TN930
.A823
1988
OOOR88103
          ASBESTOS-IN-SCHOOLS: A GUIDE TO
           NEW FEDERAL REQUIREMENTS FOR
              LOCAL EDUCATION AGENCIES
                     Office of Toxic Substances
                 Office of Pesticides and Toxic Substances
                  US. Environmental Protection Agency
                      Washington, D.C. 20460
                         February 1988

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                               TABLE OF CONTENTS


                                                                         Page

Introduction	      i

CHAPTER 1 -  MAJOR ELEMENTS OF THE NEW RULE	      1

CHAPTER 2 -  APPOINT A DESIGNATED PERSON	      3

CHAPTER 3 -  USE ACCREDITED PERSONS	      5

CHAPTER 4 -  CONDUCT INITIAL INSPECTIONS	      7

CHAPTER 5 -  DEVELOP A MANAGEMENT PLAN	      13

CHAPTER 6 -  IMPLEMENT APPROPRIATE RESPONSE ACTIONS	      19

CHAPTER 7 -  CONDUCT PERIODIC SURVEILLANCE AND REINSPECTIONS	      23

CHAPTER 8 -  ASSURE PROPER TRAINING AND AWARENESS	      24

CHAPTER 9 -  MAINTAIN RECORDS	      26

CHAPTER 10 - COMPLY WITH THE NEW RULE	      29


APPENDIX A - EPA-Funded Training Programs	      31

APPENDIX B - Regional Asbestos Coordinators	      32

APPENDIX C - AHERA State Designated Contacts	      33

APPENDIX D - Sample Form	      41
                                      U.S. Environmental Protection Agency
                                      Region 5, Library (5PL-16)
                                      2TO S. Dearborn St'-eet,  Room 1670
                                      Chicago, IL   60604

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                                  INTRODUCTION

INTRODUCTION TO AHERA

     On October 22, 1986, President  Reagan  signed into law the Asbestos Hazard
Emergency Response  Act  (AHERA,  Public  Law 99-519).   The law required  EPA to
develop  regulations which  provide  a comprehensive  framework for  addressing
asbestos problems  in public  and private elementary and  secondary schools.   On
October  30,  1987,   EPA  published the Asbestos-Containing Materials  in Schools
Rule  [40 CFR  Part 763  Subpart E] .    This New Rule  requires  all  public  and
private elementary and secondary schools to inspect for friable and non-friable
asbestos, develop  asbestos  management plans  that address asbestos  hazards in
school  buildings,  and  implement  response   actions  in  a  timely  fashion.
References  to  the  New  Rule  are  provided  throughout  this  Guide  in  brackets
(e.g.,  [Section 763.85]  and  always refer to  a  section of Title  40 of  the Code
of Federal Regulations  (40 CFR)).

     To  carry  out the  above  activities,   involving  inspections,  management
plans, and response actions,  schools must use accredited persons.  On April 30,
1987, EPA published the Model Accreditation Plan  [40 CFR Part 763 Appendix C to
Subpart E] required by  AHERA,  which  specifies training,  examination, and other
requirements for persons who  inspect, develop management  plans,  and design or
conduct response actions in  schools.  The  Model  Plan became effective on June
1, 1987.

PURPOSE OF THIS GUIDE

     This Guide provides practical information to help Local Education Agencies
(LEAs)  meet  the   requirements  of the  new  Asbestos-Containing  Materials in
Schools Rule.  In 1982, EPA published an asbestos-in-schools rule  that required
the  identification of  friable  asbestos-containing materials in  schools.   The
1982 Asbestos-in-Schools rule also included notification requirements.

     The new 1987  Asbestos-Containing Materials in Schools rule, written under
the authority of AHERA,  took effect on December 14, 1987.  Compared  to the  1982
rule, the New  Rule's  requirements are much more  comprehensive in scope.   LEAs
that met the requirements of  EPA's 1982  rule will have to accomplish a variety
of new tasks mandated by Congress  to comply with  EPA's 1987 Asbestos-Containing
Materials in  Schools  rule.    This Guide  will assist  LEAs  in meeting these new
requirements.  Most chapters  include checklists that are designed to help  LEAs
comply with the New Rule.

KEY DATES AND PROVISIONS

     LEAs should be aware of the dates when key provisions in the  New Rule  take
effect.  The New Rule has three key dates:

     •    As of December 14, 1987, LEAs mist:

               Use  accredited  personnel  to design and carry out
               response   actions  other  than   operations  and
               maintenance,

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       a
       a
       a
       a
       a
       a
Have  custodial  and  maintenance   staff  members
receive training  prior  to conducting  activities
that may disturb asbestos,

Post warning labels  in  routine  maintenance  areas
where asbestos  was previously identified,

Abide   by   the   operations   and   maintenance
requirements whenever these activities need  to  be
performed,

Comply   with   response  action   clearance
requirements of the New Rule,

Transport  and  dispose  of  asbestos  waste   as
required by the New Rule,  and

Maintain  the   records   necessary   to  verify
compliance with each of the above  requirements.
          By October 12,  1988,  LEAs nust:
        a
        a
Complete  an  initial  inspection  to  locate  all
asbestos-containing  building  materials  (ACBM),
and

Develop  and  submit  to  the  State  an  asbestos
management plan that  includes  the  results  of the
inspection.
          No later than July 9,  1989,  LEAs nust:

               Begin to implement their management plan.
     Each LEA must  also select and train  an LEA Designated Person as  soon  as
possible.  This person is responsible  for ensuring that a variety of activities
-- including the initial inspection, operations and maintenance activities, and
other response  actions  --  are properly conducted.   If an LEA has not  done  so
already, designating  and training such a  person  is the first step to  take  to
comply with the New Rule.
                                       ii

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                   CHAPTER 1 -  MAJOR ELEMENTS OF THE NEW RULE
     The New  Rule includes  a variety of  requirements  that an LEA  must meet.
This Guide will  assist LEAs in understanding  the  New Rule; each LEA, however,
must closely review the regulatory language in the New Rule to fully understand
its requirements.

     Throughout this Guide, the term LEA is used to refer to the administrative
body  that  directs  any public  or private  non-profit elementary  or secondary
school.   For example,  an LEA  would  include  an  entire city  or  county public
school system consisting  of multiple  elementary and secondary schools,  as well
as  one  private,  non-profit  elementary school  (e.g.,  a private  school admin-
istered by a religious group).  The New Rule applies to all LEAs, regardless of
size.   The  definition of LEA  in the  New Rule  should  be  consulted  if any
uncertainty exists about a school's status  [Section 763.83].

     This chapter provides LEAs with an overview  of  the major requirements of
the New Rule.   Exhibit 1-1 summarizes the key areas  that LEAs must understand
in  order to  meet  the New Rule's  requirements.   The  chapters that follow
describe in greater detail the New Rule's major requirements and the steps LEAs
must take to  comply.   Sections of the New Rule  are  referenced throughout the
Guide to assist LEAs.

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                        EXHIBIT 1-1

                MAJOR REQUIREMENTS FOR LEAs
APPOINT A DESIGNATED PERSON	   Chapter 2
LEAs  must  appoint  a  designated  person and  ensure  that
he/she is  adequately trained.

USE ACCREDITED PERSONS	   Chapter 3
LEAs  must  use  properly  accredited  persons   to  conduct
initial  inspections,  develop management plans,  design and
carry out response actions, and conduct reinspections.

CONDUCT INITIAL INSPECTIONS	   Chapter 4
LEAs   must   use   an  accredited   inspector  to   conduct
inspections and must keep records of all activities.

DEVELOP A MANAGEMENT PLAN	   Chapter 5
LEAs must use  an accredited management  planner  to develop
the  management  plan, submit the  plan to  the  appropriate
State  agency,  and  maintain  an updated  copy of  the plan.
These plans must be made available to the public.

IMPLEMENT APPROPRIATE RESPONSE ACTIONS	   Chapter 6
LEAs must use an accredited management planner to recommend
response actions,  and must  select  an  accredited person to
design and conduct these response actions.

CONDUCT PERIODIC SURVEILLANCE AND REINSPECTION	   Chapter 7
LEAs must conduct  periodic surveillance, use an accredited
inspector to conduct reinspections, and keep records of all
activities.

ASSURE PROPER TRAINING AND AWARENESS	   Chapter 8
LEAs  must provide  necessary  training to  maintenance and
custodial   staff,   provide   short-term  workers  with
information  about  the location  of any asbestos-containing
building material, and post necessary warning labels.

MAINTAIN RECORDS	  Chapter 9
LEAs must update the management plan as appropriate, retain
an updated version  of the  plan,  make all records available
upon   request,   and   notify   affected  parties   of  the
availability of the plan.

COMPLY WITH THE NEW RULE	  Chapter 10
LEAs  must follow  the requirements  according to  the time
schedule set forth in the New Rule.

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                    CHAPTER 2 - APPOINT A DESIGNATED PERSON
APPOINTING THE LEA'S DESIGNATED PERSON

     Each LEA must have a  designated  person  who is trained to oversee asbestos
activities  and  ensure  compliance with  the  New  Rule.    The LEA's  Designated
Person must be appointed as  soon  as possible to oversee the initial inspection
and  management   plan  development,   implementation  of   any   operations   and
maintenance  activities  (including   training   of  custodial  and  maintenance
personnel), preventive  measures,  posting of warning labels, and  any response
actions that may be necessary.

     The  LEA's  Designated Person does not  have  to  be an  LEA employee.    An
outside consultant is acceptable.  In addition,  two or  more LEAs may choose to
have the same individual serve as the Designated Person for each LEA.

TRAINING OF THE LEA'S DESIGNATED PERSON

     It  is  important for  each LEA  to make sure  that its Designated  Person
receives  the  training  needed to  oversee the  completion  of  all  the  actions
required under'the New Rule.   This training must provide basic knowledge of: 1)
health  effects   of   asbestos exposure;   2)  detection,   identification,   and
assessment  of ACBM;   3) options  for  controlling  ACBM;  4)  asbestos management
programs; and  5)  relevant Federal  and State regulations  [Section 763.84(g)].
Eight EPA-funded university training programs provide appropriate training (see
Appendix  A).   The LEA's  Designated Person  can receive this type  of training
from one  of the  EPA  centers,  or any  other  training provider,   as  long  as the
course covers the required subjects.

DUTIES OF THE LEA'S DESIGNATED PERSON

     Among other tasks,  the LEA's Designated Person is responsible for ensuring
that the  LEA follows the  correct procedures  for  inspection,  management  plan
development  and  submission,   implementation   of   response   actions,   and
recordkeeping.   In addition, he  or  she  will provide a single  contact for the
public to obtain information about asbestos-related activities in the LEA.   The
Rule requires the LEA's Designated Person to ensure that the following actions
are performed properly:

          •    Inspections,  reinspections,  and  periodic  sur-           I   I
               veillance are conducted (see Chapters 4 and 7);             L«J

          •    Management  plans  are  developed,   submitted  to  the      I	I
               State, and updated (see Chapter 5);

          •    Workers  and   building  occupants,   or   their   legal      II
               guardians,  are informed at least once each  school year
               about inspections, response actions, and post-response
               activities (see Chapters 5);

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Response  actions  are  developed and  implemented  (in-      I   I
eluding operations and maintenance) (see Chapter 6);         "•«•

Custodial and  maintenance employees  are  trained  (see      I   I
Chapter 8);                                                  ^""^

Short-term  workers   (e.g.,  telephone repair  workers,      I	I
utility  workers,  or  exterminators)   who  may come  in      ^"^
contact   with   asbestos   in   a   school  are   given
information  regarding  the  locations  of  ACBM  (see
Chapter 8);

Warning labels are posted as needed (see Chapter 8);         II

The potential  for conflict  of interest  that may arise         I
between accredited personnel to be hired by the school      *"•
is considered by the LEA (see Chapter 3); and

Management  plans  are  available  for inspection,  and      	I
proper  notification of  management plan  availability      ^"^
has been provided (see Chapter 9).

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                      CHAPTER 3 - USE ACCREDITED PERSONS
     Persons who are  to  conduct  certain asbestos-related work in  schools  must
be accredited.  On  April 30,  1987, EPA published  its Model  Accreditation  Plan
[40  CFR  Part  763   Appendix   C   to  Subpart  E],   which  specifies   training,
examination and other requirements for persons  requiring accreditation.   The
Model  Plan also  includes  provisions  for  "grandfathering"  persons  who  have
received suitable  training since  January 1,  1985.

     Persons  can  be  accredited  by   States,   which  are required   to adopt
contractor accreditation plans that are at  least as  stringent  as  the  EPA Model
Accreditation  Plan,   or  by  completing  an  EPA-approved  training course   and
passing  an examination  for  this  course,   LEAs  should check  with  their  EPA
Regional Asbestos  Coordinator  (RAC) (see Appendix B)  to determine  whether their
State has  an approved State  contractor' accreditation  program that  meets  the
requirements  of  the  Model  Plan.    States  have  the  authority  to  develop
accreditation programs that are  more  stringent than the EPA Model Plan; thus,
an LEA  should check with either  the  State  AHERA designee (see Appendix C)  or
the  Regional  Asbestos Coordinator  to determine  if there are any  additional
State requirements.

     LEAs  should  realize  that  accreditation  alone  does  not  guarantee  the
quality  of performance.   When  selecting  an  accredited  person,  LEAs  should
closely examine the  qualifications and experience of that person.   In addition,
before hiring a person to  perform a task requiring  accreditation, LEAs should
check  with  the   EPA-approved State  program  or  training  course  to  verify
accreditation credentials.

     The following activities  require  the use of accredited persons:

          •    Initial Inspections  (inspectors conduct initial
               inspections to  identify and assess ACBM),

          •    Management Plan Development  (management planners
               use the data gathered  by inspectors to determine
               the   ACBM's   hazard,   select  the   appropriate
               response  actions,  and  develop  a  schedule  for
               implementing response actions),

          •    Response   Action   Design,   Supervision,   and
               Implementation   (abatement  project   designers
               determine how  the  asbestos  abatement work should
               be  conducted, and asbestos abatement contractors,
               supervisors,  and workers carry  out  the abatement
               work), and

          •    Reinspections  (inspectors  conduct  reinspection
               and reassess ACBM).

     The  LEA  may   either  hire   an   accredited  consultant  to   perform  the
inspections and prepare  management plans  or have  a suitable  school employee
complete  an  appropriate  EPA-approved  training  course.    It  may  be  more
economical  for  a  small  school system  with few buildings  to  hire  an outside

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inspector and  management planner.   Large LEAs, however, may  find that it  is
more cost-effective  to  have a qualified  staff member become accredited as  an
inspector and management planner  and have this person perform  inspections  and
develop management  plans for all buildings.    LEAs  should carefully  consider
which option is  best for their  situation.  Regional  Asbestos  Coordinators  may
be contacted to  obtain  a current list of EPA-approved training courses  in  the
area  (see  Appendix  B).    EPA plans  to update  this  list  periodically.    The
training course  organizers  should be  able  to  provide  interested LEAs with  a
list of those who are accredited.

     Additionally,  LEAs  must  have   accredited  personnel   furnish  proof   of
accreditation.   Proof could include a license  from a State with an EPA-approved
accreditation  program,  or  a  training  course certificate  that  indicates  the
person  successfully  completed   an   EPA-approved   course  by  passing   the
examination.   It is very inportant that  LEAs keep a copy of all licenses  and
certificates which denonstrate that  the person selected  to perform any  of  the
above tasks is accredited.

     The following activities  do not require accredited persons:

          •    Periodic Surveillance [Section 763.92(b)],

          •    Operations   and   Maintenance   (although  custodial
               employees need training relative  to their  duties as
               specified in the  New Rule)  [Section 763.92(a)],  and

          •    Designated  Person  Activities   (although   this  person
               must  receive  specific  training  --   see  Chapter  2)-
               [Section 763.84(g)].

CONSIDERATION OF CONFLICT OF INTEREST

     LEAs  must  consider  the potential  for conflicts  of  interest  between
accredited  inspectors,  management planners,  and persons  who design or conduct
abatement actions for  them.   However, the resolution of  such  issues is  at  the
discretion of the LEA.

     EPA recommends  that LEAs consider requesting  a  full financial disclosure
from all accredited  professionals they  plan  to hire.   It may be more efficient
for  LEAs  to  use the  same firm  to  conduct  the  inspections  and  develop  the
management  plans  in  order  to   maintain continuity in  the  process.    EPA
anticipates that many LEAs will find this alternative cost effective.  However,
LEAs may not want to employ  one  firm to both develop the  management plan and
conduct response actions,  because in that  situation the management planner's
recommendations  about response  actions  could be  influenced by  the potential
profitability of the recommendations.

     The only  conflict  of  interest  explicitly  not permitted  by the New Rule
involves  the  relationship between  an  accredited  abatement   contractor  and
individuals  selected to conduct  certain  air  sampling operations for clearance
purposes.   If  the abatement contractor and  the  person conducting air sampling
operations  were  from  the  same  firm,   the   air  monitoring  results  could be
falsified  to indicate  a building is safe  for  re-occupancy and the abatement
contractor's work is complete.

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                    CHAPTER 4 - CONDUCT INITIAL INSPECTIONS
     To determine  if ACBM  is  present in  school  buildings,  each LEA  must  use
accredited  inspectors  to  conduct inspections of  all  school  buildings,  whether
owned or leased, for all  friable  and non-friable  ACBM [Section 763.85(a)].   If
friable ACBM  or thermal  system insulation ACBM  with potential for damage  is
present,  its  condition must be  assessed by  the  accredited  inspector.    The
appropriate response action for each category is discussed in Chapter 6.

WHAT BUILDINGS ARE SUBJECT TO THE RULE?

     Any  school building  owned  or  leased by  the  LEA must  have an  initial
inspection conducted and a management plan developed and submitted to the State
by October  12,  1988.   LEAs  should schedule their  inspections early in order to
be able to complete the  management  plan and submit  the plan to  the  State  by
this date.

     LEAs  should consult  the definition  of "school  building" in Section 763.83
of the  New Rule for a more  precise  definition.   In  general,  the  term "school
building"   includes  structures  suitable  for use  as  classrooms,  laboratories,
libraries,  school  eating  and  kitchen   facilities,   gymnasiums,  and  student
dormitories.   The  term  also  includes  administrative offices, and  essential
maintenance, storage, and utility facilities.

     If a  building  is  acquired  or  leased on  or  after October 12,  1988,  an
initial inspection  must  be conducted  before  the  building is  used  as  a school
building.    In the  event  that  emergency use of  an uninspected building  as a
school  building  is necessary,  the  LEA  must  conduct  an  inspection of  the
building within 30 days after first using the building [Section 763.85(a)(2)].

IDENTIFICATION OF AN ACCREDITED INSPECTOR

     Each inspector must be accredited.  This means that the individual must be
trained and certified  through  an  EPA-approved  training  course  or  an  EPA-
approved State accreditation program.

PROCEDURES FOR THE INITIAL INSPECTION

     The purpose  of an initial inspection is  to locate all  friable  and non-
friable ACBM in school buildings.   Suspected ACBM  includes  surfacing material
on ceilings used for  insulation,  acoustical,  or decorative purposes; thermal
system  insulation  on pipes  and boilers;  and  miscellaneous materials  such as
floor and  ceiling  tiles.   Asbestos-containing material  (ACM)  is material that
has been tested by  an  accredited laboratory and found to contain more than one
percent asbestos.  For the purpose of compliance,  any  suspected material may be
assumed to be ACBM.  If the material is  assumed to be  ACBM, however, it must be
treated as ACBM for all purposes.

     Exhibit 4-1 presents  the  LEA's  major  steps   for  completing  an initial
inspection.   Exhibit  4-2  summarizes  the  activities performed  by accredited
inspectors as part of an inspection.

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                        EXHIBIT 4-1

  THE LEA'S MAJOR STEPS TO COMPLETE AN INITIAL INSPECTION
Select an accredited inspector,                                 I   I

Have the accredited inspector conduct an initial inspection    I   I
of all areas of each school building,                          L^J

Record and keep information  about  the  location of any ACBM    I   I
or assumed ACBM found by  the accredited inspector (the LEA    ^""
may  keep information  in  a  written description  or  in  a
drawing on a building plan or diagram), and

Include inspection information  in  the management plan (the       |
LEA's Designated Person must oversee this assignment).         ^""

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                                  EXHIBIT 4-2

                 ACTIVITIES PERFORMED BY ACCREDITED INSPECTORS
           DURING INSPECTION FOR ASBESTOS-CONTAINING BUILDING MATERIAL
INSPECTION FOR ACBM

     •    Inspect school buildings for the presence of any ACBM.             	I

     •    Determine if suspected ACBM is friable,                           	I

     •    Identify all homogeneous areas for purposes of sampling.              |
SAMPLING OF BULK MATERIALS
          Collect samples in each homogeneous area identified as suspected  	I
          ACBM, unless the suspected material is assumed to be ACBM.        ^"^

          Submit samples to an accredited laboratory for analysis.             I

          Although not  required,  it  is  advisable  to  send a  portion  of     I
          samples to  a  second lab as a  quality assurance/quality control  ^""^
          check.
ASSESSMENT
          Evaluate all information to assess the physical condition of all  	I
          friable ACBM  and thermal system  insulation  ACBM with potential
          for damage.

          Classify  all  friable ACBM  and  thermal  system  insulation ACBM  II
          with  potential   for  damage  into   categories   of  damage  as  ^™"
          prescribed in the New Rule.
DOCUMENTATION
          Document each step  taken (a sample  inspection  form is found in  I   I
          Appendix D.   However, any  other  appropriate documentation form  ^""
          created by the LEA and/or accredited inspector is acceptable).

          Describe or map the locations of all confirmed or assumed ACBM.   I   I

          Submit documentation to the LEA's Designated Person.                 I

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     Under certain conditions,,  it  may not be necessary  to  conduct all or part
of  the  initial  inspection.  An explanation of what areas  of school buildings
may be excluded is provided later in this chapter.

     The sample  inspection form in Appendix  D  is intended to  provide general
guidance  regarding   the  content  and   format  of  inspection   records  and
reinspection records.   The  format and length  of inspection forms  are  at the
discretion of the LEA.   The  sample form in  Appendix  D is used  in one course
that trains inspectors.  All completed inspection forms must be  given to, and
maintained on  file by,  the  LEA Designated  Person,  and incorporated  into the
management plan.

     Each time ACBM  is  found,  the accredited inspector  must  determine whether
the ACBM is friable.  Friable  material may  be crumbled,  pulverized, or reduced
to  powder by  hand pressure.   Friable ACBM is  more hazardous than non-friable
ACBM because friable material can release airborne asbestos fibers more easily.
Determining friability  is  important because friable ACBM must  be assessed for
damage and included in an operations and maintenance program.

ASSESSMENT OF ACBM

     In order  to help  determine  appropriate response actions,  the accredited
inspector must  perform an  assessment by  classifying  all  friable  ACBM and
thermal system insulation ACBM  with potential for damage into categories  after
each inspection or reinspection [Section 763.88].  These categories are:

          •     Damaged  or  significantly  damaged  thermal system
               insulation ACBM;

          •     Damaged friable surfacing ACBM;

          •     Significantly damaged friable surfacing ACBM;

          •     Damaged  or  significantly  damaged friable miscel-
               laneous ACBM;

          •     ACBM with potential for damage;

          •     ACBM with potential for significant damage;  and

          •     Any remaining friable ACBM or friable assumed  ACBM.

     The inspector shall give reasons in the written assessment for  classifying
the material  into these categories.   To assess  a school building  completely,
the inspector  also must classify all friable  ACBM identified in  inspections
made  prior  to  the  inspection  required by  the  New Rule.    Records  of all
inspection results must be maintained for inclusion in the  management  plan.
                                      10

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REQUIREMENTS FOR SAMPLING AND ANALYSIS

     When an  accredited inspector identifies friable or  non-friable  suspected
ACBM during an inspection or reinspection,  the LEA has the option to sample the
material  or assume  the material  is  ACBM.    All  samples must  be taken by  an
accredited  inspector  [Section 763.86].   LEAs must use  accredited laboratories
to analyze  the  samples [Section 763.87] (for information on  laboratories  call
the appropriate EPA  Regional  Asbestos Coordinator listed in Appendix  B or the
Office of Toxic Substances Hotline listed in Appendix A).

EXCLUSIONS

     Under certain conditions, all or part of a school building may be excluded
from the  initial  inspection requirement.   LEAs should realize  that  exclusion
fron an initial inspection in no way  excludes them from the  requirement  to
submit  a management  plan.    Exclusions  are  based on  the  judgement of  an
accredited inspector who determines whether the results of previous inspections
and sampling were adequate  to  determine the presence or absence of asbestos in
specific areas of the school building [Section 763.99].

     The  accredited  inspector generally  is the key element in  the  exclusion
process.    In  some  instances,  however,  architects,  project engineers,  and
employees of a State's  lead agency responsible for asbestos inspection might be
involved in the exclusion process.

     It is very important to note that the accredited inspector must perform an
assessment  of  areas  that  are excluded from  an initial  inspection  if  they
contain  friable ACBM.   For example, areas of a  school that  previously  were
inspected and  identified  as containing  friable ACBM under  EPA's 1982 asbestos
inspection rule must be assessed by the  accredited inspector.  However, schools
may  save on  sampling  costs  if  the accredited  inspector  certifies  that  an
exclusion is appropriate.

     There are six ways in which an LEA may be excluded from all or part of the
requirement to conduct  an initial inspection  [Section 763.99]:

          •     LEAs  do  not need  to  have an initial inspection
               conducted  in specific areas  of a school where
               friable  ACBM  has   already  been   identified.
               However, the friable ACBM must be assessed.

          •     LEAs do not need to conduct an initial inspection
               if sampling records  show that  non-friable  ACBM
               was  identified.    However,   the inspector  must
               identify  ACBM  that has  become  friable.    This
               newly friable material must now be assessed.

          •     If previous  sampling of  a specific  area  of the
               school  indicated that no ACBM  was present,  and
               the sampling was done in substantial compliance
               with  the  New  Rule,  the  LEA does  not have  to
               perform  an initial inspection of that area.

                                      11

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          •    LEAs do  not have  to  inspect  specific  areas  of
               schools where records  indicate  that all ACBM was
               previously removed.

          •    LEAs can qualify for an inspection exclusion for
               schools built  after October  12,  1988  (the  date
               when management plans are  to be  submitted  to
               Governors),  if  no  ACBM was specified  for  use  in
               the school.

          •    States  that receive  a  waiver  from the inspection
               requirements of the New Rule can grant exclusions
               to  schools  that  have  performed inspections  in
               substantial  compliance  with   the  New Rule  and
               found that no ACBM is present.

     For  most  of  these  exclusions,  the  accredited inspector  must  review
sampling and inspection records before  he/she  can certify that a school can be
excluded from  an initial inspection.   If a representative of  an LEA believes
that  it  qualifies for  one  of  these  exclusions,  he/she  should consult  an
accredited  inspector   [Section  763.99].    Assistance on  exclusions  may  be
obtained from EPA Regional Asbestos Coordinators (see Appendix B).
                                      12

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                     CHAPTER 5 - DEVELOP A MANAGEMENT PLAN
IDENTIFICATION OF AN ACCREDITED MANAGEMENT PLANNER

     The management  planner  must be accredited.   The planner must  be trained
and accredited through  an EPA or State accreditation program  (see Chapter 3).
LEAs  may  chose   to   use  one  person  as  both  the  accredited  inspector  and
accredited management planner.

DEADLINES

     October 12,  1988    By  this  date  each  LEA  must  develop  an  asbestos
                         management plan  for  each school  building under  its
                         administrative control,  and submit  it  to  the  Agency
                         designated by  the State Governor  [Section 763.93(a)]
                         (see Appendix C).

     July 9, 1989        Implementation of  the  plan  must begin on or  before
                         this  date  and  be  completed  in  a  timely  fashion
                         [Section 763.93(c)].  Timely fashion is  based upon the
                         schedule • developed   by  the   accredited  management
                         planner and the LEA.

MAJOR COMPONENTS OF THE MANAGEMENT PLAN

     The following  is  a  comprehensive checklist  of the  major  elements  of a
management  plan.     For each  school  building,  LEAs  must use  an  accredited
management  planner   to  determine  the  specific  format  and  content  of  that
school's management  plan.   Individual management  plans  may  differ  from the
checklist shown below.   A checklist like  this one may be used  to help ensure
that the required information is included in the plan  [Sections  763.93(e) to
763.93(i)].

     1.   Background infomation on the school

          •    Name  and address of each school building                    II

          •    Whether  the building contains friable ACBM, non-            I|
               friable  ACBM,   and   friable   and   non-friable           1—J
               suspected ACBM assumed to be ACM

     2.   Information on the LEA Designated Person

          •    Name,   address,  and telephone  number of  the  LEA           I   I
               Desi annt-erf Persrm ('ceo (Thfl-nl-ev 9^                           ^"J
Designated Person (see Chapter 2)

The course  name and  date
the LEA Designated Person
               The course  name and  dates of  training taken by           I   I
                                      13

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3.   For all  inspections  and reinspections conducted after the
     effective date of the regulations,  i.e., December 14, 1987,
     the following  additional information must be included in
     the  management  plan  (for   any  inspections  that  were
     conducted before  December 14,  1987,  refer to  the  .end of
     this section):

     •   Background Data:

               Date of the inspection or reinspection                 I   I

               Name,  signature,   accrediting  agency,                I   I
               and  a  copy  of  the State  license  or                s«J
               training   course   certificate   that
               includes the  accreditation  number  of
               the accredited inspector  performing  the
               inspection  or reinspection

     •    Sampling:

               A   blueprint,   diagram,   or  written                I   I
               description  of  each  school  building                ^""
               clearly identifying  each location  and
               approximate square  or linear footage of
               any homogeneous area where material  was
               sampled for ACM

               The  exact  description of the location                I   I
               where each  bulk sample was collected                  LJ

               The dates of collection                               I	I

               The location of homogeneous  areas where                I   I
               friable suspected ACBM is assumed to be                ^•~
               ACM,  and   where non-friable  suspected
               ACBM is assumed to  be ACM

               A  description  of  the manner  used  to                   I
               determine sampling  locations                          ^™"

               The   name,   signature,   accrediting                I	I
               agency, and a copy  of the State  license
               or  training  course  certificate  that
               includes the  accreditation number  of
               each  accredited  inspector   collecting
               samples

     •    Analyses:

               A  copy of  the results of  any  bulk               I   I
               samples analyzed                                      ™"
                                 14

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               The name and address of any laboratory               I  I
               that analyzed bulk samples                            "—J

               An   official   statement   from   the                	I
               laboratory   that    it   meets   the               H^rf
               accreditation requirements

               Dates of any analyses                                 I  |

               The name  and  signature of  the person               I  |
               performing laboratory analyses                        ^""

     •    Assessments:

               A  description   of   assessments  (see               I  I
               Chapter  4)  of ACBM                                    LJ

               The  name  and   signature,  accrediting                  I
               agency,  and a copy of the State  license               ^""•"
               or  training  course  certificate  that
               includes  the  accreditation number  of
               each   accredited   person    making
               assessments

4.   Managenent Plan Development

     For each  accredited  management planner  used to review the
     results of  inspections,  reinspections,  and assessments in
     order  to   recommend  response   actions,   the  following
     information must be included in the plan:

     •    Name  and signature                                          |   j

     •    Accrediting  agency   and  a   copy   of  the  State           |   |
          license  or  training  course  certificate  that
          includes   the   accreditation  number   of   the
          management planner

5.   Response actions

     A  detailed  description   of   all  response  actions  and
     preventive measures to be  taken must  be  incorporated  in the
     management plan  (see Chapter 5),  and  should  include the
     following  information:

     •    Methods to be used for response  actions                    I	I

     •    The  locations  where response  actions  will  be           II
          taken                                                      WaJ

     •    Reasons  for   selecting  the  response  action  or           II
          preventive measure                                          *^J

                                15

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     •    A  schedule  for  beginning  and  completing  each           j   I
          preventive measure  and  response action                      '••I

     •    A  detailed   description   in  the   form  of  a           I   I
          blueprint, diagram,  or  in writing of  the  location           ^"™"
          of any ACBM or  suspected ACBM assumed to be ACM
          that remains in the school once  response actions
          are taken

     •    An  update  of   the   detailed   description  of           I   I
          remaining ACBM as response  actions are completed            ^™"

6.   Follow-up to response actions

     •    Plan for reinspection  (see  Chapter 7)                       J   |

     •    Plan for periodic surveillance (see Chapter  7)              jI

     •    Plan for operations and maintenance                         I   I

     •    Description  of   tne  recommendation   by  the           I   I
          management   planner   regarding   any  additional           •••»•
          cleaning required for  operations  and  maintenance,
          and   the   response   of   the  LEA  to   this
          recommendation

     •    Evaluation  of the  resources  needed  to  complete           jI
          response actions   and carry  out  reinspection,           *•"•
          operations  and  maintenance activities,   periodic
          surveillance,  and training

7.   Statements of accreditation

     Accreditation is  required  for all  persons  who  conduct  the
     inspection, develop the  management plan,  or  who will design or
     carry  out  response  actions with  respect to ACBM,  except  for
     operations and maintenance activities.   One of the following
     statements must be  included in the management  plan:

     1.    A statement  that the person(s) is(are) accredited           |    |
          under   an    EPA-approved   State   contractor
          accreditation  program  in the  State where the LEA
          is located  (if that State has adopted a program).

     2.    A  statement  that  the  LEA  used,  or  will  use,           I    I
          persons who  have been  accredited by another State           **•"
          that  has  adopted  a  contractor   accreditation
          program  or   is   accredited  by  an  EPA-approved
          course.   This applies  if the State  in which  the
          LEA  is   located  has  not  adopted its  own  EPA-
          approved accreditation program.

                                 16

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     8.    Notification

          The plan  must  include  a  description  of steps  taken  to
          inform  workers   and building  occupants,  or  their  legal
          guardians,   about the  inspections,  response  actions, and
          post-response   action  activities,   including  periodic
          surveillance and  reinspection  activities that are  planned
          or in progress.

     9.    Statement  of Assurance

          Statement   of  assurance,  signed by   the LEA Designated
          Person,  assuring that  all  school district responsibilities
          have been  or will be fulfilled.

Inspections conducted before December 14,  1987

     For all inspections conducted before  December 14,  1987, the effective
     date of the Rule, the  following information  regarding  the inspection
     must be included in the management plan [Section 763.93(e)]:

          Background Data:
a
          Sampling:
                    Date of the inspection
                    A  blueprint,   diagram,   or   written
                    description  of  each  school  building
                    clearly identifying  each location  and
                    approximate square or linear footage of
                    any homogeneous or sampling  area where
                    material was sampled  for ACM

                    The locations of bulk sample collection
                    and the dates of collection
          Analyses:
                    A copy of any  analysis  results  of bulk
                    samples,   including the  dates  of  the
                    analysis   and  a   copy   of  any  other
                    laboratory  reports pertaining  to  the
                    analysis
a
a
a
a
                                     17

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          Assessments:
                    A  description   of  assessments   (see               II
                    Chapter  4)   of   material   that   was               ™"
                    identified prior to December  14,  1987,
                    as friable  ACBM or  friable  suspected
                    ACBM  assumed  to  be  ACM.    This  de-
                    scription should include  the name  and
                    signature,   accrediting  agency,  and  a
                    copy of  the State  license  or  training
                    course  certificate that  includes  the
                    accreditation number  of  each accredited
                    person making the assessments
          Response Actions:

               •    A description  of any response  actions               I   I
                    or preventive measures  taken  to reduce               ^™
                    asbestos exposure,  including  the names
                    and   addresses   of  all   contractors
                    involved in  such actions  or  measures,
                    the start  and completion  dates  of the
                    contractors'  work and,  if possible, the
                    results  of  any  air  samples  analyzed
                    during or upon completion of the work

NOTIFICATION OF MANAGEMENT PLAN AVAILABILITY

     When submitting  a  management plan to  the Agency designated  by the State
Governor, and annually thereafter, the  LEA  shall  notify  in writing the parent,
teacher, and  employee organizations  of the availability of the plan.   In the
absence of such  organizations,  the LEA must give  annual written public notice
of the  availability  of  the plan to  the relevant  groups.  The LEA's management
plan shall include  a dated copy of  this notification and a description of the
steps taken to notify the appropriate groups [Section 763.93(g)].
                                      18

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               CHAPTER 6 -  IMPLEMENT APPROPRIATE RESPONSE ACTIONS
     With  the  guidance  of  the  management  planner,  the  LEA  must  select
appropriate  response  actions  consistent  with the  assessment,  and  implement
these actions  in  a timely manner.   It  is  important  for the LEAs to understand
that the  schedules which are  developed for response  actions, and included in
their management plans,  are  enforceable by EPA.   The presence of friable ACBM,
or thermal system  insulation ACBM with  potential  for damage, also requires the
initiation of an operations and maintenance (O&M) program.  The response action
selected must protect  human  health and  the environment, but the  LEA may choose
to  implement the  least  burdensome response  action  from  those  actions  that
protect human  health  and the  environment.  LEAs  may  always  choose  to remove
ACBM.   Guidelines  specified  in   the New  Rule  [Section 763.90]  for  choosing
appropriate response actions are outlined below.

     All  supervisors,  contractors,  and workers who conduct  response  actions
must be accredited.   For assistance in locating  accredited personnel,  contact
the nearest EPA Regional Asbestos  Coordinator (see Appendix B).

RESPONSE ACTIONS

     After  assessments  are  made  by an accredited  inspector,  the accredited
management planner will  provide  the LEA with written recommendations regarding
response actions.   The LEA must select  response actions and  implement them in a
timely  fashion [Section 763.90].   All response  actions,  including  removal,
encapsulation,   enclosure, or  repair (other  than small-scale,  short-duration
repairs)  must  be  designed  and conducted  by  persons  accredited  to design and
conduct response actions.  An  LEA may  draw upon its own personnel  to carry out
response  actions,  but  they  must  be individually accredited.   Below  are the
different  categories  of damage,   each with  its corresponding  framework of
response actions.

     •    Damaged or  significantly damaged thermal system insulation
          ACBM:

               Repair  the damaged area  and maintain all thermal
               system  insulation  ACBM  and  its covering  in an
               intact  state and undamaged condition;

               Remove  the   damaged  material  if   it  is  not
               feasible, due to technological factors,  to repair
               the damage.

     •    Damaged   friable   surfacing   ACBM   or   damaged   friable
          miscellaneous ACBM:

               Encapsulate   the   ACBM   (with  a  material   that
               surrounds  or  embeds the asbestos  fibers  in  an
               adhesive   matrix    to  prevent   the   release   of
               fibers);
                                      19

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               Enclose the ACBM  (with an  airtight,  impermeable,
               and permanent barrier  to  prevent the release of
               asbestos fibers  into the air);

               Remove the ACBM;

               Repair the ACBM  to  an undamaged condition or to
               an intact state  so as to prevent fiber release.

          Significantly  damaged  friable   surfacing  or  miscellaneous
          ACBM:

               Immediately  isolate  the   functional space  and
               restrict  access,   unless  isolation   is  not
               necessary  to  protect human  health   and  the
               environment;

               Remove the material  in the functional  space or,
               depending on whether enclosure or  encapsulation
               would be  sufficient  to protect human health and
               the  environment,  enclose  or   encapsulate  the
               material.

          Any friable surfacing ACBM,  thermal  system insulation ACBM,
          or  friable  miscellaneous  ACBM  that  has   potential   for
               re:

               Implement an operations and maintenance  program.

     •    Any friable surfacing ACBM,  thermal  system insulation ACBM,
          or  friable  miscellaneous  ACBM  that  has   potential   for
          significant damage:

               Implement an operations and maintenance  program;

               Implement  preventive  measures  appropriate   to
               eliminate the reasonable likelihood that the ACBM
               or   its   covering   will   become   significantly
               damaged, deteriorated,  or  delaminated;

               Remove  the  material  as   soon  as  possible  if
               appropriate  preventive   measures  cannot   be
               implemented effectively,  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.

     At the conclusion of any action to remove, encapsulate, or enclose ACBM, a
person designated by the LEA shall  visually inspect each functional space where

                                      20

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such  actions were  conducted  to  determine  whether the  action was  completed
properly.   In addition,  the LEA must  select a  qualified person to collect air
samples  to  monitor  air for  residual  asbestos levels.   The requirements for air
sampling, including mandatory analysis methods,  are explained in Section 763.90
of  the  New Rule.  A  list  of laboratories which are certified  to  conduct this
testing  can be  obtained from  the  EPA Regional  Asbestos Coordinators.   (Air
sampling  is not  required for response actions  that are  of small-scale, short-
duration.)   Because  the LEA Designated  Person is familiar with  the asbestos
control program, it would be reasonable for this person to oversee these tasks.

     Under  the New  Rule, LEAs  are responsible for ensuring that asbestos waste
materials are transported and disposed of properly after response actions.  The
transport and disposal of asbestos waste  must meet the requirements in the EPA
publication "Asbestos Waste Management Guidance."  Appendix D  of  the New Rule
covers the  necessary requirements,  as they had originally been described in the
Guidance publication.  The Appendix requires schools to comply with the current
EPA and Department of Transportation regulations in this area.

     EPA is  in the process of revising the requirements governing the transport
and disposal of  ACBM from schools.   EPA  expects  to propose new regulations in
March 1988  and issue final regulations during fall  1988.   When finalized, these
regulations will replace Appendix'D,  discussed above.

     It  is  important to reiterate  that  several  key  items under  the New Rule
that relate to  response actions are enforceable  immediately.   As of December
14, 1987, the following stipulations apply:

          •    Accredited persons  must  be  used   to design and
               conduct response actions.

          •    Successful completion of response actions must be
               verified by air monitoring  [Section 763.90].

          •    Transportation  and  disposal  of  ACBM must  be in
               accordance with the requirements of Appendix D of
               the New Rule.

OPERATIONS AMD MAINTENANCE  (06M)

     Whenever  any friable  ACBM or  thermal  system insulation ACBM  with the
potential for damage  is  present in  a  school building,  it is necessary for the
LEA to  initiate  O&M  activities  [Section  763.91].  Any  material identified as
non-friable ACBM must be treated as friable ACBM for the purposes of  operations
and maintenance  when the material  is  about  to become friable  as  a result of
activities performed in the school building  (for example, non-friable ACBM  that
is  drilled or  otherwise disturbed  by remodeling, maintenance, or  any other
activities  that would cause the release of fibers).

Initial Gleaning

     Unless  the  school  building  has  been  cleaned  using  equivalent methods
within the  last  six months,  all areas  of a school  building where  friable ACBM,

                                      21

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damaged  or  significantly damaged  thermal system  insulation  ACBM,  or  friable
assumed ACBM are present shall be cleaned at least once after  the  completion of
the initial inspection and before  the  initiation  of  any response  action,  other
than O&M activities and repair [Section 763.91(c)  for specific procedures].

O&M Activities

     Whenever  an O&M  activity disturbs  friable  ACBM,  the  LEA  must  protect
building occupants by enforcing the following procedures [Section  763.91]:

          •    Restrict  entry  into the  area by  persons other than
               those necessary to perform the O&M  action.

          •    Post  signs   to  prevent  entry  into   the  area  by         I
               unauthorized persons.                                       ^""

          •    Shut off or temporarily modify the  air-handling system         |
               and restrict other sources of air movement.                 ^™

          •    Use work  practices  or  other  controls  to inhibit  the         I
               spread of any released fibers.                             ^™"

          •    Clean  all   fixtures   or  other   components   in  the      I   I
               immediate work area.                                       ^™"

          •    Seal the  asbestos debris  and other cleaning materials      I   I
               in a leak-tight container and dispose of properly.          ^™

Fiber Release Episodes

     O&M  activities  resulting from  minor  fiber releases  from  friable  ACBM
(falling or  dislodging  of 3  square  or linear  feet)  require  specific cleaning
and maintenance procedures [Section 763.91(f)].

     Major fiber  release episodes, those  of more than  three square  or linear
feet of  friable ACBM, or maintenance  activities other than small-scale, short-
duration, are not considered O&M activities.  These activities must be designed
and  conducted  by persons  accredited to  conduct  response   actions   [Section
763.91(e)(f)].

Worker Protection

     Employees of  LEAs  who  perform O&M activities,  but are not covered by the
Occupational  Safety and Health  Administration  (OSHA) asbestos construction
standard  [29  CFR 1926.58]  or a State  standard for asbestos worker protection,
are provided OSHA-type protection by EPA  [Section 763.91(b)].
                                      22

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          CHAPTER 7 - CONDUCT PERIODIC SURVEILLANCE AND REINSPECTIONS
PERIODIC SURVEILLANCE

     At least once  every  six  months  after a management plan is in effect, each
LEA  must  conduct periodic surveillance  in each school building  that contains
ACBM.  The person conducting  periodic  surveillance,  the monitor,  does not have
to be  an accredited inspector.   However, the monitor  should  be  familiar with
the  school building in order to be  able  to  accurately perceive any changes in
the  condition  of  all  ACBM  that  is  identified  in  the  management  plan.    A
custodian or  maintenance  worker may be  a suitable monitor.   The monitor must
record  the  date  of the  surveillance,  his  or  her  name,  and any observable
changes  in  the condition  of  the material  (e.g.,  water damage).   The monitor
must submit a copy of this information to the LEA's Designated Person, who must
include these records in the management plan [Section 763.92(b)].

     It  would be very beneficial to  have  the  .same  individual  conduct these
surveillance  activities because the  same  person  would be  much more  likely to
notice changes  in  the  condition of  ACBM.   If a person who is unfamiliar with
the  school building conducts  periodic  surveillance,  he or she needs to look at
the  records   of the most recent  periodic  surveillance  and  the  most  recent
inspection or  reinspection.    This  review  will  help  the  monitor detect  any
changes in the condition of ACBM in the building that have  occurred.

REINSPECTIONS

     At least once every three years  after a management plan is in effect, each
LEA  must  have  an accredited  inspector  reinspect  all  friable  and non-friable
ACBM, and  have the accredited inspector  reassess  specific materials  in each
school building [Section  763.85(b)].    Reinspections help  keep  track  of  the
physical condition  of  the ACBM.  In the  event  that  no asbestos was found in a
specific school building  during  the initial inspection, reinspection of that
building is not required.

     As  stated  above,   to ensure  that  the  condition  of  ACBM  is scrutinized
adequately,   an  accredited   inspector  must  perform  all  reinspections  and
reassessments.  The primary purpose  of the initial inspection is to locate all
ACBM.   Each  reinspection  provides  an opportunity  to  identify and respond to
changes  in  the  condition of  ACBM.    Results  of  these reinspections  must be
included in the school's management plan.
                                      23

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                  CHAPTER 8 - ASSURE PROPER TRAINING AND AWARENESS
TRAINING OF CUSTODIAL AND MAINTENANCE WORKERS

     Before implementing the operations, maintenance,  and  repair  provisions  of
the management  plan,  the LEA must  ensure  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 general  awareness  training of at  least  2 hours'  duration,  whether  or
not they are  required to work with ACBM.  New custodial staff  and maintenance
employees who are hired after the implementation of the management plan must  be
trained within  60 days  after  commencement of employment  [Section  763.92(a)].
Training must include at least these elements:

          •    Information  regarding  asbestos and  its  various  uses
               and forms;

          •    Information on health effects associated with asbestos
               exposure;

          •    Locations  of ACBM  identified throughout each  school
               building in which they work;

          •    Recognition of damage, deterioration,  and delamination
               of ACBM;

          •    The name  and telephone number of  the  LEA's Designated
               Person; and

          •    The availability and location of the management plan.

     The LEA  must ensure that  members  of  its maintenance and  custodial staff
who conduct any activities  that may result  in the  disturbance  of ACBM receive
the awareness  training outlined  above,  plus  14  hours  of additional training
covering [Section 763.92(a)(2)]:

          •    proper methods of handling ACBM;

          •    the use of respiratory protection;

          •    other personal protection measures; and

          •    hands-on training in good work practices.

     As  of  December 14,   1987,  LEAs  must   ensure  that  their  custodial  and
maintenance staff members  receive this  training prior to  conducting  activities
that may disturb asbestos.
                                      24

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     LEA  maintenance  and  custodial  staff  who  have  attended  EPA-approved
asbestos training courses or  received equivalent training for O&M and periodic
surveillance activities  involving asbestos,  are considered  trained  and do not
require any additional training.

PROVIDING INFORMATION REGARDING THE LOCATION OF AGBM TO SHORT-TERM WORKERS

     It is  the duty of the LEA's  Designated Person to make  sure  that the LEA
provides  information regarding  the  location(s)  of ACBM  and assumed  ACBM in
school  buildings  to  short-term workers  such as  telephone  repair  workers or
building repair contractors.

POSTING WARNING LABELS

     The LEA Designated Person  must  make sure that warning labels are attached
immediately adjacent to any friable and non-friable ACBM in routine maintenance
areas (such as  boiler rooms)  of each  school  building.   Such material includes
friable ACBM that was  responded to by a means other than removal, for example,
encapsulation,   and  ACBM  for  which  no  response  action  was  carried  out.
Classrooms,  libraries, and cafeterias  are a  few examples of rooms that are not
considered routine maintenance areas.

     All labels must be displayed prominently in readily visible locations and
remain posted until  the  ACBM that is  labeled is removed.   Warning labels must
be made readily visible with large  print or  bright color,   and  shall read as
follows:
     CAUTION:  ASBESTOS.    HAZARDOUS.
     TRAINING AND EQUIPMENT.
DO  NOT  DISTURB  WITHOUT PROPER
                                      25

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                         CHAPTER 9  - MAINTAIN RECORDS
     Each LEA  is  required to keep  in  its  administrative office a copy  of  the
management  plan that  was  submitted to  the Agency  designated by  the  State
Governor.  If changes are made based on  the  State review,  each LEA is  required
to keep  the  revised management plan on  file  in the LEA office.   In addition,
each school is  required to keep a  copy of  its own management plan.  Records of
all activities performed after the  original plan  was  submitted to  the  Governor
must be collected and made available to the public for inspection.

     The public may request the LEA to provide  all information gathered during
inspections,  reinspections,  and  periodic  surveillance,  as  well as  general
information regarding the LEA's asbestos  control program [Section 763.93(g)].

RECORDKEEPING OF MANAGEMENT PLAN

          •    Each LEA must keep  an updated copy  of the  management         I
               plan  in its  administrative  office for  each  school      ^™"
               under its  administrative  control or direction.   This
               plan must  be available,  without restriction,  to  the
               public,  school  personnel  and their  representatives,
               parents, and representatives of EPA and the State,  for
               inspection during normal business hours.

          •    Each school must keep in  its  administrative office an      	I
               updated copy of the management  plan for  that school.
               The school must make the management plan available for
               inspection.

          •    Each  LEA   and  school must  keep  accurate  records  of         I
               relevant events with the management plan.                  '••••

RECORDKEEPING OF OTHER INFORMATION

     Records must be kept of all relevant  events occurring after  submission of
the management  plan.   These records become  part of  the management  plan.   The
relevant events include:

          1.     Response actions and preventive measures.

          2.     Training of personnel.

          3.     Periodic surveillance.

          4.     Reinspection and assessments.

          5.     Cleaning activities.

          6.     Small-scale, short-duration  operation and maintenance
                 activities.
                                      26

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          7.      All operations and maintenance activities other than
                 small-scale and short duration activities.

          8.      Fiber release episodes.

     All records  shall be retained  in the administrative offices  of  both the
LEA and  the  school as part of  the  management plan.   For  each  area where ACBM
has been removed,  the  records must  be kept for 3 years after the next required
reinspection  [Section 763.94(a)].   The  records  that must  be  maintained are
presented in Exhibit 9-1 in the form of a checklist.
                                      27

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                             EXHIBIT 9-1

                       RECORDKEEFING CHECKLIST
1.   For any  response action or  preventive measures taken  for     I   I
     ACBM:  a detailed description of the actions and information     '•"
     on sample analysis [see Section 763.94(b)].

2.   For each person required to be  trained:  their  name  and  job        I
     title,  as well as information on their training.                 ^™"

3.   For each periodic surveillance  that  is conducted:  the name        I
     of each person performing the surveillance, the date of  the     ^™
     surveillance,   and any changes  in  the condition  of  the
     materials.

4.   For   each  reinspection:   the   name  and   accreditation     |   |
     information of the inspector,  the date of the reinspection,
     and any changes noted in the condition of the material.

5.   For  each  required  cleaning:   the   name   of  the  person     |   |
     performing  the cleaning,  the  date  of  the cleaning,  the
     locations cleaned, and the methods used.

6.   For  each  small-scale  and  short-duration  operation  and
     maintenance activity:  the name  and signature of the person
     performing the  activity,  the  activity start and completion
     dates,  the precise locations,  a description of the activity
     and any preventive measures taken,  and if  ACBM is removed,
     the name and location of the storage or disposal site.

7.   For  maintenance  activities  other  than  small-scale  and     I  |
     short-duration  activities:  the  name  and  signature  of  the     V^J
     person  performing   the   activity;  their  State   of
     accreditation  and, if  applicable,  the accreditation number
     of each  person doing the activity;  the activity start  and
     completion dates; the  precise  locations;  a description of
     the activity  and any  preventive measures;  and  if  ACBM is
     removed, the  name and location  of  the storage or disposal
     site.

8.   For each  fiber release  episode: the  date and location of     |  |
     the  release,   the  method  of  repair,  the preventive  or
     response actions  taken,  the  name of each  person performing
     the work, and  if  ACBM  is  removed,  the name  and location of
     the storage or disposal site.
                                 28

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                      CHAPTER 10  - COMPLY WITH THE NEW RULE
 DEADLINES

      The  introduction  to  this Guide  outlines the  major  deadlines associated
 with the  New Rule.   Figure  10-1  presents an overview of this information.  As
 this figure indicates,  LEAs  must take a  number  of steps  this  year to comply
 with the  New Rule.

 PENALTIES

      The  Toxic  Substances  Control Act (TSCA) Title II, Section  207(a) provides
 civil penalties of up to $5,000 per violation per day  [Section  763.97(a)] when
 an LEA:

          •     Fails  to conduct  inspections  in  a manner  consistent
                with this Rule.

          •     Knowingly submits  false information to  the  designated
                State  Agency.

          •     Fails   to  develop  a   management   plan   in   a  manner
                consistent with  this Rule.

      In the  New Rule,  a "violation" means  a  failure  to  comply with  respect to  a
 single school  building.  TSCA  Title  I,  Section 16 provides authority to  issue
 to  persons  other than  LEAs  civil  penalties  of up to  $25,000  per day for each
 violation of AHERA (TSCA Title II).   Such persons may  include those who design
 and   conduct  response  actions  and  are  not  accredited  under   AHERA,   and
 laboratories that  perform air  testing that are  unaccredited  or do not follow
 the  specified protocol.

      Criminal  penalties may be  assessed if  any violation committed  by  any
 person (including an  LEA) is  knowing or willful [Section 763.97(c)].
                                     NOTICE

     Reading this Guide should not be  considered a. substitute for reading  the
New Rule  (40 CFR Part 763 Subpart E); this Guide  supplenents  the Rule  and LEAs
should  refer  to  the  Rule  for  specific  details.    Copies  of  the  Rule  are
available fro* the  EPA Regional Asbestos  Coordinator.   LEAs  are encouraged to
seek  assistance  fro»  their  EPA  Regional  Asbestos  Coordinator  and  their
designated State agency (see Appendices B  and C).
                                      29

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                                     FIGURE 10-1

                     SCHEDULE FOR MAJOR REQUIREMENTS OF THE NEW RULE
DEADLINES:
ASAP
Designate and train LEA  Designated Person who has responsibility for
overseeing all asbestos activities,  including compliance with the  New Rule
                               Use  accredited individuals  for response actions,
                               aPProvec' a'r  monit°rm9 methods  after abatement,
                               approved waste disposal practices,  and maintain
                               all records  required under the New  Rule


 Prior to the  initiation  	   Train  appropriate  school  district staff and
 of any  O&M activities               abide by the  O&M provisions of the New Rule



10/12/88  	      Conduct an
                                                     initial  inspection


 n/i 9/ftft                                    Develop and  submit a management
10/12/88  	         plan and notify the public


7/g/gg   	    Initiate implementation  of
                                                	management plan


"Timely  manner" as    	   pnitiate   appropriate
approved in  the                                      | response actions
management  plan

6 months after management   	   Perform       ic   surveiMance
plan  is  in effect

3 years after management  	     Conduc(  a rein    ,ion
plan  is  m effect
                                         30

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                   APPENDIX A - EPA-FUNDED TRAINING PROGRAMS


ASBESTOS INFORMATION AND TRAINING CENTERS

Georgia Institute of Technology	 (404) 894-3806

University of Kansas	 (913) 491-0181

University of Illinois, Chicago	 (312) 996-5762

Tufts University	 (617) 381-3531 (x 5061)

University of California at Berkeley	 (415) 643-7143

University of Texas at Arlington	 (817) 273-2581

UMDNJ Robert Wood Johnson Medical School	 (201) 463-4500
  (Rutgers)

Temple University	 (215) 787-6479


ADDITIONAL EPA-FUNDED TRAINING PROGRAMS

Texas A&M University	 (409) 845-6682

University of Cincinnati	 (513) 872-5733

University of Florida	 (904) 392-9570

University of Utah	 (801) 581-5710

National Asbestos Council (NAG)	 (404) 292-0629



                       Office of Toxic Substances HOTLINE

 For  information about other training programs and the New Rule in general,
 call  the Office of Toxic Substances HOTLINE at (202) 554-1404 or 554-1405
                                      31

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             APPENDIX B - REGIONAL ASBESTOS COORDINATORS
EPA Region 1                            EPA Region 6
     JFK Federal Building                    Allied Bank Tower
     Boston, MA  02203                       1445 Ross Avenue
     (617) 565-3273                          Dallas, TX  75202
     (Connecticut, Maine,                    (214) 655-7244
     Massachusetts, New Hampshire,            (Arkansas, Louisiana,  New
     Rhode Island, and Vermont)              Mexico, Oklahoma, and Texas)

EPA Region 2                            EPA Region 7
     Woodbridge Avenue                       726 Minnesota Avenue
     Edison, NJ  08837                       Kansas City, KS  66101
     (201) 321-6668                          (913) 236-2835
     (New Jersey, New York, Puerto           (Iowa, Kansas, Missouri, and
     Rico, and Virgin Islands)               Nebraska)

EPA Region 3                            EPA Region 8
     841 Chestnut Street                     One Denver Place
     Philadelphia, PA  19107                 999 18th Street, Suite 500
     (215) 597-9859                          Denver, CO  80202-2405
     (Delaware, District of                  (303) 293-1744
     Columbia, Maryland, Pennsylvania,       (Colorado, Montana, North
     Virginia, and West Virginia)            Dakota, South Dakota, Utah,
                                             and Wyoming)
EPA Region 4
     345 Cortland Street, N.E.          EPA Region 9
     Atlanta, GA  30365                      215 Fremont Street
     (404) 347-5053                          San Francisco, CA  94105
     (Alabama, Florida, Georgia,             (415) 974-7290
     Kentucky, Mississippi, North            (Arizona, California, Hawaii,
     Carolina, South Carolina, and           Nevada, American Samoa, and
     Tennessee)                              Guam)

EPA Region 5                            EPA Region 10
     230 S. Dearborn Street                  1200 6th Avenue
     Chicago, IL  60604                      Seattle, WA   98101
     (312) 886-6003                          (206) 442-2870
     (Illinois, Indiana, Michigan,           (Alaska,  Idaho, Oregon, and
     Minnesota, Ohio, and Wisconsin)         Washington)
                                 32

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            APPENDIX C  - AHERA STATE DESIGNATED CONTACTS

                      (As of January 14, 1988)
State

Alabama
Alaska
American Samoa

Arizona
Arkansas
California
Colorado
Agency

Mr. William Weems, Director
Alabama Safe State Program
P.O. Box 2967
Tuscaloosa, Alabama  35486
(205) 348-7136

Sue Miller, Project Assistant
Department of Education
Goldbelt Building
P.O. Box F
Juneau, Alaska  99811
(907) 465-2865
David 0. Chelgren, Manager
Compliance Unit
Office of Air Quality
Department of Health Services
2005 North Central Avenue
Phoenix, Arizona  85004
(602) 251-2277

Dan Lovelady, Coordinator
School Plant Services
Department of Education
4 Capitol Mall
Room HOB
Little Rock, Arkansas  72201-1021
(501) 682-4261

John Jenkins
Office of Local Assistance
501 J Street, Suite 350
Sacramento, California  95814
(916) 445-9327

Dave Ouimette
Air Pollution Control Division
Colorado Department of Health
4210 East llth Avenue
Denver, Colorado  80220
(303) 331-8587
                                 33

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Connecticut
Delaware
District of
  Columbia
Florida
Georgia
Guam

Hawaii
Public Schools:
Nancy Harris,  Chief
Bureau of Grants Processing
State Department of Education
165 Capitol Avenue
Hartford, Connecticut  06106
(203) 566-8204

Private Schools:
Paul Schur, Assistant Director
Preventable Diseases Division
State Department Health Services
150 Washington Street
Hartford, Connecticut  06106
(203) 566-3186

Robert Foster, Occupational Safety and Health
  Administrator
Department of Administrative Services
Division of Facilities Management
P.O. Box 1401
O'Neill Building
Dover, DE  19903
(302) 736-5644

Robert Gordon
Department of Public Works
2000 14th Street, NW
Washington, D.C. 20009
(202) 939-8136

Bobby L. Johnson, Program Specialist
Florida Department of Education
W. V. Knott Building - 144 Collins
Tallahassee, Florida  32399
(904) 487-1130

Dr. Warner Rogers, Superintendent of Schools
Georgia State Department of Education
Office of Administrative Services
Division of Transportation Facilities & Asbestos
2066 Twin Towers East, 16th Floor
Atlanta, Georgia  30334
(404) 656-2438
James Ikeda
Department of Health
Environmental Protection and Health  Services
P.O. Box 3378
Honolulu, Hawaii 96801
(808) 548-6455
                                 34

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Idaho

Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Don Anderson, Section Chief
Asbestos Abatement Section
Illinois Department of Environmental Management
525 West Jefferson - 3rd Floor
Springfield, Illinois  62671
(217) 782-3517

Andy Knott
Office of Air Management
Indiana Department of Environmental Management
P.O. Box 6015
Indianapolis, Indiana  46206
(317) 232-8416

C. Milton Wilson
Consultant, School Facilities, for
Department of Education
Bureau of Administration and Accreditation
Iowa Department of Education
Des Moines, Iowa  50319-0146
(515) 281-4743 or 281-3022

John Irwin, Chief
Environmental Toxicology Section
Kansas Department of Health & Environment
Forbes Field
Topeka, Kansas  66620
(913) 296-1500

Jim Judge, Assistant Director
Division of Buildings and Grounds
Kentucky Department of Education
1530 Capitol Plaza Tower
Frankfort, Kentucky  40601
(502) 564-4326

Bill Davis, Chief
NESHAPS Unit
P.O. Box 44096
Baton Rouge, Louisiana  70804
(504) 342-1209

Henry E. Warren, Director
Division of Asbestos Management Activities
Department of Administration
Bureau of Public Improvement
State House Station 77
Augusta, ME  04333
(207) 289-4511
                                 35

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Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Dr. Katherine Farrell,  Administrator
Center of Environmental Health
Department of the Environment
201 West Preston Street
Baltimore, MD  21201
(301) 225-5753

Dick Levine
Department of Labor and Industries
Division of Occupational Hygiene
1001 Watertown Street
West Newton, MA  02165
(617) 969-7177

Bill De Liefde, Asbestos Coordinator
Michigan Department of Public Health
Division of Occupational Health
P.O. Box 30035
Lansing, Michigan  48909
(517) 335-8250

Len Nachman, Director
District Financial Management & Transportation
Minnesota Department of Education
550 Cedar Street
St. Paul, Minnesota  55101
(612) 296-5032
Governor Ray Mabus
P.O. Box 139
Jackson, Mississippi
(601) 359-3100
                                          39205
(Note: no State designee)

Erol Roberts
Division of Environmental Health
Missouri Department of Health
1730 East Elm Street
P.O. Box 750
Jefferson City, Missouri  65102
(314) 751-6102

Larry Lloyd, Administrator
Environmental Sciences Division
Department of Health and Environmental Sciences
Helena, Montana  59620
(406) 444-3111
                                 36

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Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
Jacqueline M. Fiedler
Industrial Hygienist Coordinator
Nebraska Department of Health - EHHS
301 Centennial Mall South
Lincoln, Nebraska  68509
(402) 471-0519

Doug Stoker
Nevada Department of Education
4045 South Spencer - Suite A47
Las Vegas, Nevada  89158
(702) 486-6455

Douglas Brown
Department of Education
State Office Park South
101 Pleasant Street
Concord, New Hampshire 03301
(603) 271-3620

James A. Brownlee, Director
AHERA Implementation Section
New Jersey Department of Health
CN 360
Trenton, NJ  08625-0360
(609) 984-2193

State Department of Education
School Finance Division
Education Building
Sante Fe, New Mexico  87503
(505) 827-3848

Dr. Brian Walsh, Administrator
Facilities & Management Services
State Education Department, Room 3071
Albany, New York  12330
(518) 474-4383

Howard Bridges, Program Manager
North Carolina Division of Health Services
Occupational Health Branch
P.O. Box 2091
Raleigh, North Carolina  27602
(919) 733-3680
                                 37

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North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Mr. Dana Mount, Director
Division of Environmental Engineering
North Dakota State Health Department
State Capitol
Bismark, North Dakota  58501
(701) 224-2348
(co-designee)

Mr. Alton Koppang, Director
Finance and Reorganization
Department of Public Instruction
State Capitol
Bismark, North Dakota  58501
(701) 224-2267
(co-designee)

Martin L. King, Program Director
Indoor Environmental Management Program
Bureau of Environmental Health
Ohio Department of Health
P.O. Box 118
Columbus, Ohio  43266-0118
(614) 466-1450

J. Dale McHard, Chief
Emily Allen
Bill Kemp
Radiation and Special Hazards
State Department of Health
N.E. 10th and Stonewall
Oklahoma City, Oklahoma  73152
(405) 271-5221

Al Shannon
Oregon Department of Education
700 Pringle Parkway, S.E.
Salem, Oregon  97310
(503) 378-6964

Gerald Grove, P.E.
Division of Physical Plant and Construction
Department of Education
333 Market Street
Harrisburg, PA  17126-0333
(717) 787-5480

Mr. Santos Rohena Betancourt, Chairman
Puerto Rico Environmental Quality  Board
Box 1148
San Juan, Puerto Rico   00910
(809) 722-1174 or 722-2173
                                 38

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Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
James Hickey, Chief
  or
William Dundulis
Supervisor Asbestos Section
Department of Health
Division of Occupational Health and
Radiation Control
206 Cannon Building
75 Davis Street
Providence, Rhode Island  02908-5097
(401) 277-3601

Denard Harris, Director
Governor's Division of Education
1205 Pendleton Street
Columbia, South Carolina  29201
(803) 734-0448

Leonard Powell
Education Program Specialist
Kneip Building
700 North Governor's Drive
Pierre, South Dakota  57501
(605) 773-3553

Governor Ned Ray McWherter
Tennessee State Capitol Building
Nashville, Tennessee  37219
(615) 741-2001

Jerry Lauderdale, Chief
Joel Smith
Occupational Safety and Health Division
Texas Department of Health
1100 West 49th Street
Austin, Texas  78756
(512) 458-7254

Mr. Kenneth L. Alkema, Director
Division of Environmental Health
Bureau of Air Quality
288 North 1460 West
P.O. Box 16690
Salt Lake City, Utah  84116-0690
(801) 538-6121
                                 39

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Vermont
Virgin Islands
Virginia
West Virginia
Wisconsin
Wyoming
Thomas J. Broido
Asbestos Program Manager
  or
Todd Hobson
Vermont Department of Health
Division of Environmental Health
60 Main Street
P.O. Box 70
Burlington, Vermont  05402
(802) 863-7220

Commissioner of Department of Planning and
  National Resources
179 Altona and Welgunst
St. Thomas, Virgin Islands  00802

David Boddy, Associate Director
Energy and Facilities Services
Department of Education
P.O. Box 6Q
Richmond, Virginia  23216
(804) 225-2035

Roy Blizzard, Director of School Facilities
Department of Education
Building 6 Room 264
Capitol Complex
1900 Washington Street, East
Charleston, West Virginia  25305
(304) 348-3569

Mr. William Otto, Public Health Educator
Wisconsin Division of Health
P.O. Box 309
Madison, Wisconsin  53701
(608) 266-9337

Roger Hammer
Wyoming  State Department of Education
Hathaway Building
Cheyenne, Wyoming  82002
(307) 777-6198
  No State designee at this time.
                                 40

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                            APPENDIX D - SAMPLE FORM
     The sample inspection form in this appendix  is  intended  to provide general
guidance  regarding   the  content   and  format   of  inspection  records   and
reinspection records.   The  format and length  of inspection  forms  are  at  the
discretion of the LEA.  The sample form presented here  is  similar  to  inspection
forms used to teach inspectors at some accreditation training  courses.

     Ideally,   an   inspection  form   would  also   include   a  category   that
differentiates  friable suspected  ACBM from non-friable  suspected  ACBM.    In
addition, the  form would include  the damage categories  stipulated in the  New
Rule  (e.g.,   significant  damage).     Despite   its  limitations,  the  sample
inspection form does  provide LEAs with an idea  of  the type of information an
accredited inspector gathers during an inspection.
                                           ' it's
                                      41       U.S. Environmental Protection
                                               Region 5, Library (5PL-16)
                                               ?. 0 G. Dearborn Street,  Room 1670
                                               CMcago. IL   60604

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                            SAMPLE INSPECTION FORM
                  RECORDING FORM FOR PHYSICAL ASSESSMENT DATA
Building:
Functional Area No.
   Type:
       Location:
Type of Suspect Material:




     Description :  	
       Surfacing,
              TSI,
     Overall Rating:
Good,
Fair,
Poor
Potential for Disturbance




     Potential for Contact:




     Description : 	
     High,
   Moderate,
     Low
     Effect of Vibration:




     Description :  	
   High,
 Moderate,
   Low
               Misc.
Approximate Amount of Material (linear or square ft.):  	




Condition




     Percent Damage: 	%, 	 Localized,  	 Distributed




     Type of Damage: 	 Deterioration, 	 Water,  	




     Description :  	
                                         Physical
     Potential for Air Erosion:




     Description :  	
         High,
       Moderate,
         Low
     Overall Rating:




Comments:  	






Signed 	
Good,
Fair,
Poor
                          Date
                                      42

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