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

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

Sec. 763.91 Operations and maintenance.

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

Sec. 763.92 Training and periodic surveillance.

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

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

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

Sec. 763.94 Recordkeeping.

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

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

Sec. 763.95 Warning labels.

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

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

Sec. 763.97 Compliance and enforcement.

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

Sec. 763.98 Waiver; delegation to State.

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

Sec. 763.99 Exclusions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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