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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 and Asbestos Model 

Accreditation Plans

EPA ICR No.: 1365.10 OMB Control No.: 2070-0091

1(b) Short Characterization

This Information Collection Request (ICR) addresses reporting and recordkeeping 

requirements found in the Asbestos-Containing Materials in Schools Rule (“AHERA Rule” a.k.a. 

“Schools Rule”) and the Asbestos Model Accreditation Plan (MAP) Rule.

AHERA Rule: Section 203 of the Asbestos Hazard Emergency Response Act (AHERA, 

15 U.S.C. 2641-2656) (see Attachment A), authorizes the EPA administrator to promulgate 

regulations “for determining whether asbestos-containing material is present in a school building 

under the authority of a local education agency (LEA).” Accordingly, the Agency developed 

regulations in 40 CFR part 763, subpart E to require 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 Rule: Section 206 of AHERA, as amended (see Attachment B), authorized the 

EPA Administrator, in consultation with affected organizations, to develop a model accreditation 

plan for states. The Model Accreditation Plan provides accreditation criteria for persons who 

inspect for asbestos, develop management plans, and design or conduct response actions. States 

are required to adopt an accreditation plan at least as stringent as the EPA model plan. The 

accreditation requirements apply to persons who work in public and commercial buildings as 

well as schools. Accreditation of laboratories that analyze asbestos bulk samples and asbestos air 

samples is also required by AHERA.

This ICR estimates the paperwork burden for LEAs to inspect for asbestos and update 

management plans to protect all school building occupants from exposure to asbestos. This 

collection also estimates the paperwork burden for the accreditation of persons who inspect for 

asbestos, develop management plans, and design or conduct response actions and the paperwork 

burden associated with state accreditation programs.
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2 NEED FOR AND USE OF THE COLLECTION

2(a) Need/Authority for the Collection

AHERA Rule and MAP Rule: The reporting and recordkeeping requirements covered by 

this ICR are required by the Asbestos-Containing Materials in Schools Rule (40 CFR part 763, 

subpart E) and the Model Accreditation Plan (40 CFR part 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 asbestoscontaining 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 Rule: This collection will enable EPA, as well as state regulators, to determine 

initial compliance and to monitor continued compliance with the MAP standards. Lacking the

application submissions and other recordkeeping requirements, regulators would have no 

meaningful way of measuring the implementation of the MAP’s statutory mandates. Other 

beneficiaries of the collection activities include: 1) individuals who may desire to obtain 

asbestos training meeting prescribed minimum quality standards for accreditation and subsequent 

employment purposes; 2) LEAs and other building owners and managers seeking to procure the 

services of qualified and accredited asbestos consultants and contractors; and 3) enforcement 

agencies at the federal and state level.

3 NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION 

CRITERIA

3(a) Non-Duplication

AHERA Rule: EPA has tried to identify alternate sources of the information requested to 

implement and enforce this recordkeeping and was not successful. This activity does not 

duplicate information already required to be reported by another agency or EPA program office.

MAP Rule: 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 
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of asbestos training programs under the Asbestos School Hazard Abatement Reauthorization Act 

(ASHARA) other than what is specifically provided for in the MAP.

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

In proposing to renew this ICR, EPA provided a 60-day public notice and comment 

period that ended on October 7, 2013 (78 FR 48431, August 8, 2013). EPA received no 

comments during the comment period.

3(c) Consultations

Additionally, under 5 CFR 1320.8(d)(1), OMB requires agencies to consult with potential 

ICR respondents and data users about specific aspects of ICRs before submitting an ICR to OMB 

for review and approval. In accordance with this regulation, EPA submitted questions to several 

interested parties via e-mail. The individuals contacted were:

Freddie Polanco, Owner

Professional Environmental Training, Polanco Enterprises, Inc.

(713) 921-8921

proenvtraining@comcast.net

Kristina Nicholson

Occupational Training & Supply, Inc.

(630) 655-3900

knicholson@otssafety.com

Tim Ginn, Supervisor of Management

Madison County [Florida] School District, Madison County, Florida

(850) 973-1543

tim.ginn@madisonmail.us

Tom Kannal

Madison Metropolitan School District, Madison, Wisconsin

(608) 204-7916

tkannal@madison.k12.wi.us

Tim Burton, Director of Buildings & Grounds

Chisago Lakes School District, Chisago Lakes, Minnesota

(651) 213-2009

tburton@chisagolakes.k12.mn.us

EPA received no responses to its solicitation for consultations. A copy of EPA’s 

consultation e-mail to the nine potential respondents is included in Attachment F.

3(d) Effects of Less Frequent Collection

AHERA Rule: If information was collected less frequently, it would be difficult to 

determine whether an LEA properly inspected for asbestos-containing materials and developed 
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an appropriate management plan, and kept these documents up-to-date including ongoing 

activities.

MAP Rule: The revised MAP has no routine or repetitive reporting requirements. A less 

frequent collection schedule is not feasible. Recordkeeping requirements are tied directly to 

training courses and the issuance of accreditation certificates to students successfully completing

those courses and passing the requisite exams. If training providers are inactive and not offering 

courses, no new record generation is required of them.

3(e) General Guidelines

Except as described in this section, the collection activities in this ICR adhere to the 

guidelines stated in the Paperwork Reduction Act, OMB’s implementing regulations, and 

applicable OMB and EPA guidance.

AHERA Rule: The rule requires that the asbestos management plans be maintained as a 

living document, necessary for as long as asbestos-containing building materials are present in 

the school building. When all asbestos materials have been removed from a homogeneous area, 

records pertaining to that homogeneous area must be retained for three years after the next 

reinspection date. As a result, such records may need to be maintained beyond the three year 

record retention period recommended in 5 CFR 1320.5(d)(2)(iv). EPA believes, however, that 

these retention requirements are necessary to satisfy the statutory mandates in AHERA, which 

specifically mandates the development and maintenance of asbestos management plans. In 

addition to ensuring that a management plan is available for public inspection as required by

AHERA, maintaining a current management plan is necessary and critical for ensuring the 

proper protection of human health, safety, and the environment as required by AHERA. 

Providing up-to-date information about the location and status of asbestos-containing building 

materials that remain present in the school building is also essential for ensuring that the material 

does not subsequently become unintentionally disturbed or damaged such that it may pose an 

unreasonable risk to school employees, children and other building occupants or users. In 

accordance with 5 CFR 1320.5(d)(2), the retention period beyond the recommended three year 

period is necessary and appropriate.

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 asbestoscontaining 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 Rule: There are no exceptions to note.

3(f) Confidentiality and Sensitive Questions

This information collection request does not include confidential or sensitive questions.
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4 THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a) Respondents/NAICS Codes

AHERA Rule and MAP Rule: There are three types of respondents for this information 

collection request. LEAs and states are involved in recordkeeping and reporting activities 

associated with the AHERA Rule, while training providers and states are involved in 

recordkeeping and reporting activities related to the MAP Rule. The respondent activities are 

different for each respondent type and are discussed in turn. The respondents to this information 

collection activity are elementary and secondary school districts (NAICS code 61111), and all 

states (NAICS code 92311). Additionally, under ASHARA, the Model Accreditation Plan affects 

training providers (NAICS code 61143), and State Asbestos Accreditation Programs (NAICS 

code 92312). These respondents are included because they are the providers and guarantors of 

accreditation, respectively.

4(b) Information Requested

(i) Data Items

AHERA Rule: No specific data collection instrument is used to collect information for 

this activity. 

(ii) Respondent Activities 

The AHERA and MAP programs are both over a decade old and the program start-up 

activities and federal, state, and local coordination are now well established. Many of the initial 

paperwork burdens for the program are no longer part of the burden assessment. Currently, 39

states are operating state accreditation programs under the MAP and 12 states have received a 

waiver to some or all of the AHERA program requirements. The activities currently conducted 

by LEAs (inspections, record keeping for management plans), state accreditation and training 

providers (records retention), are the burden activities documented in this ICR. 

 

Local Education Agencies (LEAs): 

Reporting Activities: LEAs must submit management plans to the states for review of 

school buildings that have come into operation after October 12, 1988 and maintain the required

recordkeeping. LEAs subject to the reporting and recordkeeping requirements under the AHERA 

Rule may be divided into two main categories: 1) those only subject to a management plan and 

2) those associated with both a management plan and operations and maintenance (O&M) 

activities. 

The management plan burden varies by school type as well as by the type of ACBM 

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:

o 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;
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o Time spent by custodians and clerical personnel to gather, record, process 

and store asbestos-related information; and

o Annual notification of parents and other interested parties of the presence 

of ACBM in a school, as well as the availability of the management plan 

for public review.

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 and update the O&M plan accordingly. 

The original inspection report and any reinspection reports must be maintained in the 

management plan. Management planner recommendations and response actions with the 

associated air sampling clearance records are also to be kept. Records required by the rule also 

include those pertaining to fiber release episodes, periodic surveillance, training received by 

workers performing operation and maintenance activities, and cleaning activities that are part of 

an operations and maintenance program. The AHERA rule also requires LEAs to collect and 

retain various records that are not part of the information included in the management plan.

The AHERA 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 AHERA Rule directs the LEA to select and implement in a timely manner 

appropriate response actions for ACBM that are assessed by the accredited inspector and 

management planner. The rule identifies five major response actions -- O&M, repair, 

encapsulation, enclosure, and removal -- and describes appropriate conditions under which they

may be selected by the LEA. The rule also identifies the steps that shall be taken to properly

conduct and complete the response actions.

After performing a thorough visual inspection of the area in which the response action 

was conducted, air testing is performed to determine whether a response action has been properly

completed. The rule currently requires the use of transmission electron microscopy (TEM) for all 

removal, enclosure, encapsulation, or repair response actions involving more than 260 linear feet 

or more than 160 square feet of ACBM. The use of phase contrast microscopy (PCM) is allowed 

by the rule for final air sampling where the amounts of ACBM are less than the limits above and 

greater than for small projects of short duration.

Response actions that fail to meet prescribed air sampling standards by the stipulated 

sampling methods shall have the areas re-cleaned and re-sampled before being released for 

reoccupation. Records of response actions and subsequent air sampling clearance records must 

be maintained by the LEA.

The AHERA Rule requires each LEA to maintain a copy of the management plan(s) in its 

administrative office, and each school is required to maintain a copy of its specific management 

plan in its administrative office. These plans are to be made available for inspection by the public 

without cost or restriction. LEAs must notify parent, teacher, and employee organizations of the 
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availability of the management plans upon submission of the management plan to the state and at 

least once each school year.

State Accreditation Programs:

The AHERA Rule provides a procedure to allow states to receive a waiver from some or 

all of the requirements of the rule if the state has established and is implementing, or intends to 

implement a program of asbestos inspection and management at least as stringent as the 

requirements of the rule. The rule requires specific information to be included in the waiver 

request submitted to EPA. To date, 12 states have been granted this waiver under the AHERA 

Rule.

Respondents who are state accredited programs will need to perform the following 

collection activities:

- read the federal regulation (40 CFR part 763, subpart E);

- compare state program authority and the minimum requirements of the federal

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 federal

regulation. 

Training Providers: 

The MAP details the training and accreditation programs used to train persons to perform 

asbestos-related tasks. Specifically, the MAP shall be used as a tool to accredit persons who:

- conduct inspections or reinspections for ACBM;

- prepare and/or update management plans for elementary and secondary schools; and

- design or carry out response actions with respect to ACBM in those schools.

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

- read the regulation;

- make any required changes to training programs;

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

- provide reasonable access to records to EPA and/or the state, as requested.
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5 THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY AND INFORMATION MANAGEMENT

5(a) Agency Activities

AHERA Rule and MAP Rule 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;

- 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 Rule: 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 revised MAP. This was required to be done within six months of the revised 

MAP taking effect. Only one letter was required from each training entity. EPA then compiled a 

listing of all self-certifications received by the deadline and entered them into the existing data 

base of approved training providers. After distribution to EPA 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 also prescribes the method by which states are to apply to EPA for 

accreditation program approval under the revised MAP. States wishing to obtain EPA program 

approval must make a one-time application to the appropriate EPA regional office, 

demonstrating how the state’s program is no less stringent than the MAP.

5(c) Small Entity Flexibility

The impact of the AHERA and MAP rules primarily affects small asbestos abatement 

contracting firms or accredited consultants, and training providers that qualify for “small 

business” status. Small business training providers have a one-time only application process for 

training course approvals by MAP-approved states that allows for flexibility in the way

information is prepared and presented. 

A small business abatement contractor is required to keep and maintain records on the 

accreditation status of supervisors and abatement workers. Accreditation records are also kept 

and maintained by consultants, such as inspectors, management planners, and project designers. 
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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. 

5(d) Collection Schedule

AHERA Rule: Not applicable.

MAP Rule: EPA’s receipt of a complete self-certification submission from a provider 

constituted immediate re-approval of the training courses. Where state legislatures convened in 

January 1994, a 180-day deadline was triggered for applying to EPA for new program approval, 

if needed. States not applying for new program approval by the end of the 180-day deadline 

forfeited their previous program approval, and they must then reapply in order to re-establish 

their state accreditation programs.

EPA-approved MAP 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 

There are three types of respondents for this ICR: LEAs involved in recordkeeping and 

reporting activities associated with the AHERA Rule, and training providers and states involved 

in recordkeeping and reporting activities related to the MAP Rule. The respondent activities are 

different for each type of respondent and are discussed in turn in the following section.

6(a) Estimating Respondent Burden

Estimated Burden for Local Education Agencies:

LEA (i.e., school or school district) reporting and recordkeeping activities under the 

AHERA Rule may be divided into two main categories: those associated with the management 

plan and those associated with O&M activities. Schools with friable ACM incur burden for the 

management plan and O&M activities, while schools with nonfriable ACM (including newly

constructed schools that are certified through an exclusionary statement not to have specified 

asbestos-containing building materials in construction) incur burden only for the management 

plan.

The average estimated number of schools of each type in the three years of this ICR 

renewal period (years 26 through 28 of the implementation period) is used with the unit burden 

estimates to derive an annual burden estimate. This ICR renewal follows the same methods of 

estimating numbers of schools with friable and nonfriable asbestos as the previous ICR renewal.1

 

1 The original ICR for the Asbestos-Containing Materials in Schools Rule based its burden estimates on a 30-year 

projection to reflect the estimated remaining life span of school buildings with ACM. The previous Schools Rule 

ICR renewal (approved in 2011) updated values from the original ICR. This ICR renewal further updates values 

where noted in the sections below. Burden estimates based on the Asbestos MAP Rule were also included in the last 

ICR. Those values are also updated.
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The management plan burden varies by school type as well as by the type of ACM found 

in a school. Appendix G of the Final Schools Rule Asbestos Hazard Emergency Response Act 

Regulatory Impact Analysis (EPA, 1987a) contains time and cost estimates for management and 

O&M plan development and implementation for schools with friable ACM or nonfriable ACM. 

Those activities incurring burden that were not completed during the initial 10 years of 

implementation are shown in Worksheet 1.

Worksheet 1 indicates that the annual estimated recordkeeping burden for schools with 

friable ACM is approximately 35 hours for public primary schools and private schools, and 58 

hours for public secondary schools. For schools with nonfriable ACM only (including newly

constructed schools covered by exclusionary statements), the annual estimated recordkeeping 

burden is 15 hours for public primary schools and private schools, and 28 hours for public 

secondary schools. This approach may overstate the respondent burden for newly constructed

schools covered by exclusionary statements because these schools will not incur a burden related 

to records of inspection, re-inspection, response actions and periodic surveillance. However, 

newly constructed schools covered by exclusionary statements still would need to keep certain 

information and records up-to-date. This includes name and training records for the AHERA 

Designated Person and dated copies of each year’s annual notification of the management plans 

availability to parents, teachers and employees, along with a description of the steps taken to 

provide the notification.

 
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Worksheet 1: Annual Respondent Burden per Local Education Agency (Hours)

Burden Hour Elements

School Type

Public Primary or 

Private

Public 

Secondary

Schools With Friable Asbestos-Containing Materials

Implement Management Plan

Asbestos program manager - Activity planning, create 

and gather information, prepare activity reports, record 

and review information

10 15

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

Clerical - Gather, record, process and store information 16 30

Total Management Plan 30 53

Implement Operations and Maintenance (O&M) Plan

Asbestos program manager - Activity planning, create 

and gather information, prepare activity reports, record 

and review information

2 2

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

Clerical - Gather, record, process and store information 2 2

Total O&M Plan 5 5

Total recordkeeping burden per school with Friable 

ACM 35 58

Schools With Nonfriable Asbestos-Containing Materials Only

Implement Management Plan

Asbestos program manager - Activity planning, create 

and gather information, prepare activity reports, record 

and review information

5 8

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

Clerical - Gather, record, process and store information 6 12

Total recordkeeping burden per school with 

Nonfriable ACM 15 28

Source: EPA. 1987. AHERA Economic Impact Analysis; Table 11 and Appendix G: “Second Year Implementation 

Costs.” Nonfriable ACM does not require an O&M Plan. 

Estimated Burden for States:

States are involved in both the AHERA Rule and the MAP Rule. State activities related 

to the AHERA Rule were completed during the first 10 years of program implementation. The 

MAP Rule went into effect in 1994, at which time states were to apply to EPA for new program 

approval. For the purposes of this analysis, all states are assumed to have completed 

accreditation program approval during previous ICR periods. Therefore, no burden for initial 

state activities is included in this ICR.

For all states with EPA-approved accreditation programs an on-going burden associated 

with the MAP Rule is the implementation of state accreditation programs. Annual burden 

estimates from the MAP Rule are given in Worksheet 2. These estimates assume that all states 
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have approved accreditation programs. In cases where a state does not have an approved 

program, the burden would be shifted to EPA. This assumption provides the most conservative 

estimates of state burdens.

Worksheet 2: Annual Respondent Burden per State or Territory (Hours)

Burden Hour Elements Labor Category Total 

Hours

ManagementTechnicalClerical

Annual activities

Implement a state accreditation program that is not 

less stringent than the regulation 8.0 23.0 109.0 140.0

Total annual activities 8.0 23.0 109.0 140.0

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

Estimated Burden for Training Providers:

Training providers were required to recertify under the revised MAP Rule. Providing 

access to records is expected to take 5.5 hours per year per training provider, as indicated in 

Worksheet 3, while the retention of the records is considered a customary and usual business 

practice. Therefore, no additional burden is associated with this task.

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

Burden Hour Elements Labor Category Freq/Year Total Hours Clerical

Annual activities

1. Retain records N/A N/A N/A

2. Provide reasonable access to records to 

EPA or state 0.5 11 5.5

Total annual activities 0.5 11 5.5

6(b) Estimating Respondent Costs

The cost estimates addressed in this section are based on the burden estimates discussed 

above and additional non-wage costs discussed below. Wage rates (including benefits) have been 

updated from the values in the AHERA Regulatory Impact Analysis (RIA) (EPA, 1987a), the 

Supplemental ICR for the Asbestos-Containing Materials in Schools Rule (EPA, 1993), and the 

previous ICR (EPA, 2011), to reflect the most recently available estimates.

Estimated Burden Costs for Local Education Agencies:

The implementation cost to LEAs of the AHERA Rule includes the wages associated 

with the burden estimates in Section 6(a). Labor costs were updated using mean hourly wage 

rates from the Bureau of Labor Statistics’ National Occupational Employment and Wage 

Estimates (BLS, 2013) for the most appropriate Standard Occupational Classification (SOC).
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 The school asbestos program manager, custodian, and clerical staff hourly wages were 

$32.67, $12.34, and $16.54 for May 2012, the most recent occupational wage data 

available. They are based on the mean hourly wages for Occupational Health and Safety 

Specialists and Technicians (SOC 29-9011), Building and Grounds Cleaning and 

Maintenance Occupations (SOC 37-0000), and Office and Administrative Support 

Occupations (SOC 43-0000), respectively. 

 According to the Employer Costs for Employee Compensation, wages and salaries 

accounted for 65.9 percent of total compensation 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 (BLS, 

2010).

 The updated estimated total hourly compensation cost for school asbestos program 

manager, custodian, and clerical staff are $49.56, $18.72, and $25.09, respectively.

These values were used in Worksheet 4 to calculate current recordkeeping and reporting 

costs to schools with friable and/or nonfriable ACM, as shown below. In addition, schools are 

required to provide annual notification to parents and other interested parties of the presence of 

ACM, as well as the availability of the management plan for public review. The AHERA RIA 

estimated the annual notification cost to be $56 per school (EPA, 1987a). This figure was 

updated to $102 in 2013 dollars using the implicit price deflator for the Gross Domestic Product 

(GDP) (Dept. of Commerce, 2013).

Worksheet 4 indicates that the annual reporting costs for schools range from $576 for 

public primary schools or private schools with only nonfriable ACM to $1,916 for public 

secondary schools with friable ACM.
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Worksheet 4: Annual Cost per Local Education Agency (2013 $)

Activities

School Type

Total Hourly 

Compensation

Public 

Primary and 

Private

Public 

Secondary

Schools With Friable Asbestos-Containing Materials

Implement Management Plan

Asbestos program manager - Activity planning, create 

and gather information, prepare activity reports, 

record and review information

$49.56 $496 $743

Custodial - Gather, record, process and store 

information $18.72 $75 $150

Clerical - Gather, record, process and store 

information $25.09 $401 $753

Total Management Plan $972 $1,646

Implement Operations and Maintenance (O&M) Plan

Asbestos program manager - Activity planning, create 

and gather information, prepare activity reports, 

record and review information

$49.56 $99 $99

Custodial - Gather, record, process and store 

information $18.72 $19 $19

Clerical - Gather, record, process and store 

information $25.09 $50 $50

Total O&M Plan $168 $168

Management Plan Costs $972 $1,646

O & M Plan Costs $168 $168

Notification Costs $102 $102

Total Estimated Cost per School $1,242 $1,916

Schools With Nonfriable Asbestos-Containing Materials Only

Implement Management Plan

Asbestos program manager - Activity planning, create 

and gather information, prepare activity reports, 

record and review information

$49.56 $248 $396

Custodial - Gather, record, process and store 

information $18.72 $75 $150

Clerical - Gather, record, process and store 

information $25.09 $151 $301

Notification Costs $102 $102

Total Estimated Cost per School $576 $949

Source: EPA. 1987. AHERA Economic Impact Analysis; Table 11 and Appendix G: "Second Year Implementation 

Costs." Nonfriable ACM does not require O&M. 
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Estimated Burden Costs for States:

As discussed in Section 6(a), states have no additional costs associated with the AHERA 

Rule. Under the MAP Rule, state accreditation programs are required at least to meet the

standards of the revised MAP. The burden estimates associated with the MAP Rule are given in 

Section 6(a). No additional costs for materials were given in the Supplemental ICR for the 

Asbestos-Containing Materials in Schools Rule (ICR #1365) (EPA, 1993). Worksheet 5 shows 

the estimated annual cost of state compliance with the MAP Rule is $4,526. 

Wage rates were updated using mean hourly wage rates from the Bureau of Labor 

Statistics’ National Occupational Employment and Wage Estimates (BLS, 2013) for the most 

appropriate SOC. 

 The state managerial, technical, and clerical staff hourly wages for May 2012, the most 

recent available data, were $52.20, $33.16, and $16.54, based on the mean hourly wages 

for Management Occupations (SOC 11-0000), Environmental Scientists and Specialists, 

Including Health (SOC 19-2041), and Office and Administrative Support Occupations 

(SOC 43-0000), respectively. 

 According to the Employer Costs for Employee Compensation, wages and salaries 

accounted for 65.9 percent of total compensation for state employees as of December 

2009. Based on this information, a loading factor of 1.517 (1.0/0.659) was applied to the 

mean hourly wage rate to estimate total hourly compensation for school employees (BLS, 

2010).

 The updated estimated total hourly compensation cost for state managerial, technical, and 

clerical staff are $79.19, $50.30, and $25.09, respectively.

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 (2013 $)

Labor Categories

Activities Management Technical Clerical Total

$79.19/hour $50.30/hour $25.09/hour

Implement a state accreditation 

program that is not less stringent 

than the regulation

$634 $1,157 $2,735

Estimated Cost per 

State/Territory $634 $1,157 $2,735 $4,526

Estimated Burden Costs for Training Providers:

The reporting and recordkeeping burden under the MAP Rule for asbestos training 

providers is described in Section 6(a). Providing access to records is expected to take 5.5 hours 

per year per training provider, and to be done by clerical staff. Wage rates were updated using 
Page 16 of 21

mean hourly wage rates from the Bureau of Labor Statistics’ National Occupational Employment 

and Wage Estimates (BLS, 2013) for the most appropriate SOC.

 The training provider clerical staff hourly wage for May 2012, the most recent available 

data, was $16.48 based on the mean hourly wage for Office and Administrative Support 

Occupations (SOC 43-0000). 

 According to the Employer Costs for Employee Compensation, wages and salaries 

accounted for 75.5 percent of total compensation for employees of the service producing 

private industry as of December 2009. Based on this information, a loading factor of 

1.325 (1.0/0.755) was applied to the mean hourly wage rate to estimate total hourly

compensation for training provider staff (BLS, 2010).

 The updated estimated total hourly compensation cost for training provider clerical staff 

is $21.92.

In addition, training providers are expected to incur materials costs associated with the 

annual recordkeeping requirements of the MAP Rule. Those costs were estimated to be $436 in 

the MAP Rule (EPA, 1993). This figure was updated to $654 in 2013 dollars using the implicit 

price deflator for the Gross Domestic Product (GDP) (Dept. of Commerce, 2013).

Worksheet 6 shows the estimated annual cost of training provider compliance with the 

MAP Rule is $775 per training provider.

Worksheet 6: Annual Cost per Training Provider (2013 $)

Activities Labor Category Frequency/

Year Clerical Total

$21.92/hour

1. Retain records N/A N/A $654

2. Provide reasonable access to 

records to EPA or State $10.96/0.5 hour 11 $121

Estimated Cost per Provider $10.96/0.5 hour 11 $775

6(c) Estimating Agency Burden and Cost

Agency burden and cost estimates are presented in Worksheet 8.

Due to the elimination of funding for this program, current guidance states that the 

Agency will no longer dedicate any resources to managing the MAP Rule or the AHERA Rule. 

For the same reason, the Agency is uncertain about the level of any enforcement or compliance 

assistance activities under this program. The Agency expects to incur no more than 400 

inspections taking about one hour each for a maximum burden of 400 hours.

Consistent with previous ICRs, if technical tasks such as inspections or other 

enforcement or compliance assistance activities are conducted, they will be completed by staff at 

the GS-13 level. The 2013 GS-13, step 5, hourly salary for the Washington, D.C. region is 

$48.35 (OPM, 2013). Using the standard 60 percent loading factor for EPA personnel, this gives 
Page 17 of 21

a total hourly compensation cost of $77.36. Estimates incorporating this hourly compensation 

rates and the burden estimate of 400 hours per year for inspections result in a total annual cost of 

$30,944.

6(d) Bottom Line Burden Hours and Costs

The number of school respondents in this ICR renewal is based on the average number of 

affected schools of each type for years 26 through 28 of program implementation, which is an 

extension of the method used in the previous ICR.2 The total number of public and private 

schools has been updated and is based on 2009-2010 data obtained from the U.S. Department of 

Education’s National Center for Education Statistics (Dept of Education, 2012).

EPA is no longer maintaining the National Directory of AHERA Accredited Courses, and 

does not have access to a current count of training providers. According to 2009 data, there were

1,268 accredited training providers (EPA, 2009). For this analysis the Agency assumes that this 

is a reasonable estimate of the current number. Based on the unit burden estimates from Section 

6(a) and the unit cost estimates from Section 6(b), annual recordkeeping burden for all training 

providers is estimated to be 6,974 hours and the estimated annual cost is $982,700.

The MAP Rule affects all 50 states, the District of Columbia, and U.S. territories, for a 

total of 56 states and territories. Based on the unit burden estimates from Section 6(a) and the 

unit cost estimates from Section 6(b), estimated annual recordkeeping burden for all states and 

territories is 7,840 hours and the estimated annual cost is $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.

(i) The respondent tally:

 

2 Table 4 and Appendix G of the AHERA RIA (EPA, 1987a), and Figure 2, Addendum to ICR #2070-0091 Asbestos 

in Schools Rule (EPA, 1987b), estimate the change in number of schools with friable and nonfriable ACM over the 

implementation period of the rule. The intent of the Schools Rule is that all schools have a management plan, and 

that schools with friable ACM also have an O&M plan.
Page 18 of 21

Worksheet 7: Average Annual Respondent Aggregation Table

Number of 

Entities

Unit 

Burden

Total Burden

Hours

Unit Cost Total Cost

Local Education 

Agencies

Schools with Friable ACM

Public Primary 1,987 35 69,557 $1,242 $2,468,268

Public Secondary 1,171 58 67,937 $1,916 $2,244,275

Private 1,002 35 35,070 $1,242 $1,244,484

Schools with Nonfriable 

ACM

Public Primary 66,449 15 996,730 $576 $38,274,432

Public Secondary 29,210 28 817,871 $949 $27,719,974

Private 32,364 15 485,460 $576 $18,641,664

Subtotal for LEAs 132,183 2,472,625 $90,593,097

Training Providers 1,268 5.5 6,974 $775 $982,700

States/Territories 56 140 7,840 $4,526 $253,456

Total 133,507 2,487,439 $91,829,253

Note: Totals in above table may not sum due to rounding.

(ii) The Agency tally:

Worksheet 8: Average Annual Agency Aggregation Table

Number of 

Activities

Unit 

Burden

Total Burden Unit Cost Total Cost

Total 400 1 400 $77 $30,944

Note: Totals in above table may not sum due to rounding.

6(e) Reasons For Change in Burden

This ICR reflects a decrease of 105,449 hours (from 2,592,888 hours to 2,487,439 hours) 

in the total estimated respondent burden from that currently in the OMB inventory. The total 

burden estimate has decreased since the most recently approved renewal of this ICR because the 

numbers of schools with friable ACM have declined. The overall number of schools has declined 

slightly as well. The total annual burden for this information collection is currently estimated to 

be 2,487,439 hours per year. This is a 4.1 percent decrease from the annual burden of 2,592,888

hours in the most recently approved clearance of this information collection request. Most of this 

decrease is associated with the decrease in the number of schools with friable ACM. 
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Changes in Respondent Burden

Respondent Type Burden Hour Estimates Percent 

Change

Previous Current Difference

Local Education Agencies 2,578,074 2,472,625 -105,449 - 4.1 %

Training Providers 6,974 6,974 0 0 %

States/Territories 7,840 7,840 0 0 %

Total 2,592,888 2,487,439 -105,449 - 4.1 %

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. Burden is defined in 

5CFR 1320.3(b). An agency may not conduct or sponsor, and a person is not required to respond 

to, a collection of information unless it displays a currently valid OMB control number. The 

OMB control number for this information collection appears above. The OMB control numbers 

for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 

40 CFR part 9 and included on the related collection instrument or form, if applicable.

The Agency has established a public docket for this ICR under Docket ID No. EPA-HQOPPT-2012-0916, which is available for online viewing at www.regulations.gov, or in-person 

viewing at the Pollution Prevention and Toxics Docket in the EPA Docket Center (EPA/DC). 

The EPA/DC Public Reading Room is located in the EPA West Building, Room 3334, 1301 

Constitution Ave., N.W., Washington, DC. The EPA/DC Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number 

for the EPA/DC Public Reading Room is (202) 566-1744, and the telephone number for the 

Pollution Prevention and Toxics Docket is (202) 566-0280.

You may submit comments regarding the Agency's need for this information, the 

accuracy of the provided burden estimates and any suggested methods for minimizing 

respondent burden, including the use of automated collection techniques. Submit your 

comments, referencing Docket ID No. EPA-HQ- OPPT-2012-0916 and OMB Control No. 2070-

0091, to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: 

Pollution Prevention and Toxics Docket, Environmental Protection Agency Docket Center 

(EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave., N.W., Washington, DC 20460, and (2) 

OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and 

Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, N.W., Washington, DC 

20503.
Page 20 of 21

REFERENCES CITED IN THIS SUPPORTING STATEMENT

U.S. Bureau of Labor Statistics. 2010. 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 compensation: 

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. 2013. Occupational Employment Statistics: May 2012 National 

Industry-Specific Occupational Employment and Wage Estimates. Accessed 5/16/2013. Web 

site: http://www.bls.gov/oes/ 

U.S. Department of Commerce. 2013. Bureau of Economic Analysis. Gross Domestic Product:

Implicit Price Deflator. Accessed through the Saint Louis Federal Reserve Bank at 

http://research.stlouisfed.org/fred2/series/GDPDEF/. Series ID GDPDEF, Gross Domestic 

Product Implicit Price Deflator. Index 2005=100. 

U.S. Department of Education. June 2012. National Center for Education Statistics. Digest of 

Education Statistics: 2011. Table 91: Number of public school districts and public and private 

elementary and secondary schools. Web site: http://nces.ed.gov/programs/digest/d11/

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

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

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

Asbestos-In-Schools Rule. October, 1987.

U.S. EPA. 2011. Renewal ICR for the Asbestos-Containing Materials in Schools and Asbestos 

Model Accreditation Plans Rules. 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. 

U.S. Office of Personnel Management. 2013. Salary Table 2013-DCB. Web site: 

http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2013/general-schedule/
Page 21 of 21

ATTACHMENTS TO THIS SUPPORTING STATEMENT

Attachments to the supporting statement are available in the public docket established for 

this ICR under docket identification number EPA-HQ-OPPT-2012-0916. These attachments are 

available for online viewing at http://www.regulations.gov or otherwise accessed as described in 

the section below.

Attachment A - Asbestos Hazard Emergency Response Act, Section 203 (15 U.S.C. §2643) also 

accessible at http://www.gpo.gov/fdsys/pkg/USCODE-2009-title15/html/USCODE-2009-title15-

chap53-subchapII.htm

Attachment B - Asbestos Hazard Emergency Response Act, Section 206 (15 U.S.C. §2646) also 

accessible at http://www.gpo.gov/fdsys/pkg/USCODE-2009-title15/html/USCODE-2009-title15-

chap53-subchapII.htm

Attachment C - Asbestos-Containing Materials in Schools Rule (40 CFR 763, Subpart E) also 

accessible at http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&tpl=/ecfrbrowse/Title40/40cfr763_main_02.tpl

Attachment D - Model Accreditation Plan (40 CFR 763, Subpart E, Appendix C) also accessible 

at http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&tpl=/ecfrbrowse/Title40/40cfr763_main_02.tpl

Attachment E - Worksheet A-1: Annual Recordkeeping Burden, by School Type and Asbestos 

Type and Worksheet A-2 Annual Recordkeeping Cost, by School Type and Asbestos

Attachment F - Copy of Consultations Message Sent by EPA to Potential Respondents