Page 1 of 21 **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**  **T ITLE**  **: Asbestos**  **- Containing Materials in**  **Schools and Asbestos Model**

**Accreditation Plan s**  **EPA ICR No.: 1365. 10**  **OMB Control No.: 2070 -**  **0091 1(b)**  **Short Characterization** This Information C ollection 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 EP A 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). ” Accordingl y, 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 an d s tate 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 accreditati on requirement s apply to persons who work in public and commercial buildings as well as schools. Accreditation of laboratories that anal yz e asbestos bulk samples and asbestos air samples is also required by AHERA
. This IC R estimates the paperwork burden for LEAs to inspect for asbestos and update management plans to protect all school building occupa nts 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.Page 2 of 21

**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 b y this I CR are required b y the Asbestos
- Containing Materials in Schools Rule (40 CFR part 763, s ubpart E) and the Model Accreditation Plan (40 CFR part 763, s ubpart 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 pla ns using accredited pe rsonnel. This is intended to ensure the protection of all school building occupants fro m exposure to asbestos fibers. All public and private elementary and secondary

schools (unless exempt under provision of the rule) were required to conduct inspections f or asbestos
containing building materials (ACBM) and develop management plans that describe neces sary actions to be undertaken. Reinspections by accredited persons must take place every three years unl ess all ACBM has been removed. Records retention as part of an updated asbestos management plan is necessary in order to document specific response action activ ities and periodic surveillance, 3
- year reinspection reports, and for an LEA to demonstrate co mpliance with the regulations. Beneficiaries of the colle ction activities include the LEA’s asbestos program manager and staff, accredited professionals who may be called upon to perform res ponse actions at a school, and federal and s tate enforcement agencies. MAP Rule : This collecti on will enable EPA, as wel l as s tate 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 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 s tate 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 recordke eping 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 d uplicate any other collection. There is no other model accreditation plan for s tates other than the MAP, and there is no procedure for the accreditationPage 3 of 21

of asbestos training programs under the Asbestos School Hazard Abatement Reautho rization Act (ASHARA) other than what is specificall y provided for in the MAP. **3(b) Public Notice Required Prior to ICR Submission to OMB**  In proposing to renew this I CR, EPA provided a 60
- day public notice and comment perio d that ended on October 7 , 201 3 (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 submitte d 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@c omcast.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 T im 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 le ss frequentl y, it would be difficult to determine whether an LEA properl y inspected for asbestos
- containing materials and developedPage 4 of 21

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 collec tion schedule is not feasible. Recordkeeping requirements are tied directl y to training courses and the issuance of accreditation certificates to students successfull y completing those courses an d 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 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 living document, necessary for as long as asbestos
- containing building materials are p resent 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 aft er the next reinspection date. As a result, such records may need to be maintained beyond the three year record retention period recommen ded in 5 CFR 1320.5(d)(2)(iv). EPA believes, however, that these retention requirements are necessary to satisfy the statutory

mand ates 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 necess ary 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 scho ol 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 ye ar period is necessary

and appropriate. The reinspection interval is necessary to satisfy the statutory

mandates in AHERA, which specificall y mandates the periodic surveillance an d reinspection of asbestos
- containing materials, and that the current interval is appropriate and necessary for ensuring that the asbestos
containing material does not subsequently become disturbed or damaged such that it is likely to become a potential hazard to school employees, children and other building occupants or users. The existing reinspection period is consistent with the provisions in 5 CFR 1320.5(d)(2). MAP Rule : There are no exceptions to note. **3(f) Confidentiality**  **and Sensitive Questio ns**  This information collection request does not include confidential or sensitive questions
.Page 5 of 21

**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 s tates are involved in recordkeeping and reporting activities associated with the AHERA Rule , while training providers and s tates are involved in recordkeeping and reporting activities related to the MAP Rule. The re spondent 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 (NAI CS code 61143 ), and State Asbestos Accreditation Programs (NAI CS 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 : N o specific data collection instrument is u sed 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 currentl y conducted by L EAs ( 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 : LE As must submit management plans to the s tates for review of school buildings that have come into operation after October 12, 1988 and maintain the require d recordkeeping. L EA s 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 ty pe as well as b y the ty

pe of AC B M 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;Page 6 of 21 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 AC B M 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 implementatio n. On an o ngoing basis, however , AHERA regulations also require LEAs to keep known or assumed ACBM under periodic surveillance and update the O&M plan accordingl y. The original inspection report and any reinspection reports must be maintained in the m anagement plan. Management planner recommendations and response actions with the associated air sampling clearanc e records are also to be kept. Records required by the rule also include those pertaining to fiber release episodes, periodic surveillance, training rece ived b y 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 in cluded in the management plan. The AHERA R

ule 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 managem ent plan, along with any necessary changes in response actions recommended or required. The AHERA R

ule directs the LEA to select and implement in a timely manner appropriate response actions for ACBM that are assessed by the accredited inspector and mana gement planner. The rule identifies five major response actions
-- O&M , repair, encapsulation, enclosure, and removal
-- and describes appropriate conditions under which th ey 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 prop erly completed. Th e 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 be ing released for reoccupation. Records of response actions and subsequent air sampling clearance records must be maintained b y the LEA. The AHERA R

ule 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 with out cost or restriction. LEAs must notify parent, teacher, and employee organizations of thePage 7 of 21

availability

of the management plans upon submission of the management plan to the s tate and at least once each school year. State Accreditation Programs: The AHERA Rule provid es 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 requi rements 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 accredit ed 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 anal ys is 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
. Specificall y, 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 AC B M 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.Page 8 of 21

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

- Distribute guidance to LEAs, state designees, and others on interpretation of AHERA;

- Audit training provider courses and reco rds 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 techni cal 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 o ffices 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 appl y to EPA for accreditation program a

pproval under the revised MAP. States wishing to obtain EPA program approval must make a one
- time appl ication to the appropriate EPA regional o ffice, 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 affect s small asbestos abatement contracting firms or accredited consultants, and training providers that qualif y 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 b y consultants, such as inspectors, management planners, and project designers.Page 9 of 21

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 : N ot applicable. MAP Rule : EPA’s receipt of a complete self
- certification submission from a provider constituted immediate re
- app roval of the training courses. Where state legislatures convened in January 1994, a 180
- day

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

deadline forf eited their previous program approval, and they must then reappl y 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 thi s ICR: LEAs involved in recordkeeping and reporting activi ties associated with the AHERA Rule, and training providers and s tates involved in recordkeeping and reporting activities related to the MAP Rule. The respondent activities are different for each ty

pe of respondent and are discussed in turn in the following section. **6(a) Estimating Respondent Burden**  Estimated Burden for Lo cal Education Agencies : LEA ( i.e. , school or school district) reporting and recordkeep ing 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 onl y for the management plan. The average estimated number of schools of each ty pe in the three years of this I CR renewal period (years 26 through 28 of the implementation 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 fri able and nonfriable asbestos as the previous I CR 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 sectio ns below
. Burden estimates based on the Asbestos MAP Rule were also included in the last ICR. Those values are also updated.Page 10 of 21

The management plan burden varies by school ty pe as well as b y the typ e of ACM found in a school. Appendix G of the Final Schools Rule Asbestos Hazard Emergency Response Act Regulatory Impact Anal

ysis (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 implement ation 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 scho ols 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 for public secondary schools. This app roach 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 acti ons and periodic surveillance. However, n ewly constructed schools covered b y exclusionary statements still would need to keep certain infor mation 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.Page 11 of 21

**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: “Seco nd 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 a ctivities related to the AHE RA Rule were completed during the first 10 ye ars of program implementation. The MAP Rule went into effect in 1994, at which time s tates were to apply to E PA 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 I CR 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 tatesPage 12 of 21

have approved accreditati on programs. In cases where a s tate does not have an approved program, the b urden 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 Technical**  **Clerical** Annual activities Implement a s tate 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 re certify 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 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 section are based on the burden estimates discussed above and additional n on - wage costs discussed below. Wage rates (including benefits) have been updated from the values in the AHERA Regulatory Impact Anal ys is (RIA) (EPA, 1987a), the Supplemental ICR for the Asbestos

- Containing Materials in Schools Rule (EPA, 1993), and the previous I CR (EPA, 2011 ) , to reflect the most recently available estimates. Estimated Burden Costs for Local Education Agencies : The implementation cost to LEAs o f the AHERA Rule include s the wages associated with the burden estimates in Section 6(a). Labor costs were updated using mean hourl y wage rates from the Bureau of Labor Statistics’ National Occupational Emplo ym ent and Wage Estimates (BLS, 2013) for the mos t appropriate Standard Occupational Classification (SOC).Page 13 of 21

 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 hourl y 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 Emplo yer 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 hourl y 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 , respectivel y. These values were used in Worksheet 4 to calculate current recordkeeping and reporting costs to schools with friable and/or n onfriable ACM, as shown below. In addition, schools are required to provide annual notification to parents and other interested p arties of the presence of ACM, as well as the availability of the mana gement 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 Produc t (GDP) (Dept. of Commerce, 2013 ). Worksheet 4 indicates that the annual reporting c osts for schools range from $576 for public primary

schools or private schools wi th only nonfriable ACM to $1,916 for public se condary schools with friable ACM.Page 14 of 21

**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 $1 68 $1 68 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**  **$5 76**  **$ 949**  Source: EPA. 1987. AHERA Economic Impact Analysis; Table 11 and Appendix G: "Second Year Implementation Costs." Nonfriable ACM does not require O&M.Page 15 of 21

Estimated Burden Costs for States : As discussed in Section 6(a), s tates have no additional costs associated with the AHERA Rule. Under the MAP Rule, s tate accreditation programs are required at least to meet the standards of the revised MAP. The burden es timates associated with the MAP R ule 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, 526. Wage rates were updated using mean hourly wage rates from the Bureau of L abor Statistics’ National Occupational Employ ment and Wage Estimates (BLS, 2013) for the most appropriate SOC
.
 The st ate 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, In c luding Health (SOC 19
- 2041) , and Office and Administrative Support Occupations (SOC 43
- 0000), respectively
.
 According to the Emplo yer 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 hourl y 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 , respectivel y. Worksheet 5 show s the estimated annual cost of s tate compliance with the MAP Rule is $4,436 per state. **Worksheet 5: Annua l Cost per State/Territory (2013**  **$) Labor Categories**  **Activities Management**  **Technical Clerical**  **Total $**  **79.19/ hour**  **$50.30/ hour**  **$25.09/h our**  Implement a s tate 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 b y clerical staff. Wage rates were updated usingPage 16 of 21

mean hourl y wage rates from the Bureau of Labor Statistics’ National Occupational Employ ment 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 $1 6.48 based on the mean hourl y wage for Office and Administrative Support Occupations (SOC 43
- 0000).

 According to the Emplo yer Costs for Employee Compensation, wages and salaries accounted for 75.5 percent of total compensation for emplo yees of the service producing private industry

as of Dece mber 2009. Based on this information, a 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 staff (BL S, 2010 ).

 The updated estimated total hourly compensation cost for training provider clerical staff is $ 21.92
. In additi on, 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 Produc t (GDP) (Dept. of Commerce, 2013 ). Worksheet 6 shows the estimated annual cost of training provider comp liance with the MAP Rule is $775 per training provider. **Worksheet 6: Annual Cost per Training Pr**  **ovider (2013 $)** 

**Activities Labor Category**  **Freq uency** **/ Year**  **Total Clerical**  **$ 21.92/h**  **our** 1. Retain records N/A N/A $6 54 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 $7**  **75 6(c)**  **Estimating Agency Burden and Cost** Agency burden and cost estim ates 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 R ule
. 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 inspectio ns or other enforcement or co mpliance assistance activities are conducted , they will be comple ted b y 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 loadin g factor for EPA personnel , this givesPage 17 of 21

a total hourly

compensation cost of $77.36
. Estimates incorporating this hourly compensation rat es 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 a**  **nd Costs** The number of school respondents in this I CR renewal is based on the average number of affected s chools of each ty pe for years 26 through 28 of program implementation, which is an extension of the method used in the previous IC R. 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, 201 2 **)**
. 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 analy sis the Agency assumes that this is a reas onable 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 i s $982,7 00. The MAP R

ule affects all 50 st ates, the District of Columbia, and 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. (i) The respondent tally :

2 Ta ble 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 im plementation 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 $5 76 $ 18,641,664 Subtotal for LEAs 132, 183 2, 472,625 $ 90,593,097 **Training Providers** 1,268 5.5 6,974 $7 75 $9 82,7 00 **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 IC R reflects a decrease of 105,449 hours (from 2,5 92 , 888 hours to 2, 487,439 hours) in the total estimated respondent burden from that currentl y in the OMB inventory. The total burden estimate has de creased since the most recently approved renewal of this I CR because the numbers of schools with friable ACM have declined. Th e overall number of schools has declined slightly as well. The total annual burden for this information collection is currentl y estimated to be 2, 487,439 hours per year . This is a 4.1 percent de crease from the annual burden of 2, 592,888 hours in the most recently approved clearance of this information collection request. Most of this de crease is associated with the de crease i n the number of schools with friable ACM.Page 19 of 21 **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 re sponse for training providers. Burden is de fined 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 currentl y valid OM B control number. The OMB control number for this information collection appears a bove. 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 I CR under Docket ID No. EPA
- HQ
OPPT
- 20 12
- 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 holiday s. The telephone number for the EPA/DC Public Reading Room is (202) 566
- 1744, and the telephone number f or 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
- 20 12
- 0916 and OMB Control No. 2070
- 0091 , to (1) EPA online using www.regulations.gov (our preferred method), or b y mail to: Pollution Prevention and To xics Docket, Environmental Protection Agency Docket Center (EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave., N.W., Washington, DC 20460, and (2) OMB b y mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attentio n: Desk Officer for EPA, 725 17th Street, N.W., Washington, DC 20503.Page 20 of 21

**REFERENCES CITED IN THIS SUPPORTING STATEMENT**  U.S. B ureau of Labor Statistics. 2010 . Employer C osts for Employee Compensation
-- December 2009. Table 3. Employer costs ... and costs a s a percent of total compensation: State and local government workers ... Table 5. Employer costs ... and costs as a percent of total compensatio n: Private industry

workers ... News Release of March 10, 2010. Web site : http://www.bls.gov/schedule/archives/ecec_nr.htm

. U.S. B ureau of Labor Statistics. 2013 . Occupational Employ ment Statistics: May

2012 National Industry
- Specific Occupational Employ ment and Wage Estimates. Accessed 5/16/2013. Web site: http://www.bls.gov/oes/ U.S. Department of Commerce. 2013
. Bureau of Economic Anal ys is. Gross Domestic Product: Implicit Price Deflator. Accessed through the Saint L ouis 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. Dige st of Education Statistics: 2011. Tabl e 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, Eco nomi cs and Technology Division. Asbestos Hazard Emergency

Response Act Regulatory Impact Anal ys is. September, 1987. U.S. EPA. 1987b. Office of Pe sticides and Toxic Substances. Addendum to ICR #2070
- 0091 , Asbestos
- In
- Schools Rule. October, 1987. U.S. EPA. 20 11
. Renewal I CR for the Asbestos
- Containing Materials in Schools and Asbestos Model Accreditation Plans Rule s . OMB No. 2070
- 0091. EPA I CR #1365. U.S. EPA. 2009. Office of Pol lution Prevention and Toxics. National Directory of AHERA Accredited Courses, Active Training Provider List. June 200 9. U.S. Offi ce of Personnel Management. 2013. Salary Table 2013
- DCB. Web s ite : http://www.opm.gov/policy
- data
- oversight/pay
- leave/salaries
- wages/2013/general
- schedule/Page 21 of 21

**ATTACHMENTS TO TH IS**  **SUPPORTING STATEMENT** Attachments to the supporting statement are available in the public docket established for this I CR under docket identification number EPA
- HQ
- OPPT
- 201 2
- 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/text

idx?c=ecfr &t

pl=/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/text

idx? c=ecfr &t

pl=/ecfrbrowse/Title40/40cfr763_main_02.tpl Attachment E
- Worksheet A
- 1: Annual Recordkeeping Burden, by School Ty

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

pe and Asbestos Attachment F
- Copy

of Consultations Message Sent by EPA to Potential Respondents