February 27, 2001 1 Supporting Statement for a Request for OMB Review under The Paperwork Reduction Act 1 IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection Title: Asbestos Containing Materials in Schools Rule and Revised Asbestos Model Accreditation Plan Rule EPA ICR No. 1365.06 OMB Control No. 2070 0091 1( b) Short Characterization This ICR addresses reporting and recordkeeping requirements found in the Asbestos Containing Materials in Schools Rule (" AHERA Rule") and the Asbestos Model Accreditation Plan ( MAP) Rule.

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

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

This information collection activity will assure that LEAs continue to inspect for asbestos and update management plans with accredited personnel to protect all school building occupants from exposure to asbestos. This collection will also assure that persons who inspect for asbestos, develop management plans, and design or conduct response actions are properly accredited, and that states will adopt appropriate accreditation programs.

2 NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection RECEIVED OPPT NCIC 2003 July 25 9: 56AM OPPT 2003 0043 0002 February 27, 2001 2 AHERA Rule and MAP: The reporting and recordkeeping requirements covered by this ICR are required by the Asbestos Containing Materials in Schools Rule ( 40 CFR 763, Subpart E) and the Model Accreditation Plan ( 40 CFR 763, Subpart E, Appendix C); see Attachments C and D, respectively.

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

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

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

MAP: All of the training and accreditation information collected pursuant to this ICR is specific to the MAP and does not duplicate any other collection. There is no other model accreditation plan for States other than the MAP, and there is no procedure for the accreditation of asbestos training programs under ASHARA other than what is specifically provided for in the MAP. February 27, 2001 3 3( b) Public Notice Required Prior to ICR Submission to OMB In proposing to renew this ICR, EPA provided a 60 day public notice and comment period that ended on December 19, 2000 ( See attachment F). EPA received no comments during the comment period.

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

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

MAP: Consultations occurred with various respondents since development work on the MAP Rule revision began several years ago. Exploratory meetings were held with labor unions ( May 1991) and States ( June 1991) to learn of their interests and concerns. EPA published its proposed changes to the MAP in the Federal Register on May 13, 1992, and formally invited public comment. A public hearing was held June 8, 1992. Commenters who specifically reacted to EPA's proposals regarding recordkeeping requirements were unanimously supportive. An additional hearing, with the cooperation of the National Conference on State Legislatures ( NCSL), occurred on June 9, 1992. Collection activities were discussed with State participants at that time. They continued to express support for EPA's MAP proposals.

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

3( d) Effects of Less Frequent Collection AHERA Rule: If information were collected less frequently, it would be difficult to determine whether an LEA properly inspected for asbestos containing materials and developed an appropriate management plan, and kept these documents up to date including ongoing activities. February 27, 2001 4 MAP: The revised MAP has no routine or repetitive reporting requirements. Training course self certifications, training course approval applications and State Program approval applications are one time submissions. Once approved they do not expire. No less frequent collection schedule is feasible. Recordkeeping requirements are tied directly to training courses and the issuance of accreditation certificates to students successfully completing those courses and passing the requisite exams. If/ when training providers are inactive and not offering courses, no new record generation is required of them.

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

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

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

As reflected in the 1995 statement, EPA had initiated an Agency workgroup in 1994 to evaluate the AHERA Rule for potential amendments related to enforcement, and this effort was subsequently expanded to include the consideration of potential amendments to the record retention and reinspection periods as OMB requested. This workgroup effort did not result in any proposed revisions to the AHERA Rule and has since been abandoned. February 27, 2001 5 The Agency has concluded that the reinspection interval is necessary to satisfy the statutory mandates in AHERA, which specifically mandates the periodic surveillance and reinspection of asbestos containing materials, and that the current interval is appropriate and necessary for ensuring that the asbestos containing material does not subsequently become disturbed or damaged such that it is likely to become a potential hazard to school employees, children and other building occupants or users. The existing reinspection period is consistent with the provisions in 5 CFR 1320.5( d)( 2).

MAP: There are no exceptions to note.

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

3( g) Sensitive Questions This information collection does not include questions of a sensitive nature.

4 THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ SIC and NAICS Codes AHERA Rule and MAP: There are three types of respondents for this information collection request. Local Education Agencies ( LEAs) and States are involved in recordkeeping and reporting activities associated with the Schools Rule, while training providers and States are involved in recordkeeping and reporting activities related to the MAP Rule. The respondent activities are different for each respondent type and are discussed in turn. The respondents to this information collection activity are elementary and secondary school districts ( SIC code 8211, NAICS code 61111), and all states ( SIC code 9411, NAICS code 92311). Additionally, under ASHARA, the Model Accreditation Plan ( MAP) affects training providers ( SIC code 8299, NAICS code 61143), and State Asbestos Accreditation Programs ( SIC code 9431, NAICS code 92312). These respondents are included because they are the providers and guarantors of accreditation, respectively.

4( b) Information Requested ( i) Data Items AHERA Rule: There are no specific data collection instruments used to collect information for this activity. The AHERA Rule originally included a reporting requirement; i. e., management plans were required to be submitted to States for review. This requirement was met by all respondents in the first year of the rule. Thus the AHERA portion of this ICR no longer has an active reporting requirement. The rule continues to require recordkeeping. February 27, 2001 6 MAP: Training providers seeking reapproval for their existing training courses based upon the revised MAP standards, or initial approval for new training programs based upon the increased MAP standards, were required to report the following data items:

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

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

 copies of all instructional materials used;  copies of all instructor resumes and approvals;  copies of examinations and test scores; and  records relating to accreditation certificates.

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

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

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

( ii) Respondent Activities MAP: Training and Accreditation Under AHERA, LEAs shall use trained, accredited persons to perform asbestos related tasks as defined by the revised MAP. Specifically, the MAP shall be used as a tool to accredit persons who:

 conduct inspections or reinspections for asbestos containing material ( ACM);  prepare and/ or update management plans for elementary and secondary schools; and  design or carry out response actions with respect to ACM in those schools.

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

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

 read the regulation;  make any required changes to training programs;  prepare and submit a self certification package to EPA;  retain records/ materials costs ( usual business practice); February 27, 2001 7  provide reasonable access to records to EPA and/ or the State, as requested.

Waiver for State Programs The AHERA Rule provides a procedure to allow States to receive a waiver from some or all of the requirements of the rule if the State has established and is implementing, or intends to implement, a program of asbestos inspection and management at least as stringent as the requirements of the rule. The rule requires specific information to be included in the waiver request submitted to EPA. 9 States have currently been granted this waiver under the Model Accreditation Plan ( MAP).

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

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

As of May 2000, 37 States are operating state accreditation programs under the MAP.

AHERA Rule:

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

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

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

The development and submission of the management plan was a one time activity which February 27, 2001 8 occurred for most schools during the first year after the AHERA regulations went into affect. This activity is assumed to be complete for all schools with ACM, and is therefore no longer included in burden estimates. The recordkeeping activities associated with the management plan implementation, however, are on going and are therefore included in burden estimates.

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

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

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

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

After performing a thorough visual inspection of the area in which the response action was conducted, air testing is performed to determine whether a response action has been properly completed. The rule as it is in effect at this time ( 1997) requires the use of transmission electron microscopy ( TEM) for all removal, enclosure, encapsulation, or repair response actions involving more than 260 linear feet or more than 160 square feet of ACBM. The use of phase contrast microscopy ( PCM) is allowed by the rule for final air sampling where the amounts of ACBM are less than the limits above and greater than for small projects of short duration.

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

The rule requires each LEA to maintain a copy of the management plan( s) in its administrative February 27, 2001 9 office, and each school is required to maintain a copy of its specific management plan in its administrative office. These plans are to be made available for inspection by the public without cost or restriction. LEAs must notify parent, teacher, and employee organizations of the availability of the management plans upon submission of the management plan to the State and at least once each school year.

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

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

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

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

MAP: The rule provides explicit instruction to training providers with preexisting approvals who wish to upgrade and continue offering asbestos training courses under the revised MAP standards. Providers were to submit a one time self certification in the form of a detailed letter to EPA describing changes made to their courses for the purpose of bringing them into compliance with the new MAP. This was required to be done within six months of the revised MAP taking effect. Only one letter was required from each training entity. EPA then compiled a listing of all self certifications received by the February 27, 2001 10 deadline and enter them into the existing data base of approved training providers. After distribution to EPA Regions and State Program offices, compliance and program audits may be carried out. New training providers are to follow the same procedure.

The MAP Rule also prescribes the method by which States are to make application to EPA for accreditation program approval under the revised MAP. States wishing to obtain EPA program approval must make a one time application to the appropriate EPA Regional Office, demonstrating how the State's program is no less stringent than the MAP. It is possible that some States already qualify for a new approval based on their existing program authorities; those States will not need to reapply.

5( c) Small Entity Flexibility The impact of the AHERA Rule and the MAP will primarily affect small asbestos abatement contracting firms or accredited consultants, and training providers that qualify for " small business" status. Small business training providers have a one time only application process for training course approval that allows for flexibility in the way information is prepared and presented. A small business abatement contractor is required to keep and maintain records on the accreditation status of supervisors and abatement workers. Accreditation records are also kept and maintained by consultants, such as inspectors, management planners, and project designers. An advantage accruing from having those records is that of obtaining and retaining eligibility to qualify for work in asbestos control and abatement in schools and public and commercial buildings. With regard to worker protection, AHERA and the MAP impose no additional requirements beyond those that already exist in the OSHA asbestos standard or the EPA Worker Protection Rule.

5( d) Collection Schedule Not applicable for AHERA Rule.

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

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

6 ESTIMATING THE BURDEN AND COST OF THE COLLECTION The original ICR for the Asbestos Containing Materials in Schools Rule (" Schools Rule") based its burden estimates on a 30 year projection to reflect the estimated remaining life span of school February 27, 2001 1 In the previous ICR, Appendix A Worksheets A 1 and A 2 should have begun with year 11, not year 10, as they show. Starting with year 11 would have accurately reflected that at that point, 10 years, not nine, had elapsed since AHERA went into effect as was described in the text of the ICR. Therefore, in this renewal ICR, the two Appendix Worksheets will start with year 14, which will leave 17 years remaining as is discussed in the text.

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

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

6( a) Estimating Respondent Burden Local Education Agencies Local education agency ( i. e., school or school district) reporting and recordkeeping under the Schools Rule may be divided into two main categories: those associated with the management plan and those associated with operations and maintenance ( O& M) activities.

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

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

Worksheet A 1 in Attachment E estimates the change in number of schools with friable and nonfriable ACM over the next 17 years. The calculations in Worksheet A 1 are taken from Table 4 and Appendix G of the AHERA RIA ( EPA, 1987c), and Figure Two, Addendum to ICR # 2070 0091 Asbestos in Schools Rule ( EPA, 1987a). February 27, 2001 12 Worksheet 1: Current Annual Management Plan Recordkeeping Burden Per School With Friable ACM or With Nonfriable ACM Only. ( Hours)

Cost Elements School Type Public Primary Public Secondary Private Schools With Friable ACM ( N1997 = 15,450)

Implement Management Plan Asbestos program manager  Activity planning, create and gather information, prepare activity reports, record and review information 10 15 10 Custodial  Gather, record, process and store information 4 8 4 Clerical  Gather, record, process and store information 16 30 16 Total Management Plan 30 53 30 Implement Operations and Maintenance ( O& M) Plan Asbestos program manager  Activity planning, create and gather information, prepare activity reports, record and review information 2 2 2 Custodial  Gather, record, process and store information 1 1 1 Clerical  Gather, record, process and store information 2 2 2 Total O& M Plan 5 5 5 Total recordkeeping burden per school w/ Friable 35 58 35 Schools With Nonfriable ACM Only ( N2000 = 91,535)

Implement Management Plan Asbestos program manager  Activity planning, create and gather information, prepare activity reports, record and review information 5 8 5 Custodial  Gather, record, process and store information 4 8 4 Clerical  Gather, record, process and store information 6 12 6 Total recordkeeping burden per school w/ Non Friable 15 28 15 Source: EPA. 1987. AHERA Economic Impact Analysis; Table 11 and Appendix G: " Second Year Implementation Costs." Nonfriable ACM does not require O& M. February 27, 2001 13 The intent of the Schools Rule is that all schools with friable ACM have an O& M plan. Assuming that 100 percent of schools perform O& M activities yields a 17 year total burden estimate of approximately 37.4 million hours for all schools. This represents an average annual burden of 2.2 million hours for all schools, or 21 hours per school per year over the 17 year period. This represents a decreased burden of 1 hour per school per year from the previous burden estimate of 22 hours burden estimated in the latest ICR, and is attributable to the slightly changing ratios of the numbers of schools and hours calculated for the 17 remaining years of the rule, compared to the numbers of schools and hours of the 20 remaining years in the previous ICR. February 27, 2001 14 States States are involved in both the Schools Rule and the MAP Rule. State activities related to the Schools Rule have been completed during the elapsed 10 years. The MAP Rule went into effect in 1994, at which time States were to apply to EPA for new program approval. For the purposes of this analysis, all states are assumed to have completed accreditation program approval during the period covered by the last ICR. Therefore, there is no burden for initial State activities included in this ICR.

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

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

Worksheet 2: Annual State Burden Estimates Collection Activity Burden Hours Total Hours Mgmt Legal Tech Clerical Annual activities 1. Implement a State accreditation program that is not less stringent than the regulation 8 0 23 109 140 Total annual activities 8 0 23 109 140 ANNUAL RECORDKEEPING BURDEN: 0 ANNUAL REPORTING BURDEN: Hr. total ( 140) x No. Respondents ( 50) = 7,000 Source: EPA. 1993. Supplemental ICR for the Asbestos Containing Materials in Schools Rule. ( EPA ICR # 1365). Note that years 1  13 have already elapsed.

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

Providing access to records is expected to take 5.5 hours per year per training provider, as indicated in Worksheet 3, while the retention of the records is considered customary and usual business February 27, 2001 15 practice. Therefore, no additional burden is associated with this task. The calculated annual recordkeeping burden for all training providers is 3,982 hours. Assuming that all current training providers operate for the estimated 17 year remaining life span of schools and other public or commercial buildings containing ACM, the total burden remaining from the MAP Rule for training providers is 67,694 hours.

Worksheet 3: Annual Respondent Burden Estimates for Existing Training Providers Collection Activity Burden Hours Freq/ Year Hours 1. Retain records 0 1 0 2. Provide reasonable access to records to EPA or State 0.5 11 5.5 ANNUAL RECORDKEEPING BURDEN: 0 ANNUAL BURDEN: Hr. total ( 5.5) x No. Respondents ( 724) = 3,982 6( b) Estimating Respondent Costs The cost estimates addressed in this section are based on the burden estimates discussed above and additional non wage costs discussed below. Wage rates ( including fringe) have been increased from the values in the AHERA RIA ( EPA, 1987c), the Supplemental ICR for the Asbestos Containing Materials in Schools Rule ( EPA, 1993), and the previous two ICRs ( EPA, 1994 and 1997) to reflect March 2000 levels. Methods for scaling hourly wage rates to 2000 levels are discussed for each respondent category.

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

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

° The estimated 1997 public school asbestos program manager, custodian, and clerical staff hourly wages were $ 31.50, $ 15.75, and $ 14.18, respectively. Similarly, the estimated 1997 private school hourly wages were $ 35.44, $ 17.85, and $ 14.18, respectively. February 27, 2001 2The Employment Cost Index data for elementary and secondary school employees for the period of March 1997 through March 1998 were obtained from the Bureau of Labor Statistics Employment Cost Index, Table 5. Total Compensation, State and Local Government workers: Employment Cost Index by occupation and industry group, 1981 1998 ( not seasonally adjusted). Web site: http:// stats . bls. gov/ special. requests/ ocwc/ oclt/ ect/ ecbl0012. pdfFeb 1997). The same data for the remainder of the period through March 2000 were obtained from Table 2, BLS Employment Cost Trends, Web Site: http:// stats. bls. gov/ news. release/ eci. t02. htm. For private school employees, the Employment Cost Index data for private industry workers were obtained from the Economic Indicators, June 2000 report, from the Bureau of Labor Statistics.

16 C Using data from the Employment Cost Index2, the ratio of March 2000 to March 1997 total compensation for public school employees was calculated to be 1.086. Thus, total compensation had risen by 8.6 percent during the three year period for those workers. Private sector total compensation for private school employees rose by 11.4 percent during the same period.

C Multiplying the public school wage rates by the 1.086 yields updated 2000 wage rates for public schools. Multiplying the private school wage rates by 1.14 yields updated 2000 wage rates for private schools. The wages are for asbestos program managers, custodians, and clerical staff.

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

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

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

Worksheet A 2 in Attachment E combines per school annual cost estimates with the estimated number of schools given in Worksheet A 1. Assuming all schools with friable and non friable ACM are involved in all relevant activities results in a total undiscounted cost of $ 991 million over 17 years. This is equivalent to a $ 58 million annual cost over all schools, or $ 545 per school per year. This is a decline from 1997 levels. While the costs of the individual components of this figure have increased because of inflation, these increases have been more than offset by the costs that have dropped out because of the declining number of years left to implement the rule. The ratios of hours, costs, and numbers of schools have changed slightly, leading to a slightly higher per school cost of $ 545, versus $ 536 per school, in the previous ICR. February 27, 2001 17 Worksheet 4: Current Annual Management Plan Recordkeeping Costs Per School Schools With Friable ACM School Type Primary Secondary Private Implement Management Plan Asbestos program manager  Activity planning, create and gather information, prepare reports, record and review information $ 34.21/ hr $ 34.21/ hr $ 39.48/ hr Burden hours 10 15 10 Custodial  Gather, record, process and store information $ 17.87 $ 17.87 $ 19.88 Burden hours 4 8 4 Clerical  Gather, record, process and store information $ 15.40 $ 15.40 $ 15.80 Burden hours 16 30 16 Subtotal for FACM: Total Management Plan Burden Hours 30 53 30 Cost/ school $ 660 $ 1,110 $ 727 Implement Operations and Maintenance ( O& M) Plan Asbestos program manager  Activity planning, create and gather information, prepare reports, record and review information $ 34.21/ hr $ 34.21/ hr $ 39.48/ hr Burden hours 2 2 2 Custodial  Gather, record, process and store information $ 17.87 $ 17.87 $ 19.88 Burden hours 1 1 1 Clerical  Gather, record, process and store information $ 15.40 $ 15.40 $ 15.80 Burden hours 2 2 2 Subtotal for FACM: Total O& M Plan Burden Hours 5 5 5 Cost/ school $ 116 $ 116 $ 130 Total for FACM: Total recordkeeping burden per school  Burden Hours 35 58 35 Cost/ school1 $ 858 $ 1,316 $ 938 Schools With Nonfriable ACM2 Asbestos program manager $ 34.21/ hr $ 34.21/ hr $ 39.48/ hr Burden hours 5 8 5 Custodial $ 17.87 $ 17.87 $ 19.88 Burden hours 4 8 4 Clerical $ 15.40 $ 15.40 $ 15.80 Burden hours 6 12 6 Total for NFACM: Burden hours 15 28 15 Cost/ school1 $ 416 $ 682 $ 453 Source: EPA. 1987. AHERA Economic Impact Analysis; Table 11 and Appendix G: " Second Year Implementation Costs." 1Costs per school include an annual notification cost of $ 81 per year. 2Tasks identified for staff in schools with NFACM only are the same as those for schools with FACM. February 27, 2001 18 States As discussed in Section 6( a), States have no further costs associated with the Schools Rule. Under the MAP Rule, State accreditation programs are required to at least meet the standards of the revised MAP. The burden estimates associated with the MAP Rule are given in Section 6( a). No additional costs for materials were given in the Supplemental ICR for the Asbestos Containing Materials in Schools Rule ( ICR # 1365) ( EPA, 1993). Worksheet 5 estimates the annual cost of State compliance with the MAP Rule.

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

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

Worksheet 5: Annual State Cost Estimates Collection Activity Burden Hours Hours Cost Mgmt @ $ 55.65/ hour Legal @ $ 89.03/ hour Tech @ $ 43.28/ hour Cler @ $ 22.26/ hour Implement a State accreditation program which is not less stringent than the regulation 8 0 23 109 140 $ 3,867 Total annual activities 8 0 23 109 140 $ 3,867 ANNUAL RECORDKEEPING COST: 0 ANNUAL REPORTING COST FOR THE MAP RULE: Cost total ($ 3,867) x No. Respondents ( 50) = $ 193,350 Training Providers The reporting and recordkeeping burden under the MAP Rule for asbestos training providers is described in Section 6( a). According to the previous ICR, 1997 hourly wages for training providers were $ 31.44 for management personnel and $ 12.58 for clerical personnel. Adjusting these wages by the 11.4 percent increase from the Employment Cost Index data for private industry workers through March 2000 ( June 2000 report) gives hourly wages of $ 35.84 and $ 14.01 for management and clerical personnel, respectively. In addition, the previous ICR lists a materials cost of $ 436 associated with the annual recordkeeping requirements of the MAP Rule. Adjusting the materials cost by the GDP implicit price deflator of 4.6 percent, yields a February 27, 2001 19 2000 cost of $ 456. Worksheet 6 shows the estimated cost to training providers of complying with the MAP Rule. The adjusted annual cost per currently operating training provider is $ 533. With an estimated 724 training providers in business, the total annual cost to all providers is $ 385,892.

Worksheet 6: Annual Respondent Cost Estimates for Training Providers Collection Activity Burden Hours Freq/ Year Hours Cost Mgmt @ $ 35.84/ hr Cler @ $ 14.01/ hr 1. Retain records Materials cost 0 0 1 0 $ 0 $ 456 2. Provide reasonable access to records to EPA or State 0 0.5 11 5.5 $ 77 Total 0 0.5 11 5.5 $ 533 ANNUAL RECORDKEEPING BURDEN: 0 ANNUAL COST: Cost total ($ 533) x No. Respondents ( 724) = $ 385,892 6( c) Estimating Agency Burden And Cost Agency burden and cost estimates are presented in Worksheets 7 and 8.

EPA Burden The EPA activities associated with the Schools Rule are related to implementation of the rule's provisions. In the AHERA RIA ( EPA, 1987c), EPA estimated that the Federal implementation of the Schools Rule would require the services of eight full time equivalent ( FTEs) employees in the first year, four FTEs in years two to four, and two FTEs in subsequent years. Because the rule is now past the initial four year period, the remaining EPA burden from implementing the Schools Rule is two FTEs annually for 17 years. This represents an annual burden of 4,160 hours, or a 17 year burden of 70,720 hours.

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

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

EPA Costs February 27, 2001 20 The EPA burden associated with the Schools Rule is two FTEs per year for 17 years. According to the Supplemental ICR for the Asbestos Containing Materials in Schools Rule ( EPA, 1993), the majority of work associated with the MAP Rule is performed at the GS 13 level. This analysis assumes that GS 13 level personnel perform all the work for the Schools Rule. In the previous ICR, the 1997 GS 13 level hourly wage was $ 42.65 for EPA Headquarter technical staff and $ 35.82 for regional technical staff ( includes 60 percent for loading factor). The 1997 management level wage rate used was $ 50.58 per hour. Adjusted to 2000 levels with the 10.2 percent federal pay increase yields hourly wage rates of $ 47.00 for EPA Headquarter technical staff and $ 39.47 for regional technical staff. The 2000 management level wage rate becomes $ 55.74 per hour. Two GS 13 FTEs at the EPA Headquarter level, therefore, incur a nondiscounted cost of $ 195,520 per year, ($ 97,760 fully loaded salary each per year x 2 at $ 47.00 hourly rate), or $ 3.32 million over 17 years.

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

The EPA regional burden is expected to be 144 hours per year per regional office ( see Worksheet 7). With all hours performed by technical staff, the annual cost per regional office is $ 5,684 or $ 56,840 per year over all 10 regions. These calculations are shown in Worksheet 8. Assuming that activities associated with the MAP Rule are completed in 17 years, the total cost to EPA regional offices from the MAP Rule would be $ 966,280 across all regions ($ 96,628 per office). Total EPA costs for both rules over the next17 years would therefore be approximately $ 4.47 million ( undiscounted). February 27, 2001 21 Worksheet 7: Annual Agency Burden Estimates for Headquarters and Regional Offices Collection Activity Burden Hours Frequency per Year Hours Mgmt Tech EPA Headquarters 1. Perform recordkeeping tasks under the Schools Rule 0 4,160 1 4,160 2. Answer respondent questions about the MAP Rule 20 200 1 220 EPA Regional Offices 1. Audit training provider courses and records for compliance monitoring purposes 0 8 18 144 ANNUAL BURDEN:

FOR EPA HEADQUARTERS: 4,160 + 220 = 4,380 FOR EPA REGIONAL OFFICES: Hrs. ( 144) x No. Respondents ( 10) = 1,440 Worksheet 8: Annual Agency Cost Estimates for Headquarters and Regional Offices Collection Activity Burden Hours Freq. Per Year Hours Costs Mgmt @ $ 55.74/ hr ( HQ) Tech @ $ 47.00/ hr ( HQ) $ 39.47/ hr ( Regions)

EPA Headquarters 1. Perform recordkeeping and reporting tasks under the Schools Rule 0 4,160 1 4,160 $ 195,520 2. Answer respondent questions for the MAP Rule 20 200 1 220 $ 10,515 EPA Regional Offices 1. Audit training provider courses and records for compliance monitoring purposes 0 8 18 144 $ 5,684 ANNUAL REPORTING COST:

FOR EPA HEADQUARTERS: $ 195,520 + $ 10,515 = $ 206,035 FOR EPA REGIONAL OFFICES: $ 5,684 x No. Regions ( 10) = $ 56,684 February 27, 2001 22 6( d) Bottom Line Burden Hours And Costs ( i) The respondent tally Average Annual Respondent Aggregation Table Burden ( hours/ year) Costs ($/ year)

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

Headquarters 4,380 $ 206,035 Regions 1,440 $ 56,840 TOTAL 5,820 $ 262,875 6( e) Reasons For Change in Burden The total burden imposed on respondents has decreased since the most recently approved clearance of this information collection. EPA anticipates that the total annual burden for this information collection currently amounts to an average of 2,212,151 hours per year over the next17 years. This compares with an average annual burden of 2,367,293 hours in the most recently approved clearance of this information collection. Decreases in total burden reflect the changes in the numbers of school buildings containing friable asbestos ( adjustment). This increase is offset by a very small amount by an increase in the burden associated with training providers ( adjustment). Overall, the burden estimates in this ICR represents a decrease of 155,142 hours from the burden estimates in the most recent OMB approval. See tabular summary below.

Changes in Burden Respondent Type Burden Hour Estimates Reason for Change Previous Current Difference Local Education Agencies 2,357,449 2,201,169  156,280 Adjustment Training Providers 2,844 3,982 + 1,138 Adjustment States 7,000 7,000 0 No change Totals 2,367,293 2,212,151 155,142 Adjustment February 27, 2001 23 6( f) Burden Statement The annual public burden for this collection of information, which is approved under OMB Control No. 2070 0091, is estimated to be 21 hours per response for schools, 140 hours per response for states, and 5.5 hours per response for training providers. According to the Paperwork Reduction Act, " burden" means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. For this collection it includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for this information collection appears above. In addition, the OMB control numbers for EPA's regulations, after initial display in the final rule, are listed in 40 CFR part 9.

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

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

Attachment A Asbestos Hazard Emergency Response Act, Section 203 Attachment B Asbestos Hazard Emergency Response Act, Section 206 Attachment C Asbestos Containing Materials in Schools Rule ( 40 CFR 763, Subpart E) Attachment D Model Accreditation Plan ( 40 CFR 763, Subpart E, Appendix C) Attachment E Worksheet A 1: Estimation of Change in Number of Schools with Friable and Nonfriable ACM over Next 20 Years; and Worksheet A 2: Per School Annual Cost Estimates Combined with Estimated Change in Number of Schools with Friable and Nonfriable ACM over Next 20 Years as Reported in Worksheet A 1 Attachment F Display Related to OMB Control # 2070 0091 February 27, 2001 Attachment G Required Public Notice Prior to ICR Submission to OMB ( 65 FR 63071, October 20, 2000). This document can be downloaded from the Internet at http:// www. epa. gov/ fedrgstr/ EPA TOX/ 2000/ October/ Day 20/ t27013. htm EPA ICR No. 1365.06; OMB Control No. 2070 0091 Attachment A Asbestos Hazard Emergency Response Act, Section 203 ( 15 U. S. C. § 2643) February 27, 2001 A 1 US Code as of: 01/ 05/ 99 Sec. 2643. EPA regulations ( a) In general Within 360 days after October 22, 1986, the Administrator shall promulgate regulations as described in subsections ( b) through ( i) of this section. With respect to regulations described in subsections ( b), ( c), ( d), ( e), ( f), ( g), and ( i) of this section, the Administrator shall issue an advanced notice of proposed rulemaking within 60 days after October 22, 1986, and shall propose regulations within 180 days after October 22, 1986. Any regulation promulgated under this section must protect human health and the environment.

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

( c) Circumstances requiring response actions ( 1) The Administrator shall promulgate regulations which define the appropriate response action in a school building under the authority of a local educational agency in at least the following circumstances: ( A) Damage Circumstances in which friable asbestos containing material or its covering is damaged, deteriorated, or delaminated. ( B) Significant damage Circumstances in which friable asbestos containing material or its covering is significantly damaged, deteriorated, or delaminated. ( C) Potential damage Circumstances in which  ( i) friable asbestos containing material is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities, and ( ii) there is a reasonable likelihood that the material or its covering will become damaged, deteriorated, or delaminated. ( D) Potential significant damage Circumstances in which  February 27, 2001 A 2 ( i) friable asbestos containing material is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities, and ( ii) there is a reasonable likelihood that the material or its covering will become significantly damaged, deteriorated, or delaminated. ( 2) In promulgating such regulations, the Administrator shall consider and assess the value of various technologies intended to improve the decision making process regarding response actions and the quality of any work that is deemed necessary, including air monitoring and chemical encapsulants.

( d) Response actions ( 1) In general The Administrator shall promulgate regulations describing a response action in a school building under the authority of a local educational agency, using the least burdensome methods which protect human health and the environment. In determining the least burdensome methods, the Administrator shall take into account local circumstances, including occupancy and use patterns within the school building and short and long term costs. ( 2) Response action for damaged asbestos In the case of a response action for the circumstances described in subsection ( c)( 1)( A) of this section, methods for responding shall include methods identified in chapters 3 and 5 of the '' Guidance for Controlling Asbestos Containing Material in Buildings''. ( 3) Response action for significantly damaged asbestos In the case of a response action for the circumstances described in subsection ( c)( 1)( B) of this section, methods for responding shall include methods identified in chapter 5 of the '' Guidance for Controlling Asbestos Containing Material in Buildings''. ( 4) Response action for potentially damaged asbestos In the case of a response action for the circumstances described in subsection ( c)( 1)( C) of this section, methods for responding shall include methods identified in chapters 3 and 5 of the '' Guidance for Controlling Asbestos Containing Material in Buildings'', unless preventive measures will eliminate the reasonable likelihood that the asbestos containing material will become damaged, deteriorated, or delaminated. ( 5) Response action for potentially significantly damaged asbestos In the case of a response action for the circumstances described in subsection ( c)( 1)( D) of this section, methods for responding shall include methods identified in chapter 5 of the '' Guidance for Controlling Asbestos Containing Material in Buildings'', unless preventive measures will eliminate the reasonable likelihood that the asbestos containing material will become significantly damaged, deteriorated, or delaminated. ( 6) '' Preventive measures'' defined For purposes of this section, the term '' preventive measures'' means actions which eliminate the reasonable likelihood of asbestos containing material becoming damaged, deteriorated, or delaminated, or significantly damaged [ 1] deteriorated, or delaminated ( as the case may be) or which protect human health and the environment. ( 7) EPA information or advisory February 27, 2001 A 3 The Administrator shall, not later than 30 days after November 28, 1990, publish and distribute to all local education agencies and State Governors information or an advisory to  ( A) facilitate public understanding of the comparative risks associated with in place management of asbestos containing building materials and removals; ( B) promote the least burdensome response actions necessary to protect human health, safety, and the environment; and ( C) describe the circumstances in which asbestos removal is necessary to protect human health. Such information or advisory shall be based on the best available scientific evidence and shall be revised, republished, and redistributed as appropriate, to reflect new scientific findings.

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

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

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

( h) Transportation and disposal The Administrator shall promulgate regulations which prescribe standards for transportation and disposal of asbestos containing waste material to protect human health and the environment. February 27, 2001 A 4 Such regulations shall include such provisions related to the manner in which transportation vehicles are loaded and unloaded as will assure the physical integrity of containers of asbestos containing waste material.

( i) Management plans ( 1) In general The Administrator shall promulgate regulations which require each local educational agency to develop an asbestos management plan for school buildings under its authority, to begin implementation of such plan within 990 days after October 22, 1986, and to complete implementation of such plan in a timely fashion. The regulations shall require that each plan include the following elements, wherever relevant to the school building: ( A) An inspection statement describing inspection and response action activities carried out before October 22, 1986. ( B) A description of the results of the inspection conducted pursuant to regulations under subsection ( b) of this section, including a description of the specific areas inspected. ( C) A detailed description of measures to be taken to respond to any friable asbestos containing material pursuant to the regulations promulgated under subsections ( c), ( d), and ( e) of this section, including the location or locations at which a response action will be taken, the method or methods of response action to be used, and a schedule for beginning and completing response actions. ( D) A detailed description of any asbestos containing material which remains in the school building once response actions are undertaken pursuant to the regulations promulgated under subsections ( c), ( d), and ( e) of this section. ( E) A plan for periodic reinspection and long term surveillance activities developed pursuant to regulations promulgated under subsection ( g) of this section, and a plan for operations and maintenance activities developed pursuant to regulations promulgated under subsection ( f) of this section. ( F) With respect to the person or persons who inspected for asbestos containing material and who will design or carry out response actions with respect to the friable asbestos containing material, one of the following statements: ( i) If the State has adopted a contractor accreditation plan under section 2646( b) of this title, a statement that the person ( or persons) is accredited under such plan. ( ii) A statement that the local educational agency used ( or will use) persons who have been accredited by another State which has adopted a contractor accreditation plan under section 2646( b) of this title or is accredited pursuant to an Administrator approved course under section 2646( c) of this title. ( G) A list of the laboratories that analyzed any bulk samples of asbestos containing material found in the school building or air samples taken to detect asbestos in the school building and a statement that each laboratory has been accredited pursuant to the accreditation program under section 2646( d) of this title. February 27, 2001 A 5 ( H) With respect to each consultant who contributed to the management plan, the name of the consultant and one of the following statements: ( i) If the State has adopted a contractor accreditation plan under section 2646( b) of this title, a statement that the consultant is accredited under such plan. ( ii) A statement that the contractor is accredited by another State which has adopted a contractor accreditation plan under section 2646( b) of this title or is accredited pursuant to an Administrator approved course under section 2646( c) of this title. ( I) An evaluation of resources needed to successfully complete response actions and carry out reinspection, surveillance, and operation and maintenance activities. ( 2) Statement by contractor A local educational agency may require each management plan to contain a statement signed by an accredited asbestos contractor that such contractor has prepared or assisted in the preparation of such plan, or has reviewed such plan, and that such plan is in compliance with the applicable regulations and standards promulgated or adopted pursuant to this section and other applicable provisions of law. Such a statement may not be signed by a contractor who, in addition to preparing or assisting in preparing the management plan, also implements ( or will implement) the management plan. ( 3) Warning labels ( A) The regulations shall require that each local educational agency which has inspected for and discovered any asbestos containing material with respect to a school building shall attach a warning label to any asbestos containing material still in routine maintenance areas ( such as boiler rooms) of the school building, including  ( i) friable asbestos containing material which was responded to by a means other than removal, and ( ii) asbestos containing material for which no response action was carried out. ( B) The warning label shall read, in print which is readily visible because of large size or bright color, as follows: '' CAUTION: ASBESTOS. HAZARDOUS. DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT.'' ( 4) Plan may be submitted in stages A local educational agency may submit a management plan in stages, with each submission of the agency covering only a portion of the school buildings under the agency's authority, if the agency determines that such action would expedite the identification and abatement of hazardous asbestos containing material in the school buildings under the authority of the agency. ( 5) Public availability A copy of the management plan developed under the regulations shall be available in the administrative offices of the local educational agency for inspection by the public, including teachers, other school personnel, and parents. The local educational agency shall notify parent, teacher, and employee organizations of the availability of such plan. ( 6) Submission to State Governor February 27, 2001 A 6 Each plan developed under this subsection shall be submitted to the State Governor under section 2645 of this title.

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

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

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

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

Footnotes [ 1] So in original. Probably should be followed by a comma. [ 2] So in original. Probably should not be capitalized. February 27, 2001 EPA ICR No. 1365.06; OMB Control No. 2070 0091 Attachment B Asbestos Hazard Emergency Response Act, Section 206 ( 15 U. S. C. § 2646) US Code as of: 01/ 05/ 99 Sec. 2646. Contractor and laboratory accreditation ( a) Contractor accreditation A person may not  ( 1) inspect for asbestos containing material in a school building under the authority of a local educational agency or in a public or commercial building, ( 2) prepare a management plan for such a school, or ( 3) design or conduct response actions, other than the type of action described in sections 2643( f) and 2644( c) of this title, with respect to friable asbestos containing material in such a school or in a public or commercial building, unless such person is accredited by a State under subsection ( b) of this section or is accredited pursuant to an Administrator approved course under subsection ( c) of this section.

( b) Accreditation by State ( 1) Model plan ( A) Persons to be accredited Within 180 days after October 22, 1986, the Administrator, in consultation with affected organizations, shall develop a model contractor accreditation plan for States to give accreditation to persons in the following categories: ( i) Persons who inspect for asbestos containing material in school buildings under the authority of a local educational agency or in public or commercial buildings. ( ii) Persons who prepare management plans for such schools. ( iii) Persons who design or carry out response actions, other than the type of action described in sections 2643( f) and 2644( c) of this title, with respect to friable asbestos containing material in such schools or in public or commercial buildings. ( B) Plan requirements The plan shall include a requirement that any person in a category listed in paragraph ( 1) achieve a passing grade on an examination and participate in continuing education to stay informed about current asbestos inspection and response action technology. The examination shall demonstrate the knowledge of the person in areas that the Administrator prescribes as necessary and appropriate in each of the categories. Such examinations may include requirements for knowledge in the following areas: ( i) Recognition of asbestos containing material and its physical characteristics. ( ii) Health hazards of asbestos and the relationship between asbestos exposure and disease. ( iii) Assessing the risk of asbestos exposure through a knowledge of percentage weight of asbestos containing material, friability, age, deterioration, location and accessibility of materials, and advantages and disadvantages of dry and wet response action methods. ( iv) Respirators and their use, care, selection, degree of protection afforded, fitting, testing, and maintenance and cleaning procedures. February 27, 2001 B 2 ( v) Appropriate work practices and control methods, including the use of high efficiency particle absolute vacuums, the use of amended water, and principles of negative air pressure equipment use and procedures. ( vi) Preparing a work area for response action work, including isolating work areas to prevent bystander or public exposure to asbestos, decontamination procedures, and procedures for dismantling work areas after completion of work. ( vii) Establishing emergency procedures to respond to sudden releases. ( viii) Air monitoring requirements and procedures. ( ix) Medical surveillance program requirements. ( x) Proper asbestos waste transportation and disposal procedures. ( xi) Housekeeping and personal hygiene practices, including the necessity of showers, and procedures to prevent asbestos exposure to an employee's family. ( 2) State adoption of plan Each State shall adopt a contractor accreditation plan at least as stringent as the model plan developed by the Administrator under paragraph ( 1), within 180 days after the commencement of the first regular session of the legislature of such State which is convened following the date on which the Administrator completes development of the model plan. In the case of a school operated under the defense dependents' education system provided for under the Defense Dependents' Education Act of 1978 ( 20 U. S. C. 921 et seq.), the Secretary of Defense shall adopt a contractor accreditation plan at least as stringent as that model.

( c) Accreditation by Administrator approved course ( 1) Course approval Within 180 days after October 22, 1986, the Administrator shall ensure that any Environmental Protection Agency approved asbestos training course is consistent with the model plan ( including testing requirements) developed under subsection ( b) of this section. A contractor may be accredited by taking and passing such a course. ( 2) Treatment of persons with previous EPA asbestos training A person who  ( A) completed an Environmental Protection Agency approved asbestos training course before October 22, 1986, and ( B) passed ( or passes) an asbestos test either before or after October 22, 1986, may be accredited under paragraph ( 1) if the Administrator determines that the course and test are equivalent to the requirements of the model plan developed under subsection ( b) of this section. If the Administrator so determines, the person shall be considered accredited for the purposes of this subchapter until a date that is one year after the date on which the State in which such person is employed establishes an accreditation program pursuant to subsection ( b) of this section. ( 3) Lists of courses February 27, 2001 B 3 The Administrator, in consultation with affected organizations, shall publish ( and revise as necessary)  ( A) a list of asbestos courses and tests in effect before October 22, 1986, which qualify for equivalency treatment under paragraph ( 2), and ( B) a list of asbestos courses and tests which the Administrator determines under paragraph ( 1) are consistent with the model plan and which will qualify a contractor for accreditation under such paragraph.

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

( e) Financial assistance contingent on use of accredited persons ( 1) A school which is an applicant for financial assistance under section 505 of the Asbestos School Hazard Abatement Act of 1984 ( 20 U. S. C. 4014) is not eligible for such assistance unless the school, in carrying out the requirements of this subchapter  ( A) uses a person ( or persons)  ( i) who is accredited by a State which has adopted an accreditation plan based on the model plan developed under subsection ( b) of this section, or ( ii) who is accredited pursuant to an Administrator approved course under subsection ( c) of this section, and ( B) uses a laboratory ( or laboratories) which is accredited under the program developed under subsection ( d) of this section. ( 2) This subsection shall apply to any financial assistance provided under the Asbestos School Hazard Abatement Act of 1984 ( 20 U. S. C. 4011 et seq.) for activities performed after the following dates: ( A) In the case of activities performed by persons, after the date which is one year after October 22, 1986. February 27, 2001 B 4 ( B) In the case of activities performed by laboratories, after the date which is 180 days after the date on which a laboratory accreditation program is completed under subsection ( d) of this section.

( f) List of EPA approved courses Not later than August 31, 1988, and every three months thereafter until August 31, 1991, the Administrator shall publish in the Federal Register a list of all Environmental Protection Agency approved asbestos training courses for persons to achieve accreditation in each category described in subsection ( b)( 1)( A) of this section and for laboratories to achieve accreditation. The Administrator may continue publishing such a list after August 31, 1991, at such times as the Administrator considers it useful. The list shall include the name and address of each approved trainer and, to the extent available, a list of all the geographic sites where training courses will take place. The Administrator shall provide a copy of the list to each State official on the list published by the Administrator under section 2645( d)( 6) of this title and to each regional office of the Environmental Protection Agency. February 27, 2001 EPA ICR No. 1365.06; OMB Control No. 2070 0091 Attachment C Asbestos Containing Materials in Schools Rule 40 CFR 763, Subpart E February 27, 2001 C 1 TITLE 40 PROTECTION OF ENVIRONMENT CHAPTER I ENVIRONMENTAL PROTECTION AGENCY PART 763 ASBESTOS Table of Contents Subpart E Asbestos Containing Materials in Schools Source: 52 FR 41846, Oct. 30, 1987, unless otherwise noted.

Sec. 763.80 Scope and purpose.

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

Sec. 763.83 Definitions.

For purposes of this subpart: Act means the Toxic Substances Control Act ( TSCA), 15 U. S. C. 2601, et seq. Accessible when referring to ACM means that the material is subject to disturbance by school building occupants or custodial or maintenance personnel in the course of their normal activities. Accredited or accreditation when referring to a person or laboratory means that such person or laboratory is accredited in accordance with section 206 of Title II of the Act. Air erosion means the passage of air over friable ACBM which may result in the release of asbestos fibers. Asbestos means the asbestiform varieties of: Chrysotile ( serpentine); crocidolite ( riebeckite); amosite ( cum mingtonitegrunerite); anthophyllite; tremolite; and actinolite. February 27, 2001 C 2 Asbestos containing material ( ACM) when referring to school buildings means any material or product which contains more than 1 percent asbestos. Asbestos containing building material ( ACBM) means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts of a school building. Asbestos debris means pieces of ACBM that can be identified by color, texture, or composition, or means dust, if the dust is determined by an accredited inspector to be ACM. Damaged friable miscellaneous ACM means friable miscellaneous ACM which has deteriorated or sustained physical injury such that the internal structure ( cohesion) of the material is inadequate or, if applicable, which has delaminated such that its bond to the substrate ( adhesion) is inadequate or which for any other reason lacks fiber cohesion or adhesion qualities. Such damage or deterioration may be illustrated by the separation of ACM into layers; separation of ACM from the substrate; flaking, blistering, or crumbling of the ACM surface; water damage; significant or repeated water stains, scrapes, gouges, mars or other signs of physical injury on the ACM. Asbestos debris originating from the ACBM in question may also indicate damage. Damaged friable surfacing ACM means friable surfacing ACM which has deteriorated or sustained physical injury such that the internal structure ( cohesion) of the material is inadequate or which has delaminated such that its bond to the substrate ( adhesion) is inadequate, or which, for any other reason, lacks fiber cohesion or adhesion qualities. Such damage or deterioration may be illustrated by the separation of ACM into layers; separation of ACM from the substrate; flaking, blistering, or crumbling of the ACM surface; water damage; significant or repeated water stains, scrapes, gouges, mars or other signs of physical injury on the ACM. Asbestos debris originating from the ACBM in question may also indicate damage. Damaged or significantly damaged thermal system insulation ACM means thermal system insulation ACM on pipes, boilers, tanks, ducts, and other thermal system insulation equipment where the insulation has lost its structural integrity, or its covering, in whole or in part, is crushed, water stained, gouged, punctured, missing, or not intact such that it is not able to contain fibers. Damage may be further illustrated by occasional punctures, gouges or other signs of physical injury to ACM; occasional water damage on the protective coverings/ jackets; or exposed ACM ends or joints. Asbestos debris originating from the ACBM in question may also indicate damage. Encapsulation means the treatment of ACBM with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers, as the encapsulant creates a membrane over the surface ( bridging encapsulant) or penetrates the material and binds its components together ( penetrating encapsulant). Enclosure means an airtight, impermeable, permanent barrier around ACBM to prevent the release of asbestos fibers into the air. Fiber release episode means any uncontrolled or unintentional disturbance of ACBM resulting in visible emission. Friable when referring to material in a school building means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously nonfriable material after such previously nonfriable material becomes damaged to the extent February 27, 2001 C 3 that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure. Functional space means a room, group of rooms, or homogeneous area ( including crawl spaces or the space between a dropped ceiling and the floor or roof deck above), such as classroom( s), a cafeteria, gymnasium, hallway( s), designated by a person accredited to prepare management plans, design abatement projects, or conduct response actions. High efficiency particulate air ( HEPA) refers to a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 : m in diameter or larger. Homogeneous area means an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture. Local education agency means: ( 1) Any local educational agency as defined in section 198 of the Elementary and Secondary Education Act of 1965 ( 20 U. S. C. 3381). ( 2) The owner of any nonpublic, nonprofit elementary, or secondary school building. ( 3) The governing authority of any school operated under the defense dependent's education system provided for under the Defense Dependents' Education Act of 1978 ( 20 U. S. C. 921, et seq.). Miscellaneous ACM means miscellaneous material that is ACM in a school building. Miscellaneous material means interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation. Nonfriable means material in a school building which when dry may not be crumbled, pulverized, or reduced to powder by hand pressure. Operations and maintenance program means a program of work practices to maintain friable ACBM in good condition, ensure clean up of asbestos fibers previously released, and prevent further release by minimizing and controlling friable ACBM disturbance or damage. Potential damage means circumstances in which: ( 1) Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities. ( 2) There are indications that there is a reasonable likelihood that the material or its covering will become damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage. Potential significant damage means circumstances in which: ( 1) Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities. ( 2) There are indications that there is a reasonable likelihood that the material or its covering will become significantly damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage. ( 3) The material is subject to major or continuing disturbance, due to factors including, but not limited to, accessibility or, under certain circumstances, vibration or air erosion. Preventive measures means actions taken to reduce disturbance of ACBM or otherwise eliminate the reasonable likelihood of the material's becoming damaged or significantly damaged. February 27, 2001 C 4 Removal means the taking out or the stripping of substantially all ACBM from a damaged area, a functional space, or a homogeneous area in a school building. Repair means returning damaged ACBM to an undamaged condition or to an intact state so as to prevent fiber release. Response action means a method, including removal, encapsulation, enclosure, repair, operations and maintenance, that protects human health and the environment from friable ACBM. Routine maintenance area means an area, such as a boiler room or mechanical room, that is not normally frequented by students and in which maintenance employees or contract workers regularly conduct maintenance activities. School means any elementary or secondary school as defined in section 198 of the Elementary and Secondary Education Act of 1965 ( 20 U. S. C. 2854). School building means: ( 1) Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food. ( 2) Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education. ( 3) Any other facility used for the instruction or housing of students or for the administration of educational or research programs. ( 4) Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in this definition of '' school building'' under paragraphs ( 1), ( 2), or ( 3). ( 5) Any portico or covered exterior hallway or walkway. ( 6) Any exterior portion of a mechanical system used to condition interior space. Significantly damaged friable miscellaneous ACM means damaged friable miscellaneous ACM where the damage is extensive and severe. Significantly damaged friable surfacing ACM means damaged friable surfacing ACM in a functional space where the damage is extensive and severe. State means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianas, the Trust Territory of the Pacific Islands, and the Virgin Islands. Surfacing ACM means surfacing material that is ACM. Surfacing material means material in a school building that is sprayed on, troweled on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes. Thermal system insulation means material in a school building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or for other purposes. Thermal system insulation ACM means thermal system insulation that is ACM. Vibration means the periodic motion of friable ACBM which may result in the release of asbestos fibers.

Sec. 763.84 General local education agency responsibilities.

Each local education agency shall: February 27, 2001 C 5 ( a) Ensure that the activities of any persons who perform inspections, reinspections, and periodic surveillance, develop and update management plans, and develop and implement response actions, including operations and maintenance, are carried out in accordance with subpart E of this part. ( b) Ensure that all custodial and maintenance employees are properly trained as required by this subpart E and other applicable Federal and/ or State regulations ( e. g., the Occupational Safety and Health Administration asbestos standard for construction, the EPA worker protection rule, or applicable State regulations). ( c) Ensure that workers and building occupants, or their legal guardians, are informed at least once each school year about inspections, response actions, and post response action activities, including periodic reinspection and surveillance activities that are planned or in progress. ( d) Ensure that short term workers ( e. g., telephone repair workers, utility workers, or exterminators) who may come in contact with asbestos in a school are provided information regarding the locations of ACBM and suspected ACBM assumed to be ACM. ( e) Ensure that warning labels are posted in accordance with Sec. 763.95. ( f) Ensure that management plans are available for inspection and notification of such availability has been provided as specified in the management plan under Sec. 763.93( g). ( g)( 1) Designate a person to ensure that requirements under this section are properly implemented. ( 2) Ensure that the designated person receives adequate training to perform duties assigned under this section. Such training shall provide, as necessary, basic knowledge of: ( i) Health effects of asbestos. ( ii) Detection, identification, and assessment of ACM. ( iii) Options for controlling ACBM. ( iv) Asbestos management programs. ( v) Relevant Federal and State regulations concerning asbestos, including those in this subpart E and those of the Occupational Safety and Health Administration, U. S. Department of Labor, the U. S. Department of Transportation and the U. S. Environmental Protection Agency. ( h) Consider whether any conflict of interest may arise from the interrelationship among accredited personnel and whether that should influence the selection of accredited personnel to perform activities under this subpart.

Sec. 763.85 Inspection and reinspections.

( a) Inspection. ( 1) Except as provided in paragraph ( a)( 2) of this section, before October 12, 1988, local education agencies shall inspect each school building that they lease, own, or otherwise use as a school building to identify all locations of friable and nonfriable ACBM. ( 2) Any building leased or acquired on or after October 12, 1988, that is to be used as a school building shall be inspected as described under paragraphs ( a) ( 3) and ( 4) of this section prior to use as a school building. In the event that emergency use of an uninspected building as a school building is necessitated, such buildings shall be inspected within 30 days after commencement of such use. ( 3) Each inspection shall be made by an accredited inspector. February 27, 2001 C 6 ( 4) For each area of a school building, except as excluded under Sec. 763.99, each person performing an inspection shall: ( i) Visually inspect the area to identify the locations of all suspected ACBM. ( ii) Touch all suspected ACBM to determine whether they are friable. ( iii) Identify all homogeneous areas of friable suspected ACBM and all homogeneous areas of nonfriable suspected ACBM. ( iv) Assume that some or all of the homogeneous areas are ACM, and, for each homogeneous area that is not assumed to be ACM, collect and submit for analysis bulk samples under Secs. 763.86 and 763.87. ( v) Assess, under Sec. 763.88, friable material in areas where samples are collected, friable material in areas that are assumed to be ACBM, and friable ACBM identified during a previous inspection. ( vi) Record the following and submit to the person designated under Sec. 763.84 a copy of such record for inclusion in the management plan within 30 days of the inspection: ( A) An inspection report with the date of the inspection signed by each accredited person making the inspection, State of accreditation, and if applicable, his or her accreditation number. ( B) An inventory of the locations of the homogeneous areas where samples are collected, exact location where each bulk sample is collected, dates that samples are collected, homogeneous areas where friable suspected ACBM is assumed to be ACM, and homogeneous areas where nonfriable suspected ACBM is assumed to be ACM. ( C) A description of the manner used to determine sampling locations, the name and signature of each accredited inspector who collected the samples, State of accreditation, and, if applicable, his or her accreditation number. ( D) A list of whether the homogeneous areas identified under paragraph ( a)( 4)( vi)( B) of this section, are surfacing material, thermal system insulation, or miscellaneous material. ( E) Assessments made of friable material, the name and signature of each accredited inspector making the assessment, State of accreditation, and if applicable, his or her accreditation number. ( b) Reinspection. ( 1) At least once every 3 years after a management plan is in effect, each local education agency shall conduct a reinspection of all friable and nonfriable known or assumed ACBM in each school building that they lease, own, or otherwise use as a school building. ( 2) Each inspection shall be made by an accredited inspector. ( 3) For each area of a school building, each person performing a reinspection shall: ( i) Visually reinspect, and reassess, under Sec. 763.88, the condition of all friable known or assumed ACBM. ( ii) Visually inspect material that was previously considered nonfriable ACBM and touch the material to determine whether it has become friable since the last inspection or reinspection. ( iii) Identify any homogeneous areas with material that has become friable since the last inspection or reinspection. ( iv) For each homogeneous area of newly friable material that is already assumed to be ACBM, bulk samples may be collected and submitted for analysis in accordance with Secs. 763.86 and 763.87. ( v) Assess, under Sec. 763.88, the condition of the newly friable material in areas where samples are collected, and newly friable materials in areas that are assumed to be ACBM. February 27, 2001 C 7 ( vi) Reassess, under Sec. 763.88, the condition of friable known or assumed ACBM previously identified. ( vii) Record the following and submit to the person designated under Sec. 763.84 a copy of such record for inclusion in the management plan within 30 days of the reinspection: ( A) The date of the reinspection, the name and signature of the person making the reinspection, State of accreditation, and if applicable, his or her accreditation number, and any changes in the condition of known or assumed ACBM. ( B) The exact locations where samples are collected during the reinspection, a description of the manner used to determine sampling locations, the name and signature of each accredited inspector who collected the samples, State of accreditation, and, if applicable, his or her accreditation number. ( C) Any assessments or reassessments made of friable material, the name and signature of the accredited inspector making the assessments, State of accreditation, and if applicable, his or her accreditation number. ( c) General. Thermal system insulation that has retained its structural integrity and that has an undamaged protective jacket or wrap that prevents fiber release shall be treated as nonfriable and therefore is subject only to periodic surveillance and preventive measures as necessary.

Sec. 763.86 Sampling.

( a) Surfacing material. An accredited inspector shall collect, in a statistically random manner that is representative of the homogeneous area, bulk samples from each homogeneous area of friable surfacing material that is not assumed to be ACM, and shall collect the samples as follows: ( 1) At least three bulk samples shall be collected from each homogeneous area that is 1,000 ft2 or less, except as provided in Sec. 763.87( c)( 2). ( 2) At least five bulk samples shall be collected from each homogeneous area that is greater than 1,000 ft2 but less than or equal to 5,000 ft2, except as provided in Sec. 763.87( c)( 2). ( 3) At least seven bulk samples shall be collected from each homogeneous area that is greater than 5,000 ft2, except as provided in Sec. 763.87( c)( 2). ( b) Thermal system insulation. ( 1) Except as provided in paragraphs ( b) ( 2) through ( 4) of this section and Sec. 763.87( c), an accredited inspector shall collect, in a randomly distributed manner, at least three bulk samples from each homogeneous area of thermal system insulation that is not assumed to be ACM. ( 2) Collect at least one bulk sample from each homogeneous area of patched thermal system insulation that is not assumed to be ACM if the patched section is less than 6 linear or square feet. ( 3) In a manner sufficient to determine whether the material is ACM or not ACM, collect bulk samples from each insulated mechanical system that is not assumed to be ACM where cement or plaster is used on fittings such as tees, elbows, or valves, except as provided under Sec. 763.87( c)( 2). ( 4) Bulk samples are not required to be collected from any homogeneous area where the accredited inspector has determined that the thermal system insulation is fiberglass, foam glass, rubber, or other non ACBM. February 27, 2001 C 8 ( c) Miscellaneous material. In a manner sufficient to determine whether material is ACM or not ACM, an accredited inspector shall collect bulk samples from each homogeneous area of friable miscellaneous material that is not assumed to be ACM. ( d) Nonfriable suspected ACBM. If any homogeneous area of nonfriable suspected ACBM is not assumed to be ACM, then an accredited inspector shall collect, in a manner sufficient to determine whether the material is ACM or not ACM, bulk samples from the homogeneous area of nonfriable suspected ACBM that is not assumed to be ACM.

Sec. 763.87 Analysis.

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

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

Sec. 763.88 Assessment.

( a)( 1) For each inspection and reinspection conducted under Sec. 763.85 ( a) and ( c) and previous inspections specified under Sec. 763.99, the local education agency shall have an accredited inspector provide a written assessment of all friable known or assumed ACBM in the school building. ( 2) Each accredited inspector providing a written assessment shall sign and date the assessment, provide his or her State of accreditation, and if applicable, accreditation number, and submit a copy of the assessment to the person designated under Sec. 763.84 for inclusion in the management plan within 30 days of the assessment. ( b) The inspector shall classify and give reasons in the written assessment for classifying the ACBM and suspected ACBM assumed to be ACM in the school building into one of the following categories: February 27, 2001 C 9 ( 1) Damaged or significantly damaged thermal system insulation ACM. ( 2) Damaged friable surfacing ACM. ( 3) Significantly damaged friable surfacing ACM. ( 4) Damaged or significantly damaged friable miscellaneous ACM. ( 5) ACBM with potential for damage. ( 6) ACBM with potential for significant damage. ( 7) Any remaining friable ACBM or friable suspected ACBM. ( c) Assessment may include the following considerations: ( 1) Location and the amount of the material, both in total quantity and as a percentage of the functional space. ( 2) Condition of the material, specifying: ( i) Type of damage or significant damage ( e. g., flaking, blistering, water damage, or other signs of physical damage). ( ii) Severity of damage ( e. g., major flaking, severely torn jackets, as opposed to occasional flaking, minor tears to jackets). ( iii) Extent or spread of damage over large areas or large percentages of the homogeneous area. ( 3) Whether the material is accessible. ( 4) The material's potential for disturbance. ( 5) Known or suspected causes of damage or significant damage ( e. g., air erosion, vandalism, vibration, water). ( 6) Preventive measures which might eliminate the reasonable likelihood of undamaged ACM from becoming significantly damaged. ( d) The local education agency shall select a person accredited to develop management plans to review the results of each inspection, reinspection, and assessment for the school building and to conduct any other necessary activities in order to recommend in writing to the local education agency appropriate response actions. The accredited person shall sign and date the recommendation, provide his or her State of accreditation, and, if applicable, provide his or her accreditation number, and submit a copy of the recommendation to the person designated under Sec. 763.84 for inclusion in the management plan.

Sec. 763.90 Response actions.

( a) The local education agency shall select and implement in a timely manner the appropriate response actions in this section consistent with the assessment conducted in Sec. 763.88. The response actions selected shall be sufficient to protect human health and the environment. The local education agency may then select, from the response actions which protect human health and the environment, that action which is the least burdensome method. Nothing in this section shall be construed to prohibit removal of ACBM from a school building at any time, should removal be the preferred response action of the local education agency. ( b) If damaged or significantly damaged thermal system insulation ACM is present in a building, the local education agency shall: ( 1) At least repair the damaged area. February 27, 2001 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 agency February 27, 2001 C 11 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 February 27, 2001 C 12 inspection at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC, 20408, and the 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. February 27, 2001 C 13 ( 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. ( 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 February 27, 2001 C 14 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 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] February 27, 2001 C 15 Sec. 763.93 Management plans.