United States Office of Compliance Monitoring June 1992
Environmental Protection Washington, DC. 20460
Agency
r/EFft
Asbestos Hazard
Emergency Response
Act (AHERA)
Inspection Guidance Manual
and Checklist
Printed on Recycled Paper
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ASBESTOS HAZARD EMERGENCY
RESPONSE ACT
INSPECTION GUIDANCE MANUAL
June 1992
U.S. Environmental Protection Agency
Office of Compliance Monitoring
401 M Street, SW
Washington, D.C. 20460
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Inspection Guidance Manual
DISCLAIMER
This document was prepared by Science Applications International Corporation
(SAIC) in partial fulfillment of EPA Contract 68-WO-0025, Work Assignment
No. 53. Neither the U.S. Environmental Protection Agency nor its employees
makes any warranty, express or implied, or assumes any legal liability for any
third party's use of or the results of such use of any information, product, or
process- discussed in this document. Mention or illustration of company or trade
names, or of commercial products, does not constitute endorsement by the U.S.
Environmental Protection Agency.
Any EPA inspector who currently uses a checklist other than the one included in
this manual (e.g., a checklist developed by the Region in which the inspector
operates) should compare such checklist with the attached checklist. If such a
comparison shows that the other checklist is as comprehensive in scope as the
attached one, the inspector is requested to provide a copy of the other checklist
to EPA Headquarters for informational purposes. If the Region's checklist is less
comprehensive than the attached, EPA recommends that the Region use the
attached checklist and also send a copy of the other checklist to Headquarters.
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ACKNOWLEDGEMENTS
The U.S. Environmental Protection Agency would like to thank the many individuals who contributed
to the development of this guidance manual. The manual was developed under contract between the U.S.
Environmental Protection Agency's Office of Compliance Monitoring (OCM) and Science Applications
International Corporation (SAIC). Teresa Little, Project Coordinator with EPA's OCM, Compliance
Division, was responsible for the development of this guidance document. The primary authors at SAIC
were Jody Hart Lehrer and Bob Wheeler.
This manual could not have been written without invaluable contributions from the following individuals
at OCM: Pam Saunders, Work Assignment Manager; Maureen Lydon, Chief, Compliance Branch; and
Sanda Howland, Case Support Branch.
Each of the Regional Asbestos Coordinators deserves special thanks for input on the various drafts of this
manual. EPA would also like to thank the AHERA compliance inspectors in the Regions, who provided
much time and effort in developing this manual. The skills and knowledge gained by the inspectors
through the years have made this inspection manual possible.
EPA's Region VII played a major role in influencing the final version of this manual. Wolfgang
Brandner and Greg Crable provided insight into how the inspection process works and the necessary
elements needed to conduct a successful inspection. The hard work and determination of regional
personnel were instrumental in making this inspection guidance a success.
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ACRONYMS
AHERA - Asbestos Hazard Emergency Response Act (Title II of TSCA)
ACBM - Asbestos Containing Building Material(s)
ACM - Asbestos Containing Material(s)
ACTS - Asbestos Contractor Tracking System
ASHAA - Asbestos School Hazard Abatement Act
ASHARA - Asbestos School Hazard Abatement Reauthorization Act of 1990
CC - Civil Complaint
CAA - Clean Air Act
CFR - Code of Federal Regulations
CDO - Case Development Officer
CMS - Compliance Monitoring Strategy
EPA - U.S. Environmental Protection Agency
ERP - Enforcement Response Policy
F - Friable _
FIFRA - Federal Insecticide, Fungicide and Rodenticide Act
FITS - FIFRA and TSCA Tracking System
FOIA - Freedom of Information Act
LEA - Local Education Agency
NAC - NESHAP Asbestos Coordinator
NAIS - Neutral Administrative Inspection Scheme
NARS - National Asbestos Registry System
NCSC - National Council of Senior Citizens
NDAAC - National Directory of AHERA Accreditation Courses
NESHAP - National Emission Standards for Hazardous Air Pollutants
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ACRONYMS (Continued)
NF - Nonfriable
NON - Notice of Noncompliance
O&M - Operations and Maintenance
OCM - Office of Compliance Monitoring (EPA)
QED - Quality Education Directory
RAC - Regional Asbestos Coordinator
RACM - Regulated Asbestos-Containing Material
TSCA - Toxic Substances Control Act
USC - United States Code
WPR - Worker Protection Rule
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TABLE OF CONTENTS
Page
CHAPTER I. INTRODUCTION 1
CHAPTER II. AHERA: AN OVERVIEW 3
CHAPTER III. COMPLIANCE AND ENFORCEMENT 7
A. LOCAL EDUCATION AGENCIES . : . 7
B. OTHER PERSONS 8
C. ENFORCEMENT 9
CHAPTER IV. COORDINATION OF ASBESTOS RELATED INSPECTIONS 11
A. AHERA 11
1. "For Cause" Inspections 11
2. Neutral Administrative Inspection Scheme 12
3. Scope of AHERA Inspection 12
B. ASBESTOS SCHOOL HAZARD ABATEMENT ACT 13
C. EPA WORKER PROTECTION . 13
D. ASBESTOS NESHAP 13
CHAPTER V. AUTHORITY TO CONDUCT INSPECTIONS AND ENTRY REQUIREMENTS 15
A. INSPECTION AUTHORITY: TSCA SECTION 11 -..,.. 15
1. TSCA Section 11: Inspections and Subpoenas ; . . 15
2. Subpoenas 16
3. Credentials 17
4. Written Notice of Inspection 17
B. ENTRY 18
Uncredentialed Persons Accompanying an Inspector 19
CHAPTER VI. COMPREHENSIVE AHERA INSPECTION CHECKLIST 21
A. WHAT IS IT? 21
B. PURPOSE 21
C. SUMMARY OF CHECKLIST SECTIONS 22
1. Inspecting Management Plan at the LEA Administrative Office 22
2. Inspecting School Management Plans at School Buildings 23
3. Determining Compliance with AHERA Response Action Provisions .... 25
4. Determining Compliance with AHERA Exclusion Provisions 26
D. NESHAP AND AHERA REFERRAL FORMS 26
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TABLE OF CONTENTS (Continued)
CHAPTER VII. PREPARING FOR THE AHERA INSPECTION 29
A. PURPOSE 29
B. PRE-INSPECTION ACTIVITIES 30
1. Review EPA Records on LEA 30
2. Meet with Regional Asbestos Coordinator 31
3. Coordinate Activities with Other EPA/State Offices 32
4. Gather Necessary Equipment and Materials for Inspection 32
5. Fill In LEA Background Data on Comprehensive Checklist 33
6. Notify the LEA in Advance of the Inspection 33
CHAPTER VIII. CONDUCTING THE AHERA INSPECTION 37
A. OPENING CONFERENCE 37
Interviewing the Designated Person 39
B. INSPECTING MANAGEMENT PLAN AT LEA ADMINISTRATIVE
OFFICE 39
C. INSPECTING SCHOOL MANAGEMENT PLANS AND SCHOOL
BUILDINGS 40
1. Reviewing Management Plans at School(s) 42
Inspection Versus Reinspection Under the AHERA Schools Rule 44
Reinspections 44
2. Conducting the Walk-Through Inspection 46
3. Homogeneous Areas 47
4. AHERA Walk-Through Inspection Form 48
5. Using the AHERA Walk-Through Inspection Form During die
Inspection 48
6. Completing the School Section of the Checklist After Walk-Through ... 50
D. DETERMINING COMPLIANCE WITH RESPONSE ACTION PROVISIONS OF
AHERA SCHOOLS RULE 51
E. DETERMINING COMPLIANCE WITH EXCLUSION PROVISIONS OF
AHERA SCHOOLS RULE 53
F. CLOSING CONFERENCE 53
1. Receipt for Samples and Documents 55
2. Presentation of Summary of Observations Form 55
3. Discussion of Summary of Observations Form 55
4. Request for Outstanding Documents 57
CHAPTER IX. POST-INSPECTION ACTIVITIES 59
A. FOLLOW-UP 59
B. PREPARATION OF INSPECTION REPORT 60
C. INSPECTION REPORT: BASIC ELEMENTS 61
Inspection Summary 62
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APPENDICES
APPENDIX A - NOTICE OF INSPECTION FORM
APPENDIX B - RECEIPT FOR SAMPLES AND DOCUMENTS
APPENDIX C - SUMMARY OF OBSERVATIONS
APPENDIX D - COMPREHENSIVE AHERA INSPECTION CHECKLIST (INCLUDING AHERA
WALK-THROUGH INSPECTION FORM)
APPENDIX E - ASBESTOS-CONTAINING MATERIALS IN SCHOOLS; FINAL RULE AND
NOTICE, FEDERAL REGISTER, OCTOBER 30, 1987
APPENDIX F - INSPECTOR TIPS
APPENDIX G - ABBREVIATED NESHAP COMPLIANCE REFERRAL FORM
APPENDIX H - ABBREVIATED AHERA COMPLIANCE REFERRAL FORM
APPENDIX I - GLOSSARY OF TERMS
APPENDIX J - REFERENCE LIST
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CHAPTER I. INTRODUCTION
This manual has been developed to assist compliance inspectors from the States and U.S. Environmental
Protection Agency (EPA), including the National Council of Senior Citizens (NCSC), under contract with
EPA, to conduct inspections under the Asbestos Hazard Emergency Response Act (AHERA) of 1986 (15
U.S.C. 2601) and the Asbestos-Containing Materials in Schools Rule, promulgated pursuant to AHERA.
(Throughout the remainder of this manual, this rule is referred to as the AHERA Schools Rule.) The
manual is composed of two major sections: general guidance information in Chapters I through IX; and
appendices, including the Comprehensive AHERA Inspection Checklist (the Checklist) from which the
guidance provided in the manual stems. The Checklist contains four sections pertaining to the Local
Education Agency (LEA), the schools within the LEA (including a walk-through inspection of the
schools), response actions, and exclusions (where claimed by the LEA). (See Appendix D for the
Checklist.) The manual also contains tips on conducting inspection activities. The tips cover such topics
as the opening conference, steps to be taken upon arrival at the school, conducting the walk-through,
inspecting for compliance with response action requirements and the closing conference. (See Appendix
E for Tips.) The combination of general guidance, tips, and the Checklist should be used by the
inspector when conducting AHERA compliance inspections. (The inspector is urged to take the Checklist
[as well as appropriate tips and guidance procedures] along with her/him on the inspection.)
The general guidance component of this manual contains eight chapters, following this introduction,
pertaining to AHERA inspections:
• Chapter II - an overview of the AHERA Schools Rule;
• Chapter III - compliance and enforcement information;
• Chapter IV - identification of other types of asbestos-related inspections conducted by EPA;
• Chapter V - authority to conduct inspections and entry requirements;
• Chapter VI - purpose and summary of the contents of the Comprehensive AHERA Inspection
Checklist;
• Chapter VII - preparing for the AHERA inspection;
• Chapter VIII - direction on how to use the Checklist during the inspection, including conducting
the "walk-through" inspection of school buildings selected for an inspection; and
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• Chapter IX - discussion of post-inspection activities, including writing the inspection report and
performing necessary follow-up.
This manual was developed as a user-friendly aid to the inspector while conducting AHERA compliance
inspections. Some of the helpful features of the manual are its three-ring binder format (which allows
the Checklist to be taken to the inspection site and used during the inspection) and the fact that the manual
may be easily updated, as necessary. If and when new or revised pages are developed, copies will be
provided to inspectors for inclusion in the binder.
We do expect an expanded section on abatement inspections to be inserted into the manual prior
to October 1, 1992. As part of the proposed FY 93 Memorandum of Agreements (MOAs) between
Headquarters and the Regions, we expect FY 93 AHERA inspection priorities to focus on response
to tips and complaints for in-progress abatement activities greater than the National Emission
Standards for Hazardous Air Pollutants (NESHAP) 160X260, threshhold with emphasis on large
school districts. A section providing more detailed explanation of this priority and inspection
guidance on these activities will be provided for this manual by the end of FY 92.
Because this manual contains frequent references to specific pro vis ions .of the AHERA Schools Rule, in
both the general guidance component (i.e., Chapters I through IX) and the Checklist, the relevant
regulatory citation has been provided in each instance. To assist the inspector in obtaining the precise
language from the AHERA Schools Rule, a copy of the rule is included as an appendix to the manual (see
Appendix F). Any regulatory citations contained in this manual are to the AHERA Schools Rule, unless
otherwise noted.
The inspector should keep in mind that this manual is not intended as a training manual for AHERA
inspectors. It was developed as a guidance manual for carrying out inspections.
An inspector may choose to conduct an inspection using the Checklist or may instead decide to conduct
a more focused inspection (for example, an inspection of response actions only), utilizing only relevant
components of the Checklist, as described in Chapter IV, A, 3. Whichever choice is made, the EPA
inspector is encouraged to use the Checklist provided in this manual when conducting AHERA
compliance inspections to ensure consistency from Region to Region.
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CHAPTER II. AHERA: AN OVERVIEW
On October 22, 1986, President Reagan signed into law the Asbestos Hazard Emergency Response Act
(AHERA), which became Title II of the Toxic Substances Control Act (TSCA). AHERA required EPA
to develop regulations that established a comprehensive framework for addressing asbestos problems in
public and nonprofit private elementary and secondary school buildings. On October 30, 1987, EPA
published the Asbestos-Containing Materials in Schools Rule (the "AHERA Schools Rule," 40 CFR Part
763, Subpart E), which became effective on December 14, 1987.
In .general, the AHERA Schools Rule requires that Local Education Agencies (LEAs) fulfill many
responsibilities, including designating a person (Designated Person) to ensure that the requirements of
the AHERA Schools Rule are properly implemented [§763.84(g)]; conducting inspections for friable and
nonfriable asbestos in each school building that the LEA leases, owns, or otherwise uses as a school
building [§763.85(a)]; developing management plans for each school and submitting all the plans to the
governor of the State in which the LEA is located [§763.93]; and selecting and implementing response
actions in a timely manner [§763.90]. The LEA must ensure that such activities are carried out in
accordance with.the provisions of the AHERA Schools Rule §[763.84(a)]. The LEA also must ensure
that any person who performs inspections, develops management plans, or designs or conducts response
actions must be accredited [§763.84].
Accreditation is the training required to perform any of the above-described activities under AHERA.
The EPA Model Contractor Accreditation Plan (40 CFR 763, Appendix C to Subpart E), published in
the Federal Register on April 30, 1987, developed pursuant to AHERA, specifies the training
requirements for each activity for which an individual must be accredited. To become accredited in a
particular discipline (i.e., inspector, management planner, contractor/supervisor, project designer,
worker), an individual must take a course and pass an examination, offered by either an EPA-approved
training provider or by a State that has adopted a contractor accreditation plan at least as stringent as the
Model Plan, or a course approved by such a State.
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The LEA has other duties, including:
• Ensuring that the activities of any person who inspects, reinspects, conducts periodic
surveillance, develops and updates management plans, and/or develops and implements response
actions are conducted in accordance with the AHERA Schools Rule [§763.84(a)].
• Ensuring 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 with information
regarding the location of known and suspected asbestos containing building material (AC8M)
assumed to be asbestos containing material (ACM) [§763.84(d)J.
• Conducting reinspections, at least once every 3 years after the management plan is in effect, in
each school building that contains known or assumed friable or nonfriable ACBM [§763.85(b)].
• Providing required training to maintenance and custodial staff (i.e., 2 hours of training for those
staff members who may work in a building that contains ACBM and an additional 14 hours of
training for those who conduct activities that will result in the disturbance of ACBM)
[§763.92(a)].
• Conducting periodic surveillance, at least once every 6 months after a management plan is in
effect, in each school building that contains ACBM or is assumed to contain ACBM
(§763.92(b)].
• Updating the management plan to keep it current with ongoing operations and maintenance,
periodic surveillance, inspection, reinspections, and response actions [§763.93(d)l.
• Keeping a copy of the complete and updated management plan in the LEA administrative office,
upon submission of such plan to the governor; ensuring that such plan is available for inspection,
without cost or restriction, by EPA, the State, and the public, including parents, teachers, other
school personnel, and their representatives |§763.93(g)(l)]. The individual schools within the
LEA should likewise maintain a copy of the complete, updated management plan for mat school
in their administrative office [§763.93(g)(3)j.
• Notifying, in writing, parent, teacher, and employee organizations of the availability of die
management plan upon submission of the management plan to the governor and at least once per
school year thereafter. The management plan must include a description of steps taken to
provide such notification, as well as a dated copy of the notification (§763.93(g)(4)].
• Maintaining proper records on specified activities such as preventive measures and response
actions, training of maintenance and custodial staff, periodic surveillance, cleaning, operations
and maintenance, major asbestos activities, and fiber release episodes [§763.94] (these records
must be maintained in a centralized location of the administrative offices of both the schools and
the LEA).
• Ensuring that workers, building occupants, or their legal guardians are informed at least once
per school year of inspections, response actions, and post-response action activities, including
periodic surveillance and reinspections, that are planned or in progress [§763.84(c)] and that a
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description of steps taken to provide such notification are included in the management plan
[§763.93(e)(10)].
Provisions of the AHERA Schools Rule apply to individuals other than the LEA (called "other persons"
for compliance and enforcement purposes). These "other persons" include contractors who perform
inspections and/or reinspections, prepare management plans, and design and/or conduct response actions,
agencies that collect bulk and/or air samples, and laboratories that analyze the samples. For example,
§763.85(a)(4)(iv) requires the person who inspects for asbestos to collect and submit for analysis bulk
samples for all homogeneous areas of ACBM not assumed to contain ACM.
For information on which provision(s) of the AHERA Schools Rules is enforceable criminally or civilly
against the LEA, "other persons," or both, how civil penalty amounts are determined, and what factors
are weighed in making penalty determinations, see Chapter III, Compliance and Enforcement. Refer to
the Enforcement Response Policy (ERP) (January 31, 1989), listed in Appendix J, No. 5, for additional
information. !
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CHAPTER III. COMPLIANCE AND ENFORCEMENT
The Toxic Substances Control Act (TSCA) §207(a) and §16 are the enforcement and penalty provisions
that apply to LEAs and "other persons," respectively. TSCA §16 states that it is unlawful for a person
to violate the provisions of AHERA or the AHERA Schools Rule. TSCA §207(a) states that it is
unlawful for a LEA to engage in or fail to engage in certain actions specified in this section of AHERA
(see discussion below on LEAs). Generally, fines of up to $5,000 per day per violation can be assessed
against LEAs and up to $25,000 per day per violation against other persons. However, under the
Asbestos School Hazard Abatement Reauthorization Act of 1990 (ASHARA), AHERA was amended to
authorize penalties of $5,000 per day per violation for certain acts involving the failure of a contractor
and his/her employees to obtain proper accreditation. It is the responsibility of the AHERA compliance
inspector to document potential violations of AHERA and/or the AHERA Schools Rule during
inspections. Such documentation of potential violations by the inspector is the basis on which subsequent
enforcement decisions are made.
The violations of AHERA for which LEAs and other persons may be assessed civil penalties are
substantially different. Therefore, the remainder of this chapter will separately address LEA and other
person compliance requirements. Each section contains a discussion of the requirements and identifies
the pertinent regulatory provisions.
A. LOCAL EDUCATION AGENCIES
A LEA is whatever is defined as such by Section 198 of the Elementary and Secondary Education Act
of 1965 (i.e., the definition of a public school is essentially determined by State law); the owner of any
nonpublic, nonprofit elementary or secondary school building; and the governing authority of schools
operated under the Defense Department's education system provided under the Defense Dependent's
Education Act of 1978. Under TSCA §207(a), LEAs may be assessed civil penalties for any and/or all
of the following violations:
• Failure to Conduct an Inspection [§207(a)(l)]
Failure to conduct an inspection in compliance with provisions of AHERA. This encompasses
those activities necessary to identify the condition of ACBM in the school building. Inspection
requirements include using accredited personnel and laboratories and following assessment and
bulk sampling analysis requirements.
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Submission of False Inspection Information [§207(a)(2)]
Submitting false information to the governor of the State is a violation of AHERA. This may
include falsified laboratory reports and false representation of inspector or laboratory
accreditation.
Failure to Develop or Submit a Valid Management Plan [§207(a)(3)]
Violations of AHERA regarding the development of management plans for submission to the
State governor include using an unaccredited person to prepare the management plan,
developing a management plan that omits any of the required elements, failing to submit the
management plan to the State, failing to notify the public of the availability of the management
plan, and failing to make the management plan available to the public without cost or
restriction. (Note: AHERA requires that the management plan be submitted to the State
governor for review, and that the governor, if s/he intends to disapprove of the management
plan, has 90 days to do so. However, LEAs may still be liable for failure to develop or submit
the management plan even if the LEA's management plan was not disapproved by the State.)
Performance of Any Activity Prohibited by Section 215 of AHERA as Amended (§207(a)(4)]
The amendment prohibits renovations or removal of any building material, with the exception
of emergency repairs, in any school whose MP has not completed the AHERA State review
process unless (1) the school is working under a grant from EPA's Asbestos School Hazard
Abatement Act (ASHAA) program, or (2) an inspection in compliance with LEA response
actions and AHERA requirements has been completed. Additionally, the amendment prohibits
the performance of operations and maintenance activity(ies) unless conducted pursuant to
AHERA Sections 40 CFR §§763.91 and 92(a)(2). These provisions concern operations and
maintenance requirements and the required 2 and 14 hour training of maintenance and custodial
workers (40 CFR 763.91 (a)(l) and (2), respectively) who conduct activities that will result in
the disturbance of ACBM.
Submission of False Information Regarding the Deferral Request [§207(a)(5)]
False statements knowingly submitted to the State with a deferral request include:
(1) Submission of a false statement that the LEA has notified the parent, teacher, and employee
organizations of die LEA's intent to request the deferral; and
(2) Submission of a false statement concerning the holding of the required public meeting of
the public school board to discuss the deferral request.
B. OTHER PERSONS
"Other Persons" include persons who inspect LEAs for ACBM, prepare management plans, and design
and/or conduct response actions at LEAs; laboratories that analyze samples collected under AHERA; and
those who contract with a LEA to perform any orner AHERA-related function.
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Under TSCA §16 it is unlawful for any person to "fail or refuse to comply with any requirement of Title
II [AHERA] or any rule promulgated or order issued under Title II." Persons who violate this provision
are liable for penalties of up to $25,000 per day per violation and, under ASH ARA, $5,000 per day per
violation for certain acts concerning failure of a contractor to be accredited or to use accredited
employees. TSCA §16 states that any person who knowingly or willfully violates any part or order
issued under Title II of TSCA may "in addition to or in lieu of any civil penalty which may be imposed
... be subject, upon conviction, to a fine of not more than $25,000 for each day of violation, or to
imprisonment for not more than one year, or both."
Major areas of potential violation(s) by other persons include, but are not limited to, the following:
• Inspections and reinspections [§763.85]
• Bulk Sampling [§763.86]
• Analysis [§763.87]
• Assessment [§763.88]
• Response Actions [§763.90]
• Air Sampling [§763.90]
• Management Plans [§763.93]
• Recordkeeping [§763.94]
• Exclusions [§763.99]
The above potential violations may be determined by the inspector's ascertaining whether or not the
regulatory requirements of each section have been met. Guidance on making such a determination is
provided in Chapter VIII (Conducting the AHERA Inspection).
C. ENFORCEMENT
AHERA provides several enforcement mechanisms that may be used against LEAs and other person(s)
for violations of the AHERA Schools Rule. With respect to LEAs,.EPA may use such mechanisms as
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civil and criminal penalties, injunctions (under TSCA §208), and actions to compel compliance (TSCA
§17).- EPA may also use Notices of Noncompliance (NONs) and press releases to encourage compliance.
Notices of Noncompliance are issued to LEAs for all violations of the AHERA Schools Rule that are not
responded to by other enforcement mechanisms. NONs are most often used against LEAs, rather than
against other persons. Press releases are used to notify the public of a LEA or other person violation of
the AHERA Schools Rule. Inspectors should consult the Enforcement Response Policy (ERP) for
AHERA for a detailed discussion of the enforcement mechanisms (see Appendix J, No. 5).
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CHAPTER IV. COORDINATION OF ASBESTOS RELATED INSPECTIONS
Inspections are the method by which EPA determines compliance with statutes administered by the
Agency, and the regulations promulgated pursuant to such statutes. EPA conducts four types of asbestos-
related inspections: AHERA inspections and inspections conducted pursuant to the Asbestos School
Hazard Abatement Act (ASHAA [20 U.S.C. 4011]), the EPA Worker Protection Rule (WPR [40 CFR
763, Subpart G]), and the National Emission Standards for Hazardous Air Pollutants (NESHAPs [40 CFR
Part 61, Subpart M]) for asbestos (i.e., asbestos NESHAP).
In an effort to implement coordinated asbestos programs under TSCA and the Clean Air Act (CAA)
(under which NESHAPs was promulgated), EPA and State AHERA inspectors should evaluate
compliance with certain requirements under NESHAP and the WPR, in addition to AHERA. To support
the integration of these programs, this manual includes abbreviated referral forms for AHERA and
NESHAP inspectors so that each of these two inspectors may refer general information pertaining to
compliance with the laws administered by the other to the relevant program offices for follow-up (see
Appendices G and H).
Each of the aforementioned inspections is discussed below. The AHERA inspection is addressed first
and includes guidance on how EPA determines which LEAs and school buildings to inspect, as well as
information pertaining to the scope of the inspection. Following this is a summary of the requirements
of the Worker Protection Rule, ASHAA, and NESHAP, under which the other asbestos-related
inspections are conducted.
A. AHERA
In general, EPA Regions use two methods in selecting which LEAs to inspect under AHERA. They are
"for cause" and the "Neutral Administrative Inspection Scheme" (NAIS), each of which is discussed
below.
1. "For Cause" Inspections
"For Cause" inspections are initiated as a result of a potential problem with a LEA or another person that
has been brought to the attention of EPA (Region or Headquarters) or a LEA. Such problems may be
in the form of tips or complaints (for example, about a response action at a particular school). Tips and
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complaints, or referrals, may be raised by LEAs, school employees, parent/teacher groups, the general
public, a State official, or others.
2. Neutral Administrative Inspection Scheme
NAIS-based inspections are initiated by EPA and States to determine compliance with AHERA by LEAs
and other persons. Such inspections are not based on the "for cause" determinant. Rather, Regions and
States conduct NAIS inspections based on neutral determination factors, such as the size of a LEA,
whether the LEA is public or private, NONs issued to LEAs for violations discovered during previous
inspections, etc. Regions and States typically choose from a geographic mixture of small, medium, and
large public and private LEAs. They should inspect at least one LEA that has had other persons perform
AHERA-related activities, one that has received a NON for a violation(s) previously discovered, and
others as resources allow. Inspectors may refer to the Compliance Monitoring Strategy (CMS), Appendix
J, No. 3.
3. Scope of AHERA Inspection
The AHERA Schools Rule is a complex regulation that imposes many requirements on LEAs (and other
persons). To facilitate the job of the AHERA inspector in conducting an inspection under this Rule, EPA
developed the Comprehensive AHERA Inspection Checklist (see Chapters VI and VIII for discussions
on the content and use of the Checklist, respectively). The Checklist may be used to conduct either an
inspection using all sections of the Checklist, or! a "focused" inspection (using one or more sections of
the Checklist: for example, the response action section). This flexibility allows Regions and States more
latitude in determining how best to conduct an inspection, taking into consideration such factors as time
and resources. !
Each Region determines which LEAs to inspect, the scope of the inspections, and how many schools to
inspect within a LEA. Generally, if the inspector intends to use the entire Checklist, s/he should inspect
at least three schools within a LEA, with the total number of schools inspected not to exceed 10 percent
of the total within die LEA (i.e., in a LEA with 84 schools, no more than 8 schools would be inspected).
For a "focused" inspection, in which one or more sections of the checklist are used, the inspector should
conduct an inspection of at least one school in a LEA (for example, the one that is the subject of a tip
or complaint), but may inspect more. Circumstances that may influence how many schools to inspect
include whether die LEA or other persons who have performed work in the LEA have a history of
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violations, the receipt of a tip or complaint about a school or LEA, and whether a LEA has an exemplary
record of compliance.
B. ASBESTOS SCHOOL HAZARD ABATEMENT ACT
Under the ASHAA program, EPA provides financial assistance to public and nonprofit private LEAs for
use in performing asbestos abatement activities under AHERA. The ASHAA loan and grant program
administered by EPA provides financial assistance only to school buildings with serious asbestos problems
and with demonstrated financial need.
awards may he made only to LEAs that have used accredited asbestos professionals to perform
the activities required under AHERA. Therefore, to qualify for an ASHAA award, the LEA must use
accredited asbestos inspectors, management planners, project designers, abatement
contractors/supervisors, and workers. This requirement applies to planned projects, as well as to any
completed projects, for which a LEA may seek reimbursement from EPA. To determine compliance,
EPA plans to inspect ASHAA-funded abatement sites.
C. EPA WORKER PROTECTION RULE
The EPA Worker Protection Rule (WPR) was published in the July 12, 1985, Federal Register (revised
in the February 25, 1987, Federal Register). The WPR extended the provisions of the Occupational
Health and Safety Administration's (OSHA) asbestos workplace standards to State and local government
employees engaged in asbestos abatement work who are not specifically covered by OSHA. The WPR
essentially duplicates the OSHA requirements with two additions: a notification requirement for
emergency projects and projects involving more than 3 linear or square feet of friable Asbestos
Containing Material (ACM), and retention of EPA's definition of asbestos to include nonasbestiform
fibers. (See Appendix J, No. 8, for the WPR.) EPA conducts inspections pursuant to this rule. Such
inspections are not covered in this manual.
D. ASBESTOS NESHAP
EPA promulgated die asbestos NESHAP (40 CFR 61, Subpart M) under Section 1 12 of the CAA, which
requires EPA to promulgate regulations establishing emissions standards for hazardous air pollutants.
The asbestos NESHAP is intended to protect the public from exposure to asbestos in ambient air. The
asbestos NESHAP applies to all demolition operations regardless of the amount of regulated asbestos-
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containing materials (RACM) at the facility. The asbestos NESHAP also applies to renovation activities
where greater than 260 linear, 160 square, or 35 cubic feet of RACM is to be stripped or removed from
the facility. In such situations, under the asbestos NESHAP, the contractor or building owner must
provide written notice to EPA of intent to renovate or demolish such a building. While NESHAP and
AHERA inspections are performed by separate program offices, both NESHAP and AHERA inspectors
should be cognizant of the requirements of both laws and should, share information gathered during
inspections. Therefore, during an AHERA inspection, the AHERA inspector should complete the
Abbreviated NESHAP Compliance Referral Form (Appendix G) and likewise, during a NESHAP
inspection, the NESHAP inspector should complete the Abbreviated AHERA Compliance Referral Form
(Appendix H).
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CHAPTER V. AUTHORITY TO CONDUCT INSPECTIONS AND
ENTRY REQUIREMENTS
This chapter provides information on EPA's statutory authority, under TSCA Section 11, to conduct
AHERA inspections. The chapter includes discussion of legal requirements (e.g., credentials, notice of
inspection) and guidance on entry procedures for the inspector upon arrival at the LEA.
A. INSPECTION AUTHORITY: TSCA SECTION 11
To conduct an AHERA inspection, the inspector must ensure that the requirements of TSCA Section 11,
which govern inspection authority (and subpoenas), are met. After such statutory requirements have been
satisfied, the inspector and his/her supervisor may use their discretion to schedule the inspection date and
time, based upon factors pertaining to the particular LEA selected for inspection, such as the availability
of the Designated Person and other LEA personnel, as well as the human and monetary resources of the
Region. The requirements of Section 11, which include the presentation of credentials authorizing an
individual to conduct an inspection, and presentation of a written notice of inspection, are discussed
below.
1. TSCA Section 11: Inspections and Subpoenas
To enter a LEA to conduct an inspection, the person intending to conduct the inspection must have
statutory authority to inspect such a facility. Statutory authority stems from Section 11 of TSCA, which
specifies:
• Who may conduct an inspection ("the Administrator, and any duly designated representative
of the Administrator...").
• Which facilities may be inspected ("any establishment, facility, or other premises in which
chemical substances or mixtures are manufactured, processed, stored, or held before or after
their distribution in commerce..."). The inspector may also inspect "any conveyance being
used to transport chemical substances, mixtures, or such articles in connection with distribution
in commerce."
An inspection under TSCA may be conducted only after the inspector has presented to the owner,
operator, or agent-in-charge:
• The appropriate credentials (discussed below),
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• A written notice (of inspection) (discussed below).
A separate inspection notice must be presented for each inspection, but separate notice is not required for
each entry made during the period covered by the inspection.
Under Section 11, an inspection must be:
• Commenced and completed with reasonable promptness
• Conducted at reasonable times, within reasonable limits and in a reasonable manner.
EPA recommends that if the AHERA compliance inspector cannot complete an inspection before the
LEA's normal close of business, the inspection should be continued on the following business day, unless
LEA officials do not object to the inspector working past normal working hours.
The scope of an inspection may include "records, files, papers, processes, controls, and facilities...."
Some of the records that the inspector may want to review are discussed in Chapter VII, B, 5, pertaining
to notifying the LEA in advance of an inspection about such topics as the purpose of the inspection and
records that the LEA must make accessible for review. However, unless described with reasonable
specificity in the required written notice of the inspection (see 4, below, on Written Notice of Inspection),
Section 11 prohibits the inspection of:
• Financial data
• Sales data (other than shipment data)
• Pricing data
• Personnel data
• Research data (other than data required under TSCA or a rule promulgated under TSCA).
2. Subpoenas
EPA may require the attendance and testimony of witnesses, and/or the production of documents relating
to AHERA enforcement, when necessary. The AHERA inspector should consult with his/her supervisor
and regional counsel for guidance pertaining to subpoenas (i.e., when to obtain one and how).
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3. Credentials
Section 11 of TSCA requires that the EPA Administrator or any "duly designated representative of the
Administrator..." who intends to inspect a facility subject to TSCA present "appropriate credentials"
to the owner, operator, or agent-in-charge. Therefore, the inspector should, upon arrival at the LEA to
be inspected, introduce him/herself as an EPA (or State) inspector and present the credentials before
initiating the inspection. Typically, the credentials will be presented to either the Designated Person or
the District Superintendent. A State inspector inspecting under a cooperative agreement should state that
he/she is an official representative of the EPA and present the required credentials.
Credentials must be presented whether or not identification is requested by facility officials. Appropriate
credentials indicate that the holder is a lawful representative of the EPA Administrator and is authorized
to conduct inspections under TSCA. The inspector should allow time for the LEA officiail to examine
the credentials to verify that the inspector is a representative of the EPA and has the authority to perform
the inspection under AHERA. Credentials should be available at all times and may not be photocopied.
I
The inspector should make a note in his/her field logbook and/or checklist of the fact that credentials
were presented, the date and time of presentation, and the name of the LEA representative to whom they
were presented.
" i .'
4. Written Notice of Inspection
Section 11 requires that the inspector present a written notice of inspection (see Appendix A, Notice of
Inspection) to the owner, operator, or agent-in-charge (e.g., the Designated Person). The notice must
be dated and include the time of inspection, as proof that the inspection was scheduled to occur at a
reasonable time, as required by Section 11 of TSCA. Generally, the notice is presented during the
opening conference (discussed below, Chapter VIII, A), typically held at the LEA administrative office.
However, the inspector may choose to present the notice prior to the opening conference. The inspector
should present the notice at the LEA site, not at the individual school buildings within the LEA.
However, the inspector may also present the notice to the person(s) in charge of the school building (e.g.,
the principal or assistance principal). The notice must be signed and dated by the inspector (this should
be done in the presence of a LEA official, such as the Designated Person).
If records ordinarily exempted from inspection under TSCA Section 11 (e.g., financial, sales, pricing,
personnel, or research data) are to be inspected, they must be specifically listed on the notice. The
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inspector should also verbally inform the LEA Designated Person (or other person in charge) that such
records will be inspected.
The inspector should request the LEA representative to whom the notice is presented to sign and date the
notice as proof of receipt. Also, the inspector should make copies of the signed notice for the LEA and
for him/herself for the EPA files. The inspector should keep the original.
Finally, the inspector should keep in mind that this requirement for a written notice (under Section 11
of TSCA) is separate from the requirement that schools be given 5 days advance notification in order to
provide access to the management plans, required under Section 763.93(g)(3) of the AHERA Schools
Rule (see Chapter VII). It is also recommended that the compliance inspector should generally provide
5 days notice of the intent to conduct a compliance inspection but that the inspector should refer to her/his
particular Region's operating procedures for specific guidance on how much notice to provide.
B. ENTRY
It is EPA's policy that inspections may occur only with the consent of a representative (e.g., the
Designated Person) of the facility (e.g., LEA) to be inspected. Consent must be given voluntarily (i.e.,
it may not be coerced or obtained through threats by the inspector of potential punitive measures for
failing to grant consent). The fact that the inspector is allowed to enter the LEA generally constitutes
consent. Express consent is not necessary. If entry is denied, the inspector may tactfully attempt to
determine the reasons for denial. If entry is still denied, the inspector should depart from the LEA
premises and consult with his/her supervisor and Region counsel concerning the advisability and
procedures for obtaining a warrant for inspecting the LEA. Whenever entry is denied, the inspector
should make note of the denial and circumstances surrounding the denial in the field logbook, if any is
maintained.
If the inspector is allowed to enter the LEA, and/or the school buildings within the LEA, to conduct the
inspection but is then asked to leave, or is not allowed to enter any part of the school building, consent
no longer exists. The inspector should leave the premises under such circumstances and consult with
his/her supervisor.
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Uncredentialed Persons Accompanying an Inspector
The consent of the LEA representative must be obtained for the entry of persons accompanying an
inspector to an inspection site, if such persons do not have EPA credentials. If consent is not given
voluntarily, these persons may not enter the premises.
TIPS GOVERNING INSPECTOR'S ARRIVAL AT LEA
The following is a list of tips concerning the inspector's arrival at the LEA to conduct an
inspection:
• The inspector should inspect the facility during normal working hours, unless
the LEA agrees to off-business hour inspections or an emergency situation
requires an inspection at such other hours;
• The inspector should arrive at the Facility at the scheduled time;
• The inspector should keep in mind that it is EPA's policy that the inspection he
conducted only with the consent of the LEA, or by procuring a warrant (see
above, on Entry);
• The inspector should enter the facility through the main entrance, unless the
LEA has designated a different entrance;
• The inspector may, if requested, sign a visitor's log or register. However, the
inspector must not sign any such sheet or other document if it contains
restrictive language limiting the scope of the inspection or the manner in which
the inspection may be conducted (for example, a waiver, releases of liability, or
restrictions on the use of photographic or other recording devices);
• The inspector should present his/her credentials, upon arrival, to the "owner,
operator, or agent in charge" of the LEA. It is likely that such an individual
may be the Designated Person or the District Superintendent; and
• Inspector credentials should be kept available at all times throughout the
inspection. The inspector should keep in mind that business cards do not
constitute credentials (but may be used for introductory purposes).
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CHAPTER VI. COMPREHENSIVE AHERA INSPECTION CHECKLIST
A. WHAT IS IT?
The Comprehensive AHERA Inspection Checklist (which contains four sections, described in section C
below) asks for data pertaining to all aspects of the AHERA inspection, including the Designated Person
interview (during the opening conference) concerning the LEA (e.g., number of school buildings,
students, and employees in the LEA); the detailed review of a representative management plan at the
LEA administrative office (and the review of the other management plans to verify that required data have
been included); examination of management plans at school buildings selected for inspection; inspection
(i.e., walk-through) of such school buildings, using the AHERA Walk-Through Inspection Form (see
Appendix D); inspection of school (and "other persons'") compliance with the response action provision
of the AHERA Schools Rule; determination of compliance with AHERA exclusion provisions; and the
closing conference.
Appended to this manual, to be used along with the comprehensive Checklist, are two forms: the
National Emission Standards for Hazardous Air Pollutants (NESHAP) Abbreviated Compliance Referral
Form and the AHERA Abbreviated Compliance Referral Form (see Appendices G and H, respectively).
The first form is for use by AHERA inspectors; the second for use by NESHAP inspectors (see section
D below for details on the purpose and use of these forms).
The following discussion describes the purpose of the comprehensive Checklist and then summarizes each
of its sections. For guidance on how to use the Checklist, the inspector should refer to Chapter VIII,
which contains details on completing each section of the Checklist.
B. PURPOSE
The purpose of the Comprehensive AHERA Inspection Checklist is to guide the AHERA inspector
through the often lengthy and complex inspection process in order to ensure that all information necessary
to determine compliance with the enforceable provisions of the AHERA Schools Rule is obtained during
the inspection, rather than during follow-up. An AHERA inspection requires that an inspector ensure
compliance with the AHERA Schools Rule by the LEA and many "other persons," such as the inspector,
management planner, project designer, agencies that collect bulk and air samples, and laboratory(ies) that
analyze such samples. Conducting an AHERA compliance inspection is complicated not only because
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of the number of individuals who must comply with various provisions of the AHERA Schools Rule, but
also because of the number of requirements that must be met, including those pertaining to inspections
and the inspection report, development of the management plan, response actions, and recordkeeping.
Without a comprehensive Checklist, it is more likely that important questions relating to LEA (and "other
person") compliance with AHERA may be overlooked, resulting in, at best, the inspector having to spend
more time following the inspection collecting necessary information. Therefore, the Checklist was
developed to assist the inspector in addressing all the components of the AHERA Schools Rule. Of
course, there will likely be some unavoidable follow-up activities to complete the inspection process (see
Chapter IX, ,A, Follow-up).
C. SUMMARY OF CHECKLIST SECTIONS
The Comprehensive AHERA Inspection Checklist provides detailed guidance to the AHERA inspector
on what to look for (and ask for) during an AHERA inspection. All key enforceable provisions of the
AHERA Schools Rules are covered by the Checklist. The Checklist contains four sections pertaining
to:
• Inspecting the management plan at the LEA administrative office;
• Inspecting school management plans at school buildings (this management plan review takes
place in the school administrative office). This section of the Checklist will also require a
walk-through inspection of selected schools within the LEA;
• Determining compliance with AHERA response action provisions; and
• Determining compliance with AHERA exclusion provisions.
The contents of each of the four sections of the Checklist are summarized below.
1. Inspecting Management Plan at the LEA Administrative Office
This summary pertains to the LEA section of the Checklist (Appendix D, pages 1-5), which asks for
information that may be obtained from a detailed review of a representative management plan at the LEA
administrative office (as well as a review of the other management plans at the LEA), examination of
Region files, and the opening conference. (See Chapter VIII, B, for guidance on using this section of
the Checklist.) After obtaining background data from regional files (e.g., whether there were any
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citations previously issued to the LEA), and completing the relevant portion of this section of the
Checklist, the inspector will complete the remainder of the LEA portion of the Checklist at the LEA
administrative office. The inspector should keep in mind that, on occasion, a LEA may hire more than
one management planner. In such cases, the inspector should conduct a detailed review of a
representative management plan from each management planner. Also, the inspector should review the
other management plans from each management planner to verify that data required to be included in the
plan are included. Therefore, the inspector must make a sufficient number of copies of this section of
the Checklist so that s/he can complete one copy for each management planner.
The following information should be obtained at the LEA and be used to complete the LEA section of
the Checklist:
• Data on the LEA generally, as obtained from the Designated Person during the opening
conference conducted at the LEA administrative office. Such information will include the
number of school buildings, students, and employees within the LEA, and more (see Chapter
VII, B, Entry and Opening Conference);
• Date and docket number of inspection, compliance inspector's identification number and
signature, schools selected for inspection, reason for inspection (for cause or random/neutral
selection: see Chapter IV, Section B), opening and closing conference participants;
• Whether general LEA responsibilities under AHERA have been met;
• Information on the management planner, including name, address, and accreditation number,
and the date the management plan was prepared;
• Whether the AHERA-required components are included within the management plans for the
particular LEA. The inspector should keep in mind that, for the most part, management plans
are generic in format. Therefore, the inspector may review a single management plan at the
LEA administrative office to determine whedier the management planner adequately
documented the information required by §763.93 of the AHERA Schools Rule to be included
in management plans; and
• Data concerning the closing conference (since both the opening and closing conferences
typically take place at the LEA office, both conferences are included in the LEA section of the
Checklist).
2. Inspecting School Management Plans at School Buildings
This summary pertains to the school section of the Checklist (Appendix D, pages 6-12) which is intended
for completion at the school(s) selected for inspection at the LEA. (See Chapter VIII, C, for guidance
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on using this section of the Checklist.) The inspector will need to complete one copy of the school
section of the Checklist for each school inspected. (For example, if three schools are selected for
inspection, three copies of the school section of the Checklist must be completed, one for each school).
Therefore, the inspector should make a sufficient number of copies of this section before the inspection.
Completing the school section of the Checklist is much like completing the LEA section. The inspector
must review the individual management plan (i.e., the one pertaining to the school being inspected) at
the school administrative office and ask questions of knowledgeable LEA and/or school staff. The school
section of the Checklist contains one unique element: the requirement for a walk-through inspection of
each school selected for inspection in the LEA. To complete this section, the inspector should conduct
a walk-through inspection of each selected school using the "AHERA Walk-Through Inspection Form,"
which is part of the Checklist (see Appendix D, page 12). For a commentary on the purpose of the walk-
through inspection and guidance on how to conduct this inspection, see Chapter VIII, C, 3.
In sum, the school section of the Checklist requires, for its completion, a combination of activities: a
review of the relevant management plan, interview(s), and a walk-through inspection. This section of
the Checklist contains general information on the particular school to be inspected, including the buildings
within the school, the grade levels at the school, and construction dates of school building(s). Other data
asked for in the school section include the following: i
Names and titles of LEA/school representatives who accompany the EPA inspector on the
inspection;
Name, accreditation number and State, and course provider for the person who conducted the
LEA AHERA inspection (or reinspection, if this is the case) of the school, and the name and
address of the inspector's employer;
Whether the LEA AHERA inspector met the requirements under AHERA pertaining to the
contents of the inspection (or reinspection) report, and the requirements concerning bulk
sampling and assessment;
Whether the laboratory that conducted bulk sample analysis in the school(s) met the
accreditation requirements of the AHERA Schools Rule; and
Whether regulatory requirements (required of the LEA) were met at the particular school being
inspected: notification; training; periodic surveillance; warning labels; operations and
maintenance; and recordkeeping.
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3. Determining Compliance with AHERA Response Action Provisions
This summary pertains to the response action section of the Checklist (Appendix D, pages 13-15). This
section of the Checklist may be completed by reviewing the management plan and associated records at
the school where the response action is being or has been conducted and obtaining necessary
documentation from contractors engaged by the LEA to design and conduct the response actions. (See
Chapter Vm, D, for guidance on using this section of the Checklist.) The section need not be completed
unless a response action has been conducted at the school being inspected. For the most part, this section
of the Checklist entails determining compliance with provisions of §763.90 (response actions, including
accreditation, visual inspection, and aggressive sampling requirements) and §763.91(c) (initial cleaning).
The section should_be_completed once for each response action in each school inspected. (For example,
if there are three school buildings in the school, with two response actions in each, the inspector should
complete six copies of the response action section of the Checklist.) Therefore, the inspector should
make as many copies of the response action section of the Checklist as are necessary, in advance of the
inspection.
The response action section of the Checklist contains information pertaining to:
• The particular response action conducted within the school being inspected, including:
- type of response action (e.g., encapsulation, enclosure, removal, O&M, repair);
— location of response action in school;
- type and amount of ACBM involved (e.g., surfacing/TSI/miscellaneous and square/linear
feet);
— start and completion dates of response action;
— name of contractor conducting response action; and
The inspector should keep in mind that if school employees, as opposed to contractors,
are conducting the response action, the inspector should determine compliance with
the EPA WPR (40 CFR 763.120; see Chapter 4, C). The WPR inspection is
conducted pursuant to separate EPA guidance and checklists. The inspector should
speak to appropriate supervisors and program offices concerning WPR inspections.
• Whether LEA/school responsibilities concerning response actions have been met, including
those pertaining to accreditation, initial cleaning, visual inspections, and more;
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• Whether "other person" requirements have been met, including those pertaining to the
abatement contractor, air monitoring contractor, and laboratory.
4. Determining Compliance with AHERA Exclusion Provisions
(need only be completed if the LEA has claimed an exemption)
This summary pertains to the exclusion section of the Checklist (Appendix D, pages 16-18). This section
of the Checklist only needs to be completed when the LEA claims it meets exclusion requirements under
§763.99 and may be completed by reviewing the management plan at the school being inspected. (See
Chapter VIII, E, for guidance on how to use this section of the Checklist.) The inspector should
complete one copy of the exclusion section of the checklist for each school inspected. (For example, if
the inspector conducts three inspections, three copies of the exclusion section should be completed.)
Therefore, the inspector should make a sufficient number of copies of this section before conducting the
inspection.
The exclusion section of the Checklist asks for information concerning:
• The identification of friable ACM before December 14, 1987;
• The identification of nonfriable ACM before December 14, 1987;
• Whether a determination was made that no ACM was present prior to December 14, 1987;
• Whether a determination was made by a State lead agency, under a waiver, that no ACBM is
present;
• Whether a determination made before December 14, 1987, that suspected ACBM is assumed
ACM;
• The absence of ACBM in areas where asbestos removal operations were conducted prior to
December 14, 1987; and
• The existence of a certification that no ACBM was specified as a building material for building
constructed after October 12, 1988 [§763.99].
D. NESHAP AND AHERA REFERRAL FORMS
Two forms are appended to this manual: the Abbreviated NESHAP Compliance Referral Form and the
Abbreviated AHERA Compliance Referral Form (see Appendices G and H). The NESHAP referral form
is intended to be used by the AHERA inspector while conducting an AHERA inspection. The AHERA
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inspector should make note on the form of any potential NESHAP violations (as determined by the
questions on the form) and submit the form to his/her supervisor for referral to NESHAP enforcement
staff. Likewise, the AHERA referral form is to be used by the NESHAP inspector while conducting a
NESHAP inspection. If the NESHAP inspector discovers potential violations of AHERA during the
course of the NESHAP inspection, the inspector should complete the form and submit a copy of the
completed form to his/her supervisor for referral to appropriate AHERA enforcement personnel.
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CHAPTER VII. PREPARING FOR THE AHERA INSPECTION
Prior to conducting an AHERA inspection, the inspector should ensure that s/he is well-prepared to visit
the inspection site and is familiar with the compliance background and other details concerning the LEA,
and school buildings within the LEA, to be inspected. The discussion that follows should assist the
inspector in preparing for the inspection, as well as in actually conducting the AHERA inspection (and
utilizing the Checklist).
This chapter addresses the following topics: the purpose of various pre-inspection activities that should
be undertaken and guidance on performing those activities.
A. PURPOSE
The purpose of preparing for the AHERA inspection is to ensure that the AHERA inspector is able to
conduct an efficient and thorough inspection and collects enough information to verify compliance with
AHERA, including enough evidence of potential AHERA violations to assist Case Development Officers
(CDOs) at EPA, or in the State, in the development of necessary enforcement actions. Preparation can
be accomplished through the procedures discussed below.
' ! •
The objectives of pre-inspection preparation are to: ;
• Become knowledgeable about the LEA to be inspected, including its AHERA compliance
history and the characteristics of the LEA itself, such as size, physical layout, numbers and
ages of school buildings, and numbers of employees and students, etc..I
• Determine what documentation or other evidence should be collected during the inspection.
• Decide what the scope of the inspection will be (i.e., will it require the use of all sections of
the Checklist, or will it encompass only one section of the Checklist, such as response actions),
which should be decided by the inspector and his/her supervisor before the inspection begins.
The scope may however, change, during the inspection. (For example, the inspector may
decide, after consulting with regional management, to conduct an inspection using all sections
of the checklist, rather than to conduct an inspection using one or two sections, based on the
particular circumstances of the inspection).
• Decide how many school buildings will be inspected (see Chapter IV).
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B. PRE-INSPECTION ACTIVITIES
Before traveling to the inspection site, the inspector should prepare for the inspection by taking the time
to review records and other data already contained in the Region files pertaining to the LEA selected for
inspection. The inspector should also take other preparatory steps prior to conducting the inspection,
including meeting with the Regional AHERA Coordinator (RAC), coordinating inspection activities with
other EPA program offices, and notifying the LEA. Each of these steps is discussed below.
1. Review EPA Records on LEA
Before reviewing EPA records on a particular LEA for compliance information and other data, the
inspector should obtain general information on the LEA to be inspected for background purposes. A
good source of these data is the Quality Education Data (QED) School Guide, copies of which should be
available in EPA Region offices. The QED contains statistical information on public and private, non-
profit LEAs by State, including LEA address, enrollment, number of school buildings, and names of
personnel. (It should be noted that there may be additional buildings covered by AHERA that are not
identified in the QED. Therefore, the inspector should ask the Designated Person for a list of all school
buildings within the LEA. The inspector may want to attach this list to the Checklist.)
The inspector should also check the local telephone book for the area in which the LEA is located to
obtain addresses of other buildings leased, owned, or otherwise used by the LEA as school buildings,
including sports stadiums, outreach program centers, alternative education buildings, and churches.
After obtaining background information on the LEA, the inspector should conduct a thorough review of
EPA files pertaining to the LEA. EPA records may contain information that is helpful to the inspector
and Region management in making decisions regarding the scope of the inspection, what documentation
should be collected at the LEA and school administrative offices, and which provisions of the AHERA
Schools Rule may be problematic, from a compliance perspective, for the particular LEA. In addition
to reviewing records at the Region (or State) office, the inspector may want to discuss the LEA to be
inspected with other EPA (or State) personnel who have knowledge about the particular LEA, to obtain
information that may not be available in EPA files. The inspector should review Region files for the
following information on the LEA to be inspected:
Data on 1982 Asbestos in Schools Rule compliance: the 1982 rule (40 CFR 763.100) required
LEAs to identify friable ACM in school buildings, sample and analyze ACM, post notice of
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results of inspection and analysis, provide warnings on associated health effects and instructions
on avoiding exposure, and notify parent-teacher associations of inspection results.
• Previous inspections and enforcement actions: the inspector should make note of the dates of
any previous AHERA and/or NESHAP inspections, whether any NONs or civil complaints
were issued to the LEA and/or contractors engaged by the LEA to perform AHERA-related
activities, whether any tips or complaints were received by EPA concerning the LEA or its
contractors, and settlement conditions relating to the LEA and its AHERA activities.
• Technical assistance: examine any correspondence that may have been exchanged between
EPA and the LEA, paying attention to potential AHERA compliance problems raised in the
correspondence.
• ASHAA: check the records to see if the LEA is the recipient of ASHAA grants or loans,
which would indicate that response actions have been or are being conducted at the LEA.
• Asbestos notification, including NESHAP and WPR: NESHAP requires the owner or operator
of a facility that contains RACM (e.g., the LEA) to notify EPA prior to disturbing the ACM
through demolition or renovation activities.
• Referrals: these may be from other Federal or State agencies and may concern AHERA,
worker protection under either EPA's Worker Protection Rule [§763.120] or the Occupational
Safety and Health Administration's (OSHA) construction industry asbestos standard (29 CFR
1926.58), or NESHAP. Such referrals may contain information helpful to the inspector in
making decisions concerning the upcoming AHERA inspection of the particular LEA.
• ACTS: the Asbestos Contractor Tracking System (ACTS) maintains and tracks information
concerning asbestos demolition and renovation contractors, notifications, and landfills receiving
asbestos wastes under NESHAP. It is designed for use by State and local air pollution agencies
and EPA Region officials.
• FTTS: the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and TSCA Tracking
System (KITS) tracks enforcement cases and administrative actions under FIFRA and TSCA,
including TSCA Title II-(AHERA), for all inspections and violations under these laws.
• NARS: the National Asbestos Registry System (NARS) stores compliance history pertaining
to the owners and operators of demolition and/or renovation operations under the asbestos
NESHAP (see Chapter IV, D, on NESHAP).
2. Meet with Regional Asbestos Coordinator
The inspector should meet with the RAC in the Region to discuss information obtained from the EPA
files concerning the LEA to be inspected and to make decisions concerning the scope of the inspection.
The RAC and the inspector should determine, in advance of the inspection, the scope of die .inspection
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(i.e., comprehensive or focused). Basically, it is left to the discretion of each Region to make this
determination (see Chapter IV for more information).
3. Coordinate Activities with Other EPA/State Offices
To increase the efficacy of the AHERA inspection and to encourage the sharing of compliance and
enforcement information among offices at EPA (and within the State where a particular LEA is located),
the inspector should try to contact such offices in advance of each intended AHERA inspection so that
various asbestos-related activities and inspections may be coordinated (e.g., NESHAP and AHERA).
Therefore, prior to conducting the AHERA inspection, the inspector should notify such other offices
(e.g., NESHAP) of the intended inspection, including the schedule for the inspection. When contacting
NESHAP staff, the inspector should mention that any potential NESHAP violations discovered during
the AHERA inspection will be referred to NESHAP, using the Abbreviated NESHAP Compliance
Referral Form (see Appendix G). Conversely, when NESHAP inspectors conduct inspections under
NESHAP, they should complete the Abbreviated AHERA Compliance Referral Form (see Appendix H).
4. Gather Necessary Equipment and Materials for Inspection
The inspector should gather any equipment necessary for the inspection. Some equipment, such as
ladders, are probably available for use at the LEA. Therefore, the LEA representative should be
requested in advance to have such equipment available (see below, 6, on Notifying the LEA in Advance
of Inspection). Equipment that typically is taken by the inspector to the inspection site includes the
following:
• Tape measures
• Flashlight
• Camera and film with flash attachment
• Video camera with light
• Clipboard
• Chalk board (to be used to note the location of suspected ACM identified during walk-through;
see Chapter VIII, C, 5, on "Walk-Through") and
• Screwdrivers (standard and phillips).
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The inspector may also take the following materials along during the inspection of the LEA:
• Photocopy of applicable pages of current QED;
• Photocopy of technical assistance file pertaining to the LEA to be inspected (see discussion
above on EPA records review);
• Copy of NESHAP notification (if any submitted);
• Copy of consent agreement and inspection report pertaining to 1982 Schools Rule (see
discussion above on EPA records review);
• Literature for LEA (e.g., copy of AHERA, NESHAP, EPA, and OSHA asbestos-related
worker protection rules, other public information publications) (see Appendix J, Reference List
for suggested literature); and
• Current list of accredited contractors and course providers.
5. Fill In LEA Background Data on Comprehensive Checklist
As background information is obtained from the QED, other program offices, and files, the inspector
should begin filling in data on the LEA portion of the Checklist, pertaining to general background of the
i
LEA. That is, information obtained during records review at the Region office, and data relating to the
reason for the inspection, should be reflected in the appropriate places on the LEA section of the
Checklist (e.g., pages 1 and 2, asking for LEA name and address. Superintendent's name, schools to be
inspected within the LEA, telephone appointment data, and reason for inspection).
6. Notify the LEA in Advance of the Inspection
It is recommended that the compliance inspector notify the LEA of a planned inspection at least 5
working days prior to the date of inspection, requesting access to the LEA, schools within the LEA,
management plans at the LEA (and school) administrative offices, and records pertaining to asbestos
activities. However, the inspector should refer to regional procedures on standard operating procedures
concerning how much notice is typically provided in the Region. With respect to requesting access to
a school's management plans, the insepctor is required, under the AHERA Schools Rule [§763.93(g)(3)],
to provide 5 days advance notice to allow the school to make the management plan available for
inspection.
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If the compliance inspector decides, in accordance with the particular Region's policy, to provide advance
notice of the inspection generally, the subject matter of this notice should include the items listed below.
The notice may be made by telephone or in writing. If the initial notice is by telephone, the inspector
should send the LEA a follow-up letter confirming the subject matter of the call, including the date and
time of the scheduled inspection. The notice and the follow-up letter should address the following items:
•
• The purpose of the inspection.
• The equipment needed during the inspection.
• Access to a copying machine and ladders.
• Confirmation of the availability of the Designated Person throughout the inspection. This is
particularly critical since under the AHERA Schools Rule [§763.84] the Designated Person is
the person who must ensure that all requirements of the rule are being met by the LEA. If the
Designated Person cannot be available during the scheduled inspection, the AHERA inspector
should consider rescheduling for a time when the Designated Person will be available; the LEA
should be so notified of this fact.
• Discussion of the fact that the LEA must allow access to all parts of all school buildings and
to all management plans and related records (including those identified below).
• A request for a list of all school buildings under the LEA's authority (the QED may not always
be up to date).
• A request that a room or area of the administrative building or offices be set aside for the
purposes of reviewing the management plans and for the opening and closing conference.
• A request that the school(s) selected within the LEA for inspection allow a member of the
maintenance staff to accompany the inspector during the inspection. This request should make
clear that the school is not required by AHERA to provide such a guide but that it could help
to make the inspection process more efficient.
r
Some of the records the inspector may want to review relating to AHERA, and which the advance
notification should request be made available (if the LEA has any), include:
• Correspondence among LEA, schools, States, abatement contractors, and EPA
• Building specifications
• Contractual statement(s) of work
• Management plans
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• Laboratory reports
• Logbooks pertaining to the 2 and 14 hour training requirements
• All notifications required under AHERA Schools Rule
• Accreditation certificates
• exclusion statements under Section 763.99 (if appropriate).
• Time sheets.
The inspector should keep in mind that the advance notice discussed above and required under Section
763.93(g)(3) is separate from, and in addition to, the requirement for written notice of inspection under
Section 11 of TSCA (see Chapter V, A, 3).
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CHAPTER VIII. CONDUCTING THE AHERA INSPECTION
This chapter provides guidance on conducting the AHERA inspection, from the opening conference
(including the interview with the Designated Person and the detailed review of a representative
management plan at the LEA [as well as the review of the other plans]), to reviewing management plans
at selected school buildings, inspecting the school buildings themselves (i.e., conducting the walk-
through), and the closing conference. (See Chapter DC for guidance on follow-up activities and writing
the inspection report.)
Throughout this chapter, guidance is provided to the inspector on completing relevant portions of the
Checklist (Appendix D). The inspector should refer, as necessary, to the Checklist while reading this
chapter. In addition, the inspector should review Chapter VI, which summarizes the contents of the four
basic sections of die Checklist (LEA, School, Response Action, and Exclusions sections).
A. OPENING CONFERENCE
Immediately upon arrival at the LEA Administrative Office, the inspector should conduct the opening
conference. During the conference, the inspector should accomplish the following:
• Present credentials and the Notice of Inspection;
• State the reason for die inspection (this should be stated in general terms, avoiding any mention
of potential violations, or penalties);
• Summarize the AHERA inspection process and schedule;
• Inform the participants that the inspector will need access to all management plans and records;
• Remind participants of the need for access to a copying machine and a room or area widiin the
LEA administrative office (and school buildings) where the inspector can review management
plans (see Chapter VII, on advance notification letter to LEA);
• Invite participants, and any other interested persons, to attend the closing conference (see
Section F below), and provide the date and time of the conference;
• Briefly mention the purpose of the Receipt for Samples and Documents and die Summary of
Observation forms and that the LEA will receive a copy of such forms (see discussion on
closing conference for details on these forms; this chapter, F);
• Identify the school(s) to be inspected, and provide tentative date(s) and time(s) of inspection;
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• Answer questions from, and present information to, participants concerning AHERA and the
inspection (these schools may change once the inspector is at the LEA site; for example, if a
response action has recently occurred, the inspector may wish to inspect that building); and
• Obtain general background information on the LEA by interviewing the Designated Person (see
below). Make sure to add the data obtained from the Designated Person on the LEA section
of the Checklist (pages 1-5) (see discussion below on interviewing the Designated Person).
TIPS FOR CONDUCTING OPENING CONFERENCE
The inspector should do the following during the opening conference:
• Try to establish a good rapport with LEA officials, especially the Designated
Person.
• Be prepared to answer questions concerning AHERA, the AHERA Schools
Rule, and inspection procedures, and to provide copies of the rule and other
EPA guidance materials relating to AHERA upon request.
• Acknowledge, up front, that the inspection may cause some disruption to the
daily routine at the LEA and its school buildings and that every attempt will be
made to keep any disruptions to a minimum.
• Listen carefully to questions and concerns from LEA representatives about the
inspection, and try to address them.
• Bear in mind that schools originally selected for inspection may change based
upon information discovered at the LEA or the school within the LEA.
• Be aware that s/he may need to complete all four sections of the Checklist,
which are:
— inspecting the management plan at the LEA administrative office;
— inspecting school management plans and school buildings (e.g., conducting
the walk-through inspection of selected schools within the LEA);
— determining compliance with AHERA response action provisions; and
— determining compliance with AHERA exclusion provisions.
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The inspector should explain to attendees that copies of documents (e.g., management plans [§763.93]
and associated records [§763.94]) may need to be made during the inspection for use in the compliance
inspection report. The inspector should inform attendees that s/he may take photographs during the
course of the inspection.
The inspector should answer any questions that the conference attendees have and provide names and
telephone numbers of other appropriate EPA personnel who can be contacted for additional information.
The inspector should record the names and titles of all participants at the opening conference on the LEA
section of the Checklist pertaining to the opening conference (Appendix D, pages 1-2).
Interviewing the Designated Person
During the opening conference, the inspector should obtain background information from the Designated
Person concerning the LEA and its school buildings. The knowledge that the Designated Person has
concerning AHERA-related activities in the school buildings may provide critical information on what
records, management plans, and areas of school buildings should be inspected.
The inspector should ask the Designated Person tor the information necessary to complete the LEA
section of the Checklist preceding the opening conference questions (i.e., Appendix D, pages 1-2). These
general background questions concern the number of schools within the LEA, number of students and
employees, and more. The inspector should also continue to page 3 of the Checklist and ask the
Designated Person the questions pertaining to general LEA regulatory requirements (e.g., whether the
Designated Person received training pursuant to §763.84(g)(2), etc.).
B. INSPECTING MANAGEMENT PLAN AT LEA ADMINISTRATIVE OFFICE
After obtaining basic information on the LEA from the Designated Person, the inspector should review
one management plan while at the LEA administrative office. Ensure that all records required to be kept
by the LEA (i.e., those required under §763.93 and related records required under §763.94) are made
available for review while the inspector is at the LEA office (some records may not actually be kept with
the management plan). Request mat the LEA representative obtain these records from the secretary or
other appropriate person. School management plans are, for the most part, fairly generic in format.
Therefore, it is recommended that the inspector review one plan in detail from those maintained at the
LEA administrative office to determine whether the management planner for that LEA adequately
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documented the information required to be included in a management plan by §763.93. The inspector
should review the other plans, too, to verify presence of the required data. Inspectors should note that
sometimes a LEA uses more than one management planner. If this is the case, the inspector should
review, in detail, one plan prepared by each management planner to determine the adequacy of the plans
prepared by each planner. In addition to the detailed review, the inspector should examine the other
management plans from the different management planners to verify the presence of required data.
During the review, the inspector should complete all questions in the LEA section of the Checklist
pertaining to the contents of the management plan. The inspector should begin the review by identifying
on the Checklist the name, accreditation number, etc., of the management planner. The inspector should
proceed item-by-item to locate the required contents of the management plan as listed on the Checklist.
(However, the inspector should leave the closing conference questions unanswered until that conference
is held.)
C. INSPECTING SCHOOL MANAGEMENT PLANS AND SCHOOL BUILDINGS
After reviewing the management plans at the LEA administrative office to determine whether the
management planner included in the management plans the "quantitative" requirements of §763.93
(management plans), the inspector should review the management plan at each school selected for
inspection and conduct a "walk-through" inspection of each school whose management plan is reviewed.
(The management plan review and walk-through inspection are treated separately in this chapter.)
The inspector should inspect such management plans and school buildings, one building at a time.
Throughout the management plan review and school walk-through inspection process, the inspector
should, of course, be completing the school section of the comprehensive Checklist. Therefore, all
references to the Checklist in this part of Chapter VIII refer only to the school section of the Checklist,
(pages 6 to 12) unless otherwise noted. Finally, the inspector should complete one copy of the school
section for each school inspected in the LEA.
This part of the inspection (i.e., of management plans at schools within the LEA and of the selected
school buildings [which are part of the schools] themselves) is the "qualitative" part of the inspection
process (whereas the review of the LEA management plan is "quantitative"). During this stage^the
inspector should determine such things as whether the LEA inspector properly identified all homogeneous
areas of suspect friable and non-friable ACBM; whether proper sampling was conducted, in terms of
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numbers of samples and locations; and whether response actions, if any were conducted, were completed
in accordance with the AHERA Schools Rule. The inspector should make these determinations,
completing relevant portions of the Checklist, by conducting the "walk-through," reviewing school
management plans, and interviewing school staff and employees, as necessary.
TIPS FOR INSPECTOR UPON ARRIVAL AT SCHOOL
Upon arrival at a school selected For inspection, the inspector should do the following:
• Enter the facility through main entrance unless the LEA designates a different
entrance.
• Present credentials to school representative(s) (although presentation is only
required to be made at the LEA site; see Chapter VI, A, 3).
• Request that the school representative^) be the liaison between the school
inspector and the employees (e.g., teachers, custodians) as necessary during the
inspection.
• Establish a rapport with the secretary at the school, as this person will likely be
of the most assistance to the inspector concerning the location of the
management plan and associated records.
• Request a quiet room or area in the school to use to review the management
plan.
• Ensure that all required management plan records (i.e., records required under
§763.94: "living documents") are available for review as they are sometimes
stored separately from the management plan.
• Request that a member of the school's maintenance (or custodial) staff
accompany the inspector on the iaspection.
• Request a copy of the floor plan of the school for use during the walk-through.
• Ensure that all necessary equipment for conducting the inspection is on hand
(e.g., a ladder for looking above drop ceilings, etc.) (see Chapter V, for
suggested equipment list).
Details concerning these tips follow.
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Upon arrival at the school to be inspected, the inspector should speak to the school representative (e.g.,
the principal or assistant principal) concerning the intended management plan review and "walk-through"
inspection. Credentials may be presented at this time (or at any time, if requested) to the school
representative. The inspector should request the use of a quiet room or area in the school to review the
management plan. The inspector should also ensure that all records pertaining to the management plan
(i.e., those required under §763.94, which pertain to such things as preventive measures and response
actions, training, and periodic surveillance) are available at the school for review (see discussion below,
1, on "living documents") as these records are sometimes stored separately from the management plan.
The secretary at the school is likely to be a good source of information pertaining to the location of such
plans and records, and the inspector should request that the school representative obtain these records
from the secretary or other appropriate person.
In addition to requesting access to needed records, the inspector should request the accompaniment of one
of the school's maintenance staff (or custodial staff, if a maintenance person is not available) during the
"walk-through" inspection of the school (which will take place after the inspector reviews the school's
management plan). A maintenance staff member is preferable to a custodial staff member because the
duties of the maintenance person require knowledge of and ability to maintain in good condition the
mechanical systems in the school building. Such knowledge can be very useful to the inspector, who
should inspect areas such as boiler rooms, mechanical areas, and more during the "walk-through"
inspection.
The inspector must keep in mind that neither the LEA nor the school is required by AHERA or the
AHERA Schools Rule to provide a guide to the inspector. However, the inspector should inform the
school official or representative that such a guide may make the inspection process run more efficiently,
since the guide will likely be more knowledgeable about the school than the inspector. (See Chapter V
on notifying LEA in advance of the inspection of request for guide.) The inspector should also request
from the school official a copy of the school floor plan for use by the inspector during the walk-through
inspection (see 2, below).
1. Reviewing Management Plans at School(s)
The inspector will need to review each individual school's management plan and associated records (i.e.,
those required under §763.94) while completing the relevant data on the Checklist. The inspector should
begin by obtaining background information on the school (see page 6 of Appendix D, addressing the
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number of buildings within the school, grade levels taught at the school, construction dates of school
buildings, etc.), some of which can be obtained from the school secretary, and filling in the pertinent data
on the Checklist. Next, the inspector should complete the Checklist questions under the heading "LEA
Requirements" (i.e., notification, training, and periodic surveillance). (These questions are on page 7,
and page 10 of Appendix D.) The data necessary to completed these questions can be obtained by
reviewing the school management plan and asking questions of appropriate staff (for example, ask
custodial and maintenance staff about whether they have received required training under §763.92).
The inspector should also answer the recordkeeping questions on the Checklist (page 10 of Appendix D).
These pertain to records that must be retained under §763.94 and are referred to as "living documents."
The inspector should be aware that such records must be part of the school management plan and that
the AHERA Schools Rule requires that management plans and associated records that are part of such
plans be maintained in both locations, that is, the LEA administrative office and the school. Therefore,
the inspector should check the school management plan for such records, or ask the school representative
for the records (since there is no requirement that the records actually be attached to the management
plan).
These living documents are those that must be constantly updated by the school, as necessary, and that
represent an ongoing responsibility of the school. For example, under training requirements [§763.92),
maintenance and custodial employees must have the requisite number of hours of training. Section
763.94 requires that records on such training be maintained (e.g., name and title, date and location of
training, and number of hours of training). The inspector should verify that these requirements have been
met. The inspector should check not only to ensure that-the recordkeeping requirement was met, but also
that the employees were actually trained (for example, the inspector may ask employees whether they
have, in fact, received required training).
The inspector should keep in mind that verifying some of the data may require follow-up activities after
completion of the inspection. For example, §763.94 requires records to be maintained each time a
"major asbestos activity" (i.e., one other than small-scale, short-duration) is performed, including
documentation of accreditation number of each person performing the activity. Therefore, the inspector
may want to contact the consultant who performed the activity and request employee accreditation records
(See Chapter IX, A, for discussion on follow-up activities).
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The remainder of the school section of the Checklist will be completed after the inspector conducts a
"walk-through" inspection of the school (see 2, below, on conducting a walk-through inspection). These
remaining questions in the school section pertain to inspections and reinspections (see Appendix D, pages
7-9). The requirements governing the scope of inspections [§763.85(a)J are different from those applying
to reinspections [§763.85(b)l. However, the contents of the management plan are the same for both
inspections and reinspections (§763.93(e)(3)]. Such items include the date of inspection/reinspection and
descriptions of sampling method(s) and location(s). (See below for a discussion on the general differences
between a reinspection and an inspection, and how the inspector will determine compliance with each.)
Inspection Versus Reinspection Under the AHERA Schools Rule
Under §763.85(a), the LEA must conduct an inspection of each school building it leases, owns, or
otherwise uses as a school building. The LEA inspector must also take other actions, including visually
inspecting each area of such buildings; touching all suspect ACBM to determine friability; identifying
homogeneous areas; etc.
In order to conduct an inspection to determine compliance with the requirements discussed above, the
EPA (or State) inspector should review the management plan for the particular school where the
inspection was conducted and conduct a walk-through inspection of the school (see this chapter, 2). That
management plan must contain the LEA inspection report required under §763.93(e)(3). The inspector
should compare the contents of this report with the Checklist to determine compliance.
Reinspections
Under §763.85(b), the LEA must, at least once every 3 years after a management plan is in effect,
conduct a reinspection of all friable and nonfriable known or assumed ACBM in each school building that
it leases, owns, or otherwise uses as a school building. Since July 9, 1989, was the latest date by which
a LEA could implement its management plans [§763.93(c)], the first round of reinspections would need
be completed on or before July 9, 1992. If a management plan was implemented prior to July 9, 1989,
the first reinspection would have to be conducted within 3 years of that earlier date. (For example, if
a management plan was implemented on January 30, 1989, the reinspection would need to be completed
by January 30, 1992).
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The person who conducts the reinspection for the LEA must be accredited [§763.85(b)(2)]. During the
reinspection, the LEA's inspector is required to take such actions as visually inspecting and touching
ACBM previously considered nonfriable to determine whether it has become friable, and identifying
homogeneous areas with material that has become friable since the last inspection or reinspection.
Under §763.85(b)(3)(vii), the LEA's reinspector must include the following information in the
management plan:
• Date of the reinspection, name/signature of reinspector, State and number of accreditation,
changes in the condition of known or assumed ACBM.
• Locations where samples were collected during the reinspection, description of the manner used
to determine such locations, name/signature of each accredited inspector who collected samples,
State and number of accreditation.
• Assessments or reassessments of friable material, name/signature of the accredited inspector
making the assessment, and the State and accreditation number.
Section 763.85(b) requires, generally, that the scope of the LEA's reinspection encompass all known or
assumed ACBM identified during the original inspection (or subsequent reinspection). However, even
though there is no explicit requirement beyond reinspecting the materials discovered in the original
inspection, EPA strongly recommends that the EPA (or State) compliance inspector also attempt to
identify any ACBM that may have been overlooked during the original LEA inspection and subsequent
reinspections.
The EPA (and State) compliance inspector should review not only information pertaining to the original
inspection, but data concerning all subsequent reinspections, when conducting a compliance inspection.
The compliance inspector will need to review the original inspection and reinspection data to determine
compliance with AHERA. For example, since all ACBM discovered during a reinspection that has
become friable .since the original inspection must be identified in the reinspection component of the
management plan, the compliance inspector will have to ensure that subsequent reinspectors inspect such
materials too.
The compliance inspector should obtain copies of all reinspection reports and append them to the
Checklist, which will become part of the compliance inspection report for 'use by Case Development
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Officers (CDOs) in making enforcement decisions pertaining to the LEA. (See Chapter DC, B and C,
for details concerning the compliance inspection report).
For information concerning reinspections under AH ERA, refer to Appendix K, Reference List, Item 6,
"A Guide to Performing Reinspections under the Asbestos Hazard Emergency Response Act," February
1992.
2. Conducting the Walk-Through Inspection
Upon review of the management plan (at the school administrative office) and completion of the relevant
portions of the Checklist, the inspector should conduct a walk-through inspection of the school itself.
The purposes of conducting the walk-through inspection are as follows:
• To verify correctness of management plan information, such as appropriateness of sampling
and location description;
• To ascertain whether response actions were properly completed (e.g., whether there is any
remaining debris, residue, or dust);
• To identify all homogeneous areas of suspect friable and non-friable ACBM;
• To identify (based on information obtained during the above activity) which of the areas of
such suspect homogeneous ACBM were not included in the management plan by the LEA
inspector who conducted the AH ERA inspection pursuant to §763.85;
• To ascertain whether warning labels have been appropriately placed [§763.95]; and
• To perform random interviews with school staff to verify that the 2- and 14-hour training
requirements of §763.92 were met.
The inspector should use the AHERA Walk-Through Inspection Form (page 12 of Appendix D) during
the walk-through inspection, completing the items on the form as the inspection progresses (see
description of form below, 4). The inspector should also take the copy of the school section of the
Checklist (Appendix D, pages 6-12), the school floor plan provided by the school, as well as the field
logbook for note taking purposes. Basically, the inspector will be conducting a walk-through inspection
of the entire school (i.e., all buildings composing the school and all rooms) to identify all homogeneous
areas (discussed below) in each room to ascertain whether the LEA inspector (i.e., the inspector
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TIPS ON CONDUCTING THE WALK-THROUGH
The following is a list of tips on conducting an efficient walk-through:
• Take along the Checklist (at least the school section, including the walk-through
form, pages 6-12, of Appendix D); a copy of the school floor plan (to ensure
that all rooms and areas in the school are inspected); and a Held logbook to take
notes as necessary.
• Request to be accompanied by a member of the maintenance staff.
• Bring all necessary equipment (e.g., ladder, camera) (see Chapter 7, B, 4).
• Identify and record on the walk-through form all homogeneous areas (whether
suspect or not) including square or linear feet of such areas.
• Take any necessary photographs that may be helpful to EPA (and State) CDOs
in subsequent case development and enforcement efforts.
Details concerning these tips follow.
hired to perform the inspection under §763.85) failed to identify and/or to sample and assess as required
by the AHERA Schools Rule.
Prior to beginning the walk-through, the inspector should indicate on the Checklist the name and title of
each person who will accompany the inspector on the waJk-through (for example, the maintenance
supervisor). The inspector should also complete the information pertaining to the LEA inspector
(including accreditation number, course provider, etc.). If a response action has occurred at the school
building, the inspector should determine whether there is visible ACM debris in the area where the
response action occurred (§763.90(i) requires a visual inspection to be conducted by a person designated
by the LEA).
3. Homogeneous Areas
Under §763.85, the LEA inspector must "...for each area of a school building...identify all homogeneous
areas of friable suspected ACBM and...of nonfriable suspected ACBM." A homogenous area is defined
under §763.83 as "...an area of surfacing material, thermal system insulation material, or miscellaneous
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material that is uniform in color and texture." The AHERA Walk-Through Inspection Form was
developed with this definition in mind and is organized so that the inspector can use the form during the
inspection to identify each homogenous area, room by room.
4. AHERA Walk-Through Inspection Form
The form contains space for identification by the inspector of the following:
• The particular room or area (e.g., hallway, room) being inspected;
• The type of material (e.g., acoustical drop ceilings, 12" x 12" vinyl tile) of which each of the
homogeneous areas (i.e., ceiling, walls, floors, and thermal system insulation) within each
room or area is made;
• Whether the LEA inspector failed to identify each homogeneous area in the management plan,
whether such identification was "not applicable" (i.e., the material is not considered "suspect"
under AHERA), or whether the material is "new" (i.e., constructed or added after the
inspection by the LEA inspector); and
t
I
• The estimated square or linear footage of suspect ACBM in each homogeneous area missed by
the LEA inspector (for a list of "suspect" materials, see EPA's "Guidance for Controlling
Asbestos-Containing Materials in Buildings," and EPA's "100 Commonly Asked Questions
About the New AHERA Asbestos In Schools Rule," both listed as references in Appendix J).
' !
The space designated on the walk-through form for the inspector to estimate the square or linear footage
of each homogeneous area (e.g., ceiling, walls) of suspect ACBM overlooked by the LEA inspector iis
necessary because the amount of ACBM generally determines the extent of the violation, as described
in the ERP (see Appendix J, No. 5). Also, with respect to each homogeneous area of friable surfacing
i
ACBM not assumed to be ACM, the amount of such ACBM determines the number of bulk samples that
must be taken. For example, for each homogeneous area of suspect ACBM of surfacing material less
than 1,000 square feet, three bulk samples must be taken. The inspector should review the sampling
provision of the AHERA Schools Rule (§763.85) for information on sampling requirements (e.g., the
number of samples to take).
5. Using the AHERA Walk-Through Inspection Form During the Inspection
Before beginning the inspection, the inspector should examine the floor plan and decide which part of
the school to examine first, and in which order the rooms will be examined. The inspector should keep
in mind that the floor plan may not always match die description of the school contained in the
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management plan. Section 763.93(e)(3)(ii) requires that the management plan contain a blueprint,
diagram, or written description of all homogeneous areas. The inspector should clearly identify each
room on the floor plan or make such an identification in the field logbook (e.g., nurse's office). In this
way, the rooms and areas inspected can be compared with those identified in the management plan.
As the inspector examines a particular room or area in the school, all the data pertaining to that room
or area should be listed on the form. The inspector should repeat this process for every room and area
within the school. Therefore, the inspector should make enough copies of the walk-through form to allow
information on all rooms to be recorded.
Once the inspector has planned out the course of the inspection, a good starting point for conducting the
actual inspection is to refer to the maintenance (or custodial) staff member, if one has been provided by
the school. The inspector may ask to be guided around the school, starting with the boiler rooms and
other mechanical systems areas. The maintenance person will likely be the most knowledgeable person
in the school about how the heating and air conditioning system operates, including the location and
operation of return air ducts, and the location of pipes (water and others). Such information is germane
to the possible existence of thermal system insulation, which will need to be identified during the walk-
through.
While inspecting each room and area of the school, the inspector should identify all homogeneous areas,
whether suspect or not (even though the LEA inspector is only required under §763.85 to identify such
areas containing suspect ACBM), to ensure that the walk-through is complete. For example, the inspector
should determine whether a certain homogeneous area is not identified because it was simply overlooked
by the LEA's inspector, or because the area did not contain suspect material. Therefore, the inspector
should identify all homogeneous areas in the beginning and designate in the appropriate box on the walk-
through form "not applicable" where such materials are not suspect.
As the inspector checks each room, s/he should take notes on whether the school has met other
requirements under the AHERA Schools Rule, such as placing required warning labels [§763.95] in
routine maintenance areas. The inspector should write down such observations in the field logbook,
and/or directly on the CheckJist^_where appropriate.
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Throughout the inspection, photographs should be taken as necessary to document the location of
homogeneous areas of ACBM that the LEA inspector may have overlooked in the management plan. The
inspector should use a small chalk board to write down the number and name of the room in which such
homogeneous areas are identified; the inspector may then photograph the board next to the identified area.
(See Chapter VII, B, 4, on suggested equipment to bring to the inspection site.) The inspector may also
want to take note of whether any suspect material is friable. S/he should write this observation in her/his
field logbook.
6. Completing the School Section of the Checklist After Walk-Through
The main purpose of conducting the walk-through inspection is to ensure that homogeneous areas of
suspect ACBM are properly identified in the management plan. Therefore, the next step after inspecting
the school is to return to the management plan for that school (referring to the walk-through form as
necessary) and determine whether the LEA inspector identified all homogenous areas of suspect friable
or nonfriable ACBM (as required under §763.85) and included them in the management plan pursuant
to §763.93(e)(3)(ii).
As the inspector re-examines the management plan, noting whether the LEA inspector properly identified
each such homogeneous area of suspect ACBM, the appropriate data should be recorded on die Checklist.
This means that the inspector should answer the questions on the Checklist pertaining to the contents of
LEA inspection (Appendix D, page 7) or reinspection (Appendix D, page 9) reports, sampling, and
assessment. (See discussion above on inspections versus reinspections.)
The inspector should also complete the data pertaining to warning labels, O&M, and recordkeeping (see
Appendix D, page 10). The inspector should keep in mind that the questions concerning O&M only need
to be addressed if O&M activities occurred (e.g., small-scale, short-duration activities or minor fiber
release episodes). Also, questions pertaining to recordkeeping as it concerns preventive measures and
response actions need only be answered if such measures or actions were taken. If the inspector answers
"no" to this initial question, the remainder of the questions pertaining to such measures and actions need
not be addressed.
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D. DETERMINING COMPLIANCE WITH RESPONSE ACTION PROVISIONS OF AHERA
SCHOOLS RULE
If an inspection is conducted at a school that has conducted response actions, the inspector should ensure
compliance with AHERA Schools Rule §763.90(g) (accreditation of response actions supervisor, project
designers, and workers), §763.91(c) (initial cleaning), and 763.90(i) (activities at completion of response
action, such as visual inspection and aggressive sampling). To do this, the inspector should complete the
response action section of the Checklist (see Appendix D, pages 13-15).
TIPS FOR COMPLETING THE RESPONSE ACTION SECTION OF THE CHECKLIST
• Because this section of the Checklist needs to be completed only if a respoase
action occurred at the school to be inspected, the inspector should determine
first whether such a response action occurred. Therefore, s/he should review
the management plan for that school which, in accordance with §763.94(b)(l),
must contain descriptions of any response actions taken. Once it is determined
that a response action occurred, the inspector should follow the steps below, to
complete the response action section of the checklist.
Provide accreditation information pertaining to workers (see page 13, Part
A of Appendix D) by obtaining a list of the workers from the project
designer, LEA, or the abatement contractor during follow-up (see Chapter
IX, B).
Obtain the name and accreditation number of project designer from records
required to be kept under §763.94(b)(l).
Ascertain whether proper number of air clearance samples was collected
(see page 15, C, of Appendix D) by obtaining copies of drawings or
diagrams of functional spaces from the air sampling agency during follow-
up.
Obtain disposal records from LEA project designer or abatement
contractor.
Obtain answers to questions on the Checklist pertaining to laboratory
contractor responsibilities (page 15, D, of Appendix D) by reviewing
management plan records required under §763.94.
Details concerning these tips follow.
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Pursuant to §763.93 (e) (6), the school's management plan must contain a detailed description of preventive
measures and response actions to be taken in the school, including locations where such measures will
be taken, scheduling information, etc. According to §763.94(b)(l), the management plan must also
contain a description of response actions that were taken. The inspector should review the records to
determine what response actions were taken. The inspector should also obtain the documentation
(described below) from contractors who employed the workers, to assess compliance and complete the
response action section of the Checklist.
As to the general questions on response actions (e.g., location of response action, type and amount of
ACBM) in this section of the Checklist, the inspector should review the response action descriptions in
the management plan for the particular school in which the response actions were conducted. The
inspector should keep in mind that if response actions were conducted by school employees, a WPR
inspection (see Chapter IV, C) should be conducted, because the WPR extends the provisions of the
OSHA asbestos construction standards to State and local government employees engaged in asbestos
abatement work who are not specifically covered by OSHA. (See Chapter IV, C, above.)
The inspector should answer the questions in the response action section of the Checklist that pertain to
i
accreditation of persons who design and conduct response actions. The inspector should record the names
of the individuals on the worksheet (page 14 of Appendix D). (See Chapter IX, A, for tips on obtaining
follow-up information). Under §763.94(g), the LEA is required to keep a list of persons who conducted
response actions.
The LEA is required, pursuant to §763.94(b)(l), to maintain as part of its management plan a description
of response actions and preventive measures taken, including methods used, location of such actions
and/or measures, and the names and accreditation numbers of all contractors involved. Therefore, the
inspector should be able to obtain the name and accreditation number of the project designer from such
records.
The questions on the Checklist pertaining to air monitoring contractor responsibilities (page 15 of the
Checklist), which refer to die person designated by LEA under §763.90(i)(2)(i) to collect air samples,
can be answered by reviewing several sources of information. They include management plan records
required under §763.94(b)(2) and drawings obtained from the project designer or air clearance laboratory
during follow-up (see Chapter IX, A). During follow-up, the inspector should obtain copies of drawings
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and/or diagrams of functional spaces to ascertain whether the proper number of air samples was taken.
For assistance in answering both the questions pertaining to air clearance monitoring contractor and
laboratory contractor responsibilities, the drawings should tell the inspector how many air samples should
have been taken (for example, for analysis by phase contrast microscopy (PCM), a minimum of 5 samples
should be collected for each functional space).
For additional assistance in answering questions concerning laboratory contractor responsibilities, the
inspector should also review the management plan records pertaining to air sampling. These records
include data on the laboratory that analyzed the samples. These records are required under §763.94(b)(2)
to be made part of the management plan.
Finally, as discussed in Chapter VI, C, 3 the inspector should complete one copy of the response action
section for each response action within each school inspected. (Also see Appendix E, Inspector Tips.)
E. DETERMINING COMPLIANCE WITH EXCLUSION PROVISIONS OF AHERA SCHOOLS
RULE
The final section of the Checklist to be completed is the exclusion section. Exclusions are covered in
§763.99, which exempts LEAs from having to inspect a certain sampling area (as defined by §763.103
of the rule) or a homogeneous area of a school building where an accredited inspector has made any of
several determinations (e.g., that based on sampling records, friable ACBM was identified during an
inspection conducted before December 14, 1987). For every determination that excludes a LEA from
inspection requirements, there must be a statement to that effect included in the management plan.
Therefore, the exclusion section of the Checklist may be completed by reviewing the management plan
for the school. The inspector should complete one copy of this section for each school inspected within
a LEA that claims it qualifies for an exclusion. For a summary of the specific exclusions, see Chapter
VI, C, 4.
F. CLOSING CONFERENCE
The inspector should, at the conclusion of the inspection, conduct the closing conference. The closing
conference is the stage during which the inspector will take several important steps to formally end the
inspection process (excluding the follow-up activities and the inspection report, covered in Chapter IX).
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Prior to conducting the conference, the inspector should refer back to the LEA section of the Checklist
and supply the requested data concerning the closing conference, typically held at the LEA administrative
office. (The questions regarding LEA receipt of copies of the required closing documents [discussed
below] may be answered during the closing conference, when such documents are provided to the LEA.)
The inspector should also complete as much of the closing documents (i.e., the Receipt for Samples and
Documents and the Summary of Observations forms) as possible (see discussion of these forms below).
At the end of the closing conference, these documents will be presented to the LEA representative as
described below.
TIPS ON CONDUCTING CLOSING CONFERENCE
• Provide LEA with copy of Receipt for Samples and Documents.
• Provide LEA with a copy of Summary of Observations.
• Discuss Summary of Observations.
• Obtain copies of management plans components or other records needed by the
inspector as attachments to the iaspection report (see Chapter IX).
• Supply the Designated Person with a dated list of outstanding documents or
records that are not immediately available to the inspector—the inspector and
Designated Person should agree on a specific date for submission of outstanding
documents, and such a date should be identified in the list.
• Answer questions from the Designated Person and other attendees concerning
the iaspection and/or AHERA.
• Discass actions that the LEA may take to correct potential violations of AHERA
and explain how to document such actions.
• Provide public outreach information to such attendees if requested.
Details concerning these tips follow.
Before beginning the conference, the inspector should ensure that all persons the LEA invited to attend
are present. Such individuals may include the Designated Person, the Superintendent, Principal(s),
business officer, school board representatives, maintenance engineers, etc. Once the preconference
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preparation has taken place (see above), the inspector may begin the conference. Besides providing time
to answer any questions conference participants may have, the closing conference should include two
major actions/topics. Each is discussed in succeeding subsections.
1. Receipt for Samples and Documents
During the closing conference, the inspector must present a completed copy of the Receipt for Samples
and Documents form (see Appendix B), which when completed serves as an inventory of all documents
obtained during the inspection. (Neither bulk nor air samples are generally taken by AHERA inspectors.)
The list of documents obtained by the inspector should be prepared a few minutes prior to the conference,
in order to save time for the inspector and the attendees. The inspector should describe each document
(by title, total number of pages, and date, if applicable) on the form.
During the closing conference, the inspector should summarize the purpose of the form and its contents,
and obtain the signature of the Designated Person or other LEA official. The inspector should sign and
date the form in the presence of the conference attendees. The inspector should then provide the
Designated Person or other official with a copy of the form (the form contains carbons for this purpose).
The inspector should retain the original and other copies for Region files.
2. Presentation of Summary of Observations Form
The Summary of Observations form (see Appendix C) is intended to be used by the inspector to describe
potential "deviations" from AHERA provisions by the LEA, other persons, or both. As is stated on the
form, the intent is to bring to attention potential areas of concern regarding AHERA at the earliest
possible time. To save time, the inspector should complete the form (except for signature and the date)~
prior to the conference.
3. Discussion of Summary of Observations Form
The inspector should explain the purpose of the summary form to conference attendees. It should be
made clear that the form is not intended to be a comprehensive list of potential deviations of AHERA,
and that other items may be added or deleted at a later date. The inspector should also make clear that
the final determination as to whether such potential deviations of AHERA are, in fact, deviations, will
be made by EPA (or State) CDOs during the AHERA case review process. The inspector should be very
careful not to suggest that a civil penalty or other penalty will or will not ensue because of the inspection
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or items listed on the summary form. It is the responsibility of the CDO, not the inspector, to make
determinations of whether violations actually exist and to assess or seek penalties.
A separate form may be completed for each school within a LEA or the inspector may use just one
summary form, as long as it is clear which potential deviations pertain to which school buildings. Some
of the potential deviations that the inspector may identify are listed on the summary form. They include
the following:
• LEA failed to conduct an AHERA inspection pursuant to the AHERA Schools Rule;
• LEA failed to develop a management plan pursuant to the AHERA Schools Rule;
• LEA knowingly submitted false information to the Governor regarding an inspection report;
• LEA carried out removal/renovation activities while operating under a deferral;
• LEA knowingly submitted false information to the Governor regarding the deferral request;
• LEA failed to use accredited persons;
• LEA failed to provide initial or annual notifications to parent/teacher/employee organizations;
• LEA failed to notify short-term workers;
• LEA failed to conduct periodic surveillance;
• LEA failed to maintain required records;
• LEA failed to ensure proper completion of response action(s);
• LEA failed to provide training for Designated Person and/or for custodial or maintenance staff;
• LEA failed to post required warning labels;
• LEA failed to qualify for an AHERA exclusion; and
• Other potential violations.
Once the inspector has provided an explanation of the purpose and contents of the summary form, the
inspector should sign and date the form in front of the attendees. Finally, the inspector must provide a
copy of the form to the Designated Person, who also signs and dates the form as proof of having received
it. The inspector should note that the school or LEA representative (e.g., the Designated Person) is not
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required by the AHERA Schools Rule to sign the summary form, since the form is not an official EPA
form approved by the Office of Management and Budget.
The form is prepared in triplicate, with the original and the pink copies to be retained by the inspector
(one for the regional files and one for the inspector's own file). The second copy (yellow) should be
given to the Designated Person for the LEA's file. The inspector should inform the attendees that any
records taken from the premises by the inspector are subject to requests pursuant to the Freedom of
Information Act (FOIA). In addition, the summary form is also able to be obtained by the public
pursuant to a FOIA request. The inspector should then invite questions by the conference attendees.
After answering any such questions, or indicating that an answer will be provided later, the inspector
should thank the LEA's representatives for their participation and cooperation.
4. Request for Outstanding Documents
The inspector should prepare and provide to the LEA representative (e.g., Designated Person) a list of
all outstanding documents that the inspector wants to review. The list should be dated, and the inspector
and LEA representative should agree on a date by which such documents will be submitted.to the
inspector.
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CHAPTER IX. POST-INSPECTION ACTIVITIES
There are several important steps that should be taken by the inspector following the inspection itself.
These steps are intended to finalize the entire inspection process and include conducting necessary follow-
up activities, which include obtaining any outstanding documentation that is needed to assist CDOs in
making compliance determinations and that should be included in the inspection report (discussed below);
and preparing the inspection report.
A. FOLLOW-UP
The inspector will often have to undertake a number of follow-up activities after completion of the
inspection to obtain outstanding documents and other information pertaining to the inspection. Such
missing data may be essential to subsequent enforcement efforts that may be taken against the LEA or
"other person." Therefore, conducting a thorough follow-up after the closing conference is a critical
component of the inspector's job. In addition, the AHERA inspector should refer any potential violations
of NESHAP to the NESHAP Asbestos Coordinator (NAC) in the Region in which the inspection was
conducted, by submitting to the NAC the NESHAP Abbreviated Compliance Referral Form (see Chapter
VI, Referral Forms, and Appendix G) and a copy of the applicable AHERA provisions and any related
AHERA documents (e.g., the relevant portions of the Checklist pertaining to the response actions).
One of the main reasons for conducting follow-up after the inspection is to obtain information needed to
verify data asked for on the comprehensive Checklist. For example, the response action section of the
Checklist asks for information pertaining to the accreditation of persons who design and conduct response
actions (i.e., contractors and workers). In order to verify that such individuals were properly accredited,
the inspector should obtain additional information concerning accreditation from the abatement contractor,
during follow-up. The inspector should visit or write to the contractor and request a list of workers who
performed response actions, their accreditation numbers, and course provider identities.
The following is a list of suggested follow-up tips that the inspector may take after completing the
inspections:
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FOLLOW-UP TIPS
Obtain laboratory analytical reports on bulk sampling to determine whether
homogeneous areas of suspect ACBM were sampled in accordance with §763.86.
Obtain laboratory analytical reports on air clearance sampling to determine whether
response actions were properly completed in accordance with §763.90.
(Note: The above two types' of data are required to be maintained by the laboratories
in question; the data that follows are not required to be maintained by the specified
contractors.]
Obtain time sheets, payroll records, daily sign in sheets, etc., and A HERA accreditation
certificates for workers on the job during response action activities (such documentation
would be available, if at all, from the project designer, abatement contractor, and/or
air sampling contractors). This information will enable the inspector to identify which
workers performed the response actions and whether they were accredited. The
inspector should keep in mind that AHERA does not require that contractors retain this
information, so if the contractor informs the inspector that such data are not available,
the inspector may have no further recourse, other than using the subpoena process.
To do this, the inspector should consult with her/his supervisor and the Region counsel.
Contact the course providers identified on the certificates of accreditation, if any can
be obtained by the inspector from the LEA or the abatement contractor. The inspector
may then be able to verify whether the particular workers were accredited by the
provider at the time of the respoase action (the inspector should remember that all
persons accredited pursuant to AHERA must take annual refresher courses, so the
inspector should be careful to determine whether the accreditation had expired prior
to the response actions being conducted).
Check the National Directory of AHERA Accredited Courses (NDAAC), which lists all
EPA and State approved course providers. This document is available from the
NDAAC hotline referenced in Appendix K, No. 13.
Obtain copies of drawings/diagrams of functional spaces from the project designer (or
air clearance monitoring contractor) for the purpose of determining whether air
sampling requirements were met, as asked for in the response action section of the
Checklist.
B. PREPARATION OF INSPECTION REPORT
For a compliance inspection to be of use to compliance and enforcement personnel, the results of the
inspection must be expressed in a concise written format. Therefore, the AHERA inspector, upon
completion of all components of the inspection, process, from opening to closing conferences and follow-
up, should prepare an inspection report. The inspection report is EPA's, or the State's, official
documentation of the inspection, including a detailed account of the inspector's observations and activities
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during the inspection, arranged chronologically. The inspector may rely on the checklist and on the field
logbook, if one was kept, to aid in developing this report.
The inspector should prepare the inspection report as soon as possible after completing the closing
conference, so that important details of the inspection are not forgotten and so that as much time as
feasible can be allowed for the development of necessary enforcement actions. A final report should be
included in the inspector's file (and in the main file within the Region or the appropriate State office)
within a month of the date on which the inspection was completed.
The inspector should ensure that the report is concise, accurate, factual, and based on the inspector's first-
hand knowledge. If the inspector relies on other individuals tor details included within the report, the
report should describe in detail who these individuals are, their role with respect to the LEA, and why
the information obtained from the individuals is important.
The inspector should not, under any circumstances, include widiin the inspection report any conclusions
about whedier the LEA or an "other person" (e.g., contractor) violated a provision of AHERA or the
regulations promulgated pursuant to AHERA. The report should, instead, only include facts known to
the inspector that may assist EPA CDOs, or State equivalents, in making such a determination.
Therefore, the inspector should avoid using the term "violation," which indicates that a conclusion has
been drawn.
Proper documentation of the inspection is a critical element of the inspector's job. Many individuals
other than the inspector may need to rely on the documentation to make decisions regarding the subject
of the inspection (e.g., the LEA and contractors who performed AHERA activities for the LEA). These
may include government attorneys, other compliance and enforcement personnel, and odier inspectors
who may conduct additional inspections of the same subject at a later date and who may want to refer
to the details of previous inspection(s).
C. INSPECTION REPORT: BASIC ELEMENTS
In general, the inspector should ensure that the final inspection report contains the following basic
documents. These elements constitute a comprehensive inspection report that will assist EPA (or State)
CDOs in their subsequent efforts to develop necessary enforcement actions. The basic inspection
documents are the following:
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Notice of Inspection (see Chapter V, A, 4);
Receipt for Samples and Documents (see Chapter VIII, F, 1)
All documents obtained during the inspection as evidence of potential violations of AHERA
should be listed on the Receipt for Samples and Documents form and included in the
Inspection Summary.
Summary of Observations Form (see Chapter VIII, F, 2);
Completed AHERA Inspection Checklist (see Chapter VIII on guidance for completing the
Checklist);
Photographs (if any were taken); and
Inspection Summary (see below).
Inspection Summary
While there is no uniform or required format for the development of an Inspection Summary, certain facts
that should be kept in mind when developing such a report. The report should address, at a minimum,
the following:
• Description of and background information on the LEA and the schools that were inspected
(size, organization, floor plans, identities of Designated Person and of all participants in
conferences or walk-through, etc.);
• The reason for the inspection (neutral or for cause);
• Scope of the inspection (comprehensive or focused);
• Who conducted the inspection, including individuals who may have accompanied the inspector
on the inspection;
• Beginning and ending dates of the inspection conducted by LEA inspectors for each school
selected for a compliance inspection;
• Dates and location(s) of response action(s), if any were conducted;
• All forms, notices, or other documents that were completed and/or presented and signed;
• Actions taken by the inspector before, during, and following the inspection and the chronology
and dates of those actions;
• Observations made during the inspection and references to any specific documents/evidence
pertaining to observations; and
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• Records or other documents taken as evidence of compliance or of potential violations during
the inspection, such as inspection and reinspection reports.
• Dated list of any follow-up records requested by the inspector from the LEA at the closing
conference.
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APPENDIX A
NOTICE OF INSPECTION FORM
-------
, iited States Environmental Protection Agency
Washington, D.C. 20460
Toxic Substances Control Act
NOTICE OF INSPECTION
FomAppmotd
OMB No. 20704007
Approval Espira f 0-37-02
The public reporting burden lor this collection of information b estimated to overage 5 minutes per response. This estimate includes time
for reviewing instructions, searching existing data sources, gatfiering and maintaining the needed data, and completing and reviewing the
collection of information. Send uummefiti regarding the burden estimate or any other aspect of this collection of information to the Chief.
Information Policy Branch (PM-223). US Environmental Protection Agency. 401 M Street SW. Washington. DC 20460. and to the Office of
Information and Regulatory Affaire. Office of Management and Budget Washington. DC 2OS03. marked ATTENTION: Desk Officer for EPA.
1. Investigation Identification
Date
Inspector No.
Dairy Seq. No.
ZTime
3. Firm Name
4. Inspector Address
. Firm
REASON FOR INSPECTION
Under the authority of Section 11 of the Toxic Substances Control Act
| | For the purpose of inspecting (Including taking samples, photographs, statements, and other inspection activities) an
establishment, facility, or other premises in which chemical substances or mixtures or articles containing same are manufactured,
processed or stored, or held before or after their distribution in commerce (Including records. Ml**, papers, processes, controls, and
facilities) and any conveyance being used to transport chemical substances, mixtures), or article* containing same in connection
with their distribution in commerce (Including records, files, papers, processes, controls, and facilities) bearing on whether the
requirements of the Act applicable to the chemical substances, mixtures, or articles within or associated with such premises or
conveyance have been complied with.
I I In addition, this inspection extends to (Check appropriate blocks):
| | A. Financial data | | D. Personnel data
| | B. Sales data | | E. Research data
| | C. Pricing data
The nature and extent of inspection of such data specified In A through E above is as follows:
Certification
I certify that the statements I have made on this form and all attachments thereto are true, accurate, and complete. I acknowledge that any
knowingly false or misleading statement may be punishable by fine or Imprisonment or both under applicable law.
•Inspector Signature
Recipient Signature
Name
Dais Signed
Date Signed
EPA 7740-3 Rev (8-91)
Inspection File
-------
APPENDIX B
RECEIPT FOR SAMPLES AND DOCUMENTS
-------
US ENVIRONMENTAL PROTECTION AGENCY
^^^^^^ WASHINGTON. DC 2O460 Form Approved
^^k ^^"^^m.J^ OMB .Vo. 2070-0007
^^. ^_ mjf\ TOXIC SUBSTANCES CONTROL ACT Approval exptrtt 8-31-85
\rlL—m Am RECEIPT FOR SAMPLES AND DOCUMENTS
^^B 1. INVESTIGATION IDENTIFICATION
2. FIRM NAME
D?^l INSPECTOR NO. DAILY SEQ. NO.
3. INSPECTOR ADDRESS
4. FIRM ADDRESS
The documents and samples of chemical substances and/or mixtures described below were collected in connection with the
administration and enforcement of the Toxic Substances Control Act.
RECEIPT OF THE DOCUMENT(S) AND/OR
NO.
SAMPLE(S) DESCRIBED IS HEREBY ACKNOWLEDGED:
DESCRIPTION
OPTIONAL:
DUPLICATE OR SPLIT SAMPLES: REQUESTED AND PROVIDED
INSPECTOR SIGNATURE
D NOT REQUESTED CD
RECIPIENT SIGNATURE
NAME
TITLE DATE SIGNED
TITLE DATE SIGNED
EPA Form 7740-1 (12-82)
-------
APPENDIX C
SUMMARY OF OBSERVATIONS
(OPTIONAL FORM: NON-OFFICIAL)
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
TSCA INSPECTION
SUMMARY OF OBSERVATIONS .
Name and Address of Inspector(s)
Name of Individual to Whom Notice is Given
Title Date
Name and Address of Facility
Chief Executive Officer of Finn
Title
Address
The following potential deviations from the requirements of the Toxic Substances Control Act and regulations promulgated
thereto were observed during this inspection:
LEA APPEARS to be in compliance with AHERA.
LEA failed to conduct an AHERA inspection pursuant to 40 CFR Part 763.
LEA failed to develop a management.plan pursuant to 40 CFR Part 763.
LEA knowingly submitted false information to Governor regarding the inspection report.
LEA carried out removal/renovation activities while operating under a deferral.
LEA knowingly submitted false information to the Governor regarding the deferral request
LEA failed to use accredited persons.
LEA failed to provide inital or annual notifications to parent/teacher/employee organizations.
LEA failed to notify short term workers.
LEA failed to to conduct periodic surveillance.
LEA failed to maintain required records.
LEA failed to ensure proper completion of response action.
LEA failed to provide training for designated person, custodial or maintenance staff.
LEA failed to to post warnings.
LEA failed to qualify for an AHERA exclusion; and
Other
This Summary of Observations is provided to bring to your attention those areas of concern at the earliest possible time. It is
not intended to be a complete list of potential deviations from the requirements of the Toxic Substances Control Act and
regulations thereto, but rather a list of those conditions of immediate concern and/or those readily apparent.
The undersigned acknowledges having received and read a copy of this TSCA Summary of Observations.
Signature
Title Date
Signature of Inspector
Title of Inspector
Date
-------
APPENDIX D
COMPREHENSIVE AHERA INSPECTION CHECKLIST
(INCLUDING AHERA WALK-THROUGH INSPECTION FORM)
-------
INSPECTION STRATEGY FOR AHERA
AHERA inspections involve ensuring compliance with the AHERA Schools Rule (40 CFR 763, Subpart
E) by the regulated community made up public and private non-profit schools and contractors who
perform AHERA-related activities in the schools (i.e., inspectors, management planners, project
designers, supervisors, workers, and analytical laboratories). Requirements under the rule pertain to
many areas, including preparation of inspection reports, development of management plans, operations
and maintenance activities, the designing and conducting of response actions, and recordkeeping. The
manual is intended to benefit both EPA and State inspectors.
During a compliance inspection, the inspector must determine if each member of the regulated community
has met the applicable requirements of the rule, and its appendices, on two levels. The first level is
"quantitative"; for example, does the management plan present information required pursuant to Section
763.93? Was sampling appropriate in numbers and locations? Most of these items will likely be
determined by reviewing records at the LEA and/or the Regional (or State) office.
The second level is "qualitative"; for example, did the LEA inspector properly identify all homogeneous
areas of suspect ACBM in each school building? Have the response actions been conducted as required
by the management plan? Were response actions properly completed (e.g., visual inspection conducted,
aggressive sampling performed)? These questions may be answered by conducting a walk-through
inspection of selected schools within the LEA, as well as by reviewing the relevant management plans
and interviewing school staff.
The attached Comprehensive AHERA Inspection Checklist (the Checklist) has been developed to assist
the EPA (and State) inspector in mapping out the strategy to be followed during an AHERA inspection
and to help the inspector focus her/his efforts.
It has been found that LEAs' management plans are, for the most part, generic in format for each school.
Therefore, the inspector should examine, in detail, one representative management plan at the LEA
(unless prepared by more than one management planner), and also review the others, to become familiar
with the overall format of the LEA's management plan and to determine whether the management planner
has adequately documented the information required by Section 763.93. The inspector should pay
particular attention to any inadequacies discovered in the representative management plan reviewed at the
LEA, carefully reviewing the other plans to determine if such errors repeat themselves. After reviewing
the management plans at the LEA, the inspector should examine the management plan at the selected
schools within the LEA for specific information needed while s/he conducts the school inspections (e.g.,
walk-through) and interviews.
The Checklist contains four components pertaining to: 1) LEA; 2) school management plans and walk-
through inspections of school buildings that are part of the school selected for inspection; 3) compliance
with response action provisions of rule; and 4) compliance with exclusion provisions of rule for an LEA
that has claimed that it qualifies for an exclusion. It is recommended that the inspector duplicate each
component of the Checklist onto a different colored paper so as to distinguish easily each section of the
Checklist during the inspection process.
-------
Report Elements Attatched:
School Inspection
Walk Through
Response Action
Exclusion
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
AHERA COMPLIANCE INSPECTION CHECKLIST
PARTI. LEA INSPECTION
LEA NAME:
ADDRESS: _
CITY:
DATE:
DOCKET NO:
INSP. NO.
STATE:
ZIP:
PHONE NO.
NUMBER OF LEA: SCHOOLS:
LEA is [H PUBLIC or d PRIVATE (Nonprofit)
If private School, list owner's name and address:
SUPERINTENDENT/HEADMASTER:
DESIGNATED PERSON:
STUDENTS:
EMPLOYEES:
NUMBER OF SCHOOLS INSPECTED:
SCHOOLS AND/OR FACILITIES INSPECTED: (List names only)
PREINSPECTION REVIEW: (Obtained from Regional Office Files)
Date(s) of Previous
EPA Inspection(s):
NON(s):
CC(s):
Previous Citations, if any related to inadequate:
inspection
sampling
analysis
warnings and notifications
record keeping
other:
O&M Plan agreed to as part of civil complaint settlement?
Yes
No
LEA SECTION
AHERA INSPECTION CHECKLIST
Revised 6/92
-------
LEA:
TELEPHONE APPOINTMENTS:
Date telephone appointment made: Telephone No:
Appointment made with whom? Title:
Appointment rescheduled? [""] Yes I I No Reason:
Purpose of compliance inspection explained when appointment made? |~~] Yes Q No
REASON FOR INSPECTION OF LEA: The purpose of this inspection is to determine if the LEA is in
compliance with the requirements of AHERA, codified in 40 CFR Part 763, Subpart E.
AHERA INSPECTION:
C] Randomly Selected Neutral Inspection
C] Selected for Cause
CH Complaint (Employee, Parent, Other)
CD Referral from other Federal or State Agency
L~] Other: (Specify)
D ASHAA INSPECTION (Separate Report)
D WORKER PROTECTION INSPECTION: If Response Action performed by public school employees
(Separate Report)
OPENING CONFERENCE
PRELIMINARY INFORMATION:
1. LEA personnel present and interviewed:
Name: Title:
Name: Title:
Name: Title:
Name: Title:
Name: Title:
2. EPA inspector accompanied by other State or Federal emptoyee(s)? Q Yes Q No
Name: Agency:
Name: Agency:
3. Credentials presented to:
4. "Notice of Inspection" signed by LEA official and copy provided to official? Yes No
LEA SECTION AHERA INSPECTION CHECKLIST
2 Revised 6/92
-------
LEA:
GENERAL INSTRUCTIONS/INFORMATION:
1. For items marked with a star (*), obtain copies of documentation for follow-up actions.
2. For any "No" answers, provide explanation given by school official.
3. Line through any item missing. For example, "...name/signature..."
4. "P means Friable and "NF" means Nonfriable.
PART II - LEA - REGULATORY REQUIREMENTS -
GENERAL
Designate a person to ensure that requirements of regulation
are implemented [763.84(g)(1 )]
Provide designated person adequate training [763.84(g)(2)]
Inform workers, bldg. occupants, or legal guardians at least
once each school year about inspections, response action, post
- response action activities that are planned or are in progress
[763.84(c)]
YES
NO
N/A
REMARKS
(Select schools to be inspected and proceed to Part III.)
PART 111 - MANAGEMENT PLANS - Use to Verify Accreditation
If more than one Management Planner was used by the LEA, complete the remain-
der of this LEA section for each planner.
Developed by:
Firm Name/Address:
State/Accreditation No.:
Initial Course Provider:
Date Submitted to State:
Date State Response:
CONTENTS [(40 CFR 763.93(6)...]
(1) Name/addressof each school building, whether it has FACBM,
NFACBM, suspected or assumed F/NFACBM *
(2) If inspected before 1 2/1 4/87:
date of inspection
blueprint/description w/approximate sq/ln footage homoge-
neous/sampling area sampled, sample locations, sample
dates
bulk sample analyses, dates of analyses
description of response/preventive measures, names of all
contractors, start/completion dates, air clearance sample
results
description of assessments of material identified prior to
12/14/87, name/signature/State and number of accredita-
tion of person making statement
YES
NO
N/A
REMARKS
(Complete only if information
from previous inspections was
used to form basis for AHERA
inspection)
LEA SECTION
AHERA INSPECTION CHECKLIST
Revised 6/92
-------
LEA:
MANAGEMENT PLANS (Continued)
(3) For inspection/reinspection under AHERA:
date of inspection, name/signature, State and number of
accreditation of person(s) making inspection *
blueprint/description that identifies location and approximate
sq/ln footage of homogeneous areas sampled, location of
samples, date; homogeneous area of F and NF assumed
ACBM in each school buildina *
description of manner used to determine sampling loca-
tions, name/signature of person collecting samples, State
and number of accreditation
bulk sample analyses, name/address of laboratory,
statement lab meets requirements, name/signature of
analyst
description of assessments, name/signature, State and
accreditation number of person making assessments
list whether homogeneous areas are surfacing, thermal, or
miscellaneous material [40 CFR 763.85(a)(4)]
(4) Name/addressAelephone number of LEA-designated person,
course name, dates, hours of training
(5) Recommendations of response actions, name/signature, State
and accreditation number of person making recommendations
(management planner) '
(6) Description of preventive measures/response actions/methods
to be used for FACBM, locations, reasons, and schedule for
beginning and completing
(7) For person who inspected for ACBM and who will design and
carry out response actions (except O&M).
statement that person is accredited under State contractor
accreditation program, or by an EPA-approved course. OR
that LEA will use accredited persons
(8) Description/blueprint of ACBM/assumed ACBM remaining in
school after response actions completed
(9) Plan for reinspection, plan for O&M, plan for periodic surveil-
lance, recommendation
-------
LEA:
LEA RESPONSIBILITIES
LOCATION OF PLAN [40 CFR 763.93(g)(2)J
LEA administrative office
NOTIFICATION OF PLAN AVAILABILITY [40 CFR 763.93(g)(4)]
Annual notification to parent, teacher, employee
organization(s); description of steps taken to notify such
organization(s); dated copy of notification as part of manage-
ment plan *
DESIGNATED PERSON STATEMENT [40 CFR 763.93(i)J
Plan contains statement signed by designated person that
general LEA responsibilities have been or will be met
YES
NO
N/A
REMARKS
CLOSING CONFERENCE (to be completed at conclusion of Inspections of all schools)
A. Date:
Time:
Where conducted:
LEA Representative(s) Present:
Name:
Name:
Name:
Title:
Title:.
Title:
C. Were LEA officials provided copies of:
Receipt for samples and documents
Summary of observations
Updated regulations/guidances
D. Was explanation provided to LEA officials that possible Rule deviations listed on Summary
of Observations are not all-inclusive and other rule deviations may be found by EPA during
review of the file? Yes No
E. Were LEA officials encouraged to submit proof of rule compliance as soon as possible to the
inspector's address? Yes No.
N/A
F. Were LEA officials informed that documents collected and generated as a result of this
inspection are available to parents, the news media, general public, etc., through Freedom
of Information Act requests? Yes _
No
N/A
N/A
Inspector's Signature:
Date of Signature:
Inspector's Signature:
Date of Signature:
LEA SECTION
AHERA INSPECTION CHECKLIST
Revised 6/92
-------
SCHOOL:
LEA:
PART IV - SCHOOL INSPECTION - General Information: Complete for each School Inspected
F or NF ACBM or Assumed ACBM is present in this School's buildings:
GENERAL
School Name:
Address:
•
City, State, Zip:
Yes
Date:
Time:
No
Telephone:
TOTAL NUMBER OF:
Buildings
Grades (i.e., K, K-12)
BUILDING
CONSTRUCTION
DATE(S)
INCL IN MP?
Y
N
IF NO, DATE FIRST
USED AS A SCHOOL
Management Plan in Administration Office: Q Yes Q No
Content of Manaaement Plan is as described on LEA report: f~l Yes [~~1 No
(If NO, explain)
ACCOMPANIED ON INSPECTION BY LEA/SCHOOL REPRESENTATIVES:
Name: Title:
Name: — Title:
PART V - LEA INSPECTOR INFORMATION
n Inspection
e-inspection
LEA Inspection Date:.
Firm Name and Address:
LEA Inspector's Name:
Accreditation State/Number:
Course Provider:
If more than one Inspector/Firm, use back of sheet to record information for each.
SCHOOL INSPECTIONS
AHERA INSPECTION CHECKLIST
Revised 6/92
-------
SCHOOL:
LEA:
A. CONTENTS OF INSPECTION REPORT
INSPECTIONS
For inspections: Did inspector: [40 CFR 763.85(a)(4)]
identify all homogeneous areas of F and NF suspected ACBM
for each area of the school building?
collect bulk samples for all homogeneous areas NOT assumed
to contain ACM and submit for bulk analysis?
assess F ACM where samples are collected, F material in areas
assumed to be ACM. and F ACM identified during previous
inspection?
record and submit to LEA designated person within 30 days [40
CFR 763.85(a)(4)(vi)] of the inspection report
B. SAMPLING [40 CFR 763.86]
Did inspector collect appropriate number of samples in each
homogeneous area?
C. ASSESSMENT [40 CFR 763.88]
Written assessment provided for all F known or assumed ACBM
in the school building
Signature of person making assessment, date, State and number
of accreditation (inspector)
Copy of assessment provided to LEA DP within 30 days?
Assessment rationale?
Recommendation of Response Action?
PART VI - LABORATORY RESPONSIBILITIES
BULK SAMPLE ANALYSIS (40 CFR 763.87)
Name of lab:
Address:
Accreditation for PLM analysis NIST Interim
Date of Analysis:
Name of Analyst:
Signature of Analyst:
PART VII - LEA REQUIREMENTS - SCHOOL
A. NOTIFICATIONS
Provide short-term workers information regarding locations
of ACBM and assumed ACBM [40 CFR 763.84(d)]
Initial/annual notification to parentAeacher/employee
organizations re plan availability [40 CFR 763.93(g)]
Dated copy of notification as part of Management Plan
YES
NO
N/A
REMARKS
(Use Worksheet next page)
If adequacy of assessments
or recommendations is
questionable, comment on
reverse side and attach
questionable portion.
(If 'NO,* describe specific
instance of non-notifica-
tion)
SCHOOL INSPECTIONS
AHERA INSPECTION CHECKUST
Revised 6/92
-------
SCHOOL
LEA:
SAMPLING WORKSHEET [40 CFR 763.86]
In the remarks section on this page, the inspector should write down the exact number of samples taken for
each of the specified categories of ACBM (e.g., surfacing materials, TSI), the amount of ACBM in each homo-
geneous area, and for (c) and (d) below (i.e., miscellaneous material and non-friable suspected ACBM), the
type of material involved.
Did inspector collect appropriate number of samples in each
homogeneous area (HA), from
(a) Surfacing material
- 3 from each HA 1 ,000 sq. ft. or less
5 from each HA > 1 ,000 sq. ft. but < 5,000 sq. ft.
7 from each HA > 5,000 sq. ft.
(b) Thermal System Insulation (TSI)
3 from each HA of TSI that is NOT assumed to be ACBM
1 from each HA of PATCHED TSI NOT assumed to be
ACBM
samples from each insulated mechanical system NOT
assumed to be ACM where cement plaster is used on
fittings IN A MANNER SUFFICIENT TO DETERMINE
whether or not material is ACM
(c) Miscellaneous Material
samples from each HA of FRIABLE miscellaneous material
NOT assumed to be ACM IN A MANNER SUFFICIENT TO
DETERMINE whether or not material is ACM
(d) Nonfriable suspected ACBM
If HA of NF suspected ACBM is NOT assumed to be ACM,
collect bulk samples from HA of NF suspected ACM NOT
assumed, IN A MANNER SUFFICIENT TO DETERMINE
whether or not material is ACM
YES
NO
N/A
REMARKS
Comments on Sampling:
SCHOOL INSPECTIONS
8
AHERA INSPECTION CHECKLIST
Revised 6/92
-------
SCHOOL:
LEA:
PART V - LEA REINSPECTOR INFORMATION
Reinspection Date:
Firm Name and Address:
Reinspector's Name:
Accreditation State/Number:
Course Provider:
If more than one Reinspector/Firm, use back of sheet to record information for each.
A. CONTENTS OF REINSPECTION REPORT
REINSPECTIONS
For reinspections: Did reinspector: [40 CFR 763.85(b)(i-vii)]
For each school building in the LEA, reinspect all F and NF
suspect ACBM at least once every 3 years after the management
plan was in effect? >
state accreditation/number of reinspector
for each area of each school, did the reinspector:
visually reinspect and reassess the condition of all F known
or assumed ACBM?
visually reinspect all previously considered NF ACBM and
touch the material to determine if it had become friable .
since the last inspection? !
identify any homogeneous area with material that had
become friable since the last inspection? .
for each homogeneous area of newly friable material
already assumed to be ACBM, were bulk samples col-
lected? (Samples are not required to be collected.) Copies
of laboratory accreditation, sampler accreditation, name and
address of sampler and laboratory included in reinspection
report?
was an assessment made of the condition of the newly
friable material in areas where samples were collected, and
of newly friable materials in areas assumed to be ACBM?
Within 30 days of the reinspection, was the following
information submitted to the LEA:
date, name/signature of reinspector, State and accredi-
tation number, and changes in the condition of known or
assumed ACBM?
exact locations where samples were collected, descrip-
tion of the manner used to determine sampling locations,
name/signature and State/accreditation number of each
person who collected samples
any assessments or reassessments made of friable
material, name/signature and State/accreditation number
of person making assessments
YES
NO
N/A
REMARKS
Date of last inspection:
SCHOOL REINSPECTIONS
AHERA INSPECTION CHECKLIST
Revised 6/92
-------
SCHOOL:
LEA:
B. TRAINING [40 CFR 763.92(a)...]
(1) ail members of maintenance/custodial staff who may work in
building that contains ACBM have received 2-hour aware-
ness training; new employees trained within 60 days of
employment
(2) maintenance/custodial staff who disturb ACBM have
received additional 14-hour training
C. PERIODIC SURVEILLANCE [40 CFR 763.92(b)]
Periodic surveillance conducted at least once every 6
months after plan is in effect
D. WARNING LABELS [40 CFR 76335...]
(a) warning labels attached immediately adjacent to F and NF
ACBM and assumed ACBM in all routine maintenance areas
(b) Labels prominently displayed in readily visible locations
(c) Labels read "CAUTION: ASBESTOS. HAZARDOUS. DO
NOT DISTURB WITHOUT PROPER TRAINING AND
EQUIPMENT."
E. OPERATIONS AND MAINTENANCE [40 CFR 763.91 ...]
(a) program implemented whenever F ACBM is known or assumed
(b) complied with WP Rule (Public Employees only) or
complied with Appendix B.
(c)(2) complied with additional cleaning recommendation, if any
(d) when O&M activities disturb F ACBM.
(Small Scale, Short Duration) (Appendix B)
restrict access to maintenance project
post signs to prevent entry^
shut off/modify air handling system(s)
use work practices: wet methods, protective clothing,
HEPA-vac, mini-enclosures, glove bags
[circle practice(s) used as necessary]
clean all fixtures in work area
place asbestos debris in sealed, leak-tight container
(f)(1 ) Minor Fiber Release Episode (< 3 sq/ln feet)
thoroughly saturate debris-wet asbestos
cleaning as described in initial cleaning
place asbestos debris in sealed, leak-tight containers
repair, or implement appropriate response action
(f)(2) Major Fiber Release Episode (> 3 sq/ln feet)
restrict entry
shut off/modify air handling system
have response action designed and conducted by
accredited persons
F. RECORD KEEPING [40 CFR 763.94...]
records kept in administrative office of school
(b)(1) for preventive measures & response action
written description of action taken
methods used
location of action
reasons for selecting action
YES
NO
N/A
REMARKS
Date of last periodic
surveillance
(If "NO," was F or NF ACBM
present in such areas?)
Specify: routine maintenance
areas and type of ACBM
Complete only if O&M activities
have occured. Otherwise "N/A"
Complete "Response Action'
For questions (b)(1) & (2), if no
Response Action or preventive
measure occurred, no records
are required.
SCHOOL INSPECTIONS
10
AHERA INSPECTION CHECKLIST
Revised 6/92
-------
SCHOOL:
LEA:
F. RECORD KEEPING (Continued)
(b)(1):
start and completion dates
names and addresses of ail contractors used, their state of
accreditation and accreditation numbers *
if ACBM is removed, name and location of storage or disposal
site
(b)(2) name/signature of person collecting air sample, if applicable *
locations where air samples collected
date of collection
name/address of lab analyzing samples
date of analysis
results of analysis
method of analysis
name/signature of analyst
statement that lab meets requirements
(c) for each custodial/maintenance person required to receive
training:
person's name/job title
date and location of training
number of training hours completed
(d) for each periodic surveillance:
person's name conducting surveillance *
date of surveillance
any change in condition of ACBM
(e) for each initial cleaning under [40 CFR 763.91 (c)]
person's name doing cleaning
locations cleaned
cleaning methods used
(f) for each O&M activity (small-scale, short duration)
person's name doing O&M
start and completion dates
locations of activity
description of activity/preventative measures
if ACBM is removed, name/location of storage or disposal site
(g) for each major asbestos activity performed:
name, signature, State of accreditation, accreditation number
(if applicable) of each person-performing activity
start and completion date
locations of activity
description of activity/preventative measures
if ACBM is removed, name/location of storage or disposal site
(h) for each fiber release episode under [40 CFR 763.91 (f)]
date and location of episode *
method of repair
preventative measure or response taken *
name of person performing work
rf ACBM is removed, name/location of storage or disposal site
YES
NO
N/A
REMARKS
Collect most recent periodic
surveillance records
Obtain copy of representative
O&M activity
Obtain copy of representative
activity
SCHOOL INSPECTIONS
11
AHERA INSPECTION CHECKLIST
Revised 6/92
-------
AHERA WALK THROUGH INSPECTION FORM
(List material for each of the following)
LEA:
SCHOOL:
BUILDING:
Room(s): Photo
Ceiling:
Walls:
Floors:
Thermal:
Suspect
ACBM Identified in
the Management Plan
YES
NO
NEW
N/A
3YR
Room(s): Photo
Ceiling:
Walls:
Floors:
Thermal:
YES
NO
NEW
N/A
3YR
Room(s): Photo
Ceiling:
Walls:
Floors:
Thermal:
YES
NO
NEW
N/A
3YR
Room(s): Photo
Ceiling:
Walls:
Floors:
Thermal:
Inspector No. Date: / /
SCHOOL INSPECTION
YES
NO
NEW
N/A
3YR
Page of
AHERA INSPECTION CHECKLIST
12
Revised 6/92
-------
SCHOOL.
LEA:
PART VIII. RESPONSE ACTIONS: Complete separate form for each Response Action documented.
1. Response Action Type:
Encapsulation
Enclosure
Removal
Repair
. O&M other than small-scale, short duration
Major Fiber Release
2. Location of Response Action in School (Be Specific)
Building: Location in building:
3. TypeofACBM:
Surfacing
Thermal
Miscellaneous
4. Size (square/linear feet) of project:
5. Start/Completion dates of project:
6. Response Action completed by:
School Employees (if so, at a Public School, conduct a separate Worker Protection Inspection)
Contractor
Name:
Address:
Telephone:
A. LEA/SCHOOL RESPONSIBILITIES
Designed by accredited persons [763.90(g)]
Conducted by accredited persons [763.90(g)]
Initial cleaning accomplished [763.91 (c)] (except for O&M and/or repair)
HEPA-vac/steam clean all carpets
HEPA-vac/wet-clean all other floors and all other horizontal
surfaces
dispose of debris, filters, mopheads, cloths, in sealed, leak-tight
containers
Person (LEA or Contractor) designated to visually inspect (i.e.,
following a response action) [763.90(i)(1)J
Visual inspection conducted [763.90(i)(1)]
Is an updated and detailed or descriptive blueprint, diagram, etc.,
included in the MP, indicating where (if any) ACBM or suspected
ACBM assumed to be ACM remains in the school once response
action completed [763.93(e)(8)J?
YES
NO
N/A
REMARKS
(See Worksheet Next Page)
(See Worksheet Next Page)
Name:
( ) Employee ( ) Contractor
( ) LEA or ( ) Contractor
RESPONSE ACTIONS
13
AHERA INSPECTION CHECKLIST
Revised 6/92
-------
WORKSHEET - ACCREDITED PERSONS
(To be used in conjunction with page 12)
EMPLOYER/
NAME: ADDRESS
PROJECT
DESIGNER
CONTRACTOR/
SUPERVISOR
UST NAMES OF
WORKERS
STATE/ACCREDITATION NO.
(and name of course provider If
no State Accreditation #)
This information may not be available at the school, and may have to be obtained
through a visit to the contractor, or through written correspondence or subpoena.
Inspector should review sign-in sheets and/or personnel daily air monitoring records,
to verify number of workers and supervisors and their accreditation numbers.
RESPONSE ACTIONS
14
AHERA INSPECTION CHECKLIST
Revised 6/92
-------
SCHOOL:
LEA:
OTHER PERSON RESPONSIBILITIES
B. ABATEMENT CONTRACTOR
Conducted by accredited workers
(Use worksheet previous page)
C. AIR MONITORING CONTRACTOR
For PCM and TEM
Air samples collected using a.ggr,ess,jye_ sampling where TEM is to
be used (per Appendix A) (not required for small-scale, short
duration)
If PCM is applicable, minimum of 5 samples collected from each
functional space
If TEM is applicable, minimum of 13 samples collected for each
functional space
D. LABORATORY CONTRACTOR
Air samples analyzed by: [763.90(i)(2)(ii)j
NIST-accredited lab (TEM)
Lab used protocol in Appendix A (TEM)
Lab enrolled in American Industrial Hygiene Association
Proficiency Analytical Testina Proaram (PCM)
Lab used NIOSH method 7400 (PCM)
E. TEM REPORTING (must provide to client)
Appendix A, Unit II.H
Concentration in s/mm2 and s/cc3
Analytical sensitivity used
Number of asbestos structures
Area analyzed
Volume of air sampled
Copy of count sheet
Signature of lab official that laboratory met all specifications of
method
Official lab identification (letterhead)
Type of asbestos
YES
NO
N/A
REMARKS
Obtain time sheets of workers
on job; workers' AHERA
certificates. (LEA is not
required to have this, may
need to request of contractor)
Air monitoring contractor:
Name/Address:
Obtain copies of drawings/
diagrams establishing
functional spaces
Obtain copy of all final
clearance documents
RESPONSE ACTIONS
15
AHERA INSPECTION CHECKLIST
Revised 6/92
-------
SCHOOL LEA:
EXCLUSIONS: Complete for each School building claiming exclusion from Inspection.
REFERENCE: 40 CFR Sectton 763.99
Exclusion(s) claimed for sampling area(s) as follows:
A. Q For friable ACM identified before 12/14/87
Location
Per accredited inspector (name)
State and accreditation number
Review statement. Comments:
Has material been assessed? Yes No
Note documentation of assessment record
B. M For nonfriable ACM identified before 12/14/87
Location
Per accredited inspector (name)
State and accreditation number
Review statement. Comments:
Has material become friable? Yes No
Note documentation for friability i
Has material been assessed? Yes No
Note documentation of assessment record
C. | | No ACBM present determined before 12/1;4/S7
i
Location '
Per accredited inspector (name)
State and accreditation number
Review statement. Comments:
Was air sampling done? Yes No
Review record of sampling and analysis. Comments:
Sampling done in compliance with regulations? Yes No
Notice received by regional office of EPA? Yes No
EXCLUSION S ECTION AHEM INSPECTION CHECKLIST
16 Revised 6/92
-------
SCHOOL: LEA:
D. Q] No ACBM present, as determined by State lead agency, under waiver
Location
Review statement. Date..
Comments:
Copy of statement in management plan? _ Yes _ No
E. Suspected ACBM is assumed ACM, determined before 12/14/87
Location
Per accredited inspector (name)
State and accreditation number
Review statement. Comments:
Has material become friable? Yes No
Note documentation for friability
Has material been assessed? Yes No
Note documentation of assessment record
F. I I Asbestos removed before 12/14/87; no asbestos present
Location
Per accredited inspector (name)
State and accreditation number
Per contractor (name)
State and accreditation number
Review statements. Review air clearance record.
Comments:
Notice received in regional EPA office? Yes No
Copy of statement in management plan? Yes No
COMMENTS:
EXCLUSION SECTION AHERA INSPECTION CHECKLIST
17 Revised 6/92
-------
SCHOOL LEA:
G. Q Certification of no ACBM specified for building built after 10/12/88
Location
Statement by:
Name:
architect
project manager
inspector
Address:
Accreditation (if applicable):
Notice received in regional office? _ Yes _ No
Copy of statement in management plan? _ Yes _ No
H.
Conducted visual inspection of areas excluded. Comments:
EXCLUSION SECTION
18
AHERA INSPECTION CHECKLIST
Revised 6/92
-------
APPENDIX E
ASBESTOS-CONTAINING MATERIALS IN SCHOOLS; FINAL RULE AND NOTICE;
FEDERAL REGISTER, OCTOBER 30, 1987
-------
Friday
October 30, 1987
Part III
Environmental
Protection Agency
40 CFR Part 763
Asbestos-Containing Materials in Schools;
Final Rule and Notice
Printed on Recycled Paper
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41826 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
FR Part 763
E;FRL-326»-8]
Asbestos-Containing Materials In
Schools
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is issuing a final rule
under section 203 of Title II of the Toxic
Substances Control Act (TSCA), 15
U.S.C. 2643. to require all local
education agencies (LLAs) to identify
asbestos-containing materials (ACM) in
their school buildings and take
appropriate actions to control release of
asbestos fibers. The LEAs are required
to describe their activitiesin
management plans, which must be made
available to all concerned persons and
submitted to State Governors. This final
rule requires LEAs to use specially-
trained persons to conduct inspections
for asbestos, develop the management
plans, and design or conduct major
actions to control asbestos. Exclusions
are provided for LEAs which have
previously conducted inspections and
«EAs subject to any state
irement at least as stringent as the
parable requirement in this final
rule.
DATES: In accordance with 40 CFR 23.5.
this rule shall be promulgated for
purposes of judicial review at 1 p.m.
Eastern Standard Time on November 13.
1987. This rule shall be effective on
December 14,1987. The incorporation by
reference in the rule is approved by the
Director of the Federal Register as of
December 14.1987.
FOR FURTHER INFORMATION CONTACT.
Edward A. Klein. Director. TSCA
Assistance Office (TS-799). Office of
Toxic Substances. Environmental
Protection Agency. Rm. E-543. 401 M St..
SW.. Washington. DC 20460. Telephone:
(202-554-1404).
SUPPLEMENTARY INFORMATION:
L Background
A. Description of the Enabling
Legislation
On October 22,1986. President
Reagan signed into law the Asbestos
Hazard Emergency Response Act
(AHERA) which enacted, among other
provisions. Title D of the Toxic
«mces Control Act (TSCA) 15
sections 2641 through 2654.
n 203 of Title IL 15 U.S.C. 2643.
requires EPA to propose rules by April
20,1987 (180 days after enactment), and
to promulgate final rules by October 17.
1987 (360 days after enactment).
regarding: (1) The inspection of all
public and private school buildings for
ACM: (2) the identification of
circumstances requiring response
actions: (3) description of the
appropriate response actions; (4) the
implementation of response actions: (5)
the establishment of a reinspertion and
periodic surveillance program for ACM:
(6) the establishment of an operations
and maintenance program for friable
ACM: (7) the preparation and
implementation of asbestos
management plans by LEAs and the
submission of the management plans to
State Governors, who may review the
plans and approve or disapprove them:
and (8) the transportation and disposal
of waste ACM from schools. This final
rule implements the Title II n-q-iirements
to issue the section 203 rules |-,.\ccpt for
transportation and disposjl. as
discussed further below).
Section 206 of TSCA Title II. 15 U.S.C.
2646. also requires EPA to issue by April
20.1987, a final model accreditation plan
for persons who inspect for asbestos.
develop management plans, and design
or conduct response actions. States are
required to adopt an accreditation
program at least as stringent as the EI'A
model within 180 days after the
beginning of.their next legislative
session. Accreditation of laboratories
which analyze asbestos bulk samples
and asbestos air samples is also
required by TSCA Title II. The National
Bureau of Standards (NBS), U.S.
Department of Commerce, is required to
establish the bulk sampling
accreditation program by October 17,
1907. and the air sampling accreditation
program by October 12.1988.
States were required to notify LEAs
by October 17.1987, regarding where to
submit management plans. LEAs must
submit those plans to their State no later
than October 12,1988. The plans must
include the results of school building
inspections and a description of all
response actions planned, completed, or
in progress. After receiving a
management plan. States are allowed 90
days to disapprove the plan. If the plan
is disapproved, the State must provide a
written explanation of the disapproval
and the LEA must revise the plan within
30 days to conform with the State's
suggested changes. The 30-day period
can be extended to 90 days by the State.
LEAs are required to begin
implementation of their management
plans by July 9.1969, and to complete
implementation in a timely fashion.
Transport and disposal rules under
TSCA section 203(h) have not yet been
proposed. In accordance with TSCA
section 204(f). therefore. LEAs shall
provide for transportation and disposal
of asbestos in accordance with the most
recent version of EPA's "Asbestos
Waste Management Guidance."
Applicable provisions of that document
are included as Appendix D of this rule.
Regulations governing transport of
asbestos-containing waste, including
school waste already reg'ilated by the
National Emission Standard for
Hazardous Air Pollutants (NESHAP) (40
CFR Part 61. Subpart M) under the Clean-
Air Act (42 U.S.C. section 7401. et seq.).
were promulgated by the Department of •
Transportation (DOT) (49 CFR Part. 173
Subpart ]}. The NESHAP and DOT rules
must be followed, according to the
• "Asbestos Waste Management
Guidance." Theso rules will be sufficient
to ensure the proper loading-arid
unloading of vehicles and to ensure the
physical integrity of containers.
Section 203(1) requires Department of
Defense schools to carry out asbestos
identification, inspection and
management activities in a manner
comparable to the manner in which an
LEA is required to carry out such
activities. EPA interprets the language of
this section which states that such
activities shall be carried out "to the
extent feasible and consistent with the
national security" as recognition that
existing agreements with foreign
governments may make it difficult to
carry out certain provisions of this
regulation.
Since this rule has been signed by the
EPA Administrator by October 17.1987.
the rule has been promulgated within
the statutory time frame required by
section 203 of TSCA Title II. In
accordance with 40 CFR 23.5. however.
solely for purposes of judicial review
deadlines under section 19 of TSCA
Title I. the rule is considered to be
promulgated at 1 p.m. eastern time, 14
days after publication in the Federal
Register. Thus, the period in which
petitions for review of this rule may be
filed under section 19 commences 14
days after publication.
B. Previous EPA Asbestos Activities
EPA has undertaken a variety of
technical assistance and regulatory
activities designed to control ACMs in
buildings and minimize inhalation of
asbestos fibers.
1. Technical Assistance Program.
Since 1979. EPA staff have assisted
schools and other building owners in
identifying and controlling ACM in their
buildings. Through a cooperative
agreement with the American
Association of Retired Persons (AARP).
EPA has hired architects, engineers, and
-------
Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations 416.
other professionals to provide on-sitp
assistance to school officials and other
building owners. With AARP assistance.
chool officials and building
have effectively and safely dealt
CM in ways that are appropriate
for the particular situation in their
building.
In addition. EPA has published stute-
of-the-art guidance to help identify and
control asbestos in buildings. EPA's
principal asbestos guidance document
"Guidance for Controlling Asbestos-
Containing Materials in Buildings."
(EPA 560/5-85-024. also known as the
"Purple Book") was expanded and
updated in June 1985. based on
recommendations from recognized
national experts. The document
provides criteria for building owner* to
use in deciding which abatement
method is most appropriate for each
particular situation.
An important EPA goal has been to
provide training for people involved in
all aspects of the identification and
control of asbestos. EPA has established
five Asbestos Information and Training
Centers to provide information
concerning the identification and
abatement of asbestos hazards and to
train people in proper asbestos
abatement techniques. The five centers
at the Georgia Institute of
in Atlanta, the University of
in Kansas City. Tufts University
in Medford. Massachusetts, the
University of Illinois in Chicago, and the
University of California at Berkeley.
Courses attended by more than 8.000
building owners and managers,
maintenance personnel, school officials.
architects, consultants, and abatement
contractors have been taught at the
centers since December 1984.
Finally, because of the large number
of asbestos abatement projects and the
short-term nature of many of them. EPA
believes that contractors should be
State-certified and that States should
oversee projects to ensure that they are
properly performed. EPA has provided
models for State certification legislation
and start-up funding for the initiation of
38 State oversight programs.
2. EPA'» regulatory program. In the
Federal Register of May 27.1982 (47 FR
23360). EPA issued a school
identification and notification rule
(hereinafter called the 1982 Asbestos-uv
School* Rule). This rule required school
officials by June 28.1983, to inspect all
school buildings for friable materials,
take ajururnum of three samples of
eachflIK of friable material found
analjiPnmples using polarized light
microscopy (PLM) to determine if
asbestos is present and keep records of
the findings. (40 CFR Part 763. Subpart
H
School district officials who found
friable ACM were required to.notify
employees of the location of the
materials, post a notification form in the
primary administrative and custodial
offices and faculty common rooms.
provide maintenance and custodial
employees with a guide for reducing
asbestos exposure, and notify parent-
teacher associations or parents directly
of the inspection results.
EPA also issued a rule to protect
public employees who perform asbestos
abatement work in those States not
covered by the current asbestos
stjndard issued by the Occupational
Safety and Health Administration
(OSHA). U.S. Department of Labor. Thi».
rule (40 CFR Part 763. Subpart G)
complements the OSHA asbestos
regulations that protect private sector
workers, and public employees in Stales
with OSHA-approved State plans, from
exposure to asbestos in occupational
settings. The rule requires specific work
practices, personal protective
equipment environmental monitoring.
medical exams, and other provision*.
The EPA rule also includes a provision
not in the OSHA rule. i.e.. notification to
EPA generally 10 days before an
asbestos abatement project is begun
when public employees are doing the
work. OSHA issued revised regulations
regarding occupational asbestos
exposure published in the Federal
Register of June 20.1986 (51 FR 22612).
EPA issued in the Federal Register of
February 25,1987 (52 FR 5618). a
revision of its worker protection rule to
make it consistent with the new OSHA
regulations.
3. Recent developments. EPA issued
an Advance Notice of Proposed
Rulemaking (ANPR) on August 12.1986
(51 FR 28914). entitled "Asbestos-
Containing Materials in Schools:
Inspection. Notification. Management
Plans and Technical Assistance." The
purpose of this ANPR was to solicit
comments on the future direction of
EPA's program to reduce risks from
asbestos in schools and to solicit
information about a variety of technical
and policy issues.
Prior to enactment of TSCA Title II.
EPA had also initiated development of
two new guidance documents on
asbestos control One document was
being developed to provide more
detailed guidance about assessing ACM
in buildings and selecting abatement
actions. A second document was being
developed to provide more detailed
guidance about practices and
procedures which should be included in
an operations and maintenance
program. Both documents had been
developed with the assistance of panels
of national experts who convened in
Washington. DC to discuss technical
and operational issues associated with
these subjects. The work done in these
two guidance documents has been
valuable in developing provisions of this
rulf.
Also, m 1936. EPA. in cooperation
with the National Institute for
Occupational Safety and Health
(MOSH). U.S. Department of Health and
Human Sen-ices, published "A Guide to
Respiratory Protection for the Asbestos
Abatement Industry" to provide
practical guidance in the selection and
use of respiratory protection tu persons
who work in asbestos abatement. The
"Guide" also provides information
relevant to other work activities, such as
maintenance or repair, where the
exposure to asbestos or the potential for
exposure exists. The "Guide" was
updated in September 1986 to include
the text of the OSHA June 1936 revision
of its asbestos standard.
C Of \~elupment of the Rule
The April 1987 proposed rule was
developed through the process of
regulatory negotiation, an alternative
process for developing regulations in
which individuals and groups with
negotiable interests directly affected by
the rulemaking work together with EPA
in a cooperative venture to develop s
proposed rule by committee agreement.
The negotiation group wus established
as a Federal Advisory Committee and
consisted of represents lives of national
educational organizations, labor unions.
asbestos product manufacturers, the
environmental community, asbestos
abatement contractors, professional
associations of architects, consulting
engineers, industrial hygienists. States.
and EPA.
After an organizational meeting in
Washington. DC on January 23.1987
(announced in the Federal Register of
January 13.1987. 52 FR 1377). the
committee was established with 23
interests represented. Meetings were
scheduled on February 5 and 6,
February 17 and 18. March 9 and 10.
March 26 and 27. and April 1 thru 3.
During the March 10.1987. meeting, the
plenary session of the Committee
accepted two more parties on the
committee, one taking a seat
representing State attorneys general, the
other (representing big tity schools)
sharing a seat with a previously seated
member representing big dry schools.
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41828 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
Members of Negotiating Committee
The members of the negotiating
committee and their interest represented
are as follows:
1. Allen Abend. Council of Chief State
School Officers.
2. Bill Borwegen. Service Employees
International Union/Jordan Barab.
American Federation ot State. County.
and Municipal Employees (school
service employees).
3. Dr. William Brown. Baltimore City
Schools/Michael Young. New York City
Law Department (big city schools).
4. Brian Christopher. Committee on
Occupational Safety and Health.
5. Donald Elisburg. Laborers'
International Union and Laborers-AGC
Education and Training Fund.
6. Kellen Flannery, Council for
American Private Education.
7. Steve Hays, asbestos abatement
engineer.
8. Jesse Hill, manufacturers of
asbestos pipe and block insulation
products.
9. Edward Kealy. National School
Boards Association.
10. Lloyd A. Kelley. Jr.. Superintendent
of Schools Rutland S.W. Vermont.
Supervisory Union (rural schools).
11. William Lewis. Manufacturers of
asbestos surfacing products.
12. Lynn MacOonald. Sheet Metal
Workers International Association.
13. Claudia Mansfield. American
Association of School Administrators.
14. Roger Morse. American Institute of
Architects.
15. David Ouimette. Colorado
Department of Health (States with
developing asbestos programs).
16. Joel Packer. National Education
Association.
17. Robert Percival. Environmental
Defense Fund.
18. Miriam Rosenberg. National PTA.
19. Paul Schur, Connecticut
Department of Health/Dr. Donald
Anderson. Illinois Department of Public
Health (States with implemented
asbestos programs).
20. Robert Sheriff, American Industrial
Hygienists Association.
21. David Spinazzolo, Association of
Wall and Ceiling Industries (asbestos
abatement contractors).
22. Susan Vogt. U.S. E.P.A.
23. John Welch. Safe Buildings
Alliance (former manufacturers of
asbestos products).
24. Margaret Zaleski, National
Association of State Attorneys General.
Facilitation Team and Executive
Secretary
Owen Olpin, Consultant to EPA
Eileen B. Hoffman, Federal Mediation &
Conciliation Services
Kathy Tyson, U.S. E.P.A. (Executive
Secretary)
Leah Haygood. The Conservation
Foundation
•Dan Dozier, Federal Mediation ft
Conciliation Services
John Wagner. Federal Mediation &
Conciliation Services
The committee met in plenary
sessions as well as in four work groups.
Each work group focused on a cluster of
related issues and reported to the
plenary on options and
recommendations. The plenary retained
all decision-making power of the
committee and often gave guidance to
work groups. Generally, for each day of
a plenary session, work groups
convened the day before to prepare
reports for the plenary. Neutral
facilitators were present at all work
group and plenary meetings to assist the
negotiations in moving forward.
At the end of the 2-month negotiating
process on April 3,1987, and after
extensive efforts, the committee was in
general agreement on the vast majority
of issues before it for the purposes of the
proposal. Agreement to solicit further
comment about alternatives was often
important in developing provisions to be
included as proposals. At the close of
the negotiations, some items remained
at issue and were not subject to
universal agreement. These consisted of
the following: definitions and response
actions for damaged and significantly
damaged thermal system insulation
ACM (relates to being deemed
nonfriable in the inspection section) and
damaged and significantly damaged
friable surfacing and miscellaneous
ACM. Also, the definition of asbestos
debris and the nature of cleaning
practices (initial and routine) for friable
ACBM or damaged or significantly
damaged thermal insulation under the
operations and maintenance section
were still at issue. While extending
negotiations beyond April 3,1987. may
well have enabled the committee to
resolve these issues, the Congressional
April 20,1987. deadline for issuing a
proposed rule precluded this possibility.
Although Federal Register practices
precluded the Agency from highlighting
these issues in the text of the proposed
rule, the public docket contains a copy
of the proposed rule which dearly
identifies the sections which contain
these unresolved issues.
On April 3.1967. the facilitators
prepared, for members' signatures.
statements supporting the use of the
agreed-on portions of the regulatory
language as a basis for a Notice of
Proposed Rulemaking. Members
representing 20 of the 24 interests seated
on the committee signed these
statements. Members representing 4 of
the interests seated on the committee
did not sign the statements, due to the
status of the unresolved issues
described above. Mr. Paul Schur. a
corepresentative of states with an
implemented asbestos program (an
interest that did not sign), signed in an
individual capacity. All committee
members, signatories and non-
signatories alike, retained for
themselves and for their constituencies
all rights which bear on the rulemaking.
including the right to comment fully
during the public comment period.
Notably, signatories supporting the
agreed-on regulatory language as a basis
for a Notice of Proposed Rulemaking did
so in considering that language as a
whole. The proposed rule's agreed-on
language was not necessarily ideal from
any one party's perspective.
On April 17.1987. the EPA
Administrator signed the proposed rule
developed through the negotiated
rulemaking process. The proposed rule
and the final Model Accreditation Plan
were published in the Federal Register
of April 30,1987. EPA's decision to use
the results of the negotiated rulemaking
process as a basis for a proposed rule
was explained in the April 30 document
(52 FR 15833).
The 60-day public comment period
ended on June 29. During this time
period. EPA staff conducted 10 Regional
briefings on the proposed rule for State
officials and a number of additional
briefings for interested parties. These
parties included school administrators.
school board officials and building
owners. At the conclusion of the public
comment period, the Agency had
received over 170 comments on the
proposed rule.
Several comments received by EPA
requested the Agency to hold a public
hearing on the proposed rule. As a result
of these comments, EPA conducted
public hearings on August 25 and 26.
Over 25 individuals representing a
variety of groups testified before EPA.
The testimony and transcript from the
public hearing were included in the
rulemaking's docket
D. Basis for EPA's Decision
After consideration of the proposed
rule and all the evidence in the
rulemaking record, including public
comments on the proposed rule, EPA
has decided to promulgate a final rule
which is like the proposal in most
respects. A relatively small number of
changes have been made from the
proposal to reflect public comments. In a
number of cases EPA decided not to
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Federal Register / Vol. 52. No. 210 /Friday. October 30. 1987 / Rules and Regulations 41829
•nake changes suggested by public
comments. The Agency discusses its
response either in this preamble or
* In the rulemaking docket
has determined that the
itions being announced in this
edition of the Federal Register use the
least burdensome methods which
protect human health and the
environment This determination is
supported by the discussion in this
preamble and the entire rulemaking
record EPA adopts as the reasoning
supporting its final rule the same basic
reasoning in the preamble to the
proposed rule ' ">2 FR15833). The
provisions of tr.is rule represent a
reasonable way to carry out the
statutory responsibilities of TSCA Title
n.
EPA's analysis of risk placed in the
rulemaking record when lhe-?roposed
rule was issued shows that asbestos in
schools could present a risk of concern
and that the measures required by this
rule are necessary to protect public
health and the environment EPA, as
discussed later in this preamble,
continues to rely on that risk analysis
for support of the final rule. While there
may be a wide divergence of opinion as
to the actual health effects from
asbestos exposure in schools. EPA
beli^KL there is little doubt that the
ded^Hhiaking process established by
this rare needs to be implemented. This
process is based on the responsibility of
local officials, with input from the local
community and with assistance from
specially-trained experts, to develop
management plans to implement
appropriate measures that will abate the
risk of asbestos in particular schools
depending upon local circumstances.
This decisionmaking process ensures
that the costs associated with this rule
will be reasonable while protecting
health and the environment EPA has
revised its costs somewhat from the
analysis in its proposal, but has not
changed its decision that these costs are
reasonable. The detailed revisions to the
Agency's costs analysis are discussed
later in this preamble and in the
rulemaking record. All public and
private schools will experience the cost
of a building walkthrough and visual
ins r Acting, which EPA has determined
wL. lot exceed • few hundred dollars
per «chool. Many schools, finding no
isbestos, will exp~ -:ence no further
;osts. Most of the maining schools
hat find ACM are expected to
mplement operations and maintenance
>rogn^^)iong with training, periodic
lumnj^ce and reinspection. EPA has
n fact revised downward the cost of thr
ypical school asbestos program. It is
expected that this cost will be about
$5.530 per school year, a cost that is
clearly minimal if there is a possibility
that adverse health effects may b«
avoided. EPA also notes that some
portion of the cost of the typical school
. program will not involve expenditures
by the schools but are so-called
"opportunity costs." The: are costs
assigned to the time sper school
employees in carrying ou. .e activities
required by the regulation. While these
are real costs of the program. EPA
expects that many schools will be able
to conduct the typical school program
through use of existing employees. Thus,
the costs of the program will appear to
the individual school officials and local
communities to be somewhat less than
EPA's economic analysis shows.
The decisionmsking process.
summarized above and discussed in
detail elsewhere in the preamble and
rulemaking record, will ensure the
reasonableness of other more extensive
response actions for particular schools.
IL Provisions of the Final Rul*
A. Introduction
This unit describes the various
provisions of the final rule. The changes
to the proposed rule made by the
Agency based on comments received
during the comment period are noted.
Following a discussion of applicable
regulatory definitions in Unit B and
general responsibilities in Unit C,
inspections and rcinspections. sampling
and analysis, and assessment of
materials are discussed in Units D., E,
and F, respectively. In Unit G., the
major elements of the management plan.
availability of the plan, and review of
the plan by Governors are discussed.
Unit H. describes requirements for
response actions to be taken by LEAs
under circumstances described in that
section. Unit L explains requirements for
training and periodic surveillance, and
Unit J. explains air sampling
requirements for determining when a
response action has been completed.
Unit K. discusses requirements to use
accredited persons to inspect buildings
for asbestos, develop management
plans, and design or conduct response
actions. Requirements to protect
abatement workers, custodial and
maintenance staff :.nd building
occupants are exp ned in Unit L.
Waivers for all c: part of a State
asbestos program are described in Unit
M~ including information required in the
waiver request and the process for
granting or denying such waivers.
Requirements for recordkeeping and
enforcement provisions are described in
Units N. and O, respectively.
B. Definitions
Several important definitions
(S 763.83) are discussed below.
"Asbestos-containing building
material (ACBMT encompasses
surfacing ACM. thermal system
insulation ACM. and miscellaneous
ACM in or on interior parts of the school
building. These include specified
exterior portions of school buildings
that, for the purposes of this rule, may
fairly be considered interior parts. EPA
focused upon interior building materials
because, in the Agency's experience.
such materials represent a very large
percentage of ACM in schools and
appear to pose the greatest hazards to
occupants.
The definition of "school building," in
the rule however. maTces it clear that
exterior hallways connecting buildings,
porticos, and mechanical system
insulation are considered to be in a
building and are subject to jurisdiction
under TSCA Title IL The Agency
believes that these exterior areas, by
virtue of the accessibility of the ACM
found there, warrant inclusion under the
rule. Often, these exterior areas are
connected to interior areas and could be
considered to be a single homogeneous
area in terms of a removal project
design.
"Asbestos debris" is defined as pieces
of ACDM that can be identified by color.
texture, or composition. The definition
also includes dust if the dust is
determined by the accredited inspector
to be asbestos-containing. The Agency
included dust in the definition based on
public comments.
"Damaged or significantly damaged
thermal system insulation ACM" is
defined as ACM on pipes, boilers, and
other similar components and
equipment where the insulation has lost
its structural integrity or its covering in
whole or in part, is crushed, water-
stained, gouged, punctured, missing or
not intact such that it is not able to
contain fibers. Damage may further be
illustrated by occasional punctures,
gouges, or other signs of physical injury
to ACM: occasional water damage on
the protective coverings/jackets; or
exposed ACM ends or joints. Asbestos
debris originating from adjacent ACBM
may also indicate damage. This
definition allows that even though the
insulation is marred, scratched or
otherwise marked, it may not be, in the
judgment of the accredited expert
damaged so as to release fibers. This
definition varies from the proposed
rule's language by providing more
specific guidance on the physical
characteristics that rosy constitute
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
damage. An accredited inspector shall
classify this material based upon a
determination of damage or significant
damage (55 763.85 and 763.88) and an
accredited management planner shall
recommend in writing appropriate
response actions (5 763.93).
"Damaged friable surfacing ACM" is
defined as ACM which has deteriorated
or sustained physical injury such that
the cohesion of the material or its
adhesion to the substrate 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: separating of ACM from the
substrate: flaking, blistering, or
crumbling of the ACM surface: water
damage: or significant or repeated water
stains, scrapes, gouges, mars, or other
signs of physical injury on the ACM.
Asbestos debris originating from
adjacent ACBM may also indicate
damage. The definition allows that such
surfacing material may show signs of
water damage or physical injury
without, in the judgment of the
accredited expert, always demonstrating
a lack of fiber cohesion or adhesion.
This definition varies from the proposed
rule's language by providing more
specific guidance on the physical
characteristics that may constitute
damage. Accredited experts will classify
material based upon a determination of
damage and recommend appropriate
response actions (55 763.85. 763.88, and
763.93).
"Miscellaneous ACM" includes a
wide variety of materials in buildings.
such as vinyl flooring, fire-resistant
gaskets and seals, and asbestos cement
Damage to these materials is defined by
the same cohesion and adhesion (if
appropriate) properties as surfacing
materials. The Agency believes this
definition is sufficiently general to
provide a reasonable approach to
assessing damage to so wide a range of
materials.
"Significantly damaged friable
surfacing ACM" is defined as material
in a functional space where the damage
is extensive and severe. (The definition
of significantly damaged friable
miscellaneous ACM closely parallels the
definition for significantly damaged
surfacing ACM.) Again, this
determination of significant damage will
be made by accredited experts
(55 763.85. 763.88. and 763.93).
This definition .s a function of two
major factors. The first factor deals with
extent or scope, of damage across a
functional space. The Agency, in draft
guidance, suggested that damage evenly
distributed across one-tenth of a
functional space or localized over one-
quarter represented significant damage
(See Seventh Draft Report. "Guidance
for Assessing and Managing Exposure to
Asbestos in Buildings." November 7,
•1986. p. 9). This represents a level of
damage which a panel of experts.
convened by the Agency, believed was
generally, although perhaps not always.
unreasonable to repair or restore.
The second factor involves the degree
or severity of the damage itself. A major
delamination of asbestos material for
instance, constitutes damage which is
more severe than slight marks or mars.
ACM. in the accredited expert's
judgment, may be so severely damaged
that there is no feasible means of
restoring it to an undamaged condition.
Material has potential for significant
damage as opposed to only potential for
damage if it is subject to major or
continuing disturbance, due to factors
such as accessibility (i.e.. subject to
disturbance by school building
occupants or workers in the course of
the normal activities), or. under certain
circumstances, vibration or air erosion.
For example, material within reach of
students above an entrance is clearly
accessible. Thermal system insulation
running along the base of a wall in a
boiler room is also accessible. Material
on the ceiling of a school auditorium.
beyond the reach of students, is not.
ACM on a high school gymnasium
ceiling, which might be reached with
basketballs or other objects, is subject
to either classification, although an LEA
might be well advised in this instance to
implement a preventive measure to
avoid disturbance.
EPA believes a wide range of
"preventive measures" exist. One
example is the installation of a stop to
prevent a door from striking (and
damaging) thermal system insulation
ACM behind it. Another might involve
restricting access of a corridor with
surfacing ACM on a low ceiling, where
students continually marred and
vandalized the material. The problem of
high school students hitting the gym
ceiling with basketballs may be
eliminated by a policy prohibiting such
activities, if it can be effectively
implemented. LEAs. in consultation with
maintenance staff and. if desired.
accredited experts, will identify a
variety of creative and effective means
of eliminating potential damage or
significant damage to ACM.
If, however, such preventive measures
cannot be effectively implemented.
other response actions, including
removal, will be required. The Act is
clear that EPA, as part of its rulemaking,
direct LEAs to mitigate those
circumstances which involve potential
for significant damage.
Based on public comments, the
Agency added the terms "air erosion"
and "vibration" to increase the
specificity of the "potential significant
damage" definition in the rule.
The "enclosure" definition requiring
an airtight impermeable, permanent
barrier around ACBM to prevent the
release of asbestos fibers into the air
does not contemplate a vacuum-sealed
area which is impossible to access.
Instead, this definition, based on the
National Institute of Building Sciences'
(NIBS') "Model Guide Specifications.
Asbestos Abatement in Buildings." July
18,1986. is associated with precise
engineering specifications, found in
section 09251 and elsewhere in the
NIBS' Model Guide, to construct
enclosures sufficient to prevent fiber
release. Also, this term, from the
standpoint of permanence, is not
intended to apply to mini-enclosures
described in the EPA worker protection
rule or Appendix B of the regulation, as
these enclosures are used temporarily
for repair or abatement activities.
"Functional space" is a term of art
used by the accredited expert to
appropriately characterize an area as
containing "significantly damaged
friable surfacing ACM" or "significantly
damaged friable miscellaneous ACM."
The "functional space" may be a room,
group of rooms, or a homogeneous area.
as determined appropriate by the
accredited expert. Note that the
functional space includes the area
above a dropped ceiling as well as crawl
spaces.
C. LEA General Responsibilities
The final rule requires LEAs to
designate a person to carry out certain
duties and ensure that such person
receives training adequate to perform
the duties.
Section 763.84 requires LEAs to ensure
that: (1) Inspections, reinspections.
periodic surveillance and response
action activities are carried out in
accordance with the final rule; (2)
custodial and maintenance employees
are properly trained as required by this
final rule: (3) workers and building
occupants are informed annually about
inspections, response actions, and post-
response action activities including
reinspections and periodic surveillance:
(4) short-term workers (e.g., telephone
repair workers) who may come in
contact with asbestos in a school are
provided information about locations of
asbestos-containing building material
(ACBM); (5) warning labels are posted
as required by this final rule; and (6)
management plans are available for
review and that parent teacher, and
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations 41831
employee organizations are notified of
the availability of the plan.
stly. LEAs shall consider whether
of interest may arise from
terrefa tranship among accredited
personnel (e.g.. the management planner
and abatement contractor) used by the
LEAs and whether that should influence
the LEA's selection of accredited
personnel. EPA added this provision
after reviewing public comments.
D. Inspections and Reinspectioiis
1. Inspections. Section 763.85 requires
LEAa to have an accredited inspector
visually inspect all anas of each school
building to identify locations of all
friable and nonfriable suspected ACBM.
determine friability by touching, and
either sample the suspected ACBM or
assume that suspected materials contain
asbestos. The inspector must then
develop an inventory of areas where
samples are taken or material is
assumed to contain asbestos. Finally,
the accredited inspector is required to
assess the physical condition of friable
known or assumed ACBM as required
under $ 763.85.
2. Exclusions. Section 76X99 define*
conditions that would exclude an LEA
from all or part of the initial inspection.
The accredited inspector h a key
elejBBpvt in the exclusion process. For all
in^^Bon exclusions, areas previously
idenWed as having friable ACM or
nonfriable ACM that has become friable
have to be assessed as required under
$ 763.88. All information regarding
inspection exclusions shall be placed in
the management plan.
Five types of exclusions for LEAs are
provided in the final rule. First. LEAs do
not need to have an initial inspection
conducted in specific areas of a school
where ACBM has already been
identified. Second, if previous sampling
of a specific area of the school indicated
that no ACM was present and the
sampling was dene in substantial
compliance with the final rule, the LEA
does not have to perform an initial
inspection of that area. Third. LEAs do
not have to inspect specific areas of
schools where records indicate that all
ACM was removed. Fourth. LEAs can
receive 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 Fifth.
States that receive a waiver from the
inspection requirements of the rule can
grant exclusions to school* that bad
perfas^ad inspections in substantial
com^^Bbe with the rule,
Z-nKspectiona. Section 7B3.8S(b)
requires LEA* to have accredited
inspectors conduct rainapectiona at leaat
once every 3 years. The inspector must
reinspect all known or assumed ACBM
and shall determine by touching
whether nonfriaWe materialhas become
friable since the last inspection. The
inspector may sample any newly friable
materials or continue to assume the
material to be ACM. The inspector shall
record changes in the material's
conditions, sample locations, and the
inspection date for inclusion in the
management plan. In addition, the
inspector must assess newly friable
known or assumed ACBM, reassess the
condition of friable known or assumed
ACBM. and include assessment and
reassessment information in the
management plan.
Section 783.85{c) states that thermal
system insulation that has retained its
structural integrity and that has an
undamaged protective jacket or wrap is
treated as nonfriable. Based on public
comments. EPA :hanged the wording in
this section from "deemed" nonfriable to
"treated as" nonfriable.
E. Sampling and Analysis
1. Sampling. Section 783.86 permits
the LEA to assume that suspected
ACBM is ACM. If the LEA does not
assume suspected ACBM to be ACM.
the LEA shall use an accredited
inspector to collect bulk samples for
analysis.
EPA expects that a school is likely to
sample only friable suspected ACBM.
For nonfriable suspected ACBM. EPA
anticipates most schools will assume
this material contains asbestos.
However, the final rule does not
preclude a school from sampling all of
its suspected ACBM, both friable and
nonfriable. Sampling of friable surfacing
materials should follow the guidance
provided in the EPA publication
"Simplified Sampling Scheme for Friable
Surfacing Materials" (EPA 560/5-85-
030a). To determine whether an area of
surfacing material contains asbestos,
sufficient samples shall be taken in a
statistically random manner to provide
data representative of each
homogeneous area being sampled.
In most cases, sampling of thermal
system insulation requires an accredited
inspector to take at least three randomly
distributed samples per homogeneous
area. The final rule includes three
exceptions to this requirement for
sampling of thermal system insulation.
First an accredited inspector can
determine through visual inspection that
the material is non-ACM (e.g.,
fiberglass). Second, only one sample »
required for patched homogeneous areas
of thermal system insulation. Third, an
accredited inspector needs to collect aa
appropriate number of samples to
determine whether cement or plaster.
tees are ACM. •
For friable miscellaneous material or
nonfriable suspected ACBM. an •
accredited inspector must collect bulk
samples in an appropriate manner.
2. Analysis. Section 763.87 requires
analysis of bulk samples by laboratories
accredited by NBS. In the period before
NBS has developed its accreditation
program, laboratories which have
received interim accreditation from EPA
may be used to analyze samples. The
interim program is explained in a notice
in the Federal Register (52 FR 33470.
September 3,1987). After receiving the
sample results, the LEA must consider
an area to contain asbestos if asbestos
is present in any sample in a
concentration greater than 1 percent.
Compositing of samples (mixing several
samples together) is prohibited.
The 1982 EPA rule "Asbestos in
Schools: Identification and
Notification". 40 CFR 763. Subpart F.
required analysis of bulk asbestos
samples by PLM and provides a protocol
for analysis in its Appendix A to
Subpart F. EPA requires use of the same
PLM method for this final rule. As it
develops the accreditation process for
laboratories performing analysis of bulk
samples. NBS will consider whether to
change the PLM protocol. If NBS
recommends changes. EPA will amend
this rule accordingly.
F. Asfessment
Section 763.88 outlines a general
assessment procedure to be conducted
by an accredited inspector during each
inspection or reinspection. The
accredited inspector is required to
cla&sify ACBM and suspected ACBM
assumed to be ACM in the school
building into broad categories
appropriate for response actions. In
addition, after reviewing public
comments, the Agency decided to
require the inspector to give reasons in
the written assessment supporting his
classification decisions. Assessment
may include a variety of considerations,
including the location and amount of
material, its condition, accessibility,
potential for disturbance, known or
suspected causes of damage, or
preventive measures which might
eliminate the reasonable likelihood of
damage. The LEA is directed to select
an accredited management plan
developer who. after a review of the
results of the inspection and the
aaseaaneat shall recommend in writing
appropriate response acttona.
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41832 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
C. Management Plans
Section 763.93 requires LEAs to
develop an asbestos management plan
for each school under its administrative
control or direction. The plan must be
developed by an accredited asbestos
management planner. Some of the major
components required in the plan include:
A description of inspections and
response actions; an assurance that
accredited persons were used to
conduct inspections, develop
management plans, and design or
conduct response actions; and a plan for
reinspection, periodic surveillance, and
operations and maintenance.
Each LEA is required to maintain a
copy of the management plan in its
administrative office, and each school is
required to maintain a copy of the
school's management plan in the
school's administrative office. These
plans are to be made available for
inspection by the public without cost or
restriction. LEAs must notify in writing.
parent, teacher, and employee
organizations of the availability of
management plans upon submission of
the plan to the State and at least once
each school year. The requirement for
written notification was added after the
Agency reviewed comments from the
public. In addition, based on public
comments received on the proposed
rule, the Agency has included in the
final rule a requirement that in the
absence of any such organizations, the
LEA shall provide written notice to that
group (e.g., parents) of the availability of
the management plan.
Section 763.93 requires LEAs to
submit their management plans to their
States on or before October 12, 1986.
Each LEA must begin implementation of
its management plan on or before July 9.
1989. and complete implementation of
the plan in a timely fashion.
H. Response Actions
The final rule identifies five major
response actions—in S 763.91 operations
and maintenance (O&M) and in \ 763.90,
repair, encapsulation, enclosure and
removal—and describes appropriate
conditions under which they may be
•elected by the LEA. The final rule also
identifies the steps which shall be taken
to properly conduct and complete the
response actions.
The LEA is required to select and
Implement in a timely manner the
appropriate response action. The
response action selected shall be
sufficient to protect human health and
the environment From among the
response actions that protect human
health and the environment, the LEA
may select the response action that is
least burdensome.
LEAs are required to use accredited
persons to design or conduct response
actions. Section 763.90 specifically
provides that nothing in the rule shall be
construed to prohibit the removal of
ACBM from a school building at any
time, should removal be the preferred
response action of the LEA.
Different response actions are
required for each of the five major
categories of damaged or potentially
damaged ACBM. These categories are:
1. Damaged or significantly damaged
thermal system insulation ACM.
2. Damaged friable surfacing or'
miscellaneous ACM.
3. Significantly damaged friable
surfacing or miscellaneous ACM.
4. Friable surfacing or miscellaneous
ACM, and thermal systnm insuljtion
ACM which has polpntiul for significant
damage: and
S. Friable surfacing or miscellaneous
ACM. thermal system insulation ACM
which has potential for damage.
In each of the categories above.
procedures for appropriately controlling
or abating the hazards posed by the
ACBM are set forth. For damaged or
significantly damaged thermal system
insulation, the LEA must at least repair
the damaged area. If it ii not feasible.
due to technological factors, to repair
the damaged material, it must be
removed. Further, the LEA must
maintain all thermal system insulation
in an intact state and undamaged
condition. If damaged friable surfacing
or miscellaneous ACM is present, the
LEA shall encapsulate, enclose, remove.
or repair the damaged area. After
selecting the appropriate response
actions that protect human health and
the environment, the LEA may consider
local circumstances, including
occupancy and use patterns within the
school building, and economic concerns,
such as short- and long-term costs.
When friable surfacing or miscellaneous
ACBM is significantly damaged, the LEA
must immediately isolate the functional
space and then must remove the
material in the functional space, unless
enclosure or encapsulation would be
sufficient to contain fibers.
Response actions for ACBM with
potential for damage and potential for
significant damage emphasize O&M and
preventive measures to eliminate the
"reasonable likelihood that damage will
occur. When potential damage is
possible, the LEA must at least
implement an O&M program. If there is
potential for significant damage and
preventive measures cannot be
effectively implemented, response
actions other than O&M or area
isolation may be required.
Section 763.91 requires the LEA-to
implement an operations, maintenance
and repair (O&M) program for any
school building in which friable ACBM
is present or assumed to be present in
the building. Any material identified as
nonfriable ACBM or nonfriable assumed
ACBM which is rendered or is about to
be rendered friable as a result of
activities performed in the school
building shall be treated as friable. For
example, if nonfriable ACBM wallboard
was about to be sanded, operations and
maintenance procedures would be
.required. The O&M program, which must
be documented in the LJ1A management
plan, consists of worker protection
(summarized in Unit U.K.), cleaning,
operations and maintenance activities
(also in Unit U.K.). and fiber release
episodes.
An initial cleaning is required, which
employs wet methods and is conducted
at least once after completion of the
inspection and before the initiation of a
response action other than an O&M
activity. In addition, the rule also
requires that an accredited management
planner make a written recommendation
to the LEA regarding whether additional
cleaning is needed. The
recommendation on additional cleaning
was added to the rule based on public
comments.
The final rule requires that O*M
activities (other than small-scale, short-
duration activities) which disturb
asbestos shall be designed and
conducted by persons accredited to do
such work. (A discussion of what
constitutes small-scale, short-duration
projects is given in Appendix B to
Subpart E.) Finally, procedures are
provided for responding to fiber release
episodes—the uncontrolled or
unintentional disturbance of ACBM. For
minor episodes (i.e., those involving 3
square or linear feet or less of ACBM),
basic cleaning and containment
practices for O&M staff are listed. For
larger amounts, accredited personnel
are required to respond.
/. Training and Periodic Surveillance
The LEA shall ensure that all
members of its maintenance and
custodial staff receive at least 2 hours of
awareness training. The LEA must also
ensure that staff who conduct any
activities which will disturb ACBM
receive an additional 14 hours of
training. Specific topics to be covered in
the 2-hour and 14-hour training courses
are listed in S 763.92(a).
Section 763.92(b) requires periodic
surveillance to be performed at least
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations 41833
once every 6 months. The LEA may use
unaccredited personnel such as
jiana or maintenance workers to
; surveillance activities. Periodic .
_ ice requires checking known or
assumed ACBM to determine if the
ACBM's physical condition has changed
since the last inspection or surveillance.
The date of the surveillance and any
changes in the condition of the ACBM
must be added to the management plan.
/. Completion of Response Actions
After performing • thorough visual
inspection, air testing is used to
determine if a response action has been
completed (} 763.90(i)). Clearance air
monitoring will not be required for
small-scale, short-duration projects.
Phase Contrast Microscopy (PCM) is
allowed for response actions involving
260 linear or 160 square feet or less, the
amounts used to trigger removal
requirements under EPA'i NESHAP (40
CFR Part 61. Subpart M).
Section 763.90 requires the use of
transmission electron microscopy (TEM)
for most removal enclosure, and
encapsulation response actions.
Laboratories are to be accredited by the
National Bureau of Standards (NBS).
Until NBS develops its program. LEAs
laboratories that use the
ol described in Appendix ,
A torSubpart E. EPA continues to
believe that TEM is the method of
choice for air sample analysis because.
unlike PCM. TEM analysis can
distinguish asbestos from other fibers
and detect the small thin fibers found at
abatement sites. Therefore the use of
TEM will significantly improve the
adequacy of cleanup and is
recommended over PCM when
available. However, due to limited
availability of microscopes for air
sample analysis and the cost and time
associated with TEM analysis, the final
rule allows a phase-in period for the
TEM requirement. For 2 years after the
rule becomes effective. LEAs may
choose to use PCM for response action!
comprising 3.000 square or 1.000 linear
feet or less. For 1 year after this. LEAs
nay use PCM for clearance of project*
}f 1.500 square or 500 linear feet or less.
JLAs retain full discretion to require use
if TEM at any time for any project.
fhe criterion for determining whether
- response action is complete when
'sing PCM will require multiple samples
minimum of five) with clearance
llowed only if all of the Individual
below the limit of reliable
of the PCM method (0.01
ibers/o). The rule requires persona to
se the NIOSH 7400 method for PCM
learance.
The rule has a three-step process for
using TEM to determine successful
completion of a removal response
action. The first step is a careful visual
inspection, as mentioned above. The
two steps that follow involve a
sequential evaluation of the five
samples taken inside the worksite and
five samples taken outside the worksite.
Both sets of samples must be taken at
the same time to ensure that
atmospheric conditions are the same
and that the comparisons are valid. The
inside samples are analyzed first If the
average concentration of the Inside
samples does not exceed the filter
background contamination level
(discussed in detail in Appendix A to
Subpart E). then the removal is
considered complete.
Step three is taken If the average
concentration of the samples taken
inside the worksite are greater than the
filter background contamination level In
this case, an encapsulation, enclosure,
or removal response action is
considered complete when the average
of five samples taken inside UM
worksite is not significantly larger than
the average of five samples taken
outside the worksite. A statistical
comparison using the Z-Test must be
used to determine whether the two
averages are significantly different (A
discussion on how to compare measured
levels of airborne asbestos with the Z-
Test is given in Appendix A to Subpart
E.) If the concentrations are not
significantly different then the response
action is considered complete. If the
inside average concentration is
significantly higher, recleaning is
required and new air samples must be
collected and evaluated after the
worksite has been cleaned and
re inspected.
K. Use of Accredited Persons
Section 206 of Title 11 of TSCA
requires accreditation of persons who:
1. Inspect for ACM in school
buildings.
2. Prepare management plans for such
schools.
3. Design or conduct response actions
with respect to friable ACM in such
schools (other than O&M activities).
Section 206 of Title fl of TSCA
required EPA to develop a Model
Contractor Accreditation Plan by April
20,1987. The Agency met this deadline
and the model plan was published in the
Federal Register of April 30,1987 (52 FR
15875). The plan appears as Appendix C
to Subpart E. A notice listing EPA
approved courses appears elsewhere la
this iasue of the Federal Register.
Persona can receive accreditation
from • State that aa« instituted en
accreditation program at least as
stringent as the requirements of the
Model Plan. In addition, persona in
States that have not yet developed
programs at least as stringent as the
Model Plan can receive accreditation by
passing an EPA-approved training
course and exam that are consistent
with the Model Plan. The Model Plan
requires persons seeking accreditation
to take an initial course, pass an
examination, and participate in
continuing education.
L. Worker and Occupant Protection
Worker protection requirements for
removal, encapsulation and/or
enclosure response actions are already
in effect under the EPA worker
protection rule (40 CFR Part 783. Subpart
G); and the OSHA construction
standard (29 CFR 1926.58). EPA's
NESHAP standard, although designed to
protect outdoor air. also provides
incidental protection to workers.
Essentially, under S 763.91. the
regulation extends coverage of EPA's
worker protection rule at 40 CFR 763.121
to maintenance and custodial personnel
In schools who perform O&M activities
but are not covered by OSHA's
construction standard or an asbestos
regulation under an OSHA approved
State plan. The EPA worker protection
rule Itself extended the same protections
as the OSHA construction standard to
asbestos abatement workers who are
employees of State and local
governments and who are not otherwise
covered by OSHA regulation or OSHA
approved State plans. This final rule
further extends these standards to O&M
workers who are LEA employees. These
regulations basically establish a
Permissible Exposure Limit (PEL) of 0.2
fibers per cubic centimeter (f/cms) over
an 8-hour period for abatement project
workers exposed to airborne asbestos
and an action level of 0.1 f/cm3 which
triggers a variety of worker protection
practices. These practices include air
monitoring, regulated work areas,
engineering and work practice controls,
respiratory protection and protective
clothing, hygiene facilities and practices,
worker training, medical surveillance.
and recordkeeping requirements.
Aa an alternative, however, OSHA's
standard allows employers to institute
the provisions of its Appendix G in the
case of small-scale, short-duration
projects rather than comply with the full
worker protection standard. Appendix B
to Subpart E la an adaptation of OSHA's
Appendix C and. thus, allows more
flexibility in dealing with minor (small-
Male, short-duration) projects.
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41834 Federal Register / Vol. 52. No. 210 /Friday. October 30. 1987 / Rules and Regulations
None of the requirements of the
OSHA standard or the EPA worker
protection rule would apply if asbestos
concentrations are below the action
level (0.1 f/cm3). There are. however.
fairly stringent requirements established
by OSHA and adopted by EPA for
purposes of this rule to show that levels
are below this action level for any
activity, including small-scale, short-
duration projects. These requirements
are discussed in the following
paragraphs.
Employers who have a workplace or
work operation covered by the EPA
worker protection rule must perform
initial monitoring to determine the
airborne concentrations of asbestos to
which employees may be exposed. If
employers can demonstrate that
employee exposures are below the
action level (0.: f/cm3) by means of
objective data, then initial monitoring is
not required. If initial monitoring
indicates that employee exposures are
below the PEL. then periodic monitoring
is not required.
The exemption from monitoring in
S 763.121(f)(2)(iii) of the worker
protection rule for employers who have
historical monitoring data is included in
recognition of the fact that many
employers have conducted or are
currently conducting exposure
monitoring. This exemption would
prevent these employers from having to
repeat monitoring activity for O&M .
activities that are substantially similar
to previous jobs for which monitoring
was conducted.
However, for purposes of this rule.
EPA requires that such monitoring data
must have been obtained from projects
conducted by the employer that meet
the following conditions:
1. The data upon which judgments are
based are scientifically sound and
collected using methods that are
sufficiently accurate and precise.
2. The processes and work practices
in use when the historical data were
obtained are essentially the same as
those to be used during the job for which
initial monitoring will not be performed.
3. The characteristics of the ACM
being handled when the historical data
were obtained are the same as those on
the job for which initial monitoring will
not be performed.
4. Environmental conditions prevailing
when the historical data were obtained
are the same as for the job for which
initial monitoring will not be performed.
When OSHA issued the final asbestos
standard on June 20,1986 (51 FR 22664).
it published data from routine facility
maintenance which "demonstrates a
potential for exposure of maintenance
personnel to concentration* exceeding
0.5 f/cm3 (fibers per cubic centimeter)."
OSHA further stated:
With the exception of wet handling, which
ii feasible in only very limited situations due
to problems luch •• electrical wiring, and the
use of 11EPA vacuum* for the clean-up of any
debris generated during maintenance
activities. OSHA believes that there do not
appear to be any feasible engineering
controls or work practic.es available to
reduce these potential exposure to levels
below the 0.2 f/cm1 PEL and that respirators
will b« required to comply with the 0.2 f/cm '
PEL,
LEAs are required, under the
provisions of § 763.91 of this rule, to
ascertain, through monitoring
procedures or historic monitoring data.
and to document that these levels have
not been reached.
Under § 763.91. basic occupant
protection requirements are established
(regardless of air level) for any O&M
activity in a school building which
disturbs ACBM. Primarily, access must
be restricted, signs posted, and air
movement outside the area modified.
Necessary work practices shall be
implemented to contain fibers, the area
shall be properly cleaned after the
activity is completed, and asbestos
debris must be disposed of in a proper
manner.
Section 763.95 requires the LEA to
attach warning labels immediately
adjacent to any friable and nonfnable
ACBM or suspected ACBM in routine
maintenance areas, such as boiler
rooms, until the material is removed.
They shall read, in large size or bright
colors, as follows: CAUTION:
ASBESTOS. HAZARDOUS. DO NOT
DISTURB WITHOUT PROPER
TRAINING AND EQUIPMENT.
M. Waiver for State Programs
Section 763.98 provides a procedure to
implement the statutory provision that a
State can receive a waiver from some or
all of the requirements of the final rule if
the State has established and is
implementing or intends to implement a
program of asbestos inspection and
management at least as stringent as the
requirements of the final rule. The rule
requests specific information to be
included in the waiver request
submitted to EPA. establishes a process
for reviewing waiver requests, and sets
forth procedures for oversight and
rescission of waivers granted to States.
The final rule requires States seeking
waivers to submit requests to the
Regional Administrator for the EPA
Region in which the State is located.
Within 30 days of receiving a waiver
request. EPA must determine whether
the request is complete. Within 30 day*
after determining mat a request is
complete. EPA will issue in the Federal
Register a notice that announces receipt
of the request and solicit written
comments from the public. Comments
must be submitted within 60 days. If.
during the comment period. EPA
receives a written objection to the
State's request or a written request for a
public hearing. EPA will schedule a
public hearing (as is required by TSCA
Title II) to be held in the affected State
after the close of the comment period.
EPA will issue a notice in the Federal
Register announcing its decision to
grant or deny, in whole or in part, a
request for waiver within 30 days after
the close of the comment period or
within 30 days following a public
hearing.
N. Recordkeeping
Section 783.94 requires that LEAs
collect and retain various records which
are not part of the information
submitted to the Governor in the
management plan. Records required by
the rule include those pertaining to
certain events which occur after the
submission of the management plan.
including: Response actions and
preventive measures; fiber release
episodes: periodic surveillance; and
various operations and maintenance
activities. Records required must be
maintained in a centralized location in
the administrative office of the school
and the local education agency.
For each homogeneous area where all
ACBM has been removed, the LEA shall
retain such records for 3 years after the
next reinspection.
O. Enforcement
TSCA Title II. section 207(a) provides
civil penalities of up to $5.000 per day
for violations of Title II of TSCA when
an LEA fails to conduct inspections in a
manner consistent with the final rule.
knowingly submits false information to
the Governor, or fails to develop a
management plan in a manner
consistent with the final rule, knowingly
submits false information to the
Governor, or fails to develop a
management plan in a manner
consistent with this rule. TSCA Title U,
section 16 provides civil penalties of up
to $25,000 per day for violations of Title
I of TSCA when a person other than an
LEA violates the final rule. Criminal
penalties may be assessed if any
violation committed by any person
(including a LEA) is knowing or willful.
The rule provides a process for filing
complaints by citizens and requires that
such complaints be investigated and •
responded to within a reasonable period
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Federal Register / Vol. 52. No. 210 /Friday. October 30. 1987 / Rules and Regulations 41835
of time consistent with the nature of the
violation alleged.
P. "feasport and Disposal
^B>n 203(h) of TSCA Title II
reqSres EPA to promulgate regulation*
which prescribe standards for
transportation and disposal of asbestos-
containing waste material. The final rule
on transport and disposal was to be
issued by October 17, 1987. as part of
the final regulations under TSCA Title
IL EPA had planned to use revised
NESHAP regulations on disposal of
asbestos waste to satisfy the
requirements of section 203(h) of Title II.
However, completion of the NESHAP
revision has been delayed.
Accordingly, under section 204(a) of
Title II. LEAs shall carry out the
requirements described in section 204(f).
Section 204(f) states that "the local
education agency shall provide for the
transportation and disposal of asbestos
in accordance with the most recent
version of the Environmental Protection
Agency's "Asbestos Waste Management
Guidance" (or any successor to such
document)." Under TSCA Title I. section
15(1)(D). as amended by AHERA section
3. EPA may enforce the provisions of
section 204(f). The chapters of the waste
management guidance document which
pertau^p transport and disposal have
bee^^Ated in this Federal Register
noti^Bf Appendix 0 to Subpart E.
EPA intends to issue the revised
asbestos NESHAP as a proposed rule
under section 203{h) of TSCA title II to
govern transport and disposal of
asbestos waste from schools. Section
204(f) will be in effect until a final rule
under section 203(h) is promulgated.
Further. EPA also intends that the
NESHAP waste disposal rules will
ultimately regulate asbestos emissions
from waste disposal when they are
promulgated.
III. Response to Public Comment*
This unit discusses EPA's responses to
the most significant issues raised in the
comments received from the public. A
more comprehensive version of EPA's
response to comments received has
been placed in the public record.
Comments and responses are
organized in this unit according to the
reievant section of the regulation.
4. Scope and Purpose
Comments were received regarding
jiree aspects of the Scope and Purpose
tection (5 763.80). Comments from a
;roup^Uechn»cal practitioners, which
ndu^^vchilects, engineers, and
zonsuWs involved in asbestos control.
suggested that preschool nurseries.
colleges, and universities should be
included in the schools covered by the
regulation. A second issue raised in the
comments recommended that nonfriable
materials not be subject to the
inspection and management plan
requirements of the regulation. Third,
many commenters expressed concerns
that the October 12.1988. deadline for
submitting management plans to States
could not be met.
On all three of these issues, the
statutory language of Title II is dear and
the regulation reflects the statute. Title
II only gives EPA authority to regulate
"local education agencies." The
definition of "local education agency" in
section 202(7) refers only to public and
private elementary and secondary
schools. Section 203 of Title II requires
inspection for "asbestos-containing
materials" which includes both friable
and nonfriable asbestos (see section
202). Management plan provisions of
Title II also refer to "asbestos-
containing material." Finally, section
205(a) of Title II specifies that '720 days
after enactment" of this title (i.e..
October 12,1968) local education
agencies must submit management
plans to the Governors of their States.
Based on the comments received. EPA is
concerned about the ability of LEAs to
complete and submit management plans
by October 12.1988. The deadline,
however, is prescribed in the statute.
B. Definition!
1. Asbestos containing building
material. In general, union groups and
education groups urged the
incorporation into the rule of all exterior
ACM and other asbestos material such
as asbestos glove*. Conversely, several
school administration groups argued to
limit the rule to interior areas only and
not to include asbestos glove* and other
such materials within the scope of the
rule.
TSCA Title II was designed to provide
school children and school employees
with a safe environment while attending
classes or working inside school
buildings. The statute in several places
specifically authorizes EPA to regulate
asbestos "in" school buildings.
Furthermore, an extension to all exterior
areas would result in only small health
benefits since most exterior ACM is
enclosed in solid matrices such as
cement, is nonfriable. and it not
generally disturbed. Dealing with
exterior materials would constitute an
expensive undertaking for schools in
term* of inspection and management
plan development for such small health
benefits. The Agency believes the
proposed rule's coverage of all interior
areas and a few specified exterior areas
that function similar to interior areas
protects the health of building
occupants.
EPA also interprets TSCA Title II as
not induding nonbuilding asbestos
products within the scope of the rule.
The definition of friable ACM in the
statute (section 202(6)) refers to ACM
applied on ceilings, walls, structural
members, piping, duct work, or any
other part of a building. At no point does
the statute cite as examples nonbuilding
materials such as asbestos gloves. If
certain schools such as vocational
schools have other types of asbestos
products in their buildings (e.g.
automobile brake linings) they may
want to voluntarily address these issues
in a fashion similar to the AHERA
requirements.
2. Asbestos debris. A number of
commenters have sought to have dust
included in the definition of asbestos
debris. Some other commenters favor
expanding the definition of asbestos
debris to include dust in the immediate
vicinity of friable ACM. Other
commenters representing former
asbestos manufacturers and school*
argued that dust should not be included
as part of the definitions of asbestos
debris or a* evidence of damage.
The Agency believes that an
accredited expert be allowed to exercise
judgment in determining whether
asbestos fibers or dust constitute
damage. EPA believes that accredited
experts can determine whether dust has
originated from adjacent ACBM. The
Agency maintains, however, that not all
dust in schools is ACM. An accredited
person on-the-scene in a school building
can make the determination of damage
due to the presence of dust based on
training and experience. As a result.
EPA has included in the final rule's
definitions of asbestos debris the
flexibility for the accredited inspectors
to determine dust to be asbestos
containing.
3. Significantly damaged friable
surfacing and miscellaneous ACM.
Many commenters thought that
significantly damaged asbestos should
be defined to be damage that is either
extensive "or" severe, rather than
extensive "and" severe as in the
proposal. These commenters included
education groups and unions. They
believe that either condition can pose a
significant health threat.
The Agency disagrees with the
comments. Significantly damaged friable
surfacing and miscellaneous ACM must
refer to the most severely damaged
areas where the damage is also
widespread. Damage that is widespread
or only severe is of concern, but should
not necessarily require a response
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41836 Federal Register / Vol. 52, No. 210 / Friday. October 30. 1987 / Rules and Regulations
action of the same magnitude as those
situations where both are present.
4. Operations and maintenance. Many
commenten recommended that O&M
apply to all ACBM not just friable
ACBM. Some of these commenters were
primarily concerned with the need for
periodic surveillance of all ACBM. not
just friable ACBM as suggested by the
proposed rule's definition.
The Agency disagrees with the
recommendation to extend O&M to
nonfriable ACBM. Section 203(0 states
that O&M is for friable ACBM. Periodic
surveillance (see section 203(g) and
training requirements (see generally
section 206). however, apply to all ACM.
The final rule makes clear these
statutory distinctions. Section 763.91
dealing with O&M refers to friable
asbestos and § 763.92 dealing with
periodic surveillance and training apply
to all ACM (including friable and
nonfriable materials).
5. Potential damage and potential
significant damage. Many groups
commented on these definitions. A
group representing former asbestos
manufacturers argue that the best
indicator of potential damage is
evidence of past damage. Some union
groups and State attorneys general
commented that in addition to
accessibility, potential significant
damage ought to include air erosion and
vibration as disturbance factors.
The Agency believes adding the terms
air erosion and vibration increases the
specificity of the rule and clarifies the
original intent of the proposed
regulation. As a result, the Agency
accepts the comments regarding air
erosion and vibration and has added
definitions for each of these terms. EPA
believes that whether past damage is
the best indicator of potential damage is
irrelevant to defining potential damage.
As asbestos material ages, it may
become more susceptible to damage.
The Agency, accordingly, believes that
all circumstances must be considered in
assessing potential damage.
6. Repair and enclosure. A sizable
number of commenters suggested that
EPA change the wording of both of these
definitions to require the preventing of
fiber release. In the proposed rule, repair
"contained" fiber release and enclosure
"controlled" fiber release. In addition.
another conunenter suggested adding
the requirements of inaccessibility and
permanence for enclosed ACM. One
commenter wanted to expand the
enclosure definition to account for spray
applied enclosures.
EPA agrees with the recommendation
regarding fiber release. Preventing fiber
release clarifies the intent of the repair
definition. An enclosure is on airtight.
impermeable, permanent barrier and as
such must by definition prevent the
release of fibers.
7. Vibration and air erosion. Several
commenters suggested these terms be
defined in the rule.
EPA agrees with the commenters and
has added definitions for both terms
C. LEA Responsibilities
Several issues in this section were
commented upon by LEAs. education
associations, school administrators and
school board groups and state
government officials.
Comments were received on the
requirement in the proposed rule for the
LEA to designate a person to ensure that
the requirements of this section are
properly implemented. Some
commenters felt that this requirement
was unnecessary while other
commenters felt that the requirement of
the proposed rule was sufficiently
flexible to allow for differences in size
and capabilities of LEAs. Some
commenters favored appointment of an
asbestos program manager with more
stringent training or qualification
requirements for that person. EPA has
retained for the final rule the
requirement for a designee to ensure
proper implementation of LEA
responsibilities. This approach provides
the benefits of having a single overseer
for the asbestos program without the
added burden of more stringent training
or qualification requirements.
Many parties commented on the
requirement that LEAs ensure that
short-term workers (telephone repair
workers, administrators, etc.) who may
come in contact with asbestos are
"instructed in safe work practices"
regarding ACM. Commenters felt that
this placed an undue burden on LEAs
and that the responsibility for this kind
of instruction for short-term workers
rests with their employer. EPA agrees
with these comments and has eliminated
this requirement while retaining the
provision that LEAs ensure that short-
term workers are provided information
about the locations of ACBM.
The potential for conflicts of interest
between accredited inspectors.
management planners, and persons who
design or conduct abatement actions
also was discussed by a variety of
commenters. Some commenters
suggested that EPA should require the
accredited persons to sign a conflict of
interest statement certifying no party
has a financial relationship with other
parties involved in the inspection.
development of the management plan, or
performance of the response action. The
Agency recommends that LEAs consider
requesting a full financial disclosure
from all potential accredited
professions. It may be more efficient for
LEAs to use the same firm to conduct
the inspections and develop the ' '
management plans to promote
continuity in the process. However,
LEAs should be wary of employing one
firm to develop both the management
plan and conduct response actions.
since the management planner's
recommendations about response
actions could be influenced by the
potential profitability of the
recommendation. A similar conflict of
interest problem could exist when an
abatement firm and an air monitoring
firm arc directly or indirectly connected.
The air monitoring firm could
conceivably provide false results thai
indicate a building is safe for
reoccupancy and the abatement
contractor has successfully completed
the job. EPA has modified the LEA
responsibilities section of the rule to
specifically state that LEAs must
consider conflict of interest issues.
However, any resolution of such issues
is solely at the discretion of the LEA.
D. Inspections and Reinspections
Comments received on this section
dealt with three subjects: the scope of
the inspection: the standardization of
the inspection: and the inspection
process itself. 1
Regarding the scope of the inspection
comments were received on whether
dormitories should be included in the
inspection requirement. EPA concurs
with the comments supporting the
proposed rule's language including
dormitories in the inspection. The
Agency believes this is a reasonable
extension of the definition of school
building since the intent of AHERA is to
protect children while attending school.
Comments were also received regarding
incorporation into the rule of all exterior
ACM and other asbestos-containing
products. As described in the
"Definitions" part of this Unit. EPA
believes these additions are
unwarranted.
Comments were received regarding
the use of a standardized inspection
form, and commenters also urged EPA to
issue a guidance document for
inspectors and management planners.
EPA disagrees with comments
supporting a mandatory inspection form.
The Agency believes LEAs. accredited
inspectors, and States should be
allowed the flexibility to develop
inspection forms to suit their needs.
However, EPA is developing a guidance
document for LEAs which explains the
requirements of this rule, and that
document will contain, among other
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules anc Regulations 41837
things, a ggested format for inspection
and mar.i Cement plans. In addition. EPA
has developed a model course for
of inspectors and
planners which will
uniform guidance to Inspectors
and management planners regarding
their responsibilities. Further, before any
course is offered to accredit inspectors
and management planners, it must be
reviewed and approved by EPA in
accordance with the provisions of the
Modd Accreditation Plan. This review
process will help ensure that inspectors
and management planners receive
uniform guidance.
The Agency received comments about
the requirement for reinspection every 3
years by an accredited inspector. Some
commentere supported this requirement.
others thought the reinspection should
be more frequent, still others felt that
the reinspection should be less frequent
and that use of an accredited inspector
was unnecessary. EPA believes a 3-yenr
remspfction requirement to be
conducted by an accredited inspector is
necessary. The Agency is concerned
that an annual reinspection as suggested
by some comrnenters would prove
unduly burdensome to LEA* while
providing limited information. The rule
provides for periodic surveillance
at least twice a year to keep
changes in the ACBM's
: On the other hand, the
Agency believes a reinspection every S
years is too long a period of time for a
school's ACBM not to be checked by an
accredited inspector. ACBM could
deteriorate substantially over a 5-year
period of time. The Agency disagrees
with comments suggesting that
unaccredited persons should be
permitted to perform ^inspections.
Accredited inspectors will have special
training to determine changes in the
physical condition of ACBM. The
purpose of periodic surveillance, which
may be conducted by unaccredited
personnel, is to note observable changes
in the condition of ACBM. For example,
a periodic surveillance check would
notice a water leak through an ACBM
ceiling. Tne Agency believe* the
combination of the semiannual periodic
surveillance check and the 3-year
reinspe< rton by an accredited inspector
provide? for adequate scrutiny of ACBM
present m schools.
Industry comrnenters commended the
proposed rule for allowing thermal
system insolation that has retained its
structural integrity and that has an
unf^Bged protective jacket or wrap
tha^^ent* fiber release" to be
"deemed" nonfriabte for .the purposes of
this regulation. Other* oomnenters
believed this is a misrepresentation of
the true nature of the material, which is
still friable under its covering.
The Agency agreed with comment*
that state friable thermal system
insulation cannot properly be "deemed"
nonfriable. This constitutes an
inaccurate depiction of the true nature
of this material. An undamaged jacket
on thermal system insulation may be .
properly been as an enclosure, which
prevents fiber release and reduces
hazard, but does not change the
characteristics of material friability
behind or under the enclosure.
However, while the Agency considers
it inappropriate to "deem" or
characterize friable thermal system
insulation as nonfriable. it is appropriate
to "treat" this material as nonfriable.
EPA. in its guidance and technical
assistance activities, has traditionally
treated undamaged friable thermal
system insulation as nonfriable. for the
purposes of cleaning and other O&M
activities.
Accordingly, thf regulation at
i 783.85(cj has b n modified to state
that thermal ayr. : insulation that has
retained it* struc* al integrity and that
has an undamagc.. orotective jacket or
wrap that prevents fiber release shall be
treated as oonfruDle.
Ultimately, however, the change in
wording does not change the intent of
the regulation that thermal insulation
that has both an intact protective jacket
and has retained structural integrity
should be subject to periodic
surveillance and preventive measures.
and that custodial and maintenance
workers must be trained to deal with
such material. Furthermore, if the
thermal insulation is disturbed or is
about to be disturbed such that it would
be rendered friable, all applicable 0AM
and response action provisions will
apply. EPA believes that this i*
consistent with NESHAP. which
considers such material to be friable
when disturbed or removed.
E. Bulk Asbestos Sample Measurement
Comments suggested that EPA allow
use of electron microscopy and X-ray
diffraction (XRD) for the analyst* of
bulk samples.
For purposes of this rule, PLM will be
used for analyzing bulk samples for
asbestos. The analytical method to be
employed is the EPA "Interim Method
for the Determination of Asbestos in
Bulk Insulation Sample*" (40 CFR 763.
Appendix A to Subpart F). EPA feels
that the existing EPA PLM protocol i*
technically sufficient for determining
asbestos fiber identity and quantity.
Currently, allowance i* made in the EPA
PLM protocol for additional
determination of a fiber's quantity by
XRD. Additionally, validated methods
for the use of electron microscopy, in
bulk asbestos analysis do not exist at •
this time. New developments in electron
microscopy or XRD technology may lead
EPA to reconsider the use of these tools
for primary analysis at a future time.
A number of comments sought
clarification on the laboratory
accreditation program. Two laboratory
accreditation programs are currently
being developed by the NBS for
laboratories which analyze bulk and air
samples for asbestos. The bulk
accreditation program is expected to be
operational in early FY89. The air
accreditation program is expected to be
complete in late FY8S.
Until the NBS bulk accreditation
program is complete. EPA will establish
an in'.erim accreditation program for
laboratories which analyze bulk
samples by PLM. EPA will provide
interim accreditation to laboratories
which correctly identify four samples MS
either asbestos-containing or
nonasbestos-containing. EPA announced
the availability of this program in the
Federal Register of September 3.1987
(52 FR 33470). The deadline for
laboratory participation in the first
round was September 30. 1987. A formal
listing of the first round of accredited
Ihbs will be available in January 1988.
Individual laboratories will be informed
of their performance by letter in
December 1987. Laboratories which did
not participate in the first round of
accreditation will be considered in the
second round of accreditation, which i*
scheduled for April 1968.
F. Assassmenl
One comment regarding assessment of
the physical condition of the material by
accredited inspectors was that EPA
should require accredited inspectors to
give reasons fox their assessment
conclusions. EPA agrees with the
comment This requirement would
provide reviewers of management plans
at the State level with additional useful
information in Judging whether the
management plan accurately reflects the
condition of the school building. The
Agency believe* the increase in the
recordkeeping burden is small. As a
result. { 783.80(b) has been changed to
require the accredited inspector to give
written reasons for the decision to
classify ACBM.
Some commenters suggested that
management planners should be
required to use one assessment metr..:d
in developing recommendations for
LEA* about response actions. These
commenter* *ugg«*t«d a variety of
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41838 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
algorithms and "decision tree" methods
for consideration. Other commenters
supported the proposed rule's language
to allow various assessment methods.
The Agency believe* it is not possible to
point to one assessment method as most
capable of producing an appropriate
response action recommendation: there
are a number of suitable assessment
methods available for use by accredited
management planners. EPA's
management planner accreditation
course will provide instruction about a
variety of such methods.
C. Response Actions
1. Protection of human health and the
environment in response action
selection. Several commenters.
particularly several State attorneys
general and unions, expressed concern
that the structure of the response action
subsection allowed costs and other
considerations to be granted equal
consideration with protecting human
health and the environment.
EPA has clarified language In the
response action subsection (5 763.90) to
underscore its original Intent in the
proposed rule that protecting human
health and the environment is the prime
consideration in selecting an
appropriate response action. Comments
from the Service Employees
International Union were particularly
useful in this regard.
The Agency believes its response
iction approach is consistent with
congressional direction to apply the
prior and inviolable standard of
protecting human health and the
environment and allows the
consideration and selection of the least
burdensome method only after the
overriding health determination is made.
2. Air monitoring for determining
response actions. Several commenters,
primarily from industry, encouraged the
establishment of air monitoring
standards as the primary basis for
hazard assessment Most commenters.
however, supported EPA's position in
the proposed rule.
Traditionally. EPA has recommended
assessment of asbestos in schools by
visual evaluation of qualitative factors
such as the material's condition,
physical characteristics, and location. A
careful examination of physical
characteristics of the material.
conducted by a trained expert provides
a direct method for determining both the
relative degree of hazard and the
likelihood of future fiber release.
EPA continues to discourage the use
of air monitoring as the primary
technique for assessing asbestos
hazards, since that method only
measures current conditions ana
provides no information about potential
and future levels of fiber release.
Further, when the costs and technical
requirements necessary for acquiring
truly meaningful air monitoring data are
considered, the Agency maintains that
assessment of qualitative factors
continues to be the appropriate method
for assessment of hazards and selection
of response actions which protect
human health and the environment.
However, air monitoring may provide
useful supplemental information, when
conducted in conjunction with a
comprehensive visual inspection.
Several industry commenters
proposed that EPA adopt air monitoring
standards for damaged and significantly
damaged ACM. The levels most often
proposed were 0.01 fibers per cubic
centimeter (f/cm *) for damaged friable
ACM: 0.1 f/cm s for significantly
damaged friable ACM. with fibers
longer than 5 um as measured by
transmission electron microscopy (TEM)
in each case. No commenters. however.
provided any substantive rationale for
choosing such levels. The Agency
believes that such standards used for
purposes of assessing asbestos hazards
could not ensure protection of human
health and the environment as intended
by TSCA Title II. As factors to be used
in determining whether response actions
are necessary, these numerical values
provide a false sense of precision
regarding the presence and severity of
asbestos hazards and the
appropriateness of a given response
action. For the same reasons cited in the
above discussion of the use of air
monitoring, the Agency disagrees with
the suggestion that a numerical standard
is appropriate as the primary criterion
for selection of response actions.
3. Specificity in definitions related to
response actions. Many commenters felt
that more objective and definite
response action descriptions should be
provided by EPA with regard to
damage-related definitions and response
actions. Some believed that too much
discretion was vested in accredited
experts, who would be making technical
Judgments to advise LEA decisions. One
comment dted EPA's economic impact
analysis of the rule as an illustration of
the lack of objectivity of the response
action descriptions. In this analysis.
EPA's own regional asbestos
coordinators varied greatly in their
estimates of what percentages of
materials in schools in their regions fell
into the various damage conditions
described in TSCA Title 0.
In response to comments, the Agency
has added much more illustrative detail
to three important definitions—damaged
and significantly damaged friable
thermal system insulation ACM;
damaged friable miscellaneous ACM:
and damaged friable surfacing ACM—
which will help accredited experts •
better identify asbestos hazards in .
schools. EPA agrees that this language,
taken from the preamble of the proposed
rule, adds necessary clarification to
conditions which may constitute ACM
damage and warrant appropriate
response actions. These descriptions
were not available to Agency regional
asbestos coordinators when they gave
their estimates of damage in schools. In
addition, the extensive training program
developed in the rule should achieve
much greater consistency in evaluating
and assessing asbestos in schools.
although perfect consistency will never
be achieved.
However, a rigid response action
decision structure is not appropriate for
this rule, primarily because many
asbestos hazard situations are too
circumstantial and appropriate response
actions are too "hazard specific" to fit
neatly into a discrete set of prescriptive
categories.
There appears, then, no substitute for
the judgment of the accredited
management planner, who must
recommend appropriate response
actions within the general requirements
established in j 763.90. That section
provides a process by which a range of
available choices may be considered by
the accredited expert and selected by
the LEA to best protect human health
and the environment from each
particular asbestos hazard in the school
Under the provisions of the regulation,
LEAs may take into account a variety of
particular considerations, such as local
circumstances, technological feasibility
of appropriate response actions,
economic considerations, and other
relevant factors in selecting the least
burdensome method. Such factors.
however, may be considered only after
the response action has been
determined to protect human health and
the environment
Finally, accreditation alone does not
imply "expertness." It only assures a
suitable and common level of
competence and awareness which is
necessary for inspection, assessment
and response action recommendation.
School officials are well-advised to
consider a variety of factors, including
quality of training, experience, and prior
performance of accredited personnel in
selecting inspectors, management plan
developers, abatement project
designers, and contractors for school
asbestos projects.
4. Removal at the "oaty" appropriate
response action for significantly
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations 41839
damaged ACM. Several State attorney!
general among several other
commenters, contended that "|Ijn case*
of s^uificant damage, the only
ap^Bdata response is to remove the
maMn. a* this is the only action which
adequately protects human health and
the environment"
EPA disagrees that removal is the
only appropriate response in all cases of
significantly damaged ACM. particularly
thermal system insulation. There may
inj<.ed be particular circumstances of
significant damage in which removal U
both inappropriate and undesirable.
EPA agrees that particularly with
regard to significantly damaged friable
miscellaneous and surfacing ACM.
isolation of the functional space and
removal is often the most appropriate
(and possibly, only acceptable)
response. Encapsulation, for example.
would be an acceptable response action
for friable surfacing ACM only under
very limited circumstances, given
current technology. However, the
Agency will not categorically preclude
response actions of repair.
encapsulation, or enclosure which.
under certain circumstances, may also
protect human health and the
environment
5. Implementation of response actions
:n a tU^y fashion. Several commenters
ask^^fe Agency to clarify the
reqiflsjjrent that appropriate response
actions be selected and implemented by
LEAs "in a timely fashion." perhaps by
establishing time limits for particular
actions
Many of the response action
provisions themselves imply timeliness
in response. Damaged or significantly
damaged thermal system insulation
ACM or its covering, for example, must
be constantly maintained in an intact
state and undamaged condition.' In
addition, the rule specifies, in the case
of significantly damaged friable
surfacing or miscellaneous ACM. that
LEAs must immediately isolate the
functional space and restrict access.
unless isolation is not necessary to
protect human health and the
environment
T- e Agency does not believe it I* able
tc ne "timely fashion" or specify
os. .units or deadlines in applying such
requirements in all cases any better than
it is able to prescribe a single response
action for every particular damage
category. LEAs. in the context of
particular asbestos hazards. In
consultation with accredited expert*
tod h^^ view of school-community
jrouj^^m responsible for determining
ippropMte schedules for their asbestoe
response actions.
However. LEAs should be advised
that in providing "a schedule for
beginning and completing each
preventive measure and response
action" as required in 9 7B3-fl3(e)(6]. the
LEA is specify?- • what constitutes
implementatio- preventive measures
and response fc .jns in a timely fashion
for that LEA. ELLA and State
enforcement officials will be monitoring
LEA adherence to these schedules to
determine whether enforcement actions
are warranted against those schools
which fail to meet their own deadlines
for completing preventive measures and
response actions.
6. Repair for significantly damaged
friable thermal system insulation ACM.
Several commenters. State attorneys
general and the unions in particular.
questioned the efficacy of repair for
significantly damaged friable thermal
system insulation ACM.
Repair is often successful in
preventing fiber release from damaged
thermal system insulation and. after
assurance that it will protect human
health and the environment an LEA
may find repair the least burdensome
method of response. Techniques for
thermal system insulation ACM repair
are well-developed and easily
accomplished. Furthermore, the nature
of the material makes it especially
susceptible to quick remediation with
simple techniques.
EPA recognizes that severely
damaged friable thermal system ACM
may warrant removal to protect human
health and the environment but this is
not always the case. If feasible, as
determined by the accredited expert
and protective of human health and the
environment repair may be an
appropriate response action for this
level of damage under particular
circumstances. Further, new and
emerging repair technologies may offer
LEAs new ways to prevent fiber release.
protect human health and the
environment and postpone the major
disruption often associated with
asbestos removal projects until a more
appropriate time.
Finally, "feasibility" does not imply.
as one commenter feared, "repair first
and only if repair U impossible, then
remove." There is no predisposition
toward repair, but rather a prior
consideration of repair feasibility as a
check to avoid a major disruption to the
material through removal, if it is not
necessary or desirable.
7. Airborne anbettos fibat
measurement for clearance of
abatement site*. EPA has received
comments on the me of transmission
electron microscopy (TEM). scanning
electron microscopy, and phase contrast
microscopy for the analysis of air
samples taken for clearance air
- nitoring. Comments dealt with issues
•. included the possible uses of each
c rnese analytical methods for
clearance air monitoring, as well as
issues specific to the use of TEM.
The final rule sets forth TEM as the
analytical method to be used for
analysis of samples taken for clearance
air monitoring although the TEM
requirement will be phased-in gradually.
EPA convened a committee of leading
microscopiats from private and Federal
laboratories to produce an analytical
protocol specific for post-abatement
clearance monitoring. Each microscopist
had extensive experience in TEM.
scanning electron microscopy (SEM).
and airborne asbestos analysis. The
unanimous conclusion of the
microscopists was that, for purposes of
clearance air monitoring. TEM was the
technique of choice. Consequently, an
interim TEM protocol has been
formulated for clearance air monitoring
of asbestos abatement sites in schools.
EPA chose to require analysis by TEM
for four reasons: (1) TEM is capable of
measuring the smallest diameter fibers:
(2) based on existing, validated
methods, a formal protocol has been
developed: (3) TEM has been validated
by infra- and inter-laboratory
comparisons conducted by NBS; and (4)
a formal laboratory accreditation
program for TEM laboratories is
currently under development by the
NBS.
Phase Contrast Microscopy (PCM)
will be allowed for clearance of small
projects (removal of less than 160 ft* or
280 linear feet of asbestos) and during a
phase-in of the TEM requirement, for
clearance of some larger projects. This
phase-in period will give laboratories a
period of time to acquire and install
TEM instruments, and will permit
economical clearance of small projects
where clearance analysis costs are a
significant portion of total abatement
costs.
PCM analysis must be made using the
latest version of the NIOSH 7400
method Two other methods of PCM
analysis were considered: the OSHA/
EPA Reference Method (ORM) and
PftCAM 239. The ORM cannot be used
for area clearance because it is intended
for personal sampling of abatement
workers during abatement work
clearance following an abatement
action. P&CAM 239 will not be allowed
since both NIOSH and OSHA have
determined that the NIOSH 7400 method
is more accurate and reliable.
The PCM method is nonspecific for
anbestos and it cannot detect the small
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41840 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
thin fibers found at abatement sites.
EPA research data has shown that PCM
is often inadequate for post-abatement
monitoring of airborne asbestos. These
data indicate that sites which were-
shown to be clean with PCM data were
found by TEM data to be still
contaminated. Therefore, reoccupancy
of sites initially cleared by PCM. and
thus, assumed to have been adequately
cleaned, may in fact result in exposures
to asbestos.
SEM. for purposes of this rulemaking.
was determined to be inadequate for
building clearance for the following
reasons: (1) Currently available
methodologies are not validated for the
analysis of asbestos fibers: (2) SEM is
limited in its ability to identify the
crystalline structure of a particular fiber.
{SEM analysis is therefore confined to
identification of structures by elemental
composition and morphology): (3) recent
studies conducted by NBS have
evaluated several types of scanning
electron microscopes and the variability
between these instruments. (NBS has
found the image contrast of the
microscopes is difficult to standardize
between individual scanning electron
microscopes): and (4) currently no
laboratory accreditation program exists
for accrediting SEM laboratories. EPA is
aware of two methodologies for SEM: a
draft method currently in its initial
review by the American Society for
Testing and Materials (ASTM) and an
Asbestos International Association
(ALA) protocol. Neither method has been
validated Additionally. NBS has
determined that the ALA method has
inherent difficulty when examining
certain types of asbestos.
Currently, a laboratory accreditation
program is in development for TEM by
NBS, Additionally, the A1HA PAT
Program evaluates laboratories
conducting PCM analyses. The NBS has
unconditionally stated that it will not
formulate a laboratory accreditation
program for SEM based on existing
methodologies. Until suitable
methodologies arc developed. EPA will
continue to monitor and investigate the
progress of SEM methodologies and
research for asbestos analysis. New
developments in SEM technology may
allow SEM to be considered as an
acceptable asbestos measurement tool .
in the future.
Regarding the use of TEM. several
commentera suggested that the aspect
ratio (length to width) should be
extended to 10:1. For the purpose of
TEM measurement by the methods in
Appendix A. any elongated particle
having a minimum length of O.S pm.
parallel sides, and sin aspect ratio
(length to width) of 5:1 or larger is
defined as a fiber. This represents a
change in the previous EPA proposed
TEM methodologies which examine
fibers with aspect ratios of 3:1 and •
above: it follows the direction set by
N1OSH in proposing modified counting
rules in the 7400 method. It is consistent
with the panel of microscopists'
observations that asbestos structures
have aspect ratios equal to and greater
than 5:1 whereas the majority of
nonasbestos structures, minerals and
particles, for example, gypsum, have
aspect ratios of less than 5:1. Analysis of
these nonasbestos structures tends to
comprise a large portion of the time
required for sample analysis. EPA
believes that further research is needed
to justify the extension of aspect ratio to
10:1. Consequently, for the purpose of
TEM building clearance, fibers must
have an aspect ratio of at least 5:1.
8. Phase-in period for TEM. Several
commentera asked that the phase-in
period for requiring TEM analysis be
lengthened, abbreviated, or eliminated
altogether. EPA believes the 3-year
phase-in period for requiring TEM for all
but the smallest abatement jobs allows
commercial laboratories the necessary
time to purchase and set up additional
TEM instruments. In December 1987.
estimates developed by EPA's Office of
Research and Development (ORD)
indicated that there were approximately
62 commercial laboratories in the
country which advertised the ability to
perform TEM analysis on airborne
asbestos samples. Testimony received
during the August 25 and 26 public
hearings for this rulemaking as well as
information gathered by EPA staff.
indicate that many laboratories
intended to purchase additional TEM
equipment. In addition, several
laboratories own more than one
transmission electron microscope.
EPA believes that an increased
demand for TEM instruments will drive
the supply of instruments, and has
stipulated the 3-year phase-in to allow
commercial laboratories time to react to
the increased demand. The Agency
believes a shorter phase-in period, or
requiring the immediate use of TEM for
all jobs would create a substantial
burden on schools and laboratories. The
delay to dear abatement jobs and the
high cost associated with TEM analysis
for relatively small jobs would be
burdensome. EPA has consequently
decided to retain the length and type of
phase-in described in the proposed rule.
H. Operations and Maintenance and
Worker Protection
1. Worker protection and "small-
icaie-thort-duration " activities. Several
commenters. particularly union groups.
advised the Agency to increase worker
protection standards and alter the
definition and requirements for small-
scale, short-duration projects (as
defined by Appendix B to Subpart E)
prescribed by the Occupational Safety
and Health Administration's (OSHA's)
and EPA's relevant worker protection
regulations. In particular, comments
focused on permissible exposure limits
(PEL), the allowance of historical air
monitoring data, respiratory protection.
and the practice of glove bag removal.
Other commentera recommended no
change, citing OSHA's primacy in this
area.
This final regulation, through the
provisions of the EPA worker protection
rule, extends coverage already in place
for O&M workers in private schools
under the OSHA construction standard
to public sector O&M workers now
unprotected in schools. This OSHA
standard also includes Appendix B of
this rule. LEAs may implement the
provisions of Appendix B of the rule
instead of the full scope of the EPA/
OSHA worker protection regulation
when they conduct small-scale, short-
duration activities (all of which are
presumed to exceed the action level of
0.1 f/cm 3).
The Agency maintains that OSHA is
the most appropriate Federal agency for
determining worker protection policy.
As noted in the preamble to the
proposed rule. EPA believes that
OSHA's recently completed worker
protection rulemaking. a lengthy and
detailed process focused specifically on
such issues, is as appropriate to school
O&M workers via the EPA worker
protection rule as it is to other private
sector O&M workers. EPA continues in
this belief and no commenters have
indicated substantive reasons why the
OSHA protections should not be
followed.
Therefore, the Agency does not intend
to reassess the OSHA determination
with respect to issues such as PEL, the
use of historical air monitoring data.
respiratory protection, and the
allowance of glove bag removal. EPA
will, however, change the provisions of
its worker protection rule (and hence.
this regulation) to conform with any
modifications subsequently adopted by
OSHA.
Finally, with regard to the definition
of "small-scale, short-duration"
activities, the Agency provides further
clarification of the OSHA definition irf
Appendix B to Subpart E by adding five
additional points which may be used to
define such projects. EPA believes these
additions' considerations are instructive
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Federal Register / Vol. 52. No. 210 / Friday. ~?tober 30. 1987 / Rules and Regulations 41841
and useful, but will not require their
consideration in defining "small-scale.
short-duration" activities.
2. Respiratory protection. Many
o^fcteations. in their comments.
a^Hated the mandatory use of
respiratory protection for all operations
and maintenance O&M work which
might affect asbestos-containing
materials ACM.
Once again, the Agency maintains
that OSHA is the most appropriate
Federal agency for determining worker
protection regulations policy, including
appropriate respiratory protection, and
EPA finds that OSHA's respiratory
protection regulations which govern
O&M workers in the private sector are
equally relevant in schools. EPA does
not intend to reassess the OSHA
determination in this regard.
However, the regulation does require
specific respiratory protection training
for all O&M workers who conduct any
activities which will result in the
disturbance of ACM. Such training must
include: (1) Notification of information
•>n the use of respiratory protection as
'ained in the EPA/National Institute
:cupational Safety and Health
JH) "Guide to Respiratory
.•ctibn for the Asbestos Abatement
.:.austry." September 1988 (EPA-560/
( TS-66-001); and (2) hands-on training
of respiratory protection.
plieves the effect of these
quirements will be to ensure
that LEAs determine the appropriate
level of protection for its O&M workers
and that workers are adequately
informed of -election levels and
properly tra. fid in respiratory
protection practices.
Comments expressed concern thai
O&M workers could be at risk in
situations where peak exposures occur
and. thus, may need additional
respiratory protection. The comments
claim these exposures may exceed
OSHA standards and are unpredictable.
EPA. however, believes its regulations
cover these situations since the
regulations provide that respirators shall
be supplied in areas where airborne
concentrations "can reasonably be
expected to exceed permissible limits'*
W CFR 783.121(e) (1) and (4). Since this
regulation requires warning labels for
asbestos materials (5 783.95). workers
ind LEAs should be aware of situations
n which asbestos materials will be
Usturbed to such an extent that
aspirators may be appropriate.
3. Right to refuse work. Several unions
provided comments which advanced a
•ropos^Uo include a right to refuse
•nsaf^^Blegal work in the regulation.
EP/nLmeves that the issue of right to
efuse work, which is protected under
other labor legislation and worker
protection regulations, is more properly
addressed by the Department of Labor.
This is a general worker protection
issue, outside the scope of EPA's
expertise. Comments noted that OSHA
has promulgated a general regulation
affecting an employee's right to refuse
work (29 CFR 1977.12(b)(2)) and argue
that EPA should extend this safeguard
to school workers in the same way the
Agency extended other OSHA
safeguards to school workers. This
point however, is misplaced. EPA does
not believe it should extend general
OSHA safeguards to school workers.
EPA is not charged with general worker
protection, although it is appropriate to
extend specific asbestos related
standards to school workers.
AHERA section 211(a) does prohibit
State or LEA discrimination in any way
against someone because that person
has provided information relating to a
potention violation of the Act or
regulation, including a school directive
that workers perform untafe or illegal
activities. The Act allows for any
employee or representative of
employees who believes they have been
fired or otherwise discriminated against
to apply for review at the Department of
Labor under section ll(c) of the
Occupational Safety and Health Act.
4. Routine cleaning. Several
cornmenters, particularly the State
attorneys general and the unions.
recommended that the Agency require
routine or periodic cleaning in areas
with friable ACM. as outlined in the
EPA Purple Book.
The Agency has traditionally
recommended, as a prudent measure.
routine cleaning by wet methods in
school areas with asbestos-containing
materials, particularly when they are
friable. Monthly wet cleaning has been
recommended in previous EPA guidance
for areas where friable surfacing ACM
is present and semiannual wet cleaning
is suggested in areas with damaged
thermal system insulation ACM.
Other commenters stated the belief
that improper cleaning on a regular
basis might disturb the material and
could actually increase fiber levels in
the air. Further, periodic cleaning in
limited-access areas, such as pipe
tunnels, would not appreciably reduce
exposure to school occupants and might
actually increase hazard to custodial
workers who conduct the cleaning.
EPA is persuaded by the comments
that a decision on routine cleaning by
the accredited management planner in
the context of the particular asbestos
hazard is appropriate. The final rule
now requires that the accredited
management planner shall make a
written recommendation to the LEA
regarding the appropriateness and
frequency of additional cleaning, which
must be included in the management
plan.
/. Management Plans
The contents of the management plan
were the subject of numerous comments
from various parties. In general.
commenters urged that the contents of
the plan not exceed the items required
in the statutory language of Title II. EPA
believes that the language of Title n
regarding management plans was made
very prescriptive to enhance
accountability, aid review by States.
and improve enforcement of the
regulation. The Agency has determined
that the additional requirements in the
regulation are consistent with the intent
of the Act and that the additional
information will be useful to parents.
employees, accredited persons. State
reviewers, and EPA enforcement
officials.
The manner in which parents and
employees should receive notification
about the availability of asbestos
management plans was the subject of
many comments. In general. LEAs and
school administrative groups favored
the flexibility provided under the
proposed rule, which allowed LEAs to
notify parent and employe*
organizations without specifying the
exact form of notification. Other
commenters such as educational
associations and environmental groups
preferred written notification to
individual parents and employees as a
way of ensuring full awareness of the
availability of the plan. EPA has
modified this provision of the final rule
to require written notification to parent
and employee organizations, or. in the
absence of such organizations, written
public notice regarding plan availability.
(Notification in the absence of the
organizations could be in the form of a
newspaper ad. an article in an LEA
newsletter or various other forms.) The
change provides a means of notification
that should increase awareness of the
plan, retain flexibility of LEAs regarding
the exact form of the notification, and
aid efforts to enforce the notification
provisions.
Some commenters suggested that
there is no need to notify parents of the
availability of.the plan. Title n. section
203(i)(5). states that the LEA "shall
notify parent teacher, and employee
organizations of the availability of such
plan."
Comments were also received
regarding the need for an annual
notification requirement even though the
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41842 Federal Register / Vol. 52. No. 210 7 Friday. October 30. 1987 / Rules and Regulations
plan has not changed since, the previous
notification. The purpose for the annual
notification is to ensure that parents and
employees new to the LEA each year
have an opportunity to be informed
about the availability of the plan. Other
commenters suggested that annual
notification about the plan should
include any asbestos abatement
planned for that year, and that the
notification requirement be expanded to
inform parents whenever actions are
taken under the management plans. EPA
believes that these ends are achieved in
a less burdensome fashion through
8 763.84(c). which requires that the LEA
inform workers and building occupants.
or their legal guardians, at least once
each school year about inspections.
response actions, and post-response
action activities, including periodic
surveillance activities that are planned
or in progress.
Regarding access to the plan.
commenters suggested the plan required
to be maintained at the individual
school should not be the plan for the
entire LEA. but only the plan for that
school. The final rule has been clarified
to specify that a school needs, to have
available only that part of the LEA's
plan which pertains to that school.
Another comment regarding access to
the plan came from private school
groups interested in limiting access to
parents, students, and employees. |
thereby excluding the general public!
EPA believes that this is contrary to -
Title 11. section 203(i)(5), which states
that the plan shall be available "for j
inspection by the public, including
teachers, or other school personnel, and
parents." Since persons involved with
the school are only among those ;
"included" in the public. EPA interprets
the statute to preclude limiting access to
all other members of the public.
/. State Waivers
Commenters suggested that the
opportunity for a public hearing
regarding a State's request for waiver
should be granted upon request, rather
than in response to a written request
which details specific objections, as
required in the proposal. EPA believes
that by requiring a written statement, it
is ensuring that hearings have been
requested for a valid reason, thereby
discouraging individuals from arbitrarily
or capriciously requesting a hearing.
Comments were also received which
suggested that documents submitted by
States seeking waivers should be made
public. State waiver requests will be
made available as part of the public
record required when EPA issues a
notice in the Federal Register
announcing receipt of the request and
opportunity for public comment.
Commenters suggested that waiver
requests from local governments should
be permitted. Section 203(ni) of Title II is
dear in limiting waiver requests to
States which have established and are
implementing a program of asbestos
inspection and management.
Commenters suggested that waivers
should be granted to programs which
are "substantially equivalent" to the
regulation, rather than "at least as
stringent." Section 203(m) of Title II
clearly states that waivers are to be
granted to programs "at least as
stringent."
Commenters suggested that States
with programs requiring only inspection
of friable materials be allowed to seek
waivers. The Agency believes that
section 203(m) of Title II. which states
that EPA "may waive some or all" of the
regulatory requirements of Title II
allows States which require inspection
of friable materials in a manner at least
as stringent as section 203 of Title 11 to
be granted a waiver. The LEAs of that
State would still be required to comply
with the Title II requirements for
inspection of nonfriable materials ai
well as all other Title II requirements for
which the State did not have a program
at least as stringent.
Other comments on the Slate waiver
provisions will be considered as they
are raised in proceedings affecting
individual States.
K. Exclusions
Comments on the proposed exclusion
criteria ranged from general support to
opposing any exclusions. Some
commenters indicated EPA's 1982 rule
was frequently not complied with, dealt
only with friable ACM. and the
inspectors were not required to have
accreditation. As a result, these
commenters believe few if any
exclusions could be granted based on
the 1982 rule. Several commenters
believe the term "substantial
compliance" is vague and
unenforceable. In addition, other
commenters agreed that the requirement
in the proposed rule to assess friable
ACM would require inspectors to
visually inspect all areas anyway.
Lastly, some commenters suggested that
requiring an accredited inspector to
determine whether the LEA qualifies for
an exclusion is too stringent and thus.
unreasonable.
TCSA Title II directs the Agency to
promulgate regulations which will
provide for the exclusion of any area of
a school building from the inspection
requirements. If LEAs were required to
repeat actions conducted properly in the
past, the Agency would place an
unnecessary burden on those LEAs and
penalize LEAs which made a good faith
effort to address asbestos hazards in
their building. EPA believes a number of
States and localities have developed
inspection programs in recent years that
are similar to Title II. In addition. LEAs
that complied with EPA's 1982 rule
could receive an exclusion from part of
the final rule's requirements. For
example, friable material sampled and
found to contain asbestos on the ceiling
of the cafeteria would not have to be re-
sampled. Although friable ACBM must
be assessed even if previously
identified, the above example illustrates
a savings to the LEA.
"Substantial compliance" allows
previous sampling that was done in a
random manner with sufficient samples
to be adequate to determine no ACBM is
present. EPA believes previous adequate
inspection and sampling efforts
conducted by LEAs should not prove
worthless. For example, if a LEA had
records that it took three random
samples in a 1.500 square foot classroom
to comply with EPA's 1982 rule or a
State law. and all samples were
analyzed negative for asbestos, an
accredited inspector may determine that
this is sufficient to indicate no asbestos
is present even though the current rule
would require five samples for the same
classroom.
EPA believes only an accredited
inspector has the training necessary to
determine whether previous inspections
and sampling were adequate. EPA has
evidence to suggest that many
inspections performed under the 1982
rule were conducted by persons with
little or no inspection training. If these
same individuals were responsible for
determining the validity of previous
inspections, large areas of schools may
not be examined by accredited
inspectors. In many respects, this would
defeat the purpose of TSCA Title II.
L. Enforcement
Some commenters stated that the
"Compliance and Enforcement" section
of the proposed rule (5 783.97)
incorrectly describes the provisions of
TSCA Title II and that the final rule
should explicitly state the following
points. First. LEAs that violate the -
regulations under Title II are not liable
under any enforcement provision of
Title I. Second. Title II does not allow
EPA to assess penalties against
individuals. Third, criminal penalties are
not permitted for violation of Title II.
EPA disagrees. The provisions of the
"Compliance and Enforcement" section
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations 41843
are in accordance with applicable law.
«s discussed below.
Section 3 of AHERA. 'Technical and
forming Amendments." amends
15(1) of TSCA Title 1 to provide
it i* unlawful for any person to fail
or refuse to comply with any
requirement of TSCA Tills Jl or any rule
promulgated or order issued under Title
II. Therefore, violations of Title II
regulations, published in this document
are generally subject to the civil und
criminal penalties under section 16 of
Title I and to civil injunctive actions
under section 17 of Title I. This liability
is qualified however, by section 207 of
Title 71 which describes LEA civil
liabilities for violation of regulations
and provides that LEAs ure not liable
for any civil penalty under Title I.
Section 207. however, dors not al'.or tlio
criminal liabilities of Title 1 or the
injunctivc provisions of scclion 17 of
Title I. Nor docs section 207 provide any
exemption from Title I provisions' for
inspectors, management planners or any
other person other than an LEA that has
responsibilities under TSCA Tide IL
Finally, regardless of the provisions of
TSCA, applicable case law provides
that liability for actions of organizations
may extend to responsible officials.
Thus the three points noted in the
comments are wrong. First. LEAs that
v^^fe Title 11 rules are liable for
o^Blal penalties under section 16 of
Title I and are subject to injunctive relief
in Federal District Courts under section
17 of Title L Second, individuals may be
liable for violating TSCA Title II
regulations. Individuals other than LEAs
that violate Title II regulations are
subject to any of the penalties under
Title I. and responsible LEA officials
may be liable for any LEA violation of
Title U. Third, the effect of the
conforming amendments to TSCA Title I
is that criminal penalties may be
assessed for violation or Title II.
M. Other Issues
1. Cost estimates for inspection.
Several commenters. ranging from
school districts to independent
consultants, expressed concern that the
economic impact analysis of the
proposed rule underestimated the cost
of inspecting for ACM. Comments
claimed that labor rates and time
required to conduct inspections were too
low.
EPA agreed with these comments. As
a result the Agency's estimates for the
final rule increased due to an update of
unit labor costs and a small increase in
estimated to perform several
activities, Aa a result the
estimated total coat for ail inspection
activitiea increased from the proposal to
the final rule from approximately $58.2
P"'lion to approximately S78.5 million.
cost for the building walkthrough
visual inspection, assessment and
.apping and reporting activities
increased while the cost estimates for
bulk sampling and analysis remained
the sume. The total inspection ccsts are
now estimated to be SI.144 for public
primary schools. Si.627 for public
secondary schools and Si.587 for private
schools.
2. Cos* estimates fur manage/neat
plans, A number of commenters
expressed concern that the proposed
rule underestimated the cost of
developing management plans due to
low assumptions for labor rates and
time needed to prepare the plan. EPA
also received comments that training
and n-cordkepping costs were too low.
These costs are considered by EPA as
part of the cost of the management plan
implementation. Several commenters
also expressed concern that ETA
underestimated the burden associated
\vith the state review of management
plans.
EPA agrees that labor costs and time
needed to prepare plans were too low in
the proposal and has increased these
estimates. EPA has also increased the
cost for training by raising labor rate
estimates and including travel expenses
in the cust of training. As a result, the
average costs for first year development
and implementation of a management
plan for a typical school is estimated to
be $0.270 for a public primary school.
$4,521 for a public secondary school and
$4.460 for a private school. The total
cost for development and
implementation of management plans
increased from $970.8 million in the
proposed rule to $1.272 million in the
final rule.
With respect to the cost to States of
reviewing management plans. EPA has
not substantially changed its estimates.
While the proposed rule stated a range
of $83 to $85 for a S
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41844 Federal Register / Vol. 52. No. 210 / Friday. October 30, 1987 / Rules and Regulations
proposal for removal projects were
incorrect because they assumed
replacement costs and post-abatement
•ir monitoring for asbestos materials
removed during building demolition.
These errors have been corrected in the
final cost estimates.
In addition. EPA assumed in the
proposal that all post-response action
air samples would be analyzed using
TEM. Since the rule allows limited PCM.
the costs of response actions have
decreased accordingly. This cost
decrease it approximately $4,000 in
direct expenses per project for those
projects using PCM.
Total costs for removal, enclosure and
encapsulation projects have decreased
from $1.587.8 million in the proposal to
51,431 million in the final rule.
5. Risk related to asbestos in
buildings. Comments argued that EPA
did not adequately assess the evidence
relating to the harm caused by asbestos
in schools. Specifically, they claim that
EPA's assessment of risk for this rule (1)
did not consider estimates of the
toxicologies! potency of asbestos
developed by a number of scientists
who disagree with the potency estimates
accepted by the Agency: (2) ignored
studies showing that prevailing
exposure to asbestos in schools has
often been measured at levels far below
those assumed by the Agency in its
assessment (70 to 500 ng/m J); and (3)
did not consider documentation that
asbestos exposures after major
abatement especially removal, may not
be reduced at all and may even by
elevated. Had such evidence been
considered, according to one of these
comments (Safe Buildings Alliance).
EPA would have come to the conclusion
that operations and maintenance
programs are, in almost all schools, the
appropriate response action to protect
health and the environment. This
evidence is cited to support the position
that protection of health and the
environment requires specification of an
airborne exposure level of protection.
EPA disagrees that the evidence cited
in these comments supports the need for
an airborne asbestos standard in
buildings. Rather. EPA believes that the
data cited by these comments, even if
assumed to be correctly interpreted by
the commenters. supports the rule as
promulgated.
The Agency has noted elsewhere in
this preamble the problems with air
monitoring as the primary assessment
tool for asbestos in schools.
Furthermore, no comments have
provided any substantive health based
justification for choosing any airborne
level as an appropriate level to protect
public health from asbestos in schools.
Nevertheless, EPA believes that the
rule accomplishes the goals of these
commenters to ensure that unnecessary
removal activities do not occur. Indeed,
one of these commenters (Safe Buildings
Alliance) specifically stated that it
believes removals could typically be the
response action if the rules were
incorrectly applied. The rules, however,
are not designated to prefer one
response action over another, but to
allow schools the flexibility to deal with
their particular situations. Certainly.
asbestos in many schools may not
present significant risks in its current
condition, but could cause considerable
harm if not dealt with properly. Also.
there are plainly schools in which
serious measures would be needed
immediately. In this context the
evidence cited by the comments is
supportive of EPA's rule, as discussed
below.
With respect to the potency of
asbestos, EPA has decided that for
purposes of this rule there is no need to
resolve the divergence of opinion. See
preamble to Proposed Rule. 52 FR 15633.
In any event. EPA has considered
differing views on asbestos health
effects in other psoceedings (see. e.g.. 51
FR 3728 et seq., January 29.1986) and
commenters have not presented new
evidence. The important point for
purposes of this rule, is that varying
local circumstances will drive the
decision on the appropriate response
action.
With respect to asbestos exposure,
EPA acknowledges that many building
air measurements show low prevailing
levels. However, peak levels during
serious disturbances can be extremely
high and may cause very serious risks to
individuals involved. Regardless of the
actual average measurements in all
schools, regardless of whether one
accepts the levels used by EPA in its
assessment or the levels presented by
the commenters, the basic structure of
the rule should not be changed.
Assessment of all the evidence leads to
the conclusion that local educational
agencies should at least adopt
operations and maintenance programs
and institute more serious response
actions if local conditions warrant. The
levels EPA used in its risk assessment
are actual measurements (see, e.g.
"Measuring Airborne Asbestos Levels in
Buildings," EPA 560/13-60-026:
"Airborne-Asbestos Levels in Schools."
EPA 560/5-63-003) and are reasonable
for purposes of decisionmaking in the
context of this rule. In any event the
lower airborne asbestos levels cited by
the commenter* do not make the case
for an airborne regulatory level.
Finally. EPA interprets data on
airborne levels of asbestos before and
after removal actions differently from
the commenters. The information ''
available on airborne concentrations
before and after asbestos removal is
actually limited, dealing with a very
small number of abatement actions.
Nevertheless. EPA believes that this
information indicates that. In the past,
some abatement actions were not done
properly and led to increased airborne
levels. The rule, therefore, was designed
to prevent shoddy abatement work. A
draft report prepared by Batelle (March
1987} shows significant reduction in
airborne asbestos concentrations in the
enclosed abatement area in schools
immediately after removal operations.
Airborne levels measured in the Balelle
study did increase back to
approximately the same as pre-removal
levels after school resumed (based on a
statistical analysis of pre- and post-
removal levels). However, these levels
could only have been the result of
reentrainment of asbestos from outside
the immediate removal area. Removals,
thus, were successful at the removal site
but could not guarantee no fiber release
from asbestos-containing materials
remaining in the building. The Batelle
draft, therefore, does not show an
increase in exposure from the removal
activities as suggested by the comments.
At the very least, removal reduced some
danger of peak exposures. The data in
the Batelle draft may indicate a need for
continuing O&M programs following
abatement, particularly where all
asbestos is not removed.
6. Model accreditation plan. EPA
received comments about the provisions
of the Model Accreditation Plan
required under section 206 of TSCA
Title II. Under Title II, the Agency was
required to submit a final Model
Accreditation Plan by April 20,1987.
The final plan was issued by EPA in
accordance with that deadline. The final
plan appeared in the Federal Register of
April 30.1987, entitled "Asbestos-
Containing Material in Schools: Model
Accreditation Plan."
IV. Economic Impact
The economic impact analysis
estimates the incremental costs
attributable to the proposed regulation,
including costs of inspection, sampling.
development and Implementation of
management plans, training of school
employees, periodic surveillance, and
the implementation of abatement
actions. Estimates of the number of
ftchools affected and square footage of
asbestos were developed based on the
1984 EPA survey of asbestos in schools
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Federal Register / Vol. 52, No. 210 / Friday. October 30, 1987 / Rules and Regulations 41845
and data compiled from the Asbestos
School Hazard Abatement Act
(ASHAA) loan and grant program.
ites of the percentage of asbestos
I falU into each of the hazard
_ ories were based on the results of a
survey of the EPA's Regional Asbestos
Coordinators (RACs).
Using a model school/model project
approach, costs of inspection, sampling.
and appropriate response actions were
developed for schools with ACM in each
of the different hazard categories. For
schools with only nonfriable ACM. the
only costs estimated were for
management plan implementation.
nominal plan implementation activities.
training of the asbestos program
manager, custodial training for proper
repair and maintenance of ACM. and
the periodic surveillance and
reinspection-of ACM. For purposes of
the economic analysis. EPA assumed
that all schools with only nonfriable
ACM would choose to forego sampling
and instead just treat suspect material
as asbestos-containing.
Asbestos abatement-related costs
expected to be incurred regardless of the
existence of these regulations were
subtracted from the total costs to
calcinate only the incremental cost of
the final regulations. For example, data
from the ASHAA loan and grant
data base were used to
m average annual rate of
removal of asbestos that is assumed
would have occurred even if TSCA Title
II legislation and these regulations were
not promulgated. That average annual
rate was estimated to be approximately
3.4 percent for primary schools, 3 J
percent for secondary schools, and 1.8
percent for private schools. The costs
associated with this underlying rate of
removal were subtracted from the total
costs. Also, the costs of removal of
friable ACM prior to demolition that is
required by the NESHAPs regulations
were also netted out of the total costs.
The estimated present value of the
costs of these final regulations is
approximately $3.145 million (using a 10
percent discount rate) over 30 years.
This includes the cost of initial
inspection and sampling—S78J million:
development and implementation of
management plans—$1.272 million:
periodic surveillance—*47.7 million:
reinspection—$23.2 million: special
operations and maintenance programs—
$292,7 million: and abatement response
actions—-$1.431 million.
The total number of primary and
secondary schools potentially affected
by tb^fcpgulations is estimated to be
106.g^lkproximately 44.600 are
estima^n to have about 213 million
square feet of surfacing or thermal
systems insulation ACM. Of these, an
estimated 10.700 have surfacing ACM
only. It is likely that every school
contains some amount of nonfriable •
ACM such as floor tile, transite board.
and fire doors.
The cost of an asbestos inspection is
estimated to range from SI.144 to S1.627
per school for schools with both
surfacing and thermal systems
insulation ACM. This cost varies
depending upon the size of the school.
the amount and type of ACM contained
in the school, and the type of
professional doing the work. The costs
of sampling and analysis If friable
materials are found will depend upon
the number of samples taken and
analyzed. Costs of analysis are
estimated to range from $25 to S47 per
sample. Assuming the average school
has to analyze 20 samples, the cost of
analysis will be $500 to $940 per school.
The cost of mapping ACM is estimated
to range from $110 to over $270 per
school
The cost of developing a management
plan if asbestos-containing surfacing
ACM or thermal systems insulation
ACM is present is estimated to range
from $1.025 for an average-size public
primary school to $1.420 for an average-
size public secondary school. These
estimates are weighted averages of the
costs of plans developed by trained
school personnel and by outside
consultants. A less extensive
management plan would b« required for
schools containing only nonfriable
materials. The average development
cost for a management plan where only
nonfriable materials are present is
estimated to be about $500 for both
public primary and private schools, and
about $715 for public secondary schools.
The cost of training for school
employees involves a variety of factors
ranging from course and accreditation
exam fees to the possible expenses for
any out of town travel required for the
training. The estimated course fee for a
2-hour awareness session required of all
school maintenance employees in
schools with ACM is approximately $50
per person. The additional 14 hours of
training for school maintenance workers
who may come in contact with asbestos
in doing minor repair and maintenance
work that disturbs asbestos is estimated
to cost $250. A fee of $420 is estimated
for the 24 hours of training required for
the certification of asbestos abatement
workers doing more than just minor
repair and small glove-bag removal jobs.
The fee for the 40-hour training course
and certification required for asbestos
abatement contractors is estimated to be
$840.
Response action costs depend
primarily on the condition of the
asbestos in a school and to a lesser
extent on many other factors. In general.
for surfacing ACM in all but the
significantly damaged category, it is
likely that the primary response action
undertaken by a school will be special
O&M activities. Use of O&M activities
would likely continue until or unless the
ACDM deteriorates to a "significantly
damaged" condition. The annual cost of
a special O&M program (excluding
acquisition of special equipment) i.s
estimated to range from 53,800 for a
typical public primary school to $5.10)
for a typical public secondary school.
Initial cleaning costs are expected tn
range from S950 to $1.400.
The cost of removal depends upon
many factors including size of the
project. The estimated cost of removal
for a 4.000 ft* project in which surfacing
material is removed would be
approximately $51.300. The cost of
removal for a 900 ft1 boiler wrap project
is estimated to be approximately
$30.900. The total discounted costs of
response actions were estimated
assuming schools undertake a
combination of response actions that
depend on the condition of the ACM.
V. Rulemaking Record
EPA has established a record for this
rulemaking (docket control number
OPTS-62048E). The record is available
in the Office of Toxic Substances Public
Information Office, from 8 a.m. to 4 p.m..
Monday through Friday, except legal
holidays. The Public Information Office
is located in Rra. NE-GO04. 401 M St..
SW.. Washington. DC
The record includes information
considered by EPA in developing the
proposed and final rules. The record
now includes the following categories of
information:
1. Federal Register notices.
2. Support documents.
3. Reports.
4. Memoranda and letters.
5. Records of the negotiating
committee.
6. Public comments received on the
proposed rule.
7. Response to comments document.
8. Transcript of the August 25 and 26
Public Meeting.
EPA requests that any person who
commented on this rule submit to the
Agency In writing any information
which such person believes shows there
are errors or omissions in the record.
EPA wiH evaluate such submission* and
supplement the record as appropriate.
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41846 Federal Register / Vol. 52. No. 210 / Friday. October 3Q. 1987 / Rules and Regulations
VI. References
1. USEPA. "Guidance for Controlling
Asbestos-Containing Materials in
Buildings." EPA 560/5-85-024. June 1985.
2. USEPA. "A Guide to Respiratory
Protection for the Asbestos Abatement
Industry." EPA 560/OPTS-86-001.
September 1986.
3. USEPA. "Asbestos in Buildings:
Simplified Sampling Scheme for Friable
Surfacing Materials." EPA 560/5-85-
030a. October 1905.
4. USEPA. Friable Asbestos-
Containing Materials in Schools. 40 CFR
Part 763. Subpart F.
5. USEPA. National Emission
Standards for Hazardous Air Pollutants.
40 CFR Part 61. Subpart M.
6. USDOL. OSHA. Occupational
Exposure to Asbestos. 29 CFR 1926.58.
7. USEPA. Toxic Substances;
Asbestos Abatement Projects. 40 CFR
Part 763. Subpart G.
VII. Regulatory Assessment
Requirements
4. Executive Order 12291
Under Executive Order 12291. EPA
has determined that this rule is a
"major" rule and has developed a
Regulatory Impact Analysis. EPA has
prepared an economic impact analysis
of the TSCA Title II regulations.
S. Regulatory Flexibility Act
EPA has analyzed the economic
impact of this rule on small businesses.
EPA's analysis of the economic
consequences of this rule appears in
Unit IV.
C. Paperwork Reduction Act
The reporting and recordkeeping
provisions in this rule have been
approved by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act. and has been assigned
OMB control number 2070-0091.
List of Subjects in 40 CFR Part 763
Asbestos. Environmental protection.
Hazardous substances. Incorporation by
reference. Occupational health and
safety, Recordkeeping, Schools.
Dated: October 17.1987.
Lae M. Thomas,
Administrator.
Therefore. 40 CFR Part 763 is
amended as follows:
PART 763—{AMENDED]
1. The authority citation for Part 763
continues to read as follows:
Authority: IS U.S.C. 2605 and 2807(c).
Subpart E alto issued under IS U.S.C. 2841.
2643. 2646. and 2847.
2. By adding 5§ 763.80 through 763.99
and Appendices A, B, and D to Subpart
E to read as follows:
Subpart E—Aabestoa-Contatnlng Materials
biScnoote
See.
763.80 Scope and purpose.
763.83 Definitions.
763.84 General local education agency
responsibilities.
763.85 Inspection and reinspection*.
763.88 Sampling.
763.07 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
Transmission Electron Microscopy
Analytical Methods—Mandatory and
Norunandatory—and Mandatory Section
to Determine Completion of Response
Actions
Appendix B to Subpart E—Work Practices
and Engineering Controls for Small-
Scale. Short-Duration Operations
Maintenance and Repair (O&M)
Activities Involving ACM
• • • • •
Appendix D to Subpart E—Transport and
Disposal of Asbestos Waste
§ 763.80 Scop* 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
July 9,1989. and complete
implementation of the plans in a timely
fashion. In addition, local education
agencies are required to use persons
who have been accredited to conduct
inspections, reinspections, develop
management plans, or perform response
actions. The rule also includes
recordkeeping requirements. Local
education agencies may contractually
delegate their duties under this rule, but
they remain responsible for the proper
performance of those duties. 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 actinolitc.
"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.
rf 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 applicab1-
which has delaminated such that its
bond to the substrate (adhesion) is
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Federal Register / Vol. 52. No. 210 /Friday. October 30. 1987 / Rules and Regulations 41847
inadequate or which for any other
reason lacks fiber cohesion or adhesion
qualities. Such damage or deterioration
njtffe illustrated by the separation of
A^ptito 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 originacing from the
ACBM in question may also indicate
damage.
"^feged or significantly damaged
the^Hpystem insulation ACM" means
thermalsystem 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, water-
stained, 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
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 au
adhesive matrix to prevent the release
of fibers, as the encapsulant create* •
membrane over the surface (bridging
encapsulant) or penetrate* the material
and bind* it* component* together
(penetrating encapsulant).
"Enclosure" mean* an airtight
impermeable, permanent barrier around
ACBM to prevent the release of
fibers into the air.
episode" mean* any
uncoed or unintentional
disturbance of ACBM resulting in vi»ible
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 paniculate air"
(HEPA) refers to a filtering system
capable of trapping and retaining at
least 99.97 percent of all monodispersed
particles 0.3 pm 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
dependents' 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
component*, structural members or
fixtures, such as floor and ceiling tiles,
and does not include surfacing material
or thermal system insulation.
"Nonfriable" mean* material in a
school building which when dry may not
be crumbled, pulverized, or reduced to
powder by hand pressure.
"Operations and maintenance
program'' mean* a program of work
practice* 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" mean*
circumstances in which:
(1) Friable ACBM i* in an area
regularly used by building occupant*.
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.
(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, thai 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 i* specially designed for athletic
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41848 Federal Register / Vol. 52, No. 210 /Friday. October 30. 1987 / Rules and Regulations
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
Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the
Northern Marianas, the Trust Territory
of the Pacific Islands, and the Virgin
Islands.
"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.
{ 76344 General local education agency
responslbUlttes.
Each local education agency shall:
(a) Ensure that the activities of any
persona 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
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.
(0 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)(l) 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 U.S. Department of
Transportation 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 iubpart.
i 763JS Inspection and retnspecoons.
(a) Inspection. (1) Except as provided
in paragraph (a){2) of this section, before
October 12.1988, local education
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 October 12.1988. that is to be
used as a school building shall be
inspected as described under
paragraphs (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 5 763.99, 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
§ S 763.88 and 763.87.
(v) Assess, under g 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 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)fB) of this section are surfacing
material, thermal system insulation, or
miscellaneous material.
(El Assessments made of friable
material, the name and signature of each
accredited inspector making the
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.1 Register / Vol 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations 41849
assessment State of accreditation, and
if i icable. his or her accreditation
nu;
jinspcction. (1) At least once
t .> years after a management plan
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:
fi) Visually rcinspcct. and reassess.
u T j 763.88. the condition of all
fr. le 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.
(ii 'dentify any homogeneous areas
witt aterial that has become friable
since the last inspection or reinspection.
(iv) For each homogeneous area of
newly friable material that is already
asMumed to be ACBM. bulk samples
may he collected and submitted for
analysis in accordance with $} 763.66
and 763.87.
(v) Assess, under { 76 38. the
of the newly fr jfale material
where samples are collected.
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 i 763.34
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 sample*
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 a^&ditation. and if applicable, his or
her^^Bditation number.
(cy9ineral. Thermal system
insulation that has retained iU structura.
integrity and that has an undamaged
protective jacket or wrap that prevents
fiber release shall be treatec -s
nonfriable and therefore is subject only
to periodic surveillance and preventive
measures as necessary.
$783.98 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* or less, except us
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* but less
than or equal to 5.000 ft*, except as
provided in J 763.87(c)(2).
(3) At least seven bulk samples shall
be collected from each homogeneous
area that is greater than 5.000 ft1, except
as provided in I 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 i 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 U
not assumed to be ACM.
(d) Nonfriable suspected ACBM. If
any homogeneous area of nonfriable
suspected ACBM is not assumed to b«
ACM. then an accredited inspector shall
collect, in a manner sufficient to
determine whether the material is ACM
or not ACM, bulk r- -nples from the
homogeneous area ; nonfriable
suspected ACBM that is not assumed to
be ACM.
{7S3.87 Analysis.
(a) Local education agencies shall
have bulk samples, collected under
S 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
A to Subpart F in 40 CFR Part 763.
(c)(l) 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.
8.76XM Aaa«s*m«nt
(a)(l) 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.
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41850 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
(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:
(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^ sir
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 action*. 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
to the management plan.
fnxso
(a) The local education agency shall
select and implement in a timely manner
the appropriate response actions in this
•action 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)(l) 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 i 763.03, 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-ternf costs.
(d) If significantly damaged friable'
surfacing ACM or significantly damaged
friable miscellaneous ACM is present in
a balding the local education agency
shall:
(1) Immediately isolate the functional
•pace and restrict access, unless
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
•«rf maintenance (O&M) program, as
described under 176&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 endangennent
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 219 CFR 1926.58
(Occupational Safety and Health
Administration (OSHA) asbestos
worker protection standards for
construction), 40 CFR Part 763. Subpart
C (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 ss
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, short-
duration.
(11) 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.
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations 41851
laboratories enrolled in the American
Industrial Hygiene Association
Proficiency Analytical Testing Proaram
for^Mu contrast microscopy (PCM).
(^HUil 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). (5). (6). or (7) 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 cbllected 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 filler background level, as defined in
Appendix A of this Subpart E, of 70
slruct^es per square millimeter (70 s/
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 aver as -
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 *). If the average concentration of
asbestos of the five air samples within
the affected functional space exceeds 70
a/mm •, 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). (5), (6).
or (7) of this section are met.
(5) At any time, a local education
agency may analyze air monitoring
tamplescoli- for clearance
gurposes b* contrast microscopy
PCM) to c Completion 01 removal.
•ncapsulac . . : enclosure of ACBM
Jiat isfireai? • ^>«n small-scale, short-
iuraj^^viu teas than or equal to 160
iquar^Pet or 280 linear feet The action
ihall be considered complete wh«n 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 (N1OSH) 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 fibers per cubic centimeter
(0.01 f/cm 3) of air). The method is
available at the Office of the Federal
Register Information Center, llth and L
St.. N'W.. Room 8401. Washington. DC,
20408. and the EPA OPTS Reading
Room. Rm. C004 Northeast Mall. 401 M
St.. SW.. Washington. DC 20460. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance 'with 5 U.S.C.
552(n) 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 Federal Register.
(6) Until October 7.1909. a local
education agency may analyze air
monitoring samples collected for
clearance purposes by PCM to confirm
completion of removal, encapsulation, or
enclosure of ACBM that is less than or
equal to 3.000 square feet or 1.000 linear
feet. The action shall be considered
complete when the results of samples
collected Ln the affected functional
space and analyzed by PCM using the
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 quantitation for PCM (0.01 fibers
per cubic centimeter. 0.01 f/cm 3). The
method is available at the Office of the
Federal Register, llth and L St.. NW..
Room 8301. Washington. DC. 204O8. and
in the EPA OPTS Reading Room. Rm.
G004 Northeast Mall. 401 M St.. SW..
Washington. DC 20460. 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 Federal Register.
(7) From October 8.1989. to October 7.
1990. a local education agency may
analyze air monitoring samples
collected for clearance purposes by
PCM to confirm completion of removal.
encapsulation, or enclosure of ACBM
that is lesa than or equal to 1-500 square
feet or 500 linear feet. The action shall
be considered complete when the results
of samples collected in the affected
functional space and analyzed by PCM
using the 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 fibers per cubic
centimeter. 0.01 f/cm 3). The method is
available at the Office of the Federal
Register, llth and L St.. NW., Room
8301, Washington. DC. 20408. and in the
EPA OPTS Reading Room. Rm. C004
Northeast Mall. 401 M St.. SW..
Washington. DC 20460. This
• incorporation v reference was
approved by (;.,•> 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
dale of this rule and a notice of any
change to the method will be published
in the Federal Register.
(8) To determine the amount of ACBM
affected under paragraphs (i) (5). (6).
and (7) 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 paragraphs (i) (5). (6), or
(7) of this section.
{ 784.91 Operations and nulnttruinc*.
(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. The protection
provided by EPA at 40 CFR 783.121 for
worker protection during asbestos
abatement projects is extended to
employees of local education agencies
wh. perform operations, maintenance.
an -pair (O&M) activities involving
A and who are not covered by the
C~. iA asbestos construction standard
at 29 CFR 1926-58 or an asbestos worker
approved by OSHA under section 19 of
the Occupational Safety and Health Act
Local education agencies may consult
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41852 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
Appendix B of this Subpart if their
employees are performing operations.
maintenance, and repair activities that
are of small-scale, short-duration.
(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 fhable suspected
ACBM assumed to be ACM are present
•hall 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 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, leak-
tight 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
person* 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) Us* work practices or other
controls, such as. wet methods,
protective clothing. HEPA-vacuums,
mini-enclosures, glove bags, as
necessary to inhibit the spread of soy
released fibers.
(5) Clean all fixtures "or other
components in the immediate work area.
(0) Place the asbestos debris and other
cleaning materials in a sealed, leak-tight
container.
(e) Maintenance activities other than
Bmall-fcale. thort-duratian. 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 end 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):
(i) Thoroughly saturate the debris
using wet methods.
(il) 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 ah
encapsulant. or immediately have the
appropriate response action
implemented as required by S 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 desigaed
by persons accredited to design
response actions and conducted by
persons accredited to conduct response
actions.
f 763.92 Training and period*
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 msy work in a
building that «m«<«
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations 41853
changes in the condition of the
materials.
(iii) Submit to the person designated
to ^jv out general local education
ag^Hpesponsibilities under § 763.84 a
copjam such record for inclusion in the
management plan.
{ 76X93 Management plans.
(a)(l) On or before October 12.1988.
each local education agency shall
develop ar 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 sub: :'ted to
the Agency designated by the _^vemor.
(3) If a local education agency begin*
to use a building as a school after
October 12.1988. the local education
agenc^^hall submit a management plan
for ^^Khool to the Agency designated
by tT^^ovemor 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
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 iU 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, reinspecUon.
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
brin^fl^^ian up-to-date.
(el^Hnanagement plan shall be
deveiopea 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 linearfootage 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 ; :her laboratory reports
pertaining to tne 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 dearly 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.
' ii) A description of the manner used
tr - (ermine sampling locations, and the
n -.e 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 § 763.8r(a) the date of
analysis, and the name and signature of
the person performing the analysis.
(v) A descriptir of assessments.
required to be maae 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 . erson 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.
(5) The recommendations made to the
local education agency regarding
responseTctions. 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
S 783.85. a plan for operations and
maintenance activities under 9 763.91.
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41854 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
and a plan for periodic surveillance
under f 763.92, a description of the
recommendation made by the
management planner regarding
additional cleaning under § 763-81(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{bJ of Title II of the
Act. or is accredited1 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 m compliance with this
Subpart E. Such statement may not be
signed by a person who. La addition to
preparing or assisting in preparing the
management plan. also implements (or
will implement) the management plan.
(g)(l) 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 nay charge a
reasonable cost to nake copies of
management plans.
(2) Each local education agency thai)
maintain ia iU administrative office a
complete, updated copy of a
management plan for each tfhvirt
its administrative control or direction.
The management plans shall be
available, during normal business hours.
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.
(3) Each school shall maintain in its
administrative office a complete.
updated copy of the management plan
for that school. Management plans shall
be available for inspection, without cost
or restriction, to workers before work
begins in any area of a school building.
The school shall make management
plans available for inspection to
representatives of EPA and the State,
the public, including parents, teachers.
and other school per sound and their
representatives within 5 working days
after receiving a reo/uest for inspection.
The school may charge a reasonable
cost to make copies of the management
plan.
(4) Upon submission of its
management plan to the Governor and
at least once each school year, the local
education agency shall notify in writing
parent, teacher, and employee
organizations of the availability of
management pUna and thaU.iodude in
the management plan a description of
the step* taken to notify such
organizations, and a dated copy of the
notification, in the absence of any such
organizations for parents, teachers, or
employees', the local education agency
shall provide written notice to that
relevant group of the availability of
management plans and shall mdude in
the management plan a description of
the steps taken to notify such groups.
and a dated copy of the notification.
(h) Records required under } 763.94
shall be made by local education
agencies and maintained as part of the
management phuv
(i) Each maoagea>cat plan must
contain a true and correct statement.
signed by the individual designated by
the local education agency ander
9 763.84. which certifies that the general.
local education agency responsibilities.
as stipulated by & 76iM, have been met
or will be met
5740^4 Racorcfcacptnt.
(a) Records required uodec this
section shall be maioiaiaed ia a
centralized location in the
administrative oiBca of both the school
and the local education agency as part
of th* management ptaa. For each
honogeneoaa area where all ACBM has
been removed, the local education
agency shall ensure that such records
are retained for 3 years after the next
reinspection required under
§ 763^5(bMl). or for an equivalent ..
period.
(b) For each preventive measure and
response action taken for friable and
nonfriable ACBM and friable and
nonfriable suspected ACBM assumed to
be ACM. the local education agency
shall provide*.
(1) A detailed written description of
the measure or action, including
methods used, the location where the
measure or action was taken, reasons
for selecting the measure or action, start
and completion dates of the work,
names and addresses of all contractors
involved, and if applicable, their State of
accreditation, and accreditation
numbers, and if ACBM is removed, the
name and location of storage or disposal
site of the ACM.
(2) The name and signature of any
person collecting any air sample
required to be collected at the
completion of certain response actions
specified by 5 783,900), the location*
where samples were collected, date of
collection, the name and address of the
laboratory analyzing the samples, the
date of analysis, the results of the
analysis, the method of analysis, the
name and signature of the person
. performing the analysis, and a statement
that the laboratory meets the applicable
requirements of § 763.90(i)(2)(ii).
(c) For each person required to be
trained under } 783.92(a) (1) and (2). the
local education agency shall provide the
person's name and job title. th« date
that training was completed by that
person, the location of the training, and
the number of hours completed in such
training.
(d) For each time that periodic
surveillance under } 783.92{b) is
performed, the local education agency
shall record the name of each person
performing the surveillance, the date of
the surveillance, and any changes ia the
conditions of the materials.
(e) For each time that cleaning uoder
S 763-91 (c) is performed, the local
education agency shall record the name
of each person performing the cleaning.
the date of such cleaning, the locations,
cleaned, and the methods used to
perform such cleaning.
(f) For each time that operations and
maintenance activities under I Teaai(d)
are performed, tfee local education
agency shall record the name of each
person performing- the activity, the start
and completion dates of the activity, the
locations where saca activity occurred.
a description of the activity ncludiag
preventive measures used, and if ACBM
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations 41855
is removed, the name and location of
storage or disposal site of the ACM.
(g) For each time that major asbestos
activity under § 763.91(e) is performed.
oca! education agency shall provide
ame and signature. State of
accreditation, and if applicable, the
accreditation number of each person
performing the activity, the start and
completion dates of the activity, the
locations where such activity occurred.
a description of the activity Including
preventive measures used, and if ACBM
is removed, the name and location of
storage or disposal site of the ACM.
(h) For each fiber release episode
under { 763.91 (f). the local education
agency shall provide the date and
location of the episode, the method of
repair, preventive measures or response
action taken, the name of each person
performing the work, and if ACBM is
removed, the name and location of
storage or disposal site of the ACM.
(Approved by the Office of Management and
Budget under control number 2070-0091)
} 763.35 Warning labcts.
(a) The local education agency shall
attach a warning label immediately
adjacent to any friable and nonfriable
ACBM and suspected ACBM assumed
to be ACM located in routine
maintenance areas (such as boiler
each school building. This
dude:
Triable ACBM that was responded
to by a means other than removal.
(2) ACBM for which no response
action was carried out
(b) All labels shall be prominently
displayed in readily visible locations
and shall remain posted until the ACBM
that is labeled is removed.
(c) The warning label shall read, in
print which is readily visible because of
large size or bright color, as follows:
CAUTION: ASBESTOS. HAZARDOUS.
DO NOT DISTURB WITHOUT PROPER
TRAINING AND EQUIPMENT.
9763.97 CompHanc* and enforcement
(a) Compliance with Title II of the
Act. (1) Section 207(a) of Title II of the
Act (15 U.S.C 2847) makes it unlawful
for any local education agency to:
(i) Fail to conduct inspections
pursuant to section 203(b) of Title D of
the Act including failure to follow
procedures and failure to use accredited
personnel and laboratories.
(ii) Knowingly submit false
information to the Governor regarding
any inspection pursuant to regulations
under section 203(i) of Title II of the Act
(yflkil to develop a management
pia^Hauant to regulations under
section 203(1) of Title II of the Act
(2) Section 207(a) of Title II of the Act
(15 U.S.C. 2647) also provides that any
local education agency which violates
any provision of section 207 shall be
liable for a civil penalty of not more .
than $5.000 for each day during which
the violation continues. For the purposes
of this subpart a "violation" means a
failure to comply with respect to a single
school building.
(b) Compliance with Title I of the Act.
(1) Section 15(1)(D) of Title I of the Act
(15 U.S.C. 2814) makes it unlawful for
any person to fail or refuse to comply
with any requirement of Title II or any
rule promulgated or order issued under
Title II. Therefore, any person who
violates any requirement of this Subpart
is in violation of section 15 of Title I of
the Act.
(2) Section 15(3) of Title I of the Act
(15 U.S.C. 2614) makes it unlawful for
any person to fail or refuse to establish
or maintain records, submit reports.
notices or other information, or permit
access to or copying of records, as
required by this Act or a rule
thereunder.
(3) Section 15(4) (15 U.S.C 2814) of
Title I of the Act makes it unlawful for
any person to fail or refuse to permit
entry or inspection as required by
section 11 of Title I of the Act.
(4) Section 16(a) of Title I of the Act
(15 U.S.C. 2615) provides that any
person who violates any provision of
section 15 of Title 1 of the Act shall be
liable to the United States for a civil
penalty in an amount not to exceed
$25.000 for each such violation. Each
day such a violation continues shall, for
purposes of this paragraph, constitute a
separate violation of section 15. A local
education agency is not liable for any
civil penalty under Title I of the Act for
failing or refusing to comply with any
rule promulgated or order issued under
Title II of the Act
(c) Criminal penalties. If any violation
committed by any person (including a
local education agency) is knowing or
willful, criminal penalties may be
assessed under section 16(b) of Title I of
the Act
(d) Injunctive relief. The Agency may
obtain injunctive relief under section
208(b) of Title n of the Act to respond to
• hazard which poses an imminent and
substantial endangerment to human
health or the environment or section 17
(15 U.S.C 2818) of Title I of the Act to
restrain any violation of section 15 of
Title I of the Act or to compel the taking
of any action required by or under Title 1
of the Act
(e) Citizen complaints. Any citizen
who wishes to file a complaint pursuant
to section 207(d) of Title II of the Act
should direct the complaint to the
Governor of the State or the EPA
Asbestos Ombudsman, 401 M Street.
SW.. Washington. DC 20460. The citizen
complaint should be in writing and
identified as a citizen complaint
pursuant to section 207(d) of Title n of
TSCA. The EPA Asbestos Ombudsman
or the Governor shall investigate and
respond to the complaint within a
reasonable period of time if the
allegations provide a reasonable basis
to believe that a violation of the Act has
occurred.
(f) Inspections. EPA may conduct
inspections and review management
plans under section 11 of Title I of the
Act (15 U.S.C. 2610) to ensure
compliance.
§ 763.M Waiver; delegation to SUte.
(a) General. (1) Upon request from a
State Governor and after notice and
comment and an opportunity for a
public hearing in accordance with
paragraphs (b) and (c) of this section.
EPA may waive some or all of the
requirements of this Subpart E if the
State has established and is
implementing or intends to implement a
program of asbestos inspection and
management that contains requirements
that are at least as stringent as the
requirements of this Subpart E.
(2) A waiver from any requirement of
this Subpart E shall apply only to the
specific provision for which a waiver
has been granted under this section. All
requirements of this Subpart E shall
apply until a waiver is granted under
this section.
(b) Request. Each request by a
Governor to waive any requirement of
this Subpart E shall be sent with three
complete copies of the request to the
Regional Administrator for the EPA
Region in which the State is located and
shall include:
(1) A copy of the State provisions or
proposed provisions relating to its
program of asbestos inspection and
management in schools for which the
request is made.
(2)(i) The name of the State agency
that is or will be responsible for
administering and enforcing the
requirements for which a waiver is
requested, the names and job titles of
responsible officials in that agency, and
phone numbers where the officials can
be contacted.
(ii) In the event that more than one
agency is or will be responsible for
administering and enforcing the
requirements for which a waiver is
requested, a description of the functions
to be performed by each agency, how
the program will be coordinated by the
lead agency to ensure consistency and
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41856 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1967 / Rules and Regulations
effective administration in the asbestos
inspection and management program
within the State, the names and job
titles of responsible officials in the
agencies, and phone numbers where the
officials pan be contacted. The lead
agency will serve as the central contact
point for the EPA.
(3) Detailed reasons, supporting
papers, and the rationale for concluding
that the State's asbestos inspection and
management program provisions for
which the request is made are at least as
stringent as the requirements of this
Subpart E.
(4) A discussion of any special
situations, problems, and needs
pertaining to the waiver request
accompanied by an explanation of how
the State intends to handle them.
(5) A statement of the resources that
the State intends to devote to the
administration and enforcement of the
provisions relating to the waiver
request
(6) Copies of any specific or enacting
State law* (enacted and pending
enactment) and regulation*
(promulgated and pending promulgation)
relating to the request, including
provisions for assessing criminal and/or
civil penalties.
(7) Assurance from the Governor, the
Attorney General, or the legal counsel of
the lead agency that the lead agency or
other cooperating agencies have the
legal authority necessary to carry out
the requirements relating to the request
(c) General notice—hearing. (1)
Within 30 days after receipt of a request
for a waiver. EPA will determine the
completeness of the request If EPA does
not request further information within
the 30-day period, the request will be
deemed complete.
(2) Within 30 days after EPA
determines that a request is complete.
EPA will issue for publication in the
Federal Register a notice that announces
receipt of the request, describes the
information submitted under paragraph
(b) of this section, and solicits written
comment from interested members of
the public. Comments must be submitted
within 60 days.
(3) If. during the comment period. EPA
receives a written objection to a
Governor's request and a request for •
public hearing detailing specific
objections to the granting of • waiver.
EPA will schedule a public hearing to be
held in the affected State after the close
of the comment period and will
announce the public hearing date in the
Federal Register before the date of the
hearing. Each comment shall include the
name and addreaa of the person
submitting the comment
(d) Criteria. EPA may waive some or
all of the requirements of Subpart E of
this part if:
(1) The State's lead agency and other
cooperating agencies have the legal
authority necessary to carry out the
provisions of asbestos inspection and
management in schools relating to the
waiver request
(2) The State's program of asbestos
inspection and management in schools
relating to the waiver request and
implementation of the program are or
will be at least as stringent as the
requirements of this Subpart E.
(3) The State bes an enforcement
mechanism to allow it to implement the
program described in the waiver
request
(4] The lead agency and any
cooperating agencies have or will have
qualified personnel to carry out the
provisions relating to the waiver
request
(5) The State will devote adequate
resources to the administration and
enforcement of the asbestos inspection
and management provisions relating to
the waiver request
(B) When specified by EPA. the Slate
gives satisfactory assurances that
necessary steps, incfetding specific
actions it proposes to take and a time
schedule for their accomplishment will
be taken within a reasonable time to
conform with applicable criteria under
paragraph (d) (2) through (4) of this
section.
(e) Decision. EPA will issue for
publication In the Federal Register a
notice announcing its decision to grant
or deny, in whole or hi part a
Governor's request for a waiver from
some or all of the requirements of this
Subpart E within 30 days after the dose
of the comment period or within 30 days
following a public hearing, whichever, is
applicable. The notice will include the
Agency's reasons and rationale for
granting or denying the Governor's
request The 30-day period may be
extended if mutually agreed upon by
EPA and the State.
(f) Modification*. When any
substantial change is made in the
administration or enforcement of a State
program for which a waiver was granted
under this section, a responsible official
in the lead agency shaU submit such
changes to EPA.
(g) Reports- The lead agency in each
State that has been granted a waiver by
EPA from any requirement of Subptu t E
of this port shall submit a report to the
Regional Administrator for the Region in
which the State is, located at least once
every 12 month* to include the {allowing
information:
(1) A summary of the State's
implementation and enforcement
activities during the last reporting period
relating to provisions waived under this
section, including enforcement actions
taken.
(2) Any changes in the administration
or enforcement of the State program
implemented during the last reporting
period.
(3) Other reports as may be required
by EPA to carry out effective oversight
of any requirement of this Subpart E that
was waived under this section.
(h) Oversight. EPA may periodically
evaluate the adequacy of a State's
implementation and enforcement of and
resources devoted to carrying out
requirements, relating to the waiver. This
evaluation may include, but is not
limited to. site visits to local education
agencies without prior notice to the
State.
(i) Informal conference. (1J EPA may
request that an informal conference be
held between appropriate State and
EPA officials when EPA has reason to
believe that a State has failed to:
(i) Substantially comply with the
terms of any provision that was waived
under this section.
(ti) Meet the criteria under paragraph
(d) of this section, including the failure
to carry out enforcement activities or act
on violations of the State program.
(2) EPA will:
(i) Specify to the State those aspects
of the State's program believed to be
inadequate.
(ii) Specify to the State the facts that
underlie the belief of inadequacy.
(3) If EPA finds, on the basis of
information submitted by the State at
the conference, that deficiencies did not
exist or were corrected by the State, no
further action is required.
(4) Where EPA finds that deficiencies
in the State program exist a plan to
correct the deficiencies shall be
negotiated between the Slate and EPA.
The plan shall detail the deficiencies
found in the State program, specify the
steps the State has taken or will take to
remedy the deficiencies, and establish a
schedule for each remedial action to be
initiated
fj) Rescission. (1) If the State fails to
meet with EPA or fails to correct
deficiencies raised at the informal
conference. EPA will deliver to the
Governor of the State and a responsible
official in the lead agency • written
notice of Us intent to rescind, in whole
or part, the waiver.
(2) EPA will issue for publication in
the Federal Register a notice that
announce* the rescission of the waiver.
describe* those aapect* of the State's
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Federal Register / Vol. 52. No. 210 /Friday. October 30, 19B7 / Rules and Regulations 41857
program determined to be inadequate,
and specifies the facts that underlie the
findings of inadequacy.
Exclusions.
local education agency shall not
quired to perform an inspection
under f 763.85(a) in any sampling area
as defined in 40 CFR 763.103 or
homogeneous area of a school building
where:
(1) An accredited inspector has
determined that, based on sampling
records, friable ACBM was identified in
that homogeneous or sampling area
during an inspection conducted before
December 14.1967. The inspector shall
sign and date a statement to that effect
with his or her State of accreditation
and if applicable, accreditation number
and. within 30 days after such
determination, submit a copy of the
statement to the person designated
under 5 763.84 for inclusion in the
management plan. However, an
accredited inspector shall assess the
friable ACBM under { 763.88.
(2) An accredited inspector has
determined that based on sampling
records, nonfriable ACBM was
identified in that homogeneous or
sampling area during an Inspection
conducted before December 14.1887.
The inspector shall sign and date a
to that effect with his or her
accreditation and if applicable.
acoRtation number and, within 30
days after such determination, submit a
copy of the statement to the person
designated under { 763.84 for inclusion
in the management plan. However, an
accredited inspector shall identify
whether material that was nonfriable
has become friable since that previous
inspection and shall assess the newly-
friable ACBM under § 763.88.
(3} Based on sampling records and
inspection records, an accredited
inspector has determined that no ACBM
is present in the homogeneous or
sampling area and the records show that
the area was sampled, before December
14.1987 in substantial compliance with
| 763.85(a). which for purposes of this
section means in a random manner and
with a sufficient number of samples to
reasonably ensure that the ana is not
ACBM.
(i) The accredited inspector shall sign
and date a statement with his or her ~
State of accreditation and if applicable,
accreditation number that the
homogeneous or sampling area
determined not to be ACBM was
sampled in substantial compliance with
30 days after the
inspror i determination, the local
education agency shall submit a copy of
the inspector's statement to the EPA
Regional Office and shall include the
statement in the management plan for
that school
(4) The lead agency responsible for : •
asbestos inspection in a State that has
been granted a waiver from { 763.85(a)
has determined that, based on sampling
records and inspection records, no
ACBM is present in the homogeneous or
sampling area and the records show that
the area was sampled before December
14.1987. in substantial compliance with
( 763.85(a). Such determination shall be
included in the management plan for
that school.
(5) An accredited inspector has
determined that, based on records of an
inspection conducted before December
14.1987. suspected ACBM identified in
that homogeneous or sampling area is
assumed to be ACM. The inspector shall
sign and date a statement to that effect.
with his or her State of accreditation
and if applicable, accreditation number
and. within 30 days of such
determination, submit a copy of the
statement to the person designated
under § 76334 for inclusion in the
management plan. However, an
accredited Inspector shall identify
whether material that was nonfriable
suspected ACBM assumed to be ACM
has become friable since the previous
inspection and shall assess the newly
friable material and previously
identified friable suspected ACBM
assumed to be ACM under S 763.88.
(6) Based on inspection records and
contractor and clearance records, an
accredited inspector has determined
that no ACBM is present in the
homogeneous or sampling area where
asbestos removal operations have been
conducted before December 14.1987,
and shall sign and date a statement to
that effect and include his or her State of
accreditation and. if applicable.
accreditation number. The local
education agency shall submit a copy of
the statement to the EPA Regional
Office and shall include the statement in
the management plan for that school.
(7) An architect or project engineer
responsible for the construction of a
new school building built after October
1Z1988. or an accredited inspector signs
a statement that no ACBM was
specified as a building material in any
construction document for the building.
or. to the best of his or her knowledge.
no ACBM was used as a building
material in the building. The local
education agency shall submit a copy of
the signed statement of the architect,
project engineer, or accredited inspector
to the EPA Regional Office and shall
include the statement in the
management plan for that school
(b) The exclusion, under paragraph (a)
(1) through (4) of this section, from
conducting the inspection under
i 783.85(a) shall apply only to
homogeneous or sampling areas of a
school building that were inspected and
sampled before October 17.1987. The
local education agency shall conduct an
inspection under 5 763.85(a) of all areas
inspected before October 17.1987, that
were not sampled or were not assumed
to be ACM.
(c) If ACBM is subsequently found in
a homogeneous or sampling area of a
local education agency that had been
identified as receiving an exclusion by
an accredited inspector under
paragraphs (a) (3). (4), (5) of this section,
or an architect, project engineer or
accredited inspector under paragraph
(a)(7) of this section, the local education
agency shall have 180 days following the
date of identification of ACBM to
comply with this Subpart E.
Appendix A to Subpart E—Interim
Transmission Electron Microscopy
Analytical Methods—Mandatory and
Nonmandatory—and Mandatory Section
to Determine Completion of Response
Actions
/. Introduction
The following appendix contains three
units. The first unit is the mandatory
transmission electron microscopy (TEM)
method which all laboratories must
follow; it is the minimum requirement
for analysis of air samples for asbestos
by TEM. The mandatory method
contains the essential elements of the
TEM method. The second unit contains
the complete non-mandatory method.
The non-mandatory method
supplements the mandatory method by
including additional steps to improve
the analysis. EPA recommends that the
non-mandatory method be employed for
analyzing air filters; however, the
laboratory may choose to employ the
mandatory method. The non-mandatory
method contains the same minimum
requirements as are outlined in the
mandatory method. Hence, laboratories
may choose either of the two methods
for analyzing air samples by TEM.
The final unit of this Appendix A to
Subpart E defines the steps which must
be taken to determine completion of
response actions. This unit is
mandatory.
II. Mandatory Transmission Electron
Microscopy Method
A. Definitions of Terms
1. "Analytical sensitivity"—Airborne
asbestos concentration represented by
each fiber counted under the electron
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41858 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
microscope. It is determined by the air
volume collected and the proportion of
the niter examined This method
requires that the analytical sensitivity
be no greater than (XOQ5 structures/on'.
-2. "Asbestiferm"—A specific type of
mineral fibrosity in which the fibers and
fibrils possess high tensile strength and
flexibility.
3. "Aspect ratio"—A ratio of the
length to the width of a particle.
Minimum aspect ratio a* defined by this
method is equal to or greater than 5:1.
4. "Bundle"—A structure composed of
three or more fibers in a parallel
arrangement with each fiber closer than
one fiber diameter.
5. "Clean area"—A controlled
environment which is maintained and
monitored to assure a low probability of
asbestos contamination to materials in
that space. Clean areas used in this
method have HEPA filtered air under
positive pressure and are capable of
sustained operation with an open
laboratory blank which on subsequent
analysis has an average of less than 18
structures/mm1 in an area of 0.057 mm*
(nominally 10 200-mesh grid openings)
•nd.a maximum of 53 structures /mm1
for any single preparation for that same
area.
6. "Cluster"—A structure with fibers
In a random arrangement such that all
fibers are intermixed and no single fiber
is isolated from the group. Groupings
must have more than two intersections.
7. "ED"—Electron diffraction.
8. "EDXA"—Energy dispersive X-ray
analysis.
9. 'Tiber"—A structure greater than or
equal to 0,5 ^un in length with an aspect
ratio (length to width) of 5:1 or greater
and having substantially parallel sides.
10. "Grid"—An open structure for
mounting on the sample to aid in its
examination in the TEM. The term is
used here to denote a 200-mesh copper
lattice approximately 3 mm in diameter.
11. "Intersection"—Nonparallel
touching or crossing of fibers, with the
projection having an aspect ratio of 5:1
or greater.
12. "Laboratory sample
coordinator"—That person responsible
for the conduct of sample handling and
the certification of the testing
procedures.
13. "Filter background level"—The
concentration of structures per square
millimeter of filter that is considered
indiatinguishable from the concentration
measured on a blank (filters through
which no air has been drawn). For this
method the filter background level is
defined as 70 structures/mm*.
14. "Matrix"—Fiber or fibers with one
end free and the other end embedded in
or hidden by • particulate. The exposed
fiber must meet the fiber definition.
15. "NSD"—No structure detected.
16. "Operator"—A person responsible
for the TEM instrumental analysis of the
sample.
17. "PCM"—Phase contrast
microscopy.
18. "SAED"—Selected area electron
diffraction.
19. "SEM**—Scanning electron
microscope.
20. "STEM"—Scanning transmission
electron microscope.
21. "Structure"—a microscopic
bundle, cluster, fiber, or matrix which
may contain asbestos. - :•'.
22. "S/on3"—Structures per cubic •
centimeter. . . .:
23. "S/mm*"—Structures per square
millimeter. ... .. ..
24. "TEM"—Transmission ile'ctroh' '
microscope.
B. Sampling . . .
1. The sampling agency must have • .
written quality control procedures and -
documents which verify compliance,
2. Sampling operations must be ...
performed by qualified individuals •:
completely independent of the
abatement contractor to avoid possible .
conflict of interest (References 1. 2, 3.
and 5 of Unit U.].).
3. Sampling for airborne asbestos
following an abatement action must use
commercially available cassettes.
4. Prescreen the loaded cassette -..
collection filters to assure that they do ...
not contain concentrations of asbestos -
which may interfere with the analysis of
the sample. A filter blank average of
less than 18 s/mm* in an area of CJJ57
mm* (nominally 10 200-mesh grid
openings) and a single preparation with
a maximum of 53 s/mms for that same
area is acceptable for this method.
5. Use sample collection filters which
are either polycarbonate having a pore
size less than or equal to 0.4 pm or
mixed cellulose ester having a pore size
less than or equal to 0.45 pm.
6. Place these filters in series with a
5.0 >im backup filter (to serve as a
difruser) and a support pad. See the
following Figure 1:
MJJNQ COOC «MO «0-M
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Federal Register / Vol. 52. No. 210 / Friday, October 30.1987 / Rules and Regulations
41859
FIGURE I—SAMPLING CASSETTE CONFIGURATION
•jlnlet Plug
Cassette Cap
Extension Cowl
or
Retainer Ring
0.4 inn pore PC filter or
0.45 urn pore MCE filter
MCE Diffuse/
Support Pad)
Cassette Base
Outlet Plug)
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41860 Federal Register / Vol. 52. No. ZIP / Friday. October 30. 1987 / Rules and Regulations
7. Reloading of used cassettes is not
permitted.
8. Orient the cassette downward at
approximately 45 degrees from the
horizontal
9. Maintain a log of all pertinent
sampling information.
10. Calibrate sampling pumps and
their flow indicators over the range of
their intended use with a recognized
standard. Assemble the sampling
system with a representative filter (not
the filter which will be used in sampling)
before and after the sampling operation.
11. Record all calibration information.
12. Ensure that the mechanical
vibrations from the pump will be
minimized to prevent transferral of
vibration to the cassette.
13. Ensure that a continuous smooth
flow of negative pressure is delivered by
the pump by damping out any pump
action fluctuations if necessary.
14. The final plastic barrier around the
abatement area remains in place for the
sampling period.
IS. After the area has passed a
thorough visual inspection, use
aggressive sampling conditions to
'dislodge any remaining dust. (See
suggested protocol in Unit III.B.7.d.)
16. Select an appropriate flow rate
equal to or greater than 1 liter per
minute (L/min) or less than 10 L/min for
25 mm cassettes. Larger filters may be
operated at proportionally higher flow
rates.
17. A minimum of 13 samples are to be
collected for each testing site consisting
of the following:
a. A minimum of five samples per
abatement area.
b. A minimum of five samples per
ambient area positioned at locations
representative of the air entering the
abatement site.
c. Two field blanks are to be taken by
removing the cap for not more than 30
seconds and replacing it at the time of
sampling before sampling is initialed at
the following places:
i. Near the entrance to each
abatement area.
ii. At one of the ambient sites. (DO
NOT leave the field blanks open during
the sampling period.)
d. A sealed blank is to be carried with
each sample set. This representative
cassette is not to be opened in the field.
18. Perform a leak check of the
sampling system at each indoor and
outdoor sampling site by activating the
pump with the closed sampling cassette
in line. Any flow indicates a leak which
must be eliminated before initiating the
sampling* operation.
19. The following Table I specifies
volume ranges to be used:
BILLING COOC SMO-W-M
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Federal
/ Vol. 52. No. 210 / Friday. October 30. 1987 /
41861
TABLE 1—NUMBER OF 200 MESH EM GRID OPENINGS
(0.0057 MM2) THAT NEED TO BE ANALYZED TO
MAINTAIN SENSITIVITY OF 0.005 STRUCTURES/CC
BASED ON VOLUME AND EFFECTIVE FILTER AREA
Effective Filter Area
385sqmm
I
1
Recommended
Volume
Range
1
1
,
,
,
1
1
1
1 550
600
700
800
900
1.000
1.100
,200
,300
,400
,500
,600
,700
,800
,900
2.000
2.100
2.200
2.300
2.400
2.500
2.600 {
2.700 |
2.800 |
2.900 j
3.000
3,100
3,200 j
3,300
3,400
3,500
3.600
3.700
3.800
24
. 23
19
17
15
14
12
1 1
10
10
9
•
•
•
7
7
6
6
6
«
5
5
5
5
5
5
Effective Filter Area
JJS5 so mm
1*50
1,300
1,400
1,600
1.800
2.000
2,200
2,400
2.600
2,800
3,000
3,200
3.400
3,600
3,800
4,000
4.200
4,400 I
4.600 j
4.800
5,000
5,200
5.400
5.600
5,800
6,000
6.200
6,400
6,600
6.800
7,000
7.200
7,400
7.600 _\
24 -1-
23
21
19
17
15
14
13
12
1 1
10
9
9
8
8
8
7
7
7
6
6
6
6
5
5
5
5
5
5
4
4
4 i
4
1
!
!
1
1
1
Recommended
Volume
Range
1
1
Note minimum volumes required:
25mm :560Bars
37mm : 1250 Berg
FBtoc diameter of 25 mm. effective area of 'iq mm
FeBerofameter of 37 mm. effective area oft- «jmm
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41862 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
20. Ensure that the sampler is turned
upright before interrupting the pump
flow.
21. Check that all samples are clearly
labeled and that all pertinent ;.
information has been enclosed before
transfer of the samples to the
laboratory.
22. Ensure that the samples are stored
in a secure and representative location.
23. Do not change containers if
portions of these filters are taken for
other purposes.
24. A summary of Sample Data
Quality Objectives is shown in the
following Table It
MLUNO CODE WM-M-M
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Federal Register / Vol. 52. No. 210 / Priday. October 30.1987 / Rules and Regulations 41863
TABLE II—SUMMARY OF SAMPLING AGENCY DATA QUALITY OBJECTIVES
This ttbii summarizes the data quality objectives from the performance of this method in tarns of precision, accuracy
completeness, representativeness, and comparability. These objectives are assured by the periodic control checks and reference
checks listed here and described in the text of the method.
Unit Operation
OCCheck
Conformance
_fisflucncv_
Sampling materials Sealed blank
Sample procedures Reid blanks
Pump calibration
Sample custody Review of chain-of-custody record
Sample shipment Review of sending report
1 per I/O site 95%
2 per I/O site 95%
Before and after each field series 90%
Each sample 95% complete
Each sample 95% complete
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41864 Federal Register / VoL 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
C. Sample Shipment
Ship bulk samples to the analytical
laboratory in a separate container from
air samples.
D. Sample Receiving
1. Designate one individual as sample
coordinator at the laboratory. While that
individual will normally be available to
receive samples, the coordinator may
train and supervise others in receiving
procedures for those times when he/she
is not available.
2. Bulk samples and air samples
delivered to the analytical laboratory in
the same container shall be rejected.
E. Sample Preparation
1. All sample preparation and analysis
shall be performed by a laboratory
independent of the abatement
contractor.
2. Wet-wipe the exterior of the
cassettes to minimize contamination
possibilities before taking them into the
clean room facility.
3. Perform sample preparation in a
well-equipped clean facility.
Note: The clean ana is required to have
the following minimum characterittica. The
area or hood must be capable of maintaining
a positive pretrure with make-up air being
HEPA-flltered The cumulative analytical
blank concentration mu*t average ICM than
IB t/mm1 in an area of 0.057 mm1 (nominally
10 200-meih grid openings) and a single
preparation with a maximum of 53 t/mm*
for that same area.
4. Preparation areas for air samples
must not only be separated from
preparation areas for bulk samples, but
they must be prepared in separate
rooms.
5. Direct preparation techniques are
required. The object is to produce an
intact film containing the participates of
the filter surface which is sufficiently
clear for TEM analysis.
a. TEM Grid Opening Area
measurement must be done as follows:
L The filter portion being used for
sample preparation must have the
surface collapsed using an acetone
vapor technique.
iL Measure 20 grid openings on each
of 20 random 200-mesh copper grid* by
placing a grid on • glass and examining
It under the PCM. Use • calibrated
graticule to measure the average field
diameters. Prom the data, calculate the
field area for an avenge grid opening.
iiL Measurements can also be made
OB the TEM at a prupeily calibrated low
magnification or os an optical
microscope at • magnification of
approximately 40QX by using an
eyepiece fitted with a scale that has
been calibrated against • stage
micrometer. Optical microscopy utilising
manual or automated procedures may
be used providing instrument calibration
can be verified.
b. TEM specimen preparation from
polycarbonate (PC) filters. Procedures
as described in Unit m.G. or other
equivalent methods may be used.
c. TEM specimen preparation from
mixed cellulose eater (MCE) filters.
i. Filter portion being used for sample
preparation must have the surface
collapsed using an acetone vapor
technique or the Burdette procedure
(Ref.7ofUnitnj.)
iL Plasma etching of the collapsed
filter is required. The microscope slide
to which the collapsed filter pieces are
attached is placed in a plasma asher.
Because plasma ashers vary greatly in
their performance, both from unit to unit
and between different positions in the
asher chamber, it is difficult to specify
the conditions that should be used.
Insufficient etching will result in a
failure to expose embedded filters, and
too much etching may result in loss of
particulate from the surface. As an
interim measure, it is recommended that
the time for ashing of a known weight of
a collapsed filter be established and that
the etching rate be calculated in terms of
micrometers per second. The actual
etching time used for the participate
asher and operating conditions will then
be set such that a 1-2 pm (10 percent)
layer of collapsed surface will be >
removed.
iii. Procedures as described in Unit IIL
or other equivalent methods may be
used to prepare samples.
P. TEM Method
1. An 80-120 kV TEM capable of
performing electron diffraction with a
fluorescent screen inscribed with
calibrated gradations is required. If the
TEM is equipped with EDXA it must
either have • STEM attachment or be
capable of producing a spot less than
250 nm in diameter at crossover. The
microscope shall be calibrated routinely
for magnification and camera constant
2. Determination of Camera Constant
and ED Pattern Analysis. The camera
length of the TEM in ED operating mode
must be calibrated before ED patterns
on unknown samples) are observed. This
can be achieved by using • carbon-
coated grid on which a thin film of gold
has been sputtered or evaporated. A
thin film of gold is evaporated on the
specimen TEM grid to obtain zone-axis
ED patterns superimposed with a ring
pattern from the per/crystalline gold
film. In practice, it is desirable to
optimize the thickness of the gold fil™ so
that only one or two sharp rings are
obtained on the superimposed ED
patten. Thicker gold film would
normally give multiple gold rings, but it
will tend to mask weaker diffraction
spots from the unknown fibrous
participate. Since the unknown d* '
spadngs of most interest in asbestos
analysis are those which lie closest to
the transmitted beam, multiple gold
rings are unnecessary on zone-axis ED
patterns. An average camera constant
using multiple gold rings can be
determined. The camera constant is one-
half the diameter of the rings times the
interplanar spacing of the ring being
measured.
3. Magnification Calibration. The
magnification calibration must be done
at the fluorescent screen. The TEM must
be calibrated at the grid opening
magnification (if used) and also at the
magnification used for fiber counting.
This is performed with a croes grating
replica (e.g.. one containing 2,160 lines/
mm). Define a field of view on the
fluorescent screen either by markings or
physical boundaries. The field of view
must be measurable or previously
inscribed with a scale or concentric
circles (all scales should be metric). A
logbook must be maintained, and the
dates of calibration and the valuea
obtained must be recorded The
frequency of calibration depends on the
past history of the particular
microscope. After any maintenance of
the microscope that involved adjustment
of the power supplied to the lenses or
the high-voltage system or the
mechanical disassembly of the electron
optical column apart from filament
exchange, the magnification must be
recalibrated. Before the TEM calibration
is performed, the analyst must ensure
that the cross grating replica is placed at
the same distance from the objective
lens as the specimens are. For
instruments that incorporate an
eucentric tilting specimen stage, all
specimens and the cross grating replica
must be placed at the eucentric position.
4. While not required on every
microscope in the laboratory, the
laboratory must have either one
microscope equipped with energy
dispersive X-ray analysis or access to
an equivalent system on a TEM in
another laboratory.
5. Microscope settings: 80>120 kV, grid
assessment 250-l.OOOX, then 15,000-
2OOOOX screen magnification for
analysis.
fl. Approximately one-half (OS) of the
predetermined sample area to be
analyzed shall be performed on one
sample grid preparation and the
remaining half on a second sample grid
preparation.
7. Individual grid openings with
greater than 5 percent openings (holes)
-------
Federal Register / Vol. 52. No. 210 / Friday. October 30, 1987 / Rules and Regulations 41865
or covered with greater than 25 percent
participate matter or obviously having
i loading must not be
'ject the grid if:
a. Less than 50 percent of the grid
openings covered by the replica are
intact.
b. The replica is doubled or folded.
c. The replica is too dark because of
incomplete dissolution of the filter.
9. Recording Rules.
a. Any continuous grouping of
particles in which an asbestos fiber-with
an aspect ratio greater than or equal to
5:1 and a length greater than or equal to
0.5 fim is detected shall be recorded on
the count sheet. These will be
designated asbestos structures and will
be classified as fibers, bundles, clusters.
or matrices. Record as individual fibers
any contiguous grouping having 0,1. or 2
definable intersections. Groupings
having more than 2 intersections are to
be described as duster or matrix. An
intersection is a nonparallel touching or
crossing of fibers, with the projection
having an aspect ratio of 5:1 or greater.
See the following Figure 2:
BILLING CODE «S4O-«0-«
-------
41866
Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
FIGURE 2—COUNTING GUIDELINES USED IN
DETERMINING ASBESTOS STRUCTURES
Count as 1 fiber; 1 Structure; no intersections.
Count as 2 fibers if space between fibers is greater than width of 1 fiber
diasneter or number of intersections is equal to or less than 1.
Count as 3 structures if space between fibers is greater than width of 1 fiber
diameter or if the number of intersections is equal to or less than 2.
Count bundles as 1 structure; 3 or more
than 1 fiber dimeter separation.
r*iyi fibrils less
-------
Federal Register / Vol. 52. No. 210 / Friday. October 30,1987 / Rules and Regulations
41887
Count clusters as 1 structure; fibers having greater than or equal to
3 intersections.
\
\
\
Count matrix as 1 structure.
NOT COUNT AS STRUCTURES:
Fiber protrusion
<5:1 Aspect Ratio
No fiber protusion
Fiber protrusion
<0.5 mieroneter
— <0.5 micrometer in length
mm <5:1 Aspect Ratio
-------
41B68 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
"iber. A structure having a minimum
ira
in length. ....
c. Record NSD when no structures are
detected in the field. .
d. Visual identification of electron
diffraction (ED) patterns is required for
each asbestos structure counted which
would cause the analysis to exceed the
70 s/mrn1 concentration. (Generally this
means the first four fibers identified as
asbestos must exhibit an identifiable
diffraction pattern for chrysotile or
amphibole.)
e. The micrograph number of the
recorded diffraction patterns must be
reported to the client and maintained in
the laboratory's quality assurance
records. In the event that examination of
the pattern by a qualified individual
indicates that the pattern has been
misidentified visually, the client shall be
contacted.
f. Energy Dispersive X-ray Analysis
(EDXA) is required of all amphiboles
which would cause the analysis results '
to exceed the 70 s/mm* concentration,
(Generally speaking, the first 4~
amphiboles would require EDXA.]
g. If the number of fibervin the ; --'
nonasbestos class would cause the"" • •
analysis to exceed the 70 s/nun1
concentration, the fact that they are not
asbestos must be confirmed by EDXA or
measurement of a zone axis diffraction
pattern.
h. Fibers classified as chrysotile must
be identified by diffraction or X-ray
analysis and recorded on a count sheet
X-ray analysis alone can be used only
after 70 a/mm* have been exceeded for
a particular sample.
i. Fibers classified as amphiboles must
be identified by X-ray analysis and
electron diffraction and recorded on the
count sheet (X-ray analysis alone can
be used only after 70 s/mm* have been
exceeded for a particular sample.)
). If a diffraction pattern was recorded
on film, record the micrograph number
on the count sheet
k. If an electron diffraction was
attempted but no pattern was observed.
record N on the count sheet
L If an EDXA spectrum was attempted
but not observed, record N on the count
sheet
m. If an X-ray analysis spectrum is
stored, record the file and disk number
on the count sheet.
10. Classification Rules.
a. Fiber. A structure having a
minimum length greater than or equal to
0.5 >un and an aspect ratio (length to
width) of 5:1 or greater and substantially
parallel sides. Note the appearance of
the end of the fiber. I.e.. whether it is
flat rounded or dovetailed.
b. Bundle. A structure composed of .
three or more fibers in a parallel
arrangement with each fiber closer than
one fiber diameter.
c. Cluster. A structure with fibers in a
random arrangement such that all fibers
are intermixed and no single fiber is
isolated from the group. Groupings must
have more than two intersections.
d. Matrix. Fiber or fibers with one end'
free and the other end embedded in or
hidden by a paniculate. The exposed
fiber must meet the fiber definition.
11. After finishing with a grid, remove
'it from the microscope, and replace it in
the appropriate grid holder. Sample
grids must be stored for a minimum of 1
year from the date of the analysis: the
sample cassette must be retained for a
minimum of 30 days by the laboratory or
returned at the client's request
G. Sample Analytical Sequence
1. Under the present sampling
requirements a minimum of 13 samples
is to be collected for the clearance
testing of an abatement site. These
include five abatement ana samples, .
five ambient samples, two field blanks.
and one seated blank.
2. Carry out visual Inspection of work
site prior to air monitoring.
3. Collect a minimum of 5 air samples
inside the work site and 5 samples
outside the work site. The indoor and
outdoor samples shall be taken during
the same time period.
4. Remaining steps in the analytical
sequence are contained in Unit IV of
this Appendix. " •. • - •
R Reporting . """"-
1. The following information must be
reported to the client for each sample
analyzed:
a. Concentration in structures per
square millimeter and structures per
cubic centimeter.
b. Analytical sensitivity used for the .
analysis.
c. Number of asbestos structures.
d. Area analyzed.
e. Volume of air sampled (which must
be initially supplied to lab by client).
f. Copy of the count sheet must be
included with the report.
g. Signature of laboratory official to
indicate that the laboratory met
specifications of the method.
h. Report form must contain official
laboratory identification (e.g..
letterhead).
i. Type of asbestos.
I. Quality Control/Quality Assurance
Procedures (Data Quality Indicators)
Monitoring the environment for
airborne asbestos requires the use of
sensitive sampling and analysis
procedures. Because the test is sensitive.
it may be influenced by a variety of
factors. These include the supplies used
in the sampling operation, the
performance of the sampling, the
preparation of the grid from the filter
and the actual examination of this grid
in the microscope. Each of these unit
operations must produce a product of
defined quality if the analytical result is
to be a reliable and meaningful test
result. Accordingly, a series of control
checks and reference standards are to
be performed along with the sample
analysis as indicators that the materials
used are adequate and the operations
are within acceptable limits. In this way.
the quality of the data is defined and the
results are of known value. These
checks and tests also provide timely and
specific warning of any problems which
might develop within the sampling and
analysis operations. A description of
these quality control/quality assurance
procedures is summarized in the
following Table IIL
smuMCoea mm m m
-------
Federal Register / Vol. 52, No. 210 / Friday, October 30,1987 / Rules .and Regulations
41869
TABLE III—SUMMARY OF LABORATORY DATA QUALITY OBJECTIVES
Unit Operation
PC Check
Frequency
Conformance
Expectation
Sample receiving
Sample custody
Sample preparation
Sample analysis
Performance check
Calculations and
data reduction
Review of receiving report
Review of chain-of-custody record
Supplies and reagents
Grid opening m*
Special clean area monitoring
Laboratory blank
Plasma etch blank
Multiple preps (3 per sample)
System check
Alignment check
Magnification calibration with low and high
standards
ED calibration by gold standard
EDS calibration by copper line
Laboratory blank (measure of cleanliness)
Replicate counting (measure of precision)
Duplicate analysis (measure of reprodutibiliry)
Known samples of typical materials
(working standards)
Analysis of NBSSRM 1876 and/or RM 8410
(measure of accuracy and comparability)
Data entry review (data validation and measure
of completeness)
Record and verify ED electron diffraction pattern
of structure
Hand calculation of automated data reduction
procedure or independent fynkT^HTKm of hand*
Each sample
Each sample
On receipt
20 openings/20 grids/lot
of 1000 or 1 opening/sample
After cleaning or service
1 per prep series or 10%
1 per 20 samples
Each sample
Each day
Each day
Each month or after service
Weekly
Daily
Prep 1 per series or 10%
read 1 per 25 samples
1 per 100 samples
1 per 100 samples
Training and for com-
parison wuh unknowns
1 per analyst per year
Each sample
i per 5 samples
1 per 100 samples
95% complete
95% complete
Meet specs, or reject
100%
Meet specs or reclean
Meet specs, or
reanalyze series
75%
One with cover of 15
complete grid sqs.
Each day
Each day
95%
95%
95%
Meet specs or
reanalyze series
1.5 x Poisson Sid. Dev.
2 x Poisson Sid. Dev.
100%
1.5 x Poisson SuL Dev.
95%
80% accuracy
85%
BNJUNO COOC tMO-fO-C
-------
41870 Federal Register / Vol. 52. No. 210 / Friday, October 30. 1987 / Rules and Regulations
1. When the samples arrive at the
laboratory, check the samples and
documentation for completeness and
requirements before initiating the.
analysis.
2. Check all laboratory reagents and
supplies for acceptable asbestos
background levels.
3. Conduct all sample preparation in u
clean room environment monitored by
laboratory blanks. Testing with blanks
must also be done after cleaning or
servicing the room.
4. Prepare multiple grids of each
sample.
5. Provide laboratory blanks with
each sample batch. Maintain a
cumulative average of these results. If
there are more than 53 fibers/mm * per
10 20O-mesh grid openings, the system
must be checked for possible sources of
contamination.
6. Perform a system chbck on the
transmission electron microscope daily.
7. Make periodic performance checks
of magnification, electron diffraction
and energy dispersive X-ray systems as
set forth in Table III under Unit ILL
8. Ensure qualified operator
.performance by evaluation of replicate
'analysis and standard sample
comparisons as set forth in Table III
under Unit ILL
9. Validate all data entries.
10. Recalculate a percentage of all
computations and'automatic data
reduction steps as specified in Table III
I under Unit ILL
j 11. Record an electron diffraction
< pattern of one asbestos structure from
j every five samples that contain
; asbestos. Verify the identification of tha
pattern by measurement or comparison
of the pattern with patterns collected
from standards under the same
conditions. The records must also
[demonstrate that the identification of
ithe pattern has been verified by a
qualified individual and that the
operator who made the identification U
maintaining at least an 80 percent
correct visual identification based on his
measured patterns.
12. Appropriate logs or records must
be maintained by the analytical
laboratory verifying that it is in
compliance with the mandatory quality
assurance procedure*.
]. Reference*
For additional background
information on this method, the
following references should be
consulted.
1. "Guidance for Controlling
Asbestos-Containing Materials in
Buildings," EPA 580/5-85-024. June 1965.
2. "Measuring Airborne Asbestos
Following an Abatement Action."
USEPA. Office of Toxic Substances.
EPA 600/4-65-049.1985.
3. Small. John and E. Steel. Asbestos
Standards: Materials and Analytical
Methods. NJ3.S. Special Publication 619.
1982.
4. Campbell. W.J.. TLL Blake. UL
Brown. ELE. Gather, and J.J. Sjoberg.
Selected Silicate Minerals and Their
Asbestiform Varieties. Information
Circular 8751. U.S. Bureau of Mines.
1977.
5. Quality Assurance Handbook for
Air Pollution Measurement System.
Ambient Air Methods. EPA 600/4-77-
027a. USEPA. Office of Research and
Development. 1977.
6. Method 2A: Direct Measurement of
Gas Volume through Pipes and Small
Ducts. 40 CFR Part 60 Appendix A.
7. Burdette. G.J.. Health & Safety Exec.
Research & Lab. Services Div., London.
"Proposed Analytical Method for
Determination of Asbestos in Air."
a Chat Held. E.].. Cha (field Tech.
Cons.. Ltd.. Clark. T.. PE1 Assoc^
"Standard Operating Procedure for
Determination of Airborne Asbestos
Fibers by Transmission Electron
Microscopy Using Polycarbonate
Membrane Filters." WERL SOP 87-1.
March S. 1987.
9. NIOSH Method 7402 for Asbestos
Fibers. 12-11-68 Draft.
10. Yamale. G.. Agarwall. S.C..
Gibbons. R.D.. I IT Research Institute.
"Methodology for the Measurement of
Airborne Asbestos by Electron
Microscopy." Draft report USEPA
Contract 66-02-3268, July 1984.
11. "Guidance to the Preparation of
Quality Assurance Project Plans."
USEPA. Office of Toxic Substances.
1984.
///. Nonmandatory Transmission
Electron Microscopy Method
A. Definitions of Terms
1. "Analytical sensitivity"—Airborne
asbestos concentration represented by
each fiber counted under the electron
microscope. It is determined by the air
volume collected and the proportion of
the filter examined. This method
requires that the analytical sensitivity
be no greater than (LOOS s/cm*.
2. "Asbestiform"—A specific type of
mineral Porosity in which the fibers and
fibrils possess high tensile strength and
flexibility.
3. "Aspect ratio"—A ratio of the
length to the width of a particle.
Minimum aspect ratio as defined by this
method is equal to or greater than 5rL
4. "Bundle"—A structure composed of
three or more fibers in a parallel
arrangement with each fiber closer than
one fiber diameter.
5. "Clean area"—A controlled
environment which is maintained and
monitored to assure a low probability of
asbestos contamination to materials in .
that space. Clean areas used in this
method have HEPA filtered air under
positive pressure and are capable of
sustained operation with an open
laboratory blank which on subsequent
analysis has an average of less than 18
structures/mm* in an area of 0.057 mm*
(nominally 10 200 mesh grid openings)
and a maximum of 53 structures/mm* ..
for no more than one single preparation
for that same area.
6. "Cluster"—A structure with fibers
in a random arrangement such that all
fibers are intermixed and no single fiber
is isolated from the group. Groupings
must have more than two intersections.
7. "ED"—Electron diffraction.
8. "EDXA"—Energy dispersive X-ray
analysis.
9. "Fiber"—A structure greater than or
equal to 0.5 urn in length with an aspect
ratio (length to width) of 5:1 or greater
and having substantially parallel sides.
10. "Grid"—An open structure for
mounting on the sample to aid in its
examination in the TEM. The term is
used here to denote a 200-mesh copper
lattice approximately 3 mm in diameter.
11. "Intersection"—Nonparallel
touching or crossing of fibers, with the
projection having an aspect ratio of 5:1
or greater.
12. "Laboratory sample
coordinator"—That person responsible
for the conduct of sample handling and
the certification of the testing
procedures.
13. "Filter background level"—The
concentration of structures per square
millimeter of filter that is considered
indistinguishable from the concentration
measured on blanks (filters through
which no air has been drawn). For this
method the filter background level is
defined as 70 structures/mm1.
14. "Matrix"—Fiber or fibers with one
end free and the other end embedded in
or hidden by a particulate. The exposed
fiber must meet the fiber definition.
15. "NSD"—No structure detected,
16. "Operator"—A person responsible
for the TEM instrumental analysis of the
sample.
17. "PCM"—Phase contrast
microscopy.
18. "SAED"—Selected area electron
diffraction.
19. "SEM"—Scanning electron
microscope.
20. "STEM"—Scanning transmission
electron microscope.
21. "Structure"—a microscopic
bundle, cluster, fiber, or matrix which
may contain asbestos.
-------
Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations 41871
22. "S/cm*"—Structures per cubic
centimeter.
"S/mmf"—Structures per square
ter.
. TEM"—Transmission electron
Biicraecope.
B. Sampling
1. Sampling operations must be
performed by qualified individuals
completely independent of the
abatement contractor to avoid possible
conflict of interest (See References 1.2,
and 5 of Unit DLL) Special precautions
should be taken to avoid contamination
yf the sample. For example, materials
that have not been prescreened for their
asbestos background content should not
be used; also, sample handling
procedures which do not take cross
contamination possibilities into account
should not be used.
2. Material and supply checks for
asbestos contamination should be made
on all critical supplies, reagents, and
procedures before their use in a
monitoring study.
3. Quality control and quality
assurance steps are needed to identify
problem areas and isolate the cause of
the contamination (see Reference 5 of
Unit DLL). Control checks shall be
permanently recorded to document the
quality of the information produced. The
sampling firm must have written quality
control procedures and document*
which verify compliance. Independent
audits by a qualified consultant or firm
should be performed once a year. All
documentation of compliance should be
retained indefinitely to provide a
guarantee of quality. A summary of
Sample Data Quality Objectives is
shown in Table 0 of Unit ILB.
4. Sampling materials.
a. Sample for airborne asbestos
following an abatement action using
commercially available cassettes.
b. Use either a cowling or a filler-
retaining middle piece. Conductive
material may reduce the potential for
particulates to adhere to the walls of the
cowL
c. Cassettes must be verified as
"dean" prior to use in the field. If
packaged filters are used for loading or
preloaded cassettes are purchased from
the manufacturer or a distributor, the
manufacturer's name and lot number
should be entered on all field data
sheets provided to the laboratory, and
are required to be listed on all reports
from the laboratory.
d. Assemble the cassettes in a clean
facility (See definition of clean area
under Unit 111.A.).
e. Reloading of used cassettes is not '
permitted.
f. Use sample collection filters which
are either polycarbonate having a pore
size of less than or equal to 0.4 M-m or
mixed cellulose ester having a pore size
of less than or equal to 0.45 ^m.
g. Place these filters in series with a
backup filter with a pore size of 5.0 >un
(to serve as a diffuser) and a support
pad. See the following Figure 1:
-------
41872 Federal Regi: ?r / Vol. 52. No. 210 / Friday. October 30.1987 / Rules and Regulation*
FIGURE I—SAMPLING CASSETTE CONFIGURATION
Inlet Plug
Cassette Cap
Extension Cowl
or
Retainer Ring
0.4 jim pore PC filter or
0.45 \im pore MCE filter
^ 5 nm MCE Diffaserj
Support Pad
Base
^ Outlet PluJ]
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations 41873
h. When polycarbonate filters are
«position the highly reflective face
hat the incoming paniculate is
ed on this surface.
>al the cassettes to prevent
leakage around the filter edges or
between cassette part joints. A
mechanical press may be useful to
achieve a reproducible leak-free seal.
Shrink fit gel-bands may be used for this
purpose and are available from filter
manufacturers and their authorized
distributors.
J. Use wrinkle-free loaded cassettes in
the sampling operation.
5. Pump setup.
a. Calibrate the sampling pump over
the range of flow rates and loads
anticipated for the monitoring period
with this flow measuring device in
series. Perform this calibration using
guidance from EPA Method 2A each
time the unit is sent to the field (See
Reference 6 of Unit IIU-).
b. Configure the sampling system to
preclude pump vibrations from being
transmitted to the cassette by using a
sampling stand separate from the pump
station and making connections with
flexible tubing.
c. Maintain continuous smooth flow
conditions by damping out any pump
action fluctuations if necessary.
d. Check the sampling system for
leaks with the end cap still in place and
the pump operating before initiating
sample collection. Trace and stop the
source of any flow indicated by the
flowmeter under these conditions.
e. Select an appropriate flow rate
equal to or greater than 1 L/min or less
than 10 L/min for 25 mm cassettes.
Larger filters may be operated at
proportionally higher flow rates..
f. Orient the cassette downward at
approximately 45 degrees from the
horizontal.
g. Maintain a log of all pertinent
sampling information, such as pump
identification number, calibration data.
sample location, date, sample
identification number, flow rates at the
beginning, middle, and end, start and
stop times, and other useful information
or comments. Use of a sampling log form
is recommended. See the following
Figure 2:
KLUNQ COOC M40-M-M
-------
41874 Federal Register / Vol. 52. No. 210 / Friday. October 30.1987 / Rules and Regulations
FIGURE 2--SAMPLING LOG FORM
Sample . Pump Start Middle End plow
Numoer Location of Sample I.D. Tune Time Time Rate
•
.
-------
Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations 41875
h. Initiate a chain of custody
procedure at the start of each sampling.
if &J&IS requested by the client.
j^Bintain a close check of all aspects
otVRamplinr operation on a regular
basis.
j. Continue sampling until at least the
minimum volume is collected, as
specified in the following Table I:
MXMO COOC 1440-&0-M
-------
41876 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
TABLE 1—NUMBER OF 200 MESH EM GRID OPENINGS
(0.0057 MM2) THAT NEED TO BE ANALYZED TO
MAINTAIN SENSITIVITY OF 0.005.STRUCTURES/CC
BASED ON VOLUME AND EFFECTIVE FILTER AREA
Effective Finer Area
385 sq mm
1
1
Recommended
Volume
Range
1
1
Volume llrters
560
600
700
800
900
1.000
1.100
1,200
1,300
1,400
1,500
1,600
1.700
1,800
1.900
2.000
2.100
2.200
2.300
2.400
2.500
2.600
2.700
2.800
2.900
3,000
3.100
3.200
3.300
3.400
3.500
3.600
3.700
3.800
# of qrid openings
24
23
19
17
15
14
12
1 1
1 0
1 0
9
8
8
8
7
7
6
6
6
6
5
5
5
5
5
5
4
4
4
4
4
4
4
4
Effective Fifter Area
855 so mm
Volume (liters
1,250
1.300
1.400
1.600
1.800
2.000
2.200
2.400
2.600
2.800
3,000
3,200
3,400
3,600
3,800
4,000
4.200
4.400
4.600
4.800
5.000
5.200
5.400
5.600
5.800
6.000
6.200
6.400
6.600
6,600
7.000
7.200
7.400
7.600
* of arid openina
24
23
21
19
17
15
14
13
12
1 1
10
9
9
8
8
8
7
7
7
6
6
6
6
5
5
5
5
5
5
4
4
4
4
4
I
|
Recommended
Volume
Range
I
1
i
Note minimum vofcrnes required:
25mm : 560 Hers
37mm : 1250 Hers
dfemetor of 25 mm . •flecttv* area ol 385 tq mm
RRef dtameter of 37 mm • eflecttvt area of 855 aq mm
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•
Federal Register / Vol. 52. No. 21C iay, October 30. 1987 / Rules and Regulations 41877
k. At the conclusion of sampling, turn
thejassette upward before stopping the
minimize possible particle loss.
ing is resumed, restart the
flow before reorienting the cassette
downward. Note the condition of the
filter at the conclusion of sampling.
1. Double check to see that all
information has been recorded on the
data collection forms and that the
cassette is securely closed and
appropriately identified using a
waterproof label. Protect cassettes in
individual clean reseated polyethylene
bags. Bags are to be used for storing
cassette caps when they are removed
for sampling purposes. Caps and plugs
should only be removed or replaced
using clean hands or clean disposable
plastic gloves.
m. Do not change containers if
portions of these filters are taken for
other purposes.
6. Minimum sample number per site. A
minimum of 13 samples are to be
collected for each testing consisting of
the following:
a. A minimum of five samples per
abatement area.
b. A minimum of five samples per
ambient area positioned at locations
representative of the air entering the
abatement site.
field blanks are to be taken by
the cap for not more than 30
sec and replacing it at the time of
sampling before sampling is initiated at
the following places:
L Near the entrance to each ambient
area.
il. At one of the ambient sites.
(NoU: Do not leave the blank open during
u.c Mmpjing period.)
d. A sealed blank is to be earned with
each sample set. This representative
cassette is not to be opened in the field.
7. Abatement area sampling.
a. Conduct final clearance sampling
only after the primary containment
barriers have been removed; the
abatement area has been thoroughly
dried- and. It has passed visual
inspection tests by qualified personnel
(See Reference 1 of Unit HLL.J
b. Containment barrier* over
windows, doors, and air passageways
must remain in place until the TEM
d< -ance sampling and analysis is
cr ieted and results meet clearance
te Jiteria. The final plastic barrier
regains in place for the sampling period
c. Select sampling sites in the
abatement area on a random basil to
unbiased and representative
the area has passed a
thorough visual inspection, use
aggressive s ng conditions to
dislodge any aining dust.
i. Equipme- ?ed in aggressive
sampling su . a a leaf blower and/or .
fan should i roperiy cleaned and
decontamina. -. d before use.
ii. Air filtration units shall remain on
during the air monitoring period.
iii. Prior to air monitoring, floors,
ceiling and walls shall be swept with the
exhaust of a minimum one (1)
horsepower leaf blower.
iv. Stationary fans are placed in
locations which will not interfere with
air monitoring equipment Fan air is
directed toward the ceiling. One fan
shall be used for each 10.000 ft * of
.worksite.
v. Monitoring of an abatement work
area with high-volume pumps and the
use of circulating fans will require
electrical power. Electrical outlets in the
abatement area may be used if
available. If no such outlets are
available, the equipment must be
supplied with electricity by the use of
extension cords and strip plug units. All
electrical power supply equipment of
this type must be approved Underwriter
Laboratory equipment that has not been
modified. All wiring must be grounded.
Ground fault interrupters should be
used. Extreme care must be taken to
clean up any residual water and ensure
that electrical equipment does not
become wet while operational.
vi. Low volume pumps may be
carefully wrapped In ft-mil polyethylene
to insulate the pump from the air. High
volume pumps cannot be sealed in this
manner since the heat of the motor may
melt the plastic. The pump exhausts
should be kept free.
vii. If recleaning is necessary, removal
of this equipment from the work area.
must be handled with care. It Irnot
possible to completely decontaminate
the pump motor and parts since these
areas cannot be wetted. To minimize
any problems m this area, all equipment
such as fans and pumps should be
carefully wet wiped prior to removal
from the abatement area. Wrapping and
sealing low volume pumps in fr-mil
polyethylene will provide easier
decontamination of this equipment Use
of clean water and disposable wipe*
should be available for this purpose.
e. Pump flow rate equal to or greater
than 1 L/min or less than 10 L/min may
be used for 25 mm cassettes. The larger
cassette diameters may have
comparably increased flow.
f. Sample a volume of air sufficient to
ensure the minimum quantitation limits.
(See Table I of Unit IILR5.J.)
8. Ambient sampling.
a. Position ambient samplers at
locations representative of the air
entering the abatement site. If makeup
air entering the abatement site is drawn
from another area of the building which
is outside of the abatement area, place
the pumps in the building, pumps should
be placed out of doors located near the
builc 3 and away from any
obst: .rations that may influence wind
patterns. If construction is in progress
immediately outside the enclosure, it
may be necessary to select another
ambient site. Samples should be
representative of any air entering the
work site.
b. Locate the ambient samplers at
least 3 ft apart and protect them from
adverse weather conditions.
c. Sample same volume of air as
samples taken inside the abatement site.
C. Sample Shipment
1. Ship bulk samples in a separate
container from air samples. Bulk
samples and air samples delivered to
the analytical laboratory in the same
container shall be rejected.
2. Select a rigid shipping container
and pack the cassettes upright in a
noncontaminating nonfibrous medium
such as a bubble pack. The use of
resealable polyethylene bags may help
to prevent jostling of individual
cassettes.
3. Avoid using expanded polystyrene
because of its static charge potential. .
Also avoid using particle-based
packaging materials because of possible
contamination.
4. Include a shipping bill and a
detailed listing of samples shipped, their
descriptions and all identifying numbers
or marks, sampling data, shipper's name,
and contact information. For each
sample set. designate which are the
ambient'samples, which are the
abatement area samples, which are the..
field blanks, and which is the sealed
blank if sequential analysis Is to be
performed.
S. Hand-carry samples to the
laboratory in an upright position if
possible: otherwise choose that mode of
importation least likely to jar the
.amples in transit
8. Address the package to the
laboratory sample coordinator by name
when known and alert him or her of the
package description, shipment mode,
and anticipated arrival as part of the
chain of custody and sample tracking
procedures. This will also help the
laboratory schedule timely analysis for
the samples when they are received.
0. Quality Control/Quality Assurance
Procedures (Data Quality Indicators)
Monitoring the environment for
airborne asbestos requires the use of
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41878 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
sensitive sampling and analysis
procedures. Because the test is sensitive.
it may be influenced by a variety of
factors. These include the supplies used
in the sampling operation, the
performance of the sampling, the
preparation of the grid from the filter
and the actual examination of this grid
in the microscope. Each of these unit
operations must produce u product of
defined quality if the analytical result is
to be a reliable and meaningful test
result Accordingly, a series of control
checks and reference standards is
performed along with the sample
analysis as indicators that the materials
used are adequate and the operations
are within acceptable limits. In this way.
the quality of the data is defined, and
the results are of known value. These
checks and tests also provide timely and
specific warning of any problems which
might develop within the sampling and
analysis operations. A description of
these quality control/quality assurance
procedures is summarized in the text
below.
1. Prescreen the loaded cassette
collection filters to assure that they do
not contain concentrations of asbestos
which may interfere with the analysis of
the sample. A filter blank average of
less than 18 a/mm* in an area of 0.057
mm* (nominally 10 200-mesh grid
openings) and a maximum of 53 s/mm1
for that same area for any single
preparation is acceptable for this
method.
2. Calibrate sampling pumps and their
flow indicators over the range of their
intended use with • recognized
standard. Assemble the sampling
system with a representative filter—not
the filter which will be used In
sampling—before and after the sampling
operation.
3. Record all calibration information
with the data to be used on a standard
sampling form.
• 4. Ensure that the samples are stored
in a secure and representative location.
5. Ensure that mechanical calibrations
from the pump will be minimized to
prevent transferral of vibration to the
cassette.
6. Ensure that a continuous smooth
flow of negative pressure is delivered by
the pump by installing a damping
chamber if necessary.
7. Open a loaded cassette
momentarily at one of the indoor
sampling sites when sampling is
initiated. This sample will serve as an
indoor field blank.
8. Open a loaded cassette
momentarily at one of the outdoor
sampling sites when sampling is
initiated. This sample will serve as an
outdoor field blank.
9. Carry a sealed blank into the field
with each sample series. Do not open
this cassette in the field.
10. Perform a leak check of the
sampling system at each indoor and
outdoor sampling site by activating the
pump with the dosed sampling cassette
in line. Any flow indicates a leak which
must be eliminated before initiating the
sampling operation.
11. Ensure that the sampler is turned
upright before interrupting the pump
flow.
12. Check that all samples are clearly
labeled and mat all pertinent
information has been enclosed before
transfer of the samples to the
laboratory.
E. Sample Receiving
1. Designate one individual as sample
coordinator at the laboratory. While that
individual will normally be available to
receive samples, the coordinator may
train and supervise others in receiving
procedures for those times when he/she
is not available.
2. Adhere to the following procedures
to ensure both the continued chain-of-
custody and the accountability of all
samples passing through the laboratory:
a. Note the condition of the shipping
package and data written on it upon
receipt.
b. Retain all bills of lading or shipping
slips to document the shipper and
delivery time.
c. Examine the chain-of-oistody seal.
if any. and the package for its integrity.
d. If there has been a break in the seal
or substantive damage to the package.
the sample coordinator shall
immediately notify the shipper and a
responsible laboratory manager before
any action is taken to unpack the
shipment.
e..Packages with significant damage
shall be accepted only by the
responsible laboratory manager after
discussions with the client.
3. Unwrap the shipment in a clean.
uncluttered facility. The sample
coordinator or his or her designee will
record the contents, including a
description of each item and all
identifying numbers or marks. A Sample
Receiving Form to document this
information is attached for use when
necessary. (See the following Figure 3.\
BIUJMO COOC »MO-M-M
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Federal Register / Vol. 52, No. 210 / Friday. October 30. 1987 / Rules and Regulations
41879
FIGURE 3—SAMPLE RECEIVING FORM
Date of package delivery
Carrier
*Condition of package on receipt.
'Condition of custody seal
Number of samples received.
Purchase Order No.
Comments
Description
1
2
3
Package shipped from.
Shipping bill retained .
Shipping manifest attached
Project I.D.
Sampling
Medium
Sampled
Volume
5
6
7
8 _
9
10
11
12
13
(Use as many additional sheets as needed.)
Comments ^^_^_^__^_^^^^__^_^_
Receiving
MCE Liters ID«
Date of acceptance into sample bank
Signature of chain-of-custody recipient.
rition of samples
If the package has sustained sufasuntial dvnage or the custody teal a broken, aop and contact the project
lager and the shipper.
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41880
Federal Register / Vol. S2. No. 210 / Friday. October 30. 1987 / Rules and Regulations
Note.—The person breaking the chain-of-
custody seal and itemizing the contents
assumes responsibility for the shipment and
signs documents accordingly.
4. Assign a laboratory number and
schedule an analysis sequence.
5. Manage all chain-of-custody
samples within the laboratory such that
their integrity can be ensured and
documented.
F. Sample Preparation
1. Personnel not affiliated with UM
Abatement Contractor shall be used to
prepare samples and conduct TEM
analysis. Wet-wipe the exterior of the
cassettes to minimize contamination
possibilities before taking them to the
clean sample preparation facility.
2. Perform sample preparation in a
well-equipped clean facility.
Note.—The clean area it required to have
the following minimum characteristic*. Th«
area or hood must be capable of maintaining
a positive pressure with make-up air being
HEPA filtered. The cumulative analytical
blank concentration rmist avenge less than
18 s/mm* in an area of 0.057 a/mm'
(nominally 10 200-mesh grid openings) with
no more than one single preparation to
exceed 53 s/mm* for that same area.
3. Preparation areas for air samples
must be separated from preparation
areas for bulk samples. Personnel must
not prepare air samples if they have
previously been preparing bulk samples
without performing appropriate personal
hygiene procedures, i.e., clothing change.
showering, etc.
4. Preparation. Direct preparation
techniques are required. The objective Is
to produce an intact carbon Him
containing the particulates from tha
filter surface which is sufficiently clear
for TEM analysis. Currently
recommended direct preparation
procedures for polycarbonate (PC) and
mixed cellulose ester (MCE) filters are
described in Unit 1II.F.7. and 8. Sample
preparation is a subject requiring
additional research. Variation on those
steps which do not substantively change
the procedure, which improve filter
clearing or which reduce contamination
problems in a laboratory are permitted.
a. Use only TEM grids that have had
grid opening areas measured according
to directions in Unit III.].
b. Remove the inlet and outlet plugs
prior to opening the cassette to minima*
any pressure differential that may be
present.
a Examples of techniques used to
prepare polycarbonate filters are
described in Unit m.F.7.
d Examples of techniques used to
prepare mixed cellulose ester filter* an
described in Unit IILF.&
e. Prepare multiple grids for each
sample.
f. Store the three grids to be measured
in appropriately labeled grid holders or
polyethylene capsules.
8. Equipment.
a. Clean area.
b. Tweezers. Pine-point tweezers for
handling of filters and TEM grids.
c. Scalpel Holder and Curved No. 10
Surgical Blades.
d Microscope slides.
e. Double-coated adhesive tape.
f. Gummed page reinforcements.
g. Micro-pipet with disposal tips 10 to
100 \tL variable volume.
h. Vacuum coating unit with facilities
for evaporation of carbon. Use of *
liquid nitrogen cold trap above the
diffusion pump will minimize the
possibility of contamination of the filter
surface by oil from the pumping system.
The vacuum-coating unit can also be
used for deposition of a thin film of gold.
i. Carbon rod electrodes.
Spectrochemically pure carbon rods are
required for use in the vacuum
evaporator for carbon coating of filters.
j. Carbon rod sharpener. This is used
to sharpen carbon rods to a neck. The
use of necked carbon rods (or
equivalent) allows the carbon to be
applied to the filters with a minimum of
heating.
k. Low-temperature plasma asher.
This is used to etch the surface of
collapsed mixed cellulose ester (MCE)
filters. The asher should be supplied
with oxygen, and should be modified as
necessary to provide a throttle or bleed
valve to control the speed of the vacuum
to minimize disturbance of the filter.
Some early models of ashers admit air
too rapidly, which may disturb
particulates on the surface of the filter
during the etching step.
1. Class petri dishes, 10 cm in
diameter. 1 cm high. For prevention of
excessive evaporation of solvent when
these are in use. a good seal must be
provided between the base and the lid
The seal can be improved by grinding
the base and lid together with an
abrasive grinding material
m. Stainless steel mesh.
n. Lens tissue.
o. Copper 200-mesh TEM grids. 3 mm
in diameter, or equivalent
p. Cold 200-mesh TEM grids. 3 mm in
diameter, or equivalent
q. Condensation washer.
r. Carbon-coated. 200-mesh TEM
grid*, or equivalent.
s. Analytical balance. 0.1 mg
sensitivity.
t Filter paper. 9 cm in diameter.
u. Oven or slide warmer. Must be
capable of maintaining a temperature of
85-70'C.
v. Polyurethane foam. 8 mm thickness.
w. Gold wire for evaporation.
6. Reagents.
a. General. A supply of ultra-clean.
fiber-free water must be available for
washing of all components used in the
analysis. Water that has been distilled
in glass or filtered or deionized water is
satisfactory for this purpose. Reagents
must be fiber-free.
b. Polycarbonate preparation
method—chloroform.
c. Mixed Cellulose Ester (MCE)
preparation method—acetone or the
Burdctte procedure (Ref. 7 of Unit I1I.L).
7. TEM specimen preparation from
polycarbonate filters.
a. Specimen preparation laboratory. It
is most important to ensure that
contamination of TEM specimens by
extraneous asbestos fibers is minimized
during preparation.
b. Cleaning of sample cassette;,. Upon
receipt at the analytical laboratory and
before they are taken into the clean
facility or laminar flow hood, the sample
cassettes must be cleaned of any
contamination adhering to the outside
surfaces.
c. Preparation of the carbon
evaporator. If the polycarbonate filter
has already been carbon-coated prior to
receipt, the carbon coating step will be
omitted, unless the analyst believes the
carbon film is too thin. If there is a need
to apply more carbon, the filter wiH.be
treated in the same way as an uncoated
filter. Carbon coating must be performed
with a high-vacuum coating unit. Units
that are based on evaporation of carbon
filaments in a vacuum generated only by
an oil rotary pump have not been
evaluated for this application, and must
not be used. The carbon rods should be
sharpened by a carbon rod sharpener to
necks of about 4 mm long and 1 mm in
diameter. The rods are installed in the
evaporator in such a manner that the
points are approximately 10 to 12 cm
from the surface of a microscope slide
held in the rotating and tilting device.
d. Selection of filter area for carbon
coating. Before preparation of the filters.
a 75 mm x SO mm, microscope slide is
washed and dried This slide is used to
support strips of filter during the carbon
evaporation. Two parallel strips of
double-sided adhesive tape are applied
along the length of the slide.
Polycarbonate filters are easily
stretched during handling, and cutting of
areas for further preparation must be
performed with great care. The filter and
the MCE backing filter are removed
together from the cassette and placed on
a cleaned glass microscope slide. The
filter can be cut with a curved scalpel
blade by rocking the blade from the
-------
Federal Register / Vol. 52. No. 210 / Friday. October 30. 1967 / Rules and Regulations 41881
point placed in contact with the filter.
process can be repeated to cut a
approximately 3 mm wide across
diameter of the filter. The strip of
polycarbonate filter is separated from
the corresponding strip of backing filter
and carefully placed so that it bridges
the gap between the adhesive tape strips
on the microscope slide. The filter strip
can be held with fine-point tweezers and
supported underneath by the scalpel
blade during placement on the
microscope slide. The analyst can place
several such strips on the same
microscope slide, taking care to rinse
and wet-wipe the scalpel blade and
tweezers before handling a new sample.
The filter strips should be identified by
etching the glass slide or marking the
slide using a marker insoluble in water
and solvents. AfUrr tfce filter strip KM
been cut from each filler, the residua?
parts of the filter must be returned to the
cassette and held in position by
reassembly of the cassette. The cassette
will then be archived for a period of 30
days or returned to the client upon
request.
e. Carbon coating of filter strips. The
glass slide holding the filter strips is
placed on the rotation-tilting device, and
the evaporator chamber is evacuated.
^^0^1^ must be performed in
hort bursts, separated by some
ds to allow the electrodes to cool.
If evaporation is too rapid, the strips of
polycarbonate filter will begin to curl
which will lead to cross-linking of the
surface material and make it relatively
insoluble in chloroform. An experienced
analyst can judge the thickness of
carbon film to be applied, and some test
should be made first on unused fillers. If
the film is too thin, large particles will
be lost from the TEM specimen, and
there will be few complete and
undamaged grid openings on the
specimen. If the coating is too thick, the
filter will tend to curl when exposed to
chloroform vapor and the carbon film
may not adhere to the support mesh.
Too thick a carbon film will also lead to
a TEM image that is lacking in contrast,
and the ability to obtain ED patterns
will be compromised. The carbon Rim
should be as thin as possible and remain
intact on most of the grid openings of
the TEM specimen intact
f. Preparation of the Jaffe washer. The
precise design of the Jaffe washer is not
considered important so any one of the
published designs may be used. A
washer consisting of a simple stainless
steel bridge is recommended. Several
Kf lens tissue approximately 1.0
on are placed on the stainless
dge. and the washer is filled
with chloroform to • level where the
meniscus contacts the underside of the
mesh, which results in saturation of the
lens tissue. Sec References 8 and 10 of
UnitULL
g. Placing of specimens into the Jaffe
washer. The TEM grids are first placed
on a piece of lens tissue so that
individual grids can be picked up with
tweezers. Using a curved scalpel blade.
the analyst excises three 3 mm square
pieces of the carbon-coated
polycarbonate filter from the filter strip.
The three squares are selected from the
center of the strip and from two points
between the outer periphery of the
active surface and the center. The piece
of filter is placed on a TEM specimen
grid with the shiny side of the TEM grid
facing upwards, and the whole assembly
is placed boldly onto the saturated lens
tissue in the Jaffe washer. If carbon-
coated grids are used, the filter should
be placed carbon-coated side down. The
three excised squares of filters are
placed on the same piece of lens tissue.
Any number of separate pieces of lens
tissue may be placed in the same Jaffe
washer. The lid is then placed on the
Jaffe washer, and the system is allowed
to stand for several hours, preferably
overnight.
h. Condensation washing. It has been
found that many polycarbonate filters
will not dissolve completely in the Jaffe
washer, even after being exposed to
chloroform for as long as 3 days. This
problem becomes more serious if the
surface of the filter was overheated
during the carbon evaporation. The
presence of undissolved filter medium
on the TEM preparation leads to partial
or complete obscuration of areas of the
sample, and fibers that may be present
in these areas of the specimen will be
overlooked: this will lead to a low result.
Undissolved filter medium also
compromises the ability to obtain EL)
patterns. Before they are counted. TEM
grids must be examined critically to
determine whether they are adequately
cleared of residual filter medium. It has
been found that condensation washing
of the grids after the initial Jaffe washer
treatment, with chloroform as the
solvent clears all residual filter medium
in a period of approximately 1 hour. In
practice, the piece of lens tissue
supporting the specimen grids is
transferred to the cold finger of the
condensation washer, and the washer is
operated for about 1 hour. If the
specimens are cleared satisfactorily by
the Jaffe washer alone, the condensation
washer step may be unnecessary.
8. TEM specimen preparation from
MCE filters.
t. This method of preparing TEM
specimens from MCE filters is similar to
that specified in NIOSH Method 7402.
See References 7, 8. and 9.of Unit III.L
b. Upon receipt at the analytical '
laboratory, the sample cassettes must be
cleaned of any contamination adhering
to the outside surfaces before entering
the clean sample preparation area.
c. Remove a section from any
quadrant of the sample and blank filters.
d. Place the section on a clean
microscope slide. Affix the filter section
to the slide with a gummed paged
reinforcement or other suitable means. .
Label the slide with a water and
solvent-proof marking pen.
e. Place the slide in a petri dish which
contains several paper filters soaked
with 2 to 3 mL acetone. Cover the dish.
Wait 2 to 4 minutes for the sample filter
to fuse and clear.
f. Plasma etching of the collapsed
filter is required.
i. The microscope slide to which the
collapsed filter pieces are attached is
placed in a plasma asher. Because
plasma ashers vary greatly in their
performance, both from unit to unit and
between different positions in the asher
chamber, it is difficult to specify the
conditions that should be used. This is
.one area of the method that requires
further evaluation. Insufficient etching
will result in a failure to expose
embedded filters, and too much etching
may result in loss of particulate from the
surface. As an interim measure, it is
recommended that the time for ashing of
a known weight of a collapsed filter be
established and that the'etching rate be
calculated in terms of micrometers per
second. The actual etching time used for
a particular asher and operating
conditions will then be set such that a 1-
2 pm (10 percent) layer of collapsed
surface will be removed.
ii. Place the slide containing the
collapsed filters into a low-temperature
plasma asher, and etch the filter.
g. Transfer the slide to a rotating stage
inside the bell jar of a vacuum
evaporator. Evaporate a 1 mm x 5 mm
section of graphite rod onto the cleared
filter. Remove the slide to a clean, dry.
covered petri dish.
h. Prepare a second petri dish as a
Jaffe washer with the wicking substrate
prepared from filter or lens paper placed
on top of a 6 mm thick disk of clean
spongy polyurethane foam. Cut a V-
notch on the edge of the foam and filter
paper. Use the V-notch as a reservoir for
adding solvent. The wicking substrate
should be thin enough to fit into the petri
dish without touching the lid.
i. Place carbon-coated TEM grids face
up on the filter or lens paper. Label the
grids by marking with a pencil on the-
filter paper or by putting registration
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41882 Federal Register / Vol. 52. No. 210 /Friday. October 30. 1967 / Rules and Regulations
marks on the petri dish lid and marking
with a waterproof marker on the dish
lid In a.fume hood, fill the dish with
acetone until the wicking substrate is
saturated. The level of acetone should
be just high enough to saturate the filter
paper without creating puddles.
j. Remove about a quarter section of
the carbon-coated filter samples from
the glass slides using a surgical knife
and tweezers. Carefully place the
section of the filter, carbon side down.
on the appropriately labeled grid in the
acetone-saturated petri dish. When all
filter sections have been transferred
slowly add more solvent to the wedge-
shaped trough to bring the acetone level
up to the highest possible level without
disturbing the sample preparations.
Cover the petri dish. Elevate one side of
the petri dish by placing a slide under it.
This allows drops of condensed solvent
vapors to form near the edge rather than
in the center where they would drip onto
the grid preparation.
C.TEM Method -
1. Instrumentation.
a. Use an 80-120 kV TEM capable of
performing electron diffraction with a
fluorescent screen inscribed with
calibrated gradations. If the TEM is
equipped with EDXA it must either have
a STEM attachment or be capable of
producing a spot lets than 250 run in
diameter at crossover. The microscope
shall be calibrated routinely (see Unit
IILJ.) for magnification and camera
constant
b. While not required on every
microscope in the laboratory-, the
laboratory must have either one
microscope equipped with energy
dispersive X-ray analysis or access to
an equivalent system on a TEM in
another laboratory. This must be an
Energy* Dispersive X-ray Detector
mounted on TEM column and associated
hardware/software to collect save, and
read out spectral information.
Calibration of Multi-Channel Analyzer
shall be checked regularly for Al at 1.48
KeV and Cu at &04 KeV. as well as the
manufacturer's procedures.
i. Standard replica grating may be •
used to determine magnification (e.g..
2160 lines/mm).
ii. Gold standard may be used to
determine camera constant.
c. Use a specimen holder with single
tilt and/or double tilt capabilities.
2. Procedure.
a. Start a new Count Sheet for each
sample to be analyzed. Record on count
sheet: analyst's initials and date: lab
sample number client sample number
microscope identification: magnification
for analysis: number of predetermined
grid openings to be analyzed; and grid
identification. See the following Figure
4:
cooc u»c to M
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Federal Register / Vol. 52. No. 210 / Friday. October 30, 1987 / Rules and Regulations
41883
Cram San
Instrument
Magnificat
Ace. Volu
GO
^^
iple No. __.
FIGU
Filter Type
. Filter Area .
RE 4--COUNT SHEET
| n Grid LD. .. _. Comment*
ieti
Structure
No.
w
GO
Structure
No.
Structure
Type*
Grid Openin
No. GO to t
x Analyzed ,
Length
< Sum
2 5 urn
Structure
Tvpe*
Length
< Sum
2 5 um
ED Observation
Chry*.-
Amph.
Nonasb.
Neg. ID
EDAX
]
' 1
ED Observation
Chrys.
Am ph.
Nonub.
Neg. ID
i
EDAX
•
!
1
•B • Bundle NFD • No Cben detected
C ^fjatter N • No diffraction obtained
F^Er
ncooc lisa me
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41884
Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
b. Check that the microscope is
properly aligned and calibrated
according to the manufacturer!'
specifications and instructions.
c. Microscope settings: 80-120 kV. grid
assessment 250-1000X, then 15.000-
20.000X screen magnification for
analysis.
d. Approximately one-half (0.5) of the
predetermined sample area to be
analyzed shall be performed on one
sample grid preparation and the
remaining half on a second sample grid
preparation.
e. Determine the suitability of the grid.
i. Individual grid openings with
greater than 5 percent ripenings (holes)
or covered with greater than 25 percent
participate matter or obviously having
nonuniform loading shall not be
analyzed.
ii. Examine t!,r grid ;
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Federal Register / Vol. 5- 'Jo. 210 / Friday, October 30,1987 / Rules and Regulations
41885
FIGURE 5—COUNTING GUIDELINES USED IN
DETERMINING ASBESTOS STRUCTURES
CDunt as 1 fiber; 1 Structure; no intersections.
Count as 2 fibers if space between fibers is greater than width of 1 fiber
diameter or number of intersections is equal to or less than 1.
Count as 3 structures if space between fibers is greater than width of 1 fiber
diameter or if the number of intersections is ecual to or less than 2.
Count bundles as 1 structure; 3 or more parallel fibrils less
than 1 fiber diameter separation.
-------
41886
Federal Register / Vol. 52. No. 210 / Friday, October 30.1987 / Rules and Regulations
Count clusters as 1 structure; fibers having greater than or equal to
3 intersections.
\
\
\
\
Count matrix as 1 structure.
DO NOT COUNT AS STRUCTURES:
Fiber protrusion
<5:1 Aspect Ratio
No fiber profusion
Fiber protrusion
<0.5 microneter
— <0.5 micrcrneter in length
^, <5:1 Aspect Ratio
MUM
-------
Federal Register / Vol. 52, No. 210 / Friday, October 30. 1987 / Rules and Regulations 41887
\n intersection is a non-parallel
.ouching or crossing of fibers, with the
n having an aspect ratio of 5:1
r. Combinations such as a
and cluster, matrix and bundle,
or bundle and cluster are categorized by
the dominant fiber quality—cluster.
bundle, and matrix, respectively.
Separate categories will be maintained
for fibers less than 5 jirn and for fibers
greater than or equal to 5 pm in length.
Not required, but useful, may be to
record the fiber length in 1 fim intervals.
(Identify each structure morphologically
and analyze it as it enters the
"window".)
(1) Fiber. A structure having a
minimum length greater than 0.5 p.m and
an aspect ratio (length to width) of 5:1 or
greater and substantially parallel sides.
Note the appearance of the end of the
fiber, i.e., whether it is flat, rounded or
dovetailed, no intersections.
(2) Bundle. A structure composed of 3
or more fibers in a parallel arrangement
with each fiber closer than one fiber
diameter.
(3) Cluster. A structure with fibers In a
random arrangement such that all fiber*
are intermixed and no single fiber is
Isolated from the group; groupings must
have more than 2 intersections.
[4] Matrix. Fiber or fibers with one
end free and the .other end embedded in
«den by a paniculate. The exposed
nust meet the fiber definition.
VS0. Record NSD when no
structures are detected in the field.
(6) Intersection. Non-parallel touching
or crossing of fibers, with the projection
having an aspect ratio 5:1 or greater.
ii. Structure Measurement.
(1) Recognize the structure that is to
be sized.
(2) Memorize its location in the
"window" relative to the sides,
inscribed square and to other
participates in the field so this exact
location can be found again when
scanning is resumed.
(3) Measure the structure using the
scale on the screen.
(4) Record the length category and
structure type classification on the count
sheet after the field number and fiber
number.
(5) Return the fiber to its original
location in the window and scan the rest
of the field for other fibers: if the
direct:• of travel is not remembered.
rerun -e right side of the field and
bey.- averse again.
i. dentification of Electron
Diff • ,ED) patterns ia required for
eac tos structure counted which
WOL -3e the analysis to exceed the
«im- concentration. (Generally this
the first four fibers identified as
os must exhibit an identifiable
diffraction pattern for chrysolite or
amphibole.)
i. Center the structure, focus, and
obtain an ED pattern. (See Microscope
Instruction Manual for more detailed
instructions.)
ii. From a visual examination of the
ED pattern, obtained with a short
camera length, classify the observed •
structure as belonging to one of the
following classifications: chrysolite.
amphibole. or nonasbestos.
(1) Chrysotile: The chrysolite asbestos
pattern has characteristic streaks on the
layer lines other than the central line
and some streaking also on the central
line. There will be spots of normal
sharpness on the central layer line and
on alternate lines (2nd. 4lh. etc.). The
repeat distance between layer lines is
0.53 nm and the center doublet is at 0.73
nm. The pattern should display (002).
(110), (130) diffraction maxima;
distances and geometry should match a
chrysolite pattern and be measured
semiquantitatively.
(2) Amphibole Croup (includes
grunerite (amosite), crocidolite.
anthophyllite. tremolite. and actinolite]:
Amphibole asbestos fiber patterns show
layer lines formed by very closely
spaced dots, and the repeat distance
between layer lines is also about 0.53
nm. Streaking in layer lines is
occasionally present due to crystal
structure defects.
(3) Nonasbestos: Incomplete or
unobtainable ED patterns, a
nonasbestos EDXA, or a nonasbestos
morphology.
iii. The micrograph number of the
recorded diffraction patterns must be
reported to the client and maintained in
the laboratory's quality assurance
records. The records must also
demonstrate that the identification of
the pattern has been verified by a
qualified individual and that the
operator who made the identification is
maintaining at least an 80 percent
correct visual identification based on his
measured paltems. In the event that
examination of the pattern by the
qualified individual indicates that the
pattern had been misidentified visually,
the client shall be contacted. If the
pattern is a suspected chrysotile. take a
photograph of the diffraction pattern at 0
degrees tilt If the structure is suspected
to be amphibole, the sample may have
to be tilted to obtain a simple geometric
array of spots.
f. Energy Dispersive X-Ray Analysis
_[EPXA).
L Required of all amphiboles which
would cause the analysis results to
exceed the 70 (/mm* concentration.
(Generally speaking, the first 4
amphiboies would require EDXA.)
ii. Can be used alone to confirm
chrysotile after the 70 s/mrn*
concentration has been exceeded.
iii. Can be used alone to confirm ail
nonasbestos.
iv. Compare spectrum profiles with
profiles obtained from asbestos
standards. The closest match identifies
and categorizes the structure.
v. If the EDXA is used for
confirmation, record the properly
labeled spectrum on a computer disk, or
if a hard copy, file with analysis data.
vi. If the number of fibers in the
nonasbestos class would cause the
analysis to exceed the 70 s/mm2
concentration, their identities must be
confirmed, by EDXA or measuremen: of
a zone axis diffraction pattern to
establish that the particles are
nonasbestos.
k. Stopping Rules.
i. If more than 50 asbestiform
structures are counted in a particular
grid opening, the analysis may be
terminated.
ii. After having counted 50
asbestiform structures in a minimum of 4
grid openings, the analysis may be
terminated. The grid opening in which
the 50th fiber was counted must be
completed.
iii. For blank samples, the analysis is "
always continued until 10 grid openings
have been analyzed.
iv. In all other samples the analysis
shall be continued until an analytical
sensitivity of 0.005 s/cm3 is reached.
1. Recording Rules. The count sheet
should contain the following
information:
i. Field (grid opening): List field
number.
ii. Record "NSD" if no structures are
detected.
iii. Structure information.
(1) If fibers, bundles, clusters, and/or
matrices are found, list them in
consecutive numerical order, starting
over with each field.
(2) Length. Record length category of
asbestos fibers examined. Indicate if
less than 5 pm or greater than or equal
to 5 pm.
(3) Structure Type. Positive
identification of asbestos fibers is
required by the method. At least one
diffraction pattern of each fiber type
from every five samples must be
recorded and compared with a standaro
diffraction pattern. For each asbestos
fiber reported, both a morphological
descriptor and an identification
descriptor shall be specified on the
count sheet
(4) Fibers classified as chrysotile must
be identified by diffraction and/or X-ray
analysis and recorded on the count
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41888 Federal Register / Vol. 52. No. 210 / Friday. October 30, 1987 / Rules and Regulations
sheet X-ray analysis alone can be used
as sole Identification only after 70s/mmf
have been exceeded for a particular
sample.
(5) Fibers classified as amphiboles
must be identified by X-ray analysis and
electron diffraction and recorded on the
count sheet (X-ray analysis alone can
be used as sole identification only after
70s/mm* have been exceeded for a
particular sample.)
(6) If a diffraction pattern was
recorded on film, the micrograph
number must be indicated on the count
sheet
(7) If an electron diffraction was
attempted and an appropriate spectra is
not observed N should be recorded on
the count sheet
(8) If an X-ray analysis is attempted
but not observed. N should be recorded
on the count sheet.
(9) If an X-ray analysis spectrum is
stored, the file and disk number must be
recorded on the count sheet.
m. Classification Rules.
i. Fiber. A structure having a minimum
length greater than or equal to 0.5 fun
and an aspect ratio (length to width) of
5:1 or greater and substantially parallel
aides. Note the appearance of the end of
the fiber, i.e.. whether it is flat, rounded
or dovetailed.
ii. Bundle. A structure composed of
three or more fibers in a parallel
arrangement with each fiber closer than
one fiber diameter.
iii. Cluster. A structure with fibers in a
random arrangement such that all fibers
are intermixed and no single fiber is
isolated from the group. Groupings must
have more than two intersections.
iv. Matrix. Fiber or fibers with one
end free and the other end embedded in
or hidden by a particulate. The exposed
fiber must meet the fiber definition.
v. NSD. Record NSO when no
structures are detected in the field.
n. After all necessary analyses of a
particle structure have been completed.
return the goniometer stage to 0 degrees.
and return the structure to its original
location by recall of the original
location.
o. Continue scanning until all the
structures are identified, classified and
sized in the field.
p. Select additional fields (grid
openings) at low magnification: scan at
• chosen magnification (15.000 to
20.000X screen magnification); and
analyze until the stopping rule becomes
applicable.
q. Carefully record all data as they are
being collected, and check for accuracy.
r. After finishing with a grid, remove it
from the microscope, and replace it in
the appropriate grid hold. Sample grids
must be stored for a minimum of 1 year
from the date of the analysis: the sample
cassette must be retained for a minimum
of 30 days by the laboratory or returned
at the client's request.
H. Sample Analytical Sequence
1. Carry out visual inspection of work
site prior to air monitoring.
2. Collect a minimum of five air
samples inside the work site and five
samples outside the work site. The
indoor and outdoor samples shall be
taken during the same time period.
3. Analyze the abatement area
samples according to this protocol. The
analysis must meet the 0.005 s/cm3
Analytical sensitivity.
4. Remaining steps in the analytical
sequence are contained in Unit IV. of
this Appendix.
1. Reporting
The following Information must be
reported to the client See the following
Table 0:
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Federal Register / Vol. 52. No. 210 / Friday, October 30. 1987 / Rules and Regulations
41889
TABLE II—EXAMPLE LABORATORY LETTERHEAD
Laboratory
ID.
Client
l.D.
FILTER MEDIA DATA
Type
Diameter, mm
Effective AreAjnm 2
Pore Sire, nm
Analyzed
Area, mm
Sample
Volume, cc
INDIVIDUAL ANALYTICAL RESULTS
Laboratory
l.D.
Client
I.D.
• Asbestos
Structures
Analytical
Sensitivity, s/cc
CONCENTRATION
Structures/mm2
Stnictures/te
The analysis was carried out to the approved TEM method. This laboratory is in compliance with the qual
specified by the method.
Authorized signature
-------
41890 Federal Register I VoL 52, No. 210 / Friday. October 30. 1987 / Rules and Regulations
1. Concentration in structures per
•.quart? millimeter and structures per
cubic centimeter.
2. Analytical sensitivity used for the
aralysis.
3. Number of asbestos structures.
4. Area analyzed.
5. Volume of air sumples (which was
initially provided by client).
6. Average grid size opening.
~. Number of grids analyzed.
8. Copy of the count sheet must be
included with the report.
9. Signature of laboratory official to
indicate that the laboratory met
specifications of the AHERA method
10. Report form must contain official
laboratory identification (e.g.
letterhead).
11. Type of asbestos.
I Calibration Methodology
Note: Appropriate implementation of
the method requires a person
knowledgeable in electron diffraction
and mineral identification by ED and
EDXA. Those inexperienced
laboratories wishing to develop
capabilities may acquire necessary
knowledge through analysis of
appropriate standards and by following
detailed methods as described in
References 8 and 10 of Unit II1.L
1. Equipment Calibration. In this
method, calibration is required for thr
air-sampling equipment and the
transmission electron microscope
(TEM).
a. TEM Magnification. The
n;ngnification at the fluorescent screen
of the TEM must be calibrated at the
grid opening magnification (if used) and
also at the magnification used for fiber
counting. This is performed with a cross
grating replica. A logbook must be
maintained and the dates of calibration
depend on the past history of the
particular microscope: no frequency is
specified. After any maintenance of the
microscope that Involved adjustment of
the power supplied to the lenses or the
high-voltage system or the mechanical
disassembly of the electron optical
column apart from filament exchange.
the magnification must be recalibrated.
Before the TEM calibration is
performed, the analyst must ensure that
the cross grating repUca is placed at the
same distance from the objective lens a*
the specimens are. For instruments that
incorporate an eucentric tilting
specimen stage, all spedments and tne
cross grating replica must be placed at
the eucantric position.
b. Determination of the TEM
magnification on the fluorescent screen.
i. Define a field of view on the
fluorescent screen either by markings or
physical boundaries. The field of view
must be measurable or previously
inscribed with a scale or concentric
circles (all scales should be metric).
ii. lusort a diffraction grating replica
(for example a grating containing 2.160
lines/mm) into the specimen holder and
place into the microscope. Orient the
replica so that the grating lines fall
perpendicular to the scale on the TKM
fluorescent screen. Ensure that the
goniometer stage tilt is 0 degrees.
iii. Adjust microscope magnification
to 10.000X or 20.000X. Measure the
distance (nun) between two widely
separated lines on the grating replica.
Note the number of spaces between the
lines. Take care to measure between the
same relative positions on the lines (e.g.,
between left edges of lines].
NoU^-The more spaces included in the
measurement, the more accurate the final
calculation. On most microscopes, however
the magnification is substantially constant
only within the central 8-10 cm diameter
region of the fluorescent screen.
iv. Calculate the true magnification
(M) on the fluorescent screen:
M-XC/Y
where:
X—total distance (mm) between the
designated grating lines;
C« calibration constant of the grating
replica (lines/mm):
Y«number of grating replica spaces
counted along X.
c. Calibration of the EDXA System.
Initially, the EDXA system must be
calibrated by using two reference
elements to calibrate the energy scale of
the instrument When this has been
completed in accordance with the
manufacturer's instructions, calibration
in terms of the different types of
asbestos can proceed The EDXA
detectors vary In both solid angle of
detection and in window thickness.
Therefore, at a particular accelerating
voltage in use on the TEM. the count
rate obtained from specific dimensions
of fiber will vary both in absolute X-ray
count rate and in the relative X-ray peak
heights for different elements. Only a
few minerals are relevant for asbestos
abatement work, and in this procedure
the calibration is specified in terms of a
"fingerprint" technique. The EDXA
spectra must be recorded from
individual fibers of the relevant
minerals, and identifications are made
on the basis of semiquantitative
comparisons with these reference
spectra.
d Calibration of Grid Openings.
L Measure 20 grid openings on each of
20 random 200-mesh copper grids by
placing a grid on a glass slide and
examining it under the PCM. Use a
calibrated graticule to measure the
average field diameter and use this
number to calculate the field area for an
average grid opening. Grids are to be
randomly selected from batches up to
1.000. . '
Note-— A grid optming is considered as one
field.
ii. The mean grid opening area must
be measured for the type of specimen
grids in use. This can be accomplished
on the JEM at a properly calibrated low
magnification or on an optical
microscope at a magnification of
approximately 400X by using an
eyepiece fitted with a scale that has
been calibrated against a stage
micrometer. Optical microscopy utilizing
manual or automated procedures may
be used providing instrument calibration
can be verified.
e. Determination of Camera Constant
and ED Pattern Analysis.
I. The camera length of the TEM in ED
operating mode must be calibrated
before ED patterns on unknown samples
are observed This can be achieved by
using a carbon-coated grid on which a
thin film of gold has been sputtered or
evaporated A thin film of gold is
evaporated on the specimen TEM grid to
obtain zone-axis ED patterns
superimposed with a ring pattern from
the polycrystalllne gold film.
ii. In practice. It is desirable to
optimize Lhe thickness of the gold film so
that only one or two sharp rings are
obtained on the superimposed ED
pattern. Thicker gold film would
normally give multiple gold rings, but it
will tend to mask weaker diffraction
spots from the unknown fibrous
participates. Since the unknown d-
spacings of most interest in asbestos
analysis are those which lie closest to
the transmitted beam, mulitiple gold
rings are unnecessary on zone-axis ED
patterns. An average camera constant
using multiple gold ring* can be
determined The camera constant is one-
half the diameter. D. of the rings times
the Interplanar spacing, d of the ring
being measured
K. Quality Control/ Quality Assurance
Procedures (Data Quality Indicator*!
Monitoring the environment for
airborne asbestos requires the use of
sensitive sampling and analysis
procedure*. Because the test is sensitive.
it may be influenced by a variety of
factors. These include the supplies used
in the sampling operation, the
performance of the MmpJing the
preparation of the grid from the filter
and the actual examination of this grid
in the microscope. Each of these unit
operations must produce a product of
-------
Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules an& Regulations 41891
defined quality if the analytical result is
to be a reliable and meaningful test
. Accordingly, a series of control
i and reference standards ia
Srmed along with the sample
analysis as indicators that the materials
used are adequate and the operations
are within acceptable limits. In this way.
the quality of the data is defined and the
results are of known value. These
checks and tests also provide timely and
specific warning of any problems which
might develop within the sampling and
analysis operations. A description of
these quality control/quality assurance
procedures is summarized in the
following Table III:
WLUWO COOC «MO-tO-M
-------
41892
Federal Register / Vol. 52, No. 210 / Friday. October 30.1987 / Rules and Regulations
TABLE III — SUMMARY OF LABORATORY
DATA QUALITY OBJECTIVES
Unii Operation
Sample receiving
Sample custody
Sample preparation
Sample analysis
Performance check
OCCheck
Review of receiving report
Review of chain-of -custody record
Supplies and reagents
Grid opening size
Special clean area monitoring
Laboratory blank
Plasma etch blank
Multiple preps (3 per sample)
System check
Alignment check
Magnification calibration with k>w and high
standards
ED calibration by gold standard
EDS calibration by copper line
Laboratory blank (measure of cleanliness)
Replicate counting (measure of precision)
Duplicate analysis (measure of reproducibility)
Known samples of typical materials
Freouencv
Each sample
Each sample
On receipt
20 openings/20 grids/lot
of 1000 or 1 opening/sample
After cleaning or service
1 per prep series or 10%
1 per 20 samples
Each sample
Each day
Each day
Each month or after service
Weekly
Daily
Prep 1 per series or 10%
read 1 per 25 samples
1 per 100 samples
1 per 100 samples
Training and for com-
Conformance
95% complete
95% complete
Meet specs, or reject
100%
Meet specs or reclean
Meet specs, or
reanalyze series
75%
One with cover of 15
complete grid sqs.
Each day
Each day
95%
95%
95%
Meet specs or
reanalyze series
1 J x Poisson Std. Dev.
2 x Poisson Sid. Dev.
100%
Calculations and
dais reduction
(working standards)
Analysis of NBSSRM 1876 and/or RM 8410
(measure of accuracy and comparability)
Dma entry review (data validation and measure
of completeness)
Record and verify ID electron diffraction pattern
of structure
Hand calnilarion of automated data reduction
procedure or independent recalculation of hand-
parison with unknowns
1 per analyst per year
Each sample
1 per 5 samples
1 per 100 samples
1.5 x Poissoo Std. Dev.
95%
80% accuracy
85%
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Federal Register / Vol. 52. No. 210 / Friday, October 30. 1987 / Rules and Regulations 41893
1. Whe: the samples arrive at the
laboratory, check the samples and
pcumentation for completeness and
tjuirements before initiating the
lysis.
2, Check all laboratory reagents and
supplies for acceptable asbestos
background levels.
3. Conduct all sample preparation in a
clean room environment monitored by
laboratory blanks and special testing
after cleaning or servicing the room.
4. Prepare multiple grids of each
sample.
5. Provide laboratory blanks with
each sample batch. Maintain a
cumulative average of these results. If
this average is greater than 53 (7mm *
per 10 200-mesh grid openings, check the
system for possible sources of
contamination.
6. Check for recovery of asbestos from
cellulose ester filters submitted to
plasma asher.
7. Check for asbestos carryover in the
plasma asher by including a blank
alongside the positive control sample.
8. Perform a systems check on the
transmission electron microscope daily.
9. Make periodic performance checks
of magnification, electron diffraction
and energy dispersive X-ray systems as
set forth in Table III of Unit IU.K.
10. Ensure qualified operator
Kirmance by evaluation of replicate
ting, duplicate analysis, and
iard sample comparisons at set
forth in Table 111 of Unit IIIJC
11. Validate all data entries.
12. Recalculate a percentage of all
computations and automatic data
reduction steps as specified in Table OL
13. Record an electron diffraction
pattern of one asbestos structure from
every five samples that contain
asbestos. Verify the identification of the
pattern by measurement or comparison
of the pattern with patterns collected
from standards under the same
conditions.
The outline of quality control
procedures presented above is viewed
as the minimum required to assure that
quality data is produced for clearance
testing of an asbestos abated area.
Additional information may be gained
by other control teats. Specific* on those
control procedures and options
available for environmental testing can
be obtained by consulting References 0.
7. and 11 of Unit ULL.
L References
For additional background
information on this method the following
references should be consulted.
^ "Guidelines for Controlling
BStos-Containing Materials in
Idings." EPA 560/5-85-024. June 1885.
2. "Measuring Airborne Asbestos
Following an Abatement Action,"
USEPA/ Office of Toxic Substances.
EPA 600/4-85-049,1985.
3. Small. John and E, Steel Asbestos
Standards: Materials and Analytical
Methods. N.B.S. Special Publication 619.
1982.
4. Campbell. W.J.. R.L Blake. LL
Brown, E.E. Gather, and J.J. Sjoberg.
Selected Silicate Minerals and Their
Asbestiform Varieties. Information
Circular 8751, U.S. Bureau of Mines.
1977.
5. Quality Assurance Handbook for
Air Pollution Measurement System.
Ambient Air Methods. EPA 600/4-77-
027a. USEPA. Office of Research and
Development, 1977.
6. Method 2A: Direct Measurement of
Gas Volume Through Pipes and Small
Ducts. 40 CFR Part 60 Appendix A.
7. Burdette. G.J. Health & Safety Exec..
Research & Lab. Services Div., London.
"Proposed Analytical Method for
Determination of Asbestos In Air."
& Chatfield. E.J., Chatfield Tech.
Cons, Ltd., Clark, T_ PE1 Assoc.
"Standard Operating Procedure for
Determination of Airborne Asbestos
Fibers by Transmission Electron
Microscopy Using Polycarbonate
Membrane Filters." WERL SOP 87-1.
March 5.1987.
9. N1OSH. Method 7402 for Asbestos
Fibers. December 11.1986 Draft
10. Yamate. G., S.C. AgarwalL RJD.
Gibbons, UT Research Institute,
"Methodology for the Measurement of
Airborne Asbestos by Electron
Microscopy." Draft report USEPA
Contract 68-02-3266, July 1984.
11. Guidance to the Preparation of
Quality Assurance Project Plans.
USEPA. Office of Toxic Substances.
1984.
IV. Mandatory Interpretation of
Transmistion Electron Microscopy
Results to Determine Completion of
Response Actions
A. Introduction
A response action is determined to be
completed by TEM when the abatement
area has been cleaned and the airborne
asbestos concentration inside the
abatement ana is no higher than
concentrations at locations outside the
abatement area. "Outside" means
outside the abatement area, but not
necessarily outside the building. EPA
reasons that an asbestos removal
contractor cannot be expected to clean
an abatement ana to an airborne
asbestos concentration that is lower
than the concentration of air entering
the abatement area from outdoors or
from other parts of the building, Afte*
the abatement area has passed a
thorough visual inspection, and before
the outer containment barrier is
removed, a minimum of five air samples
inside the abatement area and-a
minimum of five air samples outside the
abatement area must be collected.
Hence, the response action is
determined to be completed when the •
average airborne asbestos concentration
measured inside the abatement area is
not statistically different from the
average airborne asbestos concentration
measured outside the abatement area. ••
The inside and outside concentrations
are compared by the Z-test, a statistical
test that takes into account the
variability in the measurement process.
A minimum of five samples inside the
abatement area and five samples
outside the abatement area are required
to control the false negative error rate,
i.e., the probability of declaring the
removal complete when, in fact the air
concentration inside the abatement area
is significantly higher than outside the
abatement area. Additional quality
control is provided by requiring three
blanks (filters through which no air has
been drawn) to be analyzed to check for
unusually high filter contamination that
would distort the test results.
When volumes greater than or equal
to 1.199 L for a 25 mm filter and 2.799 L
for a 37 mm filter have been collected
and the average number of asbestos
structures on samples inside the
abatement area is no greater than 70
•/mm ' of filter, the response action may
be considered complete without
comparing the inside samples to the
outside samples. EPA is permitting this
Initial screening test to save analysis
costs in situations where the airborne
asbestos concentration is sufficiently
low so that it cannot be distinguished
from the filter contamination/
background level (fibers deposited on
the filter that are unrelated to the air
being sampled). The screening test
cannot be used when volumes of less
than 1.199 L for 25 mm filter or 2.799 L
for a 37 mm filter are collected because
the ability to distinguish levels
significantly different from filter
background is reduced at low volumes.
Toe initial screening test is expressed
in structures per square millimeter of
filter because filter background levels
come from sources other than the air
being sampled and cannot be
meaningfully expressed as a
concentration per cubic centimeter of
air. The value of 70 s/mm1 is based on
the experience of the panel of
microscopists who consider one
structure in 10 grid openings (each grid
opening with an area of 04057 mm*) to
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41894 Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
be comparable with contamination/
background levels of blank filters. The
decision is based, in part, on Poisson
statistic* which indicate that four
structures must be counted on a filter
before the fiber count is statistically
distinguishable from the count for one
structure. As more information on the
performance of the method is collected,
this criterion may be modified. Since
different combinations of the number
and size of grid openings are permitted
under the TEM protocol, the criterion is
expressed in structures per square
millimeter of filter to be consistent
across all combinations. Four structures
per 10 grid openings corresponds to
approximately 70 a/mm2.
B. Sample Collection and Analysis
1. A minimum of 13 samples is
required: five samples collected insidt
the abatement area, five samples
collected outside the abatement area.
two field blanks, and one sealed blank.
2. Sampling and TEM analysis must
be done according to either the
mandatory or norunandatory protocols
in Appendix A. At least 0.057 mm* of
filter must be examined on blank filters.
C. Interpretation of Results
1. The response action shall be
considered complete if either
a. Each sample collected inside the
abatement area consists of at least 1.199
L of air for a 25 mm filter, or 2.799 L of
air for a 37 mm filter, and the arithmetic
mean of their asbestos structure
concentrations per square millimeter of
filter is less than or equal to 70 s/mm1:
or
b. The three blank samples have an
arithmetic mean of the asbestos
structure concentration on the blank
filters that is less than or equal to 70
s/mm'and the average airborne
asbestos concentration measured inside
the abatement area is not statistically
higher than the average airborne
asbestos concentration measured
outside the abatement area as
determined by the Z-test. The Z-test is
carried out by calculating
Z-
Y.-YO
o.8(WU0)'/2
where Y( is the average of the natural
logarithms of the inside samples and Y0
is the average of the natural logarithms
of the outside samples, n, is the number
of inside samples and no is the number
of outside samples. The response action
is considered complete if Z is less than
or equal to 1.65.
(Note.—When no fiber* are counted, (he
calculated detection limit for that analysis i»
inserted for the concentration.)
2. If the abatement site does not
satisfy either (1) or (2) above, the site
must be recleaned and a new set of
samples collected.
O. Sequence for Analyzing Samples
It is possible to determine completion
of the response action without analyzing
all samples. Also, at any point in the
process, a decision may be made to
terminate the analysis of existing
samples, reclean the abatement site, and
collect a new set of samples. The
following sequence is outlined to
minimize the number of analyses
needed to reach a decision.
1. Analyze the inside samples.
2. If at least 1.199 L of air for a 25 mm
filter or 2.799 L of air for a 37 mm filter is
collected for each inside sample and the
arithmetic mean concentration of
structures per square millimeter of filter
is less than or equal to 70 s/nun*. the
response action is complete and no
further analysis is needed.
3. If less than 1.199 L of air for a 25
mm filter or 2,799 L of air for a 37 mm
filter is collected for any of the inside
samples, or the arithmetic mean
concentration of structures per square
millimeter of filter is greater than 70
s/mm'. analyze the three blanks.
4. If the arithmetic mean
concentration of structures per square
millimeter on the blank filters is greater
than 70 s/mm'. terminate the analysis,
identify and correct the source of blank
contamination, and collect a new set of
samples.
5. If the arithmetic mean
concentration of structures per square
millimeter on the blank filters is less
than or equal to 70 s/mm1, analyze the
outside samples and perform the Z-test.
6. If the Z-statistic is less than or
equal to 1.65. the response action is
complete. If the Z-statistic is greater
than 1.65. reclean the abatement site
and collect • new set of samples.
Appendix B to Subpart E—Work
Practice* and Engineering Controls for
Small-Scale, Short-Duration Operations
Maintenance and Repair (O&M)
Activities Involving ACM
This appendix is not mandatory, in
that LEAs may choose to comply with
all the requirements of 40 CFR 763.121.
Section 763.91(b) extends the protection
provided by EPA in its 40 CFR 763.121
for worker protection during asbestos
abatement projects to employees of
local education agencies who perform
small-scale, short-duration operations.
maintenance and repair (O&M)
activities involving asbestos-containing
materials and are not covered by the
OSHA asbestos construction standard
at 29 CFR 1926.58 or an asbestos worker
protection standard adopted by a State
as part of a State plan approved by •
OSHA under section 18 of the
Occupational Safety and Health Act.
Employers wishing to be exempt from
the requirements of 8 763.121 (e)(6) and
(f)(2)(ij may instead comply with the
provisions of this appendix when
performing small-scale, short-duration
O&M activities.
Definition of Small-Scale. Short-
Duration Activities
For the purposes of this appendix,
small-scale, short-duration maintenance
activities are tasks su ;h as, but not
limited to:
1. Removal of asbestos-containing
insulation on pipes.
2. Removal of small quantities of
asbestos-containing insulation on beams
or above ceilings.
3. Replacement of an asbestos-
containing gasket on a valve.
4. Installation or removal of a small
section of drywall.
5. Installation of electrical conduits
through or proximate to asbestos-
containing materials.
Small-scale, short-duration
maintenance activities can be further
defined, for the purposes of this subpart.
by the following considerations:
1. Removal of sm ill quantities of
asbestos-containin^ materials (ACM)
only if r« quired in the performance of
another maintenance activity not
intended as asbestos abatement
2. Removal of asbestos-containing
thermal system insulation not to exceed
amounts greater than those which can
be contained in a single glove bag.
3. Minor repairs to damaged thermal
system insulation which do not require
removal
4. Repairs to a piece of asbestos-
containing wallboard.
5. Repairs, involving encapsulation.
enclosure or removal to small amounts
of friable asbestos-containing material
only if required in the performance of
emergency or routine maintenance
activity and not intended solely as
asbestos abatement. Such work may not
exceed amounts greater than those
which can be contained in a single
prefabricated minienclosure. Such an
enclosure shall conform spatially and
geometrically to the localized work area.
in order to perform its intended
containment function.
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regulations
41895
OSHA concluded that the use of
certain engineering and work practice
«t)ls is capable of reducing employee
sures to asbestos to levels below
inal standard's action level (0.1
f/cm*). (See 51 FR 22714. June 20,1986.)
Several controls and work practices.
used either singly or in combination, can
be employed effectively to reduce
asbestos exposures during small
maintenance and renovation operations.
These include:
1. Wet methods.
2. Removal methods.
i. Use of glove bags.
ii. Removal of entire asbestos
insulated pipes or structures.
iii. Use of minienclosures.
3. Enclosure of asbestos materials.
4. Maintenance programs.
This-appendix describes these
controls and work practices in detail.
Preparation of the Area Before
Renovation or Maintenance Activities
The first step in preparing to perform
a small-scale, short-duration asbestos
renovation or maintenance task.
regardless of the abatement method that
will be used, is the removal from the
work area of all objects that are
movable to protect them from asbestos
contamination. Objects that cannot be
jpved must be covered completely
Jft-mil-thick polyethylene plastic
Iting before the task begins. If
objects have already been
contaminated, they should be
thoroughly cleaned with a High
Efficiency Paniculate Air (HEPA)
filtered vacuum or be wet-wiped before
they are removed from the work area or
completely encased in the plastic.
Wet methods. Whenever feasible, and
regardless of the abatement method to
be used (e.g., removal, enclosure, use of
glove bags), wet methods must be used
during small-scale, short-duration
maintenance and renovation activities
that involve disturbing asbestos-
containing materials. Handling asbestos
materials wet is one of the most reliable
methods of ensuring that asbestos fiber*
do not become airborne, snd this
practice should therefore be used
whenever feasible. Wet methods can be
used in the great majority of workplace
situations. Only in cases where asbestos
work must be performed on live
electrical equipment on live steam lines,
or in other areas where water will
seriously damage materials or
equipment may dry removal be
performed. Amended water or another
wetting agent should be applied by
«of an airless sprayer tu minimize
tent to which the asbestos-
ning material is disturbed.
Asbestos-containing material should
be wetted from the initiation of the
maintenance or renovation operation
and wetting agents should be used
continually throughout the work period'
to ensure mat any dry asbestos- .
containing material exposed in the
course of the work is wet and remains
wet until final disposal.
Removal of small amount of asbestos-
containing materials. Several methods
can be used to remove small amounts of
asbestos-containing materials during
small-scale, short-duration renovation or
maintenance tasks. These include the
use of glove bags, the removal of an
entire asbestos-covered p'pe or
structure, and the construction of
minienclosures. The procedures that
employers must use for each of these
operations if they wish to avail
themselves of the rule's exemptions are
described in the following sections.
Clove bags. OSHA found that the use
of glove bags to enclose the work area
during small-scale, short-duration
maintenance or renovation activities
will result in employee exposure to
asbestos that are below the rule's action
level of 0.1 f/cm '. This appendix
provides requirements for glove-bag
procedures to be followed by employers
wishing to avail themselves of the rule's
exemption for each activity. OSHA has
determined that the use of these
procedures will reduce the 8-hour time
weighted average (TWA) exposure of
employees Involved in these work
operations to levels below the action
level and will thus provide a degree of
employee protection equivalent to that
provided by compliance with all
provisions of the rule.
Clove bag installation. Clove bags are
approximately 40-inch-wide times 64-
inch-long bags fitted with arms through
which the work can be performed.
When properly installed and used, they
permit workers to remain completely
isolated from the asbestos material
removed ox replaced inside the bag.
Glove bags can thus provide a flexible.
easily installed, and quickly dismantled
temporary small work area enclosure
that is ideal for small-scale asbestos
renovation or maintenance jobs. These
bags are single-use control devices that
are disposed of at the end of each job.
The bags are made of transparent 6-mil-
thick polyethylene plastic with areas of
Tyvek * material (the same material
1 Mention of trade name* or ooauMrcul product*
doee BO! oomtltnt* eadoneawot or
•boo far M.
used to make the disposal protective
suits used in major asbestos removal.
renovation, and demolition operations
and in protective gloves). Glove bags are
readily available from safety supply
stores or specialty asbestos removal
supply houses. Glove bags come pre-
labelled with the asbestos warning label
prescribed by OSHA and EPA for bags
used to dispose of asbestos waste.
Glove bag equipment and supplies.
Supplies and materials that are
necessary to use glove bags effectively •
include:
1. Tape to seal glove bag to the area '
from which asbestos is to be removed.
2. Amended water or other wetting
agents.
3. An airless sprayer for the
application of the wetting agent.
4. Bridging encapsulant (a paste-like
substance for coating asbestos) to seal
the rough edges of any asbestos-
containing materials that remain within
the glove bag at the points of attachment
after the rest of the asbestos has been
removed.
5. Tools such as razor knives, nips.
and wire brushes (or other tools suitable
for cutting wires, etc.).
6. A HEPA filter-equipped vacuum for
evacuating the glove bag (to minimize
the release of asbestos fibers) during
removal of the bag from the work area
and for cleaning any material that may
have escaped during the installation of
the glove bag.
7. HEPA-equipped dual-cartridge or
more protective respirators for use by
the employees involved in the removal
of asbestos with the glove bag.
Clove bag work practices. The proper
use of glove bags requires the following
steps:
1. Glove bags must be installed so that
they completely cover the pipe or other
structure where asbestos work is to be
done. Glove bags are installed by
cutting the sides of the glove bag to fit
the size of the pipe from which asbestos
is to be removed. The glove bag is
attached to the pipe by folding the open
edges together and securely sealing
them with tape. All openings in the
glove bag must be sealed with duct tape
or equivalent material. The bottom seam
of the glove bag must also be sealed
with duct tape or equivalent to prevent
any leakage from the bag that may
result from a defect in the bottom seam.
2, The employee who is performing
the asbestos removal with the glove bag
must don at least a half mask dual-
cartridge HEPA-equipped respirator
respirators should be worn by
employees who are in close contact with
the glove bag and who may thus be
exposed as a result of small gaps in the
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41896 Federal Register / Vol 82. No. 210 / Friday, October 30. 1987 / Rules and Regulations
seams of the bag or holes punched
through the bag by a razor knife or a
piece of wire mesh.
3t The removed asbestos material
from the pipe or other surface that has
fallen into the enclosed bag must be
thoroughly wetted with a wetting agent
(applied with an airless sprayer through
the precut port provided in most gloves
bags or applied through a small hole in
the bag).
4. Once the asbestos material has
been thoroughly wetted it can be
removed from the pipe. beam, or other
surface. The choice of tool to use to
remove the asbestos-containing material
depends on the type of material to be
removed. Asbestos-containing materials
are generally covered with painted
canvas and/or wire mesh. Painted
canvas can be cut with a razor knife and
peeled away from the asbestos-
containing material underneath. Once
the canvas has been peeled away, the
asbestos-containing material
underneath may be dry, in which case it
should be resprayed with a wetting
agent to ensure that it generates as little
dust as possible when removed. If the
asbestos-containing material is covered
with wire mesh, the mesh should be cut
with nips, tin snips, or other appropriate
tool and removed.
A wetting agent must then be used to
spray any layer of dry material that is
exposed beneath the mesh, the surface
of the stripped underlying structure, and
the inside of the glove bag.
5. After removal of the layer of
asbestos-containing material, the pipe or
surface from which asbestos has been
removed must be thoroughly cleaned
with a wire brush and wet-wiped with •
wetting agent until no traces of the
asbestos-containing material can be
seen.
6. Any asbestos-containing insulation
edges that have been exposed as a
result of the removal or maintenance
activity must be encapsulated with
bridging encapsulant to ensure that the
edges do not release asbestos fibers to
the atmosphere after the glove bag has
been removed.
7. When the asbestos removal and
encapsulation have been completed, a
vacuum hose from a HEP A filtered
vacuum must be inserted into the glove
bag through the port to remove any air
in the bag that may contain asbestos
fibers. When the air has been removed
from the bag. the bag should be
squeezed tightly (as close to the top as
possible), twisted, and sealed with tape.
to keep the asbestos materials safely in
the bottom of the bag. The HEPA
vacuum can then be removed from the
bag and the glove bag itself can be
removed from the work area to be
disposed of properly.
MinienclOiures. In some instances.
such a* removal of asbestos from a
small ventilation system or from a short
length of duct a glove bag may not be
either large enough or of the proper
shape to enclose the work area. In such
cases, a mlnlenclosure can be built
around the area where small-scale,
short-duration asbestos maintenance or
renovation work is to be performed.
Such enclosures should be constructed
of 6-mil-thlck polyethylene plastic
sheeting and can be small enough to
restrict entry to the asbestos work area
to one worker.
For example, a minienclosure can be
built in a small utility closet when
asbestos-containing duct covering is to
be removed. The enclosure is
constructed by:
1. Affixing plastic sheeting to.the
walls with spray adhesive and tape.
2. Covering the floor with plastic and
sealing the plastic covering the floor to
the plastic on the walls.
3. Sealing any penetrations such as
pipes or electrical conducts with tape.
4. Constructing a small change room
(approximately 3 feet square) made of 6-
mil-thick polyethylene plastic supported
by 2-inch by 4-Inch lumber (the plastic
should be attached to the lumber
supports with staples or spray adhesive
and tape).
The change room should be
contiguous to the mlnlenclosure, and is
necessary to allow the worker to
vacuum off his protective coveralls and
remove them before leaving the work
area. While Inside minJenclosure, the
worker should wear Tyvek ' disposable
coveralls and use the appropriate
HEPA-filtered dual-cartridge or more
protective respiratory protection.
The advantages of minienclosures are
that they limit the spread of asbestos
contamination, reduce the potential
exposure of bystanders and other
workers who may be working in
adjacent areas, and are quick and eas>
to install The disadvantage of
minienclosures is that they may be too
small to contain the equipment
necessary to create a negative pressure
within the enclosure; however the
double layer of plastic sheeting will
serve to restrict the release of asbestos
fibers to the ana outside the enclosure.
Removal of entire structure*. When
pipes an insulated with asbestos-
containing materials, removal of the
entire pipe may be more protective.
easier, and mon cost-effective than
stripping the asbestos insulation from
the pipe. Before such a pipe is cut the
asbestos-containing insulation must be
ipped with ft-mil polyethylene plastic
and securely sealed with duct tape or
equivalent. This plastic covering will
prevent asbestos fibers from becoming
airborne as a result of the vibration
created by the power saws used to cut
the pipe. If possible, the pipes should be
cut at locations that are not insulated to
avoid disturbing the asbestos. If a pipe
is completely insulated with asbestos-
containing materials, small sections
should be stripped using the glove-bag
method described above before the pipe
is cut at the stripped sections.
Enclosure. The decision to enclose
rather than remove asbestos-containing
material from an area depends on the
building owner's preference, i.e., for
removal or containment. Owners
consider such factors as coat
effectiveness, the physical configuration _
of the work area, and the amount of
traffic in the area when determining
which abatement method to use.
If the owner chooses to enclose the
structure rather than to remove the
asbestos-containing material insulating
it a solid structure (airtight walls and
ceilings) must be built around the
asbestos covered pipe or structure to
prevent the release of asbestos-
containing materials into the area
beyond the enclosure and to prevent
disturbing these materials by casual
contact during future maintenance
operations.
Such a permanent (i.e.. for the life of
the building) enclosure should be built
of new construction materials and
should be impact resistant and airtight
Enclosure walls should be made of
tongue-and-groove boards, boards with
spine joints, or gypsum boards having
taped seams. The underlying structure
must be able to support the weight of the
enclosure. (Suspended ceilings with
laid-in panels do not provide airtight
enclosures and should not be used to
enclose structures covered with
asbestos-containing materials.) All
joints between the walls and ceiling of
the enclosure should be caulked to
prevent the escape of asbestos fibers.
During the installation of enclosures,
tools that are used (such as drills or
rivet tools) should be equipped with
HEPA-filtered vacuums. Before
constructing the enclosure, all electrical
conduits, telephone lines, recessed
lights, and pipes in the area to be
enclosed should be moved to ensure that
the enclosure will not have to be re-
opened later for routine or emergency
maintenance. If such lights or other
equipment cannot be moved to a new
location for logistic reasons, or if moving
them will disturb the asbestos-
containing materials, removal rather
than enclosure of the asbestos-
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Federal Register / Vol. 52, No. 210 / Friday. October 30. 1987 / Rules and Regulations 41897
containing materials is the appropriate
control method to use.
\intenance program. An e lestos
ace program must be .nitiated
I facilities that have friable
asbestos-containing materials. Such a
program should include:
1. Development of an inventory of ill
asbestos-containing materials in the
facility.
2. Periodic examination of all
asbestos-containing materials to detect
deterioration.
3. Written procedures for handling
asbestos materials during the
performance of small-scale, short-
doration maintenance and renovation
activities.
4. Written procedures for asbestos
disposal.
5. Written procedures for dealing with
asbestos-related emergencies.
Members of the building's
maintenance engineering staff
(electricians, heating/air conditioning
engineers, plumbers, etc.) who may be
required to handle asbestos-containing
materials should be trained in safe
procedure*. Such training should include
at • minimum:
1. Information regarding types of ACM
and its various uses and forms.
2. Information on the health effects
with asbestos exposure.
of the proper methods
onmdling asbestos-containing
materials.
4. Information on the use of HEP A-
equipped dual-cartridge respirators and
other personal protection during
maintenance activities.
Prohibited activities. The training
program for the maintenance
engineering staff should describe
methods of handling asbestos-
containing materials as well as routine
mainter.nee activities that are
prohibit-d when asbestos-containing
materials are involved. For example,
maintenance staff employees should be
instructed:
1. Not to drill holes in asbestos-
containing materials.
2. Not to hang plant* or pictures on
structures covered with asbestos-
containing materials,
3. Not to sand asbestos-containing
floor tile.
4. No to damage asbestos-containing
ma ten aid while moving furniture or
other •v.--«cts.
5.- •> install curtains, drape*, or
divi such • way 'hat they damage
tsbe-- staining materials.
ft. A . . dust floors, ceilings, moldings
1 surfaces in asbestos-
sted environments with a dry
Tot sweep with a dry broom.
7. Not to use an ordinary vacuum to
clean up asbestos-containing debris.
8. Not to remove ceiling tiles below.
asbestos-containing materials without •
wearing the proper respiratory
protection, clearing the area of other
people, and observing asbestos removal
waste disposal procedures.
9. Not to remove ventilation system
filters dry.
10. Not to shake ventilation system
filters.
Appendix D to Subpart E—Transport
and Disposal of Asbestos Waste
For the purposes of this appendix,
transport is defined as all activities from
receipt of the containerized asbestos
waste at the generation site until it has
been unloaded at the disposal site.
Current EPA regulations state that there
must be no visible emissions to the
outside air during waste transport.
However, recognizing the potential
hazards and subsequent liabilities
associated with exposure, the following
additional precautions are
recommended.
Recordkeeping. Before accepting
wastes, a transporter should determine
if the waste is properly wetted and
containerized. The transporter should
then require a chain-of-custody form
signed by the generator. A chain-of-.
custody form may include the name and
address of the generator, the name and
address of the pickup site, the estimated
quantity of asbestos waste, types of
containers used, and the destination of
the waste. The chain-of-custody form
should then be signed over to a disposal
site operator to transfer responsibility
for the asbestos waste. A copy of the
form signed by the disposal site operator
should be maintained by the transporter
as evidence of receipt at the disposal
site.
Waste handling. A transporter should
ensure that the asbestos waste is
properly contained in leak-tight
containers with appropriate labels, and
that the outside surfaces of the
containers are not contaminated with
asbestos debris adhering to the
containers. If there is reason to believe
that the condition of the asbestos waste
may allow significant fiber release, the
transporter should not accept the waste.
Improper containerizarJon of wastes is a
violation of the NESHAPs regulation
and should be reported to the
appropriate EPA Regional Asbestos
NESHAPs contact below:
Region 1
Asbestos NESHAPs Contact Air
Management Division, USEPA, Region L
JFK Federal Building. Boston, MA 02203.
(617) 223-3266.
Region II
Asbestos NESHAPs Contact, Air &
Waste Management Division. USEPA,
Region IL 28 Federal Plaza. New York.
NY 10007. (212) 264-6770.
Region HI
Asbestos NESHAPs Contact. Air
Management Division, USEPA. Region
III. 641 Chestnut Street. Philadelphia. PA
19107. (215) 597-9323.
Region IV
Asbestos NESHAPs Contact. Air,
Pesticide & Toxic Management, USEPA.
Region IV, 345 Courtland Street. NE.
Atlanta. GA 30365. (404) 347-4298.
Region V
Asbestos NESHAPs Contact, Air
Management Division, USEPA, Region
V. 230 S. Dearborn Street, Chicago. IL
60604. (312) 353-6793.
Region VI
Asbestos NESHAPs Contact. Air &
Waste Management Division, USEPA,
Region VL 1445 Ross Avenue. Dallas.
TX 75202. (214) 655-7229.
Region VII
Asbestos NESHAPs Contact. Air &
Waste Management Division, USEPA.
Region VII. 726 Minnesota Avenue,
Kansas City. KS 66101. (913) 236-2896.
Region VIII
Asbestos NESHAPs Contact. Air A
Waste Management Division. USEPA,
Region VIII. 999 18th Street Suite 500.
Denver. CO 60202, (303) 293-1814.
Region IX
Asbestos NESHAPs Contact, Air
Management Division, USEPA. Region
IX. 215 Fremont Street San Franrnco.
CA 94105. (415) 974-7633.
Region X
Asbestos NESHAPs Contact. Air &
Toxics Management Division, USEPA,
Region X. 1200 Sixth Avenue, Seattle,
WA 96101. (206) 442-2724.
Once the transporter is satisfied with
the condition of the asbestos waste and
agrees to handle it the containers
should be loaded into the transport
vehicle in a careful manner to prevent
breaking of the containers. Similarly, at
the disposal site, the asbestos waste
containers should be transferred
carefully to avoid fiber release. •
Waste transport Although there are
no regulatory specifications regarding
the transport vehicle, it is recommended
that vehicles used for transport of
containerized asbestos waste have an
enclosed carrying compartment or
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41898 Federal Register / Vol 52. No. 210 / Friday, October 30. 1987 / Rules and Regulations
utilize a canvas covering sufficient to
contain the transported waste, prevent
damage to containers, and prevent fiber
release. Transport of large quantities of'
asbestos waste is commonly conducted
in a 20-cubic-yard "roll off' box. which
should also be covered. Vehicles that
use compactors to reduce waste volume
should not be used because these will
cause the waste containers to rupture.
Vacuum trucks used to transport waste
slurry must be inspected to ensure that
water is not leaking from the truck.
Disposal involves the isolation of
asbestos waste material in order to
prevent fiber release to air or water.
Landfilling is recommended as an
environmentally sound isolation method
because asbestos fibers are virtually
immobile in suit. Other disposal
techniques such as incineration or
chemical treatment are not feasible due
to the unique properties of asbestos.
EPA has established asbestos disposal
requirements for active and inactive
disposal sites under NESHAPs (40 CFR
Part 61. Subpart M) and specifies
general requirements for solid waste
disposal under RCRA (40 CFR Part 257).
Advance EPA notification of the
intended disposal site is required by
NESHAPs.
Selecting a disposal facility. An
acceptable disposal facility for asbestos
wastes must adhere to EPA's
requirements of no visible emissions to
the air (during disposal, or minimizing
emissipns by covering the waste within
24 hours. The minimum required cover is
6 inches of nonasbestos material.
normally soil, or a dust-suppressing
chemical. In addition to these federal
requirements, many state or local
government agencies require more
stringent handling procedures. These
agencies usually supply a list of
"approved" or licensed asbestos
disposal sites upon request. Solid waste
control agencies are listed in local
telephone directories under state.
county, or city headings. A list of state
solid waste agencies may be obtained
by calling the RCRA hotline: 1-800-424-
9346 (382-3000 in Washington. DC).
Some landfill owners or operators plact
special requirements on asbestos waste.
such as placing all bagged waste into 55-
gallon metal drums. Therefore, asbestos
removal contractors should contact the
intended landfill before arriving with the
waste.
Receiving asbestos waste. A landfill
approved for receipt of asbestos waste
should require notification by the waste
hauler that the load contains asbestos.
The landfill operator should inspect the
loads to verify that asbestos waste is
properly contained in leak-tight
containers and labeled appropriately.
The appropriate EPA Regional Asbestos
NESHAPs Contact should be notified if
the landfill operator believes that the
. asbestos waste is in a condition that
may cause significant fiber release
during disposal. In situations when the
wastes are not properly containerized.
the landfill operator should thoroughly
soak the asbestos with a water spray
prior to unloading, rinse out the truck.
and immediately cover the wastes with
nonasbestos material prior to
compacting the waste in the landfill.
Waste deposition and covering.
Recognizing the health dangers
associated with asbestos exposure, the
following procedures are recommended
to augment current federal requirements:
• Designate a separate area for
asbestos waste disposal. Provide a
record for future landowners that
asbestos waste has been buried there
and that it would be hazardous to
attempt to excavate that area. (Future
regulations may require property deeds
to identify the location of any asbestos
wastes and warn against excavation.)
• Prepare a separate trench to receive
asbestos wastes. The size of the trench
will depend upon the quantity and
frequency of asbestos waste delivered
to the disposal site. The trenching
technique allows application of soil
cover without disturbing the asbestos
waste containers. The trench should be
ramped to allow the transport vehicle to
back into it. and the trench should be as
narrow as possible to reduce the amount
of cover required. If possible, the trench
should be aligned perpendicular to
prevailing winds.
• Place the asbestos waste containers
Into the trench carefully to avoid
breaking them. Be particularly careful
with plastic bags because when they
break under pressure asbestos particles
can be emitted
• Completely cover the containerized
waste within 24 hours with a minimum
of 6 inches of nonasbestos material.
Improperly containerized waste is a
violation of the NESHAPs and EPA
should be notified.
However, if improperly containerized
waste is received at the disposal site, it
should be covered immediately after
unloading. Only after the wastes,
including properly containerized wastes,
are completely covered, can the wastes
be compacted or other heavy equipment
run over it. During compacting, avoid
exposing wastes to the air or tracking
asbestos material away from the trench.
• For final closure of an area
containing asbestos waste, cover with at
least an additional 30 inches of
compacted nonasbestos material to
provide a 36-incb final cover. To control
erosion of the final cover, it should be
properly graded and vegetated. In areas
of the United States where excessive
soil erosion may occur or the frost line
exceeds 3 feet, additional final cover is
recommended. In desert areas where
vegetation would be difficult to
maintain, 3-6 inches of well graded
crushed rock is recommended for
placement on top of the final cover.
Controlling public access. Under the
current NESHAPs regulation. EPA does
not require that a landfill used for
asbestos disposal use warning signs or
fencing if it meets the requirement to
cover asbestos wastes. However, under
RCRA. EPA requires that access be
controlled to prevent exposure of the
public to potential health and safety
hazards at the disposal site. Therefore,
for liability protection of operators of
landfills that handle asbestos, fencing
*nd warning signs are recommended to
control public access when natural
barriers do not exist. Access to a landfill
should be limited to one or two
entrances with gates that can be locked
when left unattended. Fencing should be
installed around the perimeter of the
disposal site in a manner adequate to
deter access by the general public.
Chain-link fencing. 8-ft high, and topped
with a barbed wire guard, should be
used. More specific fencing
requirements may be specified by local
regulations. Warning signs should be
displayed at all entrances and at
intervals of 330 feet or less along the
property line of the landfill or perimeter
of the sections where asbestos waste is
deposited. The sign should read as
follows:
ASBESTOS WASTE DISPOSAL SITE
BREATHING ASBESTOS DUST MAY
CAUSE LUNG DISEASE AND CANCER
Recordkeeping. For protection from
liability, and considering possible future
requirements for notification on disposal
site deeds, a landfill owner should
maintain documentation of the specific
location and quantity of the buried
asbestos wastes. In addition, the
estimated depth of the waste below the
surface should be recorded whenever a
landfill section is closed. As mentioned
previously, such information should be
recorded in the land deed or other
record along with a notice warning
against excavation of the area.
[FR Doc. B7-Z48M Fikd 10-2&-87; (US sm|
ntXJMQ COM IMO-4*-«
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Federal Register / Vol. 52. No. 210 / Friday, October 30. 1987 / Notices
41899
ENVIRONMENTAL PROTECTION
FRL-326»-«J
Asbestos-Containing Materials In
Schools; EPA Approved Courses
Under the Asbestos Hazard
Emergency Response Act (AHERA)
AOENCV: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: In section 206(c)(3) of Title IL
the Administrator, in consultation with
affected organizations, was ejected to
publish (and revise as necessary) a list
of asbestos courses and tests in effect
before the date of enactment of this title
which qualify for equivalency treatment
for interim accreditation purposes and a
list of asbestos courses and tests which
the Administrator determines are
consistent with the Model Plan and
which will qualify a contractor for
accreditation. This Federal Register
notice includes the initial list of course
approvals. In addition, the list includes
Stati :reditation programs that EPA
has . roved as meeting the
requ:;1- 'tents of the Model Plan.
POM FURTHER INFORMATION CONTACT:
Edward A. Klein. Director. TSCA
Office (TS-799), Office of
tances. Environmental
Protection Agency. Rm. E-543. 401 M SL,
SW.. Washington, DC 20460. Telephone:
(202) 554-1404.
SUPPLEMENTARY INFORMATION: Section
206 of Tide U of the Toxic Substances
Control Act (TSCA), 15 U.S.C. 2548,
required EPA to develop by April 20.
1987 a Model Contractor Accreditation
Plan. The Plan was issued on April 20,
and was published in the Federal
Register of April 30.1987, as Appendix C
to Subpart E, 40 CFR Part 763.
To conduct asbestos-related work in
schools, persons must receive
accreditation in order to inspect school
buildings for asbestos, develop
management plans, and design or
conduct response actions. Such person*
can be accredited by States, which are
required to adopt contractor
accreditation plans at least as stringent
as the EPA Model Plan, or by completing
an EPA-approved training course and
passing an examination for such course.
The EPA Model Contractor
Accreditation Plan establishes those
area* of knowledge of asbestos
inspection, management plan
development, and response action
technology that persons seeking
ac^^Kition must demonstrate and
StaiBKust include in their
accreditation programs.
Elsewhere in this issue of the Federal
Register EPA is promulgating a final
"Asbestos-Containing Materials In
Schools" rule (40 CFR Part 763, Subpart
E) which requires all local education
agencies (LEAs) to identify asbestos-
containing materials (ACM) in their
school buildings and take appropriate
actions to control the release of
asbestos fibers. The LEAs are also
required to describe their activities in
management plans, which must be made
available to the public and submitted to
State governors. Under Title II. LEAs are
required to use specially-trained persons
to conduct inspections for asbestos.
develop the management plans, and
design or conduct major actions.to
control asbestos.
The length of initial training courses
for accreditation under the Model Plan
varies by discipline. Briefly, inspectors
must take a 3-day training course:
management planners must take the
inspection course plus an additional 2
days devoted to management planning:
and abatement project designers are
required to have at least 3 days of
training. In addition, asbestos
abatement contractor! and supervisors
must take a 4-day training course and
asbestos abatement workers are
required to tat a 3-day training course.
For all disciplines, persons seeking
accreditation must also pass an
examination and participate in annual
re-training courses. A complete
description of accreditation
requirements can be found in the Model
Accreditation Plan at 40 CFR Part 783,
Subpart E, Appendix CM-A. through E.
In section 206(c)(3) of Title II. the
Administrator, in consultation with
affected organizations, was directed to
publish (and revise as necessary) a list
of asbestos courses and tests in effect
before the date of enactment of this title
which qualify for equivalency treatment
for interim accreditation purposes and a
list of asbestos courses and tests which
the Administrator determines are
consistent with the Model Plan and
which will qualify a contractor for
accreditation. This Federal Register
notice includes the initial list of course
approvals. In addition, the list includes
State accreditation program* that EPA
hat approved as meeting the
requirements of the Model Plan.
Three types of EPA approvals are
included in this Federal Register notice.
Unit I discusses EPA approval of State
accreditation programs. Unit n covers
EPA approval of training courses. Unit
ID discusses EPA aporoval of training
courses for interim accreditation. Lastly,
Unit IV provides the list of State
accreditation programs and training
courses approved by EPA as of October
1987. Subsequent Federal Register
notices will add other State programs
and training courses to this initial'list.
L EPA Approval of State Accreditation
Programs
As discussed in the Model Plan. EPA
will approve State accreditation
programs that the Agency determines
are at least as stringent as the Model
Plan. In addition, the Agency is able to
approve individual disciplines within a
State's accreditation program. For
example, a State that currently only has
an accreditation requirement for
inspectors can receive EPA approval for
that discipline immediately rather than
waiting to develop accreditation
requirements for all disciplines in the
Model Plan before seeking EPA
approval.
As listed in Unit IV, New Jersey has
received EPA approval for two
accreditation disciplines. Any training
courses in these two disciplines
approved by New Jersey are EPA-
approved courses for purposes of
; accreditation. These training courses are
EPA-approved courses for purposes of
TSCA Title II in New Jersey and in all
States without an EPA-approved
accreditation program for that
discipline. For a qurrent list of Courses
approved by New Jersey, interested
parties should contact the State agency
I listed under Unit IV. EPA plans to
; include the training courses approved by
New Jersey in the next Federal Register
notice listing EPA-approved courses.
The State of Kansas currently has a
training program for asbestos abatement
contractors and supervisors that does
; not meet all of the Model Plan's
I requirements for this discipline.
I However, the Kansas program's training
course requirements do meet the
1 requirements for EPA approval of
training courses for interim
accreditation (see Unit III). Aa a result.
persons who have met the training and
exam requirements of the Kansas
abatement contractor and supervisor
program are accredited as listed under
Unit IV on an interim basis. The Kansas
contractor and supervisor accreditation
program still must be upgraded within
the time period specified in TSCA Title
0 to be at least as stringent as the Model
Plan.
n. EPA Approval of Training Courses
Training courses approved by EPA are
listed under Unit IV. The examinations
for these approved courses under Unit
IV have also been approved by EPA.
EPA has three categories of course
approval: fulL contingent, and approved
for interim accreditation Courses
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41900
Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Notices
approved for interim accreditation will
be discussed in Unit III.
Full approval means EPA has
reviewed and found acceptable the
course's written submission seeking
EPA approval and has conducted an on-
site audit and determined that the
training course meets or exceeds the
Model Plan's training requirements for
the relevant discipine.
Contingent approval means the
Agency has reviewed the course's
written submission seeking EPA
approval and found the materials to be
acceptable (i.e. the written course
materials meet the Model Plan's training
course requirements). However, EPA
has not yet conducted an on-site audit.
Successful completion of either a fully
approved course or a contingently
approved course provides full
accreditation for course attendees. If
EPA subsequently audits a contingently
approved course and withdraws
approval due to deficiencies discovered
during the audit, future course offerings
would no longer have EPA approval
However, withdrawal of EPA approval
would not effect the accreditation of
persons who took previously offered
training courses including the course
audited by EPA.
EPA-approved training courses listed
under Unit IV are approved on a
national basis. EPA has organized Unit
IV by EPA Region to assist the public in
locating those training courses that are
offered nearby.
EPA-approved State accreditation
programs have the authority to have
more stringent accreditation
requirements than the Model Plan. As a
result some EPA-approved training
courses listed under Unit IV may not
meet the requirements of a particular
State's accreditation program. Sponsors
of training courses and persons who
have received accreditation or are
seeking accreditation should contact
individual States to check on
accreditation requirements.
A number of training courses offered
by several universities before EPA
issued the Model Plan equaled or
exceeded the subsequently issued
Model Plan's training course
requirements. These courses are listed
under Unit IV as being fully approved. It
should be noted that persons who
successfully completed these courses
are fully accredited: they are not limited
only to being interimly accredited.
III. EPA Approval of Training Courses
for Interim Accreditation
TSCA Title II enables EPA to permit
persons to be accredited on an interim
basis if they have attended previous
EPA-approved asbestos training and
have passed (or pass) an asbestos exam.
As a result the Agency is approving
training courses offered previously for
purposes of accrediting persons on an
interim basis. Only those persons who
have taken training courses since
January 1.1985 will be considered under
these interim accreditation provisions.
In addition, EPA will not grant interim
accreditation to any person who takes
an equivalent training course after the
date the asbestos-in-schools rule take.s '
effect This accreditation is interim since
the person shall be considered
accredited for only 1 year after the date
on which the State where the person is
employed establishes an accreditation
program at least as stringent as the EPA
Model Plan. If the State does not adopt
an accreditation program within the
time period required by Title II. persons
with interim accreditation must become
fully accredited within 1 year after the
date the State was required to have
established a program.
For purposes of the Model Plan, an
equivalent training course is one that is
essentially similar in length and content
to the curriculum found in the Model
Plan. In addition, an equivalent
examination must be essentially similar
to the examination requirements found
in the Model Plan.
Persons who have taken equivalent
courses in their discipline for purposes
of interim accreditation, and can
produce evidence that they have
successfully completed the course by
passing an examination, are accredited
on an interim basis under TSCA Title II.
Evidence of successful completion of a
course would include a certificate or
photo identification card that showed
the person completed the training course
on a certain date and passed the
examination.
For persons who took one of the EPA-
approved courses for interim
accreditation listed under Unit IV, but
did not take the course's examination.
these persons may become interimly
accredited by passing an examination at
an EPA-funded training center. These
EPA funded training centers are listed
under Unit IV. Before taking the exam.
persons must provide evidence to the
EPA-funded center that they previously
had taken one of the training courses
listed under Unit IV that is approved by
EPA for interim accreditation.
Courses approved by EPA as of
October 17 for interim accreditation are
listed under Unit IV. Examinations
offered by these courses also are
approved for purposes of interim
accreditation. EPA expects to approve
additional courses for interim
accreditation purposes, and will list
these courses in subsequent Federal
Register notices. Training course
vendors that believe their courses •
offered since January 1,1985 are . .
suitable sources for interim
accreditation should contact their EPA
Regional asbestos coordinator (See
addresses in Unit IV).
IV. List of EPA-Approved State
Accreditation Programs and Training
Courses
Below is the first listing of EPA-
approved State accreditation programs
and training courses. As discussed
above, periodic notifications of EPA
approval of State accreditations
programs and EPA approval of training
courses will be published in subsequent
Federal Register notices. The closing
date for the acceptance of submissions
to EPA for inclusion in this firs! notice
was early October. Omission from this
list does not imply disapproval by EPA,
nor does the order of the course!* reflect
priority or quality. The format of the
notification lists first the State
accreditation programs approved by
EPA. followed by EPA-approved
training courses listed by Region. The
name, address, phone number, and
contact person is provided for each
training provider followed by th«
courses and type of course approval (i.e.
full, contingent, or for interim purposes).
Unless otherwise specified by an
alternative date, interim approvals are
issued from January 1. 1985.
All five of the EPA-funded asbestos
information centers and the three EPA-
funded satellite training centers will use
the EPA model inspector and
management planner course recently
developed with EPA funds. As a result,
EPA anticipates that all of the EPA-
funded training facilities will receive
approvals for inspection and
management planning courses offeree.
beginning in October. Currently, the
EPA-funded centers at the Georgia
Institute of Technology and the
University of Illinois at Chicago have
inspection and management planning
courses that EPA has fully approved.
The five centers are: The Georgia
Institute of Technology in Atlanta,
Georgia: the University of Kansas in
Overland Park. Kansas: Tufts University
in Medford. Massachusetts; the
University of Illinois at Chicago, and the
University of California, Berkeley. The
_three satellite centers are: The
University of Texas at Arlington: the
Robert Wood Johnson Medical School in
Piscataway. New Jersey, and Temple
University in Philadelphia.
Pennsylvania. The University of Texas
at Arlington has received contingent
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Notices
41901
approval of Hi inspector and
~ |gement planner course.
r i recently developed EPA-funded
el course for inspectors and
management planners, and an earlier
course developed with EPA funding for
asbestos abatement contractors and
supervisors are available for interested
parties that plan to offer training
courses. Interested parties should
contact the following firm to receive
copies of the training courses: Sterling
Federal Systems, Incorporated Suite
600.6011 Executive Blvd., Rockville. MD
20852.
A fee for each course will be charged
to cover the reproduction costs for the
written and visual aid materials.
The following is the initial list of EPA-
approved State accreditation programs
and training courses:
Approved State Accreditation Programs
(l)(a) State: Kansas— State Agency:
Kansas Department of Health and
Environment. Forbes Field. Topeka, KS
66620. Attn: John C. Irwin (913) 296-1500.
(b) Approved Accreditation Program
Discipline—Contractor/Supervisor
(training and exam requirements
(approved for interim accreditation).
Abatement worker ' approved for
interim accreditation).
e date of regulation: 1/6/1986.
State: New Jersey—State
cy: New Jersey Department of
Health. CN 380. Trenton. New Jersey
06625-0360. Attn: James Brownlee (609)
984-2193.
(b) Approved Accreditation Program
Discipline—Contractor/Supervisor.
Abatement worker. Effective date of
regulation: June 18,1985.
EPA'Approved Training Courses
Region I—Boston. MA
Regional asbestos coordinator. Alison
Roberts. EPA. Region L Air and
Management Division (APT-231). JFK
Federal Building. Boston. MA 02203.
(817) 585-3273 (FTS) 835-3275.
List of approved courses. The
following training courses have been
approved by EPA. The courses are listed
under (b). This approval la subject to the
level of certification Indicated after the
course name. Courses are listed in
alphabetical order and do not reflect a
prioritization. Approvals for Region I
training courses and contact points for
aach, an as follows:
(l)(a) Training provider. Abatement
Technology Corp., One Boston Place.
Suite 1025. Boston. MA 02108. Attn:
Scon Keyes (617) 723-3100.
i only to woito* who b*»« taken Utt
Kan***' Contractor/ S«p«nr1*or com* ud pinid
U* SUM'* workar •*••.
(b) Approved courses. Contractor/
Supervisor (contingent).
(2)(a) Training provider. Con-Test
P.O. Box 591. East Longmeadow, MA
01028. Attn: Brenda Bolduc (413) 525-
1198.
{b] Approved courses. Contractor/
Supervisor (contingent). Abatement
Worker (contingent). Inspector/
Management Planner (contingent).
Refresher course (for each of the above
disciplines) (contingent).
(3)(a) Training provider. Hygientica.
Inc., 150 Causeway St. Boston. MA
02114. Attn: John W. Cowdery (817) 723-
4664.
(b) Approved courses. Inspector
(contingent).
(4)(a) Training provider. Institute for
Environmental Education, 208 West
Cummings Park, Woburn. MA 01801.
Attn: Janet Oppenheim-McMullen (617)
935-7370.
(b) Approved courses. Contractor/
Supervisor (full from 9/18/87).
Inspector/Management planner
(contingent).
(5)(a) Training provider. Maine Labor
Croup on Health Inc., P.O. Box 5.
Augusta. Maine 04330. Attn: Dianna
White (207) 289-2770.
(b) Approved courses. Contractor/
Supervisor (contingent). Abatement
Worker (contingent).
(6)(a) Training provider. New England
Laborers' Training Trust Fund. 37 East
Street Hopkinton. MA 01748. Attn: Jim
Merloni Jr. (617) 435-6318.
(b) Approved courses. Abatement
Workers (contingent).
(7)(a) Training provider. Tufts
University. 474 Boston Ave.. Medford
MA 02155. Attn: Brenda Cole (617) 381-
3531.
(b) Approved courses. Contractor/
Supervisor Course (Interim from 9/85-
5/31/87). Contractor/Supervisor Course
(Full from 6/22/87).
Region 0—Edison. NT
Regional asbestos coordinator.
Arnold Freiberger. EPA, Region D.
Woodbridge Ave.. Raritan Depot Bldg.
10. Edison. NJ 08837. (201) 321-6668,
(FTS) 340-8871.
List of approved course*. The
following training courses have been
approved by EPA. The courses are listed
under (b). This approval is subject to the
level of certification indicated after the
course name. Course* are listed in
alphabetical order ar.d do not reflect a
prioritization. Approvals for Region 0
training courses and contact points for
each, are as follows:
(iXa) Training provider. UMDNJ
Robert Wood Johnson Medical School.
675 Hoes Lane. Piscatawey. N] 08854-
5635. Attn: Lee Laustsen (201) 463-4500.
(b) Approved courses. Abatement
Worker (full from beginning).
Contractor/Supervisor (full from
beginning).
Region ffl—Philadelphia. PA
Regional asbestos coordinator.
Pauline Levin. EPA. Region III (3HW-
40). 641 Chestnut Bldg., Philadelphia. PA
19107. (215) 597-9859. (FTS) 597-9859.
List of approved courses. The
following training courses have been
approved by EPA. The courses are listed .
under (b). This approval is subject to the
level of certification indicated after the
course name. Courses are listed in
alphabetical order and do not reflect a
prioritization. Approvals for Region III
training courses and contact points for
each, are as follows:
(l)(a) T.—ining provider. Alice
Hamilton Center for Occupational
Health. 410 7th Street SE. Second Floor.
Washington. DC 20003. Attn: Brian
Christopher (202) 543-0005.
(b) Approved courses. Abatement
Workers (contingent).
(2)(a) Training provider. The
Association of Wall and Ceiling
Industries. 24 K Street ME.. Suite 300.
Washington. DC 20002. Attn: Chris
Hullinger (202) 783-2924.
$>} Approved courses. Abatement
Worker (full 5/19/87). Contractor/
Supervisor (full 5/19/87).
(3)(a) Training provider. Biosphencs.
Inc.. 12051 Indian Creek Court
BeltsvilJe. MD 20705. Attn: Marian F.
Meiselman (301) 369-3900.
(b) Approved courses. Contractor/
Supervisor (full from 10/1/87).
Abatement worker (full from 10/1/87).
(4)(a) Training provider. Drexel
University, Environmental Studies
Institute. Building 29. 32nd and Chestnut
Streets. #216. Philadelphia. PA 19104.
Attn: Robert Ross (215) 895-2269.
(b) Approved courses. Contractor/
Supervisor (full from beginning).
Abatement Worker (full from
beginning).
(5)(a) Training provider. South East
Michigan Committee on Occupational
Safety and Health (SEMCOSH). 1550
Howard Street Detroit MI 48216. Attn:
Barbara Bcyian (313) 961-3345.
o) Approved courses. Abatement
W orker (contingent).
(6)(a) Training provider. The National
Training Fund for the Sheet Metal and
Air Conditioning-Industry (in
conjunction with the Workers' Institute
for Safety and Health). 1128 Sixteenth
Street NW., Washington. DC 20036.
.Attn: Scott Schneider (202) 887-1980.
(b) Approved courses. Abatement
Worker (contingent).
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41902
Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 /'Notices
(7)(a) Training provider. Temple
University. College of Engineering. 12th
*r.d Morris Streets. Philadelphia, PA
191J2. Attn: Lester Levin (215) 787-6479.
(b) Approved courses. Contractor/
Supervisor (full from beginning).
Workers (full from beginning).
(8)(a) Training provider. Medical
College of Virginia. Virginia
Commonwealth University. Department
of Preventive Medicine. P.O. Box 212.
Richmond. VA 23298. Attn: Leonard
Vance (804) 786-9785.
(h) Approved courses. Contractor/
Supervisor (contingent).
(9)(a) Training provider. WACO. Inc.
P.O. Box 838. 5450 Lewis Road.
Sandston. VA 23150. Attn: William
Belanich (804) 222-6440.
(b) Appruvedcourses. Contrbctor/
Supervisor (contingent). Abatement
Workers (contingent).
Region IV—Atlanta. GA
Regional asbestos coordinator. Jim
l.ittell. EPA Region IV. 345 Courtland St.
NE.. Atlanta. GA 30365. (404) 347-3864.
(FTS) 257-3864.
List of approved courses. The
following training courses have been
approved by EPA. The courses are listed
under (b). This approval is subject to the
level of certification indicated after the
course name. Courses are listed in
alphabetical order and do not reflect a
prioritization. Approvals for Region IV
training courses and contact points for
each, are as follows:
(l)(a) Training provider. University of
Florida. TREEO Center. 3300 SW 63rd
Blvd.. Gainesville. FL 32608. Attn:
Sandra Scaggs (904) 392-8570.
(b) Approved courses. Contractor/
Supervisor (full from 5/87).
(2)(a) Training provider. Georgia Tech
Research Institute. Environmental
Health and Safety Division. Room 029.
O'Keefe Building. Atlanta. GA 30332.
Attn: William Ewing (404) 894-3806.
[b] Approved courses. Contractor/
Supervisor (full from 5/11/87).
Contractor/Supervisor (Interim from 6/
85—5/10/87). Refresher Course for
Contractor/Supervisor (contingent).
Inspector/Management Planner (hill
from 10/87).
(3)(a) Training provider. National
Asbestos Council. Training Department
2786 North Decatur Road. Decatur. GA
30033. Attn: Eva Clay (404) 292-O629.
(b) Approved courses. Abatement
Workers (2 day) (interim from
beginning). Abatement Workers (3 day)
(full from 7/87).
Region V—Chicago. IL
Regional asbestoi coordinator.
Anthony Restaino, EPA Region V. 536 S.
Clark St. Chicago. IL 60604. (312) 886-
6879. (FTS) 886-6879.
List of approved courses. The
following training courses have been
approved by EPA. The courses are listed
under (b). This approval is subject to the
level of certification indicated after the
course name. Courses are listed in
alphabetical order and do not reflect a
prioritization. Approvals for Region V
training courses and contact points for
each, are as follows:
(l)(a) Training provider. AHP
Research; Inc. 1501 Johnsons Ferry Rd~
Suite 230. P.O. Box 71926. Marietta. GA
30007. Attn: Dwight Brown (404) 565-
0061.
(b) Apprt'tvi/courses. Inspector/
Management Planner (interim from
beginning).
(2)(a) Training provider. BDN
Industrial Hygiene Consultants. 8105
Valleywood Lane. Portage. Ml 49002.
Attn: Keith Nichols (616) 329-1237.
(b) Approved courses. Contractor/
Supervisor (contingent).
(3)(a) Training provider. DeLisle
Consulting and Laboratories. Inc.. 2401
East Milham Ave.. Kalamazoo. MI 49002.
Attn: Mark DcLisle (616) 343-9698.
(b) Apprised courses. Contractor/
Supervisor (contingent).
(4)(a) Training provider. Heat & Frost
Insulators Local 17. Apprentice Training
Center. 3850 South Racine Ave..
Chicago. IL 60609. Attn: John P. Shine
(312) 247-1007
(b) Approved courses. Abatement
Workers (contingent).
(5)(a) Training provider. l.P.C.
Chicago, 4309 West Henderson. Chicago.
IL 60641. Attn: Robert C. Cooley (312)
973-3495.
(b) Appr
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 / Notices 41903-41905
approved by EPA. The courses are listed
under (b). This approval is subject to the
~ iof certification indicated after the
i name. Courses are listed in
abetical order and do not reflect a
prioritization. Approvals for Region VII
training coureeo and contact points for
each, are as follows:
(l)(a) Training provider. Hall-Kimbrell
Environmental Services. 4640 West 15lh
St.. Lawrence. KS 66046. Attn: Alice
Hart (913) 74»-2381.
(b) Approvedcourses. Contractor/
Supervisor (full from 8/17/87).
Abatement Worker (full from 8/17/87).
Project Designer (full from 8/17/87).
Inspector/Management Planner (full
from 8/17/87).
(2)(a) Training provider. Mahew
Environmental Training Assoc.. Inc.
(META). P.O. Box -.961. Lawrence. KS
66044. Alln: Brad Mayhew (9:3) 842-
6382.
(b) Approved courses. Contractor/
Supervisor (contingent). Abatement
Worker (contingent).
(3)(a) Training provider. The
University of Kansas National Asbestos
Training Center, 6600 College Blvd..
Suite 315, Overland Park. KS 66211.
Attn: Lani Himegamer (913) 491-0181.
(b) Approved courses. Contractor/
Supervisor (contingent). Contractor/
(interim from 6/85-9/9/87).
Worker (contingent).
Region VIII—Denver, CO
Regional asbestos coordinator. David
Combs. [8AT-TS], EPA, Region VIII. 1
Denver Place, 999-18th St.. Suite 1300,
Denver, CO 80202-2413. (303) 564-1730.
(FTS) 564-1742.
Ust of approved courses. The
following training courses have been
approved by EPA. The courses are listed
under (b). This approval is subject to the
level of certification indicated after the
course name. Courses are listed in
alphabetical order and do not reflect a
prioritization. Approvals for Region VIII
training courses and contact points for
each, are as follows:
(l)(a) Training provider. Northern
Engineering and Testing. Inc. 600 South
25th Street. P.O. Box 30615, Billings. MT
59107 Attn: Kathleen Smit (406) 2-»(^
9161.
(b) Approved courses. Asbestos
worker (contingent).
(2)!a) Trainir.gprovider. Rocky
Mountain Center for Oi.cupaiior.al and
Environmental Health. Building 512.
University of Utah. Salt Lake City. UT
84112. Attn: Jeffery Lee (801) 581-5710.
(b) Approved courses. Contractor/
Supervisor (contingent).
Region IX—San Francisco. CA
Regional asbestos coordinator. Joanne
Semones. [T-52J, EPA. Region IX. 215
Fremont St., San Francisco. CA 94105.
(415) 974-7290. (FTS) 454-7290.
List of approved courses. The
following training courses have been
approved by EPA. The courses are listed
under (b). This approval is subject to the
level of certification indicated after the
course name. Courses are listed in
alphabetical order and do not reflect a
prioritization. Approvals for Region IX
training courses and contact points for
each, are as follows:
(l)(a) Training provider.
Environmental Sciences. 375 S. Meyer.
Tucson. AZ 85701. Attn: Dale Keyes
(602) 577-1764.
(b) Approved courses. Inspector/
Management Planner (full).
(2)(a) Training provider. University of
California at Berkeley Pacific Asbestos
Information Center. U.C. Extension. 2223
Fulton St.. Berkeley. CA 94720. Attn:
Debra Dobin (415) 643-7143.
(b) Approved courses. Contractor/
Supervisor (full from beginning).
Region X—Seattle. \VA
Regional asbestos coordinator.
Walter jasper. EPA. Region X. 1200
Sixth Ave.. Seattle. VVA 98101. (206) 442-
2870, (FTS) 399-2870.
List of approved courses. The
following training courses have been
approved by EPA. The courses are listed
under (b). This approval is subject to the
level of certification indicated after the
course name. Courses are listed in
alphabetical order and do not reflect a
prioritization. Approvals for Region X
training courses and contact points for
each, are as follows:
No approvals for Region X.
Dated: October 17. 1987.
L0e M. Thomas,
Administrator.
[FR Doc. 87-24939 Filed 10-29-87; 8:45 am]
NUJNOCOOC IMO-40-M
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APPENDIX F
INSPECTOR TIPS
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TIPS FOR CONDUCTING OPENING CONFERENCE
The inspector should do the Following during the opening conference:
• Try to establish a good rapport with LEA officials, especially the Designated
Person.
• Be prepared to answer questions concerning AHERA, the AHERA Schools
Rule, and inspection procedures and to provide copies of the rule and other
EPA guidance materials relating to AHERA upon request.
• Acknowledge, up front, that the iaspection may cause some disruption to the
daily routine ut the LEA and its school buildings and that every attempt will be
made to keep any disruptions to a minimum.
• Listen carefully to questions and concerns from LEA representatives about the
inspection and try to address them.
• Bear in mind that schools originally selected for inspection may change based
upon information discovered at the LEA and or school within the LEA.
• Be aware that s/he may need to complete all four sections of the Checklist,
which are:
— inspecting the management plan at the LEA administrative office
— inspecting school management plans and school buildings (i.e., conducting
the walk-through iaspection of selected schools within the LEA
— determining compliance with AHERA response action provisions
— determining compliance with AHERA exclusion provisions.
F-l
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TIPS FOR INSPECTOR UPON ARRIVAL AT SCHOOL
Upon arrival at a school selected for inspection, the inspector should do the following:
• Enter the facility through main entrance unless the LEA designates a different
entrance.
• Present credentials to school representative^) (although presentation is only
required to be made at the LEA site; see Chapter VI, A, 3).
• Request that the school representative(s) be the liaison between the school
inspector and the employees (e.g., teachers, custodians) as necessary during the
iaspcction.
• Establish a rapport with the secretary at the school, as this person will likely be
of the most assistance to the inspector concerning the location of the
management plan and associated records.
• Request a quiet room or area in the school to use to review the management
plan.
• Ensure that all required management plan records (i.e., records required under
§763.94: "living documents") are available for review as they are sometimes
stored separately from the management plan.
• Request that a member of the school's maintenance (or custodial) staff
accompany the inspector on the inspection.
• Request a copy of the floor plan of the school for ase during the walk-through.
• Ensure that all necessary equipment for conducting the inspection is on hand
(e.g., a ladder for looking above drop ceilings, etc.) (see Chapter V, for
suggested equipment list).
F-2
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TIPS ON CONDUCTING THE WALK-THROUGH
The following is a list of tips on conducting an efficient walk through:
• Take along the Checklist (at least the school section, pages 7-12 of the
Checklist); the walk-through form (page 19 of Appendix E); a copy of the school
floor plan (to ensure that all rooms and areas in the school are inspected); and
a field logbook to take notes as necessary.
• Request the accompaniment of a member of the maintenance staff.
• Bring all necessary equipment (e;g., ladder, camera).
• Identify and record on the walk-through form all .homogeneous areas (whether
suspect or not), including square or linear feet of such areas.
• Take any necessary photographs that may be helpful to EPA (and State) CDOs
in subsequent case development and enforcement efforts.
F-3
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TIPS FOR COMPLETING THE RESPONSE ACTION SECTION OF THE CHECKLIST
• As this section of the Checklist need be completed only if a response action
occurred at the school to be inspected, the inspector should determine first
whether such a response action occurred. Therefore, s/he should review the
management plan for that school which, in accordance with §763.94(b)(l), must
contain descriptions of any response actions taken. Once it is determined that
a response action occurred, the inspector should follow the steps below, to
complete the response action section of the checklist.
• Provide accreditation information pertaining to workers (see page 12, Part VII,
A, of the Checklist) by obtaining a list of the workers from the project designer,
LEA, or the abatement contractor during follow-up (see Chapter IX, B).
» Obtain the name and accreditation number of the project designer from records
required to be kept under §763.94(b)(l).
• Ascertain whether a proper number of air clearance samples was collected (see
page 15 of the Checklist) by obtaining copies of drawings or diagrams of
functional spaces from the air sampling agency during follow-up.
• Obtain disposal records from the LEA project designer or abatement
contractor.
• Obtain answers to questions on the Checklist pertaining to laboratory contractor
responsibilities (page 15 of the Checklist) by reviewing management plan
records required under §763.94.
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TIPS ON CONDUCTING CLOSING CONFERENCE
• Provide LEA with a copy of the Receipt for Samples and Documents.
• Provide LEA with a copy of the Summary of Observations.
• Discuss the Summary of Observations.
• Obtain copies of management plans components or other records needed by the
inspector as attachments to the inspection report (see Chapter IX).
• Supply the Designated Person with a dated list of outstanding documents or
records that are not immediately available to the inspector—the inspector and
Designated Person should agree on a specific date for submission of outstanding
documents and such a date should be identified in the list.
• Answer questions from the Designated Person and other attendees concerning
the inspection and/or AHERA.
• Discuss actions that the LEA may take to correct potential violations of AHERA
and how to document such actions.
• Provide public outreach information to such attendees if requested.
F-5
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F-6
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APPENDIX G
ABBREVIATED NESHAP COMPLIANCE
REFERRAL FORM
-------
ABBREVIATED NESHAPs COMPLIANCE REFERRAL FORM
(for AHERA INSPECTOR)
INSPECTION DATE:
SCHOOL NAME:
ADDRESS:
CITY/STATE/ZIP:
GRADES (i.e., K, K-12, etc.)
Telephone No.:
SCHOOL OWNERS NAME:
ADDRESS:
CITY/STATE/ZIP: (_
Telephone No.:
ASBESTOS REMOVAL CONTRACTOR INFORMATION:
NAME: '
ADDRESS:
CITY/STATE/ZIP:
Telephone No.:
Did you observe an asbestos removal in progress? Yes No
[If yes, indicate method of removal, i.e., glovebag, handstripping, machine stripping, etc.)
PIPES: .
BOILER/FURNACE:
DUCTS:
CEILING:
ABBREVIATED NESHAPs COMPLIANCE REFERRAL FORM
Revised 6/92
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FLOOR(S):
WALLS:
LABORATORY HOODING:
ROOF:
If removal was outside, was temperature below 32 degrees F? Yes No
ESTIMATE THE AMOUNT OF ASBESTOS REMOVED:
Linear feet on pipes:
Square feet on other components:
Describe method used to calculate the estimated amounts:
Where any facility components (i.e., pipes, ducts, boilers, tanks or furnaces)
covered with asbestos being taken out in units or sections? Yes No
Was a containment barrier used? Yes No
Was the containment area under negative pressure? Yes No
Was the asbestos wetted down before removal? Yes No Not determined
Were hoses, portable water pumps, sprayers, or other
sources of water available? Yes No
If yes, please describe:
xvEPA
ABBREVIATED NESHAPs COMPLIANCE REFERRAL FORM
2 Revised 6/92
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Was any of the material being removed dropped or thrown to the floor? Yes No N/A
Were there any chutes for conducting waste from the upper floors
to the ground? Yes No N/A
Was the waste being placed in bags or drums? Yes No N/A
Was the wastes being wetted down before and/or after it was bagged? Yes No N/A
Where were the waste bags stored before disposal?
Was there any dust inside or outside of the containment area? Yes No N/A
If yes, please describe:
AHERA INSPECTOR'S NAME DATE
&EPA
ABBREVIATED NESHAPs COMPLIANCE REFERRAL FORM
3 Revised 6/92
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APPENDIX II
ABBREVIATED AHERA COMPLIANCE
REFERRAL FORM
-------
ABBREVIATED AHERA COMPLIANCE REFERRAL FORM
(forNESHAPs INSPECTOR)
LEA:
( ) Public or ( ) Private Grades (i.e., K -12)
ADDRESS:
CITY/STATE/ZIP:
Telephone:
Designated Person:
Telephone:
SCHOOL:
ADDRESS:
CITY/STATE/ZIP:
Telephone:
ABATEMENT PROJECT DESCRIPTION (including size of project):
WAS PROJECT SUPERVISOR ACCREDITED? Yes No
PROJECT SUPERVISOR'S STATE/ACCREDITATION NUMBER:
ON THE BACK OF THIS SHEET, LIST EACH WORKER, STATE/ACCREDITATION NUMBER, AND
DATE OF ACCREDITATION.
WAS AIR CLEARANCE IN PROGRESS? Yes No
NAME OF PERSON CONDUCTING CLEARANCE:
AFFILIATION:
EPA
ABBREVIATED AHERA COMPLIANCE REFERRAL FORM
Revised 6/92
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LABORATORY CONTRACTED TO ANALYZE SAMPLES:
NAME:
ADDRESS:
CITY/STATETZIP:
Telephone:
DATE OF ANALYSIS:
DATE RESULTS PROVIDED TO LEA:
TYPE OF ANALYSIS: TEM PCM
WAS THE MANAGEMENT PLAN AVAILABLE FOR INSPECTION? Yes No
LOCATION OF PLAN:
@ LEA SITE:
@ SCHOOL SITE:
WAS THE ABATEMENT PROJECT INCLUDED IN THE PLAN? Describe:
NESHAP INSPECTOR'S NAME DATE
vvEPA
ABBREVIATED AHERA COMPLIANCE REFERRAL FORM
Revised 6/92
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APPENDIX I
GLOSSARY OF TERMS
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GLOSSARY
ACCESSIBLE
When referring to ACM, the material is subject to disturbance by school building occupants or
custodial or maintenance personnel in the course of their normal activities.
ACCREDITATION NUMBER
A unique number assigned to an individual who has successfully completed an EPA/State approved
accreditation course.
ACCREDITED or ACCREDITATION
When referring to a person or laboratory, that such person or laboratory is accredited in accordance
with Section 206 of Title II TSCA.
ACCREDITED PERSON
A person who has taken an EPA-approved training course and has successfully passed an
examination. Schools must use accredited persons to conduct initial ACM identification inspections,
develop ACM management plans, design and carry out response actions (including abatements), and
conduct reinspe'ctions.
ACCREDITED WORKER
Workers who have attended an EPA/State approved asbestos worker training course.
ACM CONDITION
1. DAMAGED: ACM showing physical injury or deterioration such that the internal structure of
the material is inadequate, or which has delaminated such that its bond to the substrate is inadequate,
or which lacks fiber cohesion or adhesion properties for any other reason, or where TSI lacks part or
all of its, covering. Such damage may be illustrated by the separation of ACM into layers; flaking,
blistering, or crumbling; water damage or stains; scrapes, mars, or gouges; exposed TSI beneath its
covering.
2. SIGNIFICANTLY DAMAGED: ACM showing damage that is extensive and severe.
ACTION LEVEL
An airborne concentration of asbestos of 0.1 fiber cubic centimeter (f/cc) of air calculated as an 8-
hour time-weighted average.
1-1
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ADMINISTRATION
U.S. Environmental Protection Agency.
AIR CLEARANCE
Sampling of air following response actions to determine whether air meets regulatory clearance
requirements. Laboratory analysis is conducted using TEM and PCM.
ASBESTOS
The asbestiform varieties of: Chrysotile (serpentine); Crocidolite (riebeckite); Amosite
(cummingtonitegrunerite); Anthophylite; Tremolite; and Actinolite.
ASBESTOS DEBRIS
Pieces of ACBM that can be identified by color, texture, or composition, or dust, if the dust is
determined by a accredited inspector to be ACM.
ASBESTOS-CONTAINING BUILDING MATERIAL (ACBM)
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-CONTAINING MATERIAL (ACM)
When referring to school buildings, any material or product that contains more than 1 percent
asbestos as determined using methods in Appendix A, Subpart F of 40 CFR Part 763 PLM.
CONTRACTOR SUPERVISOR
The contractor supervisor (may be referred to as the foreman or leadman) must have attended an
EPA/State approved contractor/supervisor training course.
DAMAGED OR SIGNIFICANTLY DAMAGED THERMAL SYSTEM INSULATION
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, water-stained, 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 the protective coverings/jackets; or exposed ACM ends
or joints. Asbestos debris originating from the ACBM in question may also indicate damage.
DAMAGED FRIABLE MISCELLANEOUS ACM
Friable miscellaneous ACM that has deteriorated or sustained physical injury such that the internal
structure (cohesion) of the material is inadequate or, if applicable, that has delaminated such that its
1-2
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bond to the substrate (adhesion) is inadequate or that 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
Friable surfacing ACM that has deteriorated or sustained physical injury such that the internal
structure (cohesion) of the material is inadequate or that has delaminated such that its bond to the
substrate (adhesion) is inadequate, or that, 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.
DEMOLITION
The wrecking or taking out of any load-supporting structural member and any related razing,
removing, or stripping of asbestos products.
DESIGNATED PERSON
Each LEA is required to designate one individual to be responsible for ensuring that the general
requirements of the LEA under §763.84 are properly implemented.
' i .'
ENCAPSULATION |
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 !
An airtight, impermeable, permanent barrier around ACM to prevent the release of asbestos fibers
into the air.
EPA
The United States Environmental Protection Agency.
FIBER RELEASE EPISODE
Any uncontrolled or unintentional disturbance of ACBM resulting in visible emission.
1-3
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FRIABLE
When referring to material in a school building, material that when dry may be crumbled, pulverized,
or reduced to powder by hand pressure, and includes previously nonfriable material after such
material becomes damaged to the extent that when dry it may become crumbled, pulverized, or
reduced to powder by hand pressure.
FRIABLE ASBESTOS MATERIAL (as determined using method in Appendix A, Subpart F of
40 CFR Part 763, Section 1, PLM)
Any material containing more than 1 percent asbestos by weight that, when dry, may be crumbled,
pulverized, or reduced to powder by hand pressure.
FUNCTIONAL SPACE
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 action.
HIGH-EFFICIENCY PARTICULATE AIR (HEPA)
Refers to a filtering system capable of trapping and retraining at least 99.97 percent of all
monodispersed particles 0.3 um in diameter or larger.
HOMOGENEOUS AREA
An area of surfacing material, thermal system insulation material, or miscellaneous material that is
uniform in color and texture.
LOCAL EDUCATION AGENCY (LEA)
(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 dependents' education system
provided for under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921, et. seq.).
MISCELLANEOUS ACM
Miscellaneous material that is ACM in a school building.
1-4
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MISCELLANEOUS MATERIAL
Interior building material on structural components, structural members or fixtures, such as floor and
ceiling tiles, that does not include surfacing material or thermal system insulation.
NONFRIABLE
Material in a school building that when dry may not be crumbled, pulverized, or reduced to powder
by hand pressure.
OPERATIONS AND MAINTENANCE PROGRAM (O&M)
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.
PHASE CONTRAST MICROSCOPY (PCM)
A method of analyzing air samples that may be used following response actions, other than small-
scale, short-duration activities, and less than 160 square feet or 260 linear feet.
POTENTIAL DAMAGE
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 damaged, deteriorated, or delaminated clue to factors such as changes in building use, changes
in operations and maintenance practices, changes in occupancy, or recurrent damages.
POTENTIAL SIGNIFICANT DAMAGE j
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.
(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
1-5
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Actions taken to reduce disturbance of ACBM or otherwise eliminate the reasonable likelihood of the
material's becoming damaged or significantly damaged.
REMOVAL
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
Repair refers to procedures used to patch or cover damaged asbestos-containing materials other than
enclosure or encapsulation. Examples include covering the damage with plastic sheeting, duct tape,
or plaster.
RESPONSE ACTION
A method, including removal, encapsulation, enclosure, repair, operations and maintenance, that
protects human health and the environment from friable ACBM.
ROUTINE MAINTENANCE AREA
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
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
(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 that 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) of the
regulations.
(5) Any portico or covered exterior hallway or walkway.
(6) Any exterior portion of a mechanical system used to condition interior space.
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SIGNIFICANTLY DAMAGED FRIABLE MISCELLANEOUS ACM
Damaged friable miscellaneous ACM where the damage is extensive and severe.
STATE
A State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
Northern Marianas, the trust Territory of the Pacific Islands, and the Virgin Islands.
SURFACING MATERIAL
Material in a school building that is sprayed-on, troweled-on, or otherwise applied to surfaces, such
as acoustical plaster on ceilings and fireprooting materials on structural members, or other materials
on surfaces for acoustical, fireproofing, or other purposes.
THERMAL SYSTEM INSULATION (TSI)
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. ,
I
THERMAL SYSTEM INSULATION ACM
Thermal system insulation that is ACM.
TOXIC SUBSTANCES CONTROL ACT I
The Toxic Substances Control Act (TSCA), 15 U.S.C. 2601, et. seq.
I
TRANSMISSION ELECTRON MICROSCOPY (TEM)
A method of analyzing air samples for asbestos fibers using a transmission electron microscope and
possibly associated instruments for further identifying asbestos. TEM is to be used for jobs greater
than 260 linear feet for 160 square feet. !
1-7
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I-S
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APPENDIX J
REFERENCE LIST
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REFERENCE LIST
For a copy of any one of the following, contact the Toxic Substance Control Act Assistance Information
Service (TSCA Hotline) at (202) 554-1404, unless otherwise indicated.
1. ASBESTOS-CONTAINING MATERIALS IN SCHOOLS; DEFERRAL OF DEADLINE
FOR SUBMISSION OF ASBESTOS MANAGEMENT PLANS; NOTICE .FEDERAL
REGISTER, AUGUST 2, 1988
2. 100 COMMONLY ASKED QUESTIONS ABOUT THE NEW AHERA ASBESTOS-IN-
SCHOOLS RULE, MAY 1988
3. COMPLIANCE MONITORING STRATEGY FOR THE ASBESTOS HAZARD
EMERGENCY RESPONSE ACT (AHERA), OCTOBER 5, 1988: CONTACT OFFICE OF
COMPLIANCE MONITORING AT EPA HEADQUARTERS
5. INTERIM FINAL ENFORCEMENT RESPONSE POLICY FOR THE ASBESTOS
HAZARD EMERGENCY RESPONSE ACT, JANUARY 31, 1989: CONTACT OFFICE
OF COMPLIANCE MONITORING AT EPA HEADQUARTERS
6. A GUIDE TO PERFORMING REINSPECTIONS UNDER THE ASBESTOS HAZARD
EMERGENCY RESPONSE ACT (AHERA), FEBRUARY 1992
7. AHERA REACCREDITATION MEMORANDUM, AUGUST 9, 1991: CONTACT
OFFICE OF COMPLIANCE MONITORING AT EPA HEADQUARTERS
8. ASBESTOS ABATEMENT PROJECTS; WORKER PROTECTION; FINAL RULE
FEDERAL REGISTER, FEBRUARY 25, 1987
9. FINAL COMPLIANCE MONITORING STRATEGY ASBESTOS ABATEMENT
PROJECTS, WORKER PROTECTION RULE, NOVEMBER 14, 1988; CONTACT OFFICE
OF COMPLIANCE MONITORING AT EPA HEADQUARTERS
10. ENFORCEMENT RESPONSE POLICY ASBESTOSABATEMENT PROJECTS; WORKER
PROTECTION; FINAL RULE, NOVEMBER 14, 1989; CONTACT OFFICE OF
COMPLIANCE MONITORING AT EPA HEADQUARTERS
11. GUIDANCE FOR CONTROLLING ASBESTOS-CONTAINING MATERIALS IN
BUILDINGS, (THE "PURPLE BOOK"), JUNE 1985
12. MODEL ACCREDITATION PLAN, FEDERAL REGISTER, APRIL 30, 1987
13. NATIONAL DIRECTORY OF AHERA ACCREDITATION COURSES (NDAAC)
AVAILABLE TO STATE AND EPA REGIONAL INSPECTORS BY CALLING THE
NDAAC HOTLINE AT 301-984-1929. ASK FOR JOYCE DOE.
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