Asbestos-Containing Materials in Schools
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708
40 CFR
Pt. 763
contaminated surface used in the
validation study. Record and keep the results of the validation study as an
appendix to the SOP. Include in this appendix, the solvent used to make the
spiking solution, the PCB concentration of the spiking solution used to
contaminate the surfaces in the validation study, and all of the validation
study testing parameters and experimental conditions.
PART 763—ASBESTOS
Subparts A–C [Reserved]
Subpart D [Reserved]
Subpart E—Asbestos-Containing
Materials in
Schools
Sec.
763.80 Scope and purpose.
763.83 Definitions.
763.84 General local education
agency responsibilities.
763.85 Inspection and
reinspections.
763.86 Sampling.
763.87 Analysis.
763.88 Assessment.
763.90 Response actions.
763.91 Operations and maintenance.
763.92 Training and periodic
surveillance.
763.93 Management plans.
763.94 Recordkeeping.
763.95 Warning labels.
763.97 Compliance and enforcement.
763.98 Waiver; delegation to State.
763.99 Exclusions.
APPENDIX
A TO SUBPART E—INTERIM TRANS
APPENDIX B TO SUBPART E [RESERVED]
APPENDIX C TO SUBPART E—ASBESTOS MODEL ACCREDITATION PLAN
APPENDIX D TO SUBPART E—TRANSPORT AND DISPOSAL OF ASBESTOS WASTE
APPENDIX E TO SUBPART E—INTERIM METHOD OF THE DETERMINATION OF ASBESTOS IN BULK INSULATION SAMPLES
Subpart F [Reserved]
Subpart G—Asbestos Worker
Protection
763.120 What is the purpose of this
subpart?
763.121 Does this subpart apply to
me?
763.122 What does this subpart
require me to do?
763.123 May a State implement its
own asbestos worker protection plan?
Subpart H [Reserved]
Subpart I—Prohibition of the
Manufacture,
Importation, Processing, and
Distribution in Commerce of Certain AsbestosContaining Products; Labeling
Require-
ments
763.160 Scope.
763.163 Definitions.
763.165 Manufacture and importation
prohibitions.
763.167 Processing prohibitions.
763.169 Distribution in commerce
prohibitions.
763.171 Labeling requirements.
763.173 Exemptions.
763.175 Enforcement.
763.176 Inspections.
763.178 Recordkeeping.
763.179 Confidential business
information claims.
AUTHORITY
: 15 U.S.C. 2605, 2607(c), 2643,
and 2646.
Subparts A–D [Reserved]
Subpart E—Asbestos-Containing
Materials in
Schools
SOURCE
: 52 FR 41846,
§763.80 Scope and purpose.
(a) This rule requires local
education agencies to identify friable and nonfriable asbestos-containing material
(ACM) in public and private
elementary and secondary schools by visually inspecting school buildings for
such materials, sampling such materials if they are not assumed to be ACM, and
having samples analyzed by appropriate techniques referred to in this rule. The
rule requires local education agencies to submit management plans to the
Governor of their State by October 12, 1988, begin to implement the plans by
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Local education agencies are
encouraged to consult with EPA Regional Asbestos Coordinators, or if applicable,
a State’s lead agency
designated by the State
Governor, for assistance in complying with this rule.
(b) Local education agencies must
provide for the transportation and disposal of asbestos in accordance with
EPA’s ‘‘Asbestos Waste Management
Guidance.’’ For
convenience, applicable sections of this guidance are reprinted as Appendix D of
this subpart. There are regulations in place, however, that affect
transportation and disposal of asbestos waste generated by this rule.
The transportation of asbestos
waste is covered by the Department of Transportation (49 CFR part 173, subpart
J) and disposal is covered by the National Emissions Standards for Hazardous Air Pollutants (NESHAP) (40 CFR part 61, subpart
M).
§763.83 Definitions.
For purposes of this subpart:
Act means the Toxic
Substances Control Act (TSCA), 15 U.S.C. 2601, et seq.
Accessible when referring to
ACM means that the material is subject to disturbance by school building
occupants or custodial or maintenance personnel in the course of their normal
activities.
Accredited or accreditation when
referring to a person or laboratory means that such person or laboratory is
accredited in accordance with section 206 of Title II of the Act.
Air erosion means the
passage of air over friable ACBM which may result in the release of asbestos
fibers.
Asbestos means the
asbestiform varieties of: Chrysotile (serpentine); crocidolite (riebeckite);
amosite (cummingtonitegrunerite); Anthophyllite; tremolite; and actinolite.
Asbestos-containing material (ACM)
when referring to school buildings means any material or product which contains
more than 1 percent asbestos.
Asbestos-containing building
material (ACBM) means
surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found
in or on interior structural members or other parts of a school building.
Asbestos debris means pieces
of ACBM that can be identified by color, texture, or composition, or means dust,
if the dust is determined by an accredited inspector to be ACM.
Damaged friable miscellaneous ACM
means friable miscellaneous ACM which has deteriorated or sustained physical
injury such that the internal structure (cohesion) of the material is inadequate
or, if applicable, which has delaminated such that its bond to the substrate
(adhesion) is inadequate or which for any other reason lacks fiber cohesion or
adhesion qualities. Such damage or deterioration may be illustrated by the
separation of ACM into layers; separation of ACM from the substrate; flaking,
blistering, or crumbling of the ACM surface; water damage; significant or
repeated water stains, scrapes, gouges, mars or other signs of physical injury
on the ACM.
Asbestos debris originating from
the ACBM in question may
also indicate damage.
Damaged friable surfacing ACM means
friable surfacing ACM which has deteriorated or sustained physical injury such
that the internal structure (cohesion) of the material is inadequate or which
has delaminated such that its bond to the substrate (adhesion) is inadequate, or
which, for any other reason, lacks fiber cohesion or adhesion qualities. Such
damage or deterioration may be illustrated by the separation of ACM into layers;
separation of
ACM from the substrate; flaking,
blistering, or crumbling of the ACM surface; water damage; significant or
repeated water stains, scrapes, gouges, mars or other signs of physical injury
on the ACM. Asbestos debris originating from the ACBM in question may also
indicate damage.
Damaged or significantly damaged
thermal system insulation ACM means thermal system insulation ACM on pipes,
boilers, tanks, ducts, and other thermal system insulation equipment where the
insulation has lost its structural integrity, or its covering, in whole or in
part, is crushed, waterstained, gouged, punctured, missing, or not intact such
that it is not able to contain fibers. Damage may be further illustrated by
occasional punctures, gouges or other signs of physical injury to ACM;
occasional water damage on
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the protective coverings/jackets;
or exposed ACM ends or joints. Asbestos debris originating from the ACBM in
question may also indicate damage.
Encapsulation means the
treatment of
ACBM with a material that surrounds
or embeds asbestos fibers in an adhesive matrix to prevent the release of
fibers, as the encapsulant creates a membrane over the surface (bridging
encapsulant) or penetrates the material and binds its components together
(penetrating encapsulant).
Enclosure means an airtight,
impermeable, permanent barrier around
ACBM to prevent the release of
asbestos fibers into the air.
Fiber release episode means any
uncontrolled or unintentional disturbance of ACBM resulting in visible emission.
Friable when referring to
material in a school building means that the material, when dry, may be
crumbled, pulverized, or reduced to powder by hand pressure, and includes
previously nonfriable material after such previously nonfriable material becomes
damaged to the extent that when dry it may be crumbled, pulverized, or reduced
to powder by hand pressure.
Functional space means a
room, group of rooms, or homogeneous area (including crawl spaces or the space
between a dropped ceiling and the floor or roof deck above), such as
classroom(s), a cafeteria, gymnasium, hallway(s), designated by a person
accredited to prepare management plans, design abatement projects, or conduct
response actions.
High-efficiency particulate air
(HEPA) refers to a filtering system capable of trapping and retaining at least
99.97 percent of all monodispersed particles
0.3 µm in diameter or larger.
Homogeneous area means an
area of surfacing material, thermal system insulation material, or miscellaneous
material that is uniform in color and texture.
Local education agency means:
(1) Any local educational agency as
defined in section 198 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 3381).
(2) The owner of any nonpublic,
nonprofit elementary, or secondary school building.
(3) The governing authority of any
school operated under the defense dependent’s education system provided for
under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921, et seq.).
Miscellaneous ACM means
miscellaneous material that is ACM in a school building.
Miscellaneous material means
interior building material on structural components, structural members or
fixtures, such as floor and ceiling tiles, and does not include surfacing
material or thermal system insulation.
Nonfriable means material in
a school building which when dry may not be crumbled, pulverized, or reduced to
powder by hand pressure.
Operations and maintenance program
means a program of work practices to maintain friable ACBM in good condition,
ensure clean up of asbestos fibers previously released, and prevent further
release by minimizing and controlling friable ACBM disturbance or damage.
Potential
damage
means
cir-
cumstances in which:
(1) Friable ACBM is in an area
regularly used by building occupants, including maintenance personnel, in the
course of their normal activities.
(2) There are indications that
there is a reasonable likelihood that the material or its covering will become
damaged, deteriorated, or delaminated due to factors such as changes in building
use, changes in operations and maintenance practices, changes in occupancy, or
recurrent damage.
Potential significant damage means
circumstances in which:
(1) Friable ACBM is in an area
regularly used by building occupants, including maintenance personnel, in the
course of their normal activities.
(2) There are indications that
there is a reasonable likelihood that the material or its covering will become
significantly damaged, deteriorated, or delaminated due to factors such as
changes in building use, changes in operations and maintenance practices,
changes in occupancy, or recurrent damage.
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(3) The material is subject to
major or continuing disturbance, due to factors including, but not limited to,
accessibility or, under certain circumstances, vibration or air erosion.
Preventive measures means actions
taken to reduce disturbance of ACBM or otherwise eliminate the reasonable
likelihood of the material’s becoming damaged or significantly damaged.
Removal means the taking out
or the stripping of substantially all ACBM from a damaged area, a functional
space, or a homogeneous area in a school building.
Repair means returning
damaged
ACBM to an undamaged condition or
to an intact state so as to prevent fiber release.
Response action means a
method, including removal, encapsulation, enclosure, repair, operations and
maintenance, that protects human health and the environment from friable ACBM.
Routine maintenance area means an
area, such as a boiler room or mechanical room, that is not normally frequented
by students and in which maintenance employees or contract workers regularly
conduct maintenance activities.
School means any elementary
or secondary school as defined in section 198 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2854).
School building means:
(1) Any structure suitable for use
as a classroom, including a school facility such as a laboratory, library,
school eating facility, or facility used for the preparation of food.
(2) Any gymnasium or other facility
which is specially designed for athletic or recreational activities for an
academic course in physical education.
(3) Any other facility used for the
instruction or housing of students or for the administration of educational or
research programs.
(4) Any maintenance, storage, or
utility facility, including any hallway, essential to the operation of any
facility described in this definition of ‘‘school building’’ under paragraphs
(1), (2), or
(3).
(5) Any portico or covered exterior
hallway or walkway.
(6) Any exterior portion of a
mechanical system used to condition interior space.
Significantly damaged friable
miscellaneous ACM means damaged friable miscellaneous ACM where the
damage is extensive and severe.
Significantly damaged friable
surfacing
ACM means damaged friable
surfacing
ACM in a functional space where the
damage is extensive and severe.
State means a State, the
District of
to Rico,
tory of the
Surfacing ACM means
surfacing material that is ACM.
Surfacing material means material
in a school building that is sprayed-on, troweled-on, or otherwise applied to
surfaces, such as acoustical plaster on ceilings and fireproofing materials on
structural members, or other materials on surfaces for acoustical, fireproofing,
or other purposes.
Thermal system insulation means
material in a school building applied to pipes, fittings, boilers, breeching,
tanks, ducts, or other interior structural components to prevent heat loss or
gain, or water condensation, or for other purposes.
Thermal system insulation ACM means
thermal system insulation that is
ACM.
Vibration means the periodic
motion of friable ACBM which may result in the release of asbestos fibers.
§763.84 General local education
agency responsibilities.
Each local education agency shall:
(a) Ensure that the activities of
any persons who perform inspections, reinspections, and periodic surveillance,
develop and update management plans, and develop and implement response actions,
including operations and maintenance, are carried out in accordance with subpart
E of this part.
(b) Ensure that all custodial and
maintenance employees are properly trained as required by this subpart E and
other applicable Federal and/or
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State regulations (e.g., the
Occupational Safety and Health Administration asbestos standard for
construction, the EPA worker protection rule, or applicable State regulations).
(c) Ensure that workers and
building occupants, or their legal guardians, are informed at least once each
school year about inspections, response actions, and post-response action
activities, including periodic reinspection and surveillance activities that are
planned or in progress.
(d) Ensure that short-term workers
(e.g., telephone repair workers,
utility workers, or exterminators) who may come in contact with asbestos in a
school are provided information regarding the locations of ACBM and suspected
ACBM assumed to be ACM.
(e) Ensure that warning labels are
posted in accordance with §763.95.
(f) Ensure that management plans
are available for inspection and notification of such availability has been
provided as specified in the management plan under §763.93(g).
(g)(1) Designate a person to ensure
that requirements under this section are properly implemented.
(2) Ensure that the designated
person receives adequate training to perform duties assigned under this section.
Such training shall provide, as
necessary, basic knowledge of:
(i) Health effects of asbestos.
(ii) Detection, identification, and
assessment of ACM.
(iii) Options for controlling ACBM.
(iv) Asbestos management programs.
(v) Relevant Federal and State
regulations concerning asbestos, including those in this subpart E and those of
the
Occupational Safety and Health
Administration, U.S. Department of
Labor, the
portation and the U.S.
Environmental
Protection Agency.
(h) Consider whether any conflict
of interest may arise from the interrelationship among accredited personnel and
whether that should influence the selection of accredited personnel to perform
activities under this subpart.
§763.85 Inspection and
reinspections.
(a) Inspection. (1) Except
as provided in paragraph (a)(2) of this section, before
agencies shall inspect each school
building that they lease, own, or otherwise use as a school building to identify
all locations of friable and nonfriable ACBM.
(2) Any building leased or acquired
on or after
(a) (3) and (4) of this section
prior to use as a school building. In the event that emergency use of an
uninspected building as a school building is necessitated, such buildings shall
be inspected within 30 days after commencement of such use.
(3) Each inspection shall be made
by an accredited inspector.
(4) For each area of a school
building, except as excluded under §763.99, each person performing an inspection
shall:
(i) Visually inspect the area to
identify the locations of all suspected
ACBM.
(ii) Touch all suspected ACBM to
determine whether they are friable.
(iii) Identify all homogeneous
areas of friable suspected ACBM and all homogeneous areas of nonfriable
suspected ACBM.
(iv) Assume that some or all of the
homogeneous areas are ACM, and, for each homogeneous area that is not assumed to
be ACM, collect and submit for analysis bulk samples under
§§763.86 and 763.87.
(v) Assess, under §763.88, friable
material in areas where samples are collected, friable material in areas that
are assumed to be ACBM, and friable
ACBM identified during a previous
inspection.
(vi) Record the following and
submit to the person designated under §763.84 a copy of such record for
inclusion in the management plan within 30 days of the inspection:
(A) An inspection report with the
date of the inspection signed by each accredited person making the inspection,
State of accreditation, and if applicable, his or her accreditation number.
(B) An inventory of the locations
of the homogeneous areas where samples are collected, exact location where each
bulk sample is collected, dates
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that samples are collected,
homogeneous areas where friable suspected
ACBM is assumed to be ACM, and
homogeneous areas where nonfriable suspected ACBM is assumed to be ACM.
(C) A description of the manner
used to determine sampling locations, the name and signature of each accredited
inspector who collected the samples,
State of accreditation, and, if
applicable, his or her accreditation number.
(D) A list of whether the
homogeneous areas identified under paragraph (a)(4)(vi)(B) of this section, are
surfacing material, thermal system insulation, or miscellaneous material.
(E) Assessments made of friable
material, the name and signature of each accredited inspector making the
assessment, State of accreditation, and if applicable, his or her accreditation
number.
(b) Reinspection. (1) At
least once every 3 years after a management plan is in effect, each local
education agency shall conduct a reinspection of all friable and nonfriable
known or assumed ACBM in each school building that they lease, own, or otherwise
use as a school building.
(2) Each inspection shall be made
by an accredited inspector.
(3) For each area of a school
building, each person performing a reinspection shall:
(i) Visually reinspect, and
reassess, under §763.88, the condition of all friable known or assumed ACBM.
(ii) Visually inspect material that
was previously considered nonfriable
ACBM and touch the material to
determine whether it has become friable since the last inspection or
reinspection.
(iii) Identify any homogeneous
areas with material that has become friable since the last inspection or
reinspection.
(iv) For each homogeneous area of
newly friable material that is already assumed to be ACBM, bulk samples may be
collected and submitted for analysis in accordance with §§763.86 and 763.87.
(v) Assess, under §763.88, the
condition of the newly friable material in areas where samples are collected,
and newly friable materials in areas that are assumed to be ACBM.
(vi) Reassess, under §763.88, the
condition of friable known or assumed
ACBM previously identified.
(vii) Record the following and
submit to the person designated under §763.84 a copy of such record for
inclusion in the management plan within 30 days of the reinspection:
(A) The date of the reinspection,
the name and signature of the person making the reinspection, State of
accreditation, and if applicable, his or her accreditation number, and any
changes in the condition of known or assumed
ACBM.
(B) The exact locations where
samples are collected during the reinspection, a description of the manner used
to determine sampling locations, the name and signature of each accredited
inspector who collected the samples,
State of accreditation, and, if
applicable, his or her accreditation number.
(C) Any assessments or
reassessments made of friable material, the name and signature of the accredited
inspector making the assessments,
State of accreditation, and if
applicable, his or her accreditation number.
(c) General. Thermal system
insulation that has retained its structural integrity and that has an undamaged
protective jacket or wrap that prevents fiber release shall be treated as
nonfriable and therefore is subject only to periodic surveillance and preventive
measures as necessary.
§763.86 Sampling.
(a) Surfacing material. An
accredited inspector shall collect, in a statistically random manner that is
representative of the homogeneous area, bulk samples from each homogeneous area
of friable surfacing material that is not assumed to be ACM, and shall collect
the samples as follows:
(1) At least three bulk samples
shall be collected from each homogeneous
area that is 1,000 ft
2 or less, except as
provided in §763.87(c)(2).
(2) At least five bulk samples
shall be collected from each homogeneous area
that is greater than 1,000
ft
2 but less
than or equal to 5,000
ft
2
, except as pro-
vided in §763.87(c)(2).
(3) At least seven bulk samples
shall be collected from each homogeneous
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area that is greater than 5,000
ft
2
, ex-
cept as provided in §763.87(c)(2).
(b) Thermal system insulation. (1)
Except as provided in paragraphs (b) (2) through (4) of this section and
§763.87(c), an accredited inspector
shall collect, in a randomly distributed manner, at least three bulk samples
from each homogeneous area of thermal system insulation that is not assumed to
be ACM.
(2) Collect at least one bulk
sample from each homogeneous area of patched thermal system insulation that is
not assumed to be ACM if the patched section is less than 6 linear or square
feet.
(3) In a manner sufficient to
determine whether the material is ACM or not ACM, collect bulk samples from each
insulated mechanical system that is not assumed to be ACM where cement or
plaster is used on fittings such as tees, elbows, or valves, except as provided
under §763.87(c)(2).
(4) Bulk samples are not required
to be collected from any homogeneous area where the accredited inspector has
determined that the thermal system insulation is fiberglass, foam glass, rubber,
or other non-ACBM.
(c) Miscellaneous material. In a
manner sufficient to determine whether material is ACM or not ACM, an accredited
inspector shall collect bulk samples from each homogeneous area of friable
miscellaneous material that is not assumed to be ACM.
(d) Nonfriable suspected ACBM. If
any homogeneous area of nonfriable suspected ACBM is not assumed to be
ACM, then an accredited inspector
shall collect, in a manner sufficient to determine whether the material is
ACM or not ACM, bulk samples from
the homogeneous area of nonfriable suspected ACBM that is not assumed to be ACM.
§763.87 Analysis.
(a) Local education agencies shall
have bulk samples, collected under
§763.86 and submitted for analysis,
analyzed for asbestos using laboratories accredited by the National Bureau of
Standards (NBS). Local education
agencies shall use laboratories which have received interim accreditation for
polarized light microscopy (PLM) analysis under the EPA Interim Asbestos
Bulk Sample Analysis Quality
Assurance Program until the NBS PLM laboratory accreditation program for PLM is
operational.
(b) Bulk samples shall not be
composited for analysis and shall be analyzed for asbestos content by PLM, using
the
‘‘Interim Method for the
Determination of Asbestos in Bulk Insulation
Samples’’ found at appendix E to
subpart E of this part.
(c)(1) A homogeneous area is
considered not to contain ACM only if the results of all samples required to be
collected from the area show asbestos in amounts of 1 percent or less.
(2) A homogeneous area shall be
determined to contain ACM based on a finding that the results of at least one
sample collected from that area shows that asbestos is present in an amount
greater than 1 percent.
(d) The name and address of each
laboratory performing an analysis, the date of analysis, and the name and
signature of the person performing the analysis shall be submitted to the person
designated under §763.84 for inclusion into the management plan within
30 days of the analysis.
[52 FR 41846,
FR 31922,
§763.88 Assessment.
(a)(1) For each inspection and
reinspection conducted under §763.85 (a) and (c) and previous inspections
specified under §763.99, the local education agency shall have an accredited
inspector provide a written assessment of all friable known or assumed ACBM in
the school building.
(2) Each accredited inspector
providing a written assessment shall sign and date the assessment, provide his
or her State of accreditation, and if applicable, accreditation number, and
submit a copy of the assessment to the person designated under §763.84 for
inclusion in the management plan within
30 days of the assessment.
(b) The inspector shall classify
and give reasons in the written assessment for classifying the ACBM and
suspected
ACBM assumed to be ACM in the
school building into one of the following categories:
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(1) Damaged or significantly
damaged thermal system insulation ACM.
(2) Damaged friable surfacing ACM.
(3) Significantly damaged friable
surfacing ACM.
(4) Damaged or significantly
damaged friable miscellaneous ACM.
(5) ACBM with potential for damage.
(6) ACBM with potential for
significant damage.
(7) Any remaining friable ACBM or
friable suspected ACBM.
(c) Assessment may include the
following considerations:
(1) Location and the amount of the
material, both in total quantity and as a percentage of the functional space.
(2) Condition of the material,
specifying:
(i) Type of damage or significant
damage (e.g., flaking, blistering, water damage, or other signs of physical
damage).
(ii) Severity of damage (e.g.,
major flaking, severely torn jackets, as opposed to occasional flaking, minor
tears to jackets).
(iii) Extent or spread of damage
over large areas or large percentages of the homogeneous area.
(3) Whether the material is
accessible.
(4) The material’s potential for
disturbance.
(5) Known or suspected causes of
damage or significant damage (e.g., air erosion, vandalism, vibration, water).
(6) Preventive measures which might
eliminate the reasonable likelihood of undamaged ACM from becoming significantly
damaged.
(d) The local education agency
shall select a person accredited to develop management plans to review the
results of each inspection, reinspection, and assessment for the school building
and to conduct any other necessary activities in order to recommend in writing
to the local education agency appropriate response actions. The accredited
person shall sign and date the recommendation, provide his or her State of
accreditation, and, if applicable, provide his or her accreditation number, and
submit a copy of the recommendation to the person designated under
§763.84 for inclusion in the
management plan.
§763.90 Response actions.
(a) The local education agency
shall select and implement in a timely manner the appropriate response actions
in this section consistent with the assessment conducted in §763.88. The
response actions selected shall be sufficient to protect human health and the
environment. The local education agency may then select, from the response
actions which protect human health and the environment, that action which is the
least burdensome method. Nothing in this section shall be construed to prohibit
removal of
ACBM from a school building at any
time, should removal be the preferred response action of the local education
agency.
(b) If damaged or significantly
damaged thermal system insulation ACM is present in a building, the local
education agency shall:
(1) At least repair the damaged
area.
(2) Remove the damaged material if
it is not feasible, due to technological factors, to repair the damage.
(3) Maintain all thermal system
insulation ACM and its covering in an intact state and undamaged condition.
(c)(1) If damaged friable surfacing
ACM or damaged friable
miscellaneous
ACM is present in a building, the
local education agency shall select from among the following response actions:
encapsulation, enclosure, removal, or repair of the damaged material.
(2) In selecting the response
action from among those which meet the definitional standards in §763.83, the
local education agency shall determine which of these response actions protects
human health and the environment. For purposes of determining which of these
response actions are the least burdensome, the local education agency may then
consider local circumstances, including occupancy and use patterns within the
school building, and its economic concerns, including short- and long-term
costs.
(d) If significantly damaged
friable surfacing ACM or significantly damaged friable miscellaneous ACM is
present in a building the local education agency shall:
(1) Immediately isolate the
functional space and restrict access, unless
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isolation is not necessary to
protect human health and the environment.
(2) Remove the material in the
functional space or, depending upon whether enclosure or encapsulation would be
sufficient to protect human health and the environment, enclose or encapsulate.
(e) If any friable surfacing ACM,
thermal system insulation ACM, or friable miscellaneous ACM that has potential
for damage is present in a building, the local education agency shall at least
implement an operations and maintenance (O&M) program, as described under
§763.91.
(f) If any friable surfacing ACM,
thermal system insulation ACM, or friable miscellaneous ACM that has potential
for significant damage is present in a building, the local education agency
shall:
(1) Implement an O&M program,
as described under §763.91.
(2) Institute preventive measures
appropriate to eliminate the reasonable likelihood that the ACM or its covering
will become significantly damaged, deteriorated, or delaminated.
(3) Remove the material as soon as
possible if appropriate preventive measures cannot be effectively implemented,
or unless other response actions are determined to protect human health and the
environment. Immediately isolate the area and restrict access if necessary to
avoid an imminent and substantial endangerment to human health or the
environment.
(g) Response actions including
removal, encapsulation, enclosure, or repair, other than small-scale,
short-duration repairs, shall be designed and conducted by persons accredited to
design and conduct response actions.
(h) The requirements of this
subpart
E in no way supersede the worker
protection and work practice requirements under 29 CFR 1926.58 (Occupational
Safety and Health Administration (OSHA) asbestos worker protection standards for
construction), 40
CFR part 763, subpart G (EPA
asbestos worker protection standards for public employees), and 40 CFR part 61,
subpart M (National Emission Standards for Hazardous Air Pollutants—Asbestos).
(i) Completion of response actions.
(1)
At the conclusion of any action to
remove, encapsulate, or enclose ACBM or material assumed to be ACBM, a person
designated by the local education agency shall visually inspect each functional
space where such action was conducted to determine whether the action has been
properly completed.
(2)(i) A person designated by the
local education agency shall collect air samples using aggressive sampling as
described in appendix A to this subpart E to monitor air for clearance after
each removal, encapsulation, and enclosure project involving ACBM, except for
projects that are of small-scale, shortduration.
(ii) Local education agencies shall
have air samples collected under this section analyzed for asbestos using
laboratories accredited by the National
Bureau of Standards to conduct such
analysis using transmission electron microscopy (TEM) or, under circumstances
permitted in this section, laboratories enrolled in the American
Industrial Hygiene Association
Proficiency Analytical Testing Program for phase contrast microscopy (PCM).
(iii) Until the National Bureau of
Standards TEM laboratory
accreditation program is operational, local educational agencies shall use
laboratories that use the protocol described in appendix A to subpart E of this
part.
(3) Except as provided in
paragraphs
(i)(4), and (i)(5), of this
section, an action to remove, encapsulate, or enclose
ACBM shall be considered complete
when the average concentration of asbestos of five air samples collected within
the affected functional space and analyzed by the TEM method in appendix A of
this subpart E, is not statistically significantly different, as determined by
the Z-test calculation found in appendix A of this subpart E, from the average
asbestos concentration of five air samples collected at the same time outside
the affected functional space and analyzed in the same manner, and the average
asbestos concentration of the three field blanks described in appendix A of this
subpart E is below the filter background level, as defined in appendix A of this
subpart E, of 70 structures per square millimeter
(70 s/mm
2
).
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(4) An action may also be
considered complete if the volume of air drawn for each of the five samples
collected within the affected functional space is equal to or greater than 1,199
L of air for a 25 mm filter or equal to or greater than 2,799 L of air for a 37
mm filter, and the average concentration of asbestos as analyzed by the TEM
method in appendix A of this subpart E, for the five air samples does not exceed
the filter background level, as defined in appendix A, of 70 structures per
square
millimeter (70 s/mm
2
). If the average
concentration of asbestos of the
five air samples within the affected func-
tional space exceeds 70
s/mm
2
, or if the
volume of air in each of the
samples is less than 1,199 L of air for a 25 mm filter or less than 2,799 L of
air for a 37 mm filter, the action shall be considered complete only when the
requirements of paragraph (i)(3) or (i)(5), of this section are met.
(5) At any time, a local education
agency may analyze air monitoring samples collected for clearance purposes by
phase contrast microscopy
(PCM) to confirm completion of
removal, encapsulation, or enclosure of
ACBM that is greater than
small-scale, short-duration and less than or equal to 160 square feet or 260
linear feet. The action shall be considered complete when the results of samples
collected in the affected functional space and analyzed by phase contrast
microscopy using the National Institute for Occupational Safety and Health
(NIOSH)
Method 7400 entitled ‘‘Fibers’’
published in the NIOSH Manual of Analytical Methods, 3rd Edition, Second
Supplement, August 1987, show that the concentration of fibers for each of the
five samples is less than or equal to a limit of quantitation for PCM (0.01 fi-
bers per cubic centimeter (0.01
f/cm
3
) of
air). The method is available for
public inspection at the Office of the Federal
Register,
the Non-Confidential Information
Center (NCIC) (7407), Office of Pollution
Prevention and Toxics,
NEM, 401 M
20460, between the hours of
days. This incorporation by
reference was approved by the Director of the
Federal Register in accordance with
5
U.S.C. 552(a) and 1 CFR part 51.
The method is incorporated as it exists on the effective date of this rule, and
a notice of any change to the method will
be published in the F
EDERAL
R
EGISTER
.
(6) To determine the amount of
ACBM affected under paragraph
(i)(5) of this section, the local education agency shall add the total square or
linear footage of ACBM within the containment barriers used to isolate the
functional space for the action to remove, encapsulate, or enclose the
ACBM. Contiguous portions of
material subject to such action conducted concurrently or at approximately the
same time within the same school building shall not be separated to qualify
under paragraph (i)(5), of this section.
[52 FR 41846,
FR 12525,
1995; 60 FR 34465,
§763.91 Operations and maintenance.
(a) Applicability. The local
education agency shall implement an operations, maintenance, and repair
(O&M) program under this section whenever any friable ACBM is present or
assumed to be present in a building that it leases, owns, or otherwise uses as a
school building. Any material identified as nonfriable ACBM or nonfriable
assumed ACBM must be treated as friable
ACBM for purposes of this section
when the material is about to become friable as a result of activities performed
in the school building.
(b) Worker protection. Local
education agencies must comply with either the
OSHA Asbestos Construction Standard
at 29 CFR 1926.1101, or the Asbestos
Worker Protection Rule at 40 CFR
763.120, whichever is applicable.
(c) Cleaning—(1) Initial cleaning.
Unless the building has been cleaned using equivalent methods within the
previous 6 months, all areas of a school building where friable ACBM, damaged or
significantly damaged thermal system insulation ACM, or friable suspected ACBM
assumed to be ACM are present shall be cleaned at least once after the
completion of the inspection required by §763.85(a) and before the initiation of
any response action, other
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than O&M activities or repair,
according to the following procedures:
(i) HEPA-vacuum or steam-clean all
carpets.
(ii) HEPA-vacuum or wet-clean all
other floors and all other horizontal surfaces.
(iii) Dispose of all debris,
filters, mopheads, and cloths in sealed, leaktight containers.
(2) Additional cleaning. The
accredited management planner shall make a written recommendation to the local
education agency whether additional cleaning is needed, and if so, the methods
and frequency of such cleaning.
(d) Operations and maintenance
activities. The local education agency shall ensure that the procedures
described below to protect building occupants shall be followed for any
operations and maintenance activities disturbing friable ACBM:
(1) Restrict entry into the area by
persons other than those necessary to perform the maintenance project, either by
physically isolating the area or by scheduling.
(2) Post signs to prevent entry by
unauthorized persons.
(3) Shut off or temporarily modify
the air-handling system and restrict other sources of air movement.
(4) Use work practices or other
controls, such as, wet methods, protective clothing, HEPA-vacuums,
mini-enclosures, glove bags, as necessary to inhibit the spread of any released
fibers.
(5) Clean all fixtures or other
components in the immediate work area.
(6) Place the asbestos debris and
other cleaning materials in a sealed, leak-tight container.
(e) Maintenance activities other
than small-scale, short-duration. The response action for any maintenance
activities disturbing friable ACBM, other than small-scale, short-duration
maintenance activities, shall be designed by persons accredited to design
response actions and conducted by persons accredited to conduct response
actions.
(f) Fiber release episodes—(1)
Minor fiber release episode. The local education agency shall ensure that the
procedures described below are followed in the event of a minor fiber release
episode (i.e., the falling or dislodging of 3 square or linear feet or less of
friable
ACBM): 5
(i) Thoroughly saturate the debris
using wet methods.
(ii) Clean the area, as described
in paragraph (e) of this section.
(iii) Place the asbestos debris in
a sealed, leak-tight container.
(iv) Repair the area of damaged ACM
with materials such as asbestos-free spackling, plaster, cement, or insulation,
or seal with latex paint or an encapsulant, or immediately have the appropriate
response action implemented as required by §763.90.
(2) Major fiber release episode.
The local education agency shall ensure that the procedures described below are
followed in the event of a major fiber release episode (i.e., the falling or
dislodging of more than 3 square or linear feet of friable ACBM):
(i) Restrict entry into the area
and post signs to prevent entry into the area by persons other than those
necessary to perform the response action.
(ii) Shut off or temporarily modify
the air-handling system to prevent the distribution of fibers to other areas in
the building.
(iii) The response action for any
major fiber release episode must be designed by persons accredited to design
response actions and conducted by persons accredited to conduct response
actions.
[52 FR 41846, Oct. 30, 1987, as
amended at 65
FR 69216, Nov. 15, 2000]
§763.92 Training and periodic
surveillance.
(a) Training. (1) The local
education agency shall ensure, prior to the implementation of the O&M
provisions of the management plan, that all members of its maintenance and
custodial staff (custodians, electricians, heating/ air conditioning engineers,
plumbers, etc.) who may work in a building that contains ACBM receive awareness
training of at least 2 hours, whether or not they are required to work with
ACBM. New custodial and maintenance
employees shall be trained within 60 days after commencement of employment.
Training shall include, but not be limited to:
(i) Information regarding asbestos
and its various uses and forms.
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(ii) Information on the health
effects associated with asbestos exposure.
(iii) Locations of ACBM identified
throughout each school building in which they work.
(iv) Recognition of damage,
deterioration, and delamination of ACBM.
(v) Name and telephone number of
the person designated to carry out general local education agency
responsibilities under §763.84 and the availability and location of the
management plan.
(2) The local education agency
shall ensure that all members of its maintenance and custodial staff who conduct
any activities that will result in the disturbance of ACBM shall receive
training described in paragraph (a)(1) of this section and 14 hours of
additional training. Additional training shall include, but not be limited to:
(i) Descriptions of the proper
methods of handling ACBM.
(ii) Information on the use of
respiratory protection as contained in the
EPA/NIOSH Guide to Respiratory
Protection for the Asbestos Abatement Industry,
September 1986 (EPA 560/OPPTS–86–
001), available from the Director,
Environmental Assistance Division (7408),
Office of Pollution Prevention and
Toxics, U.S. Environmental
Protection
Agency, Room E–543B, 1200
Pennsylvania Ave., NW., Washington, DC 20460,
Telephone: (202) 554–1404, TDD:
(202)
544–0551 and other personal
protection measures.
(iii) The provisions of this
section and §763.91, Appendices A, C, and D of this subpart E of this part, EPA
regulations contained in 40 CFR part 763, subpart G, and in 40 CFR part 61,
subpart
M, and OSHA regulations contained
in
29 CFR 1926.58.
(iv) Hands-on training in the use
of respiratory protection, other personal protection measures, and good work
practices.
(3) Local education agency
maintenance and custodial staff who have attended EPA-approved asbestos training
or received equivalent training for
O&M and periodic surveillance
activities involving asbestos shall be considered trained for the purposes of
this section.
(b) Periodic surveillance. (1) At
least once every 6 months after a management plan is in effect, each local
education agency shall conduct periodic surveillance in each building that it
leases, owns, or otherwise uses as a school building that contains ACBM or is
assumed to contain ACBM.
(2) Each person performing periodic
surveillance shall:
(i) Visually inspect all areas that
are identified in the management plan as
ACBM or assumed ACBM.
(ii) Record the date of the
surveillance, his or her name, and any changes in the condition of the
materials.
(iii) Submit to the person
designated to carry out general local education agency responsibilities under
§763.84 a copy of such record for inclusion in the management plan.
[52 FR 41846, Oct. 30, 1987, as
amended at 60
FR 34465, July 3, 1995; 65 FR
69216, Nov. 15,
2000]
§763.93 Management plans.
(a)(1) On or before October 12,
1988, each local education agency shall develop an asbestos management plan for
each school, including all buildings that they lease, own, or otherwise use as
school buildings, and submit the plan to an Agency designated by the
Governor of the State in which the
local education agency is located. The plan may be submitted in stages that
cover a portion of the school buildings under the authority of the local
education agency.
(2) If a building to be used as
part of a school is leased or otherwise acquired after October 12, 1988, the
local education agency shall include the new building in the management plan for
the school prior to its use as a school building. The revised portions of the
management plan shall be submitted to the Agency designated by the Governor.
(3) If a local education agency
begins to use a building as a school after October 12, 1988, the local education
agency shall submit a management plan for the school to the Agency designated by
the Governor prior to its use as a school.
(b) On or before October 17, 1987,
the
Governor of each State shall notify
local education agencies in the State
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40 CFR Ch. I (7–1–03 Edition)
§ 763.93
regarding where to submit their
management plans. States may establish administrative procedures for reviewing
management plans. If the Governor does not disapprove a management plan within
90 days after receipt of the plan, the local education agency shall implement
the plan.
(c) Each local education agency
must begin implementation of its management plan on or before July 9, 1989, and
complete implementation in a timely fashion.
(d) Each local education agency
shall maintain and update its management plan to keep it current with ongoing
operations and maintenance, periodic surveillance, inspection, reinspection, and
response action activities. All provisions required to be included in the
management plan under this section shall be retained as part of the management
plan, as well as any information that has been revised to bring the plan
up-to-date.
(e) The management plan shall be
developed by an accredited management planner and shall include:
(1) A list of the name and address
of each school building and whether the school building contains friable ACBM,
nonfriable ACBM, and friable and nonfriable suspected ACBM assumed to be
ACM.
(2) For each inspection conducted
before the December 14, 1987:
(i) The date of the inspection.
(ii) A blueprint, diagram, or
written description of each school building that identifies clearly each
location and approximate square or linear footage of any homogeneous or sampling
area where material was sampled for ACM, and, if possible, the exact locations
where bulk samples were collected, and the dates of collection.
(iii) A copy of the analyses of any
bulk samples, dates of analyses, and a copy of any other laboratory reports
pertaining to the analyses.
(iv) A description of any response
actions or preventive measures taken to reduce asbestos exposure, including if
possible, the names and addresses of all contractors involved, start and
completion dates of the work, and results of any air samples analyzed during and
upon completion of the work.
(v) A description of assessments,
required to be made under §763.88, of material that was identified before
December 14, 1987, as friable ACBM or friable suspected ACBM assumed to be
ACM, and the name and signature,
State of accreditation, and if
applicable, accreditation number of each accredited person making the
assessments.
(3) For each inspection and
reinspection conducted under §763.85:
(i) The date of the inspection or
reinspection and the name and signature,
State of accreditation and, if
applicable, the accreditation number of each accredited inspector performing the
inspection or reinspection.
(ii) A blueprint, diagram, or
written description of each school building that identifies clearly each
location and approximate square or linear footage of homogeneous areas where
material was sampled for ACM, the exact location where each bulk sample was
collected, date of collection, homogeneous areas where friable suspected ACBM is
assumed to be ACM, and where nonfriable suspected ACBM is assumed to be ACM.
(iii) A description of the manner
used to determine sampling locations, and the name and signature of each
accredited inspector collecting samples, the
State of accreditation, and if
applicable, his or her accreditation number.
(iv) A copy of the analyses of any
bulk samples collected and analyzed, the name and address of any laboratory that
analyzed bulk samples, a statement that the laboratory meets the applicable
requirements of §763.87(a) the date of analysis, and the name and signature of
the person performing the analysis.
(v) A description of assessments,
required to be made under §763.88, of all
ACBM and suspected ACBM assumed to
be ACM, and the name, signature,
State of accreditation, and if
applicable, accreditation number of each accredited person making the
assessments.
(4) The name, address, and
telephone number of the person designated under
§763.84 to ensure that the duties
of the local education agency are carried out, and the course name, and dates
and hours of training taken by that person to carry out the duties.
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(5) The recommendations made to the
local education agency regarding response actions, under §763.88(d), the name,
signature, State of accreditation of each person making the recommendations, and
if applicable, his or her accreditation number.
(6) A detailed description of
preventive measures and response actions to be taken, including methods to be
used, for any friable ACBM, the locations where such measures and action will be
taken, reasons for selecting the response action or preventive measure, and a
schedule for beginning and completing each preventive measure and response
action.
(7) With respect to the person or
persons who inspected for ACBM and who will design or carry out response
actions, except for operations and maintenance, with respect to the ACBM, one of
the following statements:
(i) If the State has adopted a
contractor accreditation program under section 206(b) of Title II of the Act, a
statement that the person(s) is accredited under such plan.
(ii) A statement that the local
education agency used (or will use) persons who have been accredited by another
State which has adopted a
contractor accreditation plan under section 206(b) of Title II of the Act or is
accredited by an EPA-approved course under section
206(c) of Title II of the Act.
(8) A detailed description in the
form of a blueprint, diagram, or in writing of any ACBM or suspected ACBM
assumed to be ACM which remains in the school once response actions are
undertaken pursuant to §763.90. This description shall be updated as response
actions are completed.
(9) A plan for reinspection under
§763.85, a plan for operations and
maintenance activities under §763.91, and a plan for periodic surveillance under
§763.92, a description of the
recommendation made by the management planner regarding additional cleaning
under §763.91(c)(2) as part of an operations and maintenance program, and the
response of the local education agency to that recommendation.
(10) A description of steps taken
to inform workers and building occupants, or their legal guardians, about
inspections, reinspections, response actions, and post-response action
activities, including periodic reinspection and surveillance activities that are
planned or in progress.
(11) An evaluation of the resources
needed to complete response actions successfully and carry out reinspection,
operations and maintenance activities, periodic surveillance and training.
(12) With respect to each
consultant who contributed to the management plan, the name of the consultant
and one of the following statements:
(i) If the State has adopted a
contractor accreditation plan under section 206(b) of Title II of the Act, a
statement that the consultant is accredited under such plan.
(ii) A statement that the
contractor is accredited by another State which has adopted a contractor
accreditation plan under section 206(b) of Title II of the Act, or is accredited
by an EPA-approved course developed under section
206(c) of Title II of the Act.
(f) A local education agency may
require each management plan to contain a statement signed by an accredited
management plan developer that such person has prepared or assisted in the
preparation of such plan or has reviewed such plan, and that such plan is in
compliance with this subpart E.
Such statement may not be signed by
a person who, in addition to preparing or assisting in preparing the management
plan, also implements (or will implement) the management plan.
(g)(1) Upon submission of a
management plan to the Governor for review, a local education agency shall keep
a copy of the plan in its administrative office. The management plans shall be
available, without cost or restriction, for inspection by representatives of
EPA and the State, the public,
including teachers, other school personnel and their representatives, and
parents.
The local education agency may
charge a reasonable cost to make copies of management plans.
(2) Each local education agency
shall maintain in its administrative office a complete, updated copy of a
management plan for each school under its administrative control or direction.
The management plans shall be available,