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 Sch ools Rule and Revised Asbestos Model Accreditation Plan Rule EPA ICR No.: 1365.09 OMB Control No.: 2070 - 0091 1(b) Short Characterization This I CR addresses reporting and recordkeeping requirements found in the Asbestos

Containing Materials in Schoo ls Rule (“AHERA Rule”) and the Asbestos Model Accreditation Plan (MAP) Rule. AHERA Rule : Under Section 203 of the Asbestos Hazard Emergency Response Act (AHERA, 15 U.S.C. 2641

- 2656) (see Attachment A), EPA was required to finalize the Asbestos

Containin g Materials in Schools Rule. This rule required Local Education Agencies (LEAs) to conduct inspections, develop management plans, and design or conduct response actions. Records must be maintained by all LEAs on inspections and response action activity , and current management plans must be provided upon request to EPA and State reviewers for examination. MAP : Additionally , Section 206 of AHERA (see Attachment B) required that EPA issue a Model Accreditation Plan (MAP) for persons who inspect for asbest os, develop management plans, and design or conduct response actions. States are required to adopt an accreditation plan at least as stringent as the EPA model. In 1990, EPA was required to make certain changes in its original MAP. Accreditation of labo ratories that analyze asbestos bulk samples and asbestos air samples is also required by AHERA. AHERA required the National Institute of Standards and Technology

(NI ST) 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 per sons 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

2 NEED FOR AND USE OF THE COLLECTION 2(a) Need/Authority for the Col lection AHERA Rule and MAP : The reporting and recordkeeping requirements covered b y this ICR are required b y 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 conduc t inspections for asbestos

containing building materials (ACBM) and develop management plans that describe necessary actions to be undertaken. Reinspections by accredited persons must take place every three years unless all ACBM has been removed. Records retention as part of an updated asbestos management plan is necessary in order to document specific response action activities and periodic surveillance/3

- year reinspection reports, and for an LEA to demonstrate compliance with the regulations. Beneficiaries of the collection activities include the LEA’s asbestos program manager and staff, accredited professionals who may be called upon to perform response actions at a school, and Federal and State enforcement agencies. MAP : This collection will enable EPA, as well as State regulators, to determine initial compliance and to monitor continued compliance with the revised MAP standards. Lacking both the application submissions and other recordkeeping requirements, regulators would have no meaningful way

o f 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 employ ment purposes; 2) LEAs and other building owners and managers seeking to procure the services of qualified and accredited asbestos consultants and contractors; and 3) enforcement agencies at the Federal and State level.
3 NON - DUPLICATION , CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3(a) Non - Duplication AHERA Rule : EPA has tried to identify alternate sources of the information requested to implement and enforce this recordkeeping, and was not successful. This activity does not dupl icate information already required to be reported by another agency or EPA program office.3

MAP : All of the training and accreditation information collected pursuant to this I CR is specific to the MAP and does not duplicate an y other collection. There i s no other model accreditation plan for States other than the MAP, and there is no procedure for the accreditation of asbestos training programs under the Asbestos School Hazard Abatement Reauthorization Act (ASHARA) other than what is specificall y provide d for in the MAP. 3(b) Public Notice Required Prior to ICR Submission to OMB Prior to submission to OMB, this I CR will be made available to the public for comment through a Federal Register notice. The public will have 60 day s to provide comments. Any comments received will be given consideration when completing the supporting statement that is submitted to OMB. 3(c) Consultations AHERA Rule : The Asbestos

- Containing Materials in Schools Rule was developed through the regulatory negotiation proc ess. Participants included representatives of national educational organizations, labor unions, asbestos product manufacturers, the environmental community, asbestos abatement contractor groups, professional associations of architects, consulting engineer s, industrial hygi enists, and EPA. In December 2003 and January 2004, EPA consulted with the Agency regional asbestos coordinators and State regulatory agencies to determine if the creation of charter schools in recent ye ars has led to additional respond ents or respondent burden due to AHERA requirements. At this time insufficient information is available to demonstrate that any additional reporting burden currently exists beyond that already identified for public schools (which include charter schools) in Section 6 of this I CR. MAP : Consultations occurred with various respondents since development work on the MAP Rule revision began several ye ars ago. Exploratory meetings were held with labor unions (May 1991) and States (June 1991) to learn of their interests and concerns. EPA published its proposed changes to the MAP in the Federal Register on May 13, 1992, and formally

invited public comment. A public hearing was held June 8, 1992. An additional hearing, with the cooperation of the National Conf erence on State Legislatures (NCSL), occurred on June 9, 1992. Collection activities were discussed with State participants at that time. They continued to express support for EPA’s MAP proposals. EPA consulted extensively with labor unions, the States , and other interested parties during the development of the 1994 Interim Final MAP. For the purposes of the current ICR renewal request, in January 2007, EPA conducted consultations on the I CR supporting statement with seven representatives of the regulated community

affected by

the I CR. These individuals included an asbestos MAP training provider listed under the National Directory of AHERA Accredited Courses (NDAAC), three AHERA designated persons for LEAs, a laboratory that performs asbestos testin g, an LEA trade association, and a relevant asbestos worker trade association.4

NDAAC training providers are accredited b y EPA or by a state that has developed an accreditation program. AHERA designated persons are responsible for implementing the requ irements under the Asbestos

- Containing Materials in Schools Rule (40 CFR 763 Subpart E) pursuant to AHERA for their respective local education agency (LEA). Laboratories that perform asbestos bulk or air tests also must comply with the requirements under the Asbestos

Containing Materials in Schools Rule (40 CFR 763 Subpart E) and be properly accredited by

the National Institute of Standards and Technology

. Under 5 CFR 1320.8(d)(1) OMB requires agencies to consult with potential I CR respondents and data users about specific aspects of I CRs before submitting an original or renewal I CR to OMB for review and approval. In accordance with this regulation, EPA will pursue additional consultations with interested parties during the development of the renewal o f this collection. 3(d) Effects of Less Frequent Collection AHERA Rule : If information were collected less frequentl y, it would be difficult to determine whether an LEA properl y inspected for asbestos

- containing materials and developed an appropriate management plan, and kept these documents up

- to
- date including ongoing activities. MAP : The revised MAP has no routine or repetitive reporting requirements. Training course self

- certifications, training course approval applications and State Program a pproval applications are one

- time submissions. Once approved, they do not expire. A less frequent collection schedule is not feasible. Recordkeeping requirements are tied directly to training courses and the issuance of accreditation certificates to stu dents successfully completing those courses and passing the requisite exams. I f 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 c ollection activities in this I CR 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 liv ing 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 ye ars 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 specificall y 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 the5

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 r emain 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 employ ees, children and other building occupants or users. In accordance with 5 CFR 1320.5(d)(2), the retention period beyond the recommended three ye ar period is necessary

and appropriate. In approving the ICR in 1998, OMB stated the following: “This ICR is approved for 3 ye ars. As requested in previo us terms of clearance

- EPA will report on amendments to the School Rule as they

relate to record retention periods and reinspection periods.” The previous terms of clearance referenced were from 1995 that stated, “This I CR is approved for three years as requested. EPA has done a good job updating labor rates for school employ ees. 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 ye ars - . 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 be en abandoned. The Agency

has concluded that the reinspection interval is necessary to satisfy the statutory mandates in AHERA, which specifically mandates the periodic surveillance and reinspection of asbestos

- containing materials, and that the current i nterval 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 user s. 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) Sensit ive Questions This information collection does not include questions of a sensitive nature.6

4 THE RESPONDENTS AND THE INFORMATION REQUESTED 4(a) Respondents/NAICS Codes AHERA Rule and MAP : There are three t ypes of respondents for this informatio n collection request. LEAs and States are involved in recordkeeping and reporting activities associated with the Schools Rule, while training providers and States are involved in recordkeeping and reporting activities related to the MAP Rule. The respond ent activities are different for each respondent ty pe and are discussed in turn. The respondents to this information collection activity

are elementary

and secondary

school districts (NAICS code 61111 ), and all states (NAICS code 92311 ). Additionally , un der ASHARA, the Model Accreditation Plan (MAP) affects training providers (NAICS code 61143 ), and State Asbestos Accreditation Programs (NAICS code 92312 ). These respondents are included because they are the providers and guarantors of accreditation, resp ectivel y. 4(b) Information Requested (i) Data Items AHERA Rule : There are no specific data collection instruments used to collect information for this activity . The AHERA Rule required management plans to be submitted to the States for review bef

ore October 12, 1988. LEAs must also submit management plans to the States for review for school buildings that have since come into operation after October 12, 1988. The rule continues to require recordkeeping. MAP : Training providers seeking re

- appr oval for their existing training courses based upon the revised MAP standards, or initial approval for new training programs based upon the increased MAP standards, were required in 1994 to report the following data items:

- a self

- certification letter f

or 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

- ye ar 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 accred itation certificates. A State seeking re

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

- an a pplication for EPA approval pursuant to Part II of the MAP.7

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, accredit ed persons to perform asbestos

- related tasks as defined b y 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 manag ement plans for elementary and secondary

schools; and

- design or carry

out response actions with respect to ACM in those schools. ASHARA extended that requirement to similar activities in public and commercial buildings as well (including residential bui ldings with 10 or more dwelling units), with the exception of the preparation of asbestos management plans. Respondents who are training entities will need to perform certain collection activities:

- read the regulation;

- make an y required changes to training programs;

- retain records/materials costs (usual business practice);

- provide reasonable access to records to EPA and/or the state, as requested. Waiver for State Programs The AHERA Rule provides a procedure to allow states to receive a w aiver 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 spec ific information to be included in the waiver request submitted to EPA. To date, 11 states have been granted this waiver under the AHERA Rule. Respondents who are state accreditation programs will need to perform the following collection activities:

- read the regulation;

- compare state program authority and the minimum requirements of the regulation;

- develop state legislative anal ys is and adopt new legislation;

- develop state regulatory analy sis and promulgate a new state regulation;

- prepare and submit to EPA an application for program approval; and

- implement a state accreditation program that is not less stringent than the regulation. As of February

2007, 38 states are operating state accreditation programs under the MAP. AHERA Rule :8

Local Education Agencies : L ocal 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 operatio ns 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 ty pe as well as b y the t yp e of ACM found in a school. The manageme nt plan recordkeeping and reporting burden items include:

- Development and submission of the management plan; and

- Implementation of the management plan including:

-- Time spent b y the program manager to do additional activity planning, create and g ather new information, prepare written activity reports, and record and review that information;

-- Time spent b y custodians and clerical personnel to gather, record, process and store asbestos

- related information; and

-- Annual notification of parents and other interested parties of the presence of ACM in a school, as well as the availability of the management plan for public review. The AHERA Rule required management plans to be submitted to the states for review before October 12, 1988. LEAs must al so submit management plans to the states for review for school buildings that have since come into operation after October 12, 1988. The recordkeeping activities associated with the management plan implementation are on

- going and are therefore included in burden estimates. Recordkeeping Requirements : The recordkeeping burden associated with the development of an O&M activity plan was largely completed in the first year of AHERA Rule implementation. On an ongoing basis, however (AHERA regulations also require LEAs to keep known or assumed ACBM under periodic surveillance), the O&M plan may require updating. The original inspection report and an y reinspection reports must be maintained in the management plan. Management planner recommendations and re sponse actions with their air sampling clearance records are also to be kept. Records required b y the rule also include those pertaining to fiber release episodes, periodic surveillance, training received by workers performing operation and maintenance ac tivities, and cleaning activities that are part of an operations and maintenance program. The rule also requires LEAs to collect and retain various records that are not part of the information included in the management plan. The rule requires LEAs to h ave 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 re commended or required.9

The rule directs the LEA to select and implement in a timely manner appropriate response actions for ACBM that are assessed b y the accredited inspector and management planner. The rule identifies five major response actions

-- ope rations and maintenance (O&M), repair, encapsulation, enclosure, and removal

-- and describes appropriate conditions under which they

may be selected by

the LEA. The rule also identifies the steps that shall be taken to properl y conduct and complete the r esponse actions. After performing a thorough visual inspection of the area in which the response action was conducted, air testing is performed to determine whether a response action has been properly completed. The rule as it is in effect at this time (2007) requires the use of transmission electron microscop y (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 microscop y (PCM) is allowed b y 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 me thods shall have the areas re

- cleaned and re

- sampled before being released for reoccupation. Records of response actions and subsequent air sampling clearance records must be maintained b y the LEA. The rule requires each LEA to maintain a cop y of the management plan(s) in its administrative office, and each school is required to maintain a copy of its specific management plan in its administrative office. These plans are to be made available for inspection by the public without cost or restriction. LEA s 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 MA P 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;

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

- Review state program applications packages for approval/reapproval as they are received;10

- Maintain and revise master database of approved training providers as required to be used as a resource for the public;

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

- Provide technical assistance to LEAs and public on implementation and compliance wi th 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 b y the deadline and entered them into the existing data base of approved training providers. After distribution to EPA Regional Offices 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 b y 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 Region al Office, demonstrating how the state’s program is no less stringent than the MAP. 5(c) Small Entity Flexibility The impact of the AHERA Rule and the MAP will primarily affect small asbestos abatement contracting firms or accredited consultants, and training providers that qualify for “small business” status. Small business training providers have a one

- time only application process for training course approvals b y MAP approved states that allows for flexibility in the way information is prepared and presented. A small business abatement contractor is required to keep and maintain records on the accreditation status of supervisors and abatement workers. Accreditation records are also kept and maintained by consultants, such as inspectors, management planners, and project designers. An advantage accruing from having those records is that of obtaining and retaining eligibility to qualify

for work in asbestos control and abatement in schools and public and commercial buildings. With regard to worker p rotection, 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

.11

MAP : EPA’s receipt of a complete self

- certification submission from a provider constituted immediate re

- approval of the training courses. Where state legislatures convened in January 1994, a 180

- day

deadline was triggered for applying to EPA for new program approval, if needed. States not applying for new program approval by the end of the 180

- day

deadline forfeited their previous program approval, and they must then reappl y in order to re

- establish their state accreditation programs. EPA

- approved state programs may continue to receiv e 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

- ye ar projection to reflect the estimated remaining life span of school buildings with Asbestos

- Containin g Materials (ACM). The previous Schools Rule I CR renewal ( approved in 2007 ) updated values from the original ICR. This I CR renewal further updates values where noted in the sections below. Burden estimates based on the Asbestos Model Accreditation Plan (MAP) Rule were also included in the last I CR. Those values are also updated. There are three t ypes of respondents for this ICR: LEAs involved in recordkeeping and reporting activities associated with the Schools Rule, and training providers and States i nvolved in recordkeeping and reporting activities related to the MAP Rule. The respondent activities are different for each t ype of respondent and are discussed in turn in the following section. 6(a) Estimating Respondent Burden Local Education Agenci es Local education agency

( i.e. , school or school district) reporting and recordkeeping activities under the Schools Rule may be divided into two main categories: those associated with the management plan and those associated with operations and maintenan ce (O&M) activities. Schools with friable ACM incur burden for the management plan and O&M activities, while schools with nonfriable ACM (including newly constructed schools that are certified through an exclusionary

statement not to have specified asbesto s - containing building materials in construction) incur burden only for the management plan. The management plan burden varies by school ty pe as well as b y the t yp e of ACM found in a school. Appendix G of the Final Schools Rule Asbestos Hazard Emergency R esponse Act Regulatory Impact Analysis (EPA, 1987a) contains time and cost estimates for management and O&M plan development and implementation for schools with friable ACM or nonfriable ACM. Those activities incurring burden that were not completed durin g the initial 10 years of implementation are shown in Worksheet 1.12

Worksheet 1 indicates that the annual estimated recordkeeping burden for schools with friable ACM is approximately 35 hours for public primary schools and private schools, and 58 hours for public secondary schools. For schools with nonfriable ACM only (including newly constructed schools covered b y exclusionary statements), the annual estimated recordkeeping burden is 15 hours for public primary schools and private schools, and 28 hours fo r public secondary schools. This approach may overstate the respondent burden for newly constructed schools covered b y exclusionary statements because these schools will not incur a burden related to records of inspection, re

- inspection, response actions and periodic surveillance. However, newly constructed schools covered b y exclusionary statements still would need to keep certain information and records up

- to
- date. This includes name and training records for the AHERA Designated Person and dated copies of each year’s annual notification of the management plans availability

to parents, teachers and employees, along with a description of the steps taken to provide the notification. Worksheet 1: Annual Respondent Burden per Local Education Agency (Hours) Burden Hour Elements School Type Public Primary or Private Public

Secondary Schools With Friable Asbestos - Containing Materials

Implement Management Plan Asbestos program manager

- Activity planning, create and gather information, prepare activity reports, record and review information 10 15 Custodial

- Gather, record, process and store information 4 8 Clerical

- Gather, record, process and store information 16 30 Total Management Plan 30 53

Implement Operations and Maintenance (O& M) Plan A sbestos program manager

- Activity planning, create and gather information, prepare activity reports, record and review information 2 2 Custodial

- Gather, record, process and store information 1 1 Clerical

- Gather, record, process and store information 2 2 Total O& M Plan 5 5 Total recordkeeping burden per school with Friable ACM 35 58

Schools With Nonfriable Asbestos - Containing Materials Only

Implement Management Plan13

Asbestos program manager

- Activity planning, create and gather information, pr epare activity reports, record and review information 5 8 Custodial

- Gather, record, process and store information 4 8 Clerical

- Gather, record, process and store information 6 12 Total recordkeeping burden per school with Nonfriable ACM 15 28 Source : EPA. 1987. AHERA Economic Impact Analy sis; Table 11 and Appendix G: “Second Year Implementation Costs.” Nonfriable ACM does not require an O&M Plan. States States are involved in both the Schools Rule and the MAP Rule. State activities related to the Schools Rule were completed during the first 10 years of program implementation. The MAP Rule went into effect in 1994, at which time s tates were to apply to EPA for new program approval. For the purposes of this anal ys is, all s tates are assumed to have completed accreditation program approval during previous ICR periods. Th erefore, no burden for initial s tate activities is included in this I CR. For all s tates with EPA

- approved accreditation programs, an on

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

Burden Hour Elements Labor Category Total Hours Management Techni cal Clerical Annual a ctivities Implement a s tate accreditation program that is not less stringent than the regulation 8 23 109 140 Total annual activities 8 23 109 140 Source: EPA. 1993. Supplemental I CR for the Asbestos

- Containing Materials in Sc hools Rule. (EPA I CR #1365). Training Providers Training providers were required to recertify under the revised MAP. Providing access to records is expected to take 5.5 hours per ye ar per training provider, as indicated in Worksheet 3, while the retention of the records is considered a customary and usual business practice. Therefore, no additional burden is associated with this task.14

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

Burden Hour Elements Labor Category Freq/Year To tal Hours Clerical Annual a ctivities 1. Retain records 0 N/A 0 2. Provide reasonable access to records to EPA or s tate 0.5 11 5.5 Total annual activities 0.5 11 5.5 6(b) Estimating Respondent Costs The cost estimates addressed in this sect ion are based on the burden estimates discussed above and additional non

- wage costs discussed below. Wage rates (including benefits) have been updated from the values in the AHERA RIA (EPA, 1987a), the Supplemental ICR for the Asbestos

- Containing Material s in Schools Rule (EPA, 1993), and the previous I CR (EPA, 2007) to reflect 2010 levels. Methods for updating hourly wage rates to 2010 levels are discussed for each respondent category. Local Education Agencies The implementation cost to LEAs of the Sch ools Rule include s the wages associated with the burden estimates in Section 6(a). Labor costs were updated to 2010 using mean hourl y wage rates from the Bureau of Labor Statistics’ National Industry

- Specific Occupational Employ ment and Wage Estimates, th e Employ ment Cost Index for wages and salaries, and the Employer Costs for Employee Compensation, as follows:

 The school asbestos program manager, custodian, and clerical staff hourly wages were $25.87, $14.06, and $15.69 for 2009, the most recent ye ar fo r which data are available. They are based on the mean hourl y wages for Occupational Health and Safety Specialists and Technicians 1 , Building and Grounds Cleaning and Maintenance Occupations, and Office and Administrative Support Occupations, respectively . These wage rates are specific to Elementary

and Secondary

Schools (NAI CS 611100) and are based on data from both public and private schools (BLS, 2010c).

 According to the Emplo yment Cost Index, wages and salaries rose b y 1.7 percent during the period o f May 2009 to May

2010 for these workers, and wages and salaries used in this analy sis have been increased by this amount ( BLS, 2010a).

1 The wage figure used for Occupational Health and Safety Specialists and Technicians is a weighted average, by em ployment, of the wages for the separate groups of Specialists and Technicians, and is for Local Government specifically.15  According to the Emplo yer Costs for Employee Compensation, wages and salaries accounted for 65.9 percent of total compe nsation for school employees as of September 2006. Based on this information, a loading factor of 1.517 (1/0.659) was applied to the mean hourly wage rate to estimate total hourly compensation for school employees (BL S, 2010b )

.

 The updated, estimated 200 6 total hourly compensation for school asbestos program manager, custodian, and clerical staff are $39.91, $21.69, and $24.21, respectivel y. These values were used in Worksheet 4 to calculate current recordkeeping and reporting costs to schools with friab le and/or nonfriable ACM, as shown below. In addition, schools are required to provide annual notification to parents and other interested parties of the presence of ACM, as well as the availability of the management plan for public review. The AHERA RIA estimated the annual notification cost to be $56 per school (EPA, 1987a). This figure was updated to $93 in 2010 dollars using the implicit price deflator for the Gross Domestic Product (GDP) (Dept. of Commerce, 2010). Worksheet 4 indicates that the annual reporting costs for schools range from $525 for public primary

schools or private schools with only nonfriable ACM, to $1,649 for public secondary schools with friable ACM. Worksheet 4: Annual Cost per Local Education Agency (2010$)
Activities Scho ol Type Total Hourly Compensation Public

Primary and Private Public

Secondary Schools With Friable Asbestos - Containing Materials Implement Management Plan Asbestos program manager

- Activity planning, create and gather information, prepare activity reports, record and review information $39.91 $399 $599 Custodial

- Gather, record, process and store information $21.69 $87 $174 Clerical

- Gather, record, process and store information $24.21 $387 $726 Total Management Plan $873 $1,499 Implement Operations and Maintenance (O& M) Plan Asbestos program manager

- Activity planning, create and gather information, prepare activity reports, record and review information $39.91 $80 $80 Custodial

- Gather, record, process and store information $21.69 $22 $2216

Clerical

- Gather, record, process and store information $24.21 $48 $48 Total O& M Plan $150 $150 Estimated Cost per School $1,116 $1,649 Schools With Nonfriable Asbestos - Containing Materials Only Implement Management Plan Asbestos progr am manager - Activity planning, create and gather information, prepare activity reports, record and review information $39.91 $200 $319 Custodial

- Gather, record, process and store information $21.69 $87 $174 Clerical

- Gather, record, process and store information $24.21 $145 $291 Estimated Cost per School $525 $877 Source: EPA. 1987. AHERA Economic Impact Analy sis; Table 11 and Appendix G: "Second Year Implementation Costs." Nonfriable ACM does not require O&M. Cost per School includes $88 for No tification Costs. States As discussed in Section 6(a), s tates have no additional costs associated with the Schools Rule. Under the MAP Rule, s tate accreditation programs are required at least to meet the standards of the revised MAP. The burden estimates associated with the MAP Rule are given in Section 6(a). No additional costs for materials were given in the Supplemental ICR for the Asbestos

- Containing Materials in Schools Rule (ICR #1365) (EPA, 1993). Worksheet 5 show s the estimated annual cost of s tate compliance with the MAP Rule is $4,436. Wage rates were updated to 2010 using mean hourly wage rates from the Bureau of Labor Statistics’ National Industry

- Specific Occupational Employ ment and Wage Estimates, the Employ ment Cost Index for wages and salaries, and the Employer Costs for Employee Compensation, as follows:

 The state managerial, technical, and clerical staff hourly wages for 2009, the most recent ye ar for which data are available, were $37.74, $27.15, and $17.88, based on the mean hourl y wages for Management Occupations, Environmental Scientists and Specialists, Including Health, Office and Administrative Support Occupations, respectively. These wage rates are specific to State Government (NAICS 999200) (BL S, 2010c).

 According to the Employment Cost Index, wages and salaries rose b y 1.7 percent during the period of May 2009 to May 2010 for these workers, and wages and salaries were inflated b y this amount (BL S, 2010a).17  According to the Emplo yer Costs for Employee Compensation, wages and salaries accounted for 65.9 percent of total compensation for state emplo ye es as of December 2009. Based on this information, a loading factor of 1.517 (1.0/0.659) was applied to the mean hourl y wage rate to estimate total hourly compensation for sch ool employees (BL S, 2010b).

 The updated estimated 2010 total hourly compensation for state managerial, technical, and clerical staff are $58.22, $41.89, and $27.59, respectivel y. Worksheet 5 shows the estimated annual cost of State compliance with the MAP Rule is $4,436 per state. Worksheet 5: Annual Cost per State/Territory (2010$) Labor Categories Activities Management Technical Clerical Total

$58.22 / hour $41.89/ hour $27.59/ our Implement a s tate accreditation program that is not less stringent than the regulation $466 $963 $3,007 Estimated Cost per State/Territory $466 $963 $3,007 $4,436 Training Providers The reporting and recordkeeping burden under the MAP Rule for asbestos training providers is described in Section 6(a). Providing ac cess to records is expected to take 5.5 hours per year per training provider, and to be done b y clerical staff. Wage rates were updated to 2010 using mean hourly

wage rates from the Bureau of Labor Statistics’ National Industry

- Specific Occupational Emplo ym ent and Wage Estimates, the Employ ment Cost Index for wages and salaries, and the Employer Costs for Employ ee Compensation, as follows:

 The training provider clerical staff hourly wage for 2009, the most recent year for which data are available, was $1 6.48 based on the mean hourl y wage for Administrative Support Occupations. This wage rates is specific to Business Schools and Computer and Management Training (NAICS 611400) ( BL S, 2010c).

 According to the Emplo yment Cost Index, wages and salaries rose b y 1.6 percent during the period of May 2009 to May 201 0 for these workers, and wages and salaries were inflated b y this amount (BL S, 2010a).

 According to the Emplo yer Costs for Employee Compensation, wages and salaries accounted for 75.5 percent of total compensation for employees of service producing private industry as of December 2009. Based on this information, a18 loading factor of 1.325 (1.0/0.755) was applied to the mean hourl y wage rate to estimate total hourly

compensation for training provider st aff (BLS, 2010b).19  The updated estimated 2010 total hourly compensation for training provider clerical staff is $22.19. In addition, training providers are expected to incur materials costs associated with the annual recordkeeping requirements of the MAP Rule. Those costs were estimated to be $436 in the MAP Rule (EPA, 1993), which was updated to $591 in the previous I CR. This figure was again updated to $628 in 2010 dollars using the implicit price deflator for the Gross Domestic Product (GDP) (Dept. o f Commerce, 2010). Worksheet 6 shows the estimated annual cost of training provider compliance with the MAP Rule is $750 per training provider. Worksheet 6: Annual Cost per Training Provider (2010$) Labor Category Freq/Year Total Clerical $22.19 / h our Activities 1. Retain records N/A N/A $628 2. Provide reasonable access to records to EPA or State $11.10 11 $122 Estimated Cost per Provider $11.10 11 $750 6(c) Estimating Agency Burden and Cost Agency burden and cost estimates are presented in Worksheets 7 and 8. EPA Burden EPA conducts implementation activities associated with the Schools Rule. In the AHERA RIA (EPA, 1987a), EPA estimated that Federal implementation of the Schools Rule would require the services of eight full

- time equ ivalent (FTEs) emplo yees 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

- ye ar period, the remaining EPA burden from implementing the Schools Rule is two FTEs annually . Thi s represents an annual burden of 4,160 hours. In addition, an estimated 220 hours per ye ar 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 hour s in subsequent years. The EPA regional burden associated with auditing training provider courses and records is expected to be approximately 144 hours per y ear per regional office. Worksheet 7: Annual Agency Burden Estimates for EPA Headquarters and Reg ional Offices (Hours)

Activity Labor Category Freq/ Total20 Management Technical Year EPA Headquarters 1. Perform recordkeeping tasks under the Schools Rule 0 4,160 N/A 4,160 2. Answer respondent questions about the MAP Rule 20 200 N/A 220 Total Headquarters 20 4,360 4,380 EPA Regional Offices 1. Audit training provider courses and records for compliance monitoring purposes 0 8 18 144 Total per Region 0 8 18 144 EPA Costs Consistent with previous ICRs, technical tasks are expected to be completed by staff at the GS

- 13 level, and management tasks at the GS

- 15 level. The 2010 GS

- 13 level, step 5 hourl y compensation was $77.36 for technical staff, while the 2006 GS

- 15 level, step 5 hourly compensation was $107.54 for managerial staff (OPM, 2010). These hourly rates include the standard 60 percent loading factor for EPA personnel. Estimates incorporating these hourl y compensation rates and the burden hour estimates from the previous section are shown in Worksheet 8. Total annual costs for EPA Headquarters are estimated at $339,441. Total annual costs for EPA Regional Offices are estimated at $11,140 per region, or $111,400 for all 10 regions.21

Worksheet 8: Annual Agency Cost Estimates for EPA Headquarters and Regional Offices (2010 $) Activity Labor Category Freq/Year Total Management $107.54 /h our Technical

$77.36 / hour EPA Headquarters 1. Perform recordkeeping tasks under the Schools Rule $0 $321,818 N/A $321,818 2. Answer respondent questions about the MAP Rule $2,151 $15,472 N/A $17,623 Total Headquarters $2,151 $337,290 $339,441 EPA Regional Offices 1. Audit training provider courses and records for compliance monitoring purposes $0 $619 18 $11,140 Total per Region $0 $619 18 $11,140 6(d) Bottom Line Burden Hours a n d Costs Table 4 and Appendix G of the AHERA RIA (EPA, 1987a), and Figure 2, Addendum to ICR #2070

- 0091 Asbestos in Schools Rule (EPA, 1987b), estimate the change in number of schools with friable and nonfriable ACM over the implementation period of the ru le. The intent of the Schools Rule is that all schools have a management plan, and that schools with friable ACM also have an O&M plan. The number of school respondents in this ICR renewal is based on the average number of affected schools of each ty pe f or years 23 through 25 of program implementation, which is an extension of the method used in the previous ICR. The total number of public and private schools is based on 2007

- 2008 data obtained from the U.S. Department of Education’s National Center for Education Statistics (Dept of Education, 2010 )

. As in previous I CRs, the total number of training providers is estimated using the latest National Directory

of AHERA Accredited Courses, compiled by EPA. According to the most recent 2009 data available, there are currently 1,268 accredited training providers (EPA, 2009). This is a significant increase from the previous ICR, in which there were 636 accredited training providers listed. Based on the unit burden estimates from Section 6(a) and the unit cost estimates from Section 6(b), estimated annual recordkeeping burden for all training providers is 6,974 hours and the estimated annual cost is $951,000. The MAP rule affects all 50 st ates, the District of Columbia, and the U.S. territories, for a total of 56 s tates and t erritories. Based on the unit burden estimates from Section 6(a) and the unit cost estimates from Section 6(b), estimated annual recordkeeping burden for all s tates and t erritories is 7,840 hours and the estimated annual cost is $248,416. Based on these estimates of numbers of respondents, unit costs, and burdens, the total respondent and EPA tallies are shown in the following tables.22

(i) The respondent tally Average Annual Respondent Aggregation Table Number of Entities Unit

Burden To tal Burden Unit Cost Total Cost Local Education Agencies Schools with Friable ACM Public Primary 3,975 35 139,125 $1,116 $4,436,100 Public Secondary 2,341 58 135,778 $1,649 $3,860,309 Private 2,004 35 70,140 $1,116 $2,236,464 Schools with N

onfriable ACM Public Primary 64,293 15 964,395 $525 $33,753,825 Public Secondary 28,307 28 792,596 $877 $24,825,239 Private 31,736 15 476,040 $525 $16,661,400 Subtotal 132,656 2,578,074 $85,773,337 Training Providers 1,268 5.5 6,974 $750 $951, 000 States/Territories 56 140 7,840 $4,436 $248,416 Total 133,980 2,592,888 $86,972,753 (ii) The Agency

tally Average Annual Agency Aggregation Table Number of Entities Unit

Burden Total

Burden Unit Cost Total Cost Headquarters 1 4,380 4,380 $339 ,441 $339,441 Regions 10 144 1,440 $11,140 $111,400 Total 5,820 $450,841 6(e) Reasons For Change in Burden The average estimated number of schools of each ty pe in the three ye ars of this I CR renewal period (years 23 through 25 of the implementatio n period) is used with the unit burden estimates to derive an annual burden estimate. This I CR renewal follows the same methods of estimating numbers of schools with friable and nonfriable asbestos as the previous I CR renewal. The total burden estimate for respondents has increased since the most recently approved renewal of this I CR because of adjustments for Local Education Agencies and Training Providers. While the numbers of schools with friable ACM have declined, that decrease is less than the incr ease in the number of schools with nonfriable ACM, resulting in higher totals overall. The total annual burden for this information collection is currentl y estimated to be 2,592,888 hours per ye ar. This is a 2.3 percent increase above the annual burden of 2,530,600 hours in the most recently approved clearance of this information collection request. Most of this increase is associated with the increase in the number of schools with nonfriable ACM. The23

number of training providers has almost doubled since th e previous ICR, but this has had only a small impact on the overall burden from this data collection. Changes in Respondent Burden Burden Hour Estimates Percent Change Respondent Type Previous Current Difference Local Education Agencies 2,519,262 2, 578,074 58,812 2.3 % Training Providers 3,498 6,974 3,476 99.4 % States/Territories 7,840 7,840 0 0 % Total 2,530,600 2,592,888 62,288 2.5 % 6(f) Burden Statement The annual public burden for this collection of information, which is approved under OMB Control No. 2070

- 0091, is estimated to be 20.15 hours per response for schools, 140 hours per response for states, and 5.5 hours per response for training providers. According to the Paperwork Reduction Act, “burden” means the total time, effort, or f inancial 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 s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to compl y with any previously

applicable instructions and requirem ents; 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 n ot required to respond to, a collection of information unless it displays a currentl y valid OMB control number. The OMB control number for this information collection appears above. The OMB control numbers for EPA’s regulations in title 40 of the CFR, af ter appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable. To comment on the Agency ’s need for this information, the accuracy of the provided burden estimates, and any sugge sted methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this I CR under Docket ID No. EPA

- HQ

- OPPT

- 2010

- 0568 . The docket is available for public viewing at the Pollution Pr evention and Toxics Docket in the EPA Docket Center (EPA/DC). The EPA/DC Public Reading Room is located in the EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holiday s. The telephone number for the EPA/DC Public Reading Room is (202) 566

- 1744, and the telephone number for the Pollution Prevention and Toxics Docket is (202) 566

- 0280. An electronic version of the public doc ket is available through the Federal Docket Management S ys tem (FDMS) at www.regulations.gov . Use FDMS to submit or view public comments, access the index listing of the contents of the public docket, and to acce ss those documents in the public docket that are available electronically . Once in the sy stem, select “search,” then key in the docket ID number identified above. Also, you can send24

comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA

- HQ

- OPPT

- 2010

- 0568 and OMB control number 2070

- 00 91 in any

correspondence.25

References U.S. Bureau of Labor Statisti cs. 2010a. Employ ment Cost Index

--- March 2010. News Release of April 30, 2010. Table 2. Employ ment Cost Index for wages and salaries, by occupational group and industry . Web site http://www.bls.gov/schedule/archives/eci_nr.htm

. U.S. Bureau of Labor Statistics. 2010b. Employer Costs for Employee Compensation

--- December 2009. Table 3. Employer costs ... and costs as a percent of total compensation: State and local government workers .... Table 5. Employer costs ... and costs as a percent of total compens ation: Private industry workers .... News Release of March 10, 2010. Web site http://www.bls.gov/schedule/archives/ecec_nr.htm

. U.S. Bureau of Labor Statistics. 2010c. Occupational Employ ment Statistics: May

2009 National Industry

- Specific Occupational E mploy ment and Wage Estimates. Web site http://www.bls.gov/oes/2009/may /naics4_611400.htm for NAICS 611400 and SOCs 29

- 9011, 37

- 0000, and 43

- 0000; http://www.bls.gov/oes/2009/may /naics4_611100.htm for NAICS 611100 and SOCs 11

- 0000 and 43

- 0000; and http://www.b ls.gov/oes/2009/may /naics4_999200.htm for NAICS 999200 and SOCs 11

- 0000, 19

- 2041, and 43

- 0000. U.S. Department of Commerce. 2010. Bureau of Economic Anal ys is. Gross Domestic Product: Implicit Price Deflator. Accessed through the Saint L ouis Federal Re serve Bank at http://research.stlouisfed.org/fred2/series/GDPDEF/downloaddata?cid=21 . Series ID GDPDEF, Gross Domestic Product Implicit Price Deflator. Index 2005=100. U.S. Department of Education. April 2010. National Center for Education Statistic s. Digest of Education Statistics: 2009. Table 86: Number of public school districts and public and private elementary

and secondary

schools. Web site http://nces.ed.gov/programs/digest/d09/tables/dt09_086.asp U.S. EPA. 1987a. Office of Toxic Substances, Economics and Technology Division. Asbestos Hazard Emergency

Response Act Regulatory Impact Anal ys is. September, 1987. U.S. EPA. 1987b. Office of Pesticides and Toxic Substances. Addendum to I CR #2070

- 0091 Asbestos

- In
- Schools Rule. October, 1987. U.S. EPA. 1991. I CR Renewal for the Asbestos Hazard Emergency Response Act (AHERA), Title II of the Toxic Substances Control Act (TSCA)

- Asbestos

- Containing Materials in Schools Rule. OMB No. 2070

- 0091. EPA I CR #1365. U.S. EPA. 1993. Supplemental I CR f or the Asbestos

- Containing Materials in Schools Rule. OMB No. 2070

- 0091. EPA I CR #1365. U.S. EPA. 1994. Renewal I CR for the Asbestos

- Containing Materials in Schools Rule. OMB No. 2070

- 0091. EPA I CR #1365.26

U.S. EPA. 1997. Renewal I CR for the Asbestos

- Co ntaining Materials in Schools Rule. OMB No. 2070

- 0091. EPA I CR #1365. U.S. EPA. 2001. Renewal I CR for the Asbestos

- Containing Materials in Schools Rule. OMB No. 2070

- 0091. EPA I CR #1365. U.S. EPA. 2004. Renewal I CR for the Asbestos

- Containing Materials in Schools Rule. OMB No. 2070

- 0091. EPA ICR #1365. U.S. EPA. 2007. Renewal I CR for the Asbestos

- Containing Materials in Schools Rule. OMB No. 2070

- 0091. EPA ICR #1365. U.S. EPA. 2009. Office of Pollution Prevention and Toxics. . National Directory of AHERA Accredited Courses, Active Training Provider List. June 2009. Web site http://www.epa.gov/asbestos/pubs/provname.pdf. U.S. Office of Personnel Management. 2010. Salary Table 2010

- DCB. Web Site http://www.opm.gov/oca/10tables/html/dcb_h.pdf

.27

ATTACHMENTS : Attachment A Asbestos Hazard Emergency Response Act, Section 203 Attachment B Asbestos Hazard Emergency Response Act, Section 206 Attachment C Asbestos

- Containing Materials in Schools Rule (40 CFR 763, Subpart E) Attachment D Model Accreditation Plan (40 CFR 763, Subpart E, Appendix C) Attachment E Worksheet A

- 1: Annual Recordkeeping Burden, b y S chool Ty pe and Asbestos Ty

pe, Revised for Years 20 through 22 Worksheet A

- 2: Annual Recordkeeping Cost, b y School Ty pe and Asbestos Ty

pe , Revised for Years 20 through 22 Attachment F Copies of Consultation Letters Sent and Received