SUPPLEMENTARY INFORMATION:

This is a proposed extension of the ICR, which is currently approved through May 31, 2026. 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.

Public comments were previously requested via the Federal Register on July 23, 2025, during a 60-day comment period (90 FR 346580). This notice allows for an additional 30 days for public comments. Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. Additional information about EPA's public docket, visit: http://www.epa.gov/​dockets.

Abstract: This Information Collection Request 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. Section 203 of the Asbestos Hazard Emergency Response Act (AHERA) 15 U.S.C. 2641-2656, 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. Section 206 of AHERA, as amended, authorized the EPA Administrator, in consultation with affected organizations, to develop a model accreditation plan for states. The MAP 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.

The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized here:

Form number(s): None.

Respondents/affected entities: Entities potentially affected by this ICR include the following respondents with NAICS Codes: Elementary and Secondary School Districts (61111); All States (92311); Training Providers (61143) and State Asbestos Accreditation Programs (92312).

Respondent's obligation to respond: Mandatory, per 15 U.S.C. 2643, 15 U.S.C. 2601 and 15 U.S.C. 2646.

Estimated number of respondents: 129,640 (total).

Frequency of response: On Occasion.

Total estimated burden: 2,414,694 hours (per year). Burden is defined at 5 CFR 1320.3(b).

Total estimated cost: $152,203,002 (per year), which includes $0 annualized capital or operation & maintenance costs.

Changes in the estimates: There is a decrease of 185,985 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This decrease, which is discussed in more detail in the ICR, reflects a steadily declining number of schools with friable asbestos containing materials (ACM). This change is an adjustment.

91 FR 29952