools and public andcommercial buildings. With regard to worker protection, AHERA and the MAP impose noadditional requirements beyond those that already exist in the OSHA asbestos standard or theEPA Worker Protection Rule.

5(d) Collection Schedule

Not applicable for AHERA Rule.

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

EPA-approved State Programs may continue to receive new training course applicationsindefinitely into the future. EPA may continue to receive State Program applications fromunapproved States until all States, territories, and similar entities have ultimately obtainedapproval.

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 ofschool buildings containing ACM. The previous ICR, approved in 1998, updated values from theoriginal ICR. This renewal ICR further updates values where noted. Burden estimates are basedon a 17-year projection (30 years minus 13 elapsed years since the original ICR)⁽¹⁾. Burdenestimates based on the Asbestos Model Accreditation Plan (MAP) Rule were included in the lastICR; those values are also updated.

There are three types of respondents for this information collection request. LocalEducation Agencies (LEAs) and States are involved in recordkeeping and reporting activitiesassociated with the Schools Rule, while training providers and States are involved inrecordkeeping and reporting activities related to the MAP Rule. The respondent activities aredifferent for each respondent type and are discussed in turn.

6(a) Estimating Respondent Burden

Local Education Agencies

Local education agency (i.e., school or school district) reporting and recordkeeping underthe Schools Rule may be divided into two main categories: those associated with themanagement plan and those associated with operations and maintenance (O&M) activities.

The management plan burden varies by school type as well as by the type of ACM foundin a school. Appendix G of the Final Schools Rule Asbestos Hazard Emergency Response ActRegulatory Impact Analysis (EPA, 1987c) contains time and cost estimates for management andO&M plan development and implementation for schools with friable ACM and/or nonfriableACM. Those burden estimates not completed during the initial 10 years are shown in Worksheet1.

Worksheet 1 indicates that the annual recordkeeping burden for schools with friable ACMis approximately 35 hours for primary public schools and private schools, and 58 hours forsecondary public schools. For schools with nonfriable ACM only, the annual recordkeepingburden is 15 hours for primary public schools and private schools and 28 hours for secondarypublic schools.

Worksheet A-1 in Attachment E estimates the change in number of schools with friableand nonfriable ACM over the next 17 years. The calculations in Worksheet A-1 are taken fromTable 4 and Appendix G of the AHERA RIA (EPA, 1987c), and Figure Two, Addendum to ICR#2070-0091 Asbestos in Schools Rule (EPA, 1987a).

The intent of the Schools Rule is that all schools with friable ACM have an O&M plan. Assuming that 100 percent of schools perform O&M activities yields a 17-year total burdenestimate of approximately 37.4 million hours for all schools. This represents an average annualburden of 2.2 million hours for all schools, or 21 hours per school per year over the 17-yearperiod. This represents a decreased burden of 1 hour per school per year from the previousburden estimate of 22 hours burden estimated in the latest ICR, and is attributable to the slightlychanging ratios of the numbers of schools and hours calculated for the 17 remaining years of therule, compared to the numbers of schools and hours of the 20 remaining years in the previousICR.

States

States are involved in both the Schools Rule and the MAP Rule. State activities related tothe Schools Rule have been completed during the elapsed 10 years. The MAP Rule went intoeffect in 1994, at which time States were to apply to EPA for new program approval. For thepurposes of this analysis, all states are assumed to have completed accreditation program approvalduring the period covered by the last ICR. Therefore, there is no burden for initial State activitiesincluded in this ICR.

For all States with EPA-approved accreditation programs, an on-going burden associatedwith the MAP Rule is the implementation of State accreditation programs. Annual burdenestimates from the MAP Rule are given in Worksheet 2. These estimates assume that all Stateshave approved accreditation programs. In cases where a State does not have an approvedprogram, the burden would be shifted to EPA. This assumption provides the most conservativeestimates of State burdens.

As Worksheet 2 indicates, for the remaining years of the MAP Rule, the total annualburden for the States is 7,000 hours, or 140 hours per State per year. Assuming that virtually allasbestos abatement activities are completed in public and commercial buildings in the remaining17 years estimated in the Schools Rule, the total burden for all States over 17 years isapproximately 119,000 hours.

Training Providers

Training providers were required to recertify under the revised MAP. According to theNational Directory of AHERA Accredited Courses, there are 724 currently accredited trainingproviders. This is an increase from the last ICR, where there were 517 accredited trainingproviders listed, but is very close to the number used in the 1994 ICR, of 726 providers.

Providing access to records is expected to take 5.5 hours per year per training provider, asindicated in Worksheet 3, while the retention of the records is considered customary and usualbusiness practice. Therefore, no additional burden is associated with this task. The calculatedannual recordkeeping burden for all training providers is 3,982 hours. Assuming that all currenttraining providers operate for the estimated 17-year remaining life span of schools and otherpublic or commercial buildings containing ACM, the total burden remaining from the MAP Rulefor training providers is 67,694 hours.

6(b) Estimating Respondent Costs

The cost estimates addressed in this section are based on the burden estimates discussedabove and additional non-wage costs discussed below. Wage rates (including fringe) have beenincreased from the values in the AHERA RIA (EPA, 1987c), the Supplemental ICR for theAsbestos-Containing Materials in Schools Rule (EPA, 1993), and the previous two ICRs (EPA,1994 and 1997) to reflect March 2000 levels. Methods for scaling hourly wage rates to 2000levels are discussed for each respondent category.

Local Education Agencies

The cost to LEAs from the implementation of the Schools Rule include the wagesassociated with the burden estimates in Section 6(a). In addition, schools are required to provideannual notification to parents and other interested parties of the presence of ACM, as well as theavailability of the management plan for public review. The last ICR (EPA, 1997) estimated theannual notification cost to be $77 per school. This cost was updated to $81 in 2000 dollars usingimplicit price deflators for the Gross Domestic Product (GDP). Time burden associated with theannual notification is minimal and has therefore not been incorporated into burden estimates.

Wage rates were updated from the 1997 wage rates to March 2000 wage rates using theEmployment Cost Index for total compensation, as follows:

? The estimated 1997 public school asbestos program manager, custodian, andclerical staff hourly wages were $31.50, $15.75, and $14.18, respectively. Similarly, the estimated 1997 private school hourly wages were $35.44, $17.85,and $14.18, respectively.

• Using data from the Employment Cost Index⁽²⁾, the ratio of March 2000 to March1997 total compensation for public school employees was calculated to be 1.086. Thus, total compensation had risen by 8.6 percent during the three-year period forthose workers. Private sector total compensation for private school employeesrose by 11.4 percent during the same period.

  
  
  

• Multiplying the public school wage rates by the 1.086 yields updated 2000 wagerates for public schools. Multiplying the private school wage rates by 1.14 yieldsupdated 2000 wage rates for private schools. The wages are for asbestosprogram managers, custodians, and clerical staff.



• The updated estimated 2000 hourly wage rates for public school asbestos programmanager, custodian, and clerical staff are $34.21, $17.87, and $15.40, respectively. Similarly, the estimated 2000 private school hourly wages are $39.48, $19.88 and$15.80, for private school asbestos
program manager, custodian, and clerical staff,respectively.




These values were used in Worksheet 4 to calculate current recordkeeping and reportingcosts to schools with friable and/or nonfriable ACM, as shown below.





Worksheet 4 indicates that the annual reporting costs for public schools range from $416for public primary schools with only nonfriable ACM, to $1,316 for public secondary schools withfriable ACM. Annual costs for private schools range from $453 for schools with nonfriable ACMonly to $938 for schools with friable ACM.





Worksheet A-2 in Attachment E combines per-school annual cost estimates with theestimated number of schools given in Worksheet A-1. Assuming all schools with friable and nonfriable ACM are involved in all relevant activities results in a total undiscounted cost of $991million over 17 years. This is equivalent to a $58 million annual cost over all schools, or $545 perschool per year. This is a decline from 1997 levels. While the costs of the individual componentsof this figure have increased because of inflation, these increases have been more than offset bythe costs that have dropped out because of the declining number of years left to implement therule. The ratios of hours, costs, and numbers of schools have changed slightly, leading to aslightly higher per school cost of $545, versus $536 per school, in the previous ICR.









Worksheet 4: Current Annual Management Plan Recordkeeping Costs Per School
Schools With Friable ACM	School Type
	Primary	Secondary	Private
Implement Management Plan
Asbestos program manager - Activity planning, create and gatherinformation, prepare reports, record and review information	$34.21/hr	$34.21/hr	$39.48/hr
Burden hours	10	15	10
Custodial - Gather, record, process and store information	$17.87	$17.87	$19.88
Burden hours	4	8	4
Clerical - Gather, record, process and store information	$15.40	$15.40	$15.80
Burden hours	16	30	16
Subtotal for FACM: Total Management Plan Burden Hours	30	53	30
Cost/school	$660	$1,110	$727
Implement Operations and Maintenance (O&M) Plan
Asbestos program manager - Activity planning, create and gatherinformation, prepare reports, record and review information	$34.21/hr	$34.21/hr	$39.48/hr
Burden hours	2	2	2
Custodial - Gather, record, process and store information	$17.87	$17.87	$19.88
Burden hours	1	1	1
Clerical - Gather, record, process and store information	$15.40	$15.40	$15.80
Burden hours	2	2	2
Subtotal for FACM: Total O&M Plan Burden Hours	5	5	5
Cost/school	$116	$116	$130
Total for FACM: Total recordkeeping burden per school -Burden Hours	35	58	35
Cost/school1	$858	$1,316	$938
Schools With Nonfriable ACM2
Asbestos program manager	$34.21/hr	$34.21/hr	$39.48/hr
Burden hours	5	8	5
Custodial	$17.87	$17.87	$19.88
Burden hours	4	8	4
Clerical	$15.40	$15.40	$15.80
Burden hours	6	12	6
Total for NFACM: Burden hours	15	28	15
Cost/school1	$416	$682	$453
Source: EPA. 1987. AHERA Economic Impact Analysis; Table 11 and Appendix G: "Second Year ImplementationCosts." 1Costs per school include an annual notification cost of $81 per year. 2Tasks identified for staff in schools with NFACM only are the same as those for schools with FACM.
























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 ofthe 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 estimates theannual cost of State compliance with the MAP Rule.





The Federal wage increase from 1997 to 2000 was used to update all State and EPAhourly wages to 2000 year levels. During the past three-year period, the average Federal salary increased by a total of 10.2 percent. (See OPM Web site http://www.opm.gov/feddata/99factbk.pdf for 1998-1999 data, and OPM.gov for 2000 pay tables.) In the previous ICR, Statemanagement, legal, technical, and clerical personnel hourly wages were $50.50, $80.79, $39.27,and $20.20, respectively. Multiplying by 1.102 yields $55.65, $89.03, $43.28, and $22.26,respectively. The Employment Cost Index was used to update private sector training providerwages to 2000 levels.





In subsequent years, these costs fall to $193,350 per year for all states. Over a 17-yearperiod, total costs to all States are $3.29 million. The costs are around $3,900 per State per year.





Worksheet 5: Annual State Cost Estimates
Collection Activity	Burden Hours				Hours	Cost
	Mgmt @$55.65/hour	Legal @$89.03/hour	Tech @$43.28/hour	Cler @ $22.26/hour
Implement a State accreditationprogram which is not less stringentthan the regulation	8	0	23	109	140	$3,867
Total annual activities	8	0	23	109	140	$3,867
ANNUAL RECORDKEEPING COST: 0
ANNUAL REPORTING COST FOR THE MAP RULE: Cost total ($3,867) x No. Respondents (50) = $193,350





Training Providers

The reporting and recordkeeping burden under the MAP Rule for asbestos trainingproviders is described in Section 6(a). According to the previous ICR, 1997 hourly wages fortraining providers were $31.44 for management personnel and $12.58 for clerical personnel. Adjusting these wages by the 11.4 percent increase from the Employment Cost Index data forprivate industry workers through March 2000 (June 2000 report) gives hourly wages of $35.84and $14.01 for management and clerical personnel, respectively. In addition, the previous ICRlists a materials cost of $436 associated with the annual recordkeeping requirements of the MAPRule. Adjusting the materials cost by the GDP implicit price deflator of 4.6 percent, yields a







2000 cost of $456. Worksheet 6 shows the estimated cost to training providers of complyingwith the MAP Rule. The adjusted annual cost per currently-operating training provider is $533. With an estimated 724 training providers in business, the total annual cost to all providers is$385,892.





Worksheet 6: Annual Respondent Cost Estimates for Training Providers
Collection Activity	Burden Hours		Freq/Year	Hours	Cost
	Mgmt @$35.84/hr	Cler @$14.01/hr
1. Retain records Materials cost	0	0	1	0	$ 0 $456
2. Provide reasonable access to records toEPA or State	0	0.5	11	5.5	$ 77
Total	0	0.5	11	5.5	$533
ANNUAL RECORDKEEPING BURDEN: 0
ANNUAL COST: Cost total ($533) x No. Respondents (724) = $385,892





6(c) Estimating Agency Burden And Cost





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





EPA Burden





The EPA activities associated with the Schools Rule are related to implementation of therule's provisions. In the AHERA RIA (EPA, 1987c), EPA estimated that the Federalimplementation 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 subsequentyears. Because the rule is now past the initial four year period, the remaining EPA burden fromimplementing the Schools Rule is two FTEs annually for 17 years. This represents an annualburden of 4,160 hours, or a 17-year burden of 70,720 hours.





In addition, an estimated 220 hours per year of management and technical labor arerequired to respond to questions about the MAP Rule. The annual burden from both rulescombined is estimated to be 4,380 (4,160 + 220) hours in subsequent years.





The EPA regional burden associated with auditing training provider courses and records isexpected to be approximately 144 hours per year per regional office. Over all 10 regions, thetotal annual burden is expected to be 1,440 hours.





EPA Costs





The EPA burden associated with the Schools Rule is two FTEs per year for 17 years. According to the Supplemental ICR for the Asbestos-Containing Materials in Schools Rule(EPA, 1993), the majority of work associated with the MAP Rule is performed at the GS-13level. This analysis assumes that GS-13 level personnel perform all the work for the SchoolsRule. In the previous ICR, the 1997 GS-13 level hourly wage was $42.65 for EPA Headquartertechnical staff and $35.82 for regional technical staff (includes 60 percent for loading factor). The1997 management level wage rate used was $50.58 per hour. Adjusted to 2000 levels with the10.2 percent federal pay increase yields hourly wage rates of $47.00 for EPA Headquartertechnical staff and $39.47 for regional technical staff. The 2000 management level wage ratebecomes $55.74 per hour. Two GS-13 FTEs at the EPA Headquarter level, therefore, incur anondiscounted cost of $195,520 per year, ($97,760 fully loaded salary each per year x 2 at $47.00hourly rate),or $3.32 million over 17 years.





The annual burden for EPA Headquarters will be an estimated 220 hours. With 20 ofthese hours falling under management time ($55.74 x 20 hours = $1,115) and the rest undertechnical effort ($39.74 x 200 = $9,400), the annual cost to EPA headquarters from the MAPRule is $10,515 ($1,115 + $9,400). Assuming that activities associated with the MAP Rule arealso completed in 17 years, the total cost to EPA Headquarters from the MAP Rule would be$178,755 ($10,515 x 17 years). Thus, the total cost to EPA Headquarters from both rules wouldbe $3.5 million over 17 years (nondiscounted), or $206,035 per year.





The EPA regional burden is expected to be 144 hours per year per regional office (seeWorksheet 7). With all hours performed by technical staff, the annual cost per regional office is$5,684 or $56,840 per year over all 10 regions. These calculations are shown in Worksheet 8. Assuming that activities associated with the MAP Rule are completed in 17 years, the total cost toEPA regional offices from the MAP Rule would be $966,280 across all regions ($96,628 peroffice). Total EPA costs for both rules over the next17 years would therefore be approximately$4.47 million (undiscounted).







Worksheet 7: Annual Agency Burden Estimates for Headquarters and Regional Offices
Collection Activity	Burden Hours		Frequency per Year	Hours
	Mgmt	Tech
EPA Headquarters
1. Perform recordkeeping tasks under the Schools Rule	0	4,160	1	4,160
2. Answer respondent questions about the MAP Rule	20	200	1	220
EPA Regional Offices
1. Audit training provider courses and records for compliancemonitoring purposes	0	8	18	144
ANNUAL BURDEN:
FOR EPA HEADQUARTERS: 4,160 + 220 = 4,380
FOR EPA REGIONAL OFFICES: Hrs. (144) x No. Respondents (10) = 1,440







Worksheet 8: Annual Agency Cost Estimates for Headquarters and Regional Offices
Collection Activity	Burden Hours		Freq.Per Year	Hours	Costs
	Mgmt @ $55.74/hr(HQ)	Tech @ $47.00/hr(HQ) $39.47/hr(Regions)
EPA Headquarters
1. Perform recordkeeping and reportingtasks under the Schools Rule	0	4,160	1	4,160	$195,520
2. Answer respondent questions for theMAP Rule	20	200	1	220	$10,515
EPA Regional Offices
1. Audit training provider courses andrecords for compliance monitoring purposes	0	8	18	144	$5,684
ANNUAL REPORTING COST:
FOR EPA HEADQUARTERS: $195,520 + $10,515 = $206,035
FOR EPA REGIONAL OFFICES: $5,684 x No. Regions (10) = $56,684











6(d) Bottom Line Burden Hours And Costs





(i) The respondent tally





Average Annual Respondent Aggregation Table
	Burden (hours/year)	Costs ($/year)
Local Education Agencies	2,201,169	$58,281,495
Training Providers	3,982	$ 385,892
States	7,000	$ 193,350
TOTAL	2,212,151	$58,860,737





(ii) The Agency tally





Average Annual Agency Aggregation Table
	Burden (hours/year)	Costs ($/year)
Headquarters	4,380	$206,035
Regions	1,440	$ 56,840
TOTAL	5,820	$262,875





6(e) Reasons For Change in Burden





The total burden imposed on respondents has decreased since the most recently approvedclearance of this information collection. EPA anticipates that the total annual burden for thisinformation collection currently amounts to an average of 2,212,151 hours per year over thenext17 years. This compares with an average annual burden of 2,367,293 hours in the mostrecently approved clearance of this information collection. Decreases in total burden reflect thechanges in the numbers of school buildings containing friable asbestos (adjustment). This increaseis offset by a very small amount by an increase in the burden associated with training providers(adjustment). Overall, the burden estimates in this ICR represents a decrease of 155,142 hoursfrom the burden estimates in the most recent OMB approval. See tabular summary below.





Changes in Burden
Respondent Type	Burden Hour Estimates			Reason for Change
	Previous	Current	Difference
Local Education Agencies	2,357,449	2,201,169	-156,280	Adjustment
Training Providers	2,844	3,982	+1,138	Adjustment
States	7,000	7,000	0	No change
Totals	2,367,293	2,212,151	155,142	Adjustment





6(f) Burden Statement





The annual public burden for this collection of information, which is approved under OMBControl No. 2070-0091, is estimated to be 21 hours per response for schools, 140 hours perresponse for states, and 5.5 hours per response for training providers. According to thePaperwork Reduction Act, "burden" means the total time, effort, or financial resources expendedby persons to generate, maintain, retain, or disclose or provide information to or for a Federalagency. 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 verifyinginformation, 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; completeand review the collection of information; and transmit or otherwise disclose the information. Anagency may not conduct or sponsor, and a person is not required to respond to, a collection ofinformation unless it displays a currently valid OMB control number. The OMB control numberfor this information collection appears above. In addition, the OMB control numbers for EPA'sregulations, after initial display in the final rule, are listed in 40 CFR part 9.





Send comments on the Agency's need for this information, the accuracy of the providedburden estimates, and any suggested methods for minimizing respondent burden, includingthrough the use of automated collection techniques, to the Director, Collection StrategiesDivision, U.S. Environmental Protection Agency (Mail Code 2822), 1200 Pennsylvania Ave.,NW., Washington, D.C. 20460. Include the OMB control number identified above in anycorrespondence. Do not submit the completed form or requested information to this address. The actual information or form should be submitted in accordance with the instructionsaccompanying the form, or as specified in the corresponding regulations.





Attachments: (Note: Electronic copies of Attachments A through F are available as part of theelectronic file for this supporting statement.)





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 Friableand Nonfriable ACM over Next 20 Years; and

Worksheet A-2: Per-School Annual Cost Estimates Combined withEstimated Change in Number of Schools with Friable and Nonfriable ACMover Next 20 Years as Reported in Worksheet A-1

Attachment F Display Related to OMB Control #2070-0091

Attachment G Required Public Notice Prior to ICR Submission to OMB (65 FR 63071,October 20, 2000). This document can be downloaded from the Internet athttp://www.epa.gov/fedrgstr/EPA-TOX/2000/October/Day-20/t27013.htm







EPA ICR No. 1365.06; 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 proposeregulations within 180 days after October 22, 1986. Any regulation promulgated under thissection 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 undersection 2646(d) of this title, for determining whether asbestos-containing material is present in aschool building under the authority of a local educational agency. The regulations shall providefor the exclusion of any school building, or portion of a school building, if (1) an inspection ofsuch 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 thissubchapter or of the ''Guidance for Controlling Asbestos-Containing Materials in Buildings''(unless the Administrator determines that an inspection in accordance with the guidance documentis inadequate). The regulations shall require inspection of any school building (or portion of aschool 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 isdamaged, deteriorated, or delaminated.

(B) Significant damage

Circumstances in which friable asbestos-containing material or its covering issignificantly damaged, deteriorated, or delaminated.

(C) Potential damage

Circumstances in which -

(i) friable asbestos-containing material is in an area regularly used by buildingoccupants, including maintenance personnel, in the course of their normalactivities, and

(ii) there is a reasonable likelihood that the material or its covering will becomedamaged, deteriorated, or delaminated.

(D) Potential significant damage

Circumstances in which -

(i) friable asbestos-containing material is in an area regularly used by buildingoccupants, including maintenance personnel, in the course of their normalactivities, and

(ii) there is a reasonable likelihood that the material or its covering will becomesignificantly 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 schoolbuilding under the authority of a local educational agency, using the least burdensomemethods which protect human health and the environment. In determining the leastburdensome methods, the Administrator shall take into account local circumstances,including occupancy and use patterns within the school building and short- and long-termcosts.

(2) Response action for damaged asbestos

In the case of a response action for the circumstances described in subsection (c)(1)(A) ofthis 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) ofthis 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) ofthis section, methods for responding shall include methods identified in chapters 3 and 5 ofthe ''Guidance for Controlling Asbestos-Containing Material in Buildings'', unlesspreventive measures will eliminate the reasonable likelihood that the asbestos-containingmaterial 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) ofthis section, methods for responding shall include methods identified in chapter 5 of the''Guidance for Controlling Asbestos-Containing Material in Buildings'', unless preventivemeasures will eliminate the reasonable likelihood that the asbestos-containing material willbecome significantly damaged, deteriorated, or delaminated.

(6) ''Preventive measures'' defined

For purposes of this section, the term ''preventive measures'' means actions whicheliminate the reasonable likelihood of asbestos-containing material becoming damaged,deteriorated, or delaminated, or significantly damaged [1] deteriorated, or delaminated (asthe 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 anddistribute to all local education agencies and State Governors information or an advisoryto -

(A) facilitate public understanding of the comparative risks associated within-place management of asbestos-containing building materials and removals;

(B) promote the least burdensome response actions necessary to protect humanhealth, safety, and the environment; and

(C) describe the circumstances in which asbestos removal is necessary to protecthuman health.

Such information or advisory shall be based on the best available scientific evidence andshall be revised, republished, and redistributed as appropriate, to reflect new scientificfindings.





(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 buildingunder the authority of a local educational agency.

(2) Provisions for surveillance and periodic reinspection of such friable and non-friableasbestos.

(3) Provisions for education of school employees, including school service andmaintenance personnel, about the location of and safety procedures with respect to suchfriable 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 educationalagency 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 tocomplete implementation of such plan in a timely fashion. The regulations shall requirethat each plan include the following elements, wherever relevant to the school building:

(A) An inspection statement describing inspection and response action activitiescarried out before October 22, 1986.

(B) A description of the results of the inspection conducted pursuant to regulationsunder subsection (b) of this section, including a description of the specific areasinspected.

(C) A detailed description of measures to be taken to respond to any friableasbestos-containing material pursuant to the regulations promulgated undersubsections (c), (d), and (e) of this section, including the location or locations atwhich a response action will be taken, the method or methods of response actionto be used, and a schedule for beginning and completing response actions.

(D) A detailed description of any asbestos-containing material which remains in theschool building once response actions are undertaken pursuant to the regulationspromulgated under subsections (c), (d), and (e) of this section.

(E) A plan for periodic reinspection and long-term surveillance activities developedpursuant to regulations promulgated under subsection (g) of this section, and aplan for operations and maintenance activities developed pursuant to regulationspromulgated under subsection (f) of this section.

(F) With respect to the person or persons who inspected for asbestos-containingmaterial and who will design or carry out response actions with respect to thefriable asbestos-containing material, one of the following statements:

(i) If the State has adopted a contractor accreditation plan under section2646(b) of this title, a statement that the person (or persons) is accreditedunder such plan.

(ii) A statement that the local educational agency used (or will use) personswho have been accredited by another State which has adopted a contractoraccreditation plan under section 2646(b) of this title or is accreditedpursuant to an Administrator-approved course under section 2646(c) ofthis title.

(G) A list of the laboratories that analyzed any bulk samples of asbestos-containingmaterial found in the school building or air samples taken to detect asbestos in theschool building and a statement that each laboratory has been accredited pursuantto the accreditation program under section 2646(d) of this title.

(H) With respect to each consultant who contributed to the management plan, thename of the consultant and one of the following statements:

(i) If the State has adopted a contractor accreditation plan under section2646(b) of this title, a statement that the consultant is accredited undersuch plan.

(ii) A statement that the contractor is accredited by another State which hasadopted a contractor accreditation plan under section 2646(b) of this titleor is accredited pursuant to an Administrator-approved course undersection 2646(c) of this title.

(I) An evaluation of resources needed to successfully complete response actionsand 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 statementsigned by an accredited asbestos contractor that such contractor has prepared or assistedin the preparation of such plan, or has reviewed such plan, and that such plan is incompliance with the applicable regulations and standards promulgated or adoptedpursuant to this section and other applicable provisions of law. Such a statement may notbe signed by a contractor who, in addition to preparing or assisting in preparing themanagement plan, also implements (or will implement) the management plan.

(3) Warning labels

(A) The regulations shall require that each local educational agency which hasinspected for and discovered any asbestos-containing material with respect to aschool building shall attach a warning label to any asbestos-containing material stillin routine maintenance areas (such as boiler rooms) of the school building,including -

(i) friable asbestos-containing material which was responded to by a meansother than removal, and

(ii) asbestos-containing material for which no response action was carriedout.

(B) The warning label shall read, in print which is readily visible because of largesize or bright color, as follows:

''CAUTION: ASBESTOS. HAZARDOUS. DO NOT DISTURBWITHOUT PROPER TRAINING AND EQUIPMENT.''

(4) Plan may be submitted in stages

A local educational agency may submit a management plan in stages, with each submissionof 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 abatementof hazardous asbestos-containing material in the school buildings under the authority ofthe agency.

(5) Public availability

A copy of the management plan developed under the regulations shall be available in theadministrative offices of the local educational agency for inspection by the public,including teachers, other school personnel, and parents. The local educational agency shallnotify 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 undersection 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 imposedon a Governor of a State shall be carried out by the Secretary of Defense with respect toany school operated under the defense dependents' education system provided for underthe 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 extentfeasible and consistent with the national security, take such action as may be necessary toprovide for the identification, inspection, and management (including abatement) ofasbestos in any building used by the Department of Defense as an overseas school fordependents of members of the Armed Forces. Such identification, inspection, andmanagement (including abatement) shall, subject to the preceding sentence, be carried outin a manner comparable to the manner in which a local educational agency is required tocarry 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. 1365.06; 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 alocal 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 sections2643(f) and 2644(c) of this title, with respect to friable asbestos-containing material insuch a school or in a public or commercial building, unless such person is accredited by aState 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 withaffected organizations, shall develop a model contractor accreditation plan forStates to give accreditation to persons in the following categories:

(i) Persons who inspect for asbestos-containing material in school buildingsunder the authority of a local educational agency or in public orcommercial buildings.

(ii) Persons who prepare management plans for such schools.

(iii) Persons who design or carry out response actions, other than the typeof action described in sections 2643(f) and 2644(c) of this title, withrespect to friable asbestos-containing material in such schools or in publicor commercial buildings.

(B) Plan requirements

The plan shall include a requirement that any person in a category listed inparagraph (1) achieve a passing grade on an examination and participate incontinuing education to stay informed about current asbestos inspection andresponse action technology. The examination shall demonstrate the knowledge ofthe person in areas that the Administrator prescribes as necessary and appropriatein each of the categories. Such examinations may include requirements forknowledge in the following areas:

(i) Recognition of asbestos-containing material and its physicalcharacteristics.

(ii) Health hazards of asbestos and the relationship between asbestosexposure and disease.

(iii) Assessing the risk of asbestos exposure through a knowledge ofpercentage weight of asbestos-containing material, friability, age,deterioration, location and accessibility of materials, and advantages anddisadvantages of dry and wet response action methods.

(iv) Respirators and their use, care, selection, degree of protectionafforded, fitting, testing, and maintenance and cleaning procedures.

(v) Appropriate work practices and control methods, including the use ofhigh efficiency particle absolute vacuums, the use of amended water, andprinciples of negative air pressure equipment use and procedures.

(vi) Preparing a work area for response action work, including isolatingwork areas to prevent bystander or public exposure to asbestos,decontamination procedures, and procedures for dismantling work areasafter 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 necessityof showers, and procedures to prevent asbestos exposure to an employee'sfamily.

(2) State adoption of plan

Each State shall adopt a contractor accreditation plan at least as stringent as the modelplan developed by the Administrator under paragraph (1), within 180 days after thecommencement of the first regular session of the legislature of such State which isconvened following the date on which the Administrator completes development of themodel plan. In the case of a school operated under the defense dependents' educationsystem 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 leastas 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 anyEnvironmental Protection Agency-approved asbestos training course is consistent with themodel 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 trainingcourse 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 thecourse and test are equivalent to the requirements of the model plan developedunder subsection (b) of this section. If the Administrator so determines, the personshall be considered accredited for the purposes of this subchapter until a date thatis one year after the date on which the State in which such person is employedestablishes 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 asnecessary) -

(A) a list of asbestos courses and tests in effect before October 22, 1986, whichqualify for equivalency treatment under paragraph (2), and

(B) a list of asbestos courses and tests which the Administrator determines underparagraph (1) are consistent with the model plan and which will qualify acontractor for accreditation under such paragraph.





(d) Laboratory accreditation

(1) The Administrator shall provide for the development of an accreditation program forlaboratories by the National Institute of Standards and Technology in accordance withparagraph (2). The Administrator shall transfer such funds as are necessary to the NationalInstitute of Standards and Technology to carry out such program.

(2) The National Institute of Standards and Technology, upon request by theAdministrator, shall, in consultation with affected organizations -

(A) within 360 days after October 22, 1986, develop an accreditation program forlaboratories which conduct qualitative and semi-quantitative analyses of bulksamples of asbestos-containing material, and

(B) within 720 days after October 22, 1986, develop an accreditation program forlaboratories which conduct analyses of air samples of asbestos from schoolbuildings under the authority of a local educational agency.

(3) A laboratory which plans to carry out any such analysis shall comply with therequirements 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 theAsbestos School Hazard Abatement Act of 1984 (20 U.S.C. 4014) is not eligible for suchassistance 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 planbased on the model plan developed under subsection (b) of this section, or

(ii) who is accredited pursuant to an Administrator-approved course undersubsection (c) of this section, and

(B) uses a laboratory (or laboratories) which is accredited under the programdeveloped under subsection (d) of this section.

(2) This subsection shall apply to any financial assistance provided under the AsbestosSchool Hazard Abatement Act of 1984 (20 U.S.C. 4011 et seq.) for activities performedafter the following dates:

(A) In the case of activities performed by persons, after the date which is one yearafter October 22, 1986.

(B) In the case of activities performed by laboratories, after the date which is 180days after the date on which a laboratory accreditation program is completed undersubsection (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, theAdministrator shall publish in the Federal Register a list of all Environmental ProtectionAgency-approved asbestos training courses for persons to achieve accreditation in each categorydescribed in subsection (b)(1)(A) of this section and for laboratories to achieve accreditation. TheAdministrator may continue publishing such a list after August 31, 1991, at such times as theAdministrator considers it useful. The list shall include the name and address of each approvedtrainer and, to the extent available, a list of all the geographic sites where training courses willtake place. The Administrator shall provide a copy of the list to each State official on the listpublished by the Administrator under section 2645(d)(6) of this title and to each regional office ofthe Environmental Protection Agency.







EPA ICR No. 1365.06; OMB Control No. 2070-0091


















Attachment C




Asbestos-Containing Materials in Schools Rule

40 CFR 763, Subpart E









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 asbestos-containing material (ACM) in public and private elementary and secondary schools by visuallyinspecting school buildings for such materials, sampling such materials if they are not assumed tobe ACM, and having samples analyzed by appropriate techniques referred to in this rule. The rulerequires local education agencies to submit management plans to the Governor of their State byOctober 12, 1988, begin to implement the plans by July 9, 1989, and complete implementation ofthe plans in a timely fashion. In addition, local education agencies are required to use persons whohave been accredited to conduct inspections, reinspections, develop management plans, orperform response actions. The rule also includes recordkeeping requirements. Local educationagencies may contractually delegate their duties under this rule, but they remain responsible forthe proper performance of those duties. Local education agencies are encouraged to consult withEPA Regional Asbestos Coordinators, or if applicable, a State's lead agency designated by theState Governor, for assistance in complying with this rule.

(b) Local education agencies must provide for the transportation and disposal of asbestos inaccordance with EPA's ''Asbestos Waste Management Guidance.'' For convenience, applicablesections of this guidance are reprinted as Appendix D of this subpart. There are regulations inplace, 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 CFRpart 173, subpart J) and disposal is covered by the National Emissions Standards for HazardousAir 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 schoolbuilding 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 orlaboratory 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 ofasbestos fibers.

Asbestos means the asbestiform varieties of: Chrysotile (serpentine); crocidolite (riebeckite);amosite (cum- mingtonitegrunerite); anthophyllite; tremolite; and actinolite.

Asbestos-containing material (ACM) when referring to school buildings means any material orproduct which contains more than 1 percent asbestos.

Asbestos-containing building material (ACBM) means surfacing ACM, thermal systeminsulation ACM, or miscellaneous ACM that is found in or on interior structural members or otherparts of a school building.

Asbestos debris means pieces of ACBM that can be identified by color, texture, orcomposition, or means dust, if the dust is determined by an accredited inspector to be ACM.

Damaged friable miscellaneous ACM means friable miscellaneous ACM which hasdeteriorated or sustained physical injury such that the internal structure (cohesion) of the materialis 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; separationof 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 ofphysical injury on the ACM. Asbestos debris originating from the ACBM in question may alsoindicate damage.

Damaged friable surfacing ACM means friable surfacing ACM which has deteriorated orsustained physical injury such that the internal structure (cohesion) of the material is inadequate orwhich has delaminated such that its bond to the substrate (adhesion) is inadequate, or which, forany other reason, lacks fiber cohesion or adhesion qualities. Such damage or deterioration may beillustrated 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 waterstains, scrapes, gouges, mars or other signs of physical injury on the ACM. Asbestos debrisoriginating from the ACBM in question may also indicate damage.

Damaged or significantly damaged thermal system insulation ACM means thermal systeminsulation ACM on pipes, boilers, tanks, ducts, and other thermal system insulation equipmentwhere 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 physicalinjury 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 alsoindicate damage.

Encapsulation means the treatment of ACBM with a material that surrounds or embedsasbestos fibers in an adhesive matrix to prevent the release of fibers, as the encapsulant creates amembrane over the surface (bridging encapsulant) or penetrates the material and binds itscomponents together (penetrating encapsulant).

Enclosure means an airtight, impermeable, permanent barrier around ACBM to prevent therelease of asbestos fibers into the air.

Fiber release episode means any uncontrolled or unintentional disturbance of ACBM resultingin visible emission.

Friable when referring to material in a school building means that the material, when dry, maybe crumbled, pulverized, or reduced to powder by hand pressure, and includes previouslynonfriable 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.

Functional space means a room, group of rooms, or homogeneous area (including crawlspaces or the space between a dropped ceiling and the floor or roof deck above), such asclassroom(s), a cafeteria, gymnasium, hallway(s), designated by a person accredited to preparemanagement plans, design abatement projects, or conduct response actions.

High-efficiency particulate air (HEPA) refers to a filtering system capable of trapping andretaining at least 99.97 percent of all monodispersed particles 0.3 ?m in diameter or larger.

Homogeneous area means an area of surfacing material, thermal system insulation material, ormiscellaneous 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 SecondaryEducation 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 educationsystem provided for under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921, etseq.).

Miscellaneous ACM means miscellaneous material that is ACM in a school building.

Miscellaneous material means interior building material on structural components, structuralmembers or fixtures, such as floor and ceiling tiles, and does not include surfacing material orthermal 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 friableACBM in good condition, ensure clean up of asbestos fibers previously released, and preventfurther 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 maintenancepersonnel, in the course of their normal activities.

(2) There are indications that there is a reasonable likelihood that the material or its coveringwill 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 maintenancepersonnel, in the course of their normal activities.

(2) There are indications that there is a reasonable likelihood that the material or its coveringwill become significantly damaged, deteriorated, or delaminated due to factors such as changes inbuilding use, changes in operations and maintenance practices, changes in occupancy, or recurrentdamage.

(3) The material is subject to major or continuing disturbance, due to factors including, but notlimited to, accessibility or, under certain circumstances, vibration or air erosion.

Preventive measures means actions taken to reduce disturbance of ACBM or otherwiseeliminate 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.

Repair means returning damaged ACBM to an undamaged condition or to an intact state so asto 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 isnot normally frequented by students and in which maintenance employees or contract workersregularly conduct maintenance activities.

School means any elementary or secondary school as defined in section 198 of the Elementaryand 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 alaboratory, 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 recreationalactivities for an academic course in physical education.

(3) Any other facility used for the instruction or housing of students or for the administration ofeducational or research programs.

(4) Any maintenance, storage, or utility facility, including any hallway, essential to theoperation 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 ACMwhere the damage is extensive and severe.

Significantly damaged friable surfacing ACM means damaged friable surfacing ACM in afunctional 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 VirginIslands.

Surfacing ACM means surfacing material that is ACM.

Surfacing material means material in a school building that is sprayed-on, troweled-on, orotherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials onstructural 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, orwater 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 ofasbestos fibers.





Sec. 763.84 General local education agency responsibilities.





Each local education agency shall:

(a) Ensure that the activities of any persons who perform inspections, reinspections, andperiodic surveillance, develop and update management plans, and develop and implementresponse 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 thissubpart E and other applicable Federal and/or State regulations (e.g., the Occupational Safety andHealth Administration asbestos standard for construction, the EPA worker protection rule, orapplicable State regulations).

(c) Ensure that workers and building occupants, or their legal guardians, are informed at leastonce 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, orexterminators) who may come in contact with asbestos in a school are provided informationregarding 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 suchavailability 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 properlyimplemented.

(2) Ensure that the designated person receives adequate training to perform duties assignedunder 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 subpartE and those of the Occupational Safety and Health Administration, U.S. Department of Labor, theU.S. Department of Transportation and the U.S. Environmental Protection Agency.

(h) Consider whether any conflict of interest may arise from the interrelationship amongaccredited personnel and whether that should influence the selection of accredited personnel toperform 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, orotherwise 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 schoolbuilding shall be inspected as described under paragraphs (a) (3) and (4) of this section prior touse as a school building. In the event that emergency use of an uninspected building as a schoolbuilding is necessitated, such buildings shall be inspected within 30 days after commencement ofsuch use.

(3) Each inspection shall be made by an accredited inspector.

(4) For each area of a school building, except as excluded under Sec. 763.99, each personperforming 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 ofnonfriable suspected ACBM.

(iv) Assume that some or all of the homogeneous areas are ACM, and, for each homogeneousarea 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, friablematerial in areas that are assumed to be ACBM, and friable ACBM identified during a previousinspection.

(vi) Record the following and submit to the person designated under Sec. 763.84 a copy ofsuch 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 personmaking 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, exactlocation where each bulk sample is collected, dates that samples are collected, homogeneous areaswhere friable suspected ACBM is assumed to be ACM, and homogeneous areas where nonfriablesuspected ACBM is assumed to be ACM.

(C) A description of the manner used to determine sampling locations, the name and signatureof 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 thissection, are surfacing material, thermal system insulation, or miscellaneous material.

(E) Assessments made of friable material, the name and signature of each accredited inspectormaking 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, eachlocal education agency shall conduct a reinspection of all friable and nonfriable known or assumedACBM 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 orassumed ACBM.

(ii) Visually inspect material that was previously considered nonfriable ACBM and touch thematerial 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 lastinspection 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 and763.87.

(v) Assess, under Sec. 763.88, the condition of the newly friable material in areas wheresamples are collected, and newly friable materials in areas that are assumed to be ACBM.

(vi) Reassess, under Sec. 763.88, the condition of friable known or assumed ACBM previouslyidentified.

(vii) Record the following and submit to the person designated under Sec. 763.84 a copy ofsuch 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 thecondition of known or assumed ACBM.

(B) The exact locations where samples are collected during the reinspection, a description ofthe manner used to determine sampling locations, the name and signature of each accreditedinspector who collected the samples, State of accreditation, and, if applicable, his or heraccreditation number.

(C) Any assessments or reassessments made of friable material, the name and signature of theaccredited inspector making the assessments, State of accreditation, and if applicable, his or heraccreditation number.

(c) General. Thermal system insulation that has retained its structural integrity and that has anundamaged protective jacket or wrap that prevents fiber release shall be treated as nonfriable andtherefore 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 mannerthat is representative of the homogeneous area, bulk samples from each homogeneous area offriable 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 ft²or 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 greaterthan 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 greaterthan 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), anaccredited inspector shall collect, in a randomly distributed manner, at least three bulk samplesfrom 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 systeminsulation 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 bulksamples from each insulated mechanical system that is not assumed to be ACM where cement orplaster 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 theaccredited inspector has determined that the thermal system insulation is fiberglass, foam glass,rubber, or other non-ACBM.

(c) Miscellaneous material. In a manner sufficient to determine whether material is ACM ornot ACM, an accredited inspector shall collect bulk samples from each homogeneous area offriable miscellaneous material that is not assumed to be ACM.

(d) Nonfriable suspected ACBM. If any homogeneous area of nonfriable suspected ACBM isnot assumed to be ACM, then an accredited inspector shall collect, in a manner sufficient todetermine whether the material is ACM or not ACM, bulk samples from the homogeneous area ofnonfriable 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 andsubmitted for analysis, analyzed for asbestos using laboratories accredited by the National Bureauof Standards (NBS). Local education agencies shall use laboratories which have received

interim accreditation for polarized light microscopy (PLM) analysis under the EPA InterimAsbestos Bulk Sample Analysis Quality Assurance Program until the NBS PLM laboratoryaccreditation program for PLM is operational.

(b) Bulk samples shall not be composited for analysis and shall be analyzed for asbestos contentby PLM, using the ''Interim Method for the Determination of Asbestos in Bulk InsulationSamples'' 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 samplesrequired 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 theresults of at least one sample collected from that area shows that asbestos is present in an amountgreater than 1 percent.

(d) The name and address of each laboratory performing an analysis, the date of analysis, andthe name and signature of the person performing the analysis shall be submitted to the persondesignated under Sec. 763.84 for inclusion into the management plan within 30 days of theanalysis.





[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) andprevious inspections specified under Sec. 763.99, the local education agency shall have anaccredited inspector provide a written assessment of all friable known or assumed ACBM in theschool building.

(2) Each accredited inspector providing a written assessment shall sign and date theassessment, provide his or her State of accreditation, and if applicable, accreditation number, andsubmit a copy of the assessment to the person designated under Sec. 763.84 for inclusion in themanagement plan within 30 days of the assessment.

(b) The inspector shall classify and give reasons in the written assessment for classifying theACBM and suspected ACBM assumed to be ACM in the school building into one of thefollowing categories:





(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 thefunctional space.

(2) Condition of the material, specifying:

(i) Type of damage or significant damage (e.g., flaking, blistering, water damage, or other signsof physical damage).

(ii) Severity of damage (e.g., major flaking, severely torn jackets, as opposed to occasionalflaking, minor tears to jackets).

(iii) Extent or spread of damage over large areas or large percentages of the homogeneousarea.

(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 ACMfrom becoming significantly damaged.

(d) The local education agency shall select a person accredited to develop management plans toreview the results of each inspection, reinspection, and assessment for the school building and toconduct any other necessary activities in order to recommend in writing to the local educationagency appropriate response actions. The accredited person shall sign and date therecommendation, provide his or her State of accreditation, and, if applicable, provide his or heraccreditation number, and submit a copy of the recommendation to the person designated underSec. 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 appropriateresponse actions in this section consistent with the assessment conducted in Sec. 763.88. Theresponse actions selected shall be sufficient to protect human health and the environment. Thelocal education agency may then select, from the response actions which protect human healthand 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, shouldremoval be the preferred response action of the local education agency.

(b) If damaged or significantly damaged thermal system insulation ACM is present in abuilding, the local education agency shall:

(1) At least repair the damaged area.

(2) Remove the damaged material if it is not feasible, due to technological factors, to repair thedamage.

(3) Maintain all thermal system insulation ACM and its covering in an intact state andundamaged condition.

(c)(1) If damaged friable surfacing ACM or damaged friable miscellaneous ACM is present in abuilding, 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 inSec. 763.83, the local education agency shall determine which of these response actions protectshuman 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 friablemiscellaneous ACM is present in a building the local education agency shall:

(1) Immediately isolate the functional space and restrict access, unless isolation is not necessaryto protect human health and the environment.

(2) Remove the material in the functional space or, depending upon whether enclosure orencapsulation would be sufficient to protect human health and the environment, enclose orencapsulate.

(e) If any friable surfacing ACM, thermal system insulation ACM, or friable miscellaneousACM that has potential for damage is present in a building, the local education agency shall atleast 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 miscellaneousACM that has potential for significant damage is present in a building, the local education agencyshall:

(1) Implement an O&M program, as described under Sec. 763.91.

(2) Institute preventive measures appropriate to eliminate the reasonable likelihood that theACM or its covering will become significantly damaged, deteriorated, or delaminated.

(3) Remove the material as soon as possible if appropriate preventive measures cannot beeffectively implemented, or unless other response actions are determined to protect human healthand the environment. Immediately isolate the area and restrict access if necessary to avoid animminent and substantial endangerment to human health or the environment.

(g) Response actions including removal, encapsulation, enclosure, or repair, other thansmall-scale, short-duration repairs, shall be designed and conducted by persons accredited todesign and conduct response actions.

(h) The requirements of this subpart E in no way supersede the worker protection and workpractice 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, subpartM (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 educationagency shall visually inspect each functional space where such action was conducted to determinewhether the action has been properly completed.

(2)(i) A person designated by the local education agency shall collect air samples usingaggressive sampling as described in appendix A to this subpart E to monitor air for clearance aftereach 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 forasbestos using laboratories accredited by the National Bureau of Standards to conduct suchanalysis using transmission electron microscopy (TEM) or, under circumstances permitted in this

section, laboratories enrolled in the American Industrial Hygiene Association ProficiencyAnalytical Testing Program for phase contrast microscopy (PCM).

(iii) Until the National Bureau of Standards TEM laboratory accreditation program isoperational, local educational agencies shall use laboratories that use the protocol described inappendix 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 ofasbestos of five air samples collected within the affected functional space and analyzed by theTEM method in appendix A of this subpart E, is not statistically significantly different, asdetermined by the Z-test calculation found in appendix A of this subpart E, from the averageasbestos 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 thethree field blanks described in appendix A of this subpart E is below the filter background level, asdefined 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 fivesamples collected within the affected functional space is equal to or greater than 1,199 L of air fora 25 mm filter or equal to or greater than 2,799 L of air for a 37 mm filter, and the averageconcentration of asbestos as analyzed by the TEM method in appendix A of this subpart E, for thefive 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 fiveair samples within the affected functional space exceeds 70 s/mm², or if the volume of air in eachof 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 mmfilter, 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 forclearance 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 thanor equal to 160 square feet or 260 linear feet. The action shall be considered complete when theresults of samples collected in the affected functional space and analyzed by phase contrastmicroscopy using the National Institute for Occupational Safety and Health (NIOSH) Method7400 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 fivesamples 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 FederalRegister, 800 North Capitol Street, NW, Suite 700, Washington, DC, 20408, and theNon-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. Thisincorporation by reference was approved by the Director of the Federal Register in accordancewith 5 U.S.C. 552(a) and 1 CFR part 51. The method is incorporated as it exists on the effectivedate of this rule, and a notice of any change to the method will be published in the FederalRegister.

(6) To determine the amount of ACBM affected under paragraph (i)(5) of this section, the localeducation agency shall add the total square or linear footage of ACBM within the containmentbarriers used to isolate the functional space for the action to remove, encapsulate, or

enclose the ACBM. Contiguous portions of material subject to such action conductedconcurrently or at approximately the same time within the same school building shall not beseparated 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, andrepair (O&M) program under this section whenever any friable ACBM is present or assumed tobe present in a building that it leases, owns, or otherwise uses as a school building. Any materialidentified as nonfriable ACBM or nonfriable assumed ACBM must be treated as friable ACBMfor purposes of this section when the material is about to become friable as a result of activitiesperformed in the school building.

(b) Worker protection. The protection provided by EPA at 40 CFR 763.121 for workerprotection during asbestos abatement projects is extended to employees of local educationagencies 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 anasbestos 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 areperforming operations, maintenance, and repair activities that are of small-scale, short-duration.

(c) Cleaning--(1) Initial cleaning. Unless the building has been cleaned using equivalentmethods 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 ACBMassumed to be ACM are present shall be cleaned at least once after the completion of theinspection required by Sec. 763.85(a) and before the initiation of any response action, other thanO&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 writtenrecommendation to the local education agency whether additional cleaning is needed, and if so,the methods and frequency of such cleaning.

(d) Operations and maintenance activities. The local education agency shall ensure that theprocedures described below to protect building occupants shall be followed for any operationsand maintenance activities disturbing friable ACBM:

(1) Restrict entry into the area by persons other than those necessary to perform themaintenance 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 airmovement.

(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 releasedfibers.

(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 anymaintenance activities disturbing friable ACBM, other than small-scale, short-durationmaintenance 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 shallensure that the procedures described below are followed in the event of a minor fiber releaseepisode (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 theappropriate response action implemented as required by Sec. 763.90.

(2) Major fiber release episode. The local education agency shall ensure that the proceduresdescribed below are followed in the event of a major fiber release episode (i.e., the falling ordislodging 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 otherthan those necessary to perform the response action.

(ii) Shut off or temporarily modify the air-handling system to prevent the distribution of fibersto other areas in the building.

(iii) The response action for any major fiber release episode must be designed by personsaccredited to design response actions and conducted by persons accredited to conduct responseactions.





Sec. 763.92 Training and periodic surveillance.





(a) Training. (1) The local education agency shall ensure, prior to the implementation of theO&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 abuilding that contains ACBM receive awareness training of at least 2 hours, whether or not theyare required to work with ACBM. New custodial and maintenance employees shall be trained

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 educationagency responsibilities under Sec. 763.84 and the availability and location of the managementplan.

(2) The local education agency shall ensure that all members of its maintenance and custodialstaff who conduct any activities that will result in the disturbance of ACBM shall receive trainingdescribed in paragraph (a)(1) of this section and 14 hours of additional training. Additionaltraining 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 toRespiratory Protection for the Asbestos Abatement Industry, September 1986 (EPA560/OPPTS-86-001), available from the Director, Environmental Assistance Division (7408),Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, RoomE-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 ofthis part, EPA regulations contained in 40

CFR part 763, subpart G, and in 40 CFR part 61, subpart M, and OSHA regulations contained in29 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-approvedasbestos training or received equivalent training for O&M and periodic surveillance activitiesinvolving 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 ineffect, each local education agency shall conduct periodic surveillance in each building that itleases, 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 assumedACBM.

(ii) Record the date of the surveillance, his or her name, and any changes in the condition of thematerials.

(iii) Submit to the person designated to carry out general local education agency responsibilitiesunder 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]









Sec. 763.93 Management plans.





(a)(1) On or before October 12, 1988, each local education agency shall develop an asbestosmanagement plan for each school, including all buildings that they lease, own, or otherwise use asschool buildings, and submit the plan to an Agency designated by the Governor of the State inwhich the local education agency is located. The plan may be submitted in stages that cover aportion 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 theschool prior to its use as a school building. The revised portions of the management plan shall besubmitted 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, thelocal education agency shall submit a management plan for the school to the Agency designatedby the Governor prior to its use as a school.

(b) On or before October 17, 1987, the Governor of each State shall notify local educationagencies in the State regarding where to submit their management plans. States may establishadministrative procedures for reviewing management plans. If the Governor does not disapprovea management plan within 90 days after receipt of the plan, the local education agency shallimplement the plan.

(c) Each local education agency must begin implementation of its management plan on orbefore July 9, 1989, and complete implementation in a timely fashion.

(d) Each local education agency shall maintain and update its management plan to keep itcurrent with ongoing operations and maintenance, periodic surveillance, inspection, reinspection,and response action activities. All provisions required to be included in the management planunder this section shall be retained as part of the management plan, as well as any information thathas been revised to bring the plan up-to-date.

(e) The management plan shall be developed by an accredited management planner and shallinclude:

(1) A list of the name and address of each school building and whether the school buildingcontains friable ACBM, nonfriable ACBM, and friable and nonfriable suspected ACBM assumedto 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 clearlyeach location and approximate square or linear footage of any homogeneous or sampling areawhere material was sampled for ACM, and, if possible, the exact locations where bulk sampleswere collected, and the dates of collection.

(iii) A copy of the analyses of any bulk samples, dates of analyses, and a copy of any otherlaboratory reports pertaining to the analyses.

(iv) A description of any response actions or preventive measures taken to reduce asbestosexposure, including if possible, the names and addresses of all contractors involved, start andcompletion dates of the work, and results of any air samples analyzed during and upon completionof the work.

(v) A description of assessments, required to be made under Sec. 763.88, of material that wasidentified before December 14, 1987, as friable ACBM or friable suspected ACBM assumed to beACM, and the name and signature, State of accreditation, and if applicable, accreditation numberof 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 accreditationand, if applicable, the accreditation number of each accredited inspector performing the inspectionor reinspection.

(ii) A blueprint, diagram, or written description of each school building that identifies clearlyeach location and approximate square or linear footage of homogeneous areas where material wassampled 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 nonfriablesuspected ACBM is assumed to be ACM.

(iii) A description of the manner used to determine sampling locations, and the name andsignature of each accredited inspector collecting samples, the State of accreditation, and ifapplicable, his or her accreditation number.

(iv) A copy of the analyses of any bulk samples collected and analyzed, the name and addressof 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 personperforming the analysis.

(v) A description of assessments, required to be made under Sec. 763.88, of all ACBM andsuspected ACBM assumed to be ACM, and the name, signature, State of accreditation, and ifapplicable, accreditation number of each accredited person making the assessments.

(4) The name, address, and telephone number of the person designated under Sec. 763.84 toensure that the duties of the local education agency are carried out, and the course name, anddates 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 therecommendations, and if applicable, his or her accreditation number.

(6) A detailed description of preventive measures and response actions to be taken, includingmethods to be used, for any friable ACBM, the locations where such measures and action will betaken, reasons for selecting the response action or preventive measure, and a schedule forbeginning and completing each preventive measure and response action.

(7) With respect to the person or persons who inspected for ACBM and who will design orcarry 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 IIof 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 beenaccredited by another State which has adopted a contractor accreditation plan under section206(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.

(8) A detailed description in the form of a blueprint, diagram, or in writing of any ACBM orsuspected ACBM assumed to be ACM which remains in the school once response actions areundertaken 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 activitiesunder Sec. 763.91, and a plan for periodic surveillance under Sec. 763.92, a description of therecommendation 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 localeducation agency to that recommendation.

(10) A description of steps taken to inform workers and building occupants, or their legalguardians, 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 carryout reinspection, operations and maintenance activities, periodic surveillance and training.

(12) With respect to each consultant who contributed to the management plan, the name of theconsultant and one of the following statements:

(i) If the State has adopted a contractor accreditation plan under section 206(b) of Title II ofthe 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 acontractor accreditation plan under section 206(b) of Title II of the Act, or is accredited by anEPA-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 signedby an accredited management plan developer that such person has prepared or assisted in thepreparation 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 orassisting in preparing the management plan, also implements (or will implement) the managementplan.

(g)(1) Upon submission of a management plan to the Governor for review, a local educationagency shall keep a copy of the plan in its administrative office. The management plans shall beavailable, without cost or restriction, for inspection by representatives of EPA and the State, thepublic, including teachers, other school personnel and their representatives, and parents. The localeducation 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, updatedcopy of a management plan for each school under its administrative control or direction. Themanagement plans shall be available, during normal business hours, without cost or restriction, forinspection by representatives of EPA and the State, the public, including teachers, other schoolpersonnel 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 themanagement plan for that school. Management plans shall be available for inspection, withoutcost or restriction, to workers before work begins in any area of a school building. The schoolshall make management plans available for inspection to representatives of EPA and the State, thepublic, including parents, teachers, and other school personnel and their representatives within 5working days after receiving a request for inspection. The school may charge a reasonable cost tomake copies of the management plan.

(4) Upon submission of its management plan to the Governor and at least once each schoolyear, the local education agency shall notify in writing parent, teacher, and employeeorganizations 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. Inthe absence of any such organizations for parents, teachers, or employees, the local educationagency shall provide written notice to that relevant group of the availability of management plansand 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 andmaintained as part of the management plan.

(i) Each management plan must contain a true and correct statement, signed by the individualdesignated by the local education agency under Sec. 763.84, which certifies that the general, localeducation 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 theadministrative office of both the school and the local education agency as part of the managementplan. For each homogeneous area where all ACBM has been removed, the local education agencyshall ensure that such records are retained for 3 years after the next reinspection required underSec. 763.85(b)(1), or for an equivalent period.

(b) For each preventive measure and response action taken for friable and nonfriable ACBMand friable and nonfriable suspected ACBM assumed to be ACM, the local education agency shallprovide:

(1) A detailed written description of the measure or action, including methods used, thelocation where the measure or action was taken, reasons for selecting the measure or action, startand completion dates of the work, names and addresses of all contractors involved, and ifapplicable, their State of accreditation, and accreditation numbers, and if ACBM is removed, thename 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 atthe completion of certain response actions specified by Sec. 763.90(i), the locations wheresamples 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 andsignature of the person performing the analysis, and a statement that the laboratory meets theapplicable 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 educationagency shall provide the person's name and job title, the date that training was completed by thatperson, 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 localeducation agency shall record the name of each person performing the surveillance, the date of thesurveillance, and any changes in the conditions of the materials.

(e) For each time that cleaning under Sec. 763.91(c) is performed, the local education agencyshall record the name of each person performing the cleaning, the date of such cleaning, thelocations cleaned, and the methods used to perform such cleaning.

(f) For each time that operations and maintenance activities under Sec. 763.91(d) areperformed, the local education agency shall record the name of each person performing theactivity, 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 isremoved, 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 ofaccreditation, 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 nameand location of storage or disposal site of the ACM.

(h) For each fiber release episode under Sec. 763.91(f), the local education agency shallprovide the date and location of the episode, the method of repair, preventive measures orresponse 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 friableand nonfriable ACBM and suspected ACBM assumed to be ACM located in routine maintenanceareas (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 posteduntil the ACBM that is labeled is removed.

(c) The warning label shall read, in print which is readily visible because of large size or brightcolor, as follows:





CAUTION: ASBESTOS. HAZARDOUS. DO NOT DISTURB WITHOUT PROPERTRAINING 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 failureto follow procedures and failure to use accredited personnel and laboratories.

(ii) Knowingly submit false information to the Governor regarding any inspection pursuant toregulations under section 203(i) of Title II of the Act.

(iii) Fail to develop a management plan pursuant to regulations under section 203(i) of Title IIof the Act.

(2) Section 207(a) of Title II of the Act (15 U.S.C. 2647) also provides that any localeducation agency which violates any provision of section 207 shall be liable for a civil penalty ofnot more than $5,000 for each day during which the violation continues. For the purposes of thissubpart, 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 IIor any rule promulgated or order issued under Title II. Therefore, any person who violates anyrequirement 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 failor 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 failor 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 violatesany provision of section 15 of Title I of the Act shall be liable to the United States for a civilpenalty in an amount not to exceed $25,000 for each such violation. Each day such a violationcontinues shall, for purposes of this paragraph, constitute a separate violation of section 15. Alocal education agency is not liable for any civil penalty under Title I of the Act for failing orrefusing 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 educationagency) is knowing or willful, criminal penalties may be assessed under section 16(b) of Title I ofthe Act.

(d) Injunctive relief. The Agency may obtain injunctive relief under section 208(b) of Title II ofthe Act to respond to a hazard which poses an imminent and substantial endangerment to humanhealth 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 actionrequired 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 EPAAsbestos Ombudsman, 401 M Street, SW., Washington, DC 20460. The citizen complaint shouldbe 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 complaintwithin a reasonable period of time if the allegations provide a reasonable basis to believe that aviolation of the Act has occurred.

(f) Inspections. EPA may conduct inspections and review management plans under section 11of 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 anopportunity for a public hearing in accordance with paragraphs (b) and (c) of this section, EPAmay waive some or all of the requirements of this subpart E if the State has established and is

implementing or intends to implement a program of asbestos inspection and management thatcontains 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 provisionfor which a waiver has been granted under this section. All requirements of this subpart E shallapply until a waiver is granted under this section.

(b) Request. Each request by a Governor to waive any requirement of this subpart E shall besent with three complete copies of the request to the Regional Administrator for the EPA Regionin which the State is located and shall include:

(1) A copy of the State provisions or proposed provisions relating to its program of asbestosinspection 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 andenforcing the requirements for which a waiver is requested, the names and job titles of responsibleofficials 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 andenforcing the requirements for which a waiver is requested, a description of the functions to beperformed by each agency, how the program will be coordinated by the lead agency to ensureconsistency and effective administration in the asbestos inspection and management programwithin the State, the names and job titles of responsible officials in the agencies, and phonenumbers where the officials can be contacted. The lead agency will serve as the central contactpoint for the EPA.

(3) Detailed reasons, supporting papers, and the rationale for concluding that the State'sasbestos inspection and management program provisions for which the request is made are at leastas stringent as the requirements of this subpart E.

(4) A discussion of any special situations, problems, and needs pertaining to the waiver requestaccompanied 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 andenforcement of the provisions relating to the waiver request.

(6) Copies of any specific or enabling State laws (enacted and pending enactment) andregulations (promulgated and pending promulgation) relating to the request, including provisionsfor assessing criminal and/or civil penalties.

(7) Assurance from the Governor, the Attorney General, or the legal counsel of the lead agencythat the lead agency or other cooperating agencies have the legal authority necessary to carry outthe requirements relating to the request.

(c) General notice--hearing. (1) Within 30 days after receipt of a request for a waiver, EPAwill determine the completeness of the request. If EPA does not request further informationwithin 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 forpublication in the Federal Register a notice that announces receipt of the request, describes theinformation 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 requestand a request for a public hearing detailing specific objections to the granting of a waiver, EPAwill schedule a public hearing to be held in the affected State after the close of the commentperiod and will announce the public hearing date in the Federal Register before the date of thehearing. 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 necessaryto carry out the provisions of asbestos inspection and management in schools relating to thewaiver request.

(2) The State's program of asbestos inspection and management in schools relating to thewaiver request and implementation of the program are or will be at least as stringent as therequirements of this subpart E.

(3) The State has an enforcement mechanism to allow it to implement the program described inthe waiver request

. (4) The lead agency and any cooperating agencies have or will have qualified personnel tocarry out the provisions relating to the waiver request.

(5) The State will devote adequate resources to the administration and enforcement of theasbestos 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 betaken 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 itsdecision to grant or deny, in whole or in part, a Governor's request for a waiver from some or allof the requirements of this subpart E within 30 days after the close of the comment period orwithin 30 days following a public hearing, whichever is applicable. The notice will include theAgency's reasons and rationale for granting or denying the Governor's request. The 30-day periodmay be extended if mutually agreed upon by EPA and the State.

(f) Modifications. When any substantial change is made in the administration or enforcement ofa State program for which a waiver was granted under this section, a responsible official in thelead agency shall submit such changes to EPA.

(g) Reports. The lead agency in each State that has been granted a waiver by EPA from anyrequirement of subpart E of this part shall submit a report to the Regional Administrator for theRegion in which the State is located at least once every 12 months to include the followinginformation:

(1) A summary of the State's implementation and enforcement activities during the lastreporting period relating to provisions waived under this section, including enforcement actionstaken.

(2) Any changes in the administration or enforcement of the State program implemented duringthe last reporting period.

(3) Other reports as may be required by EPA to carry out effective oversight of anyrequirement of this subpart E that was waived under this section.

(h) Oversight. EPA may periodically evaluate the adequacy of a State's implementation andenforcement of and resources devoted to carrying out requirements relating to the waiver. Thisevaluation may include, but is not limited to, site visits to local education agencies without priornotice to the State.

(i) Informal conference. (1) EPA may request that an informal conference be held betweenappropriate 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 outenforcement 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, thatdeficiencies 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 thedeficiencies shall be negotiated between the State and EPA. The plan shall detail the deficienciesfound in the State program, specify the steps the State has taken or will take to remedy thedeficiencies, 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 atthe informal conference, EPA will deliver to the Governor of the State and a responsible official inthe 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 rescissionof the waiver, describes those aspects of the State's program determined to be inadequate, andspecifies 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 schoolbuilding where:

(1) An accredited inspector has determined that, based on sampling records, friable ACBM wasidentified in that homogeneous or sampling area during an inspection conducted before December14, 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 suchdetermination, submit a copy of the statement to the person designated under Sec. 763.84 forinclusion in the management plan. However, an accredited inspector shall assess the friableACBM under Sec. 763.88.

(2) An accredited inspector has determined that, based on sampling records, nonfriable ACBMwas identified in that homogeneous or sampling area during an inspection conducted beforeDecember 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 suchdetermination, submit a copy of the statement to the person designated under Sec. 763.84 forinclusion in the management plan. However, an accredited inspector shall identify whethermaterial that was nonfriable has become friable since that previous inspection and shall assess thenewly-friable ACBM under Sec. 763.88.

(3) Based on sampling records and inspection records, an accredited inspector has determinedthat no ACBM is present in the homogeneous or sampling area and the records show that the areawas sampled, before December 14, 1987 in substantial compliance with Sec. 763.85(a), which

for purposes of this section means in a random manner and with a sufficient number of samples toreasonably ensure that the area is not ACBM.

(i) The accredited inspector shall sign and date a statement, with his or her State ofaccreditation and if applicable, accreditation number that the homogeneous or sampling areadetermined 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 acopy of the inspector's statement to the EPA Regional Office and shall include the statement inthe management plan for that school.

(4) The lead agency responsible for asbestos inspection in a State that has been granted awaiver from Sec. 763.85(a) has determined that, based on sampling records and inspectionrecords, no ACBM is present in the homogeneous or sampling area and the records show that thearea was sampled before December 14, 1987, in substantial compliance with Sec. 763.85(a). Suchdetermination shall be included in the management plan for that school.

(5) An accredited inspector has determined that, based on records of an inspection conductedbefore December 14, 1987, suspected ACBM identified in that homogeneous or sampling area isassumed to be ACM. The inspector shall sign and date a statement to that effect, with his or herState of accreditation and if applicable, accreditation number and, within 30 days of suchdetermination, submit a copy of the statement to the person designated under Sec. 763.84 forinclusion in the management plan. However, an accredited inspector shall identify whethermaterial that was nonfriable suspected ACBM assumed to be ACM has become friable since theprevious inspection and shall assess the newly friable material and previously identified friablesuspected ACBM assumed to be ACM under Sec. 763.88.

(6) Based on inspection records and contractor and clearance records, an accredited inspectorhas determined that no ACBM is present in the homogeneous or sampling area where asbestosremoval 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 EPARegional 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 buildingbuilt after October 12, 1988, or an accredited inspector signs a statement that no ACBM wasspecified as a building material in any construction document for the building, or, to the best of hisor her knowledge, no ACBM was used as a building material in the building. The local educationagency 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 themanagement plan for that school.

(b) The exclusion, under paragraphs (a) (1) through (4) of this section, from conducting theinspection under Sec. 763.85(a) shall apply only to homogeneous or sampling areas of a schoolbuilding 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 educationagency that had been identified as receiving an exclusion by an accredited inspector underparagraphs (a) (3), (4), (5) of this section, or an architect, project engineer or accredited inspectorunder paragraph (a)(7) of this section, the local education agency shall have 180 days followingthe date of identification of ACBM to comply with this subpart E.





EPA ICR No. 1365.06; OMB Control No. 2070-0091
















Attachment D




Model Accreditation Plan

40 CFR 763, Subpart E, Appendix C









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 onepercent 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 topowder by hand pressure. The term includes non-friable asbestos-containing material after suchpreviously 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 oron 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 commercialbuilding, to determine the presence or location, or to assess the condition of, friable or non-friableasbestos-containing building material (ACBM) or suspected ACBM, whether by visual or physicalexamination, or by collecting samples of such material. This term includes reinspections of friableand non-friable known or assumed ACBM which has been previously identified. The term doesnot include the following:

a. Periodic surveillance of the type described in 40 CFR 763.92(b) solely for the purpose ofrecording 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 solelyfor 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 ofdetermining 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 orlinear 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 orless of friable ACBM.

6. ''Public and commercial building'' means the interior space of any building which is not aschool building, except that the term does not include any residential apartment building of fewerthan 10 units or detached single-family homes. The term includes, but is not limited to: industrialand office buildings, residential apartment buildings and condominiums of 10 or more dwellingunits, 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, andoperation 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 anothermaintenance activity not intended as asbestos abatement.

g. Removal of asbestos-containing thermal system insulation not to exceed amounts greaterthan 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 ACMonly if required in the performance of emergency or routine maintenance activity and not intendedsolely as asbestos abatement. Such work may not exceed amounts greater than those which can becontained in a single prefabricated mini-enclosure. Such an enclosure shall conform spatially andgeometrically 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 requiredsubjects of instruction and in terms of length of training. Each initial training course has aprescribed 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-approvedinstructors. EPA or State instructor approval shall be based upon a review of the instructor'sacademic credentials and/or field experience in asbestos abatement.

Beyond the initial training requirements, individual States may wish to consider requiringadditional days of training for purposes of supplementing hands-on activities or for reviewingrelevant state regulations. States also may wish to consider the relative merits of a worker

apprenticeship program. Further, they might consider more stringent minimum qualificationstandards for the approval of training instructors. EPA recommends that the enrollment in anygiven course be limited to 25 students so that adequate opportunities exist for individual hands-onexperience.

States have the option to provide initial training directly or approve other entities to offertraining. The following requirements are for the initial training of persons required to haveaccreditation under TSCA Title II.

Training requirements for each of the five accredited disciplines are outlined below. Persons ineach discipline perform a different job function and distinct role. Inspectors identify and assess thecondition of ACBM, or suspect ACBM. Management planners use data gathered by inspectors toassess the degree of hazard posed by ACBM in schools to determine the scope and timing ofappropriate response actions needed for schools. Project designers determine how asbestosabatement work should be conducted. Lastly, workers and contractor/supervisors carry

out and oversee abatement work. In addition, a recommended training curriculum is alsopresented for a sixth discipline, which is not federally-accredited, that of ''Project Monitor.'' Eachaccredited discipline and training curriculum is separate and distinct from the others. A personseeking accreditation in any of the five accredited MAP disciplines cannot attend two or morecourses 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-ontraining should include working with asbestos-substitute materials, fitting and using respirators,use of glovebags, donning protective clothing, and constructing a decontamination unit as well asother abatement work activities.





1. Workers





A person must be accredited as a worker to carry out any of the following activities withrespect to friable ACBM in a school or public and commercial building: (1) A response actionother than a SSSD activity, (2) a maintenance activity that disturbs friable ACBM other than aSSSD activity, or (3) a response action for a major fiber release episode. All persons seekingaccreditation as asbestos abatement workers shall complete at least a 4-day training course asoutlined 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 anexamination. Hands-on training must permit workers to have actual experience performing tasksassociated 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 aworker.

Because of cultural diversity associated with the asbestos workforce, EPA recommends thatStates adopt specific standards for the approval of foreign language courses for abatementworkers. 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-relateddiseases; routes of exposure; dose-response relationships and the lack of a safe exposure level; thesynergistic effect between cigarette smoking and asbestos exposure; the latency periods forasbestos-related diseases; a discussion of the relationship of asbestos exposure to asbestosis, lungcancer, 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 storageprocedures for respirators; methods for field testing of the facepiece-to-face seal (positive andnegative-pressure fit checks); qualitative and quantitative fit testing procedures; variabilitybetween field and laboratory protection factors that alter respiratory fit (e.g., facial hair); thecomponents of a proper respiratory protection program; selection and use of personal protectiveclothing; use, storage, and handling of non-disposable clothing; and regulations covering personalprotective equipment.

(d) State-of-the-art work practices. Proper work practices for asbestos abatement activities,including descriptions of proper construction; maintenance of barriers and decontaminationenclosure 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 negativepressure 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; avoidanceof eating, drinking, smoking, and chewing (gum or tobacco) in the work area; and potentialexposures, such as family exposure.

(f) Additional safety hazards. Hazards encountered during abatement activities and how to dealwith them, including electrical hazards, heat stress, air contaminants other than asbestos, fire andexplosion hazards, scaffold and ladder hazards, slips, trips, and falls, and confined spaces.

(g) Medical monitoring. OSHA and EPA Worker Protection Rule requirements for physicalexaminations, including a pulmonary function test, chest X-rays, and a medical history for eachemployee.

(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. Withparticular attention directed at relevant EPA, OSHA, and State regulations concerning asbestosabatement 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 followingactivities with respect to friable ACBM in a school or public and commercial building: (1) Aresponse action other than a SSSD activity, (2) a maintenance activity that disturbs friable ACBMother than a SSSD activity, or (3) a response action for a major fiber release episode. All personsseeking accreditation as asbestos abatement contractor/supervisors shall complete at least a 5-daytraining course as outlined below. The training course must include lectures, demonstrations, atleast 14 hours of hands-on training, individual respirator fit testing, course review, and a writtenexamination. Hands-on training must permit supervisors to have actual experience performingtasks 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 directionto workers performing response actions. Supervisors may include those individuals with theposition title of foreman, working foreman, or leadman pursuant to collective bargainingagreements. At least one supervisor is required to be at the worksite at all times while responseactions are being conducted. Asbestos workers must have access to accredited supervisorsthroughout 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 ofasbestos, aerodynamic characteristics, typical uses, physical appearance, a review of hazardassessment considerations, and a summary of abatement control options.

(b) Potential health effects related to asbestos exposure. The nature of asbestos-relateddiseases; 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 storageprocedures for respirators; methods for field testing of the facepiece-to-face seal (positive andnegative-pressure fit checks); qualitative and quantitative fit testing procedures; variabilitybetween field and laboratory protection factors that alter respiratory fit (e.g., facial hair); thecomponents of a proper respiratory protection program; selection and use of personal protectiveclothing; and use, storage, and handling of non-disposable clothing; and regulations coveringpersonal 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 decontaminationenclosure 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 negativepressure 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 anddisposal procedures; and recommended and prohibited work practices. New abatement-relatedtechniques and methodologies may be discussed.

(e) Personal hygiene. Entry and exit procedures for the work area; use of showers; andavoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area. Potentialexposures, such as family exposure, shall also be included.

(f) Additional safety hazards. Hazards encountered during abatement activities and how to dealwith them, including electrical hazards, heat stress, air contaminants other than asbestos, fire andexplosion hazards, scaffold and ladder hazards, slips, trips, and falls, and confined spaces.

(g) Medical monitoring. OSHA and EPA Worker Protection Rule requirements for physicalexaminations, including a pulmonary function test, chest X-rays and a medical history for eachemployee.

(h) Air monitoring. Procedures to determine airborne concentrations of asbestos fibers,including descriptions of aggressive air sampling, sampling equipment and methods, reasons forair monitoring, types of samples and interpretation of results.

EPA recommends that transmission electron microscopy (TEM) be used for analysis of final airclearance samples, and that sample analyses be performed by laboratories accredited by theNational Institute of Standards and Technology's (NIST) National Voluntary LaboratoryAccreditation 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 andrespiratory 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 andexclusions; third-party liabilities and defenses; insurance coverage and exclusions.

(l) Recordkeeping for asbestos abatement projects. Records required by Federal, State, andlocal regulations; records recommended for legal and insurance purposes.

(m) Supervisory techniques for asbestos abatement activities. Supervisory practices to enforceand reinforce the required work practices and discourage unsafe work practices.

(n) Contract specifications. Discussions of key elements that are included in contractspecifications.

(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 beaccredited. All persons seeking accreditation as an inspector shall complete at least a 3-daytraining 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 andrespirator fit testing. The inspector training course shall adequately address the following

topics:

(a) Background information on asbestos. Identification of asbestos, and examples anddiscussion 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-relateddiseases; routes of exposure; dose-response relationships and the lack of a safe exposure level; thesynergistic effect between cigarette smoking and asbestos exposure; the latency periods forasbestos-related diseases; a discussion of the relationship of asbestos exposure to asbestosis, lungcancer, mesothelioma, and cancers of other organs.

(c) Functions/qualifications and role of inspectors. Discussions of prior experience andqualifications for inspectors and management planners; discussions of the functions of anaccredited 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; adiscussion of comprehensive general liability policies, claims-made, and occurrence policies,environmental and pollution liability policy clauses; state liability insurance requirements; bondingand 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 suchsystems; inspecting electrical systems, including appropriate safety precautions; reading blueprintsand as-built drawings.

(f) Public/employee/building occupant relations. Notifying employee organizations about theinspection; 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 theinspection and obtaining access; building record review; identification of probable homogeneousareas 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 theinspector 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 ofbuilding materials that may contain asbestos; touching materials to determine friability; openreturn air plenums and their importance in HVAC systems; assessing damage, significant damage,potential damage, and potential significant damage; amount of suspected ACM, both in totalquantity 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; anddeterioration as assessment factors.

(i) Bulk sampling/documentation of asbestos. Detailed discussion of the ''Simplified SamplingScheme for Friable Surfacing Materials (EPA 560/5-85-030a October 1985)''; techniques toensure 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 repairequipment; 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 schoolor public and commercial buildings be analyzed by a laboratory accredited under the NVLAPadministered by NIST.

(j) Inspector respiratory protection and personal protective equipment. Classes andcharacteristics of respirator types; limitations of respirators; proper selection, inspection; donning,use, maintenance, and storage procedures for respirators; methods for field testing of thefacepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quantitative fittesting procedures; variability between field and laboratory protection factors that alter respiratoryfit (e.g., facial hair); the components of a proper respiratory protection program; selection and useof personal protective clothing; use, storage, and handling of non-disposable clothing.

(k) Recordkeeping and writing the inspection report. Labeling of samples and keying sampleidentification to sampling location; recommendations on sample labeling; detailing of ACMinventory; photographs of selected sampling areas and examples of ACM condition; informationrequired 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 standardizedforms for recording the results of inspections in schools or public or commercial buildings, andthat the use of these forms be incorporated into the curriculum of training conducted foraccreditation.

(l) Regulatory review. The following topics should be covered: National Emission Standardsfor Hazardous Air Pollutants (NESHAP; 40 CFR part 61, Subparts A and M); EPA WorkerProtection Rule (40 CFR part 763, Subpart G); OSHA Asbestos Construction Standard (29 CFR1926.58); OSHA respirator requirements (29 CFR 1910.134); the Asbestos-Containing Materialsin School Rule (40 CFR part 763, Subpart E; applicable State and local regulations, anddifferences between Federal and State requirements where they apply, and the effects, if any, onpublic and nonpublic schools or commercial or public buildings.

(m) Field trip. This includes a field exercise, including a walk-through inspection; on-sitediscussion about information gathering and the determination of sampling locations; on-sitepractice 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 seekingaccreditation as management planners shall complete a 3-day inspector training course as outlinedabove and a 2-day management planner training course. Possession of current and valid inspectoraccreditation shall be a prerequisite for admission to the management planner training course. Themanagement planner course shall include lectures, demonstrations, course review, and a writtenexamination.

EPA recommends the use of audiovisual materials to complement lectures, where appropriate.

TSCA Title II does not require accreditation for persons performing the management plannerrole in public and commercial buildings. Nevertheless, such persons may find this training andaccreditation helpful in preparing them to design or administer asbestos operations andmaintenance 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 andmaintenance programs; setting work priorities; protection of building occupants.

(b) Evaluation/interpretation of survey results. Review of TSCA Title II requirements forinspection and management plans for school buildings as given in section 203(i)(1) of TSCA TitleII; interpretation of field data and laboratory results; comparison of field inspector's data sheetwith laboratory results and site survey.

(c) Hazard assessment. Amplification of the difference between physical assessment and hazardassessment; the role of the management planner in hazard assessment; explanation of significantdamage, damage, potential damage, and potential significant damage; use of a description (ordecision tree) code for assessment of ACM; assessment of friable ACM;

relationship of accessibility, vibration sources, use of adjoining space, and air plenums and otherfactors to hazard assessment.

(d) Legal implications. Liability; insurance issues specific to planners; liabilities associated withinterim control measures, in-house maintenance, repair, and removal; use of results frompreviously performed inspections.

(e) Evaluation and selection of control options. Overview of encapsulation, enclosure, interimoperations and maintenance, and removal; advantages and disadvantages of each method;response actions described via a decision tree or other appropriate method; work practices foreach response action; staging and prioritizing of work in both vacant and occupied buildings; theneed for containment barriers and decontamination in response actions.

(f) Role of other professionals. Use of industrial hygienists, engineers, and architects indeveloping technical specifications for response actions; any requirements that may exist forarchitect 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 ofapplicable EPA guidance documents; what actions should be taken by custodial staff; propercleaning 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 andpenetrating encapsulants; pipe fittings; metal sleeves; polyvinyl chloride (PVC), canvas, and wetwraps; 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 29CFR 1926.58; the National Emission Standard for Hazardous Air Pollutants (NESHAP) found at40 CFR part 61, Subparts A (General Provisions) and M (National Emission Standard forAsbestos); 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 withlaboratory results; on-going recordkeeping as a means to track asbestos disturbance; proceduresfor recordkeeping. EPA recommends that States require the use of standardized forms forpurposes of management plans and incorporate the use of such forms into the initial trainingcourse for management planners.

(j) Assembling and submitting the management plan. Plan requirements for schools in TSCATitle II section 203(i)(1); the management plan as a planning tool.

(k) Financing abatement actions. Economic analysis and cost estimates; development of costestimates; present costs of abatement versus future operation and maintenance costs; AsbestosSchool Hazard Abatement Act grants and loans.

(l) Course review. A review of key aspects of the training course.







5. Project Designer





A person must be accredited as a project designer to design any of the following activities withrespect to friable ACBM in a school or public and commercial building: (1) A response actionother than a SSSD maintenance activity, (2) a maintenance activity that disturbs friable ACBMother 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-daytraining 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 ofthe 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; thesynergistic effect between cigarette smoking and asbestos exposure; the latency period ofasbestos-related diseases; a discussion of the relationship between asbestos exposure andasbestosis, lung cancer, mesothelioma, and cancers of other organs.

(c) Overview of abatement construction projects. Abatement as a portion of a renovationproject; OSHA requirements for notification of other contractors on a multi-employer site (29CFR 1926.58).

(d) Safety system design specifications. Design, construction, and maintenance of containmentbarriers and decontamination enclosure systems; positioning of warning signs; electrical andventilation 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; useof negative-pressure exhaust ventilation equipment; use of HEPA vacuums; proper clean-up anddisposal of asbestos; work practices as they apply to encapsulation, enclosure, and repair; use ofglove bags and a demonstration of glove bag use.

(e) Field trip. A visit to an abatement site or other suitable building site, including on-sitediscussions of abatement design and building walk-through inspection. Include discussion ofrationale 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 storageprocedures for respirators; methods for field testing of the facepiece-to-face seal (positive andnegative-pressure fit checks); qualitative and quantitative fit testing procedures; variabilitybetween field and laboratory protection factors that alter respiratory fit (e.g., facial hair); thecomponents of a proper respiratory protection program; selection and use of personal protectiveclothing; use, storage, and handling of non-disposable clothing.

(g) Additional safety hazards. Hazards encountered during abatement activities and how to dealwith them, including electrical hazards, heat stress, air contaminants other than asbestos, fire, andexplosion hazards.

(h) Fiber aerodynamics and control. Aerodynamic characteristics of asbestos fibers; importanceof proper containment barriers; settling time for asbestos fibers; wet methods in abatement;aggressive air monitoring following abatement; aggressive air movement and negative-pressureexhaust ventilation as a clean-up method.

(i) Designing abatement solutions. Discussions of removal, enclosure, and encapsulationmethods; asbestos waste disposal.

(j) Final clearance process. Discussion of the need for a written sampling rationale foraggressive final air clearance; requirements of a complete visual inspection; and the relationship ofthe visual inspection to final air clearance.

EPA recommends the use of TEM for analysis of final air clearance samples. These samplesshould be analyzed by laboratories accredited under the NIST NVLAP.

(k) Budgeting/cost estimating. Development of cost estimates; present costs of abatementversus future operation and maintenance costs; setting priorities for abatement jobs to reducecosts.

(l) Writing abatement specifications. Preparation of and need for a written project design;means and methods specifications versus performance specifications; design of abatement inoccupied buildings; modification of guide specifications for a particular building; worker

and building occupant health/medical considerations; replacement of ACM with non-asbestossubstitutes.

(m) Preparing abatement drawings. Significance and need for drawings, use of as-builtdrawings as base drawings; use of inspection photographs and on-site reports; methods ofpreparing 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 ofabatement 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 industrialhygienists or engineers; the multi-disciplinary team approach to abatement design.

(r) Occupied buildings. Special design procedures required in occupied buildings; education ofoccupants; 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.











6. Project Monitor





EPA recommends that States adopt training and accreditation requirements for persons seekingto perform work as project monitors. Project monitors observe abatement activities performed bycontractors and generally serve as a building owner's representative to ensure that abatementwork is completed according to specification and in compliance with all relevant statutes andregulations. They may also perform the vital role of air monitoring for purposes of determiningfinal clearance. EPA recommends that a State seeking to accredit individuals as project monitorsconsider adopting a minimum 5-day training course covering the topics outlined below. Thecourse outlined below consists of lectures and demonstrations, at least 6 hours of hands-ontraining, course review, and a written examination. The hands-on training component might besatisfied 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 followingtopics:

(a) Roles and responsibilities of the project monitor. Definition and responsibilities of theproject 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, dose-

response 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 WorkerProtection 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 Stateand 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 andorganization, where asbestos is likely to be found on building systems; renovations and the effectof asbestos abatement on building systems.

(e) Asbestos abatement contracts, specifications, and drawings. Basic provisions of thecontract; relationships between principle parties, establishing chain of command; types ofspecifications, including means and methods, performance, and proprietary and nonproprietary;reading and interpreting records and abatement drawings; discussion of change orders; commonenforcement 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 effectivenessof air filtration equipment; techniques for minimizing fiber release, wet methods, continuouscleaning; abatement methods other than removal; abatement area clean-up procedures; wastetransport and disposal procedures; contingency planning for emergency response.

(g) Asbestos abatement equipment. Typical equipment found on an abatement project; airfiltration devices, vacuum systems, negative pressure differential monitoring; HEPA filtrationunits, theory of filtration, design/construction of HEPA filtration units, qualitative and quantitativeperformance of HEPA filtration units, sizing the ventilation requirements, location of HEPAfiltration units, qualitative and quantitative tests of containment barrier integrity; best availabletechnology.

(h) Personal protective equipment. Proper selection of respiratory protection; classes andcharacteristics 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 airsystems, high pressure v. low pressure, testing for Grade D air, determining proper backup airvolumes.

(i) Air monitoring strategies. Sampling equipment, sampling pumps (low v. high volume), flowregulating devices (critical and limiting orifices), use of fibrous aerosol monitors on abatementprojects; sampling media, types of filters, types of cassettes, filter orientation, storage andshipment of filters; calibration techniques, primary calibration standards, secondary calibrationstandards, temperature/pressure effects, frequency of calibration, recordkeeping and field workdocumentation, calculations; air sample analysis, techniques available and limitations of AHERAon 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 samplepreparation, and AHERA's limits on the use of phase contrast microscopy), what each techniquemeasures; analytical methodologies, AHERA TEM protocol, NIOSH 7400, OSHA referencemethod (non clearance), EPA recommendation for clearance (TEM); sampling strategies forclearance monitoring, types of air samples (personal breathing zone v. fixed-station area) samplinglocation and objectives (pre-abatement, during abatement, and clearance monitoring), number ofsamples to be collected, minimum and maximum air volumes, clearance monitoring(post-visual-inspection) (number of samples required, selection of sampling locations, period ofsampling, aggressive sampling, interpretations of sampling results, calculations), quality assurance;special sampling problems, crawl spaces, acceptable samples for laboratory analysis, sampling inoccupied buildings (barrier monitoring).

(j) Safety and health issues other than asbestos. Confined-space entry, electrical hazards, fireand 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 theASTM E1368 document; conducting inspections for completeness of removal; discussion of ''howclean is clean?''

(l) Legal responsibilities and liabilities of project monitors. Specification enforcementcapabilities; regulatory enforcement; licensing; powers delegated to project monitors throughcontract documents.

(m) Recordkeeping and report writing. Developing project logs/daily logs (what should beincluded, who sees them); final report preparation; recordkeeping under Federal regulations.

(n) Workshops (6 hours spread over 3 days). Contracts, specifications, and drawings: Thisworkshop 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 projectarchitect, engineer or to the building owner based on given conditions and these documents.

Air monitoring strategies/asbestos abatement equipment: This workshop could consist ofsimulated abatement sites for which sampling strategies would have to be developed (i.e.,occupied buildings, industrial situations). Through demonstrations and exhibition, the projectmonitor may also be able to gain a better understanding of the function of various pieces ofequipment used on abatement projects (air filtration units, water filtration units, negative pressuremonitoring devices, sampling pump calibration devices, etc.).

Conducting visual inspections: This workshop could consist, ideally, of an interactive video inwhich a participant is ''taken through'' a work area and asked to make notes of what is seen. Aseries of questions will be asked which are designed to stimulate a person's recall of the area. Thisworkshop could consist of a series of two or three videos with different site conditions anddifferent degrees of cleanliness.





C. Examinations





1. Each State shall administer a closed book examination or designate other entities such asState-approved providers of training courses to administer the closed-book examination topersons seeking accreditation who have completed an initial training course. Demonstrationtesting may also be included as part of the examination. A person seeking initial accreditation in aspecific 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 theState's examination for abatement project designer.

States may develop their own examinations, have providers of training courses developexaminations, or use standardized examinations developed for purposes of accreditation underTSCA 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, orwith commercial or non-profit providers on a regional or national basis. EPA recommends the useof standardized, scientifically-validated testing instruments, which may be beneficial in terms ofboth promoting competency and in fostering accreditation reciprocity between States.

Each examination shall adequately cover the topics included in the training course for thatdiscipline. Each person who completes a training course, passes the required examination, andfulfills whatever other requirements the State imposes must receive an accreditation certificate in aspecific discipline. Whether a State directly issues accreditation certificates, or authorizes trainingproviders 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.

f. An expiration date of 1 year after the date upon which the person successfully completed thecourse 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 forasbestos accreditation under TSCA Title II.

States or training providers who reaccredit persons based upon completion of requiredrefresher 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 forreaccreditation.

Where a State licenses accredited persons but has authorized training providers to issueaccreditation 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 sameinformation required for the accreditation certificates. A State may also choose to issuephoto-identification cards in addition to the required accreditation certificates.

Accredited persons must have their initial and current accreditation certificates at the locationwhere 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 arequirement 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 ofrefresher training for management planners.

5. Project Designers: One full day of refresher training.

The refresher courses shall be specific to each discipline. Refresher courses shall be conductedas 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 inFederal, State, and local regulations, developments in state-of-the-art procedures, and a review ofkey aspects of the initial training course as determined by the State. After completing the annualrefresher course, persons shall have their accreditation extended for an additional year from thedate of the refresher course. A State may consider requiring persons to pass reaccreditationexaminations at specific intervals (for example, every 3 years).

EPA recommends that States formally establish a 12-month grace period to enable formerlyaccredited persons with expired certificates to complete refresher training and have theiraccreditation 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 foraccreditation to meet other qualification and/or experience standards that the State considersappropriate 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 somerequirements 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 oftraining course instructors beyond those prescribed by EPA.

1. Inspectors: Qualifications - possess a high school diploma. States may want to require anAssociate's Degree in specific fields (e.g., environmental or physical sciences).

2. Management Planners: Qualifications - Registered architect, engineer, or certified industrialhygienist or related scientific field.

3. Project Designers: Qualifications - registered architect, engineer, or certified industrialhygienist.

4. Asbestos Training Course Instructor: Qualifications - academic credentials and/or fieldexperience in asbestos abatement.

EPA recommends that States prescribe minimum qualification standards for training instructorsemployed by training providers.





F. Recordkeeping Requirements for Training Providers





All approved providers of accredited asbestos training courses must comply with the followingminimum recordkeeping requirements.

1. Training course materials. A training provider must retain copies of all instructional materialsused in the delivery of the classroom training such as student manuals, instructor notebooks andhandouts.

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 beapproved by either EPA or a State before teaching courses for accreditation purposes. A trainingprovider must notify EPA or the State, as appropriate, in advance whenever it changes courseinstructors. Records must accurately identify the instructors that taught each particular course foreach date that a course is offered.

3. Examinations. A training provider must document that each person who receives anaccreditation certificate for an initial training course has achieved a passing score on theexamination. 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 whoproctored the exam, a copy of the exam, and the name and test score of each person taking theexam. The topic and dates of the training course must correspond to those listed on that person'saccreditation certificate. States may choose to apply these same requirements to examinations forrefresher training courses.

4. Accreditation certificates. The training providers or States, whichever issues theaccreditation certificate, shall maintain records that document the names of all persons who havebeen awarded certificates, their certificate numbers, the disciplines for which accreditation wasconferred, training and expiration dates, and the training location. The training provider or Stateshall maintain the records in a manner that allows verification by telephone of the requiredinformation.

5. Verification of certificate information. EPA recommends that training providers of refreshertraining courses confirm that their students possess valid accreditation before granting courseadmission. EPA further recommends that training providers offering the initial managementplanner training course verify that students have met the prerequisite of possessing valid inspectoraccreditation 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. Thetraining provider, however, may find it advantageous to retain these records for a longer period oftime.

(b) The training provider must allow reasonable access to all of the records required by theMAP, and to any other records which may be required by States for the approval of asbestostraining 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 equallyaccessible to the general public.

(c) If a training provider ceases to conduct training, the training provider shall notify theapproving government body (EPA or the State) and give it the opportunity to take possession ofthat providers asbestos training records.





G. Deaccreditation





1. States must establish criteria and procedures for deaccrediting persons accredited asworkers, contractor/supervisors, inspectors, management planners, and project designers. Statesmust 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 ofinitial 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) Obtaining accreditation from a training provider that does not have approval to offertraining for the particular discipline from either EPA or from a State that has a contractoraccreditation plan at least as stringent as the EPA MAP.

EPA may directly pursue deaccreditation actions without reliance on State deaccreditation orenforcement authority or actions. In addition to the above-listed situations, the Administrator maysuspend 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, forviolations of 40 CFR part 763, or section 113 of the Clean Air Act, 42 U.S.C. 7413, for violationsof 40 CFR part 61, subpart M.

2. Any person who performs asbestos work requiring accreditation under section 206(a) ofTSCA, 15 U.S.C. 2646(a), without such accreditation is in violation of TSCA. The followingpersons are not accredited for purposes of section 206(a) of TSCA:

(a) Any person who obtains accreditation through fraudulent representation of training orexamination documents;

(b) Any person who obtains training documentation through fraudulent means;

(c) Any person who gains admission to and completes refresher training through fraudulentrepresentation of initial or previous refresher training documentation; or

(d) Any person who obtains accreditation through fraudulent representation of accreditationrequirements such as education, training, professional registration, or experience.





H. Reciprocity





EPA recommends that each State establish reciprocal arrangements with other States that haveestablished accreditation programs that meet or exceed the requirements of the MAP. Sucharrangements might address cooperation in licensing determinations, the review and approval of

training programs and/or instructors, candidate testing and exam administration, curriculumdevelopment, policy formulation, compliance monitoring, and the exchange of information anddata. 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 accreditedworkforce as States are able to refine and improve the effectiveness of their programs based uponthe 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 approvalfor that discipline alone. EPA encourages States that currently do not have accreditationrequirements 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 establishaccreditation requirements for the remaining disciplines, the requested information outlined belowshould be submitted to EPA as soon as possible. Any State that had an accreditation programapproved by EPA under an earlier version of the MAP may follow the same procedures to obtainEPA approval of their accreditation program under this MAP.

B. Partial approval of a State Program for the accreditation of one or more disciplines does notmean that the State is in full compliance with TSCA where the deadline for that State to haveadopted 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 thefollowing 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 (ifapplicable).

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 theprogram requirements of this MAP. Addresses for each of the Regional Asbestos Coordinatorsare 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, NJ08837-3679, (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, KS66101, (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 forhaving accreditation requirements that are at least as stringent as the MAP for one or moredisciplines. Any training courses approved by an EPA-approved State Program are considered tobe EPA-approved for purposes of accreditation.





III. Approval of Training Courses





Individuals or groups wishing to sponsor training courses for disciplines required to beaccredited under section 206(b)(1)(A) of TSCA, 15 U.S.C. 2646(b)(1)(A), may apply forapproval from States that have accreditation program requirements that are at least as stringent asthis MAP. For a course to receive approval, it must meet the requirements for the course asoutlined in this MAP, and any other requirements imposed by the State from which approval isbeing sought. Courses that have been approved by a State with an accreditation program at leastas stringent as this MAP are approved under section 206(a) of TSCA, 15 U.S.C. 2646(a), for thatparticular State, and also for any other State that does not have an accreditation program asstringent as this MAP.





A. Initial Training Course Approval





A training provider must submit the following minimum information to a State as part of itsapplication 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 meetsthe 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/orfield experience in asbestos abatement.

8. A description of and an example of the numbered certificates issued to students who attendthe course and pass the examination.





B. Refresher Training Course Approval





The following minimum information is required for approval of refresher training courses byStates:

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 academicand/or field experience in asbestos abatement.

5. A description of and an example of the numbered certificates issued to students whocomplete 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 fromaccredited training programs. States should follow their own administrative procedures inpursuing actions for suspension or withdrawal of approval of training programs. At a minimum,

the criteria shall include:

(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 accreditationinformation; or

(5) Failure to adhere to the training standards and requirements of the EPA MAP or StateAccreditation Program, as appropriate.

In addition to the criteria listed above, EPA may also suspend or withdraw a training course'sapproval where an approved training course instructor, or other person with supervisory authorityover the delivery of training has been found in violation of other asbestos regulations administeredby EPA. An administrative or judicial finding of violation, or execution of a consent agreementand order under 40 CFR 22.18, constitutes evidence of a failure to comply with relevant statutesor regulations. States may wish to adopt this criterion modified to include

their own asbestos statutes or regulations. EPA may also suspend or withdraw approval oftraining programs where a training provider has submitted false information as a part of theself-certification required under Unit V.B. of the revised MAP.

Training course providers shall permit representatives of EPA or the State which approvedtheir training courses to attend, evaluate, and monitor any training course without charge. EPA orState compliance inspection staff are not required to give advance notice of their inspections. EPAmay suspend or withdraw State or EPA approval of a training course based upon the criteriaspecified in this Unit III.C.





IV. EPA Procedures for Suspension or Revocation of Accreditation or TrainingCourse Approval.





A. If the Administrator decides to suspend or revoke the accreditation of any person orsuspend or withdraw the approval of a training course, the Administrator will notify the affectedentity 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, whetherpermanent or otherwise.

3. The conditions, if any, under which the affected entity may receive accreditation or approvalin 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 revokeaccreditation or suspend or withdraw approval.

B. If a hearing is requested by the accredited person or training course provider pursuant to thepreceding paragraph, the Administrator will:

1. Notify the affected entity of those assertions of law and fact upon which the action tosuspend, 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 maydeem appropriate to ensure a fair and impartial hearing.

4. Appoint an EPA attorney as Presiding Officer to conduct the hearing. No person shall serveas 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 tothe preceding paragraph.

3. Promptly notify the affected entity of his or her decision and order. Such an order is a finalAgency action.

D. If the Administrator determines that the public health, interest, or welfare warrantsimmediate action to suspend the accreditation of any person or the approval of any training courseprovider, 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 iseffective.

3. Notify the affected entity of the Administrator's intent to suspend or revoke accreditation orsuspend 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 willbe 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 anydocuments filed by an accredited person or approved training course provider in a hearing underthis 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 opento the public, except that the Presiding Officer may exclude the public to the extent necessary toallow presentation of information which may be entitled to confidential treatment under section 14of TSCA or 40 CFR part 2.





V. Implementation Schedule





The various requirements of this MAP become effective in accordance with the followingschedules:





A. Requirements applicable to State Programs





1. Each State shall adopt an accreditation plan that is at least as stringent as this MAP within180 days after the commencement of the first regular session of the legislature of the State that isconvened 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 satisfiesthe 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 anaccreditation plan at least as stringent as this MAP by April 4, 1994, may:

a. Conduct TSCA training which remains in compliance with the requirements of Unit V.B. ofthis 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 thisMAP.

b. Sustain its approval for any training course providers to conduct training and issue TSCAaccreditation that the State had approved before April 4, 1994, and that remain in compliancewith Unit V.B. of this MAP.

c. Issue accreditation pursuant to an earlier version of the MAP that provisionally satisfies therequirement for TSCA accreditation until October 4, 1994.

Such a State may not approve new TSCA training course providers to conduct training or toissue TSCA accreditation that satisfies the requirements of this MAP until the State adopts anaccreditation 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 asstringent as this MAP by the deadline established in Unit V.A.1., is subject to the following afterthat deadline date:

a. The State loses any status it may have held as an EPA-approved State for accreditationpurposes under section 206 of TSCA, 15 U.S.C. 2646.

b. All training course providers approved by the State lose State approval to conduct trainingand 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 therequirements 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 approvalbecause the State does not comply with the deadline, so long as the provider is in compliance withUnit V.B. of this MAP, and the provider is approved by a State that had complied with an earlierversion 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 forTSCA 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 therequirements 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 thathas approved the provider for TSCA accreditation, that each of the provider's training coursescomplies with the requirements of this MAP. The written submission must document in specificdetail the changes made to each training course in order to comply with the requirements of thisMAP and clearly state that the provider is also in compliance with all other requirements of thisMAP, including the new recordkeeping and certificate provisions. Each submission must includethe following statement signed by an authorized representative of the training provider: ``Undercivil and criminal penalties of law for the making or submission of false or fraudulent statementsor representations (18 U.S.C. 1001 and 15 U.S.C. 2615), I certify that the training described inthis 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 localrequirements.'' A consolidated self-certification submission from each training provider thataddresses all of its approved training courses is permissible and encouraged.

The self-certification must be sent via registered mail, to EPA Headquarters at the followingaddress: Attn. Self-Certification Program, Field Programs Branch, Chemical ManagementDivision (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 alsobe 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 havethe effect of extending approval under this MAP to the training courses offered by the submittingprovider. If a self-certification is not received by the approving government bodies on or beforethe due date, the affected training course is not approved under this MAP. Such training providersmust then reapply for approval of these training courses pursuant to the procedures outlined inUnit III.





C. Requirements applicable to Accredited Persons.





Persons accredited by a State with an accreditation program no less stringent than an earlierversion of the MAP or by an EPA-approved training provider as of April 3, 1994, are accreditedin 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. ofthe revised MAP.





D. Requirements applicable to Non-Accredited Persons.





In order to perform work requiring accreditation under TSCA Title II, persons who are notaccredited by a State with an accreditation program no less stringent than an earlier version of theMAP 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-accreditedpersons may obtain initial accreditation on a provisional basis by successfully completing any ofthe training programs approved under an earlier version of the MAP, and thereby perform workduring the first 6 months after this MAP takes effect. However, by October 4, 1994, these personsmust have successfully completed an upgraded training program that fully complies with therequirements of this MAP in order to continue to perform work requiring accreditation undersection 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. 1365.06; OMB Control No. 2070-0091
















Attachment E




Worksheet A-1: Estimation of Change in Number of Schools with Friable and NonfriableACM over Next 20 Years





Worksheet A-2: Per-School Annual Cost Estimates Combined with Estimated Change inNumber of Schools with Friable and Nonfriable ACM over Next 20 Years as Reported inWorksheet A-1




























































Worksheet A-1: Annual Recordkeeping Burden, by School Type and Asbestos Type
year	ACMtype	previousyear 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
	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)





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
	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.





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 #2070-0091Asbestos-In-Schools Rule. October.





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





U.S. EPA, Office of Toxic Substances, Economics and Technology Division. 1987c. AsbestosHazard 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 SchoolsRule. 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. OMBNo, 2070-0091. EPA ICR #1365.





U.S. EPA. 1997. Renewal ICR for the Asbestos-Containing Materials in Schools Rule. OMBNo, 2070-0091. EPA ICR #1365.





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





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





OPM.gov for 2000 pay tables







EPA ICR No. 1365.06; OMB Control No. 2070-0091



















Attachment F

Display Related to OMB Control #2070-0091 - Listings of

Related Regulations in 40 CFR 9.1

ATTACHMENT F February 27, 2001





Display Related to OMB Control #2070-0091 - Listings of

Related Regulations in 40 CFR 9.1





As of May 10, 1993, the OMB approval numbers for EPA regulations in Chapter I of Title40 of the Code of Federal Regulations (CFR) appear in a listing in 40 CFR 9.1 (58 FR 27472). This listing fulfills the display requirements in section 3507(f) of the Paperwork Reduction Act(PRA) for EPA regulations. The listing at 40 CFR 9.1 displays this OMB Control number for thefollowing regulations:





Program Title 40 CFR citation

---

Asbestos Part 763, subpart E



EPA ICR No. 1365.06; OMB Control No. 2070-0091



















Attachment G





Required Public Notice Prior to ICR Submission to OMB

(65 FR 63071, October 20, 2000)





This document can be downloaded from the Internet athttp://www.epa.gov/fedrgstr/EPA-TOX/2000/October/Day-20/t27013.htm

1. In the previous ICR, Appendix A Worksheets A-1 and A-2 should have begun with year 11, not year 10,as they show. Starting with year 11 would have accurately reflected that at that point, 10 years, not nine, hadelapsed since AHERA went into effect as was described in the text of the ICR. Therefore, in this renewal ICR, thetwo Appendix Worksheets will start with year 14, which will leave 17 years remaining as is discussed in the text.

2. The Employment Cost Index data for elementary and secondary school employees for the period ofMarch 1997 through March 1998 were obtained from the Bureau of Labor Statistics Employment Cost Index,Table 5. Total Compensation, State and Local Government workers: Employment Cost Index by occupation andindustry group, 1981-1998 (not seasonally adjusted). Web site: http://stats.bls.gov/special.requests/ocwc/oclt/ect/ecbl0012.pdfFeb 1997). The same data for the remainder of the periodthrough March 2000 were obtained from Table 2, BLS Employment Cost Trends, Web Site:http://stats.bls.gov/news.release/eci.t02.htm. For private school employees, the Employment Cost Index data forprivate industry workers were obtained from the Economic Indicators, June 2000 report, from the Bureau of LaborStatistics.