r,EPA United States Environmental Protection Agency Office of Air Quality Planning and Standards Washington, DC 20460 EPA-340/1-90-004a December 1990 Stationary Source Compliance Series AHERA Training Workshop for NESHAP Inspectors Student Manual ------- EPA-340/1-90-0043 AHERA Training Workshop for NESHAP Inspectors Student Manual U.S. ENVIRONMENTAL PROTECTION AGENCY Office of Air Quality Planning and Standards Stationary Source Compliance Division Washington, DC 20460 December 1990 ------- DISCLAIMER This document was prepared under contract to an agency of the United States government. Neither the United States Government nor any of their employees makes any warranty, expressed 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 of commercial products does not constitute endorsement bv the U.S. Environmental Protection Agency. ACKNOWLEDGMENTS This document was prepared for the U.S. Environmental Protection Agency (EPA) by Alliance Technologies, Inc. under Contract No. 68-02-4465. Alliance appreciates the support and input given by the EPA Project Manager, Ms. Omayra Salgado during the preparation of this document. We would like to thank for their review and comments Linda Flick, Office of Compliance Monitoring, Phil King, of the Office of Toxic Substances, Liz Wilde, Region IV, John West, Region VI and Greg Crable, Region VH. Their input is gratefully acknowledged. ii ------- Table of Contents Section Page Figures vi Tables v i BACKGROIJT’ D IT”JFORF414t’FION .,fl . . .n...flfl......fl...........n.nn .....nn..... ....n......... 1 .’ l INTRODUCTION 1-i QUALIFICATIONS AND ROLE OF THE INSPECTOR 1.1 PREPARING FOR AN INSPECTION 1-2 2 REGULATORY OVERVIEW ••,••••••• .••• . . . ..._ .... .. .fl.. .._..... 2—1 Clean Air Act (CAA) 2-2 Resource Conservation Recovery Act (RCRA) 2-3 Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) 2-4 Toxic Substances Control Act (TSCA) 2-5 1982 Asbestos-in-Schools Rule (40 CFR Part 763) 2-5 Asbestos School Hazard Abatement Act (ASHAA) (40 CFR Part 763) 2-5 Asbestos Hazard Emeigency Response Act (AHERA) (40 CFR Part 763 Subpart E) 2-6 Worker Protection Rule (WPR) (40 CFR Part 763 Subpart 6) 2-6 Asbestos Ban and Phase-out Rule 2-7 3 ASBESTOS HAZi4.RD EMERGENCY RESPONSE ACT (AHERA) OVERVIEW...........................3-1 ASBESTOS-CONTAINING MATERIALS IN SCHOOLS 3-1 MODEL ACCREDiTATION PLAN 3-3 LABORATORY ACCREDITATION 3-3 S’l’i ’l’E R.EQt.JIREI I4I’S ........•.......... ...... .... 3—3 4 GENERAL LOCAL EDUCATION AGENCY RESPONSIBILITIES 4-1 LEA RESPO1. SIBIL.l’rIES ._ —. — •4• 4—1 Use of A p tiopriate Personnel .. 4—1 Accreditation Training l equirements. . ..... . .. .. 4—2 Custodial and Maintenance Employee Trainin -. . 4-3 Notification Requirements... ..n......nn...n ._.... .. 4.3 Short—term ‘oitcr I’4otiflcauon .. ....•.... . ..... . . ...... .. . 4—4 V/arning 1 abels........... ....... . ........ ....... . .. . ....... 4—4 A ai1abiIity of Management Plaits . .. ...... .. 4.4 Designated Pan •.........................._............._.................. .... . .. .S ... .. ... ... 4 5 Conflict of Interest. ... 0 . . . ._.. ... .. .....__. .. 4—5 5 INSPECTION, ASSESSMENTS, RE1NSPECTIONS AND EXCLUSIONS 5-1 ‘IERMS........O...... .. .. 5—1 SCHOOL II. SPEC”rIONS .... •••• .•• .,•••. 5—2 AS SESSJvlE1 t!’ OP ACB 1vL........... .. . .. . ... .. .n......fl,.fl..,.. ...,.. . .... 5—3 R.EII’ SPECI’lONS .. 5—4 EXCI..lJSIOI IS .. . ....... .. ......... . . 5.5 U I ------- Table of Contents Section Page 6 SAMPLING AND ANALYSIS 6-1 IMPORTANT TERMS 6-1 SAMPLING 6-2 Surfacing materials 6-2 Thermal System Insulation (TSI) 6-2 Miscellaneous material 6-3 Nonfriable suspected ACBM 6-3 ANALYSIS 6-3 7 RESPONSE ACTIONS ........_ ._. _..... __... .. .. ... ....... 7—1 IMPORTANT TERMS 7-1 SELECTION OF RESPONSE ACTIONS 7-3 Response Options 7-4 Use of Accredited Personnel 7-5 Applicable Regulations 7..5 COMPLETION OF RESPONSE ACTIONS 7.5 Clearance Air Monitoring 7..5 Job Con pIetion 7—6 Clearance Air Analysis Timeline 7-6 $ OPERATIONS A.Nl) ..._.. S—i IMPORTANT TERMS 8-1 APPLICABILITY 8-2 \7 rORKER PRO’rEC.TIOlI 8—2 CLEANING Initial 8-2 Additional cleaning 8-3 OPER.AFIONS IAJ D I%1.A1I’ FEI-4A.NCE ACFIVrI’IES 8—3 O&M ACTIVITIES OTHER THAN SMALL-SCALE. SHORT- DURATION 8-3 FIBER RELEASE EPISODES .. .. 8-3 ] 1inor Fiber Release Episode .fl.... . . 8—4 Major Fiber Release Episode — . .— —•- — 8-4 9 TRAINING AND PERIODIC SURVEILLANCE - ---............ 94 TR . .INII’IG 9—1 A vareness Training .... . . . .. 9—1 16—hour ‘l’rainin 9—2 PERIODIC StJR\r.EIj_j_,AI.JCE 9—2 10 PL.APJS _ .n........ _ n. .ss _ .. .n _ u .n _ ___ s _ • __ tl . .. ..n ... ............,.. .. .... . . . . . ..... . . . . ... __ . 10—1 I..EA R ESPONSIBII_I’1IES io— i ManagementPlanSubmiual io-i Acquisition of Additional SchoOl Bwldmgs 10-2 Altered tJse of a Builclirt 10—2 State Recjuiren ents **..*•**•ö 10—3 Implementation of the Management Plan 10-3 Devclojnncnt and Revisions of ?vlanagelfleflt Plans 10—3 Components of the Management Plan 10-3 Management Planner Certification 10-5 iv ------- Table of Contents Section Page Maintenance of the Management Plan . 10-5 Recordkeeping Requirements 10-5 Certification Statement 10-5 11 RECORDKEEPIT rJG.. ______.__ ._.. . _..._...._._ ._.__. .enn...n...nn...n.............. ..... 11—1 PREVENTIVE MEASURES AND RESPONSE ACTIONS 11-1 TRAiNING 11-2 PERIODIC SURVEILLANCE 11-2 CLEANING 11-2 OPERATIONS AND MAINTENANCE ACTIVITIES 11-2 MAJOR ASBESTOS ACTIVITthS 11-2 FIBER RELEASE EPISODES 11-2 12 COMPLIANCE A.I J1I ENFORCEMEN1’ n...n.n.n.. n..n . . ..n..n . .n........ . ...n n 12—1 TSCA TITLE I 12-1 Definitions 12—1 Inspections and Subpoenas (Section 11) 12-1 Prohibited Acts 12-1 Penalties 12—2 Specific Enforcement and Seizure (Section 17) 12-2 Preemption (Section 18) 12-2 COMPLIANCE WITH TITLE II OF THE ACT 12-2 CITIZEN COMPLAINTS 12-3 AHERA ENFORCEMENT RESPONSE POLICY 12-3 Introduction 12—3 Administrative Civil Penalties 12-4 Notices of Noncompliance 12-5 Injunctive Relief 12—6 flllflSl Penalties • . 12-7 Press Releases 12—7 Notification of State Governors 12-7 Referrals to Headquarters ... 12-7 I..iabi lity _ . 12—7 ASSESSING ADMINISTRATIVE CIVIL PENALTIES AGAINST AN LEA 12-8 ViOlatiOnS a ..nn...... . . 12—8 Ivlultiple l7iolations ... ... .............. ss..a........... •..... ..n.. ..... 12—10 One Day or Per Day Assessments 12-10 Calculating the Administrative Civil Penalty for the LEA..... 12-10 ASSESSING ADMINISTRATIVE CIVIL PENALTIES AGAINST PERSONS OTHER FIiA.N 1’.} E L.E 4 6. .. . . 12—14 Calculating the Administrative Civil Penalty for “Other PerSOnS” 12-14 Settlenient with Conditions , 12—16 LEA EmplOyees as “Other Persons” 12-16 ASSESSING ADMINISTRATIVE CIVIL PENALTIES AGAINST PRIVATE ?JO1 PROPT’1’ SCHOOLS ... . .•••.._..... ..... 12—17 V ------- Table of Contents Section Page 13 TRANSPORT AND DISPOSAL OF ASBESTOS W’ASTE ........ ..... .... 13—1 RECORDKEEPING 13-1 WASTE HANDLING 13-2 WASTE TRANSPORT AND DISPOSAL 13-2 DISPOSAL FACILITY SELECTION 13-2 ASBESTOS WASTE LANDFILL OPERATION 13-3 Appendices A Guidance for Coordination of Asbestos NESHAP-AHERA Compliance Inspections. EPA Memorandum, June 5, 1989 A-i B Asbestos-Containing Materials in Schools: Final Rule and Notice. EPA 40 CFR Part 763 (52 FR 41826), October 30, 1987 B-I C Asbestos-Containing Materials in Schools: Model Accreditation Plan. EPA 40 CFR Part 763 (52 FR 15875), April 30, 1987 c-i D Compliance Inspection Outline for Asbestos Hazard Emergency Response Act (AHER.A), EPA, Octct,er 1988 D— 1 E 100 Commonly Asked Questions About the New AHERA Asbestos-in-Schools Rule E-1 F Glossary F—i R References R- 1 Tables 2-1 Asbestos Ban and Phase-out Rule 2-7 3-1 Subpart E - Mbestos-Con’ ng Materials in Schools - Table of Contents 3-2 12—1 Base Penalty for I.E’. . .. ... . .......... 12—1 1 12-2 Base Penalty for “Other Persons” .. .. .. 12-15 Figures 4-1 Asbestos warning label 4.4 vi ------- SECTION 1 BACKGROUND INFORMATION INTRODUCTION On June 5, 1989, a memorandum (Appendix A of this manual) concerning coordination of asbestos NESHAP-AHERA compliance inspections was issued by EPA’s John S. Seitz, Director of Stationary Source Compliance Division (SSCD), Office of Air Quality Planning and Standards (OAQPS) and Connie A. Musgrove, Chief Executive Officer, Office of Conpliance Monitoring (0CM). The memorandum referenced the September 29, 1988 integration ofAgency Asbestos Activities Memorandum signed by the Assistant Administrators of OAR, OPTS, and OECM which was sent to the Regional Administrators requesting a plan that addresses the multiple aspects of asbestos activities throughout the Agency. Integration plans received from the Regional Offices indicated that coordinated NESHAP/AHERA inspections were appropriate and should be considered in the normal course of business. The Seitz/Musgrove memorandum solicited participation in a program which coordinates NESHAP and AHERA compliance inspections to take place between June and August 1989, a time in which a large number of asbestos removal projects (demolition/renovation under NESHAP) in schools was expected to take place. Since these were considered “high risk” projects, it was suggested that they be targeted for NESHAP/AHERA compliance inspections. The results of these inspections were to provide a statistical basis for future compliance activities at these sites. An evaluation of this special effort took place in September and October of 1989. Although this manual has been designed to instruct EPA’s regulatory inspectors in the provisions of the AHERA regulation, it is also appropriate for State and local regulatory inspectors involved in such enforcement. Additional information may be found in the regulations, policies, memoranda, inspection forms and other pertinent documents provided as appendices in this manual. QUALIFICATIONS AND ROLE OF THE INSPECTOR Inspectors conducting NESHAP/AHERA inspections are expected to have attended the initial EPA Inspector Training Course, the Asbestos NESHAP Demolition and Renovation Inspection and Safety Procedures Workshop and the AHERA Training Course. It is also recommended that inspectors attend an EPA- or State-approved AHERA Contractor/ Supervisor course in order to learn what information contractors and supervisors are receiving regarding their responsibilities concerning asbestos abatement activities. 1—1 ------- In addition, since NESHAP and AHERA inspections vary so greatly in their approach (NES HAP inspections typically involve observation of work practices, whereas AHERA inspections entail extensive document review), NESHAP and AHERA inspectors are encouraged to accompany one another during their respective inspections to benefit from each other’s experience. In deference to the SeitzlMusgrove memorandum regarding joint NESHAP/AHERA inspections, a NESHAP inspector conducting an inspection at a school is requested to complete an abbreviated checklist of pertinent AHERA information (see Appendix A) and submit this to the AHERA group for review and possible action. On the checklist inspectors ar expected to note the following: LEA name and address; designated person identity and phone number; description of the abatement project (e.g., size of the project, how the work area is contained, work practices in use, etc.); • accreditation of supervisor and workers (State, accreditation numbers, dates) if applicable, type of air clearance in progress, who was conducting it and affiliation; • laboratory contracted to analyze samples and type of analysis; and availability and location of the Management Plan. PREPARING FOR AN INSPECTION Regulatory inspectors planning to conduct an AHERA inspection at a school undergoing active abatement should contact the LEA in advance to explain the purpose of the inspection and to request that records required to be kept under AHERA be nwle available for review at the time of the inspection. Inspectors should bring with them all protective equipment necessary to conduct an active abatement inspection and choose appropriate gear according to the guidelines detailed in EPA’s Health and Safery Guidelines for EPA Asbestos Inspectors. A list of equipment necessary to conduct an active abatement inspection can be found in the EPA document, Asbestos NESHAP Demolition and Renovation Inspection and Safety Procedures Field Manual. 1-2 ------- SECTION 2 REGULATORY OVERVIEW Over the past two decades people have become acutely aware of the potential hazards of inhaled asbestos fibers. Because of this recognition, regulations have been developed by Federal, State and local agencies to protect workers and also to protect the general public living near sources that have a potential to release asbestos fibers. The overall configuration of the U.S. Federal government relative to the regulation of asbestos is illustrated below. • OSHA • NIOSH • OAR • OPTS •OSw Within the DOL (Department of Labor), OSHA (Occupational Safety and Health Administration) has developed two standards designed to protect employees at their worksites: Asbestos Regulations for General Industry (29 CFR 1910.1001) and Asbestos Regulations for the Construction Industry (29 CFR. 1926.58). NIOSH (National Institute of Occupational Safety and Health), a branch of the DHHS (Department of Health and Human Services), tests respirators and acts as the research arm of OS HA. DOT (Department of Transportation) regulates the transport of commercial asbestos and asbestos waste (49 CFR Part 173 Subpart J) by dictating proper loading and unloading procedures (to ensure the physical integrity of containers) and the labeling of waste bags and transport vehicles. OAR (Office of Air and Radiation), OPTS (Office of Pesticides and Toxic Substances), and OSW (Office of Solid Waste) are three offices of the EPA which also regulate asbestos. 2-1 ------- Within the EPA, the regulation of asbestos has been incorporated into several legislative acts, illustrated and described below. Clean Air Act (CAA) EPA Asbestos Regulations —I I NESHAP Demolition! Renovation I Waste Disposal I The Clean Air Act was enacted by Congress in 1963 as the Nation became acutely aware of the need for federal intervention to abate the threat to public health and welfare that ever- increasing air pollution was creating across the country. The CAA was significantly amended in 1970 and 1977. Asbestos became regulated under Section 112 of the CAA, National Emission Standards for Hazardous Air Pollutants (NESHAP), April 6, 1973. NESHAP outlined procedures of listing and regulating emissions of hazardous air pollutants from stationary sources. Since 1973 NESHAP has been amended several times. It is currently undergoing revision and is expected to be repromulgated in the Pall of 1990. CAA Asbestos Waste Handling 2.2 ------- The purpose of the asbestos NESHAP is to protect the public from exposure to airborne asbestos. Directives concerning the following are major components of the asbestos NESHAP: • asbestos milling, manufacturing and fabricating operations; • surfacing of roadways with asbestos-containing material; • product manufacturing and fabricating operations; • demolition and/or renovation of facilities that contain asbestos material; • spraying and use of insulating materials containing commercial asbestos; waste disposaJ of asbestos-containing materials (ACM); air cleaning deviôes; active and inactive waste disposal sites; reporting of information pertaining to process control equipment, filter devices, asbestos generating processes, etc; and asbestos conversion operations. Resource Conservation Recovery Act (RCRA) RCRA was enacted in 1976 to regulate the management of hazardous waste, to ensure the safe disposal of wastes, and to provide for resource recovery from the environment by controlling hazardous wastes “from cradle to grave.” The statute attempts to address all aspects of hazardous waste management by establishing a three- step process consisting of: 1) Identification and listing of wastes to be regulated as hazards; 2) Tracking of wastes from the point of generation, through transportation, to the site of final treatment, storage, or disposal and 3) Controlling the management practices used during the treatment, storage, and ultimate disposition of these wastes through technical standards, performance standards, and permitting requirements. • Disposal . Reports Releases Site 2-3 ------- Due to Congressional concern, the disposal of asbestos was originally listed by RCRA in 197 6. However, in that same year, because it does not migrate in the soil or pose any threat to ground water, asbestos was delisted by RCR.A and the authority iransferred to NESHAP. Therefore, the current RCRA regulations pertain only to facility siting and general landfill operations involving asbestos. Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) CERCLA was established to provide for liability, compensation, clean- up and emergency response fc ir hazardous substances released into the eiivir r.mcnt and the clean-up of inactive hazardous waste disposal sites. CERCLA is a “catch-all act” that covers releases or threat of releases that may or may not be covered under other acts. CERCLA also adds more strength to the other environmental acts by providing a clear avenue of enforcement for the regulatory agencies and requiring compensation for the costs of damages incurred. CERCLA is most commonly referred to as “Superfund”. The authority of CERCLA, as clarified in the Superfund Amendments Reauthorization Act (SARA), regulates asbestos as a hazardous substance. Reportable quantities have been established to deal with releases or threats of releases of hazardous substances from vessels and from facilities including trucks and landfills. The trigger reportable quantity (RQ) for a release or threat or release of asbestos is one pound. Noncompliance with the provisions of this act may result in prosecution for a felony offense and the assessment of heavy fines. • Inspect Schools • Analyze for ACM • Notification • Recordkeeping • Insp.ct Schools • Management Plans • Response Actions • Training! Accreditation • Notification • Manufacture • Import • Processing • Distribution 2-4 ------- Toxic Substances Control Act (TSCA) TSCA was signed into law October 11, 1976 in recognition that: • human beings and the environment were being exposed to a large number of chemical substances and mixtures; • some of the chemical substances and mixtures being developed and produced, distributed, used or disposed of presented an unreasonable risk of injury to health or the environment; • to effectively regulate interstate commerce of these chemical substances and mixtures, commerce within the States must aJso be regulated. Associated rules and acts include the Asbestos-in-Schools Rule (AIS Rule), Asbestos School Hazard Abatement Act (AS}IAA), Asbestos Hazard Emergency Response Act (AHERA), and Worker Protection Rule (WPR). 1982 Asbestos-in-Schools Rule (40 CFR Part 763) On May 27, 1982, EPA issued a school identification and notification rule which was designed to reduce human exposure to ACMs in school buildings, particularly exposure to peak levels such as those that occur during repair and maintenance work. This rule, which became known as the 1982 Asbestos-in-Schools Rule (AIS Rule), received its authority under the Toxic Substances and Control Act. The AIS Rule required school officials to inspect all school buildings for friable materials, analyze samples of such materials for their asbestos content and keep records of the findings. School district officials who found friable ACM were required to notify employees of its location, provide naRintenance and custodial employees with a guide for reducing asbestos exposure, and notify parent-teacher associations or parents directly of the inspection results. The MS Rule also required that records concerning inspections be accessible to the general public. In addition, although the Rule did not mandate abatement, it did provide guidance for asbestos abatement activities (i.e., removal, encapsulation, enclosure and maintenance). Asbestos School Hazard Abatement Act (ASHAA) (40 CFR Part 763) In 1984, under separate authority, the ASHAA was written to provide a source of special funding for the Asbestos-in-Schools program. The act established a $600 million grant and loan program for schools with demonstrated financial need so that necessary asbestos abatement projects could be conducted. Additionally, the ASHAA program provided for compilation and distribution of information concerning asbestos and funded the start- up of Asbestos Information and Training Centers at Tufts University (Medford, MA), Georgia Institute of Technology (Atlanta) and the University of Kansas (Kansas City). 2-5 ------- Subsequently two other training centers were established - one at the University of Illinois (Chicago) and the other at the University of California (Berkeley). Since December 1984, large numbers of building owners and managers, maintenance personnel, school officials, architects, consultants and abatement contractors and their employees have been taught at these centers. Asbestos Hazard Emergency Response Act (AHERA) (40 CFR Part 763 Subpart E) On October 22, 1986, President Reagan signed into law a major extension of the original Asbestos-in-Schools program. The legislation, which enacted Title II of TSCA (commonly referred to as AHERA), set up a framework for addressing asbestos haLards which might exist in schools. AHERA requires public and private schools (grades K- 12) to conduct inspections for friable and nonfriable asbestos-containing building materials (ACBM) and assess the conditions and hazards of such ACBM. AJiERA also requires schools, based on these inspections, to develop and institute management plans and to conduct reinspections every three years. The provisions of AHERA will be examined in greater detail in subsequent sections of this manual. Worker Protection Rule (WPR) (40 CFR Part 763 Subpart G) In July of 1985, the EPA published a proposed rule, commonly referred to as the Worker Protection Rule (WPR), which became immediately effective. After receiving and considering public comments on this proposed rule, EPA published its Final Rule on worker protection on April 25, 1986. This rule extended the protection of OSHA’s existing asbestos workplace standard to State and local government employees who perform asbestos abatement work in States that do not have either worker protection plans approved by OSHA or asbestos abatement regulations which EPA decided were comparable to or more stringent than EPA’s worker protection rule. The WPR embodies the OSHA asbestos regulations that protect private sector workers and public employees in States 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 provisions. The EPA rule also includes a notification provision not in the OSHA rule. The EPA generally must be notified 10 days before an asbestos abatement project involving more thin 3 linear or square feet of friable ACM is begun when public employees are doing the work. 2-6 ------- On February 25, 1987, EPA published a Final Rule to replace that of April 25, 1986. This Fi- nal Rule extended additional protections to State and local government employees by incor- porating in the EPA Rule the new asbestos workplace standard issued by OSHA in June 1986. Asbestos Ban and Phase-out Rule In 1989 EPA published an asbestos ban and phase-out rule to prohibit, at staged intervals (see Table 2-1), the future manufacture, importation, processing, and distribution in com- merce of almost all asbestos-containing products. The rule requires that products subject to the bans be labeled to promote compliance with and enforcement of the rule. Upon applica- tion, and in very limited circumstances, EPA may allow exemptions from the rule’s bans. TABLE 2-1 ASBESTOS BAN AND PHASE-OUT RULE Stage Regulated ACM Manufacture, Import and Processing Ban Distribution in Commerce Ban 1 Flooring & roofing felt, pipeline wrap, A/C flat & corrugated sheet, VAT, clothing August 27, 1990 August 25, 1992 2 Beater-add & sheet gaskets, clutch facings, auto transmission components, frictionproducts, drum brake linings (Q f) 1 ar4 disc brake pads August 25,1993 August 25, 1994 A/C pipe, conun cia1 & corrugated paper, roof & non-roof coatings, brake blocks, drum brake linings (AM) 3 , disc brake pads (LMVXAM), disc brake pads August 26, 1996 August 25, 1997 t Original Equipment Market 2 Lighs- and Medium-weight Vehicle 3 Afzermarket 4 Heavy-weight Vehicle 2-7 ------- 2-8 ------- SECTION 3 ASBESTOS HAZARD EMERGENCY RESPONSE ACT (AHERA) OVERVIEW On October 22, 1986 President Reagan signed into law the Asbestos Hazard Emergency Response Act (AHERA) which enacted, among other provisions, Title II of the Toxic Substances Control Act (TSCA). Title II assigned the EPA, National Bureau of Standards (NBS) and the States a number of tasks. • The EPA was required to establish a program to control asbestos- containing materials in schools and set up a model accreditation plan for individuals who inspect for asbestos, write management plans and design or conduct response actions; • NBS, now known as the National Institute for Standards and Technology (NIST) was required to design an accreditation plan for laboratories which analyze asbestos bulk samples and asbestos air samples; and • The States were required to adopt an accreditation plan at least as stringent as the EPA model, and to receive management plans submitted by the LEAs. These requirements are explained in greater detail below. ASBESTOS-CONTAINING MATERIALS IN SCHOOLS Section 203 of Title 11 required EPA to promulgate final rules by October 17, 1987 (360 days after enactment) regarding: • the inspection of all public and private non-profit school buildings for ACM; • the identification of circumstances requiring response actions; • description of the appropriate response actions; • the implementation of response actions; • the establishment of a reinspection and periodic surveillance program for ACM; • the establishment of an operations and maintenance program for friable ACM; • the preparation and implementation of asbestos management plans by local education agencies (LEAs) and the submission of the management plans to State Governors, who may review the plans and approve or disapprove them; and • the transportation and disposal of waste ACM from schools. 3-1 ------- Within the time frame specified by Congress, the EPA Administrator signed the Asbestos- Containing Materials in Schools; Final Rule and Notice which fulfilled the above requirements. This Final Rule was published in the Federal Register (52 FR 41826) October 30, 1987 and took effect December 14, 1987. The Final Rule required all local education agencies (LEAs) to identify asbestos-containing materials (ACM) in their school buildings and take appropriate actions to control release of asbestos fibers. LEAs were required to describe their activities in management plans which had to be submitted to State Governors. LEAs were also 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 rule also included recordkeeping requirements and directed LEAs to provide for the appropriate transportation and disposal of asbestos. Exclusions were provided for I EAs which have previously conducted inspections and for LEAs subject to any State requirement at least as stringent as the comparable requirement in the final rule. Table 3-1 illustrates the Table of Contents for the Asbestos- Containing Materials in Schools: Final Rule and Notice (40 CFR Part 763). So that regulatory inspectors can gain a full understanding of this regulation, relevant sections will be detailed later in this course manual. Table 3-1 Subpart E - Asbestos-Containing Materials in Schools Table of Contents Section 763.80 Scope and Purpose 763.83 Definitions 763.84 General local education agency iesponsibilities 763.85 Inspection and ieinspections 763 .86 Sampling 763.87 Analysis 763 .88 Assessment 763.90 Response actions 763.91 Operations and maintenance 763.92 Training and periodic sur#eillance 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 - Interim Transmission Electron Microscopy Analytical Methods - Mandatory and Nonmandatory. and Mandatory Section to Determine Completion of Response Actions Appendix B - Work Practices and Engineering Controls for Small-Scale, Short- Duration Operations Maintenance and Repair (O&M) Activities Involving ACM Appendix D - Transport and Disposal of Asbestos Waste 3.2 ------- MODEL ACCREDITATION PLAN Section 206 of TSCA Title II also required 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 were required to adopt an accreditation program at least as stringent as the EPA model within 180 days after the beginning of their next legislative session. This Model Accreditation Plan was published in the Federal Register April 30, 1987 (52 FR 15875). Although EPA was not required under Section 206 to issue this Model Plan as a final iegulation, i . decided to make the Model Plan availabc in the Code of Federal Regulations as Appendix C to TSCA Title II (AHERA). LABORATORY ACCREDiTATION Prior to October 1988, EPA’s Office of Toxic Substances (OTS) required all polarized light microscopy (PLM) laboratories analyzing bulk samples for schools to successfully partici- pate, without cost, in EPA’s “Interim Asbestos Bulk Sample Analysis Quality Assurance Program.” Under the program, in order to retain their accreditation, laboratories were required to accu- rately determine whether the asbestos content of each of four bulk test samples was greater than 1 percent. In October 1988 the National Institute of Standards and Technology (NIST), formerly the Na- tional Bureau of Standards, began operating the National Voluntary Laboratory Accreditation Program (NVLAP) for laboratories which use PLM to determine the asbestos content of bulk samples. EPA’s OTS was directed by Congress to fund NIST for the development of this program. Under the NIST accreditation program a laboratory is required to pay a $3500 annual fee, even if laboratory is funded through State or local agencies. The annual fee enables proficien- cy testing and an in-depth review of the laboratory’s analytical capabilities and qualifications during an on-site assessment by a technical expert. The Asbestos Hazard Emergency Response Act (AEERA) regulation for schools (52 FR 4 1826) requires all bulk samples to be analyzed by NIST-accredited laboratories. (NVLAP) for PLM laboratories (52 FR 39977). STATE REQUIREMENTS States were required to notify LEAs by October 17, 1987, regarding where to submit asbestos management plans. 3-3 ------- These plans had to 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 were allowed 90 days to disapprove the plan. If the plan were disapproved, the State had to provide a written explanation of the disapproval and the LEA had to revise the plan within 30 days to conform with the State’s suggested changes. The 30-day period could be extended to 90 days by the State. Asbestos management plans were originally scheduled to be submitted to the States by October 12, 1988; however, in July 1988, Congress enacted an amendment to AHERA to allow LEAs to request a deferral for asbestos management plan submission if they were unable to provide the plan by the original due date. This deferral request had to be submitted to the respective State Agency by October 12, 1988. Deferred asbestos management plans had to be submitted by May 9, 1989. All management plans had to be implemented by July 9, 1989 and completed in a timely fashion. 3-4 ------- SECTION 4 GENERAL LOCAL EDUCATION AGENCY RESPONSIBILITIES Section 763.84 of the Asbestos-Containing Materials in Schools; FinaiRule and Notice (40 CFR Part 763) details local education agency (LEA) responsibilities. In order to determine full compliance with this section of the regulation, regulatory inspectors wiil v ed to reviev’ e ’jrds kept by the LEA, izne!view school person ei ‘.nd inspect active abatement areas and maintenance areas containing ACM. LEA RESPONSIBILITIES • Carry out asbestos-related activities in accordance with the regulation. • Properly train all custodial and maintenance staff to deal with ACBM. • Properly inform workers and building occupants regarding asbestos activities in the school. • Inform short-term workers at the school about their potential asbestos exposure. • Post warning labels when necessary. • Notify appropriate individuals concerning the availability of management plans and make the plans available. • Designate an individual to ensure that the LEA’s responsibilities are fulfilled. • Consider interrelationships between accredited personnel when selecting individuals to perform asbestos-related activities. Use of Appropriate Personnel An LEA must ensure that the activities of any persons who perform inspections, reinspections and periodic surveillance, develop and update management plans, and develop and implement response actions, including operations and maintenance, are carried out in accordance with the regulation. LEAs have commonly hired consulting firms to perform inspections and develop management plans, and abatement firms to develop and implement response actions. Periodic surveillance and operations and maintenance activities are typically conducted by in-house staff. The Asbestos-Containing Materials in Schools; Model Accreditation Plan, published April 30, 1987 (52 FR 15875) and designated Appendix C to the Asbestos-Containing Materials in Schools; Final Rule and Notice. 4.1 ------- The Model Contractor Accreditation Plan for States specifies separate accreditation require- ments for inspectors, management planners, and for those persons who design and carry out response actions. This latter group includes abatement project designers, asbestos abate- ment contractors, supervisors, and workers. Persons in each of the above disciplines perform a different function. Inspectors identify and assess the ACM’s condition. Management planners use the data gathered by inspectors to assess the ACM’s hazard, determine the appropriate response actions, and develop a schedule for implementing response actions. Abatement project designers determine how the asbestos abatement work should be conducted. Lastly, asbestos abatement contractors, supeivisors and worlc rs conduct the abatement work. Accreditation Training Requirements To be accredited under TSCA Title II, the following course requirements must be met: Inspectors must successfuUy complete a 3-day training course which includes lectures and demonstrations on designated topics, 4 hours of hands-on training, individual respirator fit testing and a written examination. Inspectors must also attend a 1/2 day refresher course annually. • Management planners are required to complete a 5-day training course which consists of the 3-day inspector course and 2 additional days of specific training in management planning. The two day training program includes lectures, demonstrations, course review and a written examination. Management planners are also required to attend a i-day refresher course annually. • Asbestos abatement contractors and supervisors are required to successfully complete a 4-day training course which includes pertinent lectures and demonstrations, at least 6 hours of hands-on training, individual respirator fit testing and a written examination, and attend a 1-day refresher course annually. • Asbestos abatement workers must successfully complete a 3- day training course which includes lectures and demonstrations on designated topics, 6 hours of hands- on training, individual respirator fit testing and a written examination. Abatement workers must also attend a 1-day refresher course annually. • Abatement project designers must complete either a 3-day abatement project designer training course consisting of lectures, demonstrations, a field trip, course review and a written examination or a 4-day asbestos abatement contractor and supervisor’s training course. The EPA suggests in the Model Accreditation Plan that the States add an additional day of training to the worker and contractor/supervisor courses to provide more time for hands-on training and discussions of State requirements. 4-2 ------- All accredited asbestos professionals must be issued an accreditation certificate from an EPA- or State-approved training provider. Providers may additionally offer other optional forms of identification (e.g., ID. cards) beyond the required certificate. Accredited persons are required to have their initial and current accreditation certificates at the location where they are conducting work. Failure to do so could result in decertification. The Plan also requires the States to issue some form of identification to individuals indicating that they are accredited in a specific discipline. This identification may be a certificate, photoidentification card or other form of identification. As an additional irairLing requirement, the Model Plan reqn res that at least one supervisor be at the worksite at all times while work is in progress. Inspectors should therefore check to see that this requirement is being fulfilled. Custodial and Maintenance Employee Training An LEA must ensure that all custodial and maintenance employees are properly trained as required by AHERA and other applicable Federal and/or State regulations. All members of an LEA’s maintenance and custodial staff who may work in a building that contains ACBM must receive awareness training of at least 2 hours whether or not they are required to work with ACBM. New custodial and mnintenance employees must be trained within 60 days after commencement of employment. LEA maintenance and custodial staff who will conduct any activities that will disturb ACBM must receive the 2-hour awareness training and 14 hours of additional training. Regulatory inspectors may determine compliance with the staff training provisions of AHERA by questioning custodial or maintenance employees regarding their involvement with ACBM and the type of training they have received, and by examining staff training records required to be maintained by the LEA at each school. Notification Requirements An LEA must 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. Inspectors should review the management plan which must include a description of the steps taken to inform such individuals of these activities. However, records of the actual notification of these individuals are not required to be maintained by the LEA. Therefore, interviewing available personnel may provide more information concerning LEA compliance with this provision of AHERA. 4-3 ------- Short-term Worker Notification An LEA must ensure that telephone repair workers, utility workers, exterminators, and other short-term workers 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. It is unlikely that a regulatory inspector will encounter such workers when visiting a school. However, by questioning on-site maintenance personnel regarding their procedures when assisting such short-term workers, information regarding LEA compliance with this section of AHERA may be obtained. Warning Labels Warning labels containing the information in Figure 4-1 are required to be posted adjacent to any friable and nonfriable ACBM and suspected ACBM assumed to be ACM located in routine maintenance areas at each school building. Figure 4-1. Asbestos Warning Label. Regulatory inspectors will need to inspect routine maintenance areas in the school to determine compliance with this aspect of the regulation. Availability of Management Plans An LEA must ensure that management plans are available for inspection and that notification has been provided (upon submission of the management plans to the State and at least once per year thereafter) to parent, teacher and employee organizations to inform them of the management plan’s availability. A regulatory inspector should expmine the management plan required to be kept at the school visited and determine whether it contains the description of the steps taken to notify the above individuals, and whether a dated copy of such notification is maintained. CAUTION: ASBESTOS HAZARDOUS DO NOT DISTURB WIThOUT PROPER TRAINING AND EQUIPMENT 1 4-4 ------- Designated Person An LEA must designate a person to ensure that LEA requirements are properly implemented and ensure that this person receives adequate training to perform duties assigned under Al-tERA. Examination of the management plan (which must contain the name, address, telephone number and description of this individual’s training) and interviews with school personnel will help determine compliance with this segment of the regulation. Conilict of Interest An LEA must 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 AHERA. 4-5 ------- 4 .6 ------- SECTION 5 INSPECTION, ASSESSMENTS, REINSPECTIONS AND EXCLUSIONS The following information summarizes Sections 763.85 (inspections and reinspections), 763.88 (assessments) and 763.99 (exclusions) of the Asbestos-Containing Materials in Schools; Final Rule and Notice. Regulatory inspectors should be ablt o d erninc, ftom recoi s rc iev’ed onsitc wh thcr or not the LEA is in compliance with these components of’ the AHERA rc gulation. IMPORTANT TERMS Accessible - subject to disturbance by school building occupants or custodial or maintenance personnel in the course of their normal activities. Asbestos-containing building material (ACBM) - surfacing ACM, thermal system insulation ACM, or miscellaneous ACM found in or on interior structural members or other parts of a school building. Asbestos-containing material (ACM) - any material or product containing more than 1 percent asbestos. Damaged friable surfacing ACM - 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. Damaged friable miscellaneous ACM - friable miscellaneous 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. Damaged or significantly damaged thermal system Insulation ACM - ACM found 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. Friable - material, which, when dry may be crumbled, pulverized or reduced to powder by hand pressure. Homogeneous area - an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture. 5-1 ------- Potential damage - circumstances in which friable ACBM is accessible and there is reason to believe 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 procedures, changes in occupancy or recurrent damage. Potential significant damage - circumstances in which there is reason to believe that friable ACBM 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, and the material is subject to major or continuing disturbance from factors such as accessibility, vibration or air erosion. Significantly damaged friable miscellaneous ACM - damaged friable miscellaneous ACM where the damage is extensive and severe. Significantly damaged friable surfacing ACM - damaged friable surfacing ACM in a functional space where the damage is extensive and severe. Surfacing ACM - surfacing material that is ACM. Thermal system insulation ACM - thermal system insulation that is ACM. SCHOOL INSPECTIONS Prior to October 12, 1988, LEAs were required to inspect each school building under their jurisdiction to identify all locations of friable and nonfriable ACBM. However, in the f ederal Register published August 2, 1988 (53 FR 29210), EPA issued a notice that extended the due date for the submission of management plans from October 12, 1988 to May 9, 1989 for LEAs incapable of meeting the original deadline. This effectively extended the period of time allotted for the inspections of schools as well. During inspections, AHERA requires that: • Only accredited inspectors be used to do the inspections; • Inspectors identify the locations of all suspected ACBM, touch all suspected ACBM to determine whether they are friable, identify all homogeneous areas of friable suspected ACBM and nonfriable suspected ACBM, and either sample suspect materials or assume they contain asbestos; • Inspectors assess the friable material: - where the inspector has collected samples; - where the inspector assumes ACBM is located, and - where friable ACBM has been identified during a previous inspection. • An inspection report be submitted to the designated person within 30 days of the inspection, for inclusion in the mRnagement plan. 5-2 ------- The inspection report has to include the following information: • Date of the inspection, signature of the accredited person(s) making the inspection, State of accreditation, and, if applicable, accreditation number(s); • Inventory of the locations of the homogeneous areas where samples are collected, 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; • A description of the manner used to determine sampling locations, the name and signature of the accredited inspector who collected the samples, State of accreditation, and, if applicable, accreditation number, • A list of whether the homogeneous areas identified in the inspection are surfacing material, thermal system insulation, or miscellaneous material; and • Assessments made of friable material, the name and signature of the inspector making the assessment, State of accreditation, and, if applicable, accreditation number. ASSESSMENT OF ACBM An accredited inspector must provide to the designated person, within 30 days, a written assessment of all friable known or assumed ACBM in the school building inspected. In this written report the inspector must classify and give reasons for classifying the ACBM and suspected ACBM assumed to be ACM in the school building into one of the following categories: • Damaged or significantly damaged friable thermal system insulation; • Damaged friable surfacing ACM; • Significantly damaged friable surfacing ACM; • Damaged or significantly damaged friable miscellaneous ACM; • ACBM with potential for damage; • ACBM with potential for significant damage; or • Any remaining friable ACBM or friable suspected ACBM. To determine the category to which ACBM or suspect ACBM should be assigned, an inspector may consider the following: • Location and amount of the material (total quantity and percentage of the functional space); 5-3 ------- Type of damage or significant damage, its severity and the extent or spread of damage over large areas or large percentages of the homogeneous area; In draft guidance, the EPA has suggested that damage evenly distributed across one- tenth of a functional space or localized over one-quarter of the space represented “significant damage”. This represents a level of damage which is believed generally, although not always, unreasonable to repair or restore. • Accessibility of the material; • The material’s potential for disturbance; • Known or suspected causes of damage or significant damage; and • Preventive measures which might eliminate the reasonable likelihood of undamaged ACM from becoming significantly damaged. An LEA is required to select a person accredited to develop management plans to review the results of each inspection (or reinspection) of the school building and to make recommendations to the LEA, in writing, regarding appropriate response actions. REINSPECTIONS At least once every 3 years after a management plan is in effect, each local education agency must conduct a reinspection of all friable and nonfriable known or assumed ACBM in each school building under their jurisdiction. Reinspections must be done by an accredited inspector who must do the following: • Visual reinspect and reassess all friable known or assumed ACBM; • Determine (by touch) whether any previously nonfriable material has become friable; • Identify any homogeneous areas with material that has become friable; • Collect, and submit for analysis, bulk samples from areas of newly friable material where the material was assumed to be ACBM (optional); • Assess the condition of the newly friable material in areas where samples are collected and newly friable material in areas that are assumed to be ACBM; • Reassess the condition of friable known or assumed ACBM previously identified. • Submit a copy of the reinspection report to the designated person for inclusion in the management plan. This report must include the following information: - Date of the reinspection, name and signature of the accredited person making the reinspection, State of accreditation, and, if applicable, accreditation number 5-4 ------- - Any changes in the condition of known or assumed ACBM; - The exact locations where samples are collected during the reinspection, a description of the manner used to determine sampling locations, the name and signature of each accredited inspector who collected the samples, State of accreditation, and, if applicable, accreditation number; and - Any assessments or reassessments made of friable material, the name and signature of the accredited inspector making the assessments, State of accreditation, and, if applicable, accreditation number. AHERA also notes, in the reinspection component of the regulation, that thermal system insulation that has retained its structural integrity and that has an undamaged protective jacket or wrap that prevents fiber release shall be treated as nonfriable and therefore is subject only to periodic surveillance and preventive measures as necessary. EXCLUSIONS Section 763.99 defines conditions that would exclude an LEA from all or part of the initial inspection. The accredited inspector is a key element in the exclusion process. An LEA is not required to perform an inspection per §763.85 (a) if any of the following situations exists: 1) An accredited inspector has determined that friable ACBM was identified during an inspection conducted prior to December 14, 1987. However, an accredited inspector still must assess the friable ACBM. 2) An accredited inspector has determined that nonfriable ACBM was identified during an inspection conducted prior to December 14, 1987. An accredited inspector must, however, identify whether the material that was nonfriable has become friable since the previous inspection and must assess the newly friable ACBM. 3) The accredited inspector has determined (based on sampling and inspection records) that no ACBM is present and the records show that the area was sampled before December 14, 1987, in substantial compliance with the regulations. 4) The appropriate agency within a State which has been granted a waiver from 763.85(a), has determined that no ACBM is present and the records show that the area was sampled before December 14,1987, in substantial compliance with the regulations. If either of the two situations noted above exists, the LEA is not required to perform an inspection. 5.5 ------- 5) The accredited inspector has determined (based on sampling and inspection records conducted before December 14, 1987), that suspected ACBM will be assumed to be ACM. However, an accredited inspector must identify whether material assumed to be nonfriable ACBM has become friable, and assess that newly friable material. In addition, the inspector must assess previously identified friable suspected ACBM assumed to be ACM. 6) An accredited inspector has determined (from inspection, contractor and clearance records) that no ACBM is present where asbestos removal operations have been conducted before December 14, 1987. 7) An architect or project engineer responsible for construction of a new school building constructed after October 12, 1988, or an accredited inspector, signs a statement that no ACBM was specified as a building material, and to the best of the inspector’s knowledge, no ACBM was used as a building material. Important Note: Exclusions 1) -4) detailed above apply only to schools that were inspected and sampled before October 17, 1987. Areas inspected before October 17, 1987 that were no: sampled or were not assumed to be ACM must be inspected in accordance with 763.85(a). Also, (1 ACBM is subsequently found to be present in a school of an LEA that had received an exclusion, the LEA has 180 days following the date of identification of ACBM to fulfill AHERA’s inspection reqUirements. 5-6 ------- SECTION 6 SAMPLING AND ANALYSIS Sections 763.86 (Sampling) and 763.87 (Analysis) of Asbestos- Containing Materials in Schools; Final Rule and Notice describe how an accredited inspector should take samples during an inspection and how an LEA must have the samples analyzed. On-site recorc s may be re”fr’wed o Jetermii co plianc w t the sampling an analysis components of Lhe AHERA regulation. Regulatory inspectors are advised that they are not required to follow AHERA guidelines in the compliance sampling they perform, but should take samples according to the procedures detailed in the EPA guidance document Asbestos NESHAP Demolition and Renovation Inspection Procedures Field Manual. IMPORTANT TERMS Asbestos-containing building material (ACBM) - surfacing ACM, thermal system insulation ACM, or miscellaneous ACM found in or on interior structural members or other parts of a school building. Asbestos-containing material (ACM) - any material or product containing more than 1 percent asbestos. Designated person - a person chosen and trained by the LEA who will ensure that the LEA’s AHERA requirements are met. Friable - any material, which, when dry, may be crumbled, pulverized or reduced to powder by hand pressure. Homogeneous area - an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture. Miscellaneous ACM - means miscellaneous material that is ACM in a school building. Miscellaneous material - interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, but not surfacing material or thermal system insulation. Nonfriable - material in a school building which, when dry, may not be crumbled, pulverized or reduced to powder by hand pressure. Surfacing ACM - surfacing material that is ACM. 6-1 ------- Surfacing material - material sprayed-on, troweled-on or otherwise applied to surfaces (e.g., acoustical plaster on ceilings, fireproofing materials on structural members or other materials on surfaces for acoustical, fireproofing or other purposes). Thermal system insulation (TSI) - material 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. SAMPLING An a crediWd inspecft. r uiust ‘ise the follo” ’hig procedures when taking samples of surfacing material, thermal system insulation, miscellaneous materials and nonfriable suspected ACBM. Surfacing materials Accredited inspectors must collect, in a statistically random manner, representative bulk samples from each homogeneous area of friable surfacing material that is not assumed to be ACM. AHERA notes the following minimum numbers of samples required to be collected: • At least 3 bulk samples from each homogeneous area that is 1,000 square feet or less; • At least 5 bulk samples from each homogeneous area that is greater than 1,000 square feet but less than or equal to 5,000 square feet; • At least 7 bulk samples from each homogeneous area that is greater than 5,000 square feet. Inspector training courses commonly refer AHERA inspectors to the EPA guidance document, Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials (“Pink Book” EPA 560/5-85- 030a, October 1985) for procedures to follow to ensure random sampling of the homogeneous areas chosen. Thermal System Insulation (TSI) Depending on the nature of the TSI, an AHERA inspector must collect samples of materials not assumed to be ACM as follows: • At least three bulk samples from each homogeneous area of TSI not described below; • At least one bulk sample from each homogeneous area of patched TSI if the patched section is less than 6 linear or square feet; 6-2 ------- • Whatever number of samples is sufficient to determine whether the material is ACM or not ACM from each insulated mechanical system where cement or plaster is used on fittings such as T’s, elbows, or valves. Bulk samples are not required to be collected from any homogeneous area where the accredited inspector has determined that the TSI is fiberglass, foam glass, rubber or other non-ACBM. Inspectors should be aware, however, that these materials may have been applied over ACM insulation. Any of these materials seen should be carefully examined to determine if other asbestos-containing insulation is present underneath. Miscellaneous material In a manner sufficient to determine whether material is ACM or not ACM, an accredited inspector must collect bulk samples from each homogeneous area of friable miscellaneous material that is not assumed to be ACM. Nonfriable suspected ACBM According to AHERA, unless the nonfriable suspected ACBM is assumed to be ACM, an accredited inspector must collect, in a manner sufficient to determine whether the material is ACM or not ACM, bulk samples from the homogeneous area of nonfriable suspected ACBM. However, EPA does not recommend sampling of floor tiles or asbestos cement board, since sampling these is more difficult and destructive. If sampling is necessary, inspectors are advised to take “convenience samples” (samples taken from areas already exhibiting damage) in inconspicuous locations. ANALYSIS In § 763.87, AHERA mandates that LEAs use laboratories specially accredited for PLM asbestos analysis, describes laboratory procedures and responsibilities and also defines when a homogeneous area is considered to contain ACM. Until October 30, 1989, LEAs had to have bulk samples collected under § 763.86 analyzed for asbestos using laboratories which had received interim accreditation for Polarized Light Mi- croscopy (PLM) analysis under the EPA Interim Asbestos Bulk Sample Analysis Quality Assurance Program. Since then, all asbestos laboratory accreditation has been directly ad- ministered by the National Institute for Standards and Technology (NIST), formerly the Na- tional Bureau of Standards. Laboratories which conduct the PLM analyses of bulk samples must use the procedures found in Appendix A to AHERA entitled “Interim Method for the Determination of Asbestos in Bulk Insulation Samples”. 6-3 ------- The results of these procedures must be submitted to the designated person within 30 days of the analysis. A homogeneous area is not considered 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. If only one sample taken from such an area contains more than one percent asbestos, the area is considered to contain ACM. ------- SECTION 7 RESPONSE ACTIONS Section 763.90 of the Asbestos-Containing Materials in Schools: Final Rule and Notice describes an LEA’s response options once an assessment of the ACM in the school under its jurisdiction has been done. Regulatory inspectors may determine LEA compliance with the provisions of this section of A HERA by conducting an inspecuon f the SChOOl, ex iminin records required tu be k pL nd interviewing personnel. IMPORTANT TERMS Asbestos abatement - any action (e.g., removal, repair, encapsulation, enclosure) which diminishes the likelihood of ACM emitting airborne asbestos fibers. Aggressive sampling - air sampling which takes place after final clean-up while the air is being physically agitated (by leaf blowers, fans, etc.) to produce a “worst case” situation. Asbestos-containing building material (ACBM) - surfacing ACM, thermal system insulation ACM, or miscellaneous ACM found in or on interior structural members or other parts of a school building. Asbestos-containing material (ACM) - any material or product containing more than 1 percent asbestos. Damaged friable miscellaneous ACM - friable miscellaneous 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. Damaged friable surfacing ACM - friable surfacing ACM which has deteriorated or sustained physical injury such that the internal structure (cohesion) of the material is inadequate or which has deimninated such that its bond to the substrate (adhesion) is inadequate, or which, for any other reason, lacks fiber cohesion or adhesion qualities. Damaged or significantly damaged thermal system Insulation ACM - ACM found 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. 7.1 ------- Encapsulation - the treatment of ACBM with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers. Enclosure - an airtight, impermeable, permanent barrier around ACBM to prevent the release of asbestos fibers into the air. Fiber release episode - any uncontrolled or unintentional disturbance of ACBM resulting in visible emission. Friable - any material, which, 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 actions. Miscellaneous ACM - miscellaneous material that is ACM school building. Operations and maintenance program - 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 dnmi ge. Potential damage - circumstances in which friable ACBM is accessible and there is reason to believe that the material or its covering will become thmaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance procedures, changes in occupancy or recurrent damage. Potential significant damage - circumstances in which there is reason to believe that friable ACBM or its covering will become significantly dfimaged, deteriorated, or deinminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent dAnlage, and the material is subject to major or continuing disturbance from factors such as accessibility, vibration or air erosion. Preventive measures - 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 - returning damaged ACBM to an undamaged condition or to an intact state so as to prevent fiber release. 7-2 ------- Response action - a method, including removal, encapsulation, enclosure, repair, operations and maintenance, that protects human health and the environment from friable ACBM. Significantly damaged friable miscellaneous ACM - damaged friable miscellaneous ACM where the damage is extensive and severe. Significantly damaged friable surfacing ACM - damaged friable surfacing ACM in a functional space where the damage is extensive and severe. Small-scale, short-duration projects - Appendix B cf AHER A (p. 41894) and Appendix F of OSHA 29 CFR 1926.58 (p. 22785) describe small-scale, short-duration projects as operations and maintenance procedures including, but not limited to: • Removal of asbestos-containing insulation on pipes, or small quantities of asbestos-containing insulation on beams or above ceilings. • Replacement of an asbestos-containing gasket on a valve. • Installation or removal of a small section of drywall or installation of electrical conduits through or proximate to ACMs. • Removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement. • Removal of asbestos-containing TSI not to exceed amounts greater than those which can be contained in a single glove bag. • Minor repairs to dsmnged TSI which do not require removal or repairs to a piece of asbestos-containing wallboard. • Repairs, involving encapsulation, enclosure or removal, to mal1 amounts of friable ACM only if requited 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 which must conform spatially and geometrically to the localized work area in order to perform its intended containment runction. Surfacing ACM - surfacing material that is ACM. Thermal system Insulation (TSI) ACM - thermal system insulation that is ACM. SELECTION OF RESPONSE ACTIONS LEAs ai e expected to select and implement response actions sufficient to protect human health and the environment. Once appropriate response actions are determined (e.g., repair, removal, encapsulation. enclosure or maintenance), an LEA may choose to use the least bur- densome method available. 7-3 ------- Response Options Once the ACM has been assessed, based on the degree of damage, LEAs may choose to implement any of the appropriate options listed below: Damaged or significantly damaged TSI ACM: • Repair the damage; • Remove the damaged material if repair is not feasible; • Maintain all TSI ACM and its covering in an intact state and undamaged condition. Damaged friable surfacing ACM or damaged friable miscellaneous ACM: • Encapsulate, enclose, remove or repair the damaged material. Significantly damaged friable surfacing ACM or significantly damaged friable miscella- neous ACM: • Immediately isolate the functional space and restrict access (if necessary to protect human health and the environment); and • Remove, enclose or encapsulate the damaged material. Friable surfacing ACM, TSI ACM or friable miscellaneous ACM with potentlalfor dam- age: • At a minimum, the LEA should implement an operations and maintenance (O&M) program. Friable surf acing ACM, TSIACM or friable miscellaneous ACM wllh potentlalfor signifi- cant damage: • Implement an O&M program; • Institute preventive measures appropriate to eliminate the potential significant dampge; • Immediately isolate the area and restrict access if necessary to avoid substantial endangerment to humn’ health or the environment • Remove or otherwise abate the material if preventive measures cannot ensure human health and environmental protection. 7-4 ------- Inspectors can compare response actions undertaken with those recommended in the management plan to ensure compliance with AHERA. Use of Accredited Personnel Response actions including removal, encapsulation, enclosure, or repair, other than small- scale, short-duration repairs, must be designed and conducted by persons accredited to design and conduct response actions. Regulatory inspectors should be able to determine whether or not on-site abatement workers are properly accredited I cr mary Stat:s require that accreditation documentation (e.g., training certificates, licenses) be maintained onsite. In addition, the management plan must also assure that only properly accredited personnel will conduct the response action. Applicable Regulations As applicable, individuals conducting response actions in schools are required to meet the worker protection and work practice requirements of: • OSHA 29 CFR 1926.58 (asbestos worker protection standards for construction); • EPA 40 CFR Part 763, Subpart 0 (EPA asbestos worker protection standards for public employees); and • EPA 40 CFR Part 61, Subpart M (National Emission Standards for Hazardous Air Pollutants - Asbestos). COMPLETION OF RESPONSE ACTIONS Upon completion of any of the response actions (e.g., removal, encapsulation, enclosure) a person designated by the LEA must visually inspect each space where the abatement was conducted to determine whether the abatement activity has been properly completed. Clearance Air Monitoring For each completed response action involving removal, encapsulation or enclosure (except for small-scale, short-duration projects), a person designated by the LEA must collect air samples using aggressive sampling to monitor the air for clearance. Such samples must be analyzed via transmission electron microscopy (TEM) or (under certain circumstances) Phase Contrast Microscopy (PCM) in appropriately accredited laboratories. Details concerning clearance air sampling and TEM analytical techniques can be found in Appendix A (p. 41857) of Asbestos-Containing Materials in Schools; Final Rule and Notice. 7-5 ------- Job Completion An action to remove, encapsulate or enclose ACBM is considered complete when: • the average concentration of asbestos in air samples collected within the functional space is not statistically different (as determined by TEM) from the average concentration of asbestos in air samples collected at the same time outside the affected functional space; or • air samples properly collected within the affected functional space exhibit asbestos concentrations (as determined by TEM) no higher than the filter background level as defined in Appendix A (70 structures per square millimeter). Clearance Air Analysis Timeline Transmission Electron Microscopy (TEM) Except as noted below, clearance air samples must be analyzed using TEM procedures. Phase Contrast Microscopy (PCM) • At any time, an LEA may choose to have clearance air monitoring samples taken analyzed via PCM to confirm completion of removal, encapsulation or en- closure of quantities of ACBM greater than small-scale, short-duration activi- ties but less than or equal to 160 square feet or 260 linear feet. The action shall be considered complete when the concentration of fibers for the samples is determined to be less than or equal to the limit of quantitation for PCM (0.01 fibers/cubic centimeter of air). • Until October 7, 1989, an LEA may have air monitoring samples collected for clearance purposes analyzed 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. • From October 8, 1989 to October 7, 1990, an LEA may have air monitoring samples collected for clearance purposes analyzed by PCM to confirm completion of removal, encapsulation or enclosure of ACBM that is less than or equal to 1,500 square feet or 500 linear feet. The action will be considered complete when the concentration of fibers for the samples is determined by PCM to be less than or equal to the limit of quantitation for PCM (0.01 fibers/cubic centimeter of air). 7-6 ------- SECTION 8 OPERATIONS ANI MAINTENANCE Section 763.91 of the Asbestos-Containing Materials in Schools; Final Rule and Notice de- scribes: • applicability of an operations and maintenance (O&M) program; • legal protection afforded individuals involved in an O&M program; arid • work practices required when implementing an O&M plan and when dealing with fiber release episodes. §763.91 also refers LEAs to Appendix B: Work Practices and Engineering Controls for Small- Scale, Short-Duration Operations Maintenance and Repair (O&M) Activities involving ACM if their employees are performing operations, maintenance and repair activities described therein. Inspectors will be able to determine, at least partially, from observing work practices being employed and questioning school personnel about activities they typically perform, whether or not the LEA is in compliance with this section of the regulation. IMPORTANT TERMS Asbestos-containing building material (ACBM) - surfacing ACM, thermal system insulation ACM, or miscellaneous ACM found in or on interior structural members or other parts of a school building. Damaged or significantly damaged thermal system insulation ACM - ACM found 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. Fiber release episode - any uncontrolled or unintentional disturbance of ACBM resulting in visible emission. Friable - when referring to material in a school building, any material, which, when dry, may be crumbled, pulverized or reduced to powder by hand pressure. Glove bag - a sealed compartment with attached inner gloves for the handling of asbestos- containing materials. Properly installed and used, glove bags provide a small work area 8-1 ------- enclosure used typically for small-scale asbestos stripping operations. Information on glove bag installation, equipment and supplies, and work practices is contained in the OSHA final rule on occupational exposure to asbestos (Appendix G to 29 CFR 1926.58). High-efficiency particulate air (FIEPA) - a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 microns in diameter or larger. Major fiber release episode - a fiber release episode involving the falling or dislodging of more than 3 square or linear feet of friable ACBM. Minor fiber release episode - a fiber release episode involving the falling or dislodging of 3 square or linear feet or less of friable ACBM. Nonfriable - material in a school building which when dry may not be crumbled, pulverized or reduced to powder by hand pressure. Operations and maintenance program - 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. APPLICABILITY Whenever any friable ACBM is present or assumed to be present in a building under the jurisdiction of an LEA, the LEA must implement an O&M program. In addition, if nonfriable ACBM or nonfriable assumed ACBM is about to become friable as a result of activities performed in the school building, it must be treated as friable ACBM for the purposes of this section. WORKER PROTECTION The Final Rule extends the protection provided by EPA at 40 CFR 763.121 for worker protection during asbestos abatement projects to employees of local education agencies who perform O&M activities involving ACM and who are not covered by the OSHA asbestos construction standard (29 CFR 1926.58) or approved as an asbestos worker under section 19 of the Occupational Safety and Health Act. CLEANTh G Initial 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 TSJ ACM, or friable suspected ACBM assumed to be ACM are present must be 8-2 ------- 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: • HEPA-vacuum or steam-clean all carpets. • HEPA-vacuum or wet-clean all other floors and all other horizontal surfaces. • Dispose of all debris, filters, mopheads and cloths in sealed, leak- tight containers. Additoii*l Cleaning The LEA must follow recommendations regarding additional cleaning as noted in the management plan. OPERATIONS AND MAINTENANCE ACTIViTIES The LEA must ensure that the following procedures are followed when any O&M activity disturbs friable ACBM: • Restrict entry into the affected area either by physically isolating the area or by scheduling. • Post signs to prevent entry by unauthorized persons. • Shut off or temporarily modify the air-handling system and restrict other sources of air movement. • Use work practices or other controls, (e.g., wet methods, protective clothing, HEPA vacuums, mini-enclosures, glove bags) as necessary, to inhibit the spread of any released fibers. • Clean all fixtures or other components in the immediate work area. • Place the asbestos debris and other cleaning materials in a sealed, leak-tight container. O&M ACTIVITIES OTHER THAN SMALL-SCALE, SHORT- DURATION Maintenance activities which disturb friable ACBM (other than smnll-scale, short-duration maintenance activities) must be designed and conducted by appropriately accredited persons. FIBER RELEASE EPISODES Depending on the amount of friable ACBM involved in a fiber release episode, LEAs are instructed to follow certain procedures in order to protect human health and the environment. 8.3 ------- Minor Fiber Release Episode A minor fiber release episode is described as the falling or dislodging of 3 square or linear feet or less of friable ACBM. The LEA must ensure that the following procedures are implemented if such an event occurs: • Thoroughly saturate the debris using wet methods. • Clean the area (Use methods described in CLEANING.) • Place the asbestos debris in a sealed, leak-tight container. • Repair or seal the area of da ma ed ACM using non-.tthestos- ornaining materials, or implement an appropriate response action as required by 763.9() (Response Actions). Major Fiber Release Episode Major fiber release episodes involve the falling or dislodging of more than 3 square or linear feet offriable ACBM. The LEA must ensure that the following procedures are implemented: • Restrict entry into the area and post signs to prevent entry by persons other than those performing the response action. • Shut off or temporarily modify the air-handling system to prevent the distribution of fibers to other areas in the building. • Have only properly accredited personnel design and conduct the response action. 8-4 ------- SECTION 9 TRAINING AND PERIODIC SURVEILLANCE Section 763.92 of the Asbestos-Containing Materials in Schools; FinaiRule and Notice describes the types of training an LEA must provide members of its maintenance and custodial staff and the frequency and components of required periodic surveillance. LEA nlaimenailce and casreduti employees who h ve attended EPA- nproved asbestos training or received equivalent training for O&M and periodic surveillance activities involving asbestos are considered trained for the purposes of this section. Regulatory inspectors may examine records and interview personnel to determine compliance with this aspect of AHERA. TRAINING Depending on the intensity of involvement an LEA’s maintenance and custodial staff has with handling ACBM, varying amounts of training are required. Awareness Training Awareness training of at least 2 hours must be given to all members of an LEA’s maintenance and custodial who may work in a building that contains ACBM, whether or not they are required to work with ACBM. New custodial and maintenance employees must be trained within 60 days after commencement of employment. Awareness training must include, but not be limited to the following: • Various uses and forms of asbestos. • Health effects associated with asbestos exposure. • Locations of known ACBM in each school building in which the custodial and maintenance staff works. • Recognition of daim ge, deterioration and delamination of ACBM. • Name and telephone number of the person designated by the LEA to carry out general LEA responsibilities under §763.84. • Availability and location of the management plan. 9 -I ------- 16-hour Training An LEA must ensure that all members of its maintenance and custodial staff who conduct any activities that will result in the disturbance of ACBM receive a total of 16 hours of asbestos training. This must include the 2-hour awareness training described above and an additional 14 hours of training which includes, but is not limited to the following: • Description of the proper methods of handling ACBM. • Use of respiratory protection (as described in the EPA/NIOSH Guide to Respiratory Protection for the Asbestos Abatement Industry. EPA 560/OPTS- 86-001, September 1986). The provisions of: - Section 763.92: Training and Periodic Surveillance; - Section 763.91: Operations and Maintenance; - Appendix A: Interim Transmission Electron Microscopy Analytical Methods - Mandatory and Nonmandatory - and Mandatory Section to Determine Completion of Response Actions; - Appendix B: Work Practices and Engineering Controls for Small- Scale, Short-Duration Operations Maintenance and Repair (O&M) Activities Involving ACM; - Appendix C: Model Accreditation Plan; - Appendix D: Transport and Disposal of Asbestos Waste; - EPA 40 CFR Part 763, Subpart G: Worker Protection Rule; - EPA 40 CFR Part 61, Subpart M: National Emissions Standard for Hazardous Air Pollutants (Asbestos); and - OSHA 29 CFR 1926.58: Asbestos Regulations for the Construction Industry. • Hands-on training in the use of personal protective equipment and good work practices. PERIODIC SURVEILLANCE • At least once every 6 months after a management plan is in effect, each LEA must conduct periodic surveillance in each school building under its jurisdiction that contains or is assumed to contain ACBM. • The person conducting the surveillance must: - Visually inspect all areas identified in the management plan as ACBM or assumed ACBM; 9-2 ------- - Document any changes seen in the condition of the matena1s and - Submit a copy of the surveillance report to the designated person for inclusion in the management plan. 9-3 ------- 9-4 ------- SECTION 10 MANAGEMENT PLANS Section 763.93 of the Asbestos-Containing Materials in Schools: FinalRule and Notice de- tails both LEA and State requirements regarding management plans. Regulatory inspectors visiting active abatement sites within schools should request and re- view the management plan to ensure that it is up to date and that its prescribed components ar being filfWed. Inspectors should note, however, that the school may not produce the plan immediately; in fact, the plan need only be made available for inspection by representatives of EPA and the State, etc. within S working days of the request. Therefore, inspectors should call in advance of the scheduled inspection and request that the management plans be made available at the time of the inspection. LEA RESPONSIBILITIES Management Plan Submittai On or before October 12, 1988, each LEA had to develop an asbestos management plan for each school building under its jurisdiction and submit this plan to an Agency designated by the Governor of the State in which the LEA is located. However, LEAs unable to meet the October 12, 1988 deadline were provided an opportunity in the EPA Asbestos-Containing Materials in Schools; Deferral of Deadline for Submission of Asbestos Management Plans; Notice published in the Federal Register August 2, 1988, to request a deferral to May 9, 1989 for submission of asbestos management plans to the State Governors. Two categories of LEA deferrals, with assurances specified for each category, were estab- lished by this amendment. The first category (Category A) applied to LEAs in States which have requested waivers from AH.ERA under 40 CFR 763.98. These States are Connecticut, Illinois, New Jersey and Rhode island. The second category (Category B) applied to LEAs in all other States. Many of the activities associated with these deferral assurances had to be completed before October 12, 1988. Two assurances were required for Categoiy A deferrals: 1) That the State in which the LEA is located had requested a waiver from EPA before June 1, 1988; and 2) That the LEA has notified affected school (parent, teacher and employee) organizations of its intent to file for a deferral and, in the case of a public school has 10 -I ------- discussed the request at a public meeting of the school board. Affected school organizations had to be notified in advance of the time and place of the meeting. Four assurances were required for Category B deferrals: 1) An explanation why the LEA could not meet the original October 12, 1988 deadline for submittal of its management plan; 2) A statement that the LEA has made at least one of the following documents available for inspection at each school for which a deferral is sought: • a solicitation by the LEA to contiacc with an accrcdited asbestos contractor for inspection or management plan development; or • a letter certifying that school district personnel are enrolled in an EPA- approved training course for inspection and management plan development; or • documentation that suspected ACM from the school is being analyzed at an accredited laboratory; or • documentation that an inspection or management plan had been completed in at least one other school under the LEA’s authority. 3) A statement that the LEA has notified affected school (parent, teacher and employee) organizations of its intent to file for a deferral and, in the case of a public school has discussed the request at a public meeting of the school board. Affected school organizations had to be notified in advance of the time and place of the meeting. 4) A proposed schedule outlining all significant activities leading up to submission of a management plan by May 9, 1989, including inspection of the school. The activity schedule had to contain laboratory analysis and management plan development as well as a deadline of no later than December 22, 1988 for entering into a contract with an accredited inspector (unless inspections were to be performed by accredited school personnel). Acquisition of Additional School Buildings If a building to be used as a school is acquired after October 12, 1988, the LEA has to revise the management plan to include it and submit the revised portion of the plan to the appropri- ate authority. Altered Use of a Building If an LEA begins to use a building as a school after October 12, 1988, the LEA must submit a management plan to the proper authority prior to using the building as a school. 10-2 ------- State Requirements The Governor of each State was required to notify each LEA in the State where to submit its management plan. If the State did not disapprove the management plan within 90 days, the LEA could implement the plan. Implementation of the Management Plan Each LEA was required to implement its management plan on or before July 9, 1989, and complete implementation in a timely fashion. Development and Revisions of Management Plans An LEA may use only an accredited management planner to develop a management plan. The LEA must keep this plan current by adding to it information concerning ongoing opera- tions and maintenance, periodic surveillance, inspection, reinspection and response action ac- tivities. Components of the Management Plan Management plans must include the following information: 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 December 14, 1987: - Date of the inspection; - Clearly identified locations and approximate square or linear footage of any homogeneous or sampling area where material was sampled for ACM, and, if possible, dates of collection; - Laboratoiy reports documenting analyses of the bulk samples taken; - Documentation concerning response actions or preventive measures undertaken (e.g., names and addresses of contractors, start and completion dates of the work, results of air sample analyses); - Description of required assessments ( 763.88) of material identified before December 14, 1987 as friable ACBM or friable suspected ACBM assumed to be ACM, and certification by the accredited person who made the assessment. 3) For each inspection and reinspection conducted under §763.85: - Date of inspection or reinspection and certification by an accredited inspector. - Clearly identified locations and approximate square or linear footage of any homogeneous areas where material was sampled for ACM, the exact location 10-3 ------- 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. A description of the manner used to determine sampling locations and accredited inspector certification; - A copy of the analyses of any bulk samples collected and analyzed and certification by the laboratory conducting the analyses; - A description of required assessments (p763.88) of all ACBM and suspected ACBM assumed to be ACM, and certification by the accredited person(s) making the assessments. 4) Name, address and telephone number of the designated person and course name, and dates and hours of training taken by that person. 5) Recommendations made to the LEA regarding response actions [ 763.88(d)j and certification by the person making the recommendations. 6) A detailed description (including methods to be used) of preventive measures and response actions and where they will be taken for any friable ACBM, 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(s) who inspected for ACBM and who will design or carry out response actions (except for O&M), that the person is properly trained and accredited to conduct such activities. 8) A detailed description of any ACBM or suspected ACBM assumed to be ACM which remains in the school once response actions are undertaken ( 763.90). This description must be updated as response actions are completed. 9) Plans for reinspection ( 763.85), O&M activities ( 763.91), periodic surveillance ( 763.92), additional cleaning recommendation [ 763.9l(c)(2)1, and the response of the LEA to that recommendation. 10) A description of steps taken to inform workers and building occupants, or their legal guardians, about asbestos-related activities planned or in progress. 11) An evaluation of the resources needed to complete response actions successfully and carry out other asbestos-related activities. 12) A statement that only appropriately accredited consultants have contributed to the development of the management plan. 10-4 ------- Management Planner Certification An LEA may require the accredited individual(s) involved in the preparation or review of the management plan to certify that the plan is in compliance with AHERA. Such statement may not be signed by a person who also implements (or will implement) the management plan. Maintenance of the Management Plan 1) Upon submission of a management plan to the proper authority, the LEA must keep a copy of the plan in its administrative office and make it available for review by regulatory autholiLies, school personnel and d ieir r.presemative, parents and the public. 2) Each LEA must maintain in its administrative office a complete, updated copy of a rnanagemenrplanfor each school under its jurisdiction. The management plans must be available for review by regulatory authorities, school personnel and their representative, parents and the public during normal business hours. 3) Each school must maintain in its administrative office a complete, updated copy of the management plan for that school. Management plans must be available for inspection, without cost or restriction, to workers before work begins in any area of a school building. The school must make the plan available for review by regulatory authorities, school personnel and their representative, parents and the public within 5 working days after receiving a request for inspection of the plan. 4) Upon submission of its management plan to the Governor, and at least once each school year, the LEA must provide written notification to parent, teacher and employee organizations of the availability of management plans and must include in the management plan a description of the steps taken to notify such organizations and a dated copy of the notification. Recordkeeping Requirements Records as required under §763.94 must be made by LEAs and maintained as part of the management plan. Certification Statement Each management plan must contain a true and correct statement, signed by the designated individual, that the general LEA responsibilities have been or will be met. 105 ------- 10 -6 ------- SECTION 11 RECORDKEEPING Section 763.94 of the Asbestos-Containing Materials in Schools; FinalRule and Notice requires an LEA to keep records regarding the following in a centralized location in the administrative office of both the school and the LEA: • Preventive measures and response actions taken; • EmpIoy e asbestos training; • Periodic surveillance, cleaning and O&M activities; • Major asbestos activities; and • Fiber release episodes. Regulatory inspectors should call the LEA in advance of inspection and request that these records be made available for inspection. PREVENTIVE MEASURES AND RESPONSE ACTIONS For each preventive measure and response action taken for friable and nonfriable ACBM and suspected ACBM assumed to be ACM, the LEA must provide: • A detailed written description of the measure or action taken. This must include: - Methods used and reasons for selecting them; - Locations of the activities; - Start and completion dates of the work; - Contractor information (name, address, accreditation); and - Identification of the storage or disposal site of the ACM. • Upon completion of certain response actions specified by §763.90(i), the LEA must provide the following: - Name and signature of the person collecting any air samples; - Locations and date of sample collection; - Name and address of the laboratory analyzing the samples; - Date, method and results of the analysis; - Name and signature of the person performing the analysis; and 11—1 ------- A statement that the laboratory meets the requirements of §763.90(i)(2)(ii). TRAINING For each custodial or maintenance individual required to be trained [ 763.92(a)(l) and (2)], the LEA must keep records which include each person’s name, job title, and date, location and duration of the training. PERIODIC SURVEILLANCE For e ch tme periodic sun’eiiiacic .. is perfoirne 763.92(b;, the LFA LflUSt rec rd the n ..me of each person performing the surveillance, the date of the surveillance and any changes in the conditions of the materials. CLEANING For each time cleaning under §763.91(c) is performed, the LEA must record the name of each person performing the cleaning and the date, locations and methods used in such cleaning. OPERATIONS AND MAINTENANCE ACTIVITIES For each time that O&M activities under §763.91(d) are performed, the LEA must record the name of each person performing the activity, the start and completion dates of the activity, locations and 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. MAJOR ASBESTOS ACTIVITIES For each time that major asbestos activity under §763.91(e) is performed, the LEA must provide the name 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 and descriptions of the activity including preventive measures used, and, if ACBM is removed, the name and location of storage or disposal site of the ACM. FIBER RELEASE EPISODES For each fiber release episode under §763.91(f), the LEA must 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. 11-2 ------- SECTION 12 COMPLIANCE AND ENFORCEMENT Section 763.97 of the Asbestos-Containing Materials in Schools; Final Rule and Notice details activities considered unlawful under Title 1(15 U.S.C. Section 2601 et seq.), hereafter referred to as “the Act”, arid Title 11(15 U.S.C. Section 2641 et seq.), also known as “AHERA’;of the Toxic Substances Control Act (TSCA). Section 763.97 also describes civil and criminal penalties and injunctive relief, provides information for citizens wishing to file complaints and authorizes EPA to conduct inspections and review management plans. EPA inspectors should refer t the interim Final E; forcemen; i esponse Policy thc Asbestos Hazard Emergency Response Act issued January 31, 1989 by EPA’s Office of Compliance Monitoring (0CM), Office of Pesticides and Toxic Substances (OPTS), for details concerning enforcement options for violations of AHERA. This document is summarized in this section. TSCA TITLE I Most applicable to asbestos issues are the following sections of TSCA Title I: Definitions (Section 3) Of particular interest is the definition of “chemical substance”. “Chemical substance means any organic or inorganic substance of a particular molecular identity, including - - (i) any combination of such substances occurring in whole or in part as a result of a chemical reaction or occurring in nature ...“ Since asbestos is a naturally-occurring substance, it is considered a “chemical substance” and is regulated under sections 6 and 8 of TSCA Title I. Inspections and Subpoenas (Section 11) TSCA grants authority to inspect any establishment where chemical substances are held after their distribution in commerce. AHERA inspectors are authorized under Section 11 to inspect schools; they may not inspect contractors’ establishments, laboratories or consultants. TSCA also grants the Administrator subpoena authority. The Administrator is authorized to require the attendance and testimony of witnesses, the production of reports, papers, documents, answers to questions and other information deemed necessary. Prohibited Acts (Section 15) Section 15(i)(d) of TSCA Title I makes it unlawful for any person to fail or refuse to comply with any requirement of Title II (AHERA) or any rule promulgated or order issued (thereunder). Therefore, any person who violates any requirement of Title II is in violation of Title I of the Act as well. 12-I ------- Penalties (Section 16) Civil Penalty TSCA Title I, as amended by section 3(b) of Al-IERA, provides authority to use Title I en- forcernent mechanisms against “other persons” who violate AHERA regulations, including civil penalties of up to $25,000 per day, per violation. Each day such a violation continues shall constitute a separate violation of Section 15. However, an LEA is not liable for any civil penally under Title I of the Act for failing or refusing to comply with any rule promul- gated or order issued under Title II of the Act. Criminal Penalties Any person who knowingly or willfully violates any provision of section 15 may, in addition to or in lieu of civil penalties, be subject to criminal penalties of a fine of up to $25,000 for each day of violation, or to imprisonment for not more than one year, or both. Specific Enforcement and Seizure (Section 17) Under TSCA EPA is granted injunctive authority to petition the U.S. District Court to order to restrain any violation of Section 15 or to compel the taking of any action required by or under the Act. The EPA may obtain, after application to the appropriate Court, injunctive relief either under Title II of the Act (to respond to a hazard which poses an “imminent and substantial endangerment to human health or the environment”) or under 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 I of the Act.) Injunctive relief enforcement options are explained in more detail later in this section of the manual. Preemption (Section 18) TSCA stipulates that State law regarding a regulated substance cannot override Federal law; however, TSCA does allow States to apply for an exemption from this requirement. COMPLIANCE WITH TITLE II OF THE ACT Section 207(a) of Title U of the Act makes it unlawful for any LEA to: Fail to conduct inspections as required by AHERA; Knowingly submit false information to the Governor regarding any inspection; and Fail to develop a management plan. 12-2 ------- CITIZEN COMPLAINTS An ’ citizen wishing to file a complaint is directed to notify the Governor of the State or the EPA Asbestos Ombudsman in Washington, DC. The complaint should be in writing and identified as a citizen complaint. The Ombudsman or the Governor will 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. AHERA ENFORCEMENT RESPONSE POLICY Introduction On January 31, 1989, EPA’s Office of Compliance Monitoring (0CM), issued its Enforcement Response Policy for the Asbestos Hazard Emergency Response Act (Interim Final). This Enforcement Response Policy (ERP) calls for the issuance of civil complaints (with penalties to LEAs of up to $5000 per day per violation), Notices of Noncompliance (NONs), and criminal actions to LEAs and other persons who do not comply with AHERA. The ERP also calls for the use of injunctive relief to respond to hazards to human health or the environment, or to compel an LEA or other person to comply with any requirement of AHERA. The ERP also calls for EPA to notify, when necessary, the State Governor and the public of an LEA’s violation of AHERA. Under TSCA Title I, as amended by AHERA, EPA may utilize all enforcement remedies provided under TSCA Title I against “other persons” who violate the provisions of AHERA and its regulations. “Other persons” include those who design or conduct response actions for LEAs when not accredited to do so, laboratories that are not accredited to perform air monitoring or do not follow the protocol stipulated in Appendix A, etc. Such entities may be assessed civil penalties of up to $25,000 per day per violation. The following summary is provided as a preamble to the ERP. EPA may take enforcement action (although not necessarily administrative civil complaints) for all violations of AHERA by LEAs and “other persons” (i.e., contractors, laboratories, etc.). • Enforcement response includes issuance of civil penalties, notices of non- compliance (NONs), press releases, notification of State Governor, technical assistance, criminal referrals, and injunctive relief. • Civil penalties assessed against LEAs may not exceed $5,000 per day for each school building. Other persons are liable for civil penalties up to $25,000 per day per violation. 12-3 ------- • Civil penalties may only be assessed against LEAs that: 1) fail to conduct inspections in accordance with the regulations; 2) submit false information to the Governor regarding inspections; 3) fail to develop a management plan; 4) submit false information the Governor regarding a deferral request; 5) conduct a response action in violation of the extension bill before the mana e it plan is 3& xr.jtt . • Failure to develop a management plan refers to: 1) submission of the management plan; 2) completeness of the plan; 3) use of unaccredited person to develop the management plan; 4) public notification and availability of the management plan. • LEA violations of AHERA for which EPA does not have civil penalty authority (i.e., most implementation violations) will be responded to with an escalating enforcement response. For example, since a civil penalty cannot be issued to an LEA for not implementing the management plan, EPA will issue a NON and press release to encourage compliance. If these prove ineffective, the State Governor will be notified. Injunctive relief or criminal referral will be considered if the Governor does not provide assistance. • The Al-IERA ERP provides for NONs to be issued to LEA employees for the first AHERA violation for which they are responsible. EPA may assess civil or criminal penalties to these persons for egregious violations, knowing or willful violations, or repeat violations. Administrative Civil Penalties In general, the ERP calls for administrative civil penalties to be issued to LEAs for violations identified in AHERA section 207 (a) (See Compliance with Title II of the Act). Additionally, administrative civil penalties are the appropriate enforcement response for violations of AHERA by persons other than the LEA (“other persons”), except as otherwise specified in the policy. LEAs may be issued civil penalties of up to $5,000 per day per violation of A}{ERA as identified in AHERA section 207. 12-4 ------- Concurrence Pursuant to the Delegations Manual, regional enforcement must obtain written concurrence from the Office of Compliance Monitoring (0CM) prior to initiating an administrative civil penalty for violations of AHERA. A Region may request relaxation of the concurrence requirements for civil actions taken against LEAs once three adrninisu-ative civil complaints have been successfully issued to an LEA and closed out. A Region rtiuy separate!y request relaxation of concurrencc for civil actions taker against “o ier p2i SOliS” oAlce three administrative civil compiaints ha e been successfully issued to an “other person” and closed out. Regions must also obtain 0CM concurrence for the first three administrative civil complaints that are successfully issued to LEA employees and successfully closed. For the civil actions to be considered successful, regional cases must have been supported by adequate evidence of the violation, and the proposed penalties and final assessments must conform to this AHERA enforcement response policy. • Finally, Regions must obtain 0CM concurrence for each administrative civil complaint that is issued to an LEA or “other person” which is calculated on a and final assessments must conform to this AHERA enforcement response policy. Notices of Noncompliance (NON) Except as noted later in this section, it is not appropriate to issue NONs for violations of AHERA by persons other than the LEA. Such violations will usually warrant a civil complaint. NONs are to be issued to LEAs for all violatins of A}IERA and/or the AHERA regulations that are not responded to by other enforcement mechanisms. These include all management plan implementation violations, or other on-going implementation violations for which an administrative civil complaint cannot be issued or injunctive relief is not obtained. Additionally, NONs are to be issued to LEAs for the LEA’s first citation for any Level 6 violation or Level 3, 4, or 5 minor extent violation, regardless of the number of school buildings involved. (See the Calculating the Administrative Civil Penalty for the LEA portion of this section for a description of “Levels” and “Extents”.) Civil complaints are to be issued for the LEA’s second Citation of a Level 6 violation or a Level 3, 4, or 5 minor extent violation and are to be calculated using the Penalty Matrix for LEAs found in Table A of the ERP which has been reproduced as Table 12-1 in this manual. 12-5 ------- NONs may also be used in certain circumstances as the initial enforcement response to LEAs that have failed to conduct an asbestos inspection and submit a management plan to the State on time. Such NONs must require LEAs to submit documentation within 60 days to the EPA Regional Office that they have completed the inspection and submitted the management plan to the State. The NON must further state that if the LEA does not submit this documentation within 60 days after receipt of the NON, the Agency will issue an administrative civil penalty to the LEA for its failure to conduct the inspection andlor submit the management plan. The ERP also states that Regions should consider LEAs that contain the most students and have a history of violating asbestos regulations, as having the highest priority to receive follow-up civil complaints. Other appropriate criteria may also be used to determine which LE ili receive rellow-up civil complaints. NONs issued for other than Level 6 or Level 3,4 or 5 minor extent violations must state that repeat violations of AHERA may be subject to additional enforcement actions, including criminal penalties and court injunctions and must be sent to individuals noted in the ERP. All NONs issued for substantive AHERA violations are to require the LEA to submit documentation of the violation’s correction to the EPA Regional Office within 30 days. If the LEA has not submitted such documentation within the allotted time, the Region must pursue further action such as press releases, notification of the State Governor, injunctive relief or criminal referrals. Injunctive Relief The Agency may obtain injunctive relief under AHERA, as well as under TSCA Title I. AHERA section 208(b) authorizes injunctive relief in cases where “the presence of airborne asbestos or the condition of friable asbestos-containing material in a school building ...poses an imminent and substantial endangerment to human health or the environment.” Since these conditions correspond roughly to the “imminent hazards” of section 7 of TSCA Title I, Al-JERA section 208(b) should be utilized in a similar manner as that section. Section 17 of TSCA Title I authorizes injunctive relief to restrain any violation of AHERA, or to compel the taking of any action under AHERA. This authority is very broad and can support a wide range of injunctive actions, including actions to compel compliance by LEAs where it is not possible to obtain administrative civil penalties for violations of AHERA. The ERP suggests that Regions consider seeking injunctive relief in situations where LEA noncompliance with AHERA will significantly undermine the intent of ARERA. These types of violations include, but are not limited to: failure or refusal to make the management plan available to the public without cost or restriction; failure or refusal to conduct required air monitoring following a response action; or the initiation of a response action without the use of accredited personnel. 12-6 ------- Regions should consider seeking injunctive relief under TSCA Section 17 against LEAs for the violations indicated in Appendix A of the ERP; however, Regions should attempt other enforcement mechanisms, such as press releases and notification of the State, before such injunctive relief is pursued. All cases for which injunctive relief is sought are to be referred to the Department of Justice (DOJ) in accordance with the most recent guidance from the Office of Enforcement and Compliance Monitoring (OECM). Criminal Penalties EPA may issue criminal penalacs to any person (e.g., c nwactors, LtiAs, ,EA empIoy es, etc.) who knowingly or willfully violates provisions of the AHERA regulation. Criminal referrals should be considered in cases where an LEA or “other person” has refused to rectify a violation after repeated warnings from EPA to do so. Criminal referrals are also appropriate where an LEA has knowingly or willfully continued a violation of AHERA for which a NON has previously been issued. Press Releases EPA Headquarters recommends issuing press releases for most violations of A}{ERA. This action serves to notify the community of an LEA’s or other person’s noncompliance and also educates the public on the requirements of AHERA. Notification of State Governors In situations where LEA compliance is not forthcoming, Regions should notify the State Governor, State ARERA Designated Agency/Person, or State Board of Education about the LEA’s noncompliance with AHERA or recalcitrance. This enforcement response may be particularly useful for violations where the EPA does not have civil penalty authority and NONs and press releases have proven ineffective. Referrals to Headquarters If enforcement mechanisms undertaken have failed to generate compliance, Regions may submit cases to the Compliance Division of 0CM for consideration of other enforcement responses, Liability Civil penalties issued for violations of some of the provisions of AHERA could be issued to both the LEA under AHERA and “other persons” under TSCA Title I. For instance, the use of persons not accredited under AHERA to conduct asbestos inspection may result in two separate administrative civil complaints, one against the LEA under AHERA section 207(a)(1), and another under TSCA Title I against the unaccredited person who conducted the inspection. Similarly, civil penalties could be issued to the LEA and the laboratory, under 12-7 ------- AHERA and Title I respectively, if the laboratory did not conduct the bulk sample analysis in accordance with the AHERA regulations. Generally, when both the LEA and “other persons” have violated A}IERA, administrative civil penalties should be issued separately to each. However, a civil complaint should not be issued to the LEA in a situation where the LEA can document that it made a reasonable effort to assure that the contracted “other person” complied with AHERA (e.g., the contractors or laboratories falsified statements about accreditation or provided false credentials). Similarly, a civil complaint should not be issued to a laboratory if the laboratory can demonstrate that it did not know, or have reason to know, that the bulk sample analysis was to be used by an LEA to comply with the requirern’ nts of AJ-{ERA. In such a situation. the administrative civil complaint would be issued to the LEA. ASSESSING ADMINISTRATIVE CIVIL PENALTIES AGAINST AN LEA Violations Pursuant to AHERA section 207(a), administrative civil penalties may only be assessed against an LEA that: • fails to conduct an inspection pursuant to the regulations under AHERA section 203(b); knowingly submits false information to the Governor regarding an inspection pursuant to the regulations; fails to develop a management plan pursuant to the regulations under AHERA section 203(i); • carries out any activity prohibited by section 215 of AHERA as amended; or knowingly submits false information to the Governor regarding a deferral request under section 205(d) of AHERA as amended; Fails to Conduct an Inspection Pursuant to Regulations Violations of this provision of AHERA include all the requirements associated with the inspection of a school building in order to identify the presence and condition of asbestos- containing building material (ACBM). These requirements include: the use of accredited personnel; • the use of accredited laboratories; assessment requirements; and 12-8 ------- bulk sample analysis requirements. Submits False Information Regarding an Inspection Violation of this section of AHERA is limited to knowledgeable submission of falsified information in a management plan to the Governor. Such information includes falsified laboratory reports and false representation of an inspector’s or laboratory’s accreditation. Fails to Develop a Management Plan This s ction of AH1 RA ref ” rs to the rocess of preparing a complete management plan docu- ment for submission to the State Governor. An LEAs development of the management plan continues to the point where the State Governor can no longer disapprove the plan and rec- ommend changes to that plan. Violations of AHERA that are considered “failure to develop a management plan” are listed in Appendix A of the ERP. These violations include, but are not limited to: • using an unaccredited person to prepare the plan; • having a management plan that does not contain all the required elements; failing to submit the plan to the State; failing to notify the public of the management plan’s availability; and failing to make the plan available to the public without cost or restriction. Inspectors should note than an LEA may be cited for “failure to develop a management plan” if the plan is not complete or not developed by an accredited person, even if the LEA’s management plan was not disapproved by the State. Cames Out Any Activity Prohibited by Section 215 of AHERA as Amended Section 215 of the AHERA extension bill amends section 205 of AHERA to state that as of October 12, 1988, renovations or removals of any building material, with the exception of emergency repairs, are prohibited in schools whose management plans have not completed the AHERA State review process, unless: the school is carrying out work with a grant under EPA’s Asbestos School Hazard Abatement Act (ASHAA) award program, or an inspection which complies with AHERA has been completed in the school and the LEA complies with the following provisions of Asbestos-Containing Materials in Schools; Final Rule and Notice (40 CFR Part 763): 12-9 ------- -763.90 (response actions), -763.91 (operations and maintenance activities), -763.92(a)(2) (training requirements). Any LEA which violates section 215 of Al-IERA as amended is subject to administrative civil penalties under AHERA section 207(a)(4). Knowingly Submits False information Regarding the Deferral Request Administrative civil penalties may be assessed if any of the information or statements svbmitted by an LEA to the State in a deferral request are knowingly false. An LEA which falseiy states that parent, teacher or employee organizations have been notified of the LEA’s intent to request the deferral, and, in the case of a public LEA, that the LEA has conducted the required public meeting of the school board to discuss the deferral request with the affected groups is in violation of this component of AHERA. Multiple Violations Section 207(a) of AFLERA states that an LEA is liable for administrative civil penalties of not more than $5,000 per day per violation. A “violation” is defined as failure to comply with the provisions of section 207(a) with respect to a single school building. Total penalties which exceed $5000 per day are to be reduced to $5000 per day. If an LEA has jurisdiction over several school buildings, however, the total civil penalty assessed against the LEA will be the sum of the penalties calculated for each school building. For example, if an LEA has six schools in violation of AHERA, the maximum civil penalty which can be assessed is $30,000 ($5000/school). One Day or Per Day Assessments Generally violations of AHERA by an LEA will be considered as one- day violations (See Appendix A of the ERP). However, if a Region encounters a situation where “per day” penalties to an LEA are more appropriate, after concurrence by 0CM, such a civil penalty may be issued. For example, if an LEA violates the requirements of AHERA after a civil complaint has already been issued, it may be appropriate to amend the civil complaint or file a second complaint to seek additional civil penalties on a “per day” basis. Regions should also contact the State to inform them of an LEA’s recalcitrance and may also consider seeking injunctive relief or pursuing criminal penalties, depending on the facts of the case. Calculating the Administrative Civil Penalty for the LEA In determining the amount of a civil penalty to be assessed against an LEA, the Administrator shall consider: 12-10 ------- the significance of the violation; • the culpability of the violator, including any history of previous violations under the Act; • the ability of the violator to pay the penalty; and • the ability of the violator to continue to provide educational services to the community. A Gravity Based Penalty (GBP) matrix is used to determine the initial or “base penalty”. Like the standard TSCA Civil Pt naity matrix, the GBf’ ukes into acLount the circumstances and extent of the violation in determining the penalty (see Table 12-1 below). The TSCA matrix cannot be used since the maximum penalty that can be assessed for violations of TSCA Title I is five times that permitted by AHERA. Because of this, each cell of the GBP matrix contains a figure one-fifth the corresponding TSCA amount. TABLE 12-1 Base Penalty for LEA A B C CIRCUMSTANCES MAJOR SIGNIFICANT MINOR 1 $5,000 $3,400 $1,000 High Range 2 $4,000 $2,400 $600 3 $3,000 $2,000 $3Ø(J* Mid Range 4 $2,000 $1,200 $200* 5 $1,000 $600 $100* Low Range 6 $400* $260* *Issue NONs for the first citation of violations that fall within these cells if that is the only violation. Circumstances The “Circumstances” column of the GBP reflects the probability that harm will result from a particular violation. In the case of AHERA, the probability of harm increases as the potential for asbestos exposure to school children and employees increases. 12-Il ------- Levels 1 and 2 (High): The violation is likely to cause harm. Levels 3 and 4 (Medium): There is a significant chance the violation will cause harm. Levels 5 and 6 (Low): There is a small chance the violation will result in harm. Appendix A of the ERP lists Circumstance levels which have been assigned to each provision of AHERA which an LEA may violate. Inspectors should refer to this list when dete;mini ng appropriate civil penalties. For example, if an inspector determines that an LEA has failed to use an accredited inspector to conduct inspections, Appendix A reveals that such a violation has been assigned a Circumstance level of 1 (High). On the other hand, failure by a laboratory to provide bulk sample analysis information to the LEA’s designated person within 60 days is assigned a circumstance level of 6 (Low). Extent The second step in selecting the base penalty for a specific violation from the matrix is to determine its position on the ‘ Extent” axis. This axis of the GBP matrix reflects the extent of potential harm caused by a violation. In the case of AHERA, harm would be determined by the quantity of the regulated substance involved in the violation (e.g., quantity inspected, removed, enclosed, encapsulated, or repaired in violation of the regulation). MAJOR - violations involving more than 3,000 square feet or 1,000 linear feet of ACBM.* • SIGNIFICANT - violations involving more than 160 square feet or 260 linear feet** and less than or equal to 3,000 square feet or 1,000 linear feet. • MINOR - violations involving less than or equal to 160 square feet or 260 linear feet. *3,000 square feet or 1,000 linear feet was the cutoff for transmission electn,n mi oicopy (FEM) until October 7, 1989 [ 40 CFR 763.90(6)]. ** 160 square feet or 260 linear feet is the cutoff for reporting under the National Emissions Standards for Hazardous Air Pollutants (NES HAP), and the cutoff in 40 CFR 763.90 (iX5) for use of phase- contrast microscopy (PCM). In circumstances where the quantity of asbestos involved in the AHERA violation cannot be readily determined, the civil penalty is to be calculated using the MAJOR extent category. 12-12 ------- Adjustment Factors As required by AHERA section 207, the penalty assessed against an LEA for violations of AHERA must also consider the culpability of the violator, including any history of violations: the ability to pay; and the ability of the LEA to continue to provide educational services. Culpability of the LEA Since the EPA exerted considerable effort to inform all LEAs about the AHERA regulation, 0CM does not anticipate situations in which a reasonably prudent and responsible LEA would not know of its resportsibilitii s regarding AHERA. Howe;’er, in those rare situations where it can be show’i that the LEA did nct know aSout its iespon;ibilities unde AHERA, Regions may, at their discretion, adjust the penalty downward as much as 25%. The penalty may also be reduced by 25% when the LEA does not have control over the violation charged. Further, the civil action may be eliminated completely in situations where the LEA can document that it made a reasonable effort to assure compliance. For example, if the LEA took reasonable steps to determine if an asbestos inspector was accredited, and further specified in the job contract that persons who conduct inspections for ACBM must be accredited under AHERA for that activity, then generally the Agency will not take a civil action against that LEA for that violation. The Agency will, however issue a civil complaint against the unaccredited inspector. History of Previous Violations The GBP matrix provided in Table 13-1 is designed to apply to “first offenders” (or second offenders for the asterisked matrix cells. Where an LEA has demonstrated a history of violations under TSCA Title H, the penalty is to be adjusted upward in accordance with the TSCA Penalty Policy. The Agency will disregard an LEA’s prior history of violations in calculating the penalty for a voluntarily disclosed violation; however, for violations discovered by the Agency, the Agency will address history of prior violations as indicated in the TSCA Penalty Policy, even if the prior history results from a violation which was voluntarily disclosed. Ability of LEA to Pay/Ability of LEA to Continue to Provide Educational Services Section 207 of AHERA stipulates that all civil penalties collected from an LEA will be returned to the LEA for use in complying with the requirements of AHERA. Any portion of the penalty remaining unspent after compliance by the LEA is to be deposited into the Asbestos Trust Fund. 12-13 ------- Other Factors Since Al-IERA section 207(a) states that civil penalties issued to LEAs must be assessed in the same manner as those under TSCA section 16, EPA may also consider ‘other factors as justice may require”, such as “voluntary disclosure” and “attitude of the violator”, when assessing civil penalties against LEAs. According to the ERP, civil penalty amounts for an LEA’s violation of AHERA will be reduced by as much as 50% if the violations are voluntarily disclosed by the LEA. The Agency, however, will not consider voluntary disclosure reduc7ztions if the LEA has been no:ified of a scheduled EPA compliance inspection or if the EPA compliance inspection has already begun. The ERP also stipulates that the existing adjustment provision for “Attitude of the Violator” in the TSCA Civil Penalty Policy (September 10, 1980) may also be applied to adjust the penalty either upward or downward by as much aslS%. This adjustment applies equally to LEAs that voluntarily disclosed violations and those that did not. A downward reduction typically is awarded to an LEA which immediately take steps to rectify the violation and which has not been deemed culpable. ASSESSING ADMINISTRATIVE CIVIL PENALTIES AGAINST PERSONS OTHER THAN THE LEA TSCA Title I section 15(1)(d) states that it is 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. This provision subjects persons other than LEAs (“other persons”) to civil penalties of up to $25,000 per day for each violation of AHERA. Generally, total civil penalties calculated which exceed $25,000 per day for violations in a single school building are to be reduced to $25,000 per day. Civil penalties assessed against “other persons” are to be issued to the company if there is one. Such penalties do not go into the Asbestos Trust Fund or back to the LEA for AHERA compliance; the penalties are to be sent to the standard EPA Regional civil penalty lockboxes. Calculating the Administrative Civil Penalty for “Other Persons” The amount of a “base penalty” to be assessed to an “other person” takes into account a “gravity based penalty” (GBP) matrix (see Table 12-2) and various adjustment factors. Since administrative civil penalties assessed against persons other than the LEA are issued under TSCA Title I, the maximum penalty found in the GBP matrix is $25,000. 12-14 ------- TABLE 12-2 Base Penalty for “Other Persons” A B C CIRCUMSTANCES MAJOR SIGNIFICANT MINOR Levels 1 $25,000 $17,000 $5,000 High Range 2 $20,000 $13,000 $3,000 3 $15,000 $10,000 $1,500 Mid Range 4 $10,000 $6,000 $1,000 5 $5,000 $3,000 $500 Low Range 6 $2,000 $1,300 $200 Multiple Violations Consistent with administrative civil penalties issued to LEAs, a violation of AHERA will generally mean failure to comply with respect to a single school building. Therefore, the maximum penalty that will generally be assessed against an “other person” for all violations in a single school building is $25,000 per day. Total administrative civil penalties which exceed $25,000 per day will generally be reduced to $25,000 per day. In situations where the violation is egregious, the Agency, with the concurrence of 0CM, may assess administrative civil penalties to an “other person” in excess of $25,000 per school building. One Day or Per Day Assessments Inspectors should refer to the list of violations in Appendix B of the ERP to determine whether violators are to be assessed civil penalties on a “one day” or “per day” basis. If an “other person” continues to violate A}IERA after the assessment of a civil penalty on a “one day” basis, the Agency may amend the civil complaint or file a second complaint to seek additional civil penalties on a “per day” basis. Regions may also consider seeking injunctive relief or pursuing criminal penalties, depending on the facts of the case. In certain circumstances, and with the concurrence of 0CM, a Region may issue a civil complaint calculated on a “per day” basis against an “other person” where the “one day” assessment recommended in Appendix B is inappropriate. 12-15 ------- Adjustment Factors Once the gravity-based penalty has been determined, adjustments (either upward or downward) to the penalty amount are made in consideration of the following factors: • Culpability; • History of such violations; • Ability to pay; • Ability to .ontinuc in busiries ; and Such other matters as justice may require (e.g., voluntary disclosure, attitude). Settlement with Conditions Regions may choose to remit some or all of first-time civil penalties assessed against “other persons”, if the “other person” agrees to correct the violation for which the penalty is being assessed, correct the violation in other schools in which similar violations of AHERA may have occurred, or agrees to mandatory AHERA training in order to reduce the chance of a reoccurrence of the AHERA violation in other schools (i.e., 16 hour O&M training, AHERA accreditation, or other training as the Region sees appropriate to reduce the possibility of a repeat violation). Generally, remitting some or all of a civil penalty in exchange for mandatory AHERA training is only appropriate in situations where an “other person” is not typically involved with asbestos, and is likely to cause subsequent environmental harm due to ignorance of asbestos work practices and AHERA. For example, a painter who was not informed by the LEA of the presence of asbestos may release asbestos fibers into the air while scraping old paint off a school wall containing friable asbestos. The painter could be issued a civil penalty of up to $25,000; however, the Region may choose to remit the entire penalty in exchange for the painter’s correcting the violation and/or taking A.HERA training to prevent such a violation in the future. (The LEA in this situation is also in violation of AHERA, since it did not inform the painter of the presence of asbestos in the work area.) LEA Employees as “Other Persons” Most enforcement actions should be taken against “other persons” (i.e., contractors) or the LEA. However, LEA employees, such as janitors, the superintendent and the LEA designated person are also considered “other persons” and are therefore subject to civil penalties under TSCA Title I of up to $25,000 per day per violation of A}IERA. Further, LEA employees are subject to criminal action for knowing or willful violations of AHERA under TSCA Title I. 12-16 ------- Generally, EPA will issue a NON to an LEA employee who has violated the less serious requirements of the AHERA statute or its regulations for the first time. EPA will only assess administrative civil penalties against LEA employees who are responsible for an egregious and/or knowing or willful violation, or have violated AHERA or its regulations a second time. EPA may also pursue criminal action against LEA employees responsible for an egregious and/or knowing or willful violation. (Inspectors should note that the first three administrative civil complaints issued to an LEA employee must have the concun ence of 0CM prior to their issuance.) ASSESSING ADMINISTRATIVE CIVIL PENALTIES AGAINST PRIVATE NON. PROFIT SCHOOLS AHERA section 202(7) states that the owner of the building that contains a private non- profit elementary or secondary school is considered the LEA. Therefore, if a private non- profit school does not own its own building, then that private non-profit school is considered an “other person” and not the LEA. In this situation, a private non-profit school could be subject to administrative civil penalties under TSCA Title I of up to $25,000 per day per violation of AHERA. However, in the event that a private non-profit school violates AHERA, Regions are expected to treat the school as an LEA and assess administrative civil penalties accordingly (up to 5,00O per day per violation). All such civil penalties are given to the school for the purposes of complying with AHERA. The owner of a building where space is leased to a private, non-profit school is considered an LEA under AHERA and may be assessed administrative civil penalties in the same manner as other LEAs. Since such an owner may be totally unaware of the AHERA regulation, civil penalties are not usually assessed against this individual. However, Regions should consider assessing civil penalties against the owner of the building where the private, non-profit school has notified EPA that the owner has refused to rectify AHERA violations over which the School has no authority. 12.17 ------- 12-18 ------- SECTION 13 TRANSPORT AND DISPOSAL OF ASBESTOS WASTE Transport and disposal rules under TSCA section 203(h) have not yet been proposed. In accordance with TSCA section 204(f ), therefore, LEAs must provide for transportation and disposal of asbestos in accordance with the most recent version of EPA’s Asbestos Waste Management Guidance (hereafter referred to as the “Guidance”). i he Guidan e notes that reguli2zi n governing U e n port of asbes: s- contait 4 irg wast-’ promulgated by both EPA and the Department of Transportation (DOT) are applicable to school waste. EPA issued the National Emissions Standards for Hazardous Air Pollutants (NESI-IAP) (40 CFR Part 61, Subpart M) under the Clean Air Act and DOT promulgated transport rules at 49 CFR Part 173, Subpart J. These rules are considered sufficient to ensure the proper loading and unloading of vehicles and to ensure the physical integrity of containers. The Guidance specifies that both EPA and DOT requirements must be met. Applicable provisions of the Guidance are included as Appendix D of the Asbestos- Conlaining Materials in Schools; Final Rule and Notice. Regulatory inspectors visiting active abatement sites in schools may have an opportunity to observe whether the LEA is abiding by the recommendations offered in this document. The guidance document defines transport 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, in recognition of the potential hazards and subsequent liabilities associated with exposure, the Guidance offers recommendations concerning the following: • Transporter and landfill operator recordkeeping; • Waste handling; • Waste transport and disposal; • Selection of a disposal facility; and • Asbestos waste landfill operation. Each of these categories, as it applies to an LEA, is summarized below: RECORDKEEPING As a generator of asbestos waste, the LEA should sign a chain-of-custody (COC) form for each shipment of waste offered to a transporter. The COC may include the following information: 13-1 ------- • Name and address of the generator; • Name and address of the pickup site; • Estimated quantity of asbestos waste; • Types of containers used; and • Destination of the waste. Regulatory inspectors may request to see any such forms kept at the abatement site. WASTE HANDLiNG The LEA should not offer for transport, and the transporter should not accept (if there is reason to believe that the condition of the asbestos waste may allow significant fiber release), any improperly contained or labeled asbestos waste, or containers whose outside surfaces are contaminated with asbestos debris. LEAs who offer such materials for transport will be in violation of the waste handling requirements of both NESHAP and AIIERA. WASTE TRANSPORT AND DISPOSAL The Guidance recommends that vehicles used for transport of containerized asbestos waste have an enclosed carrying compartment or canvas covering sufficient to contain the transported waste, prevent damage to containers and prevent fiber release. 20-cubic-yard “roll off’ boxes used to transport large quantities of asbestos waste should also be covered. Compacting vehicles should not be used because compaction will cause waste containers to rupture. Vacuum trucks used to transport waste slurry must be inspected to ensure that water is not leaking from the truck. The Guidance recommends that asbestos waste be landfilled and notes that EPA has established asbestos disposal requirements for active and inactive disposal sites (NESHAP), specifies general requirements for solid waste disposal under the Resource Conservation and Recovery Act (RCRA), and requires advance notification of the intended disposal site (NESHAP). DISPOSAL FACILITY SELECTION LEAs are responsible for ensuring that the asbestos waste is deposited at a landfill which adheres to EPA’s requirements of “no visible emissions”, or minimizes emissions by covering the waste within 24 hours. It is noted that generators should investigate and comply with any special requirements the landfill may have pertaining to containerization of the asbestos waste (such as placing all bagged waste into 55-gallon metal drums). 13-2 ------- The LEA may also have to meet more stringent requirements of State or local regulatory agencies. The Guidance notes that these agencies usually supply a list of “approved’ or licensed asbestos disposal sites upon request. An LEA can also find solid waste control agencies listed in local telephone directories under State, county or city headings or obtain such a list by calling the RCRA Hotline in Washington, DC. ASBESTOS WASTE LANDFILL OPERATION The Guidance offers a number of recommendations to the operator of the landfill concerning reception of asbestos waste, waste deposition and covering, controlling public access and recordkeeping. The landfill operator is told to notify the appropriate EPA Regional Asbestos NESHAP Contact if asbestos waste being received is not properly containerized. Under NESHAP the generator is held responsible for proper packaging and disposal of asbestos waste; therefore, an LEA, to avoid violations of the asbestos NESHAP, must ensure that the waste is handled appropriately. 13-3 ------- 13-4 ------- APPENDIX A GUIDANCE FOR COORDINATION OF ASBESTOS NESHAP-AHERA COMPLIANCE INSPECTIONS A-i ------- A-2 ------- \.cIo $7 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY _____ WASHINGTON, D.C. 20460 i );q PRC1 JUN — 5 1989 MEMORANDUM SUBJECT: Guidance for Coordination of Asbestos NESHAP-AHERA Compliance Inspections FROM: John S. Seitz, Director Stationary Source Comp Office of Air Quality Connie A. Musgrove Xe?TIef Office of Compliance Monitoring TO: Addressees On September 29, 1988, the Integration of Agency Asbestos Activities Memorandum signed by The Assistant Administrators of OAR, OPTS, and OECM was sent to the Regional Administrators requesting a plan that addresses the multiple aspects of asbestos activities throughout the Agency. Integration plans received from the Regional Offices indicated that coordinated NESHAP/AHERA inspections were appropriate and should be considered in the normal course of business. This memorandum solic its your participation in a program which coordinates NESHAP and AHERA compliance inspections, between June and August 1989. The Stationary Source Compliance Division (SSCD) and the Office of Compliance Monitoring (0CM) are in agreement that an initiative be undertaken to monitor the compliance of asbestos activities at schools for conformance with the AHERA and NESHAP provisions. This will provide a statistical basis for any further compliance activities at these sites in the future. An evaluation of this special effort will take place in September and October 1989. Since a large number of asbestos removal projects (demolition/renovation under NESHAP) will occur over the summer while school children and teachers are on vacation, the Agency needs to assure that inspections are targeted at these projects. To ensure inspection coverage at these high risk sites, we feel it is appropriate to target schools, using a combination of AHERA and NESHAP criteria. It is anticipated that a significant number A-3 ------- —2-- of school sites will be inspected. These inspections will incorporate the review of NESHAP compliance and a check for compliance with key AHERA provisions relating to response actions and availability of management plans. At this time, the primary goal of the AHERA program continues to be obtaining the highest possible compliance with development and submission of asbestos management plans. Program resources are devoted to issuing notices f noncompliance ard civil ‘c rnplaints, as well as providing teclinical assistance to obtain compliance. The largest local education agencies (LEAs) should be the focus for targeting coordinated NESHAP/AHERA compliance inspections for two reasons: 1) larger projects which meet the NESHAP regulatory threshold are more likely to be scheduled in large school systems, and 2) inspections at large school systems have the greatest impact for covering sizable school populations which may be at risk. The Regions may also provide a number of potential targets at smaller schools to obtain broader coverage if those projects are identif led as top or high priority in the NESHAP targeting scheme. The AHERA program should provide the NESHAP program with a list of the largest LEAS in the Region (a distribution among all States is recommended). The list should note any information the AHERA program has on sched.uled asbestos removal/renovation projects by these LEAs, from sources such as settlements of cases or tips/complaints. In addition, the AHERA program should provide a list of contractors known to conduct asbestos work in schools in the Region. This information along with the data contained in the National Asbestos Registry System (NARS) should focus the Regions activities on those sites deserving of our attention. Inspectors perform the usual NESHAP compliance inspection plus a key-provision inspection for 7 HERA. An abbreviated AMERA compliance checklist for use by NESHAP inspectors is attached. (We anticipate that these inspections will be carried out at the Regional/State/Local level as would be the normal course of action). It is expected that these inspections would be conducted in lieu of others that might take place otherwise. This should not be an additional activity, but a redirection of the asbestos NESHAP effort. A-4 ------- —3— The NESHAP program should establish a mechanism for returning inspection results to the AHEPA program for review. AARP enrollees may assist in this process Both NESHAP and AHERA staff should review inspection results. The NESHAP program will take civil actions for TESHAP violations, while the AHERA program will take administrative actions for the AHERA violations. The NESHAP inspector’s report can be used to document violations under AHEPA. In the case of violation ’ of both sta -utes, tile prog:ai shou1 I contact Headquarters for guidance on the appropriate enforcement action to be taken. Joint NESHAP/AJIERA civil injunctive actions may be taken whenever feasible. The two programs should agree on a system to track the coordinated inspection targets, accomplishments and enforcement actions for management and coordination purposes. In addition, a preliminary report of these activities will be requested to be submitted to SSCD/OCM by September 15, 1989, to serve as the basis for the evaluation of this coordinated inspection program. This guidance is intended to allow adaptation for existing Regional systems or unique circumstances. Details of the plans are to be worked out by the two asbestos programs. With regard to FY 89 integration activities carried out by States with TSCA compliance cooperative agreements, as a minimum, States should continue to refer any violations of the Worker Protection or NESHAP requirements observed during their HERA inspections to their EP Regional office and the state agency responsible for the NESHAP program, as applicable. The final version of the TSCA compliance cooperative agreement guidance for FY 90 will address expanded state-level coordination with NESHAP. Maureen Lyclon, Chief of the 0CM Grants and Evaluation Branch (FTS 382-7825), can provide additional information on state TSCA agreements. Questions concerning this guidance for coordination of asbestos/NES ,’ J p inspections can be referred to either Linda Flick, 0CM, FTS 382—2289 or Omayra Salgado, SSCD, FTS 382—2837. Attachment A-5 ------- —4— Addressees Regional Air Division Directors Regional Pesticides/TOXiCS Division Directors Regional Air Compliance Branch Chiefs Regional Pesticides/TOXiC Branch Chiefs Regional Asbestos NESHAP Coordinators Regional Asbestos Coordinators Regional Counsels Cr’: Michael tthl David Kliiig Frederick Stiehi Terrell Hunt A-6 ------- ABBREVIATED CHECKLI ST FOR AHERA COMPLIANCE FOR USE ON NESHAP INSPECTIONS Local Education Agency (LEA) _________________________________ Address _________________________________ School _____________________________________ Address ___________________________________ D sigr.atec . Person - Phone number __________________________________ batement Project Description (including size of project): Was Project Supervisor Accredited? Yes ______ No _______ Accreditation Number ____________________ Date ____________ Each worker, state/number of accreditation, date of accreditation Was Air Clearance in progress? Yes ________ No __________ Name of Person Conducting Clearance ____________________________ Affiliation Laboratory Contracted to analyze samples: Name Address/Phone number Type of Analysis: T 1 ________ PCM ________ Was the Management Plan available to look at? Yes ___ No ___ Location of Plan LEA ___ School — Was the abatement project included in the Plan? Yes ___ No ___ Inspector Date A-7 ------- A-S ------- APPENDIX B ASBESTOS-CONTAINING MATERIALS IN SCHOOLS: FINAL RULE AND NOTICE B-i ------- B-2 ------- Friday October 30, 1987 Part III Environmental Protection Agency 40 CFR Part 763 Asbestos-Containing Materials in Schools; Final Rule and Notice ------- 41826 Federal Register I Vol. 52. No. 210 / Friday. October 30. 1987 / Rules arid Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 763 OPTS-62048E FRL-3269—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 (TSCAJ. 15 U.S.C. 2&43. to requ ; e all local education agencies (LEAs) 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 activities in 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 lo control asbestos. Exclusions are provided for LEA. which have previously conducted inspections and for LEAs subject to any state requirement at least as stringent as the comparable 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. 5-543. 401 M SL SW.. Washington. DC 20460. Telephone: (202—554—1404). SUPPlEMENTARY INPORMATIOtC L Background A. Description of the Enabling Legislation On October 22, 1986. President Reagan signed into law the Asbestos Hazard Emergency Response Act (Al-IER.A) which enacted, among other provisions. Title Ii of the Toxic Substances Control Act (TSCAJ 15 U.S.C. sections 2641 through 2654. Section 203 of Title Ii. 15 US.C. 2843. requires EPA to propose rule, by April 20. 1987 (180 days after enactment). and to promulgate final rules by October17. 1987 (360 days after enactment). regarding: (1) The inspection of afl public and private school buildings far ACM (2) the identification of circumstances requiring response actions: (3) description of the appropriate response actions; 14) the implementation of response actionr 5) the establishment of a reinspection and periodic surveillance program for A M (6) the establishment of an operations and maintenance program forfriabie ACM: (7) the preparation and implementation of asbestos management plans by t.EAs and the su, iniss: n of thr management plane to State Governors, who may review the plans and approve or disapprove therm and (8) the transportation and disposal of waste ACM from schools. This final rule implements the Title II requirements to issue the section 203 rules (except for transportation and disposal, as discussed further below). Section 206 of TSCA Title 11.15 USC. 2546. 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 EPA model within 180 days after the beginning of their next legislative - session. Accreditation of laboratories which analyze asbestos bulk samplen and asbestos air samples is also required by TSCA Title II. The National Bureau of Standards (NBS), US. Department of Commerce. is required to establish the bulk sampling accreditation program by October17, 1987, and the air sampling accreditation program by October 12, 1988. States were required to notify LEAs by October17, 1987. regarding where to submit management plans. LEAs must submit those plans to their State no 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. 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. 1989, and to complete implementation in a timely fashion. Transport and disposal nile. 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 EPAs 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 regulated by the National Emission Standard for Hazardous Air Pollutants (NESHAP) (40 CFR Part 81, Subpart M) under the Clean Air Act (42 U.S.C. section 7401. et seq.). were promulgated by the Department of Transpoction (DOT) (49 CFR Part. 173 subpart I;. ‘he NESHAP nd COT rules must bi followed, according to the “Asbestos Waste Management Guidance.” These rules will be sufficient to ensure the proper loading and 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 thi, 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 1. the rule is considered to be promulgated at 1 p.m. eastern time. 14 days after publication in the Federal Register. Thus, the penod in which petitions for review of this rule may be filed under section 19 commences 14 days after publication. j 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 I Vol. 52. No. 210 I Friday. October 30. 1987 / Rules and Regulations 4182 other professionals to provide on-site assistance to school officials and other building owners. With AARP assistance, many school officials and building owners have effectively and safely dealt with ACM in ways that are appropriate for the particular situation in their building. In addition. EPA has published state- 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 19 5, based on rc o!’u i ndatwr.. from rcco nLed national experts. The document provides criteria for building owners 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 are located at the Georgia Institute of Technology in Atlanta, the University of Kansas 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’s regulator,’ progrom. In the Federal Register of May 27, 1982 (47 FR 23360). EPA issued a school identification and notification rule (hereinafter called the 1982 Asbestos-in- Schools Rule). This rule required school officials by June 28, 1983, to inspect all school buildings for friable materials. take a minimum of three sampWs of each type of friable material found. analyze samples using polarized light microscopy (PLM) to determine If asbestos is present. and keep records of the findirgs. (40 CFR Part 763. Subpart F) 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 standard issued by the Ocr.upational Safety and Health Administration (OSHA), U.S. Department of Labor. This rule (40 CFR Part 763, Subpart C) complements the OSHA asbestos regulations that protect private sector workers, and public employees in States 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 provisions. 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 AC4 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 rule. Also, in 1986, EPA, in cooperation with the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, published ‘A Guide to Respiratory Protection for the Asbestos Abatcment Industry” to provide practical guidance in the selection and use of respiratory protection to 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 1986 revision of its asbestos standard. C. Development 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 a proposed rule by committee agreement. The negotiation group was established as a Federal Advisory Committee and consisted of representatives 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 28 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 city schools) sharing a seat with a previously seated member representing big city schools, ------- 41828 Federal Register / Vol. 52, No. 210 / Friday. October 30, 1987 / Rules and Regulations Members 01 Negotiating Committee The members of the negotLating committee-and their interest represented are as fo11ows 1. Ailen Abend. Council of Chief State School Officers. 2. Bill Borwegen. Service Employees International Union/Jordan .Barab. American Federation ol State. Counly, and Municipal Employees (school service e nployees). 3. Dr. William Brown. Baltimore City Schools/Michael Young. New York City Law Department (big city schools). 4. Brian Christopher. Committee on Occupational ‘Safety arid Health. 5. Donald Elisburg. Labo ’ers’ International Union find Laborers-AGC Education and Training Fund. 6. Keilen 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 MacDonald, Sheet Metal Workers International Association. 13. Claudia Mansfield. Amencan 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..Auociation of Wall and Ceiling bdu ies (esbesto. abatement cotuctors). 22. Susan Vogt. U.S. E.P.A. 23. john Welch, Safe Buildings Alliance (former manufacturers of asbestos products). 24. Margaret Zalaski. 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) Leab Haygood. The Conservation Foundation Dan Dozier, Federal Methation & 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 recommends tions. ’The plenary retained all decision-making power of the com!nittee 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. Ncutral facilitators were present at all work group and plenary meetings 20 assist ‘the negotiation.. 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 br the purposes of the proposal. Agreement to solicit further comment about alternatives was often important in developing provi.ions to be included as proposals. At the close of the negotiations. some Items remained at issue and were not gubject’to universal agreement. These consisted of the following: definitions and response actions for damaged and significantly damaged 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 204987. deadline forissoing a proposed rule precluded this possibility. Although’F.d.ral R.gist.rpractices precluded’the Agency ‘from highlighting these issues in the text of the proposed rule, the public docket contains a -copy of the proposed nile which ‘clearly identifies the sections ‘which contain these unresolved issues. On AprIl 3, 1987, 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 representh ’Tg20 of’the 24 interests seated on the committee signed these statemmi-ts. Members representing 4 of the interests seated on the committee did not sign thestateTnents. due to the status of the mresolved issues described above. Mr. Paul Schur. a corepreserriative ‘of States with an implemented asbestos prosram Ian 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 nuxnber -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 beating 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 hearingwere included in the rulemaking’s docket D. Basis for ERA c 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 ------- Federal Register I VoL 52, No . 210 7 Friday, Oct her 30, 987 I Rules and Regulations 41829 nake changes suggested by public cc’mrnents. The Agency discusses its response either in this preamble or elsewhere in the rulemaking docket EPA has determined that the regulations being announced in this elition of the Federal Register use the lca t burdensome methods which p’otect 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 152 FR 15833). The provisions of this rule represent a reasonable way to carry out the statutory responsibilities of TSCA Title IL EPA ’s analysis of risk placed in the rulemaking record when the proposed 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 believes there is little doubt that the decisionmaking process established by this rule 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 decisionmaki.ng 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 ha.. 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. Ali public and private schools will experience the cost of a building walkthrough and visual inspecting, which EPA has determined will not exceed a few hundred dollar. per school. Many schools. finding no asbestos. will experience no further costs. Most of the remaining schools that fInd ACM are expected to implement operations and maintenance programs along with training, periodic surveillance and reinspection. EPA has in fact revised downward the cost of the typical school asbestos program. It is expected that this cost will be about $3,530 per school year. a cost that is clearly minimal if there is a possibility that adverse health effects may be 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.” These are costs assigned to the time spent by school employees in carrying out the 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 appøar to the individua! school officials and local communities to be somewhat less than EPA’s economic analysis shows. The decisionmaking 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. 11. Provisions of the Final Rule 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 reinspections, sampling and analysis, and assessment of materials are discussed in Umts D., E., and F.. respectively. In Unit C.. 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 I. 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, and building occupants are explained in Unit L Waivers for all or 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 0.. respectively. B. Definitions Several important definitions ( 763.83) are discussed below. “Asbestos-containing building material (ACBM)” 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 cppear to pose the greatest hazards to occupants. The definition of “school building,” in the rule however, makes 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 U. 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 ACBM 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 thaugb 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 may constitute ------- 41830 Federal Register / Vol. 52. No. 2 0 / Friday, October 30. 1987 / Rules and Regulations damage. An accredited inspector shall classify this material based upon a determination of damage or significant damage ( 763.85 and 763.88) and an accredited management planner shall recommend in Writing appropriate response actions ( 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 rules 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 ( 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 U * 783.85, 763.81%, and 783.93). This definition j 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 seventy 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 experts 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 arid 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. I!, however, such preventive measures cannot be effectively implemented. other response actions, including removal, will be required. The Act is dear that EPA. as part of lts.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 bamer 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 spe iflcations. 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 moms, 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 ------- Federal Register I Vol. 52. No. 210 / Friday, October 30, 1987 I Rules and Regulations 41g31 employee organizations are notified of the availability of the plan. Lastly. LEAs shall consider whether any conflict of interest may arise from the interrelationship 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 Reinspections 1. Inspections. Section 763.85 requires LEAs to have an accredited inspector visually inspect all areas of each school building to identify locations of all friable and nor,friable suspected AC1 M, determine friabili’y by touching, and either sample the suspected ACBM or assume that suspected materials contain asbestos. The inspector must then dovetop an inventory of 8reas 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 § 763.88. 2. Exclusions. Section 783.99 defInes conditions that would exclude an LEA from all or part of the initial inspection. The accredited inspector is a key element in the exclusion process. For all inspection exclusions, areas previously identified 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 done 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 schools that had performed inspections in substantial compliance with the rule. 3. Reinspections. Section 763.85(b) requires LEAs to have accredited inspectors conduct reinspections at least once every 3 years. The inspector must reinspect all known or assumed ACBM and shall determine by touching whether nonfriable material has 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 managemet’ plan. S tion 63.83lc) 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 changed the wording in this section from “deemed” nonfriable to “trea ted as’ nonfriable. E. Sampling and Analysis 1. Sampling. Section 763.86 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 580/5—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 is required for patched homogeneous areas of thermal system insulation. Third, an accredited inspector needs to collect an appropriate number of samples to determine whether cement or plaster tees are ACM. For friable miscellaneous material or norifriabie 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 ‘IBS. 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. U NBS recommends changes, EPA will amend this rule accordingly. P Assessment 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 classify 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 assessment, shall recommend in writing appropriate mponse actions. ------- 41832 Federal Register I Vol. 52. No. 210 / Friday, October 30. 193 ’ / Rules and Regulations C. Managemeni Plans Section 763.93 requires LEAs to develop an asbestos management plun 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, 1988, 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 § 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 selected by the LEA. The final rule also identifies the step, 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 therm& system inst’ t ation ACM. 2. Datiaged friiable surfacing c.r miscellaneous ACM. 3. Significantly damaged friable surfacing or miscellaneous ACM. 4. Friable surfacing or miscellaneous ACM. and thermal system insulation ACM which has potential for significant damage: and 5. 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 is 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 likelthood that damage will occur. When potential damage is possible, the LEA must at least implement an O&M program. U 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 nonfr4able 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 progr4m. whic must be documented in the L A management plan. consists of worker protection (summarized in Unit u.K.), cleaning. operations and maintenance activities (also in Unit ILK.), 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 K) 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. I. Tivining 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 763.92(a). Section 763.92(b) requires periodic surveillance to be performed at least ------- Federal Register I Vol. 52. No. 210 I Friday. October 30. 1987 I Rules and_Regulations 41833 once every 6 months. The LEA may use unaccredited personnel such as custodians or maintenance workers to conduct surveillance activities, Periodic surveillance requires checking known or assumed ACBM to determine if the ACI3M ’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. I. Completion of Response Actions After performing a thorough visual inspection, air testing is used to determine if a response action has been completed ( 763.90(1 ) ). Clearance air monitoring l1 not be required iot small-scale, short-duration protects. Phase Contrast Microscopy (PCM) is allowed for response actions involving 260 linear or Th0 square feet or less, the amounts used to trigger removal requirements under EPA’s 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 shall use laboratories that use the interim protocol described in Appendix A to this Subpart 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 actions cumprising 3,000 square or 1.000 linear feet or less. For 1 year after this, LEAs may use Pf M for clearance of projects of 1,500 square or 500 linear feet or less. LEAs retain full discretion to require use of TEM at any time for any project. The criterion for determining whether a response action is complete when using PCM will require multiple samples (minimum of five) with clearance allowed only if all of the individual samples are below the limit of reliable quantitation of the PCM method (0.01 fibers/cm 3 ). The rule requires persons to use the NIOSH 7400 method for P04 clearance. 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 ir Appendix t to Subpart E). then the removat 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 the worksite is not significantly larger than the average of five samples taken outside the workaite. 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 reinspected. K. Use of Accredited Pernons • SectIon 206 of Title II 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 U 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 in this issue of the Federal Register. Persons can receive accreditation from a State that has instituted an accreditation program at least as stringent as the requirements of the Model Plan. In addition, persons 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 remuvat, encapsula’ion and/or enclosure response actions are already in effect under the EPA worker protection rule (40 CFR Part 763, 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 * 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 (Ps) of 0.2 fibers per cubic centimeter (f/cm 3 ) over an 8-hour period for abatement project workers exposed to airborne asbestos and an action level of 0.1 f/cm 3 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. As an alternative, however, OSHA’s standard allows employers to institute the provisions of its Appendix C in the case of small-scale, short-duration projects rather than comply with the hill worker protection standard. Appendix B to Subpart E is an adaptation of OSHA’s Appendix G and, thus, allows more flexibility in dealing with minor (small- scale, short-duration) projects. ------- 41834 Federal Register I Vol. 52. No. 210 / Friday. October 30. 1987 I 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/cm 3 ). There are, however. fairly stnn entreq’tnreinec1Ls 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 requirement. are discussed .&n *h. following paragraphs. Employers who have a workplace or work operation covered by the EPA worker protection rule must perform ir. 4 tia manitorn tr de erinine the airbot’ne conceutrationr of asbestos iO which employees may be exposed. If employers can demonstrate that employee exposures are below the action level (0.1 f/cm 3 ) 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 § 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 scaentiflcally 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 ob 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, 1980 (51 FR 864), it published data from routine facility maintenance which ‘demonstrates a potential for exposure of maintenance personnel to concentrations exceeding 0.5 f/cm (fibers per cubic centimeter).” OSHA further stated; With the exception of wet handling, which is feasible in only very limited situations due to problems such as electrical wiring, and the use of HEPA vacuums for the clean-up of any debris generatui during maintenance activities, OSHA believes that there do not appear to be any feasible engineering controls or work practices available to reduce these potential exposure to levels below the 0.2 f/cm 3 PEI . and that respirators will be required to comply with the 0.2 f/cm PEL LEA. are required, under the provisions of * 763.91 of this rule, to accertain, through mnnitoiirg pror.ccLlres o histor mon,ioring uata, 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 nonfriable 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 763.88 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 Stale is located. Within 30 days of receiving a waiver request. EPA must determine whether the request is complete. Within 30 days after determining that 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 renuest for waiver within 30 days after th.t clo6e of he comment periort cr 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. 0. Enforcement TSCA Title I I . section 207(a) provides civil penalities of up to 55.000 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 10 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 sad requires that such complaints be investigated and responded to within a reasonable period ------- Federal Register / Vol. 52. No. 210 / Frid iy, October 30, 1987 / Rules and Regulations 41835 of time consistent with the nature of the violation alleged. P Transport and Disposal Section 203(h) of TSCA Title II requires EPA to promulgate regulations which prescribe standards for transportation and disposal of asbtstos- 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 I I. EPA had planned to use revised NESI-IAP regulations on disposal of asbestos waste to satisfy the requirements of section 203(h) of Title U. However, completion of the NESHAP e”is or. ha been c elayeu Accordingly, under section 204(a) of Title I I. 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(l)(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 pertain to transport and disposal have been printed in this Federal Register notice as Appendix D 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. Ill. Response to Public Comments 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 relevant section of the regulation. A. Scope and Purpose Comments were received regarding three aspects of the Scope and Purpose section (1 763.80). Comments from a group of technical practitioners. which included architects, engineers, and consultants 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 11 is clear 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 p iblic and private elem. ntary and secondaty 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, 1988) 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. Definitions 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 gloves. Conversely, several school administration groups argued to limit the rule to interior areas only and not to include asbestos gloves 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 is not generally disturbed, Dealing with exterior materials would constitute an expensive undertaking for schools in terms 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 11 as not including 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 voluntari y ddr ss 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 coinmenters representing former asbestos manufacturers and schools argued that dust should not be included as part of the definitions of asbestos debris or as 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 conunenters 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 ------- 41836 Federal Register 1 Vol. 52. No. 210 / Friday. October 30, 1987 I Rules and Regulations action of the same magnitude as those situations where both are present. 4. Opemt.ions ond maintenance. Mans commenters recommended that O&M apply to all ACBM, not just friable ACBM. Some of these commeitters were pnrnarily 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(f) states that O&M is for friable ACBM. Periodic surveillance Isee section 203(g) and trr Irn’ g requirements (aee generally section 208), nowever, apply to all ALM. The final rule makes clear these statutory distinctions. Section 763.91 dealing with O&M refers to friable esbes*a.s . 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 commen M oa 4I ese 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 sagnificant 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 commenter 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 an 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 thr 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 white other cornmenters 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 white 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 vanety of comrnenters. Some comnienters 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 are directly or indirectly connected. The air monitoring firm could conceivably provide false results that 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 consida ict of interest issues. However, any resolution of such issues is solely at the discretion of the LEA. D. inspectiaos 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. 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 ------- Federal Register / Vol. 52, No. 210 I Friday, October 30, 1987 / Rules and Regulations 41837 thir gs, a suggested format for inspection and management plans. In addition. EPA has developed a model course for accreditation of inspectors and management planners which will provide 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 Model Accreditation Plan. This review process will help ensure that inspectors and management planners receive uniform guidance. The Agency rec’ri’ ed cum n n s about the requirement for reinspection every 3 years by an accredited inspector. Some cornxnenters 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-year reinspection requirement to be conducted by an accredited inspector is necessary. The Agency is concerned that an annual reinspection as suggested by some cominenters would prove unduly burdensome to LEAs while providing limited information. The rule provides for periodic surveillance activities at least twice a year to keep track of changes in the ACBM’s condition. On the other hand, the Agency believes a reinspection every 5 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 reinspections. 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 unaccredlted 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. The Agency believes the combination of the semiannual periodic surveillance check and the 3-year reinspection by an accredited inspector provides for adequate scrutiny of ACBM present in schools. Industry commenters commended the proposed rule for allowing thermal system insulation “that has retained its structural integrity and that has an undamaged protective jacket or wrap that prevents fiber release” to be “deemed” nonfriable for the purposes of this regulation. Others commenters believed this is a misrepresentation of the true nature of the material, which is still friable under its covering. The Agency agreed with comments 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 seen as an enclosure, which prevents fiber release and reduces hazard. but does not change the characteristics of material friability behind or under the enclosure. Howeve!, whj e the Aqencv consic’ers it inappi p. i 1r to “deeru ‘ 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, the regulation at § 763.85(c) has been modified to state that thermal system insulation that has retained its structural integrity and that has an undamaged protective jacket or wrap that prevents fiber release shall be treated as nonfriable. 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 O&M and response action provisions will apply. EPA believes that this is consistent with NESHAP, which considers such material to be friable when disturbed or removed. S. Bulk Asbestos Sample Measurement Comments suggested that EPA allow use of electron microscopy and X-ray diffraction (XRD) for the analysis 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 Samples” (40 CFR 763, Appendix A to Subpart F). EPA feels that the existing EPA PLM protocol is technically sufficient for determining asbeitos fiber identity and quantity. Currently, allowance Is 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 prograrr i, eiyected to be operational in earlj FY89. The air accreditation program is expected to be complete in late FY89. Until the NBS bulk accreditation program is complete, EPA will establish an interim accreditation program for laboratories which analyze bulk samples by PLM. EPA will provide interim accreditation to laboratories which correctly identify four samples as either asbestos-containing or nonasbestos-containmg. 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 labs 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 is scheduled for April 1988. F. Assessment One comment regarding auessment of the physical condition of the material by accredited inspectors was that EPA should require accredited inspectors to give reasons for their auessment 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 believes the increase in the recordkeeping burden is small. As a result. I 763.88(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 method In developing recommendations for LEAs about response actions. These commenters suggested a variety of ------- 41838 Federal Register / Vol. 52, No. 210 I Friday, October 30, 1987 / Rules and Regulations algorithms and “decision tree” methods for consideration. Other commenters supported the proposed rules language to allow various assessment methods. The Agency believes it is not possible to point to one assessment method as most capable of producing an appropriate response action recomrnenda tion: 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. Prvtectior o 1 numan health and the environrnefl in response action selection. Several comxnenters. 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 ( 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 action 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.. Afr 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 materials 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 and provides no information about potential and future levels of fiber release. Furtner, 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 for significantly damaged friable ACM, with fibers longer than 5 urn 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 11. As factors to be used in deterv ir’ing 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 oc2ions. Many conunenters 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 cited 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 region.. fell into the various damage conditions described In TSCA Title U. 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 783.90. 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 as the ‘on/y”oppropriou response action for significantly ------- Federal Register / Vol. 52, No. 210 / Friday. October 30. 1987 1 Rules and Regulations 41839 damaged ACM. Several State attorneys general, among several other cornmenters, contended that “( 1fl cases of significant damage. the only appropriate response is to remove the material, as 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 indeed be particular circumstances of significant damage in which removal is 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. Ithpleinentation of response actions in a timely fashion. Several cornmenters asked the Agency to clarify the requirement 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 LEA. must immediately isolate the functional space and restrict access. unless isolation is not necessary to protect human health and the environment. The Agency does not believe it is able to define “timely fashion” or specify time limits 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. LEA., in the context of particular asbestos hazards, in consultation with accredited experts and in full view of school-conununity groups, are responsible for determining appropriate schedules for their asbestos response actions. However, LEAe should be advised that in providing “a schedule for beginning and completing each preventive measure and response action” as required in § 763.93(e)(6). the LEA is specifying what constitutes implementation of preventive measures and response actions in a timely fashion for that LEA. EPA 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 Is 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 asbestos fiber measurement for clea,vnce of abatement sites. EPA has received comments on the use of transmission electron microscopy (TEM), scanning electron microscopy. and phase contrast microscopy for the analysis of air samples taken for clearance air monitoring. Comments dealt with issues that included the possible uses of each of these analytical methods for clearance air morntoring. 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 microscopists 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 intra- 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 260 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. P M analysis must be made using the latest version of the NIOSI-! 7400 method. Two other methods of PCM analysis were considered: the OSHA/ EPA Reference Method (ORM) and P&CAM 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 asbestos and it cannot detect the small ------- 41840 Federal Register j’ Vol. 5 .N 0. 210 / Friday, October 30. 1987 /Rul 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. reccoupancy 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 AIHA 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 are 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 SD j to be considered as an acceptable asbestos measurement tool in the future. Regarding the use of TEM, several commenters suggested that the aspect ratio (length to width) should be extended to 101. For the purpose of TEM measurement by the methods in Appendix A. any elongated particle having a minimum length of 0.5 pun. parallel sides, and an 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 NIOSH 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 commenters 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 requiting 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 clear 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- acale-shon -duro ion” 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 Administrations (OSHAs) and EPAs 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 commenters 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 9. 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 0kM 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 determina Lion 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 in Appendix B to Subpart E by adding five additional points which may be used to define such projects. EPA believes these additional considerations are instructive ------- Federal Register I Vol. 52. No. 210 / Friday, October 30, 1987 / Rules and Regulations 41841 arid useful, but will not require their consideration in defining “small-scale. short-duration’ activities. 2. Respiratory protection. Many organizations, in their comments. advocated the mandatory use of respiratory protection for all operations and maintenance O&M work wh ch 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 on the use of respiratory protection as contained in the EPA/National Institute for Occupational Safety and Health (NIOSH) “Guide to Respiratory Protection for the Asbestos Abatement Industry.” September 1986 (EPA—560/ O ’1’S—86-0O1); and (2) hands .on training in the use of respiratory protection. EPA believes the effect of these training requirements will be to ensure that LEAs determine the appropriate level of protection for its O&M workers and that workers are adequately informed of protection levels and properly trained in respiratory protection practices. Comments expressed concern that 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” 40 CFR 763.121(e) (1) and (4). Since this regulation requires warning labels for asbestos materials (* 763.95). workers and LEAs should be aware of situations In which asbestos materials will be disturbed to such an extent that respirators may be appropriate. 3. Right to refuse work. Several unions provided comments which advanced a proposal to include a right to refuse unsafe or Illegal work in the regulation. EPA believes that the issue of right to refuse 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 unsafe 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 11(c) of the Occupational Safety and Health Act. 4. Routine cleaning. Several cornrnenters, 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 toe 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. I. Management Plans The contents of the management plan were the subject of nwnerous 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 U regarding management plans was made very prescriptive to enhance accountabtlity, 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 L.EAs to notify parent and employee 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 comxnenters suggested that there is no need to notify parents of the availability of the plan. Title U, 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 ------- 41842 Federal Register / VoL 52, No. 210 / Friday, October 30, jgB ’ / 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 inc liirie 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 § 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 na.l 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 II, section 203(i)(5), which states that the plan shall be available “for 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. J. State Waivers Commenters suggested that the opportunity for a public hearing regarding a States 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(m) of Title U is clear in limiting waiver requests to States which have established and are implementing a program of asbestos inspection and management Comm.enters 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 U 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 IL 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 U to be granted a waiver. The LEAs of that State would still be required to comply with the Title 11 requirements for inspection of nonfriable materials as well as- all other Title U requirements for which the Stale did not.have a program at least as sthngent. Other comments on the State 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 cornment.ers 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 coinmenters believe few if any exclusions could be granted based on the 1.982 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 comnienters 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 rcpcat actions conducted properly in the past the Agency would place an unnecessary burden on those LEAs and penalize LEA.s 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 iv - sampled, Although friable ACBM must be assessed even if previously identified, the above example ifiustrates a savings to the LEA. “Substantial compliance” allows previous sampling that was done in a random manner with sufficient samples to be adequate to dptpr,’ninp no ACEM 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 mspectormay 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 U. L. Enforcement Some comnienters stated that the “Compliance and Enforcement” section of the proposed rule (§ 763.97) incorrectly describes the provisions of TSCA Title U 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 LI. EPA disagrees. The provisions of the “Compliance and Enforcement” section ------- Federal Register / Vol. 52. No. 210 / Friday, October 30, 1987 / Rules and Regulations 418 are in accordance with applicable law. as discussed below. Section 3 of AHERA. “Technical and Conforming Amendments.” amends section 15(1) of TSCA Title Ito provide that it is unlawful for any person to fail or refuse to comply with any requirement of TSCA Title 11 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 and 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 1! which describes LEA civil liabilities for violation of regulations and provides that LEAs are not liable for any civil penalty under Title I. Section 207, however, does not alter the criminal liabilities of Title! or the injunctive provisions of section 17 of Title L Nor does 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 Title U. 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 violate Title II rules are liable for criminal penalties under section 16 of Title I and are subject to injunctive relief in Federal District Courts under section 17 of Title I. Second, individuals may be liable for violating TSCA Title II regulations. Individuals other than LEAs that violate Title 11 regulations are subject to any of the penalties under Title!, and responsible LEA officials may be liable for any LEA violation of Title II. Third. the effect of the conforming amendments to TSCA Title I is that criminal penalties may be assessed for violation or Title U. 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 the time estimated to perform several inspection activities. As a result the estimated total cost for all Inspection activities increased from the proposal to the final rule from approximately $58.2 million to approximately $78.5 million. The cost for the building walkthrough and visual inspection, assessment, and mapping and reporting activities increased, while the cost estimates for bulk sampling and anaIy is remained the same. The total inspection costs are now estimated to be $1,144 for public primary schools, $1,627 for public secondary schools and $1,587 for private schools. 2. Cost estimates for management 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 recordkeeping 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 EPA underestimated the burden associated with 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 cost 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 $3,270 for a public primary school. $4,521 for a public secondary school and $4,480 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 coat to States of reviewing management plans, EPA has not substantially changed its estimates. While the proposed rule stated a range of $63 to $95 for a State to review a plan. the final rule estimates this cost at approximately $77. The plan review burden will vary with the different number of schools found in each State. For example, California. with an estimated 10,932 schools, would Incur a review cost of roughly $842,000. Delaware, with an estimated 288 schools. would incur a cost of about $23,000. States will incur this burden within the 90 ..day review period specified in the law. The burden for each State,lf It must review many plans. may be substantial. However, this burden is imposed by statute. 3. Costs for operations and maintenance (08-M) programs. EPA received a comment that it should not have included a cost for levels of overhead and contingency costs for school O&M programs because schools are not run like a business and would not charge themselves overhead. In addition, the comment argued that EPAs assumed rate of three minor fibe release episodes per school per year was too high. It was also argued that EPA should not have included an opportunity cost associated with O&M work, since schools would not actually spend money on many O&M activities but would redirect their employees’ activities. Finally, the commenter identified a mistake in the calculations of the cost of consumable supplies used in O&M programs. EPA agrees that schools would not incur overhead and contingency costs for O&M work. EPA used these indirect costs to calculate the expenses associated with the incremental utility. payroll, and other expenses attributable to an O&M program. EPA believes that these estimates of indirect rates are reasonable. EPA slightly modified its assumptions with respect to fiber release episodes. However, this change did not have a significant impact on the total cost of O&M programs. With respect to using an opportunity cost approach in the calculation of O&M costs, EPA believes that these costs are, indeed, a real cost of conducting O&M. However, the Agency acknowledges that some portion of the O&M cost may not result in actual expenditures by a school If the school chooses to give up some other activity to absorb the additional O&M activity. Regardless of how the school chooses to react, these are costs imposed by the rule. Accordingly, the Agency has included the opportunity costs analysis in the final rule estimates. EPA acknowledges its mistake in the cost of consumables and has adjusted the O&M costs accordingly. This yields a fairly substantial drop in per school annual expenses for O&M programs. The reason for the decrease in O&M costs noted below is almost entirely due to this decrease in cost of consumables. The final rule’s costs of O&M programs per school on a yearly basis (excluding the cost of special equipment acquisition) are now estimated to be $3,800 for a public primary school. $5,100 for a public secondary achool and $3800 for a private school. The total O&M costs have decreased from $525.4 million in the proposal to $292.7 million for the final rule. 4. Costs for removal, enclosure and encapsulation projects. Coinrnenters argued that cost estimates In the ------- 184 Federal Register / Vol. 52. No. 210 I Frida. Oc ber 30, 1987 / Rules and Regulations proposal for removal pro4ects were incorrect because they assumed replacement costs and post -abaternent air monitoring for asbestos materials removed during bmlding demolition. These errors have been corrected in the fmal cost esttmates. in addition. EPA assumed in the proposal that all post-response action air samples would be analyzed osng TEM Since the rule allows limited PCM, the costs af response actions have decreased accordingly. This cost. decrease is approximately S4.000 in. direct expenses per project for those profects using PC.M. Total costs for remcwal, enclosure and encapsulation projects have decreased from $1.587.8 million in the proposal to $1,431 million in the final rule. 5. Risk relaied £G asbesta.s in buildings.. Conimants argued that EPA did not adequately assess the evidence relating to the harm caused by asbestos in schools. pecifically. they claim that EPA’s a.ssessrnent of risk for this rule (1) did not consider estimates of the toxicological 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/rn 9; 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 AllianceL 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 en airborne asbestos standard in buildings. Rather. EPA believes that the data cited by these comments. even if assumed to be correctly interpreted by the commemers. supports the rule as promulgated. The Agency has noted elsewhere m 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 incoirectly 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. Aiso, 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 15833. In any event. EPA has considered differing views on asbestos health effects in other proceedings (see. e.g.. 51 FR 3728 etseg.. January 29, 19861 and cnmmPnters 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 expoinre. EPA acknowledges that many building air measurements show low prevailing leveLs. However, peak levels during serious disturbances can be enireinely high and may cause very serious risks to individuals involved. Regardless of the actual average sseuuremen in all schools, regardles, of whether one accepts the levels used by EPA in its assessment or the levels presented by the crnnmenters, the basic structure of the rule should not be chinged. 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 Aabestoi Lvels in Buildings,” EPA 560/13 ’-80-828: “Airborne Asbestos Levels in Schools.” EPA 560/5—83—003) and are reasonable for purposes of deci,ionmaking U i the context of this rule. In any event, the lower airborne asbestos levels cited by the commenters 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 Batelie (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 Batelle 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 Leve ls could only have been the result of reentrainment of asbestos from outside the immediate removal area. Removals. thus, were succes.sfu.l at the removal site but rniilrt not guarantee no fiber release from a bestos.containing materials remaining in the building. The Batefle 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 proge s following abatement, particularly where all asbestos is not removed. 8. MOde! acaeditation p1an EPA received commend ahent the provisions of the Model Accreditation Plan required under section )6 of TSCA Thle IL Under ‘fltie U, the Agency was required to submit a final Model Accreditation Plan by April 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 ,, Ff!nhlI1,nir 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 schools affected and square footage of asbestos were developed based on the 1984 EPA survey of asbestos in schools ------- Federal Register I Vol. 52, No. 210 I Friday, October 30, 1987 / Rules and Regulations 41845 and data compiled from the Asbestos School Hazard Abatement Act (ASI-IAA) loan and grant program. Estimates of the percentage of asbestos which falls into each of the hazard categories were based art the results of a surve of the EPAs 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 asbestosprogram 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 calculate only the incremental cost of the final regulations. For example, data from the ASHAA loan and grant application data base were- used:Io project an average annual rate-of removal of asbestos that is -a vcned would have occurred even if TSCA Title H legislation and these regulations.were not promulgeted. That-average annual rate was estimated to be approximately 3.4 percent for primary schools, 3.3 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 $3,143 million. (using 10 percent discount rate) over 30 years. This includes the cost of initial inspection and samplirig.—$78.5 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 these regulations is estimated to be 106,983. Approximately .44,600 are estimated to have about 213 million square feet of surfacing or thermal systems insulation ACM. Of these, an estimated 10,700 have surfacing ACM only. Itis 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.i to SI .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 $47 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 S1.025 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 managementplan would be 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 mlnar’repair- and-maintenance work .that disturbs asbestow is -estimated to cost $250. A fee of $4201sestimated for the Z4 hours of flainthg 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 trainingcourse and certification required for asbestos abatement contractors is estimated to be $640. 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 ACBM deteriorates to a ‘significantly damaged” condition. The annual cost of a special O&M program (excluding acquisition of special equipment) is estimated to range from $3,800 for a typical public primary school to S5.100 for a typical public secondary school. Initial cleaning costs are expected to range from $950 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 ft2 project in which surfacing material is removed would be approximately $51,300. The cost of removal for a 900 ft 2 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 Rm. NE—G004, 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 will evaluate such submissions and supplement the record as appropriate. ------- 41846 Federal Register / Vol. 52, No. 210 1 Friday, October 30. 1987 / Rules and Regulat;ons 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 1985. 4. USEPA. Friable Asbestos- Containing Materials in Schools. 40 CFR Part 763, Subpart F. 5. LJSEPA. 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 C. VII. Regulatory Assessment Requirements A. Executive Order 12.291 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 U regulations. B. .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. PaperworA Reduction Act The reporting and recordkeeping provisions in this rule have been approved by the Office of Management and Budget (0MB) under the Paperwork Reduction Act. and has been assigned 0MB 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 27. 1987. Lee M. Thomas, i ’ldn iin,stro tor. 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: 15 U.S.C. 2605 and 2607(c). Subpart E also issued under 15 U.S.C. 2641. 2643. 2648. and 2847. 2. By adding § § 763.80 through 76199 and Appendices A. B, and D to Subpart E to read as follows: Subpart E—Asbestos-Containing Materials In Schools Sec. 763.80 Scope and purpose. 763.83 Definitions. 763.84 General local education agency responsibilities. 763.85 Inspection and reinspections. 763.86 Sampling. 763.87 Analysis. 763.88 AuessmenL 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 Waiveit delegation to State. 763.99 Exclusions. Appendix A to Subpart E—Intenirn Transmission Electron Microscopy Analytical Methods—Mandatory and Nonmandatory.—and Mandatory Section to Determine Completion of Response Actions Appendix B to Subpart S—Work Practices and Engineering Controls for Small- Scale, Short-Duration Operations Maintenance and Repair fOaM) Activities involving ACM • S S S S Appendix D to Subpart S—Transport and Disposal of Asbestos Waste * 763.80 Soap. 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 usumed 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 reprir ed 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 CTR 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 Deltnftlone. 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 200 of Title II of the Act. “Air erosion” means the passage of air over friable A BM which may result in the release of asbestos fibers. “Asbestos” means the asbestiform varieties of: Chrysotile (serpentine); crocidolite (riebeckite); amosite fcuznmingtonitegrunerlte): anthophyllite; tremolite; and actinolite. “Asbestos-containing material” (ACM) when referring to school buildings means any material or product which contains more than 1 percent asbestos. “Asbestos-containing building material” (ACBM) means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts of a school building. “Asbestos debris” means pieces of ACBM that can be identified by color, texture, or composition, or means dust, if the dust is determined by an accredited inspector to be ACM. “Damaged friable miscellaneous ACM” means friable miscellaneous ACM which has deteriorated or sustained physical injury such that the internal structure (cohesion) of the material is inadequate or. if applicable which has delaminated such that its bond to the substrate (adhesion) is ------- 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 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 dam ge: 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 surfacirigACM whh±bas deteriorated or sustained physical injury such that the internal structure (cohesion) of thematerial 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 c f 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 questian .m y also indicate damage. “Damaged or significantly damaged thermal system insulation ACM” means thermal system insulation ACM on pipes, boilers, tanks,’ducts, and other thermal system insulation equipment where the insulation has lost Its structural integrity, or its covering, in ,vhole 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 an adhesive matrix to prevent the release of fibers, as the encapsulant creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant). “Enclosure” means an airtight, impermeable, permanent barrier around ACBM to prevent the release of asbestos fibers into the air. “Fiber release episode” means any uncontrolled or unintentional disturbance of ACBM resulting in visible emission. ‘Friable” when referring to material in a school building means that the material, when dry. may be crumbled. pulverized, or reduced to powder by hand pressure, and includes previously nonfriable material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure. “Functional apace” means a room. group of rooms, or homogeneous area (including crawl spaces or the space between a dropped ceiling and the floor or roof deck above), such as classroom(s),.a cafeteria, gymnasium, hallway(s), designated by a person accredited to prepare management plans, design abatement projects, or conduct response actions. “High-efficiency particulate air” (HEPA) refers to a filtering system capable of trapping and.retaining at least 99.97 percent of alt monodispersed particles 0.3 im 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, oreecondary 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 components, structural members or fixtures, auth as floor and ceiling tiles. and does not Include surfacing material or thermal system insulation. “Nonfriable” means material in a school building which when dry may not be crumbled. pulverized, or reduced to powder by hand pressure. “Operations and maintenance program” means a program of work practices to maintain friable ACBM.in good condition, ensure clean up of asbestos fiberi previously released, and prevent further release by minimizing and controlling friable ACBM disturbance or damage. “Potential 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 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, that is not normally frequented by students and in which maintenance employees or contract workers regularly conduct maintenance activities. “School” means any elementary or secondary school as defined in section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2854). “School building” means: (1) Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food. (2) Any gymnasium or other.facility which is specially designed for athletic ------- 41848 Federal Register / Vol. 5 , No. 10 I 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. § 763.84 G.n.ral local .ducation agency responsIbIlitIes. Each local education agency shall: (a) Ensure that the activities of any persons who perform inspections, reinspections, and periodic surveillance, develop and update management plans, and develop and implement response actions. including operations and maintenance, are carried out in accordance with Subpart E of this part. (b) Ensure that all custodial and maintenance e”nployees 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 workerr, 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. (I’) Ensure that management plans are available for inspection and notification of such availability has been provided as specified in the management plan under § 763.93(g). (g)(1) Designate a person to ensure that requirements under this section are properly implemented. (2) Ensure that the designated person receives adequate training to perform duties assigned under this section. Such training shall provide, as necessary, basic latowledge ofi (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, US. 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 subpart * 763.85 lospocbon and nsp.ctlons. (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 ACEM. (2) Any building leased or acquired on or after October j2, 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 § 763.9g. each person performing an inspection shall: (I) Visually inspect the area to identify the locations of all suspected ACBM. (ii) Touch all susp,cted ACBM to determine whether they are friable. liii) Identify all homogeneous areas of friable suspected ACBM and all homogeneous areas of nonfriable suspected ACBM. (iv) Assume that some or all of the homogeneous areas are ACM, and, for each homogeneous area that is not assumed to be ACM, collect and submit for analysis bulk samples under § § 763.86 and 763.87. (v) Assess, under § 763.88, friable material in areas where samples are collected, friable material in areas that are assumed to be ACBM, and friable ACBM identified during a previous inspection. (vi) Record the following and submit to the person designated under § 763.84 a copy of such record for inclusion in the management plan within 30 days of the inspection: (A) An inspection report with the date of the inspection signed by each accredited person making the inspection, State of accreditation, and if applicable, his or her accreditation number. (B) An inventory of the locations of the homogeneous areas where samples are collected, exact location where each bulk sample is collected, dates that samples are collected, homogeneous areas where friable suspected ACBM is assumed to be ACM, and homogeneous areas where nonfriable suspected ACBM is assumed to be ACM. (C) A description of the manner used to determine sampling locations, the name and signature of each accredited inspector who collected the samples. State of accreditation, and, if applicable, his or her accreditation number. (D) A list of whether the homogeneous areas identified under paragraph (a)(4)(vi)(B) of this section are surfacing material, thermal system insulation, or miscellaneous material. (E) Assessments made of friable materidl. the name and signature of each accieJ ed inspector making the ------- Federal Register / Vol. 52, No. 210 I Friday. October 30. 1987 I Rules and Regulations 41849 assessment. State of accreditation, and if applicable, his or her accreditation number. (b) Reinspection. (1) At least once every 3 years after a management plan is in effect, each local education agency shall conduct a reinspection of all friable and nonfriable known or assumed ACBM in each school building that they lease, own, or otherwise use as a school building. (2) Each inspection shall be made by an accredited inspector. (3) For each area of a school building, each person performing a reinspection shall: (i) Visually reinspect, and reas ess, under § 763.88, the conditior’ of all friable known or assumed ACBM. (ii) Visually inspect material that was previously considered nonfriable ACBM and touch the material to determine whether it has become friable since the last inspection or reinspection. (iii) Identify any homogeneous areas with material that has become friable since the last inspection or reinspection. (iv) For each homogeneous area of newly friable material that is already assumed to be ACBM, bulk samples may be collected and submitted for analysis in accordance with H 763.86 and 763.87. (v) Assess, under § 763.88, the condition of the newly friable material in areas where samples are collected, and newly friable materials in areas that are assumed to be ACBM. (vi) Reassess, under § 763.88, the condition of friable known or assumed ACBM previously identified. (vii) Record the following and submit to the person designated under 783.84 a copy of such record for inclusion in the management plan within 30 days of the reinspection: (A) The date of the reinspection, the name and signature of the person making the reinspection, State of accreditation, and if applicable, his or her accreditation number, and any changes In the condition of known or assumed ACBM. (B) The exact locations where samples are collected during the reinspection, a description of the manner used to determine sampling locations, the name and signature of each accredited inspector who collected the samples, State of accreditation, and, if applicable, his or her accreditation number. (C) Any assessments or reassessments made of friable material. the name and signature of the accredited inspector making the assessments, State of accreditation, and if applicable, his or her accreditation number. (c) General. Thermal system insulation that has retained its structural integrity and that has an undamaged protective jacket or wrap that prevents fiber release shall be treated as nonfriable and therefore is subject only to periodic surveillance and preventive measures as necessary. § 763.86 Sampling. (a) Surfacing material. An accredited inspector shall collect, in a statistically random manner that is representative of the homogeneous area, bulk samples from each homogeneous area of friable surfacing material that is not assumed to be ACM, and shall collect the samples as follows: (1) At least three bulk samples shall be collected hum cuch homogeneous area that is 1.000 ft 2 or less, except as provided in § 763.87(c)(2). (2) At least five bulk samples shall be collected from each homogeneous area that is greater than 1,000 ft 2 but less than or equal to 5,000 ft 2 , except as provided in § 763.87(c)(2). (3) At least seven bulk samples shall be collected from each homogeneous area that is greater than 5,000 ft 2 . except as provided in § 763.87(c)(2). (b) Thermal system insulation. (1) Except as provided in paragraphs (b) (2) through (4) of this section and § 763.87(c). an accredited inspector shall collect, in a randomly distributed manner, at least three bulk samples from each homogeneous area of thermal system insulation that is not assumed to be ACM. (2) Collect at least one bulk sample from each homogeneous area of patched thermal system insulation that is not assumed to be A M if the patched section is less than 8 linear or square feet. (3) In a manner sufficient to determine whether the material is A M or not ACM, collect bulk samples from each insulated mechanical system that is not assumed to be ACM where cement or plaster is used on fittings such as tees. elbows, or valves, except as provided under § 763.87(c)(2). (4) Bulk samples are not required to be collected from any homogeneous area where the accredited inspector has determined that the thermal system insulation is fiberglass, foam glass, rubber, or other non-ACBM. (c) Miscellaneous material. In a manner sufficient to determine whether material is ACM or not ACM. an accredited inspector shall collect bulk samples from each homogeneous area of friable miscellaneous material that is not assumed to be ACM. (d) Nonfriable suspectadACBM. If any homogeneous area of nonfriable suspected ACBM is not assumed to be ACM. then an accredited inspector shall collect, in a manner sufficient to determine whether the material is ACM or not ACM. bulk samples from the homogeneous area of nonfriable suspected ACBM that is not assumed to be ACM. § 763.87 Analysis. (a) Local education agencies shall have bulk samples, collected under § 763.86 and submitted for analysis, analyzed for asbestos using laboratories accredited by the National Bureau of Standards (NBS). Local education agencies shall use laboratories which have received interim accreditation for polarized light microscopy (PLM) analysis under the EPA interim Asbestos Bulk Sample Analysis Quality Assurance Program until the NES 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)(1) A homogeneous area is considered not to contain ACM only if the results of all samples required to be collected from the area show asbestos in amounts of 1 percent or less. (2) A homogeneous area shall be determined to contain ACM based on a finding that the results of at least one sample collected from that area shows that asbestos is present in an amount greater than 1 percent. (d) The name and address of each laboratory performing an analysis, the date of analysis. and the name and signature of the person performing the analysis shall be submitted to the person designated under § 763.84 for inclusion into the management plan within 30 days of the analysis. § 763,18 Assessment. (a)(1) For each inspection and reinspection conducted under § 763.85 (a) and (c) and previous inspections specified under § 763.99, the local education agency shall have an accredited inspector provide a written assessment of all friable known or assumed ACBM in the school building. (2) Each accredited inspector providing a written assessment shall sign and date the assessment, provide his or her State of accreditation, and if applicable, accreditation number, and submit a copy of the assessment to the person designated under § 763.84 for inclusion in the management plan within 30 days of the assessment. ------- 418 O Federal Register / Vol. 5Z, No. 210/ Friday. October 30, i98 ’ / Rules and Regulations (b) The inspector thai! 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) Extant or spread of damage over large areas or large percentages of the homogeneous area. (3) Whether the material is accessible. (4) The material’s potential for disturbance. (5) Known or suspected causes of’ damage or significant damage (e.g.. air erosion, vandalism, vibration, water). (8) Preventive measures which might eliminate the reasonable likelihood of undamaged ACM from becoming significantly damaged. (d) The local education agency shall select a person accredited to develop management plans to review the results of each inspection. reinspection. and assessment for the school building and to conduct any other necessary activities in order to recommend in writing to the local education agency appropriate response actions. The accredited person shall sign and date the recommendation, provide his or her State of accreditation. and. if’ applicable, provide his or her accreditation number, and submit a copy of the recommendation to the person designated under I 763.84 for inclusion in the management plan. *76390 Rupees. actions. (a) The local education agency shall select and implement in a timely manner the appropriate response actions in this section consistent with the assessment conducted in § 763.88. The response actions selected shall be suEfi ent 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 ACEM from a school building at any time. should removal be the preferred response action of the local education agency. (b) If damaged or significantly damaged thermal system insulation ACM is present in a building, the local education agency shall: (1) At least repair the damaged area. (2) Remove the damaged material if it is not feasible, due to technological factors. to repair the damage. (3) Maintain all thermal system insulation ACM and its covering in an intact state and undamaged condition. (c)(1) if damaged friable surfacing ACM or damaged friable miscellaneous ACM is present in a building, the local education agency shall select from among the following response actions: encapsulation. enclosure, removaL or repair of the damaged material (2) in selecting the response action from among those which meet the definitional standards in 763.83, the local education agency shall determine which of these response actions protects human health and the environment For purposes of determining which of these response actions are the Least burdensome, the local education agency may then consider local circumstances. including occupancy and use patterns within the school building. and Its economic concerns, including short- and long-term costs. (d) if significantly damaged friable surfacing ACM or significantly damaged friable miscellaneous ACM is present in a building the local education agency shall: (1) Immediately isolate the functional space and restrict access, unless isolation is not necessary to protect human health and the envirorunent. (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) U any friable surfacing ACM. thermal system insulation ACM. or friable miscellaneous ACM that has potential for damage is present in a building. the local education agency shall at least implement an operations and maintenance (O&M) program. as described under * 763.91. (f) If any friable surfacing ACM, thermal system insulation ACM. or friable miscellaneous ACM that has potential for significant damage is present in a building, the local education agency shall: (1) Implement an O&M prognarn. as described under 1 763.91. (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. oriinless nther respo’ se actions are aetermined to prote human health and the environment. Immediately isolate the area and restrict access if necessary to avoid an imminent and substantial endangerment to human health or the environment. (g) Response actions including removal, encapsulation, enclosure, or repair. other than small-scale, short- duration repairs. shall be designed and conducted by persons accredited to design and conduct response actions. (h) The requirements of this Subpart E in no way supersede the worker protection and work practice requirements under 29 CFR 1926.58 (Occupational Safety and Health Administration (OSHA) asbestos worker protection standards for construction). 40 CFR Part 783, Subpart G (EPA asbestos worker protection standards for public employees), and 40 CFR Part 61. Subpart M (National Emission Standards for Hazardous Air Pollutants—Asbestos). (i) Completion of response actions.. (1) At the conclusion of any action to remove, encapsulate. or enclose ACBM or material assumed to be ACBM. a person designated by the local education agency shall visually inspect each functional space where such action was conducted to determine whether the action has been properly completed. (2)(i) A person designated by the local education agency shall collect air samples using aggressive sampling as described in Appendix A to this Subpart E to monitor air for clearance after each removal, encapsulation, and enclosure project involving ACBM. except for projects that are of small-scale. short. duration. (if) 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 I or, under cizcsunstances p. mitted in this section. ------- 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 Program for phase contrast microscopy (PCM). (iii) Until the National Bureau of Standards TEM laboratory accreditation program is operational, local educational agencies shall use laboratories that use the protocol described in Appendix A to Subpart E of this part. (3) Except as provided in paragraphs (i) (4), (5), (6). or (7) of this section, an action to remove, encapsulate. or enclose ACEM shall be considered complete when the average concentration of asbestos of five air samples chilected within the affected functional space and analyzed by the TEM method in Appendix A of this Subpart E, is not statistically significantly different, as determined by the Z-test calculation found in Appendix A of this Subpart E. from the average asbestos concentration of five air samples collected at the same time outside the affected functional space and analyzed in the same manner, and the average asbestos concentration of the three field blanks described in Appendix A of this Subpart E is below the filter background level, as defined in Appendix A of this Subpart E, of 70 structures per square millimeter (70 5/ mm 2) (4) An action may also be considered complete if the volume of air drawn for each of the five samples collected within the affected functional space is equal to or greater than 1,199 L of air for a 25 mm filter or equal to or greater than 2,799 L of air for a 37 mm filter, and the average concentration of asbestos as analyzed by the TE?vl 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 (70sf mm 5), I.f the average concentration of asbestos of the five air samples within the affected functional space exceeds 70 s/mm , orif 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 1.. 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 au monitoring samples collected for clearance purposes by phase contrast microscopy (PCM) to confirm completion of removal, encapsulation. or enclosure of ACBM that is greater than small-scale, short- duration and less than or equal to 160 square feet or 200 linear feet. The action shall be considered complete when the results of samples collected In the affected functional space and analyzed by phase contrast microscopy using the National institute for Occupational Safety and Health (NIOSH) Method 7400 entitled ‘Fibers” published in the NIOSH Manual of Analytical Methods. 3rd Edition, Second Supplement, August 1987, show that the concentration of fibers for each of the five samples is less than or equal to a limit of quantitation for PCM (0.01 fibers per cubic centimeter (0.01 f/cm 3) of air). The method is available at the Office of the Federal Register Information Center, 11th and L St.. NW., Room 8401, Washington, DC, 20408, and the EPA OPTS Reading Room, Rm. 0004 Northeast Mall. 301 M St.. SW,, Washington, DC 2046C. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and I 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, 1989, 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 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 quantitation for PCM (0.01 fibers per cubic centimeter, 0.01 f/cm ‘). The method Ii available at the Office of the Federal Register, 11th and L St., NW., Room 8301, Washington. DC 20408, 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 I 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 less 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 ft’cm 3). The method is available at the Office of the Federal Register, 11th and L St., NW.. Room 8301. Washington, DC, 20408. and in the EPA OPTS Reading Room, Pm. 0004 Northeast Mall, 401 M St., SW., Washington, DC 20400. This ircorporation by reierer’ce war 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. (8) To determine the amount of ACSM 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 euch 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. 1763.11 OperatIons and maintenance. (a) Applicability. The local education agency shall implement an operations. maintenance, and repair (O&M) program under this section whenever any friable A BM is present or assumed to be present iii a building that it leases, owns, or otherwise uses as a school building. Any material Identified as nonfriable ACBM or nonfriable assumed ACSM 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) Woi*er protection, The protection provided by EPA at 40 CFR 763.121 for worker protection during asbestos abatement projects is extended to employees of local education agencies who perform operations, maintenance, and repair (O&M) activities involving ACM and who are not covered by the OSHA asbestos construction standard at 29 CFR 1926.58 or anasbestos worker approved by OSHA under section 19 of the Occupational Safety and Health Act. Local education agencies may consult ------- 41C52 Federal Registor / VoL 52. No. 210 / Friday, October 30. ‘198 ’ / Rules and Regulations Appendix B of this Subpart if their employees are performing operations. i-.aintenance. and repair activities that re of small-scale. shori-durauoa. (c) Ciearnn -.—(i) IriiLwl ciecninp. Unless the building has been cleaned using equivalent methods within the previous 6 months. all areas of a school uiiding where friable ACBM. damaged or significantly damaged thermal system insulation ACM. or friable suspected ACRM assumed to be ACM are present shall be cleaned at least once after the completion of the inspection required by 763.85(a) and before the initiation of any response action, other than O&M acti”ities or repair, according to the Uowiwz procedt ru : (1) HEPA-vacuturi or steam-clean all carpets. (ii) l-IEPA-vacuum or wet-clean all other floors and all other horizontal surfaces. (iii) Dispose of all debris, filters. rriopheads. 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 persons other than those necessary to perform the maintenance project. either by physically isolating the area or by scheduling. (2) Post signs to prevent entry by unauthorized persons. (3) Shut off or temporarily modify the air-handling system and restrict other sources of air movement. (4) Use work practices or other controls, such as, wet methods. protective clothing. HEPA-vacuums. mrni-enclosures. glove bags. as necessary to inhibit the spread of any released fibers. (5) Clean all fixtures or other components in the immediate work area. (8) Place the asbestos debris and other cleaning materials in a sealed. leak-tight container. (e) Maintenance activities other than small-scale, short-duration. The response action for any maintenance activities disturbing friable ACEM. other than small-scale. short-duration maintenance activities, shall be designed by persons accredited to design response actions and conducted by persons accredited to conduct response actions. (F) Fiber release episodes—{ 1) Minor fiber release episode. The local education agency shall ensure that the procedures described below are followed in the event of a minor fiber release episode (i.e.. the falling or dislodging of 3 square or linear feet or less of friable ACBM): (i) Thoroughly saturate the debris using wet methods. (ii) Clean the area, as described in paragraph (e) of this section. (iii) Place the asbestos debris in a sealed. leak-tight container. (iv) i(epair the area of damaged ACM with materials such as asbestos-free spackling. plaster. cement, or insulation, or seal with latex paint or an encapsulant, oriuunediately have the .appropriate response action implemented as required by § 763.90. (2) Mo/or fiber release episode. The local education agency shall ensure that the procedures described below are followed in the event of a maor fiber release episode (i.e.. the falling or dislodging of more than 3 square or linear feet of friable ACBM): (I) Restrict entry into the area and post signs to prevent entry into the area by persons other than those necessary to perform the response action. (ii) Shut off or temporarily modify the air-handling system to prevent the distribution of fibers to other areas in the building. (iii) The response action for any major fiber release episode must be designed by persons accredited to design response actians and conducted by persons accredited to conduct response actions. *763.92 1ra1nlngsndpar$a4 c CL (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. beating/air conditioning engineers. plumbers. etc.) who may work an a building that contains ACBM receive awareness training of at least 2 hours. whether or not they are required to work with ACBM. New custodial and maintenance employees shall be trained within 60 days after commencement of employment. Training shall include, but not be limited to: (I) Information regarding asbestos and Its various uses and forms. (ii) Information on the health effects associated with asbestos exposure. (iii) Locations of ACBM identified throughout each school building in which they work. (iv) Recognition of damage. deterioration, and delamination of ACBM. (v) Name and telephone number of the person designated to carry out general local education agency responsibilities under § 763.64 and the availability and location of the management plan. (2) The local education agency shall ensure that all members of its maintenance and custodial staff who conduct any activities that will result in the disturbance of ACEM shall receive traic ng described in paragraph a (: nf this s2clion ann 14 hours of additional training. Additional training shall include, but not be limited to: (i) Descriptions of the proper methods of handling ACBM. (il) information on the use of respiratory protection as contained in the EPA/NIOSH Guide to Respirator,’ Protection for the Asbestos Abatement Industry. September 1986 (EPA 560/ OPTS-86-001), available from TSCA Assistance Office (TS—7991. Office of Tox.ic Substances. Environmental Protection Agency. Rm. E—543. 401 M St. SW... Washington. DC 20460. and other personal protection measures. (iii) The provisions of this section and * 763 . 91. Appendices A. B. C. I) of this Subpart E of this part. EPA regulations contained in 40 CFR Part 763. Subpart C. and in 40 CFR Part 81. Subpart M. and OSHA regulations contained in 29 R 1926.58. (iv) Hands-on training in the ‘use ‘of respiratory protection. other personal protection measures. and good work practices. (3) Local education agency maintenance and custodial staff who have attended EPA-approved asbestos training or received equivalent training for O&M and periodic surveillance activities involving asbestos shall be considered trained for the purposes of this section. (b) Periodic surveillance. (1) At least once every B months after a management plan is in effect each local education agency shall conduct periodic surveillance in each building that it leases. owns. or otherwise uses as a school building that contains ACBM or is assumed to contaIn ACBM. (23 Each person performing periodic surveillance shall: (i) Visually inspect all areas that are identified in the management plan as ACBM or assumed ACBM. (i.i) Record the date of the surveillance, his or her name. and any ------- Federal Register / Vol. 52, No. 210 / Friday, October 30. 1987 / Rules and Regulations 418S3 changes in the condition of the materials. (iii) Submit to the person designated to carry Out general local education agency responsibilities under § 76.3.84 a copy of such record for inclusion in the management plan. § 763.93 Mana9ement plans. (a)rl) On or before October 12. 1988., each local education agency shall develop an asbestos management plan for each school, including all buildings that they lease, own, or otherwise use as school buildings, and submit the plan to an Agency designated by the Governor of thc State in which the local educ t on agency i; located. The plafl ma 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. the local education agency shall include the new building in the management plan for the school prior to its use as a school building. The revised portions of the management plan shall be submitted to the Agency designated by the Governor. (3) If a local educataon agency begins to use a building as a school alter October 12, 1988, the local education agency shall submit a management plan for the school to the Agency designated by the Governor prior to its use as a school. (b) On or before October 17, 1987, the Governor of each State shall notify local education agencies in the State regarding where to submit their management plans. States may establish administrative procedures for reviewing management plans. If the Governor does not disapprove a management plan within 90 days after receipt of the plan. the local education agency shall implement the plan. (c) Each local education agency must begin implementation of its management plan on or before July 9, 1989, and complete implementation in a timely fashion. (d) Each local education agency shall maintain and update its management plan to keep it current with ongoing operations and maintenance, periodic surveillance, inspection. reinspection. and response action activities. All provisions required to be Included in the management plan under this section shall be retained as part of the management plan, as well as any information that has been revised to bring the plan up-to-date. (a) The management plan shall be developed by an accredited management planner and shall include: (1) A list of the name and address of each school building and whether the school building contains friable ACBM, nonfriable ACBM, and friable and nonfriable suspected ACEM assumed to be ACM. (2) For each inspection conducted before the December 14, 1987: (i) The date of the inspection. (ii) A blueprint, diagram, or written description of each school building that identifies clearly each location and approximate square or linear footage of any homogeneous or sampling area where material was sampled for ACM. and, if possible. the exact locations where hulk samples were ol)ecPed, and the dates of collection. (iii) A copy of the analyses of any bulk samples, dates of analyses. and a copy of any other laboratory reports pertaining to the analyses. (iv) A description of any response actions or preventive measures taken to reduce asbestos exposure, including if possible, the names and addresses of all contractors Involved, start and completion dates of the work, and results of any air samples analyzed during and upon completion of the work. (v) A description of assessments. required to be made under 783.88. of material that was identified before December14. 1987. as friable ACEM 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 reinapection. ( II) A blueprint. diagram. or written description of each school building that Identifies clearly each location and approximate square or linear footage of homogeneous areas where material was sampled for ACM. the exact location where each bulk sample was collected. date of collection, homogeneous areas where friable suspected ACBM is assumed to be ACM, and where nonfriable suspected ACBM is assumed to be ACM. (lii) A description of the manner used to determine sampling locations, and the name and signature of each accredited inspector collecting samples, the State of accreditation, and If applicable, his or her accreditation number. ( Iv) A copy of the analyses of any bulk samples collected and analyzed. the name and address of any laboratory that analyzed bulk samples, a statement that the laboratory meets the applicable requirements of § 763.87(a) the date of analysis. and the name and signature of the person performing the analysis. (v) A description of assessments, required to be made under § 763.88. of all ACBM and suspected ACBM assumed to be ACM, and the name, signature. State of accreditation, and if applicable, accreditation number of each accredited person making the assessments. (4) The name, address, and telephone number of the person designated under § 763.84 to ensure that the duties of the Irical education agency are carried out, a a the coi rse 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 response actions. under § 783.88(d), the name, signature, State of accreditation of each person making the recommendations, and if applicable, his or her accreditation number. (8) 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 It of the Act or is accredited by art EPA-approved course under section 206(c) of Title II of the Act. (8) A detailed description in the form of a blueprint. diagram, or in writing of any ACBM or suspected ACBM assumed to be ACM which remains in the school once response actions are undertaken pursuant to § 763.90. This description shall be updated as response actions are completed. (9) A plan for reinspection under * 763.85. a plan for operations and maintenance activities under * 763.91, ------- 418 4 Federal Register / Vol. 52., No. 210 / Friday, October 30. 198 ’ / Rules and Regulations and a plan for periodic surveillance under § 763.92. a description of the recommendation made by the management planner regarding additional cleaning under § 763.91(c)12) 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. reirsspections. response actions, and post-response action activities, including periodic reinspectiort and surveillance activities that ar planned or in prngre .s. (11) An evaluation of the resourLes needed to complete response actions successfully and carry Out reinspection, operations and maintenance activities. periodic surveillance and training. (12) With respect to each consultant who contributed to the management plan. the name of the consultant and one of the following statements: (i) If the State has adopted a contractor accreditation plan under section 206(b) of Title II of the Act, a statement that the consultant is accredited under such plan. (ii) A statement that the contractor is accredited by another State which has adopted a contractor accreditation plan under section 206(b) of Title II of the Act, or is accredited by an EPA. approved course developed under section 206(c) of Title II of the Act. (1) A Local education agency may require each management plan to contain a statement signed by an accredited management plan developer that such person has prepared or assisted in the preparation of such plan or has reviewed such plan, and that such plan is in compliance with this Subpart E. Such statement may not be signed by a person who. In addition to preparing or assisting in preparing the management plan, also implements (or will implement) the management plan. (g)(1) Upon submission of a management plan to the Governor for review, a local education agency shall keep a copy of the plan in its administrative office. The msnagement plans shall be available, without cost or restriction, for Inspection by representatives of EPA and the State, the public, Including teachers, other school personnel and their representatives, and parents. The local education agency may charge a reasonable cost to make copies of management plans. (2) Each local education agency shall maintain in Its administrative office a complete, updated copy of a management plan for each school under its administrative control or direction. The management plans shall be available, 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 nr restrctiLYrl to workers before work begins ui any are,.. 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 personnel and their representatives within 5 working days after receiving a request 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 plans and shall include In the management plan a description of the steps 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 include 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 5763.94 shall be made by local education agencies and maintained as part of the management plan. (I) Each management plan must contain a true and correct statement. signed by the individual designated by the local education agency under 5 763.84. which certifies that the general. local education agency responsibilities, as stipulated by 5 763.84, have been met or will be met. * Th3.N Riee se (a) Records required under this section shall be maintained in a centralized location in the administrative office of both the school and the local education agency as part of the management plan. For each homogeneous area where all ACEM has been removed, the local education agency shall ensure that such records are retained for 3 years after the next reinspection required under § 763.85(b)(1), or for an equivalent period. (b) For each preventive measure and response action taken for fnable and noninable 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 ‘ ompieti’ n dates of thp 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 5 763.90(1), the Locations 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 5 763.90(i)(2)(ii). (c) For each person required to be trained under 5 763.92(a) (1) and (2). the local education agency shall provide the person’s name and job title, the 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 5 763.92(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,in the conditions of the materials. (e) For each time that cleaning under 5 763.91(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. (I ) For each time that operations and maintenance activities under 5 763.91(d) are performed. the local education agency shall record the name 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 ACEM ------- Federal Register / Vol. 52 , No. 210 / Friday. October 30, 1987 / Rules and Regulations is removed, the name and location of storage or disposal site of the ACM. (g) For each time that major asbestos actwity under § 753.91(e) is performed, the local education agency shall provide the name 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 § 783.91(f), the local education agency snail 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 ZO7G.009t) 763.95 Warning labels. (a) The local education agency shall attach a warning label Immediately adjacent to any friable and nonfriable ACEM and suspected ACBM assumed to be ACM located in routine maintenance areas (such as boiler rooms) at each school building. This shall include: (1) Friable ACBM that was responded to by a means other than removal. (2) ACBM for which no response action was carned out.. (b) All labels shall be prominently displayed in readily visible locations and shall remain posted until the ACBM that is labeled is removed. (ci The warning label shall read, in print which is readily visible because of large size or bright color, as (oilows CAUTiON: 4 cRRgTQ HAZARDOUS. DO NOT DISTURB WIThOUT PROPER TRAINING AND EQUIPMENT. 76337 Cosnpllancs and snforusmsnt. (a) Caaipllan with Title II of the AoL (1) Section 207(a) of Title II of the Act (15 U.S.C. 2647) makes It unlawful for any local education agency to: (I) Fail to conduct inspections pursuant to section 203(b) of Title II of the Act, including failure to follow procedures and failure to use accredited personnel and laboratories. (II) Knowingly submit false I formation to the Governor regarding any Inspection pursuant to regulations under section 203(l) of Title U of the Act. ( lii) Fail to develop a management plan pursuant to regulations under section 203( 1) of Title II of the Act. (2) Section 207(a) of Title [ I 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 55.000 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 Titie I of the AoL (1) Section 15(1)(D) of Title I of the Act (15 U.S.C. 2614) makes it unlawful (or any person to fail or refuse to comply with any requirement of Title II or any rule promulgated or order issued under Title 11. 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. 2614) of’ Title I of the Act make. 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 2815) provides that any person who violates any provision of section 15 of Title I of the Act shall be liable to the United States fore 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 underTitlel of the Act for failing or refusing to comply with any rule promulgated or order issued under Title U 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 18(b) of Title I of the Act. (d) injunctive rum !. The Agency may obtain Injunctive relief under section 208(b) of Title U of the Act to respond to a hazard which poses an imminent and substantial endangerment to human health or the environment or section 17 (15 U.S.C. 2616) 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 I of the Act. (e) “ °‘i xmplaints. Any citizen who wishes to file-a complaint pursuant to section 207(d) of Title U of the Act should direct the complaint to the Governor of the State or the EPA Asbestos Ombudsman, 401 M Street, SW., Washington. DC 2O4 0. The citizen complaint should be in writing and identified as a citizen complaint pursuant to section 207(d) of Title II 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. (1) 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. 763.98 Watver delegation to Stats. (a) Can e .rci. (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 cit 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 £ 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 m .gement 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 number, where the officials can be contacted. (U) 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 ------- 41856 Federal Register / Vol. 52. No. 210 / Friday , October 30. 1987 I Rules and Regulations effective administration in the asbestos inspection and management program within the State, the names and ob titles of responsible officials in the agencies. and phone numbers where the officials can 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 States 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 nreds 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 enabling State laws (enacted and pending enactment) and regulations (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) Cenervi 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) K during the comment period, EPA receives a written objection to a Governor’s request and a request for a public hearing detailing specific objections to the granting of a waiver. EPA will schedule • 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 address of the person submitting the comment (d) Criteria. EPA may waive some or all of the requirements of Subpart E of this par 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 has an enfori ement mechanism to albw 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. (0) When specified by EPA.. the State gives satisfactory assurances that necessary steps, including 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 in part, a Governor’s request for a waiver from some or all of the requirements of this Subpart E within 30 days after the close 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 Governors request The 30-day period may be extended if mutually agreed upon by EPA and the State. (I) Modifications. 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 shall 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 Subpart E of this part shall submit a report to the Regional Administrator for the Region in which the State is located at least once every 12 months to include the following 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. (1) 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. (ii) 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 States 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 State and EPA. The plan shall detail the deficiencies found in the Slate 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. (j) 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 a written notice of Its Intent to rescind, in whole or part. the waiver. (2) EPA will issue for publication in the Federal Register a notice that announces the rescission of the waiver, describes those aspects of the State’s ------- Federal Register / Vol. 52. Na. 210 / Friday, October 30, 1987 I Rules and Regulations 41857 program determined to be inadequate. and specifies the facts that underlie the findings of inadequacy. § 763.99 Exclusions. (a) A local education agency shall not be required to perform an inspection under § 763.85(a) in any sampling area as defined in 40 CFR 763.103 or homogeneous area of a school buildir.g where: (1) An accredited inspector has determined that, based on sampling records, friable ACEM was identified in that homogeneous or sampling area during an inspection conducted before December 14, 1987. The inspector shall sign and date a statcment to that efiect 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 § 763.84 for inclusion in the management plan. However, an accredited inspector shall assess the friable ACBM under § 783.88. (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. 1987. 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 § 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 § 783.88. (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 area is not ACBM. (1) 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 § 763.85(a). (ii) Within 30 days after the inspector’s 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 AQ4. 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 § 763.84 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 friøble suspected ACBM assumed to be ACM under § 763.88. (8) 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 12, 1988. 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 ACEM was used as a building material In the building. The local education agency shall submit a copy of the si ed 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 sect;on, from conducting the inspection under § 763.85(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 § 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—Intarizn Transmission Electron Microscopy Analytical Methods—Mandatory and Noumandatory.—and Mandatory Section to Determine Completion of Response Actions I. 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 EJect ron Microscopy Method A. Definitions of Terms 1. “Analytical sensitivity”—Airborne asbestos concentration represented by each fiber counted under the electron ------- 41858 Federal Register I Vol. 52. No. 210 / Friday. October 30, 1987 / Rules and Regulations microscope. It I a determined by the air volume collected and the proportion of the filter examined. This method requires that the analytical sensitivity be no greater than 0.005 structures/cm 3 . 2. “Asbestiform”—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 as 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/mm 2 in an area of 0.057 mm (nominally 10 200-mesh grid openings) and a maximum of 53 structures/mm 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. “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. 21. “lntersection ’—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 a blank (filters through which no air has been drawn). For this method the filter background level is defined as 70 structures/nuns. 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 nstrtunental analysis of the sample. 17. PCM”—Phase contrast microscopy. 18. M SA Y’—Se1ected area electron diffraction. V 19. “SEM”—Scanning electron microscope. 20. ‘STWvV ’—Scaiining transmission electron microscope. 21. “Structure’—a microscopic bundle, cluster, fiber, or matrix which may contain asbestos. 22. “S/cm ’—Structures per cubic centimeter. Z3. “S/mm’”—Structures per square millimeter. 24. T s4”—Transmjssion electron 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 tndepend3nt of the abatement contractor to avoid possible conflict of interest (References 1. .2. 3. and 5 of Unit lU.). 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 sfnun in an area of 0.057 mm 2 (nominally 10200-mesh grid openings) and a single preparation with a maximum of 53 for that same area is acceptable for this method. 5. Use sample collection filters which are either polycarbonate having * pore size less than or equal to 0.4 urn or mixed cellulose ester having, pore size less than or equal to 445 tim. 6. Place these filteruinceries with a 5.0 sm backup Liter (to serve as a diffuser) and a capport pad. See the following Figure ------- Federal Register I Vol. 52. No. 210 / Friday. October 30. 1987 / Rules and Regukitions 4185 FIGURE I--SAMPLING CASSETTE CONFIGURATION { seue Cap Extension Cowl Retainer Ring 0.4 &m pore PC filter or 0.45 p.m pore MCE filter 1 5j.miMcEDiffuser I Lsuppon Pad Cas ueBa ] . [ 9utlet Plug I i i I. or I —\ IIWNG coot uso..o-c ------- 41860 Federal Register I Vol. 52. No. 210 I Friday. October 30. 198 / 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 sampltng 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. 15. After the area has passed a thorough visual inspection, use aggressive sampling conditions to dislodge any remaining dust. (See suggested protocol in Unit lll.B.7.d.) 16. Select an appropriate flow rate equal to or greater than 1 liter per minute CL/mm) 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 mir.imum 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 initiated 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 ci sed sampling cassette in line. Any flow indicates a leak which must be eliminated before initiating the samplings operation. 19. The following Table I specifies volume ranges to be used: S1LUMS 000( 55 50-SO-N ------- Federal Register I Vol. 52. No 210 / Friday, October 30, 1987 / Rules and Regulations 11861 TABLE 1--NUMBER OF 200 MESH EM GRID OPENINGS (0.0057 2) THAT NEED TO BE ANALYZED TO MAINTAIN SENSITIVITY OF 0.005 STRUCTURES/CC BASED ON VOLUME AND EFFECTIVE FILTER AREA Note minrnijm vokJmes required: 25mm :560l ers 37mm :l25OUtera Fifler diameter 0125 mm • effective area of 365 sq mm Filter diameter o 137 mm - effective area of 855 sq mm Eflective Filter Area 385 so mm Volume (lilers) # 01 grid openinQ Effectrie Filter Area 855 sajnrn Volume (litersj I of grid openinp Recommended Volume Range 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 24 23 19 17 15 14 12 11 10 10 a 8 I 6 7 7 6 6 6 6 5 5 5 5 5 5 4 4 4 4 4 4 4 4 Recommended Volume Range 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 6,800 7,000 7,200 7,400 7.800 24 23 21 19 17 15 14 13 12 11 10 9 a B B B 7 7 7 6 6 6 6 5 5 5 5 5 5 4 4 4 4 4 •SUJMG coo€ uso-.o..c ------- 41862 Federal Register I Vol. 52, No. 210 I Friday, October 30, 1987 I 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 sarnpies 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 11: alwwo Cooc I5 o-sc.i ------- Federal Register / Vol. 52. No. 210 / Friday. October 30. 1987 1 Rules and Regulations 41863 TABLE Il--SUMMARY OF SAMPLING AGEt’ CY DATA QUALITY OEJECTIVES This table summarizes the data quality objectives from the performance of this method in terms of precision. accuracy, completeness. rep entanvcne . and cc n rabUity. These objectives are asswcd by the periodic conuol checks and reference checks Listed here and described in the text of the method. Ccxtfarmance Unit Operation OC Check Fremiencv Expectation Sampling materials Seaied blank 1 per hO site 95% Sample pmcedt cs Field blanks 2 per 1,0 rite 95% Pump calibration Before and after h field series 90% Sam pie custody Review of chain-ofcustody record E h sample 95% complete Sample shipment Review o( sending report E&h sample 95% complete PIWNO COO( uw-IO-C ------- 41864 Federal Register / Vol. 5z. No. Z10 I Fnday. 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 area is required to have the following minimum characteristics. The area or hood must be capable of maintaining a positive pressure with make-up air being HEPA-filtered. The cumulative analytical blank concenu ation must average less than 18 ,/mm’ In an area of 0.057 mm 2 (nominally 10200-mesh grid openings) and a single preparation with a maximum of 53 s/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 particulates of the filter surface which is sufficiently clear for TEM analysis. a. TEM Grid Opening Area measurement must be done as follows: 1. The filter portion being used for sample preparation must have the surface collapsed using an acetone vapor technique. ii. Measure 20 grid openings on each of 20 random 200-mesh copper grids by placing a grid on a glass and examining it under the PCM. Use a calibrated graticule to measure the average field diameters. From the data, calculate the field area for an average grid opening. iii. Measurements can also be made on the TEM 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 utlli2i1 g manual or automated procedures may be used providing instrument calibration can be verified. b. TE.M specimen preparation from polycarbonate (PC) filters. Procedures as described in Unit lIl.G. or other equivalent methods may be used. c. TEM specimen preparation from mixed cellulose ester (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. 7 of Unit IL ).) ii. Plasma etching of the collapsed filter is required. The microscope slide tr whicl ’i the collapsed filter pieces are attachea 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, arid 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 particulate asher and operating conditions will then be set such that a 1—2 m (10 percent) layer of collapsed surfacewill be removed. lii. Procedures as described in Unit ifi. or other equivalent methods may be used to prepare samples. F. 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 a STEM attachment or be capable of producing a spot less than 250 rim 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 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 polycrystalline gold film. In practice, it is desirable to optimize the 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 particu’ate. Since the unknown d- spacings of most interest in asbestos analysis are those which lie closest to the transmitted beam, multiple gold rings are unnecessary on zone-a,us 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 screer.. The TLM 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 [ 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 values 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 eucenthc 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 2SO—1,000X. then 15.000— 20,000X screen magnification for analysis. 0. 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. 7. Individual grid openings with greater than 5 percent openings (holes) ------- Federal Register I Vol. 52. No. 210 / Friday, October 30, 1987 I Rules and Regulations 4lC 3 or covered w th greater than 25 percent particulate matter or obviously having nonuniform loading must not be analyzed. H. Reject the grid if: R. 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 ocequ l to 0.5 m 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 cluster or matrix. An inter tection 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: SILUNG CODE 6560-SO-N ------- 41866 Federal Register ! Vol. 52, No. 210 / Frida . October 30, 1987 / Rulcs dnd Regulations FIGURE 2--COUNTING GUIDELINES USED IN DETERMINING ASBESTOS STRUCTURES urit as 1 fiber; 1 Structure; r intersections. as 2 fibers if space bet en fibers is greater than width of 1 fiber di eter or rnrnber of intersections is ua1 to or less than 1. is greater than width of 1 fiber ua1 to or less than 2. Coirit as 3 structures if space bet en fibers di ter or if the n znber of intersections is Count tx rd1es as 1 stx ctiz’e; 3 or nore parallel than 1 fiber di eter separation.. fibrils less ------- Federal Register /VoI. 32.No. 210 / Friday. October 30, 1987 / Rules arid Regulations 41667 Count clusters as 1 structure; fibers having greater than or &jual to 3 iritersect ions. DC) NO T AS CflW : No fiber protusion Fiber protrusion <0.5 i . eter <0.5 flti A eter in length <5:1 Aspect Ratio Count matrix as 1 structure. Fiber protrusion <5:1 Aspect Ratio .w cco i it e ------- 41868 Federal Register / Vol. 52. No. 210 / Friday, October 30. 198 I Rules and Re ulatiorts I. Fiber. A structure having a minimum length greater than or equal to 0.5 .im 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. ii. Bundle. A structure composed of three or more fibers in a parallel arrangement with each fiber closer than onc 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 w:th one end free and the other end 2mbedd d In or hidden by a particulate. The exposed fiber must meet the fiber definition. b. Separate categories will be maintained for fibers less than 5 p.m and for fibers equal to or greater than 5 p.m 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/nun 2 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/mrn concentration. (Generally speaking, the first 4 amphiboles would require EDXA.) g. If the number of fibers in the nonasbestos class would cause the analysis to exceed the 70 s/mm 2 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 chr’ysotile 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 s/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 2 have been exceeded for a particular sample.) j. if rdiffraction 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. I. If an EDXA spectrum was attempted but not observed, record N on the count s ce. in. )f an X-ray analysis sp ictrurn 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 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. 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 particulate. 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 I 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’, request. C. 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 area samples. five ambient samples, two field blanks, and one sealed 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 durtng the same time period. 4 Remaining steps in the analyticai sequence are contained in Unit IV of this Appendix. H. 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. .t Area nahzed. 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. L 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 An the following Table III: mLUsa cooc ssso-so- ------- Federal Register I Vol. 52. No. 210 I Friday, October 30, 1987 I Rules and Regulations 41869 TABLE 111--SUMMARY OF LABORATORY DATA QUALITY OBJECTIVES I m i t O er ti ’rn fl( ’ ( w’k Conformance Expecta on Sample receiving Sample custody Sample preparation Sample. analysis Performance check Calculations and data reducoon Review of receiving report Review of chain-of-custody record Supplies and reagents Grid opening size Special clean area monttoruig Labatatoiy blank Plasma etch blank Multiple preps (3 per sample) System check Alignment check Magnification calibration with low and high d th ED calibration by gold standard EDS calibration by copped line Laboratory blank (measure of cleanliness) Replicate counting (measure of precision) Duplicate analysis (measure of reproducibility) Known samples of typical materials (wczking atandards) Analysis of NBS SRM 1876 and/or P.M 8410 (measure of accuracy sad compambility) Data entry review (data validation and measure of completeness) Record and verify ID electron diffraction paflern of structure Hand calculation of automated data reducuan procedure or independent recalculation of hand- calculated data Each sample Each sample On receipt 20 openingsf0 grids/lot of 1000 or 1 opening/sample After cleaning or service I perprepscries or 10% I per 20 samples Each sample Ezh day Each day Each month or after service Weekly Daily Prep I per series or 10% read 1 per 25 samples 1 per 100 samples iper 100 samples Training and for corn- — th unbowns 1 per analyat per ye Each sample I per S samples I per 100 samples 95% complete 95% complete Meet specs. or reject 100% Meet specs or mclean Meet specs. or reanalyze series 75% One with cover of 15 complete grid sqs. Each day Each day 95% 95% 95% Mact specs or — es 13 x Poisson Std. Dcv. 2 z Poisson Sid. Dcv. 100% 1.5* Poisson Sgd. Dcv. 95% % ac uacy 85% Sswwe coca sale-ia-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 a 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 10 200-mesh grid openings, the system must be checked for possible sources of contamination. 6. Perform a system check 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 UI under Unit ILL. 8. Ensure qualified operator performance by evaluation of replicate analysis and standard sample comparisons as set forth in Table ID under Unit II. !. 9. Validate all data entries. 10. Recalculate a percentage of all computations and automatic data reduction steps as specified in Table Ill under Unit [ LI. 11. 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 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 patterns. 12. Appropriate logs or records must be maintained by the analytical laboratory verifying that it is in compliance with the mandatory quality assurance procedures. J. References For additional background information on this method, the following references should be consulted. 1. “Guidance for Controlling Asbestos-Containing Materials in Buildings.” EPA 560/5—85—024. June 1985. 2. “Measuring Airborne Asbestos Following an Abatement Action.” USEPA. Office of Toxic Substances. EPA 60 ,0/4 —8.5— 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. Cather. 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 ZA: 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.” 8. Chatfield, E.J., Chatfield Tech. Cons.. Ltd.. Clark. T.. PEI 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. NIOSH Method 7402 for Asbestos Fibers, 12.—1i--88 Draft. 10. Yamate, C., Agarwall, S.C.. Gibbons. RJ1, UT Research Institute. “Methodology for the Measurement of Airborne Asbestos by Electron Microscopy,” Draft report, USEPA Contract 68—02—3286, July 1984. 11. “Guidance to the Preparation of Quality Assurance Project Plans.” USEPA. Office of Toxic Substances, 1984. III. Nonmandotory Trvnsmission EJect run 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 0.005 s/cm 3 . 2. “Asbestiform”—A specific type of mineral fibrosity in which the fibers and fibrils possess high tensile strength and flexibility. 3. “Aspect natlo”—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 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 matenals 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 art average of less than 18 structures/mm 2 in an area of 0.057 rim , 2 (nominally 10 200 mesh grid openings) and a maximum of 53 structures/mm 2 for no more than one single preparation for that same area. 6. “Cluster”—A si.runturc with fihers 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 jam 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/mm’. 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. “Opera tor”—A person responsible for the TEM instrumental analysis of the sample. 17. “PCM”—Phase contrast microscopy. 18. “SA ”—Selected area electron diffraction. 19. “SEM”—Scanning electron microscope. 20. “STEM”—Scanning transmission electron microscope. 21. “Structure”—a microscopic bundle, duster, fiber, or matrix which may contain asbestos. ------- Federal Register 1 Vol. 52. No. 210 / Friday, October 30. 1987 / Rules and Regulations 41871 22. “SIcm ’—Structures per cubic centimeter. 23. “S/mm 2 ’—Stnictures per square millimeter. 24. TE..M”—Transmissiori electron mLcroscope. 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 IILL.) Special precautions should be taken to avoid contamination of the sample. For example. materials that have not been orescreened 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 lll.L.). Control checks shall be permanently recorded to document the quality of the information produced. The sampling firm must have written quality control procedures and documents which verily 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 II 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 filter- retaining middle piece. Conductive material may reduce the potential for particulates to adhere to the wells of the cowl. c. Cassettes must be verified as ‘clean’ 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 lll.A.). e. Reloading of used cassettes is not permitted. f. Usc. sample coilect’on filters which are either pqlycarbonate having a pore size of less than or equal to 0.4 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 Lm (to serve as a diffuser) and a support pad. See the following Figure 1: UiWNG 000C 1540-IO-M ------- Federal Register / VoL . No. 2i0 I Friday , October 30. 198 / Rules dnd Reguld!ions FIGURE I--SAY PLING CASSETTE CONFIGURATION 0.4 pm pore PC filter or 0.45 pm pore MCE filter 5pm McEDiffuser7 41872 t s Cap J Extension Cowl or Retainer Ring Isup I I Cas eueBase I SILUNG OOC U1040-C ------- Federal Register I Vol. 52. No. 210 / Friday, October 30. 1987 / Rules and Regulations 41873 h. When polycarbonate filters are used. position the highly reflective face such that the incoming parUculale is received on this surface. i. Seal 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 p ,.mp 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 ZA each time the unit is sent to the fiei (See Reference 6 of Unit IILL). 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 stdL in plane and the pump operating before iniLia ing sample collection. Trace and stop the source of any flow indicated by the flowsneter under these conditions. e. Select an appropriate flow rate equal to or greater than I 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 atop times, and other useful information or cor ments. Use of a sampling log form is recommended. See the following Figure 2: StWNO CODE $SW- 5O-M ------- 41874 Federal Register / Vol. 52. No. 210 / Friday, October 30. 198 / Rules and Regulations FIGURE 2--SAMPLING LOG FORM Sample Pump Start Middle End flow Number Location of Sample LD. Time Time Tm Rate Inspector Date: w G coot ------- Federal Register I Vol. 52, No. 210 / Friday, October 30, 987 / Rules and Regulations 4187 h. Initiate a chain of custody procedure at the start of each samphng, if this is requested by the client. I. Ma ntain a close check of all aspects of the sampling operation on a regular basis. . Continue sampling until at least the minimum volume is collected, as specified in the following Table 1: S WNG COOL S5 O—SO-M ------- 41876 Federal Register / Vol. 52. No. 210 I Friday, October 30. 1087 / Rules and Regulations TABLE I--NUM ER OF 200 MESH EM GRID OPENINGS (0.0057 MM ’) THAT NEED TO BE ANALYZED TO MAINTAIN SENSITIVITY OF 0.005 STRUCTURES/CC BASED ON VOLUME AND EFFECTIVE FILTER AREA Note mirWnvm vo jmes m j ed: 25mm :S60Irs 37mm :1250 .rs F*er WTRter 0(25 rim • effi ivs atea o( 385 F fter wnster 0(37mm • ftsctIw a ma 0(855 fliT) Effective FifterArea 385 s mm Effective Filter Area 855 so mm Volume (lners 01 Recommended Volume Range Volume (liters) * of arid openin 560 24 600 23 700 19 800 17 900 15 1,000 14 1,100 12 1,200 11 1,300 10 1,400 10 1,500 9 1.600 8 1,700 $ 1,800 8 1,900 7 2,000 7 2,100 6 2,200 6 2,300 6 2,400 6 2,500 5 2,600 5 2,700 S 2.800 5 2,900 5 3.000 5 3.100 4 3,200 4 3,300 4 3.400 4 3,500 4 3,600 4 3,700 4 nn Recommended Volume Range 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 3,100 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 SJOO 7,000 7,200 7.400 7.600 24 23 21 ¶7 15 14 13 12 11 10 9 9 a $ I 7 7 7 6 6 6 6 5 5 $ 5 5 S 4 4 4 4 I PIWNO COOl 15 10-10-C ------- Federal Register / Vol. 52, No. 210 / Friday. October 30. 1987 / Rules and Regulations 41877 k. At the conclusion of sampling, turn the cassette upward before stopping the flow to minimize possible particle loss If the sampling 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 resealed 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. in. Do not change containers if portions of these filters are taken for other purposes. 6. Minimum sample number per site. A minimwn of 13 samples are to be collected for each testing consisting of the following: a. A nunimum 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 sec and replacing it at the time of sampling before sampling is initiated at the following places: i. Near the entrance to each ambient area. U. At one of the ambient sites. (N0IL Do not leave the blank 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. 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 I of Unit II1.L .) b. Containment barriers over windows, doors. and air passageways must remain in place until the TEM dearance sampling and analysis is completed and results meet clearance lest criteria. The final plastic barrier remains in place for the sampling period. c. Select sampling sites in the abatement area on a random basis to provide unbiased and representative samples. d. After the area has passed a thorough visual inspection, use aggressive sampling conditions to dislodge any remaining dust. i. Eçu pment used in aggressive sampling such as a leaf blower and/or fan should be properly cleaned and decontaminated 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 (I) 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 works I te. 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 6-mu polyethylene to insulate the pump from the air. High volume pwnps 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. Lt is not possible to completely decontaminate the pump motor and part. since these areas cannot be wetted. To minimize any problems in 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 6-mil polyethylene will provide easier decontamination of this equipment. Use of clean water and disposable wipes should be available for this purpose. e. Pump flow rate equal to or greater than 1 L/tnin or less than It) 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 IILB.54.) 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 building and away from any obstructions 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 le *st 3 ft api’rt and protec them from adverse weather conditions. c. Sample same volume of air as samples taken inside the abatement site. C. Sample Shipment I. 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 analysts is to be performed. 5. Hand-carry samples to the laboratory in an upright position if possible; otherwise choose that mode of transportation least likely to jar the samples 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. D. Quality Control/Quality Assurance Procedures (Data Quality Indicators) Monitoring the environment for airborne asbestos requires the use of ------- 41878 Federal Register I Vol. 52. No. 210 / Friday, October 30. 1987 I Rules arid 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 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 is performed along with the sample analysis as indicators that the materials uced are adequate and the operations are within acceptdble 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 s/mni in an area of 0.057 mm 2 (nominally 10 200-mesh grid openings) and a maximum of 53 s/mists 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 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. 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. Oper 1 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 closed 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 intemipting the pump flow. 12. Check that all samples are clearly labeled and that 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. l• Rinair. all bills of iading c shipping slips to document the shipper and delivery time. c. Examine the chain-of-custody 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 dean. 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.) NSO M ------- Federal Register I Vol. 52. No, 210 / Friday. October 30. 1987 / Rules and Regulations 41879 FIGURE 3--SAMPLE RECEIVING FORM Date of package delivery Package shipped from ___________________ Carrier ____________________ Shipping bill retained ______________ *Condition of package on receipt * Condition of custody seal __________________________________________________ Number of samples received _____________ Shipping manifest attached ________________ Purchase Order No. _______________ Project LD. _____________________ Comments _________________ Sampling Sampled Medium Volume R eiving Descnrnion MCE Liters ID H A i ned H I ________________________________________________________________ ________ ____________ _______________ ________________ 2 ________________ — __ ___ ____ ____ 3 ___________________________________________ ______ ________ __________ ___________ 4 _______________ __ ___ ____ ____ S _______________ __ ___ ____ ____ 6 _____________________________________ _____ _______ _________ _________ 7 _________________________________________ _____ _______ _________ __________ 8 ___________________________________________ ______ ________ __________ ___________ 9 _________________________________________ _____ _______ __________ __________ 10 __________________________________ — ____ ______ ________ _________ 11 _________ — _ __ ____ 12 __________________________________ ____ ______ ________ _________ 13 _____________________________________ — _____ _______ _________ _________ (TJse many additional sheets as needed.) Comments Date of a epIance into sample bank_______________________________ Signature of chain-of-custody recipient Disposition of samples * It the psc ge az subssauial dw’age arthe cuswdy ical is *e atop and con ct the Foject manager and the shipper. i o coot M IS ------- 41580 Federal Register / Vol. 5 . No. 2 0 / Friday, October 30. 196 / RLles and Re ui tions Note.—The person breaking the chain-of- custody sea! and itemizing the contents assumes responsibi!ity 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 the Abatement Contractor shall be used to prepare samples and conduct TEM analysis. Wet-wipe the exterior of the cassettes to minimize r.ontamiflatior- possibilities before taking :hern to the clean sample preparation facility. 2. Perform sample preparation in a well-equipped clean facility. Note_—The clean area is required to have the following minimum characienstics. The area or hood must be capable of maintaining a positive pressure with make-up air being HEPA filtered. The cumulative analytical blank concenu tion must average less than 18 $/fl jfl 2 in an area of 0.057 s/mm 5 (nominally 10200-mesh grid openings) with no more than one single preparation to exceed 53 s/mni 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 film containing the particulates from the filter surface which is sufficiently clear for TEM analysts. Currently recommended direct preparation procedures for polycarbonate (PC) and mixed cellulose ester (MCE) filters are described in Unit UL .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 IU.J. b. Remove the inlet and outlet plugs prior to opening the cassette to minimize any pressure differential that may be present. c. Examples of techniques used to prepare polycarbonate filters are described in Unit ULF.7. d. Examples of techniques used to prepare mixed cellulose ester filters are described in Unit Ifl.F.8. e. Prepare multiple grids for each sample. f. Store the three grids to be measured in appropriately labeled grid holders or polyethylene capsules. 5. Equipment. a. Clean area. b. Tweezers. Fine-point tweezers for handling of filters arid TEM grids. c. Scalpel Holder and Curved No. 10 Surgical Blades. d. Microscope slides. e. Double-coated adhesive tape. f. Cummed page reinforcements. g. Micro-pipet with disposal tips 10 to 100 L variable volume. h. Vacuum coating unit with facilities for evaporation of caibon. Use of a liquid ritrogen 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. Spectrochernically 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 coUapsed 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 ashen admit air too rapidly. which may disturb particulates on the surface of the filter during the etching step. 1. Glass petni 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. a. 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 grids, or equivalent. s. Analytical balance. 0.1 mg sensitivity. t. Filter paper. 9 c ia in diameter. u. Oven or slide warmer. Must be capable of maintaining a temperature of 85-70 C. v. Polyurethane foam. 6 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 deior ized 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 Burdette procedure (Ref. 7 of Unit lII.L ). 7. TEM specimen preparation from polycarbonate fiters. a. Sphciri.en p!eparation laboratory. It is most important to ensure that contamination of TEM specimens by extraneous asbestos fibers is mimmized during preparation. b. Cleaning of sample cassettes. 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 will be treated in the same way as an uncoa ted 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 4mm 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 50 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. Polycarbonete 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 fitter 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 418 31 point placed in contact with the filter. The process can be repeated to cut a strip approximately 3 mm wide across the 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 rrn 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 b fure ha dlin a r. w samp e. The filter strips should be identJied by etching the glass slide or marking the slide using a marker insoluble in water and solvents. After the filter strip has been cut from each filter, the residual 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. The evaporation must be performed in very short bursts, separated by some seconds 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 filters. 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 film 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 pieces of lens tissue approximately 1.0 cut x 0.5 cm are placed on the stainless steel bridge, and the washer is filled with chloroform to a level where the meniscus contacts the underside of the mesh, which results in saturation of the tens tissue. See References 8 and 10 of Unit JUL. 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 polycarbortate 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 &nrface and the centcr. Thc’ piece c.f fPter lb placec on a TEM specirn n 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 p laced 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 ED 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. 11 the specimens are cleared satisfactorily by the Jaffe washer alone, the condensation washer step may be unnecessary. 8. TEM specimen preparation from MCE filters. a. This method of preparing TEM specimens from MCE filters is similar to that specified in NIOSU Method 7402. See References 7, 8, and 9 of Unit lll.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 & ‘de 4 n peri ruirr .v)’Lch corttdins sev ra1 paper tihert 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 pIn (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 winking substrate prepared from filter or lens paper placed on top of a6 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 ------- 418C2 Federal Register I Vol. 52. No. 210 I Friday , October 30. 1987 I Rules and Regulations rnirks 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. ;. 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 o the wed te shaped trough to bring th2 ac tore ev. l up to the highest possible level without disturbing the sample preparations. Cover the petri dish. Elevate one aide of the peth 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. G.TEM Method 1. Instrumentation, a. Use an 80—izo 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 less than 250 rim in diameter at crossover. The microscope shall be calibrated routinely (see Unit IILJ.) for magnification and camera con.sta nl b. While not required on every microsi - ,, 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 shaU be checked regularly for Al at 1.48 Key and Cu at 8.c 4 KeV. as well as the manufacturers procedures. I. Standard replica grating may be used to determine magnification (e.g.. 2100 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 wnpl2 ,i ar.aly— ed. Recor’f on cnun ;he t. an lyst’c initiaia anu date; k.ib sample numben client sample number microscope identification, magnification for analysi.s number of predetermined grid openings to be analyzed and grid identification, See the following Figure 4: 4L a coos ue-eo- ------- Federal Register I Vol. 52. No. 210 / Friday. October 30, 1987 / Ru’es and Regulations FIGURE 4--COUNT SHEET 41883 Lab Sample No. Client Sample No. lns ument LD. MagnificatIon — Acc. Voltage — Filter Type Filter Area __________ Grid LD.__________ Grid Opening (00) Area No. GO to be Analyzed StTUCn No. S UCtUZe ype• Length c 51Lm 5 un Chz ,s. ED ObWvIDDit Amp Noa ub. Nei. ID - Bundle c - aus F - Fiber M — Menu NF l ) - No fibers detected N - No diffrsczion obtained Operator — Date ____ Comments 00 S ctwt No. Saucture Tvpe• Length El) Observaxion ( < 5 .tm 5j.trn Chn’s. Amph. Nonasb. Neg. ID coot C ------- 41884 Federal Register I Vol. 52. No. 210 / Friday, October 30. 1987 I Rules and Regulations b. Check that the microscope is properly aligned and calibrated accorduig to the inariufacturer ’b 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-ha!! (0.5) of the predetermined sample area to be analyzed shall be performed on one sample grid preparation and the rumaining half on a second sample grid preparation. e. Determine the suitability of the grid. i. individual grid open :rigs with greater tliar: 5 percent opir’ngs (holes) or covered with greater than 25 percent particulate matter or obviously having nonuniform loading shall not be analyzed. ii. Examine the grid at low magnification (..(I000X’) to determine its suitability for detailed atsidy at higher magnifications. iii. Reject the grid If: (1) Less than 50 percent of the grid openings covered by the replica are intact. (2) It is doubled it foided. (3) It is too dark because of incomplete dissolution of the filter. iv. IS the grid is rejected, Load the next sample grid. v. If the grid is acceptable. continue on to Step 6 if mapping is to be used: otherwise proceed to Step 7. I. Grid Map (Optional). i. Set the TEM to the low magnification mode. ii. Use flat edge or finder grids for mapping. iii. Index the grid openings (fields) to be counted by marking the acceptable fields for one-half (0.5) of the area nee.ied for analysis on each of the two gridz to be analyzed. These may be marked just before examining each grid opening (field), if desired. iv. Draw in any details which will allow the grid to be properly oriented it it is reloaded into the microscope and a particular field ts to be reliably identified. g. Scan the grid. I. Select a field to start the ey ” at ion. ii. Choose the appropriate magnification (15,000 to Z0.000X screen magnification). iii. Scan the grid as follows. (1) At the selected magnification. make a series of parallel traverses across the field. On reaching the end of one traverse, move the image one window and reverse the traverse. Note—A slight overlap should be used so as not to miss any part of the gnd opening (field). (2) Make parallel traverses until the entire grid opening (field) has been scanned, 11. Identify each structure for appearance and size. i. Appearance and size: Any continuous rr’uping of particles in which an asbestos fiber within aspect ratio greater than or equal to 5:1 and a length greater than or equal to 0.5 m is detected shall be recorded on the count sheet. These will be designated asbestos struc ires and will be clauified as fibers, bundles, clusters, or matrices. Record as individual fibers any contiguous grouping having 0. 1, cr2 definable intersections. Groupings having snore than 2 intersections are to be described as cluster or matrix. See the following Figure 5: COOS I SI S - IS N ------- Federal Resister / Vol. 52.. No.210 / Friday, October 30. 1987 / Rules and Regulations 41885 FIGURE 5--COUNTING GUIDELINES USED IN DETERMINING ASBESTOS STRUCTURES Count as 1 fiber; 1 Structure; r intersections. C unt as 2 fibers if space between fibers is greater than width of 1 fiber diaix ter or nu ber of intersections is equal to or less than 1. • Count as 3 stz rtures if space between fibers is greater than width of 1 fiber dianeter or if the nu er of intersections is equal to or less than 2. count bundles as 1 str ture; 3 or nore parallel than 1 fiber diai ter separation. fibrils less ------- 41886 Federal Resister / Vol. 52, No. 10 ,‘ Fndav. October 30. 1987 I Rules and Regulations Count clusters as 1 stn. cture; fibers having greater than or e ua1 to 3 intersections. Co’jr matrix . . s 1 stricture. DD ZYT T AS iCflW S: No fiber protusion Fi r protrusion <0.5 rnc .4Leter <0.5 mi uieter is length <5:1 Asoect Ratio Fiber protrusion <5:]. Aspect Ratio •IUJNG cooc ------- Federal Register f Vol. 52, No. 210 / Friday. October 30, 1987 / Rules and Regulations 41887 An intersection is a non-parallel touching or crossing of fibers, with the prolection having an aspect ratio of Si or greater. Combinations such as a matnx and cluster, matrix and bundie, or bundle and cluster are categorized by the dominant fiber quality—duster. bundle, and matrix, respectively. Separate categories will be maintained for fibers less than 5 um and for fibers greater than or equal to 5 &m in length. Not required, but useful, may be to record the fiber length in 1 pm intervals. (Identify each structure morphologically and analyze it as it enters the “window”.) (1) Fiber. A structure having a ,ninirnu,n leii jL l reater than 03 , m and an aspect ratio (length to width) of £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 fibers 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 or hidden by a particulate. The exposed fiber must meet the fiber definition. (5) NSD. 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 particula tee 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 direction of travel is not remembered, return to the right side of the field and begin the traverse again. I. Visual identification of Electron Diffraction (ED) patterns is required for each asbestos structure counted which would cause the analysis to exceed the 70 s/mm’ concentration. (Generally this means the first four fibers identified as asbestos must exhibit an Identifiable diffraction pattern for chrysotile 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 chryaotile, amphibole, or nonasbestos. (1) Chrysotile: The chrysotile asbestos pattern baa 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 sharpiess on the contra! iayel uie ai d on alternate lines (2nd, 4th, etc.). The repeat distance between layer lines is 0.53 am and the center doublet is at 0.73 nm. The pattern should display (002), (110), (130) diffraction maxima: distances and geometry should match a chrysotile pattern and be measured semiquantitatively. (2) Amphibole Group (includes grunerite (amosite), crocidolite, anthophytlite. 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 nonasbeatos morphology. lii. 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 patterns. 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. j. Energy Dispersive X-Ray Analysis (EDXA). i. Required of all amphiboles which would cause the analysis results to exceed the 70 s/mm’ concentration, (Generally speaking, the first 4 aznphiboles would require EDXA.) u. Can be used alone to confirm chrysotile after the 70 s/mm 2 concentration has been exceeded. iii. Can be used alone to confirm all 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 (he analysis to exceed the 70 /i t 2 concen ratior, ther identities inus be cocfirmeq by £IJXA or measurement of’ a zone axis diffraction pattern to eBtablish 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 SO esbestiform 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/cm is reached. I. 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) 11 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 &m or greater than or equal to S p.m. (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 standard 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 ------- 41888 Federal Register / Vol. 52. No. 210 / Friday, O.tober 30, 1957 I Rules and Regul2tions sheet X-ray analysis alone can be used as sole identification only after 70 5/mm 2 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/m.m 3 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)1 1 an electron diffLactior. was attempted and an 8p rop uIte spectra not observed. N should be recorded on the count sheet. (8) 1! 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 03 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. 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 NSD when ro rtructurcs are detected in the fi Jd. n. Atte- ad necai ry analyses of c 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 a chosen magnification (15.000 to 20,000X sceen 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 gnd. 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 minirnuni of 30 days by the laboratory or returned at the clients 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 s r le e” t ide tao worlc :e The indooc and outdoor samplis [ all 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/cm analytical sensitivity. 4. Remaining steps In the analytical sequence are contained in Unit IV. of this Appendix. L Reporting The following information must be reported to the client. See the following Table Th mw a coos u ------- Federal Register / vol. 52. No. 210 / Friday . October 30, 1987 / Rules and Regulations 41889 TABLE 11--EXAMPLE LABORATORY LETTERHEAD Laboratory I.D. client LD. FILTER MEDIA DATA Type Diameter, mm Eff uvc Pore Size. izn AnaJyj f Aiea. mm 2 Sample Volume, cc INDIVIDUAL ANALY11CAL RESULTS Labmwry I.D. Client LD. Structures i 1y j Sensitivity. s/cc CONCENTRATION Structures/mm 2 Structures/cc The analysis was carried out to the appmved TEM method. This 1aborata y is in compliance with the quality specified by the method. Authoñzccl ignanire U L*G UM C ------- 41890 Federal Register / Vol. 52. No. 210 / Friday, October 30. 1987 / Rules and Regulations 1. Concentration in structures per square millimeter and structures per cubic centimeter. 2. Analytical sensitivity used for the analysis. 3. Number of asbestos structures. 4. Area analyzed. 5. Volume of air samDles which was initially provided by client). 6. Average grid size opening. 7. 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 AHFRA method. iA e 1 )o’-t form murt con e n official laboratory identification (e.g., letterhead). 11. Type of asbestos. J. 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 standarils and by following detailed methods as described in References 8 and 10 of Unit III.L 1. Equipment Calibration. In this method, calibration is required for the air-sampling equipment and the transmission electron microscope CrEM). a. TEM Magnification. The magnifiriitinn 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 i. performed with a cross grating replica. A logbook must be marntamQ4!j 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 perforn the analyst must eniwe that the cross grating replica is placed at the same distance from the objective lens as the specimens are. For instruments that incorporate an eucenthc tilting specimen stage. all speciments and the cross grating replica must be placed at the eucentric 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 measwable or previously inscribed with a scale or concentric circles (all scales should be metric). ii. Insert 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 TEM fluorescent screen. Ensure that the goniometer stage tilt is 0 degrees. iii. Adjust microscope magnification to io.oooX or 20.000XI Measure the distance (mm) between two widely separated lines on the grating replica. Note the number of spaces betwce:i rh lines. Tcke c3r to measure bew te.r the same relative positions on the lines (e.g., between left edges of lines). Note—The more spaces included in the messurement, the mere Iccurate the final calculatiosi. On most microscopes, however. The magnification is substantially constant only within the central 8-10cm diameter region of the fluorescent s een. iv. Calculate the true magnification (M) on the fluorescent screen: M—XG/Y where: X— total distance (mm) between the designated grating lines: G—callbration constant of the grating replica (lines/mm): Y—nuinber 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 lnsimment. When this has been completed in accordance with the manufactu r ’s ins uctfons, calibration in terms of the different types of asbestos can proceed. The EDXA . d.* it t 5 vary in both solid angle of detection and In window thickness. Therefore, at a particular accelerating valtagein use air 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 libration ii 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 cumparisons with these reference spectra. d. Calibration of Grid Openings. I. 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 opening 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 TEM at a properly calibrated low magnification or on an optical microscope at a magnification of approximately 400X by using an eyepiece !itted with a sc rle that has be calibrated against 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. L 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 ott the specimen ‘FEM grid to obtain zone-axis ED patterns superimposed with a ring pattern from the polycrystalline gold film. ii. In practice. It is desirable to optimize the 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 particulates. 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 rings 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 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 gnd from the filter and the actual examination of this grid in the microscope. Each of these unit operations must produce a product øf ------- Federal Register I Vol. 52, No. 210 / Friday, October 30. 1937 I Rules and Regulations 41891 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 sarnpie 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 fo awing T ib 1 a HI 8IUJ G Ct ,.J O-bO-M ------- 4 1812 Federal Re tsteriVo1. 52. No.210/ Fr ddv. October 30, 1937 / Ruiec and Re u at ons TABLE Ill--SUMMARY OF LABORATORY DATA QUALITY OBJECTIVES Unit Or r ttpn or rh r Conformance E oectaDon Sample receiving Sample custody Sample prepara Aon Sample analysis Pe mance check Calcalañoris and Review of receiving report Review of chain-of-custody record Supplies and reagents Grid opening size S ciaJ clean area monitoring Laboratory blank Plasma etch blank Muluple preps (3 per sample) System check Alignment check Maficanon calibralion with low and high s darth ED calibration by gold standard EDS calibration by copper line aborasory blank (measure of cleanline$) Replicate coumung (measure of precision) Duplicate analysis (measute of reproducibility) Known samples of typical materials (wcstthg andards) Analysis of NBS SRM 1876 and/or RM 8410 (measure o(acctracy and m ability) enoy review (data v Mition and eamee of completeness) Record and verify ID elecuon diffracsion psuern of suucune Hand calculation of auicsnated data reduction procedure or independent rr *u1rion of hand- data Each sample Each sample On receipt 20 openingsf2O grids/lot of 1000 or I oo un /san’ple After cleaning or service lperprepsenesor]O% I per 20 samples Each sample Each day Each day Each month or after service Weekly Daily Prep I perseriesor 10% read 1 per 25 samples Iper 100 samples 1 per 100 samples Training and for corn- — with w owns 1 per analyst per y Each sample lper5wnples I per 100 samples 95% complete 95% complete Meet specs. or reject 100% Meet specs or reclean Meet specs. or Ieana e series 75% One with coverof 15 complete grid sqs. Each day Each day 95% 95% 95% Meet specs or reanalyze series l i x Poisson Std. Dcv. 2 x Poisson Sid. Dcv. 100% 1.5 x Poisson Std. Dcv. 95% 80% accuracy 85% WNG coos ------- Federal Register / Vol. 52, No. 210 / Friday, October 30, 1987 / Rules and Regulations 41893 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 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 averag&. of these results. ir this average is greater than 53 f/mm 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 saber. 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 UI of Unit IUX. 10. Ensure qualified operator performance by evaluation of replicate counting. duplicate analysis, and standard sample comparisons as set forth in Table UI of Unit IILI(. ii. Validate all data entries, 12. Recalculate a percentage of all computations and automatic data reduction steps as specified In Table DL 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 tests. Specifica on those control procedwes and options available for environmental testing can be obtained by consulting References e. 7. and 11 of Unit 111.1.. I .. References - For additional background Information on this method the following references should be consulted. 1. “Guidelines for Controlling Asbestos-Containing Materials In Buildings,” EPA 580/5-85-024. June1985. 2. “Measuring Airborne Asbestos Following an Abatement Action.” USEPA! Office of Toxic Substances, EPA 600/4—8&—o49, 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. Cather, 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 S ’,sU,.xn. Ambient Air Metnudr.. EPA 800/4—77— OVa, USEPA, Office of Research and Development 1977. 6. Method IA. 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 lit Air.” 8. Chatfleld, E.J., Chatfield Tech. Cons., Ltd., Clark, T.. PEI 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. NIOSH. Method 740.2 for Asbestos Fibers. December11, 1986 Draft. 10. Yamate. G.. SC Agarwall, R.D. Gibbons, UT Research Institute, “Methodology for the Measurement of Airborne Asbestos by Electron Microscopy.” Draft report, USEPA Contract 98-02-3286, July 1984. 11. GuIdance to the Preparation of Quality Assurance Project Plans. USEPA, Office of Toxic Substances, 1984. I V Mandatory hitcrpiwtotian of 7)unsmisa n Electron Microscopy Results to Detenntha 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 area 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 area to an airborne asbestos concentration that is lower than the conoentzetion of air entering the abatement area from outdoors or from other parts of the building. After the abatement area has passed a thorougit 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 conzcare by the Z .4est, a statistical test that taxeb into account the variability in the measurement process. A minimum of five samples inside the abatement area and five samples outside the abatement s ian 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 2.7991. 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 s/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 fro the fflta c nt . minatton/ 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.i.99 1. for 25 mm filter or 2,7991. for *37 mm filter are collected because the ability to distinguish levels significantly different from filter background Is reduced at low volumes. The 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/nun 2 Is based on the experience of the panel of mieroscopists who consider one structure in 10 grid openings (each grid opening with en ares of 0.0057 nun 3 ) to ------- 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 statistics 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 cnterion 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 sLrucures per 10 grid openings corresponds to approximately 70 s/mm 2 . B. Sample Collection and Analysis 1. A minimum of 13 samples is required: fiv samples collected inside 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 nonmanda tory 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 nun 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/mm 2 : 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 i/mm 2 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 1 —Yo 0.8(1/ni + 1A 0 ) 1 /2 where , is the average of the natural logarithms of the inside samples and V o is the average of the natural logarithms of the outside samples. a 1 is the number of inside samples and a 0 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 fibers are counted, the calculated detection limit for that analysis is inserted for tne 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. D. 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 terminat2 the anatvsis of exis in3 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/mm’, the response action is complete and no further analysis is needed. 3. If less than 1.199 1. 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 concentratior 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/mm’, analyze the outside samples and perform the Z-Iest. 6. lIthe Z-etatistic is less than or equal to 1.85. the response action is complete. If the Z-statistic is greater than 1.65. reclean the abatement site and collect a new set of samples. Appendix B to Subpart E—Work Practices and Engineering Controls for Small-Scale. Shaft-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 763.01(b) extends the protection provided by EPA in its 40 CFR 763,121 for worker protection during asbestos abatement protects 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 0 5 1-IA 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 arid Health Act. Employers wishing to be exempt from the requirements of § 763.121 (e)(6) and (f)(2)(i) may instead comply with the provisions of this appendix when performing small-scale, short-duration 0 .M activiti”s. Definition of Small-Scale. Short- Duration Activities For the purposes of this appendix. small-scale, short-duration maintenance activities are tasks such 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 small quantities of asbestos-containing materials (ACM) only If required 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 hi 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. ------- Federal Register / Vol. 52, No . 210 J Friday, October30, 1987 1 Rules and Regula dons 41895 OSHA concluded that the use of certain engineering and work practice controls is capable of reducing employee exposures to asbestos to levels below the final standard’s action level 10.1 f/cm 3 ). (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 mirtienclosures. 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 removed must be covered completely with 6-mu-thick polyethylene plastic sheeting before the task begins. If objects have already been contaminated, they should be thoroughly cleaned with a High Efficiency Particulate 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 fibers do not become airborne, and 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 means of an airless sprayer to minimfre the extent to which the asbestos- containing 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 that 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 need to remove small amounts of asbestos-containing materials during small-scale, short-duration renovation or maintenance tasks. These include the use of ginve bags, the removal of an entire asbestos-covered pipe 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. Glove bogs. 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 nile’s action level áfO.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. Glove bag installation. Glove 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 or replaced inside the bag. Glove bags can thus provide a flexible. easily installed, and quickly dismantled temporary small work area enclosure that i. Ideal for small-scala 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 ‘Msnisoa of b.d. n.m.s or c snai.reAsI pi’ ducts doss no cunMitase sndosssun,at ur rsooaimsndiliou for use. 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.. Amendad waI. z 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. Glove bog 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 4nd 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 reepirator 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 ------- 41896 FederalRegister/ Vol. 52. No. 210 / Friday , October 30. 1987 / Rules nd Regulations seams of the-bag or holes punched through the bag by a razor knife or a piece of wire mesh. 3. The removed asbestos matenal 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 sbestos-cont iriing material ctepcttdr 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 a 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 HEPA 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 A 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. Minienclosur-es. in some instances. such as 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 minienclosure 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 8-mu-thick polyethylene plastic sheeting and can be small enough to restrict entry tc ’ the ash rtus work arca to cane worker. For exdmple. a minienciosure 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 feel 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 minienclosure. and is necessary to allow the worker to vacuum off his protective coveralls and remove them before leaving the work area. While Inside minienciosure, the worker should wear Tyvek disposable coveralls and use the appropriate HEPA-flitered 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 easy to Install. The disadvantage of minienclosw’es 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 ubestos fibers to the area outside the enclosure. Removal of entire structures. When pipes are Insulated with asbestos- containing materials, removal of the entire pipe may be more protective, easier, and more cost-effective than stripping the asbestos insulation from the pipe. Before such a pipe Is cut, the asbestos-containing Insulation must be wrapped with 6-mil polyethylene plastic and securely sealed with duct tape or equivalent. This plastic covering wiU 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 rna ri 1 frnm an alea depends on the buik.ing owner’s pref r nc.e. i. ., for removal or containment. Owners consider such factors as cost 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.. tor 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 sthactures 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 S new location for logistic reasons, or if moving them will disturb the asbestos- containing materials, removal rather than enclosure of the asbestos- ------- Federal Register I VoL 52, No. 210 I Friday, October 30. 1987 / Rules and Regulations 41897 containing materials is the appropriate control method to use. Maintenance program. An asbestos maintenance program must be inLtiated in all facilities that have friable asbestos-containing materials. Such a program should include 1. Development of an inventory of all 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- duration maintenance anu renova i.)n 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 procedures. Such training should include at a minimum: 1. Information regarding types of ACM and its various uses and forms. 2. Information on the health effects associated with asbestos exposure. 3. DescriptIons of the proper methods of handling asbestos-containing materials. 4. Information on the use of HEPA- 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 maintenance activities that are prohibited 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 plants or pictures on structures covered with asbestos- containing materials. 3. Not to sand asbestos-containing floor tile. 4. Not to damage asbestos-containing materials while moving furniture or other objects. 5. Not to install curtains. drapes. or dividers In such a way that they damage aibestoscontairung materials. 6. Not to dust floors, ceilings, moldings or other surfaces in asbestos- contaminated environments with a dry brush or 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, ran p ’ it is defined as all activities f or receipt of the corithinerized 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 containerization of wastes is a violation of the NESHAPS regulation and should be reported to the appropriate EPA Regional Asbestos NESHAPs contact below: Region! Asbestos NESHAP Contact, Air Management Division, USEPA. Region I. JFK Federal Building, Boston, MA 02203, (617) 223—3266. Region II Asbestos NESHAPs Contact. Air & Waste Management Division. USEPA. Region I I. 26 Federal Plaza, New York, NY 10007, (212) 264-6770. Region i/I Asbestos NESHAPs Contact, Air Management Division. LJSEPA, Region III, 841 Chestnut Street, Philadelphia, PA 19107, (215) 597—9325. Region IV Asbestos NESHAPs Contact, Air, Pesticide & Toxic Management, USEPA, i(cgion l v. 4 Courtla id t.raet. NE.. Atlarta, 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 VI, 1445 Ross Avenue, Dallas. TX 75202, (214) 655—7229. Region VII Asbestos NESI-LAPs Contact, Air & Waste Management Division, USEPA. Region VU, 726 Minnesota Avenue, Kansas City, KS 66101, (913) 236—2896. Region VIII Asbestos NES1-IAPs Contact. Air & Waste Management Division. USEPA. Region VIII, 999 18th Street. Suite 500, Denver, CO 80202. (303) 293—1814. Region LX Asbestos NESHAPs Contact. Air Management Division, USEPA, Region IX. 215 Fremont Street. San Francisco, CA 94105. (415) 974—7633. Region X Asbestos NESHAPs Contact. Air & Toxics Management Division, USEPA. Region X. 1200 Sixth Avenue, Seattle, WA 98101, (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 t .ransporL 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 ------- 41898 Federal Register/Vol. 52. No. 210 / Friday, October 30, 1987 I 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 pre ’c nt fiber release tr’ air or water. L.andiulling is recommended as an environmentally round isolation method because asbestos fibers are virtually immobile in soil. 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 emissions 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 waite agencies may be obtained by calling the RCRA hotline: 1-800-424- 9346(382—3000 in Washington. DC). Some landfill owners or operators place special requirements on asbestos waste. such as placing all bagged waste into 55- gaUon 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 approor ate 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 Jepo.rition and covering. Recognizing th t health dongers 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 frenching 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 A 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-inch final cover. To control erosion of the firma! cover, it should be properly graded and vegetated. In areas of the United States where excessive soil erosion rosy 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 r ’ g ’ation. EPA does no req’iire that s la idfill us. d r 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 and 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 insta lled around the perimeter of the disposal site in a manner adequate to deter access by the general public. Chain-link fencIng. 6-ft high arid 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 Recordiceepthg. 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. (PR Doc. 87-24938 Filed 10-29-87: 8:45 amJ NWNQ 0001 UN IS-U ------- APPENDIX C ASBESTOS-CONTAINING MATERIALS IN SCHOOLS: MODEL ACCREDITATION PLAN c-i ------- C-2 ------- Federal Register I Vol. 52, No. 83 / Thursday . April 30. 1987 / Rules and Regulations 15873 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 763 [ OPTS—62048B; FRL-3190-2BJ Asbestos-Containing Material In Schoøls; Model Accreditation Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Model Accreditation Plan. SUMMARY: Section 206 of Title Ii of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2646. requires EPA to develop by April 20, 1987 a Model C’rntractor Accreditation Plan. To conduct asbestos-related work in schools, persons must receive accredjtatjon in order to inspect school buildings for asbestos, develop management plans, and design or conduct response actions. Such persons 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, which will be codified in the Code of FederaJ Regulations, establishes those areas of knowledge of asbestos inspection. management plan development and response action technology that persons seeking accreditation must demonstrate and States must include in their accreditation programs. EPA is not required to issue this Model Plan as a final regulation, since section 206 of TSCA only requires the Agency to “develop” the Model Plan “after consultation with affected organizations.” However, EPA has decided to make the Model Plan available in the Code of Federal Regulations as an appendix to regulations required under TSCA Title n. DA1I This Model Plan is effective June 1, 1987. FOR PURTHIR INFORMATION CONTAC ’r By mail: Edward A. Klein, Director, TSCA Assistance Office (TS—799), Office of Toxic Substances, Environmental Protection Agency, 401 M Street SW, Washington, DC 20480. Office location and telephone number. Rm. E—543. (202— 554—1404). $UPPLIMNTARY INFORMATION: Elsewhere in this issue of the Federal Register. EPA is proposing rules involving asbestos-containing materials in schools. The proposed rules were developed through the regulatory negotiation process described In the preamble to that proposal. The proposed rules require the use of accredited persons to perform certain tasks associated with asbestos-related work in schools. in addition to developing the proposed rules, the regulatory negotiation committee negotiated and reached agreements, in principle, on the requirements of this EPA Model Contractor Accreditation Plan required to be developed by April 20, 1987 under section 208 of Title II of TSCA. This Model Plan is issued in this Federal Register document and will be codified in the Code of Federal Regulations. Section 206 of TSCA Title II, requires local education agencies (LEAs) to use accredited persons to perform the following asbestos-related taskn: 1. inspecting for asbestos-containing materials (ACM) in school buildings under a local education agency’s authority. 2. Preparing management plans for such schools. 3. Designing or conducting response actions with respect to ACM in such schools. The Model Plan requires persons seeking accreditation to take an initial frninir g course, pass an examination, and participate In continuing education. LEA’. have the option of hiring accredited contractors to conduct asbestos work or having In-house personnel receive accreditation. Accredited personnel are not required to be used to conduct operations and maintenance activities. TSCA Title I I requires States to adopt a contractor accreditation plan at least as stringent as the EPA Model Plan. States must adopt such a plan within 180 days after the commencement of the first regular session of the State’s legislature which convenes following the date EPA issues the Model Plan. Persons can be accredited by a State with an accreditation program at least as stringent as the EPA Model Plan. Persons may also obtain accreditation by passing an EPA-approved training course and examination that, In EPA’s judgment, are consistent with the Model Plan. States may exercise their authority to have accreditation program requirements more stringent than the Model Plan. As a result, some EPA- approved training courses may not meet the requirements of a particular State’s accreditation program. Sponsors of training courses and persona who have received accreditation or are seeking accreditation should contact Individual States to check on accreditation requirements. The Model Contractor Accreditation Plan is divided into four units. The first unit discusses EPA’s Model Contractor Accreditation Plan for States. Unit I I specifies procedures a State must follow to receive EPA Model Plan approval for the State’s contractor accreditation program. Unit II I discusses EPA approval of training courses. The fourth unit addresses the treatment of persons who have had previous training and an examination. In Unit I, the Model Contractor Accreditation Plan for States specifies separate accreditation requirements for inspectors, management planners, and for those persons who design and carry out response actions. This latter group includes abatement proj?ct designers, asbestos abatement coniractora, supervisors, and workers. Persons in each of the above disciplines perform a different function. Inspectors identify and assess the ACM ’s condition. Management plannen use the data gathered by inspectors to assess the ACM. hazard, determine th appropriate response actions, and develop a schedule for implementing response actions. Abatement project designers determine how the asbestos abatement work should be conducted. Lastly, asbestos abatement contractors supervisors and worker. carry out the abatement work. The length of initial training courses for accreditation under the Model Plan varies by discipline. Inspectors must take a 3-day training course. Management planner. must take the inspection course plus an additional 2 days devoted to management planning Abatement project designers are required to have at least 3 days of training. Asbestos abatement contractors and supervisor. must take 4-day training cowse. Asbestos abatement workers are required to tak a 3-day training course. For asbestos abatement workers. while EPA Is requiring a 3-day trainin course, States may want to consider requirIng 4 days of training. States cou use the additional day to provide mon hands-on training or to elaborate on State regulations. States may also wis: to consider the relative merits of a worker apprenticeship program. In an: case, EPA recommends worker trainixi courses be small, with a student to teacher ratio of about 25 to 1. States may also consider requiring project monitors to be trained. Project monitors oversee the abatement work and are the on-site representative oft building owner. These persons should take the training course for asbestos abatement contractors and supervisoi The second unit of the Model Plan specifies procedures a State must foll ------- 15876 Federal Register / Vol. 52. No. 83 I Thursday, April 30. 1987 I Rules and Regulations to receive EPA Model Plan approval for the St3te’s contractor accreditation pro r m. States may seek approval for one or more of the disc:piines requiring accreditation under TSCA Title 11. For example, if a State currently only has an accreditation program for inspectors. EPA will grant a partial approval of the States contractor accreditation program provided that the State’s requirements for Inspectors are at least as stringent as those in the EPA Model. EPA encourages States to seek partial approvals. EPA will publish an initial list of those States that have programs at least as stringent as the EPA Model withiz 90 days after publication of this Federal Register Notice. The third unit of this Model Plan discusses EPA approval of courses. EPA will require sponsors seeking approval of training courses to submit training materials to EPA. The training course and examination must be consistent with the Model Plan’s requirement, in these areas, EPA will publish an initial list of those courses and examinations approved by EPA for purposes of TSCA Title II within 90 days after publication of this Federal Register Notice. The fourth unit of the Model Plan addresses the treatment of persona who have had previous training. Persona may be accredited if they have completed an EPA-approved asbestos training course in their discipline and have passed or pars an examination in their discipline. Such persona may be accredited, on an interim basis. if in EPA, judgment the course and examination are equivalent to the Model Plans requirement,. The interim accreditation will extend for no longer than 1 year after the date that the State in which the person is employed adupts an accreditation program at least as stringent as the EPA Model. If the State does not adopt an accreditation program within the 180 day time period after the State legislature reconvenes for its first regular session, the person with interim accreditation must complete training requirements at least as stringent as those described in the EPA Model within 1 year after the date that the State was required to have established a program. EPA will publish a list of those courses and examinations which qualify for equivalency treatment under the provisions for interim accreditation within 90 days after publication of this Federal Register Notice. EPA has consulted extensively with affected organizations on the Model Plan. The Agency has had extensive discussions on Model Plan issues with interested persons even before lit!. II was enacted. EPA also solicited comment on general issues affecting the Model Plan in the Advanced Notice of Proposed Rulemaking issued on December 31, 1986. in compliance with TSCA Title 11. Finally, since enactment of TSCA Title 11, EPA has solicited comment from over 75 organizations and has discussed the Model Plan in the negotiated rulemaking. The various data, views, and arguments submitted are part of the administrative record for this proceeding. I Administrative Record EPA has established an administrative record under control number [ OPTS -.62048B1. A public version of the record and an index of documents in the record are available to the public in the 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 Rm. NE—G004. 401 M St.. SW., Washington. DC. IL References (1) USEPA. “Asbestos In Buildings: Simplified Sampling Scheme for Friable Surfacing Materials.” EPA 560/5-85-OCOa. October 1985. (2) USEPA. Friable AsbesCont 1n4 ’g Material. In School.: Identification and Notification (40 CFR Part 763 Subpart FJ. (3) USEPA. National Emission Standards for Hazardous Air Pollutants: Amendments to Asbestos Standard Final Rule [ 40 R Part 611. - (4) USD01. OSHA. Occupations] Exposure to Asbestos. Final Rule (29 R 1926.58 1. (51 USEPA. Toxic Subatsncec Asbestos Abatement Pro jects Final Rule [ 40 R Part 763 Subpart G] (8) USD01. OSHA. Occupational Safety and Health Standards, Subpart I Personal Protective Equipment [ 29 CFR 1910.134). IlL Regulatory Assessment Requirements A. Executive Order 12291 Under Executive Order 12291. EPA prepared a Regulatory Impact Analysis. The analysis estimated that the first year cost of this Model Accreditation Plan would be about $7.7 million. EPA believes that these costs are reasonable. Under Executive Order 12291. EPA must judge whether a regulation is “major” and therefore requires a Regulatory Impact Analysis. EPA has determined that this Model Accreditation Plan, by itself, will not have an effect on the economy of $100 million or more and It will not have a significant effect on competition, costs, or prices. For more detailed information, see the proposed rules on Asbestos-Containing Materials found elsewhere in this issue of the Federal Register and the accompanying Regulatory impact Analysis. This Model Accreditation Plan was submitted to the Office of Management and Budget 10MB) for review as required by Executive Order 12291. B. Regulatory Flexibility Act EPA believes the economic impact of the Model Accreditation Plan on small businesses is negligible. Roughly 25 States already have accreditation programs of some type in effect. In addition. EPA-funded training centers currently train several thousand persons each year. C. Paperwork Reduction Act The information collection requirements contained in this Model Accreditation Plan have been submitted to the Office of Management and Budget (0MB) as part of the proposed regulations concerning asbestos- containing materials in schools under the provisions of the Paperwork Reduction Act. Comments on these requirements should be submitted to the Office of Information and Regulatory Affairs at 0MB and marked Attention: Desk Officer for EPA. Ust of Subjects In 40 CFR Part 763 Asbestos. Environmental protection. Hazardous substances, Occupational safety and health. Reporting and recordkeeping requirements, Schools. Dated: April 26. 1987. - La. M . Administrator. PART 763—(AMENDED] Therefore, 40 CFR Part 783 is amended u follows: 1. The authority citation for Part 763 ii revised to read as follows: AUtbodtyi 15 U.S.C. 2605 and 2907(c). Subpart S also issued under 15 U.S.C 2641. 2843. 2046. and 2847. 2. Subpart E is added consisting at this tints of Appendix C to read as follows: Subpart E—Asbesto.-Contalnlng Materials In Schools . . . S S Appendix C to Subpart B—EPA Modal Contractor Aca .dltation Plan 1. Model Contractor Accreditation P/an for States The Model Contractor Accreditation Plan for States has six components: (1) Initial training. (2) Examinations. (3) Refresher training course. (4) QualificatIons. (5) Decertlfication requirements, ------- Federal_Register I Vol. 52, No . 83 / Thursday. April 30, 1987 / Rules and Regulations 15877 (6) Rec proc ty. For purposes of TSCA Title II accreditation requirements, the duration of initial and refresher training courses is specified in number of days. A day of training equals 8 hour-s including breaks and lunch. In several instances, th tial training courses for a specific discipline (e.g., workers, inspectors) requue hands-on training. For asbestos abatement contractors, supervisors and workers. hands-on training should include working with asbestos-substitute materials, fitting and using respirators, use of glovebags, donning protective clothing, Constructing a decontamination unit as well as other abatement work activities. Hands-on training must permit contractors, supervisors, and workers to have actual experience performing tasks associated with asbestos abatement. For inspectors, hands-on training should include conducting a simulated building walk- through inspection and respirator fit testing. 1. Initial Training States have the option to provide Initial training directly or approve other entities to offer training. The following are the initial training course requirements for persons required to have accreditation under TSCA Title II. A. inspectors. A State shall require that all persons seeking accreditation as inspectors complete a 3-day training comse as outlined below. The 3-day program shall include lectures, demonstrations, 4-hours of hands-on training individual respirator fit testing. course review and a written examination. EPA recommends the use of audjovisuaj materials to complement lectures, where appropriate. The inspector training course shall adequately address the following topics: (a) BacAgrowid information on asbestos. Identification of asbestos, and examples and discussion of the uses and locations of asbestos In buildingi physical appearance of asbestos. (b) Potential health effect.s related to asbestos exposure. The nature of asbestos-related diseases: routes of exposure; dose-response relationship. and the lack of a safe exposure level; the synergistic effect between cigarette smoking and asbestos exposure: the latency period for asbestos-related diseases: a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, rnesothelioma, and cancer of other organs. (C) Functions/qualifications and role of inspectors. Discussions of prior experience and qualifications for Inspectors and management planners; discussions of the functions of an accredited inspector as compared to those of an accredited rnanagerrient planner discussion of Inspection process including inventory of ACM and physical assessment. Id) Legal liabilities and defenses. Responsibilities of the inspector and management planner a discussion of comprehensive general liability policies, claims-made and occurrence policies, environmental and pollution liability policy clauses; State liability insurance requirements; bonding and the relationship of insurance availability to bond availability. (e) Lnderstandinb building systems. The interrelationship between building systems, including: An overview of common building physical plan layout; heat, ventilation arid air conditioning IHVAC) system types, physical organization, and where asbestos is found on HVAC components; building mechanical systems, their types and organization, and where to look for asbestos on such systems; inspecting electrical systems, including appropriate safety precautions; reading blueprints and as-built drawings. (f) Public/empioyee/buildrng occupant relations. Notifying employee organizations about the inspection signs to warn building occupants: tact in dealing with occupants and the press; scheduling of inspections to minimise diaruption, and education of building occupants about actions being taken. (g) Pre-rnspection piarzrzthg and review of previous inspection records. Scheduling the inspection and obtaining access: building record review identification of probable homogeneous areas from blueprints or as-built drawings; consultation with maintenance or building personnel: review of previous Inspection, sampling and abatement records of a building; the role of the inspector In exclusions for previously performed Inspections. (h) inspecting for friable and non- friable asbestos-containing material (ACM) and assessing the condition of friable ACM Procedures to follow in conducting visual inspections for friable and non-friable ACM; types of building materials that may contain asbestos; touching materials to determine friabilizy open return air plenums and their importance in HVAC systems; assessing damage, significant damage. potential damage, and potential significant damage; amount of suspected ACM. both in total quantity and as a percentage of the total area: type of damage: accessibility; material’s potential for disturbance; known or suspected causes of damage or significant damage: and deterioration as assessment factors. (i) Bulk sampling/documentation of asbestos in schools. Detaiied discussion of the “Simplified Sampling Scheme for Friable Surfacing Materials (EPA 580/5— 85—030a October 1985):” techniques to ensure sampling in a randomly distributed manner for other than friable surfacing materials: sampling of non- friable materials; techniques for bulk sampling; sampling equipment the inspector should use: patching or repair of damage done in sampling: an inspector’s repair kit; discussion of polarized light microscopy; choosing an accredited l aboratory to analyze bulk samples: quality control and quality assurance procedures. (j) Inspector respimtoryprvtection and personaiprot.ective equipment Classes and characteristics of respirator types: limitations of respirators: proper selection. in pection, donning, use, maintenance, and storage procedures for respirators; methods for field testing of the facepiece-to-ynouth seal (positive and negative pressure fitting tests); qualitative and quantitative fit testing procedures: variability between field and laboratory protection factors; factors that alter respirator fit (e.g., facial hair): the components of a proper respiratory protection program: selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing. (k) Recordiceeping and writing the inspection report Labeling of samples and keying sample identification to sampling location; recommendations on sample labeling; detailing of ACM inventory; photographs of selected sampling areas and examples of ACM condition; information required for inclusion In the management plan by TSCA Title II section 203(i)(1). (I) Regulatory review. EPA Worker Protection Rule found at 40 CFR Part 783, Subpart C; TSCA Title 11; OSHA Asbestos Construction Standard 29 CFR 1928.58; OSHA respirator requirements found at 29 CFR 1910.134; the Friable ACM in Schools Rule found at 40 CFR Part 783, Subpart F; applicable State and local regulations, and differences in Federal/State requirements where they apply and the effects, If any, on public and non-public schools. (in) Field trip. To include a field exercise including a walk-through Inspection; on-site discussion on information gathering and determination of sampling locations; on-site practice in physical assessment; classroom discussion of field exercise. (n) Course review. A review of kr aspects of the training course. ------- 15878 FederalRegi .ster / Vol. 52, No. 83 / Thursday, April 30. 1987 I Rules and Regulations B. Management Planners, A State shall require that all persons seeking accreditation as management planners complete an inspection training course as outlined above and a 2-day management planning training course. The 2-day training program shall include lect’ ires, demonstrations, course review, and a written examination. EPA recommends the use of audiovisual materials to complement lectures, where appropriate. The management planner training course shall adequately address the following topics: (a) Course overview. The role of the management planner; operations and maintenance programs: setting work priorities; protection of building occupants. (b) Evaluation/interpretation of survey results. Review of TSCA Title 11 regwrements for inspection and management plans as given in section 203(i)(1) of TSCA Title II; summarized field data and laboratory results; comparison between field inspector’s data sheet with laboratory results and site survey. (c) Hazard assessment. Amplification of the difference between physical assessment and hazard assessment the role of the management planner in hazard assessment; explanation of significant damage. damage. potential damage, and potential significant damage: use of a description (or decision tree) code for assessment of ACM; assessment of friable ACM relationship of accessibility, vibration sources, use of adjoining space, and air pienums and other factors to hazard assessment. (d) Legal implications. Liability insurance issues specific to planners; liabilities associated with interim control measures, in-house maintenance, repair, and removali use of results from previously performed inspections. (e) Evaluation and selection of control options. Overview of encapsulation. enclosure, interim operations and maintenance, and removal; advantages and disadvantages of each method response actions described via a decision tree or other appropriate methoci work practices for each response action; staging and prlorifl’lrig of work in both vacant and occupied buildings; the need for containment barriers and decontamination In response actions. (I) Role of other professionals, Use of Industrial hygienists. engineer., and architects in developing technical specifications for response actions; any requirements that may exist for architect sign-off of plans: team approach to design of high-quality job specifications. (gJ Developing an operations a ,nd maintenance (O&M) plan. Purpose of the plan; discussion of applicable EPA guidance documents; what actions should be taken by custodial staff; proper cleaning procedures; steam cleaning and high efficiency particulate aerosol (1-IEPA) vacuuming; reducing disturbance of ACM; scheduling O&M for off-hours: rescheduling or canceling renovation in areas with ACM; boiler room maintenance: disposal of ACM: in- house procedures for ACM—bridging and penetrating encapsulants; pipe fittings: metal sleeves: polyvinyl t±loride (PVC), canvas, and wet wraps; muslin with straps: fiber mesk’ cloth; mineral wool, and insulating cement discussion of employee protection programs and staff training: case study in developing an O&M plan (development, implementation process, and problems that have been experienced). (h) Regulatory review. Focusing on the OSI-IA Asbestos Construction Standard found at 29 CFP. 1928.58; the National Emission Standard for Hazardous Air Pollutants (NESHAPS) found at 40 CFR Part 81. Subparts A (General Provisions) and M (National Emission Standard for Asbestos); EPA Worker Protection Rule found at 40 CFR Part 763. Subpart G: TSCA Title fl applicable State regulations. (i) Recordiceeping for the management planner. Use of field inspector’s data sheet along with laboratory results; on- going recordkeeping as a means to track asbestos disturbance; procedures for recordkeeping. U) Assembling and submitting the management plan. Plan requirements In TSCA Title TI section 203(i)(1); the management plan as a planning tool (k) Financing abatement actions. Economic analysis and cost estimates; development of coat estimates; present costs of abatement versus future operations and maintenance costs; Asbestos School Hazard Abatement Act grants and loans. [ 1) Course review. A review of key aspects of the training course. C. Abatement Project Designers. A State shall require that all persons seeking accreditation as abatement project designers complete either a 3’- day abatement project designer tr.ining course as outlined below or the 4-day asbestos abatement contractor and supervisor’s training course that is outlined in the next sub-unit The 3-day abatement project designer training program shall include Lectures, demonstrations, a field trip, course. review, and a written examination. EPA recommends the use of audiovisual materials to complement lectures, where appropriate. The 3-day abatement prolect designer training course shall adequately address the following topics: (a) Background information on asoescos. Identification of asbestos; examples and discussion of the uses and locations of asbestos in buildings; physical appearance of asbestos. (b) Potential health effects related to asbestos exposure. Nature of asbestos- related diseases: routes of exposure; dose-response relationships and the lack of a safe exposure level: the synergistic effect between cigaretu smoking and a. .Leszos exposure: the latency period of asbestos-related diseases: a discussion of the relationship between asbestos exposure and asbestosis. lung cancer, mesothelioma. and cancer of other organs. (c) Overview of abatement constivction projects. Abatement as a portion of a renovation project OSHA requirements for notification of other contractors on a multi-employer site (29 CFR 1928.58). (d) Safety system design specifications. Constniction and maintenance of containment barriers and decontamination enclosure systems; positioning of warning signs: electrical and ventilation system lock-out proper working techniques for minimizing fiber release; entry and exit procedures for the work area: use of wet methods; use of negative pressure exhaust ventilation equipment use of high efficiency particulate aerosol (1-IEPA) vacuums; proper clean-up and disposal of asbestos: work practices as they apply to encapsulation. enclosure, and repair use of glove bags and a demonstration of glove bag use. (e) Field trip. Visit an abatement site or other suitable building site, including on-site discussions of abatement design, building walk-through inspection, and discussion following the walk-through. (I) Employee personal protective equipment. To include the classes and characteristics of respirator types; limitations of respirators; proper selection. inspection. donning, use. maintenance, and storage procedures; methods for field testing of the facepiece-to-face seal (positive and negative pressure fitting tests): qualitative and quantitative fit testing procedures: variability between field and laboratory protection factors; factor. that alter respirator fit (e.g.. facial hair); components of a proper respiratory protection program: selection and use of personal protective clothing: use. storage. and handling of ------- Federal Register / Vol. 52,No . 83 / Thursday, April 30, 1987 / Rules and Regulations 15879 non-disposable clothing: and regulations covering personal protective equipment. (g) Additional safety hazards. Hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos. fire and explosion hazards. (h) Fiber aerodynamics and control. Aerodynamic characteristics of asbestos fibers; importance of proper containment barriers; settling time for asbestos fibers; wet methods in abatement aggressive air monitoring following abatement aggressive air movement and negative pressure exhaust ventilation as a clean-up method. (i) Designing abatement solutions. Discuss ions of removal, enclosure, and encapsulation methods; asbestos waste disposal. U) Budgeting/cost estimation. Development of cost estimates; present costs of abatement versus future operations and maintenance costs; setting priorities for abatement jobs to reduce cost. (k) Writing abatement specificotions. Means and methods specifications versus performance specifications; design of abatement in occupied buildings; modification of guide specifications to a particular building; worker and building occupant health! medical considerations; replacement of ACM with non-asbestos substitutes; clearance of work area after abatement air monitoring for clearance. (I) Preparing abatement drawings. Use of as-built drawings; use of inspection photographs and on-site reports; particular problems in abatement drawings. (m) Contract preparation and administration. (nj Legal/liabilities /defenses. Insurance considerations; bonding; hold harmless clauses: use of abatement contractor’s liability insurance; claims- made versus occurrence policies. (o) Replacement. Replacement of asbestos with asbestos-free substitutes. (p) Rule of other consultants. Development of technical specification sections by industrial hygienists or engineers; the multidisciplinary team approach to abatement design. (q) Occupied buildings. Special design procedures required in occupied buildings; education of occupants; extra monitoring recommendations; staging of work to minimize occupant exposure: scheduling of renovation to minimize exposure. (r) Relevant Federal State. and local regulatory requirements. Procedures and standards. including: (1) Requirements of TSCA Title fl. (2) 40 CFR Part 81, National Emission Standards for Hazardous Air Pollutants, Subparts A (Genera] Provisions) and M (National Emission Standard for Asbestos). (3) OSI-IA standards for permissible exposure to airborne concentrations of asbestos fibers and respiratory protection (29 CFR 1910.134). (4) EPA Worker Protection Rule, found at 40 CFR Part 763, Subpart C. (5) OSHA Asbestos Construction Standard found at 29 CFR 1926.58. (s) Course Review. A review of key aspects of the training course. D. Asbestos Abatement Contractors and Supervisors. A State shall require that all persons seeking accreditation as asbestos abatement contractors or supervisors complete a 4-day training course as outlined below. The training course shall include lectures. demonstrations, at least 6 hours of hands-on training, individual respirator fIt testing, course review, and a written examination. EPA recommends the use of audiovisual materials to complement lectures, where appropriate. The contractor may designate a supervisor to serve as his agent for the purposes of the accreditation requirement For purposes of TSCA Title fl accreditation, asbestos abatement supervisors include those persons who provide supervision and direction to workers engaged in asbestos removal, encapsulation, enclosure, and repair. Supervisors may include those Individuals with the position title of foreman, working foreman, or leadman pursuant to collective bargaining agreements. Under this Model Plan, at least one supervisor is required to be at the worksite at all times while work is in progress. Asbestos workers must have access to accredited supervisors throughout the duration of the project The contractor and supervisor’s training course shall adequately address the following topics: (a) The physical characteristics of asbestos, and asbestos-containing materials. Identification of asbestos, aerodynamic characteristics, typical uses, physical appearance, a review of hazard assessment considerations, and a summary of abatement control options. (b) Potential heoith effects related to asbestos exposure. The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure level; synergism between cigarette smoking and asbestos exposure; latency period for disease. (c) Employee persona/protective equipmenL Classes ‘and characteristics of respirator types; limitations of respirators and their proper selection, inspection. donning. use. maintenancc. and storage procedures: methods for field testing of the facepiece-to-face seal (positive and negative pressure fitting tests): qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors; factors that alter respirator fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing; and regulations covering personal protective equipment. (d) S.ate-of-rhe-arf work practices. Proper work practices for asbestos abatement activities including descriptions of proper construction and maintenance of barriers and decontamination enclosure systems: positioning of warning signs: electrical and ventilation system lockout; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure ventilation equipment; use of high efficiency particulate air (HEPA) vacuums; proper clean-up and disposal procedures. Work practices for removal, encapsulation, enclosure, and repair: emergency procedures for sudden releases; potential exposure situations: transport and disposal procedures, and recommended and prohibited work practices. Discussion of new abatement-related techniques and methodologies may be included. (e) Persona/hygiene. Entry and exit procedures for the work area; use of showers; and avoidance of eating. drinking, smoking, and chewing (gum or tobacco) in the work area. Potential exposures, such as family exposure, shall also be included. (f) Additional safety hazards. Hazards encountered during abatement activities and how to deal with them. including electrical hazards, heat stress, air contaminants other than asbestos, fire and explosion hazards, scaffold and ladder hazards, slips. thps and falls. and confined spaces. (g) Medico/monitoring. OSHA requirements for a pulmonary function test, chest X-rays and a medical history for each employee. (h) Air monitoring. Procedures to determine airborne concentrations of asbestos fibers, including a description of aggressive sampling, sampling equipment and methods, reasons for air monitoring, types of samples. and interpretation of results, specifically from analysis performed by polarized light. phue-contrast. and electron microscopy analyses. ------- is o Federal Register / Vol. 52. No. 83 / Thursday, April 30, 1987 / Rules and Regulations (i) Relevant Federal. State, and local regulatory requirements. Procedures and standards. including (A) Requirements of TSCA Title IL (B) 40 CFR Part 61. National Emission Standards for Hazardous Air Pollutants. Subparts A (General Provisions) and M (National Emission Standard for Asbestos). iC) OSHA standards for permissible exposure to airborne concentrations of asbestos fibers and respiratory protection (29 CFR 1910.134). (D) OSHA Asbestos Construction Standard (29 CFR 1926.58). (C) EPA ,or¼er F rotertion Rule, 40 CFR Part 7S3, Su pc t C. (j) Respiratory protection programs and medical surveillance programs. (k) Insurance and liability issues. Contractor issues; workers compensation coverage and exclusions; third-party liabilities and defenses: insurance coverage and exclusions. (I) Recordlceepzng for asbestos abatement projects. Records required by Federal. State. and local regulations: records recommended for legal and insurance purposes. (ci) Supervisor,’ techniques for asbestos abatement activities. Supervisory practices to enforce and reinforce the required work practices and discourage unsafe work practices. (n) Contract speczficatiozu. Discussion of key elements that are included in contract specifications. (o) Course review. A review of key aspects of the trsintng course. E. Asbestos Abatement Workers. Each State shall requir. that all persons seeking accreditation as asbestos abatement workers complete at least a 3-day training course u outlined below. The worker training course shall inrludp lectures, demonstrations, at least 6 hours of hands-on training. Individual respirator fit testing, course review, and an examination. EPA recommends the use of audiovisual materials to complement lectures, where appropriate. The training course shall adequately address the following topics: (a) Physical char’acteristkisof asbestos. Identification of asbestos, aerodynamic characteristics, typical uses. and physical appearance, and a summary of abatement control options. (b) Potential health effect, related to asbestos exposure. The nature of asbestos-related diseases. routes of exposure, dose-response relationships and the lack of a safe exposure LeveL synergism between cigarette snok*ng and asbestos exposure, and latency period for disease. (c) Employee personal protective equipment. Classes and characteristics of respirator types; limitations of respirators and their proper selection. inspection, donning, use, maintenance. and storage procedures; methods for fieid testing oi the facepiece-to-face seal (positive and negative pressure fitting tests); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors; factors that alter respirator fit (e.g.. facial hair); the components of a proper respiratory protection program: selection and use of personal protective clothing use. storage. and handling of non-disposal clothing: and regulations covering personal protective equipment. hi S:ote-of-th&-crt work practices. Prore’ asbastos abatemen activities including descriptions of proper construction and maintenance of barriers and decontamination enclosure systems; positioning of warning signs: electrical and ventilation system lock- out: proper working techniques for minimizing fiber release; use of wet methods: use of negative pressure ventilation eouipment; use of high efficiency particulate air (HEPA) vacuums: proper clean-up and disposal procedures; work practices for-removal. encapsulation, enclosure, and repau emergency procedures for sudden releases: potential exposure situations; transport and disposal procedures: and recommended and prohibited work practices. (e) Perronal hygiene. Entry and exit procedures for the work area: use of showers; avoidance of eating, drinking. smoking. and chewing (gum or tobacco) In the work area: and potential exposures. such as family exposure. - (fl Additional safety hazards. Hazards encountered during abatement activities and how to deal with them. including electrical hazards, heat stress. air contaminants other than asbestos, fire and explosion hazards, scaffold and ladder hazards. s 11 ps. trips and falls, and confined spaces. (g) Medical monitoring. OSHA - requirements for a pulmonary function test, chest X-rays and a medical history for each employee. (h) Air monitoring. Procedures to determine airborne concentrations of asbestos fibers, focusing on how personal air sampling is performed and the reasons for it. (i Relevant Federal. State and local regulatory requirements. procedure.s. and standards. With particular attention directed at relevant EPA. OSHA. and State regulations concerning asbestos abatement workers. (j) Establishment of respiratory protection programs. (k) Course review. A review of key aspects of the training course. 2. Examinations Each State shail administer a closed book examination or designate other entities such as State-approved training courses to administer the closed book examination to persons seeking - accreditation who have completed an initial training course. Demonstration testing may also be included as part of the examination. A person seeking accreditation in a specific discipline shall pass the examination for that discipline to receive accreditation. For example. a person seeking accreditation as an inspector must pass ;he States inspector ccredita ion xa,n :riation. Stales may develop their own examinations, have training courses develop examinations or use standardized examinations developed for purposes of TSCA Title ii accreditation. The National Asbestos Council (NAC) is working with the Georgia Institute of Technology to develop standardized examinations for all disciplines. States may supplement standardized examinations with - questions on State regulations. To receive more information on this topic, interested States should contact NAC at the following address: National Asbestos Council. Training Department. 2’88 North Decatur Rd.. Suite 280, Decatur, Georgia 30033. Each examination shall adequately cover the topics included in the training course for that discipline. Persons who pass the State examination. and fulfill whatever other requirements the State imposes. must receive some form of identification indicating that they are accredited in a specific discipline. For example. a State may wish to provide each accredited person with a photoidentification card. Where necessary, States should consider developing examinations in languages other than English. The following are the requirements for examinations in each area: 1. Inspectors: i. 50 multiple choice questions. ii. Passing score: 70 percent. 2. Management Planners: I. 50 multiple choice questions. ii. Passing score: 70 percent. 3. Abatement Protect Designers: 1.100 multiple choice questions. I L Passing score: 70 percent. 4. Asbestos abatement contractors and supervisors: 1. 100 multiple choice questions. ii. Passing score: 70 percent. 5. Asbestos Abatement Workers. i. 50 multiple choice questions. ii. Passing score: 70 percent ------- Federal Register / Vol. 52, No. 83 / Thursday, April 30,1987 / Rules and Regulations 15881 3. Refresher Training Courses For all disciplines except inspectors, a States accreditation program shall include a 1-day annual refresher training course for reaccreditatiori. Refresher courses for inspectors shall be a half- day in length. Management planners shall attend the inspector refresher course, plus an additional half-day on management planning. The refresher course shall be specific to each discipline. For each discipline. the refresher course shall review and discuss changes in Federal and State regulations, developments in state-of- ‘he-art procedurc :nd a review of key aspects of the initial training course as determined by the State. After completing the annual refresher course, persons shall have their accreditation extended an additional year. A State may consider requiring persons to pass reaccredjtation examinations at specific intervals (every 3 years. for example). 4. Qualifications in addition to training and an examination, a State may require whatever qualifications and experience that the State consider, appropriate for some or all disciplines. States may want to consider requiring qualifications similar to the examples outlined below for inspectors, management planners and abatement project designer,. States should modify these as appropriate. In addition, States may want to include some requirements based on experience in conducting a task directly or in an apprenticeship role: Inspectors Qualifications—Possess a high school diploma. States may want to require an Associate’s Degree in particular fields (e.g., environmental or physical sciences). Management Planners Qualifications—Registered architect, engineer, or certified industhal hygienist or related scientific field. Abatement Project Designer Qualifications—Registered architect. engineer, or a certified industrial hygienist. 5. Decertification Requirements A State must Include conditions and procedures for decertifying accredited inspectors, management planners, abatement project designers. asbestos abatement contractor,, supervisors and worker ,. 6. Reciprocity EPA recommends that each State establish reciprocal arrangements with other States that have established accreditation programs that meet or exceed the EPA Model Plan. II. EPA Approval Process for State Contractor Accreditation Programs States seeking EPA approval of their State Contractor Accreditation Programs required under TSCA shall follow the procedures outlined below, States may seek approval for some or all disciplines as specified in the Model Plan. For example, a State that currently only requires worker accreditation can receive EPA approval for that discipline alone. EPA encourages States that currently do not have accreditation requirements for ali the disciplines required under TSCA to seek EPA approval for those disciplines the State does accredit As States establish accreditation requirements for the remaining disciplines, the requested Information outlined below should be submitted to EPA as soon as possible. States seeking EPA approval shall submit the following information to the Regional Asbestos Coordinator at their EPA Regional Office: (I) A copy of the legislation establishing the State’s accreditation program (if applicable). (2) A copy of the State’s accreditation regulations. (3) A letter to the Regional Asbestos Coordinator that clearly indicates how the State meets the program requirements of the Model Contractor Accreditation Plan for States. Addresses of Regional Asbestos Coordinators are shown below: Asbestos Coordinator. EPA, Region I . Air & Management Div. (APT—231), JFK Federal Bldg., Boston, MA 02203, (817) 565—3273 Asbestos Coordinator, EPA. Region IL Woodbridge Ave., Raritan Depot, Bldg. 10. Edison. NJ 08837, (201) 321- 8668, (Fl ’S) 340-6671 Asbestos Coordinator, EPA, Region UI (3HW-40), 641 Chestnut Bldg., Philadelphia, PA 19107, (215) 597-6859, (P’rS) 597—6859 Asbestos Coordinator, EPA, Region IV, 345 Courtland St. NL Atlanta, GA 30365, (404) 347—3864, (Fl’S) 257—3864 Asbestos Coordinator, EPA., Region V. 538 S. Clark Street. Chicago. U. 80604, (312) 886-6879, (FTS) 886—6876 Asbestos Coordinator, 6$—Pt, EPA, Region VI, 1445 Ross Avenue, Dallas, TX 75202—2733, (214) 655—7244, (Fl’S) 255—7235 Asbestos Coordinator, EPA, Region VU, 726 Minnesota Aye,, Kansas City, KS 66101. (913) 236—2834, (Fl’S) 757—2834 Asbestos Coordinator, (8AT—TS), EPA, Region VIII, I Denver Place, 990—lath Street, Suite 130ó, Denver, CO 80202— 2413, (303) 564—1730, (FTS) 564—1742 Asbestos Coordinator, (T—52), EPA, Region LX, 215 Frernont Street. San Francisco, CA 94105, (415) 974—7290, (F l ’S) 454—7290 Asbestos Coordinators. EPA, Region X, 1200 Sixth Avenue, Seattle, WA— 98101, (206) 442—2870, (F’rS) 399—2870 EPA will publish a list of those States that have accreditation requirements that are at least as stringent as the EPA Model for one or more disciplines. Any training courses approved by such States are EPA-approved for purposes ol accreditation. U I. EPA Approval of Training Courses Individuals or groups wishing to sponsor training courses for disciplines required to be accredited under TSCA Title U may apply for EPA approval. For a course to receive approval, it must meet the requirements for the course as outhned in the Model Plan for States. EPA will not review courses that are already approved in a State that has a Contractor Accreditation Program that meets the EPA Model. These courses already ire approved under TSCA Title 1] in the State where they are approved and in all States without an accreditation program that meets the EPA Model. Applicants shall send the Information requested below to the Regional Asbestos Coordinator at the EPA Regional Office (see addresses in Section II ) located in the Region where the training course maintains its principal business office. The following information is required: (1) The course sponsor’s name, address and phone number. (2) A list of any States that currently approve the training course. (3) The course curriculum. (4) A letter from the training course sponsor that clearly indicate, how the course meets the Model Plan requirements ion (a) Length of training in days. (b) Amount and type of hands-on training. (c) Examinations (length, format, asic passing score). (d) Topics covered in the course. (5) A copy of all course materials (student manuals, instructor notebooks handouts, etc.) (6) A detailed statement about the development of the examination used i the course. (7) Names and qualifications of cour instructors. Instructors must have academic credentials and/or field experience In asbestos abatement. (8) Description and an example of numbered certificates issued to studen ------- 15882 Federal Register / Vol. 52. No. 83 f Thursday , April 30, 1987 / Rules and Regulations who attend the course and pass the examination, For refresher courses in any of the disciplines. inforrriatiori required is as follows: (1) Length of training. (2) Topics covered in the course. (31 A copy of all courae inatenais. t4( Names and qualifications of course instructors. (51 Description and an example of certificates issued to students who cc’mpiete the refresher course. As noted above, the training course dminisu-ntor must issre 1 ,uznbere± certiFicatei to st’ iderits who success ully pass the training courses examination. The numbered certificate would indicate the name of the student and the course compieted. the dates of the course and the examination, and a statement indicating that the student passed the examination. The certificate also would include an expiration date for accreditation that is 1 year after the date on which the student completed the course and examination. Training course administrators who offer refresher training courses must also provide certificates with all of the above ml orrna ion (except testing infortnation . Accredited persons must have their initial arid current accreditation certificates at the location where they are conducting work. Failure to have accreditation certificates at the job site could result in decertification. EPA may revoke or suspend EPA approval if field site inspactions indicate a training course is not conducting training that meets the requirements of the Model Plan. Training course sponsors shall permit EPA representatives to attend, evaluate, and monitor any training Course without charge to EPA. EPA inspection staff may not give advance notict of itidir in ections. EPA will publish a list of those training courses that are consistent with the Model Plan and are approved for purposes of TSCA Title II. IV. Provisions for lnlerün Accreditation TSCA Title U 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 examination. Only those persons who have taken traming courses since January 1. 1985 will be considered under these Interim accreditation provlsion& EPA will determine whether the course and examination are equivalent to the training and exanunation requirements of the Model Plan. This accreditation is interim since the person shall be considered accredited for oniy 1 year after the date on which the State where the person is empioyed establishes an accreditation program at least as strjngent as the EPA Model. For purposes of the Model Plan, an equivalent training course is one that IS essentially similar in length and content to the ciir cujum found in the Model P!an. In add,itioc. an equivalent examination must be essentially similar to the quirernents uf the Mooi l Plan Persoos who nave taken equivalent courses in their discipline, and can produce evidence that they have successfully completed the course by passing the exazniriatjon, are accredited on an interim basis under TSCA Title LI. They can conduct work under TSCA Title U in their discipline for 1 year after their State establishes an accreditation program in their discipline that is at least as stringent as the EPA ModeL EPA will publish a list of training courses that are equivalent to the training requirements for each disCiPlU in the Model Plan. (FR Dec. ‘—9617 Filed 4-29 -87: &45 ens) •u.LR* cOOa uI - ------- APPENDIX D COMPLIANCE INSPECTION OUTLINE FOR ASBESTOS HAZARD EMERGENCY RESPONSE ACT (AHERA) D-1 ------- D-2 ------- 10/88 LIAN E INS’ECTION TLINE FOR A ESIOS HAZA E B’ C RES’ON& ACr (AHERA) The outline on the following pages is intended as a guide for inspectors to verify compliance with provisions of the Asbestos Hazard iergency sponse Act (ANERA) of 1986 and its 1988 Amendments. The outline is in the following sections: I II III V VI VII VIII Transportation/Disposal Operations and Maintenance Training Periodic &arveiflance The AHERA Inspector is responsible for taking and u intaining a thorough written record of an inspection. fer to the TS2A Inspection Manual , thapter 3, “Documentary S.Ipportw for guidance. This outline is in a checklist for t which allows for notetaking directly on the form: however, the preferred form for T A field notes is a bound notebook. fer to the TSCA Inspection Manual , thapter 3, for overall guidance fcr conducting an inspection. Pre—Inspection Inspection fl- try Activity Deferral Management Plan clusions Inspection and inspection I sponse Actions Other Activities: ------- I. PRE—INSECTIo e TSCA Inspection Manual Chapter 3, Part I A. Local Education Agency Inforn tion 1. Aidress of LEA: _________________________________ 2. hoo1s within LEA. List attached. £7 3. N rber of students _____________________________ 4. rate of inspection ____________________________ 5. Name of A Inspector _______________________ B. Basis for Targeting LEA I • NESIAP Notice of abatement 2. Tips/Complaints of abatement activities (note any nu iter assigned) /_/ * 3. ttlement with Conditions Follow—up /7 4. AHERA Neutral heme LI 5. A9 AA (corrbined) LI 6. % rker Protection (corrbined) U 7. “Other Person” compliance follow—up. 7 I—i 13/28 ------- PRE-INS ECTION Cont’d. C. search Abatement Activity . NE -!PP Notice of F novation — Ty /ariount f r teria1 to be abated L/ Attach 2. Tips/Complaints port /J Attach 3. Settlement Conditions — ‘pe of abatement and completion date Attach Settlement Agreement 4. Previous Inspections/Violations A—I—S 7 r ate_________________ su its______________________________________________ AS AA L7 tate ____________ sults ________________________________________ NES AP U te _____________ 1 sults ______________________________________________ “Other Person” £7 te _______________ Contractor _____________________________________________ 1 su1ts ________________________________________________ D. ll LEA one or more days before inspection to notify officials that records should be available. If possible, schedule during abatement activities. Coordinate with NE9IAP. £7 1—2 10/19 ------- II. INS’ECTI3 TR ACTIVITi’ e TS2A Inspection Manual Oipt. 3, Parts 2 and 3 A. Opening Cbnference 1. Present EPA Credentials to LEW hool Official LI 2. Evplain purpose an ccope of inspection a 3. Present “Notice of Inspection” for LEA/ hoo1 signature Q Attach 4. cord names, titles, phone nun bers of LEA/ hool presentatives met with 5. Name, title and phone nuther of LEA person designated ir der S763.84(g) of N ERA B. Management Plan submitted by C tober 12, 1988? Yes _____ Go on to ction IV “Management Plan” No ____ If no: Deferral quest submitted? Yes _____ ntinue with ction III “Deferral” No _____ Jècord coments. Go to Section III Parts E to end. II — 1 10/28 ------- III. DEFERRA. F f. AHERA ction Z)5 M endmerits Deferral for ________________________________________ A. F view letce rec uestinq deferral date ________________ proof of meiuing ________ name, title, phone no. of official signing request reason/rationale stated _________________________ assurances given? Yes _____ No schedule included? Yes ____ response from state: date _________________ approval? Yes no response from state as of _______________________ (date) B. Notice to parents, teachers and employee organizations? Yes _____ Date ___________________ No _____ C. If public school : Notice of public meeting? Yes ____ Date _______________ No __ cord of public meeting? Yes ____ Date __________________ No __ Notes on record of public meeting __________________________________ D. Has Management Plan been submitted? Yes ____ Date _____________ ntlnue with action IV “Manaoement Plan” No ____ ntinue with next question. III — 1 10/28 ------- DEEEPFA cont’d. E. Was any work performed prior to submitting a Management Plan? (During Deferral period) Yes If yes, under zhat circurrtctances was work performec ? _____ Diiergency ______ AS-iAA _____ Other Describe circur tances and work performed. __________________________ Start/Completion dates ___________________ ___________________ F. Any work performed, other than for an emergency or A AA, must comply with the following: Was an inspection performed in accordance with regulations? LI viewed Section VI “Inspection” ments: _____________ Were the following parts of response action regulations followed? LI viewed Section VII ‘9èsponse tions” for: _____ designed/conducted by accredited persons ___________ _____ visual clearance ___________________________ _____ air sampling __________________________ _____ sample analysis _________________________ air clearance __________________________ LI Worker protection practices followed? ments: ____________ If there was reiroval of asbestos, were requirements followed? LI I viewed Transportation/Disposal in Section VIII. rTents: G. Was_ eratjons and Maintenance implemented? Yes ____ No ____ LI I viewed 0 & M in Section VIII for compliance. ments: . Were employees trained? Yes ____ No ____ Li 1 viewed Training in Section VIII for compliance. TT)efltS: III — 2 lO/2 ------- IV. AA E T PIJ Ref. 40 cFR §763.93 Management Plan for _____________________________________________________ A. Review letter tran itting Management Plan to state. date ___________________________________ proof of nailing _________________________ B. c ly for visits to LEA: Review list of schools. Any discrepancies or questions? (note date of cor encement of use as a school) C. Management Plan developed by: Name ___________ State/Accreditation number _____________________________ (Note course provider for later follow—up/verification.) D. Response from State. I te _______________________ Contr ents No response from State as of (date) ___________________________ E. Check for contents of Management Plan £7 list of schools with identification of asbestos 17 if applicable: inspection report for inspection prior to 12—14—87 date of inspection __________ ____ blueprint/diagram of school noting horrogeneous areas, size and san ling locations ____ lab report of sairple analyses date ___________ ____ reports of response actions/preventive measures, including contractor info, dates of work and air clearance results ____ report of assessment; info on person doing assessment IV — 1 10/19 ------- MnT. PLA : co- t’d. L_/ inspection or reinspection report (Detailed review in Section VI) // record of designated person and training /7 recomendations for preventive measure/response actions ‘signed w/ac:redi .ati n informaticn) /7 description, methods, locations, rationale and schedule for preventive measurc-s/response actions /7 statement re: accreditation of inspector /7 statement re: accreditation of design/conduct of response action L:7 description (blueprint/diagram) of A BM remaining in school building /7 plans for: reinspection ______ operations/maintenance ______ periodic surveillance __________ additional cleaning ___________ L/ record of steps taken to inform workers and building occupants Li resource evaluation /J statement of accreditation for contributors to the Management Plan £7 record of notification to parent, teacher and ençloyee organizations of availability of Management Plan /7 recordkeeping section IV — 2 10/19 ------- M T. PLAN cont’d. // signed statement of cor liance /1 if applicable: copies of deferral docurtents LI if applic b’.e: copies of exclusion docirnents /7 reports of periodic surveillance 1/ appropriate updates iv — 3 10/19 ------- V. D CLrJSI3NS r f. 43 CEP §763.99 Exclusion(s) claimed for sampling area(s) as follows (ref. S763.99): A. For friable A M identified before 12/14/87 Location _______________________ Per accredited inspector (name) State and accreditation nunber view statement. mments: B. C. Has material been assessed? Yes No Note cumentation of assessment record. Fbr nonfriable A M identified before 12/14/87 Location Per accredited inspector (name) State and accreditation nuxTber F€view statement. ments: Has material become friable? Yes No - Note documentation for friability. Has material been assessed? Yes No Note documentation of assessment record. LI No A M present determined prior to 12/14/87 Location Per accredited inspector (name) St.ate and accreditation n iber F view statement. ments: Was air sampling done? Yes No F view record of sarrpling and analysis. mtrentS mpling done in compliance with regs? Yes ____ No ____ Notice received by regional office of A? Yes ____ No ____ v —I 10/19 ------- D I E cont’d. D. L/ No ACW’l present, as determined by state lead agency, under waiver Loca t ion _____________________________ view statement. Eate. _____________________ brnments: _________________________ Copy of s .ater ent in nagemert P .an? Yes E. J Suspected A .M is assumed A , determined before 12/14/87 Location ______________________ Per accredited inspector (name) ________________________________________ State and accreditation nurrber _____________________________________ I view statement. nm ents: _________________________________________ Has material become friable? Yes ____ No Note documentation for friability. ___________________________________ Has material been assessed? Yes ____ NO Note documentation of assessment record. _______________________________ F. %J Asbestos rerToved before 12/14/87; no asbestos present Location Per accredited inspector (name) _____________________________________ State and accreditation nunber ______________________________________ Per contractor (name) ______________________________________________ State and accreditation nunter ______________________________________ view statements. view air clearance record rrr ents: Notice received in regional office? Yes ____ No py of statements in Management Plan? Yes C. 7 Certification of no A M specified for building built after 10/12/88 Location Statement by: ____ architect _____ project engineer ____ inspector name: _____ address: _____ creditation (if applicable): Notice received in regional office? Yes ____ No ____ py of statement in Management Plan? Yes No ____ V—2 10/19 ------- D(CLOSI S cont’d. H. U nducted visual inspection of areas excluded. ments: V—3 10/28 ------- VI. IN EcrIoN/REIN EcTI3N ref. 4D CFP §763.85, §763.86, §763.87 Shool — A. Inspection _____ inspection _____ te of last inspection ____ -e f xn pection/r3inspection __________________ —. Inspector’s name creditatjon state/number ___________________________________ (Note course provider for later follow—up/verification.) port signed? Yes _____ No ____ B. Jèview report of inspection for: J blueprint/diagram of building showing location of horrogeneous areas 7 type of materials identified: ____ surfacing ______ ______ miscellaneous size of horTogeneous area Q location ard ntmber of samples taken LI dates of samples i:7 inventory of areas assumed to be AC M j7 description of sampling methods name of sample collector ______________________________ signature? Yes ____ No _____ 7 accreditation state and nunber of sample collector C. Date record of inspection received by LEA __________________ VI—1 l /28 ------- INSP’RI SP TI() cant ‘d. D. Assessment: Rationale Assessor’s name ________________________________________________ Sig-iatu:e? Ye — Accreditation state/rn.rnber __________________________________ Date assessment received by LEA ___________________ E. SaTTpling: Name of lab Address of lab _______________________________________________________ Accreditation for PLZ’1 analysis NBS II Interim Li Name of analyst _____________________________________ Signature? Yes ____ No ____ Date lab report received by LEA ______________________ Review lab report. Followed procedures in accordance with Appendix A? Yes ____ No ____ Results of analysis ________________________________________________ F. Reinspection only: Check for changes in condition? Yes ____ No ____ Reasses nent done? Yes ____ No ____ G. How did LEA ensure accreditation of: Inspector? _______________________________ Laboratory?_______________________________ Assessor? _______________________________ Sarr le collector? __________________________________________________ VI—2 10/19 ------- VII. RP Sr ATIO S Ref. 40 CFR §763.90 A. Conc uct of Response Actions 1. School name ana address 2. Location of ACBM in school 3. Type or A 3 : surface/ thermal/ miscellaneous 4. Size (linear/square feet) of project ________________________ B. *‘ yp of action Response action or preventive measure // Operations,’ 4aintenance for disturbed friable ACBM II Response action for ACBM disturbed by O&M 1/ Minor fiber release LI — Major fiber release •For fiber release episodes: date and description of episode C. Location of action *Method: re oval/ encapsulation! enclosure! repair * scrjptjofl of measure/action taken and reasons for action taken *Start/Coy?pl j dates of work ______________________________ How was the project area contained? _____-— LI Check here if during deferral period. * equjred recordkeeping VII — 1 10/19 ------- REPONS ACTIONS cont’d. D. * view/re rd accreditation: (Mote: “ creditation” n y be referred to as certification” or “license” by states.) Name/ dress Sate/kr redjtz tjon ! . I te of k’cred De Si ne r Contra c tor/ &ipervi sor Workers (Course providers and address for later follow—up/verification. At least 10% of accreditations should be verified by phone or letter.) lèview sign—in sheets to verify list and nuither of workers. Coments: 1 view sign—in sheets to verify presence of supervisor. Conrents: E. Name and title of person conducting visual inspection Date of inspection ____________________________________ (Fbr verification later, record source for this information.) * quired recordkeeping. VII — 2 10/19 ------- RES :sr ACTI S Cont’ . F. Air sampling following corrpletion of a response action. *Nayne or sai ler. ___________________________________________________ Signature? Yes ____ No ____ Qualifications Independent of Contractor? Yes ____ No ____ *Locatjon, description and date of sarrples taken /7 >3000 sq.ft./l000 LN ft. /1 <3000 sq. ft./l000 LN ft. and >small scale/short duration Sarrpling done in accordance with Appendix A? Yes ____ No ____ Rhat kind of air clearance was done? G. *Name and address of Laboratory _______________________________________ *Date of lab analysis _____________________________________ *Naj of lab analyst — Signature? Yes — No _____ *Meth and results of analysis ________________________________________ H. *5tate nt of colTpliance with S763.90(j) (2) (ii). (For verification later, record/copy source for the following information. At least 10% of lab information should be verified by phone or letter.) Lab using proper protocol according to Appendix A TEM — National Bureau of Standards Accreditation PQWI — Lab enrolled in American Industrial Hygiene Assoc. Proficiency Analytical Testing Progran for I 1 I. Review air data and clearance results Average asbestos concentration: _______________________________________ * Required recordkeeping VII — 3 10/17 ------- VIII. OIEER ACTIVITIES A. Transportation & Disposal 43 CF? S763.83(b) B. Operations & Maintenance 40 CFR S763.91 C. Training 43 CFR 5763.92(a) D. Peri iic &irveillance 40 CFR 5763.92(b) P. If A 1 is ren ved, were Appendix D procedures followed to transporc and dispose of asbestos waste? ( f. 43 CFR §763. 3(b)) *M me of storage/disposal site _________________________________________ * tion of storage/disposal site ____________________________________ B. Is Operations and Maintenance Plan iriplemented? Yes _____ No _______ ( f. 40 CFR S763.91(c)(1)) *If there was a response action, was initial cleaning followed prior to response action? Yes ____ No _____ 1. HEPA vacuum or steam clean all carpets ________________________ 2. HEPA vacuum or wet clean all other floors and horizontal surfaces 3. Dispose of all debris, as described, in leak—tight containers (Ft,r verification later, record source of above inforlMtion) C. ditional cleaning recommended? Yes No ( èf. 40 CFR 5763.91(c)(2)) Recommendations followed/discussed? ________________________________ * Required recordkeeping v i i i — 1 10/28 ------- OThER ACTIVITIES cont’d. D. *If ACBM is disturbed during operations and rn intenance, procedures must be followed ( f. 43 CFR 763.91): (For verification later, record source and/or method of demonstration for foll in .) 1. 1 strict entry Li 2. Post signs z:7 3. Modify air handling system j7 — 4. Fbllow safe work practices Li _____________________ 5. CLean immediate work area a _____________________ 6. Place asbestos debris and other meterials in sealed, leak—tight container 7 7. lèsponse action designed/conducted by accredited persons (refer to action VII “Fesponse tions”) Photos E. Fiber release episodes (. f 43 CFR S763.9](f)) (For verification later, record source and/or method of demonstration for foll .iing.) Amount of friable ACBM involved ______________________________________ *a Minor fiber release episode (3 sq./3 LInear ft. or less) 1. turate debris using wet methods 2. Clean area as required 3. Asbestos debris in sealed, leak-tight container 4. pair £7 al/encapsulate a sponse action £7 (refer to requirements S763.90) Photos ___________ *p qujred recordkeeping VIII — 2 10/28 ------- OThE? ACTIVITIES cont’d. *L Major fiber release episode (>3 sq. or Linear ft.) 1. Post signs to restrict entry 2. £ bdify air handling system 3. sponse action (refer to requirements S763.90) F. If A M is present and custodial and maintenance personnel may dist b it, required training: 2 hours (5763.92(a)(])) plus 14 hours. ( FCf. 4D CFR S763.92(a)(2)) *Name/jci) title of each tate Training Hours of custodial/maintenance person mpleted Training ( urse provider arx address for later follow—up/verification) C. ‘Periodic Sirveillance (f f. 40 CFR 5763.92(b)) Person conducting surveillance ______________________________ LI LEA employee LI ntractor outside LEA J view surveillance report for: ________________ date of surveillance _____ visual inspection record _____ notes on condition of materials * quired recordkeeping VIII — 3 10/19 ------- APPENDIX E 100 COMMONLY ASKED QUESTIONS ABOUT THE NEW AHERA ASBESTOS-IN-SCHOOL RULE E-1 ------- E-2 ------- 100 COMMONLY ASKED QUESTIONS ABOUT THE NEW AHERA ASBESTOS—IN—SCHOOLS RULE I ntrodu ct inn This is a collection of questions commonly asked about the new Asbestos—Containing Materials in Schools rule, promulgated by the U.S. Environmental Protection Agency in October 1987 under the Asbestos Hazard Emerqenc, Response Act (AHERA) of 1986. Many Questions are answered directly and completely, as they are clearly addressed by provisions of the rule. Other questi ns, however, must he answered more generally, for the AgeTcy’s respon5e tc the question may chanqe depending upon the specific circumstances in a particular school. Schools, of course, may also be subject to State or local asbestos management and abatement requirements, not reflected in this document. This “100 Commonly Asked Questions” document is offered as a guide to help school officials, training providers and accredited persons better understand the new AHERA schools rule. If you have further questions, please contact the EPA Regional Asbestos Coordinator who serves your area or call the EPA Toxics Hotline in Washington, D.C., at 202/554—1404. Office of Toxic Substances Office of Pesticides and Toxic Substances U.S. Erivironinental Protection Agency Washington, D.C. 20460 May 1988 ------- 100 Commonly Asked Questions About the New AHERA Asbestos—in—Schools Rule Table of Contents Pac e I. Effective Dates . . i II. Buildings Covered by the Rule 6 III. General LEA Responsibilities . . . . . . . . . . . . . . . . . . .12 IV. Inspections, Reinspections, and Periodic 16 Surveillance V. Exclusions • • . . . • • •. . . . . . . . .25 VI. Response Actions . . .. . . .. . ....... . . . . . .26 VII. Operations and Mainteance (O&M)....... 29 VIII. Custodial and Maintenance Worker Training 32 IX. Manaqernent Plans . ••...... •I•e• . .,. .. . . .35 X . Recordkeeping . . . . . . . . . . . . . . . . . . . . . . . . . 42 XI. Accred itat ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 XII. TEM, PCM, Sarnplinq and Analysis 50 VITT Wr r .,, I k 1 I . ca a. •.. LJcj . . .1.1....... . . . . . . . . . . .. . . • .... XIV. Transport and Disposal... .•......... .... ..............58 XV. State ‘ aivers. •Ie•...•. •. ......, ., . . . •• , ... 59 XVI. Miscellaneous. . . . . . . . . . . . . . . .. . . •1 • • • • • . . . . . 60 —ii— ------- Aorony’ ns Used in this Guide ACBM Asbestos—containing Building Materials ACM Asbestos—containing Materials AHERA Asbestos Hazard Emergency Response Act LEA Local Education Agency NESHAP National Emission Standards for Hazardous Air Pollutants O&M Operations and Maintenance PCM Phase Contrast Microscopy TEM Transmission Electron Microscopy —iii— ------- I. EFFECTIVE DATES Questions 1 — 7 On what date does each of the followina requirements become effective? - the management plan — specific O&M work practices — O&M training — periodic surveillance — warning labels — selection of an LEL’s Designated Person — management plan availability for public review Answers: — The Management Plan——The effective date of the management plan is the date on which the LEA begins to implement its plan. According to AHERA S 203(1), this can be no liter th ri July 9, 1989. — O&M Work Practices——After December 14, 1987, LEAs must abide by the operations and maintenance requirements in § 763.91, whenever any of these activities need to be performed. — O&M Training——(i ) The 14—hour training requirement (see section 763.92(a)(2)) is for specific members of the custodial and maintenance staff who conduct activities that may disturb ACBM. After December 14, 1987, only custodial and maintenance staff who have had the 14—hour training are permitted to conduct such activities. —1— ------- (ii) The effective date for the 2—hoar oeneral awareness training is defined in the rule. Section 763.92 (a)(l) states that the LEA “. shall ensure, prior to the implementation of the operations and maintenance provisions of the management plan (emphasis added), that all members of its maintenance and custodial staff who may work in a building that contains ACBM receive 3wareness tr iriing of at least 2 hours.” As outlined in the rule, therefore, all members of the custodial and maintenance staff must have awareness training on or before July 9, 1989. — Pericijo Eurveillant:P——Tn 763.92(b) ‘..\ , tho rule states that “... at least once every 6 months after a management plan is in effect , each LEA shall conduct periodic surveillance....” in its buildings. Thus if a management plan was put into effect on July 9, 1989, for example, the LEA would have to conduct its first periodic surveillance by January 9, 1990. — Warning Labels——Section 763.95(a) states that the LEA “... shall attach a warning label immediately adjacent to any friable and nonfriable ...“ ACBM found in routine maintenance areas. As a result, if ACBM is —2— ------- identified in routine maintenance areaE, the material must be labeled as soon as possible thereafter. (For material identified under the 1982 rule, these materials should have been labeled as of December 14, 1987.) After the results of the inspections conducted pursuant to the 1987 schools rule are known, all ACBM identified in routine maintenance areas must be labeled. — Selection of an LEA’s Designated Person——Section 763.84 requires that LEAs designate a person to ensure that the actions of persons who conduct a variety of activities, including O&M, nspecticfl3 and reF-por.sE act c’n -, re ‘ rrie out in accordance with the rule. As a result, LEAs must select a Designated Person as soon as possible to ensure these activities are done properly. — Manacement Plan Availability for Public Review— — Section 763.93(g)(l) states that “... 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.” This means that the LEA must have the plan available for public review (inc1udin parents and staff) in its administrative office on the day on which it is submitted. Each —3— ------- individual school shall have a copy of the school’s plan available on the same day. Question 8: When must LEAs take certain response actions for areas of significantly damaged surfacing ACM and damaged or significantly damaged thermal system insulation ACM? Answer: Several conditions listed in § 763.90 necessitate a quick response. For example, a room with significantly damaged friable surfacing ACM must be immediately isolated and access to it restricted, if these measures are needed to protect human health and the environment . In addition, damaged or significantly damaged thermal system insulation must be at least repaired and h n mainrained by the LEA in an intact state and undamaged condition. As a result, as soon as a management planner and LEA determine that these conditions exist, the LEA must initiate steps to take action . The LEA cannot wait until July 9, 1989 to address these hazards. Question 9: The AHERA statute requires schools to begin implementing the management plan by July 9, 1989. Exactly what must be begun by this date? Answer: July 9, 1989, is the latest date on which any LEA can begin to implement its management elan. The formal operations and maintenance plan designed for —4-- ------- a particular school (for example, a routine cleaning schedule for that school), and the response action schedule with completion dates, must be implemented no later than July 9, 1989. A schedule for an abatement project, for example, will become effective on July 9, 1989, even though the project is not scheduled until later. In addition, the July 9, 1989, date is the latest date on which schools can begin their periodic surveillance and reinspection intervals. In other words, periodic surveillance must be performed within 6 months of July 9 if a school begins to implement its management plan on this date. —5— ------- II. BUILDINGS COVERED BY THE RULE Question 10: P school district leases space from a nonschool group (corporation, YMCA, etc.). Who is responsible, the school district or the landlord, for complying with the AHERA rule? Answer: The LEA is responsible for complying with the rule. There are several references to school buildings under the authority of an LEA in AHERA (see sections 203(b),(c),(d), (e),(f) and (1)). This phrase clearly covers buildings owned by the LEA. It also includes buildings leased by LEAs since LEAs control access to these buildings, how these buildings are used by occupants (e.g., classes in certain rooms, adminis rative ofti:e in others), the furnishings within the buildings, and the scheduling of school—related activities. As a result, an LEA which leases a school building exercises authority with respect to the use of the building as a school. Section 763.85(a) of the rule states that leased school buildings are covered and that the LEA is responsible. Question 11: If an LEA owns a building but does not currently use it as a school, must it be inspected by October 12, 1988? (For example, what if changes in school population have forced a school district to close a school and to rent the building out to a religious group for services?) —6— ------- Answer: The LEA doesf ’t have to inspect such a buildin by October 12, 1988. However, § 763.85 (a)(1) indicates that LEAs shall inspect each school building that they lease, own, or otherwise use. As a result, before an LEA decides to use a building already leased or owned as a school building, the LEA must first inspect the building. In addition, § 763.93(a)(3) states, “If a local education agency begins to use a building as a school after October 12, 1988, the local education agency shall submit a management plan for the school [ to the State) prior to its use as a school .“ Question 12: If an LEA obtains a building in April of 1990, for example, how soon must the LEA inspect it? Answer: Section 763.85(a)(2) addresses this issue. “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 in (a)(3) and (4) of this section prior to its use as a school building.” Question 13: A school building burns down. An LEA wants to use a local community center for 6 months due to the emergency. Does this temporary school building have to be inspected? —7— ------- Answer: Section 763.85(a)(2) states that, “In the event that emergency use of an uninspected building as a school building is necessitated, such buildinqs shall be inspected within 30 days after commencement of such use.” Question 14: Will for profit schools be required to comply with the EPA rule? Answer: No. Sectio 202(7; nf APERA specifically ref2rs only to non—profit schools. As a result, schools operated on a for profit basis are not covered. Question 15: Are State—run schools (e.g., prison schools, schools for the handicapped, etc.) covered by Answer: That usually depends on State law. AHERA section 202 states that “... the term ‘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).” The definition to which this refers states: “the term ‘elementary school’ means a day or residential school which provides elementary education, as determined under State law , and the term secondary school means a day or residential school which provides secondary education, as determined under State law , except that it does not include any education provided beyond grade 12...” (20 U.S.C. —8— ------- 2854) Thus, individual State law addresses whether a State—run school is covered as an elementary or secondary school. Question 16: Several high school students take advanced placement classes with college freshmen at the State university. Does a classroom or building that these students frequent have to be inspected? Answer: No. AHERA § 203 refers to school buildings under the authority of an LEA . These classrooms are not under an LEA’s authority, and therefore are not covered. Question 17: Each year the local high school has its annual play at a loc iI . oiv. ’unity :ei : r. . ehearsa’.s and the actual shows run for over 2 months. Is this building covered? Answer: If the local community center is not under the authority of the LEA, this building is not covered. Question 18: Are churches or sanctuaries that are under the LEA s authority, which are attended by students for religious purposes during normal school hours, required to be inspected? Answer: No. However, if a church is under the authority of an LEA and is used for other school instruction (e.g., math, spelling, etc.) as part of the school’s curriculum, then it must be inspected and included in the management plan. —9— ------- Question 19: Are the school district’s administrative offices (such as the Board of Education or the Superintendent’s Office) covered by AHERA, even if students never attend classes in these buildings? Answer: Yes. Among the structures covered in the definition of “school building” in AHERA (section 202) and the rule (section 763.83) would be “... any other facility used for the instruction or housing of students or for the administration of educational or research programs (emphasis added).” Question 20: Are the school system’s maintenance or storage facilities (e.g., bus garage or warehouse) covered by the rule? Answer: In general, the answer is yes. Section 202 of AHERA and section 763.83 of the rule define “school building” to include “... 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 (l),(2), or (3).” Paragraphs (1), (2), and (3) cover classrooms, libraries, gymnasiums, and administrative offices. For purposes of the rule, the facility is deemed essential if the LEA uses the facility. Vacant facilities of this type (i.e., empty storage facilities, empty warehouses, etc.) are not deemed essential, and therefore are exempt, because they —10— ------- are not used. Once the LEA begins to use these facilities, however, they become essential and must be addressed as required by the rule. Question 21: An LEA has a school building which is no longer being used and is scheduled for demolition. Is the LEA required to have an accredited contractor and workers do the abatement work which is required under NESHAPS? Answer: Not under AHERA, although individual States or localities may have other statutes. A building that is abandoned and scheduled for demolition is not covered by AHERA since the building is no longer being used as a school. Question 22: Several LEAs bus students to bowling alleys or YMCA swimming pools and gymnasiums for physical education classes. Must LEAs inspect these buildings? Answer: No. These buildings are not covered by the rule. Question 23: A school uses a single room in a nonschool building on a regular basis as a classroom for elementary and secondary education purposes during regular school hours. Is the room covered by the rule? Is the entire building also covered? Answer: The single room used by the school on a regular basis as a classroom is covered by the rule. The rest of the building is not covered. —11— ------- III. GENERAL LE RESPONSIBILITIES Question 24: Sections 763.84(g)(2) and 763.93(e)(3)(4) refer to the ‘... trained person designated by the LEA to implement the management plan ....“ The Rule does not indicate what specific training course is required to qualify the person(s) responsible for implementing the management plan. Should this person be “accredited” and would it be as a management planner or contractor/supervisor or project designer? What would constitute adequate training? Answer: The LEA’S designated person is not required to be accredited; however, he or she must have some rinimal L’- ini 1 . e’_tion 7A3.S (g’t.2) 3i ts t - training requirements. No specific hours of training were required since a designated person in a small LEA with only nonfriable ACBM may not need to have as much training as the designated person for a large city school system. Section 763.93(e)(4) requires, however, that the LEA list the course name, dates, and hours of training undertaken by the designated person. Question 25: Can an LEA designate a committee instead of one person to coordinate asbestos programs for an LEA? Answer: No. Section 763.84(g)(1) requires each LEA to designate “ a person” . This person or the LEA, —12— ------- however, may choose to appoint an advisory committee. Question 26: Can a group of LEAs share a Designated Person? Answer: Yes. Question 2 : Must an LEA’S Designated Person be an employee of the LEA, or can this person be an outside consultant, available on a part—time basis? Does the Designated Person have to be “on-site” at the LEA, or can he/she be located at another location? Answer: The Designated Person does not have to be an LEA employee. Section 763.80(a) allows LEAs to delegate the duties of their Designated Person unae the rub 1 hLt the LE i r spor siblc t ’: the proper performance of those duties. The Designated Person does not have to be on—site at the LEA. Question 28: Many LEAS intend to select certain person(s) who are permanent employees of the district to become accredited inspectors, management planners, project designers, contractor/supervisors and abatement workers. Does EPA foresee any problems with this approach, since S 763.84(h) cautions against “conflict of interest” among accredited personnel? Answer: The conflict of interest provision in the rule pertains to outside contractors who serve in two or more capacities. (see rule preamble discussion, p. —13— ------- 41836). LEAs have the option to use their own employees to carry out all tasks. Question 29: What is the definition of school as contained in Section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2854)? Answer: The following excerpts include key terms from the 1965 Act. LEAs should contact their appropriate State agency for specifics on State law. 20 U.S.C. 3381, Elementary and Secondary Education Act of 1965 (c) The term “elementary school” means a day or residential school which provides elementary ducat.inn, as ‘ etermjned under Scote l ’. (f) The term “local educational agency” means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. The term also includes any other public —14— ------- institution or agency having administrative control and direction of a public elementary or secondary school. (h) The term “secondary school” means a day or residential school which provides secondary education, as determined under State law, except that it does not include any education provided beyond grade 12. 20 U.S.C. 2854 (7) The term “elementary school” means a day or residential school which provides elementary education, as determined under State law, and the term “secondary schooF’ means a day c r ri2 nti l school which provides secondary education, as determined under State law, except that it does not include any education provided beyond grade 12. -15— ------- IV. INSPECTIONS, REINSPECTIONS, AND PERIODIC SURVEILLANCE Question 30: What specifically must be inspected, and what need not be inspected? Where do you draw the line? Determining the location of every material that may contain asbestos may be impossible. Should an inspector tear up the school building (e.g., knock down walls) to find asbestos? Answer: EPA will require LEAs to ensure that accredited inspectors conduct a thorough and complete inspection. However, in most cases, EPA does not intend that the accredited inspector undertake destructive steps (e.g., tearing down a wall) in an attempt to locate ACBM. , .n accredited inspector iS expected to take reasonable steps to locate ACBM. Specifically, an accredited inspector is expected to conduct a thorough visual inspection, examine all concealed accessible areas (e.g., above drop ceilings, inside ventilation shafts, etc.) and carefully review building plans and use his or her own knowledge to determine if ACBM was used in areas that are inaccessible. Building plans may provide some helpful information about where to look for ACBM, but they are not a substitute for a thorough inspection. An accredited inspector must answer two questions with respect to inaccessible areas: —16— ------- 1) Is there reason to suspect that ACB is preser t? 2) Is there reason to believe fibers could be released from ACBM and carried from the area? If the answer to both questions is “yes”, the inaccessible area must be examined. If the answer to question number one is “no”, no further action is needed. If the answer to question number one is “yes”, but question number two is answered “no”, the LEA should inventory the material as assumed ACBM and keep track of the material during periodic surveillance and reinspection. The second question above is important. A key aspect of most inspector training courses is understandiig how the a ir circu)ates inside a building. If air circulates through an area that contains asbestos, asbestos fibers could be carried to the rest of the building. Question 31: Does nonfriable surfacing and miscellaneous ACM have to be assessed? What about thermal system insulation? Answer: Nonfriable miscellaneous and nonfriable surfacing ACBM do not have to be assessed. However, thermal system insulation with no damage must be assessed if it has potential for damage or potential for significant damage. The definitions of potential damage and potential significant damage in § 763.83 include circumstances under which there is a —17— ------- reasonable likelihood that the material or its covering (emphasis added)” will become damaged or significantly damaged. The term “covering” applies to thermal System insulation. Thus, thermal system insulation can be characterized as having potential for damage or potential for significant damage. In addition, § 763.90(a) states that the LEA “... shall select and implement in a timely manner the appropriate response actions in this section consistent with the assessment conducted in § 763.88 (emphasis added).” Therefore, the areas requiring response actions under § 763.90 must be assessed under § 763.88. Section 763.90(e) states that “... . .f any tri hle sui uinz A , thm:.. system insulation ACM , or friable miscellaneous ACM that has potential for damage is present in a building, the local education agency shall at least implement an operations and maintenance program (emphasis added).” Similarly, thermal system insulation ACM with the potential for significant damage also has response action requirements. Since both S 763.90(e) and (f) list response actions for thermal system insulation with the potential for damage and significant damage, such material must be assessed under § 763.88. —18— ------- Ouestion 32: Can unaccredited persons under the supervision of an accredited inspector collect samples, and look in crawl spaces and other areas to locate ACB!’ ? Answer: No. Sections 763.85, 763.86, and 763.88 all specifically require an accredited inspector to conduct the necessary tasks in order to fulfill the inspection and reinspection requirements. Question 33: Must encapsulated ACBM he reassessed every 3 years? Answer: During a reinspection, in addition to checking friability, encapsulated ACBM must be closely examined to determine whether the response action has failed. If the response action has failed, the ares r st- he reas ec e . Question 34: A school building includes a “covered exterior hallway or walkway”. Does this include both the underside and roof of these areas? Answer: Only the underside of the hallway or walkway is included. Question 35: By what date must the reinspection be finished? Is it October 12, 1991, July 9, 1992, or 3 years from the original inspection? Answer: Section 763.85(b)(1) states that “At least once every 3 years after a management plan is in effect, each local education agency shall conduct a reinspection ...“ of each school building. If a management plan became effective on July 9, 1989, a —19— ------- reinspection must Occur no later than July 9, 1992. Question 36: Can a building inspector use his/her own lab to analyze the bulk samples taken? Answer: Yes, if the lab has interim EPA or NBS accreditation. Question 37: Can an LEA just assume that some or all friable and nonfriable suspect material contains ACM rather than taking samples? Answer: Yes. Sections 7 63.86(a),(b),(c), and (d) explicitly permit suspect ACBM to be assumed to be ACM. Question 38: What is “suspect” ACM? Can EPA provide a complete list? Answer: EPA—approved training courses address what type of materials might contain asbestos. In addition, these courses provide guidance on where these materials are typically located in buildings. A complete list of all suspected ACBM would be difficult to compile. However, the following is a partial list of materials that are classified as either suspected ACBM for purposes of the rule, or as materials not covered by the rule. Within the latter category, some materials may contain asbestos, but they are not building materials under the rule and therefore are not included in the —20— ------- AHER rule. Other materja1 would not contain any asbestos, or enough asbestos to be defined as ACM under the rule. —21— ------- Material Concrete Cinder blocI Surfacina materials (e.q., spray— applied or troweled—on materials on walls and ceilings) Blackboards Wall board (material could be gypsum, transite, or other product) Pressed wood Thermal system insulation Corruqated—lj e paper product used for thermal system insulation Wall or c iljno carpet Gaskets in heating and air conditioning equipment Floor tile (includes adhesives) Ceiling tile arid panels Exterior roofing shingles Auditorium curtains Cement asbestos water pipe Chemical lab table and desk tops Fire doors Fire brick for boilers Suspected CBM x x x x x x x x x x Not Covered b’ ’ AHER. Rule x x x x x x, Could conta in asbestos x, Could conta in asbestos x, Could conta in asbestos —22— ------- Not Covered Material Suspected ACBM by AHERA Rule Suspected ACBM stored in school x, could conta in asbestos ACBM cloth adjoining airducts x Chemical lab gloves x, could contain asbestos Fire blanket x, could con t a in asbestos Glass x Steel x Sheeting in fume hood x Brake shoes x, could c ntair aEbc StOz3 Kiln bricks and cement x Bunsen burner pad x, could contain asbestos —23— ------- Question 39: Please define what is meant by the phrase, “any change in condition”, as it refers to surveillance? Answer: A maintenance person conducting periodic surveillance would notice water damage, major delamination, a major fiber release, or even minor damage. For surfacing material, damage might also include separation of ACM from the substrate; flaking, blistering, or crumbling of the ACM surface; and scrapes, gouges, mars, or other signs of physical injury. Asbestos debris may also indicate damage. For thermal system insulation, damage may include gouges, punctures, water damage, crushed areas and torn or missing coverings. The p€ c r. z..on ucti ig ri ic surveillance will have to be aware of the material’s previous condition, documented in the management plan, in order to determine if any changes in the material’s condition has occurred. Ouestion 40: Should the management planner exercise a quality control function over the inspector’s report? Answer: Section 763.88(d) requires the accredited management planner “to review the results” of inspections, assessments, and reinspections. —24— ------- V. EXCLUSIONS Question 41: Can an inspector who received accreditation in 1988 grant an inspection exclusion for all or part of a school he inspected in 1985? Answer: Yes. The accredited inspector would essentially state that all or part of his previous inspection has met the requirements of the new rule (see § 763.99). In general, the accredited inspector is the person who can determine that the LEA is eligible for an exclusion (see sections 763.99(a) (1), (2) , (3) , (5) , (6) , and (7)) However, under S 7 63.99(a)(7), an architect or engineer can sign a statement that no ACBM was specitiec for use in che const:-uct.ion of a school built after October 12, 1988. Under § 7 63.99(a)(4), the lead agency in a State that has received a waiver from § 7 63.85(a) can grant an exclusion. -25— ------- VI. RESPONSE ACTIONS Question 42: Is the removal of rionfriable asbestos—containin floor tile considered a response action that requires the use of accredited personnel? If more than 3,000 square feet is removed this summer, must TEM be used for clearance? Answer: If the floor tile or its adhesive material does not become friable during the removal process, it is not a response action, since the definition of response action refers to a method “that protects human health and the environment from friable ACBM.” If the material becomes friable during removal, however, the job is then a response action te uir n; bot - accredited per nnel, and the u e of TEM if the area exceeds 3,000 square feet. Typically, vinyl asbestos floor tile is tightly bound and asbestos is generally not released under normal use. However, during a removal operation, the tile could be rendered friable. In addition, any sanding operations conducted to remove the adhesive beneath the tiles would render the adhesive material friable. Question 43: Is the installation of carpet over damaged A/V floor tile an enclosure? Answer: No. An enclosure is defined in S 763.83 as “an airtight, impermeable, permanent barrier around ACB’I to prevent the release of asbestos fibers into —26- - ------- the air.’ Carpeting is not impermeable, Dermanent, or airtight. Question 44: what does the term “timely fashion” mean? How will EPA enforce this? Answer: On page 41839 of the preamble EPA addresses the “timely fashion” issue: However, LEAs should be advised that in oroviding a schedule for beginning and completing each response action as required in § 763.93(e)(6), the LEA is specifying what constitutes implementation of preventive measures and response actions in a timely fashion for that LE (emphasis adde’ ) EPA ar.d S ato enforcem’-’nt 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. In reviewing management plans, States may reject plans if the schedule for response actions is not reasonable and timely (AHERA S 205(c)(l)). Question 45: If, during a periodic surveillance check, a custodian finds damaged thermal system insulation, what must be done? Answer: Section 763.90(b) states that “... if damaged or significantly damaged thermal system insulation ACM —27— ------- 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.” As a result, the LEA must at least repair the damaged area and make sure that the thermal system insulation is constantly maintained in an intact state and undamaged condition. Question 46: Is ceiling tile friable or norifriable? If it is friable, must accredited persons and TEM be used to remove 3,600 square feet of ceiling tile in a cafeteria? Answer: Like all other materials, the friability of ceiling tile must be determined by hand pressure. If the ceiling tile is friable, and the inspector either assumes ceiling tile is ACM or sampling confirms the presence of ACM, accredited persons and TEM must be used in the example outlined above. —28— ------- VII. OPERATIONS & MAINTENANCE (O&M ) Question 47: Please define the phrase, “... materials that are about to become friable ...“ Answer: If a workman is about to sand nonfriable floor tile that was assumed to be ACBM, this material would shortly become friable. The material would immediately be subject to the O&M requirements found in § 763.91. Question 48: Are there circumstances under which initial cleaning requires the use of an accredited supervisor? Answer: No. Section 7 63.91(c)(J) does not require accrediL i personnel for tni s task. Question 49: flust an accredited person develop the O&M plan? Answer: No. AHERA stipulates that only certain activities require an accredited person. Section 206(a)(3) does not require an accredited person to develop the O&M plan. However, EPA strongly recommends that schools use an accredited management planner to develop the O&M plan to ensure that the plan is consistent with the regulations. Question 50: O&M covers friable material only. What about nonfriable ACBM with the potential for damage? Does this type of material need to be addressed in an O&M plan? —2 9- ------- Answer: Nonfriable surfacing and miscellaneous materials need not be covered by an O&M plan, even if they have potential for damaqe or significant damaae. However, as stated in § 763.90(e) and (f) thermal system insulation with the potential for damage or significant damage must be covered in an O&M program as described in § 763.91. Question 51: What is the difference between § 763.91, which addresses operations and maintenance activities, and the O&M plan required in § 763.93? Answer: The operations and maintenance requirements listed in § 763.91 are in effect for all LEAs whenever s;T .c:cIc m ntt -nanct ? t1 :iE.s re co djcLec o accidents occur. The O&M plan as part of the management plan is a particular control program tailored to each individual school. Section 763.91 describes the procedures which LEAs must carry out for certain O&M activities, such as cleaning, in their buildings after December 14, 1987. An O&M plan in § 763.93 is a specific control program for a particular school building. For example, the O&M plan for a certain school may include a monthly schedule for routine cleaning, and may also include specific requirements of how to prevent fiber release from ACBM within the school building. (The procedures for such a plan are provided in § 763.91.) The O&P plan for a particular school —30— ------- may also include a permit system to exercise control over work conducted in the school that could disturb ACB . The O&M plan must be implemented as part of the school’s management plan no later than July 9, 1989. —31— ------- VIII. CUSTODIAL AND MAINTENANCE WORKER TRAININC Question 52: a) Will any of the custodial and maintenance worker personnel who have received previous training be “grandfathered” in? b) If so, what criteria will these workers have to meet, and what will be the process for making the determination? Answer: a) Custodial and maintenance personnel may be “grandfathered”. Section 763.92(a)(3) states that “... local education agency maintenance and custodial staff who have attended EPA—approved asbestos training or who received equivalent training for O&M and periodic surveillance activities involving asbestos shall be considered rainc i for ‘)Jrposes of t his secL on.” b) In making this determination, LEAs will need to determine if previous training adequately covered the topics required in SS 763.92(a)(l) and (2). Equivalent training in this case means comparable training; it need not be exactly the same. Obviously a training course taken in 1985 could not have covered the AHERA statute or regulation, or the OSHA standard. Previous instruction, however, must have covered the following key items: information on health effects; how to recognize ACBM and damaged ACBM; and, for staff who may disturb ACBM, information on handling ACBM, use of respirators and hands—on training. Additionally, —32— ------- EPA recomm nc that individuals who have received ecuivalent traininq in the past receive information on AHERA . Question 53: What are the qualifications or exact trainina needed by an individual who conducts the 2—hour awareness training and the 14—hour additional training for the maintenance and/or custodial emp 1 oyee s? Answer: The regulation does not require specific qualifications for instructors who perform O&M training. LEAs should, however, select instructors with a professional or educational background in the asbestos tield. Question 54: Does EPA plan to develop a “canned” training proaram for the 2—hour training course required for custodial and maintenance workers under § 763.92? Answer: With EPA funding, the National Asbestos Council and the American Association of School Administrators (AASA) have worked jointly to develop a videotape and instructor’s manual that generally cover the reQuirements for the 2—hour awareness training for custodial and maintenance staff. One of EPA ’s funded training centers, Temple University, is also developing an awareness video. As required by the rule, custodial and maintenance staff rtust also receive site—specific trainiria (e.g., location of —33— ------- ACBM in their building). LEAS interested in the AASA videotape should contact AASA at (703)875—0723 for details. Question 55: Sections 763.92(a)(1) and (2) refer to 2—hour training and 14—hour training. If an LEA’S workers have not taken the 3—day course to become “accredited” abatement workers, and the LEA decides to have workers receive the 2—hour and 14—hour training, where should the workers go for the abbreviated training? How is this training documented? Answer: EPA anticipates that LEAs will use a variety of icsources o train cuctodi l staf. Pt-iv&c.e consultants, LEA staff, local colleges and labor groups are potential sources of instructors for O&M training. Section 763.94(c) requires LEAS to keep specific information on O&M training, including the location of the training and the number of hours of training. —34— ------- IX. MANAGE! ENT PLANS Question 56: Under what circumstances can a State disapprove a management plan? Is an LEA required to accept changes recommended by the State? Answer: Section 205(c)(l) of AHERA states the Governor may disapprove a management plan within 90 days after the date of receipt of the plan if the plan: (A) does not conform with the regulations under S 203(i) (or with § 204(d) if there are no regulations) (B) does not assure that contractors who are accrerUted rDur ua t LO this t!t e will b used to carry out the plan, or (C) does not contain a response action schedule which is reasonable and timely, taking into account circumstances relevant to the speed at which the friable ACM in the school buildings under the local education agency authority should be responded to, including human exposure to the asbestos while the friable ACM remains in the school building, and the ability of the local education agency to continue to provide educational services to the community. According to § 205(c)(2) of AHERA, “if the State Governor disapproves a plan, the State Governor shall explain in writing to the LEA the reasons why —35— ------- the plan was disapproved and the changes that need to be made in the plan. Within 30 days after the date on which notice is received of disapproval of its plan, the LEA shall revise the plan to conform with the State Governor’s suggested changes (emphasis added). The Governor may extend the 30— day period for not more than 90 days.” The LEA, therefore, must revis its plan to conform with changes specified by the State in conformance with § 205(c)(l). If the LEA’s plan does not conform with the State’s modified plan, the school is in violation of AHERA. Question 57: An has o dev ic an a3bestc. s m nacernent pl for each school. Does this mean an LEA has to have a separate management plan for each of its schools, or can it have one large plan that covers all of its schools? Answer: LEAS must have a separate management plan for each school, according to S 763.93(a)(l). In addition, § 763.93(g)(3) states, “Each school (emphasis added) shall maintain in its administrative office a complete, updated copy of the management plan for that school.” To clarify further, this does not mean that each building on a school’s campus needs —36— ------- the management plan, just the administrative office for that school. Question 58: Answer: After October 12, 1988, under what circumstances will LEAs have to submit a revised management plan to the State for review? Sections 763.93(a)(2) and (3) require LEAs to sub nit management plans to their States for school buildings leased, otherwise acquired, or used s school buildings after October 12, 1988. This requirement is for buildings added to the plan . Question 59: Answer: Question 60: Answer: Must LEA5 notify their State when they update their management plans after a reinspection? No. The rule does not require LEAs to notify their State when they update the management plan as a result of a reinspection. This pertains to buildings already in the management plan. However, through their own regulations, States may require LEAs to notify the appropriate State agency when plans are updated as a result of a reinspection. When must the LEA initially notify parent, teacher, and employee groups in writing about the availability of the management plan? Section ?63.93(g)(4) requires LEAs to writing parent, teacher, and employee of the availability of the management notify in organizations plan when the —3.7— ------- management plan is submitted to the Governor (State desianee) and at least once each school year . Question 61: If the LEAs have been inspected by an accredited inspector, samples have been taken and analyzed, and no asbestos—containing material has been found, must the district still develop a management plan? At what point is it not necessary to develop a plan? Answer: The answer to the first part of this question is yes. Section 763.93(e) requires the results of the inspection to be reported in the management plan. With respect to the second part of the question, all L.t;s , ‘ v a SC Oi built att:r October _2, 1988, with an exclusion based on an architect’s statement that no ACBM was used in construction (see S 763.99(a)(7)), must have a management plan . In this case, the management plan would simply include the architect’s statement and the notification to parents, teachers, and employees regarding the availability of the plan. Question 62: If, in 5 years, an LEA has all ACM removed from a school building, does the annual written notification requirement regarding the management plan availability and asbestos—related activities still apply? —38— ------- Answer: The annual written notification to parents, teachers, and other school employees remains in effect even if a school indicates it has removed all ACM. The purpose of the availability of the management plan is to enable the public to determine if the LEA has implemented the management plan satisfactorily. Questiofl 63: Are the LEAs required to keep and/cr maintain their management plan for any specified length of time? Answer: The rule does not specify a date after which LEAs no longer need a management plan. As a result, LEAs should plan to keep their management plans inde init ]y. Ceriin records, hnwaver, ca discarded within a certain period of time after the ACBM has been removed (see S 763.94). Question 64: Section 763.93(f) states that the LEA “may” require a statement signed by an accredited management planner that the plan is in compliance with the Rule, but that this statement may not be signed by the person responsible for implementing the plan (even though he/she may be an accredited management planner). Why is the plan implementor prohibited from signing this statement? Answer: Section 763.93(f) comes directly from the statute (S 203(i)). However, as noted in the actual lanauage, such a statement is not required. The —39— ------- purpose of this prohibition is to discoura e conflict of interest between the management plan preparer and an abatement contractor. For LEAs with a concern about conflict of interest between the management planner and the abatement contractor, or about the adequacy of the plan, such a statement should be considered. Qucstion 65: What form5 of wriLte -i public r.otifications ar acceptable? If no specific organizations exist for the LEA to address, what constitutes acceptable written notification? Answer: LEAs have a great deal of flexibility with respect t mc thoüs cf iot fy 4 .nq pdLents, teachers, a’-d employees. However, S 763.93(g)(4) requires LEAs to keep a copy of the notification. A letter to the PTA and the employees’ union is acceptable. In the absence of such formal organizations, the LEA must still notify parents, teachers, and employees in writing. As stated on page 41841 of the rule’s preamble, in some instances this notification could take the form of a newspaper advertisement, an article in an LEA newsletter, or some other form. The Agency will further examine these methods of notification on a case—by—case basis. LEAs unsure about how to properly notify these groups should contact their Regional Asbestos Coordinator. —40— ------- Please note, under § 763.93(g)(4), LEAs nust include in the management plan a description of the steps taken to notify such organizations, and maintain a dated copy of the notification. —41— ------- X. RECORDKEEpINO Question 66: How should the periodic surveillance results be documented? How detailed does the information have to be and what constitutes adequate records? Answer: Section 763.94(d) requires LEAs to “... record the name of each person performing periodic surveillance, the date of the surveillance, and any changes in the conditions of the materials.” A one—page checklist (i.e., change/no change) with sufficient room for comments by the person conducting the surveillance would be adequate. If changes are noticed, the comments must describe each change clearly. —42— ------- X i. ACCREDITATION Question 6 : Does a person have to take the training course and exam from the same sponsor for accreditation? Answer: AHEPA sections 206(b)(1) and (c)(l) indicate that persons seeking accreditation need to take a training course and pass an examination. For full accreditation through an EPA—approved course, persons must take the course and exam from the same training course sponsor . States that have accreditation programs may require persons seeking accreditation to pass a State—administered exam. Section 206(c)(1) of AHERA states that “... the Administrator shall ensure that any EPA—approved trairi 4 : r’ course is consistent with the model plan (including testing requirements) developed under subsection (b). A contractor may be accredited by taking and passing such a course. ” Question 68: If an individual took a course at an EPA training center after January 1, 1985, and was “grandfathered in” as having taken an approved course, when does this person have to take a course to become fully accredited? When is the first refresher course required? Answer: Persons who are “grandfathered in” after January 1, 1985, do not have to take a course to become fully accredited until one year after their State has or was required to have an accreditation plan approved —43— ------- by EPA, and do not have to take the first refresher course until 2 years after their State has or was required to have an accreditation plan approved by EPA. For example, a State legislature convenes in January 1988. By July 1988, the State must have developed an accreditation program that meets the Model Plan. Contractors, inspectors, management planners workers, supervisors and abatement project designers in that State have one year to become fully accredited (i.e., July 1989). The first refresher training would be required by July 1990. These dates are still in effect for individuals even if the State fails to act, in which event, they would complete EPA—approved courses at the specified intervals. Question 69: What is the time frame for accredited individuals to take the required refresher training course? For example, are they required to take the refresher course prior to the expiration of their accreditation, or 60 days after? If they do not take the refresher course prior to expiration or some subsequent date including a grace period, will they be required to take another full training course and pass the required examination before they can be reaccredited? Answer: Individuals must take an annual refresher course to maintain their accreditation, as specified in the —44— ------- answer to Question 68. In the example cited above, if a person fails to take the refresher course within the 1—year prescribed period, their accreditation ceases. As a result, those persons cannot conduct AHERA work in their pertinent discipline. They will have 12 more months to take the refresher course in order to resume conducting AHERA work. If a refresher course is not taken during that period (i.e., within 24 months after accreditation), the entire training course (e.g., 4 days for supervisors) must be repeated and the exam passed. Q e t cn 70: When would a conflict of interest exist- among accredited personnel? Answer: A conflict of interest with respect to accredited personnel would exist if, for example, the management planner and abatement contractor worked for the same firm. The planner might recommend to the LEA more expensive response actions than are necessary in the management plan. Question 71: May a person serve as an accredited inspector and management planner on the same school project? Answer: Yes. EPA anticipates that many LEAs will have the same person conduct both tasks. However, LEAs must still evaluate whether that person has a conflict of interest (see section 763.84(h)). —45— ------- Question 72: Can an LEA hire one abatement firm both to conduct a response action and to carry out the TE! clearance air monitoring on that project? Answer: No. In Appendix A on page 41858 of the rule under “Sampling”, it states that TEM ‘... sampling operations must be performed by qualified individuals completely independent of the abatement contractor to avoid possible conflict of interest.” The LEA would have to select another person or firm “completely independent” of the abatement contractor to do this work. The abatement firm would not be allowed to subcontract this work since the subcontractor is not “completely independent” of the contractor. Question 73: Can an LEA itself become approved as a training center? Answer: Yes. Question 74: How can an LEA find accredited personnel to perform inspections, develop management plans, and conduct response actions? Answer: In States with EPA—approved programs, the LEA should contact the appropriate State agency responsible for accreditation. In States without approved programs, LEAs may communicate with the contacts from EPA—approved courses and request a list of accredited individuals. LEAs also have the —46— ------- option of hiring accredited personnel from a State with an EPA—approved program. Of course, LEAs may also choose to solicit proposals to conduct inspections, management plans and response actions in newspapers, professional or trade journals. The requirement that persons must be accredited should be emphasized in the LEA’s description of the project. Two national organizations, the National Asbestos Council and the National Insulation Contractors Association, have or are in the process of developing lists of their members who have accreditation credentials. Finally, LEAS may have their own personnel trained and accredited through EPA—?pjrove c ursr’s C r Ste pro-rdms. Question ?5: Must an individual respirator fit test be given to each and every training course participant? Many training providers are concerned about their liability. Shouldn’t the student be required to furnish a doctor’s statement that indicates the student can safely wear a respirator? Answer: Training entities must provide students with the ppportunity for respirator fit testing. If a student declines to be fit—tested, that is his or her prerogative. In addition, a training entity may require the student to furnish medical evidence that he or she is capable of wearing a respirator. Therefore, if a student has a medical —47— ------- statement from a physician indicating that he or she can be fit—tested, and the student wants to be fit—tested, the training entity must fit—test the student. Question 76: Must an accredited designer be used to design a response action? Answer: Section 763.90(g) requires that “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 (emphasis added).” An accredited designer, then, must deve2np the jo sp3c$f c ticm tar a ce p’ : e action. Question 77: If an abatement designer takes the course for contractors and supervisors, and his/her certificate says “contractor/supervisor”, how can the individual prove that he/she is qualified to design abatement projects? Answer: The designer should show the LEA the relevant section of the Model Accreditation Plan that enables a person who has successfully completed the contractor/supervisor course to be accredited as a designer (see plan page 15878, “Abatement Project Designers”). —48— ------- Question 78: Where does it say in the AHERA rule that LEAs rnu5t use accredited workers arid supervisors to conduct asbestos abatement work after December 34, 1987? Answer: Section 763.90(g) requires response actions to be designed and conducted by persons accredited to design and conduct response actions. On page 41826, under the heading “Dates”, it states that the “... rule shall be effective on December 14, 1987.” As a result, the requirement to use accredited personnel under AHERA is in effect as of December 14, 1987. Any asbestos—related work requiring accreditation conducted after that date must use accredited persons. —49— ------- XII. TEM, PCM, SAMPLING AND ANALYSIS Question 79: With respect to TEM, what does the term “contiguous portions” mean? Answer: The intent of § 763.90(i)(8) is to prevent an LEA from artificially dividing up a large project so as to avoid the TEM requirement. For example, an LEA that has a 3,300 square foot gymnasium cannot artificially divide the gym into 3 separate areas of 1,100 square feet, and then conduct separate abatement in each area, clearing each area by PCM. These areas are obviously contiguous, thus TEM is required. However, an abatement job in wing A of a building that totalS 1,700 square feet and a job in a separate, non—contiguous wing that totals 1,500 square feet are not contiguous portions of material. Question 80: If an LEA plans to remove 3,500 square feet of ACB from six adjacent classrooms joined by a hallway, does TEM have to be used for clearance of the entire area or can the LEA choose to remove the ACBM from each classroom separately and use PCM to clear each separate room? Answer: TEM must be used unless clear engineering reasons exist for dividing such a project into smaller areas. A primary reason EPA permitted the use of PCM for the 3—year phase—in period was to enable an —50— ------- L EA to minimize its total abatement expenses for a small project (e.g., less than 3,000 square feet) . For one small project, EPA believes the additional cost of TEM analysis at current prices could greatly increase the total cost of the project. However, permitting an LEA to subdivide what would normally be one large project into several smaller projects defeats the purpose of the TEM requirement. As necessary, EPA will review such situations on a case—by--case basis. Question 81: What is meant by the phase “at approximately the same time” (in S 763.90(i)(8)) as it relates to TEM clearance? Answer: The intent of S 3. )(i)(b) is to prevent an LEA from avoiding the TEM requirement by either artificially dividing up a larger project, or by removing ACBM in stages over the course of a relatively short period of time from what normally would have been one large project if the TEM phase- in did not exist. For example, if an LEA removed 1,600 square feet of surfacing ACBM in 3une 1988, and 1,600 square feet of adjacent surfacing ACBM a few weeks later, EPA would consider this to be removing contiguous portions of ACBM at “approximately the same time”. As necessary, EPA will review such situations on a case—by—case basis. —51— ------- Question 82: would surfacing ACBM on cei1in s of two classrooms on two separate floors be viewed as contiguous areas? Answer: No. Even if one classroom was directly beneath the other classroom, these would not be contiguous areas under the rule. Each floor would normally have its own containment barrier. Question 83: With regard to TEM, is there a plan to establish a certain number of air samples to be collected for abatement project clearance based on square footage/area or cubic footage/volume? Answer: No. As stated in Appendix A, the minimum number of TEM samples that need to be collected for each test site is 13 samples . These break down as follows: — 5 samples per abatement area — 5 samples per ambient area positioned at locations representative of the air entering the abatement site — two field blanks — one sealed blank Not all of these samples will have to be analyzed, in certain cases. Question 84: Are there criteria for doing aggressive air monitoring? Answer: Yes. Unit III.B.7.d. of Appendix A in the rule provides criteria for aggressive air monitoring. —52— ------- Question 85: Please define the term “nonfriable suspected ACBM.” Also, what does the term “manner sufficient to determine” mean with respect to samplin such material? Answer: Nonfriable suspected ACBM could be wallboard or floor tile. “Manner sufficient to determine” means the accredited inspector must take an appropriate number of samples for that material. For example, a number of training courses recommend that an inspector take the same number of samples for materials like floor and ceiling tiles as the inspector would for surfacing material. Other training courses suggest that three samples should be taken from homogeneous areas of such material. Question 86: Please clarify the use of the term, “homogeneous area”, which has a regulatory definition of being uniform in color or texture, when applied to thermal system insulation having pipe lagging that has either been discolored or applied differently to give the appearance of possessing a different texture. Answer: The accredited inspector must make a judgment on whether pipe lagging is indeed uniform in color and texture. If the suspect material looks darker due to water darnaae, it is appropriate for the inspector to consider this as part of the same homogeneous area. If the suspect material has beefl —53— ------- applied differently, however, it probably would not be uniform in color and texture since there would be a noticeable difference in the suspect material’s appearance. Question 87: If PCM is being used for clearance, does the sampling volume table in the mandatory TEM method have to be followed to determine the sampling volume for the PCM samples? Answer: No. The table is required only for samples which will be analyzed by TEM. The table was set up to maintain an analytical sensitivity of 0.005 fibers per cubic centimeter (f/cm 3 ) for the TEM analysis. The table does not apply to the PCM analysis. Question 88: How does one determine the amount of air to sample for the PCM analysis to maintain a limit of quantification of 0.01 f/cm 3 ? Answer: Follow the procedure in the EPA Silver Book, specifically outlined on pages 4—5. The volume required to reliably quantify fibers down to 0.01 f/cm 3 may be calculated using the first formula on these pages. Note that for NIOSH 7400, the minimum fiber loading is specified. Also, alert labs that the area of viewing for a field will vary between microscopes and that they must determine this value from their microscopes. —54— ------- Question 89: Can dual—headed pumps be used at abatenent sites when taking the five samples? Answer: This avoids the intent of the directions given in the nonrnandatory appendix for TEM. The method states: “Position ambient samples at locations representative of the air entering the abatement site.” A dual—headed pump will not sample air at two different locations. Question 90: Can someone collect more than five samples inside the abatement site and pick the best of the results for the clearance test? Answer: No. An equal number of samples should be taken inside and outside the abatement site for clearance. The minimum number is five inside and five outside. The rule does not prohibit the collection of more than five samples inside and an equal number outside; however, collection of a higher number inside and then selecting only five of those values is not appropriate. Question 91: How can the public get copies of the listing of accredited laboratories? Answer: Contact a Regional Asbestos Coordinator or call the TSCA Hotline at (202) 554—1404. —55— ------- XIII. WARNING LABELS Question 92: Do you have to label enclosed or encapsulated AOBM in routine maintenance areas? Answer: Yes. Section 763.95(a) states that ‘... 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 rooms) at each school building. This shall include: 1) Friable ACBM that was responded to by a means other than removal . 2) ACBM for which no response action was carried out.” Question 93: What are some examples of routine maintenance areas that would require labeling? What does routine mean? Answer: Examples are boiler rooms, equipment rooms, pipe tunnels, fan rooms, air handling rooms, or any other area that serves primarily as a maintenance area. “Routine” means that a maintenance or custodial person frequents an area (see above) on a regularly scheduled or predictable basis to perform maintenance activities, —56— ------- Question 94: In general, will school employees other than custodial and maintenance workers have to stay out of routine maintenance areas? Answer: The rule does not prohibit other school employees from entering routine maintenance areas. —5.7— ------- XIV. TRANSPORT AND DISPOSAL Question 95: In Appendix D of the rule, dealing with the transport and disposal of asbestos waste, shojid the “shoulds” be interpreted as “shalls’? In other words, are these recommendations now requirements? Answer: The recommendations in the transport and disposal guidance document have not become requirements. LEAs have to comply with applicable DOT and NESHAP regulations governing transport and disposal, not with the recommendations found in Appendix D. Enforcement of Appendix D will be based on the current DOT and NESHAP regulations cited in the Appendix, not on the recommendations suggested therein. —58— ------- XV. STATE WAIVERS Question 96: can EPA delegate the AHERA regulatory progrart to c overnment agencies such as county and city governments? Several county and city governments have programs which are more stringent. Answer: With respect to § 763.98 which addresses State waivers, these waivers apply only to States. —59— ------- XVI. MISCELLANEOUS Question 97: Who will review the management plans submitted by the Department of Defense (DOD)? Answer: Section 203(1) of AHERA requires the Secretary of Defense to carry out “... any function, duty, or other responsibility imposed on a Governor of a State [ for any school) operated under the defense dependents’ education system provided for under the Defense Dependents’ Education Act of I978 (20 U.S.C. 921et seq.).” Question 98: Does the regulation explicitly prohibit any conflict of interest? Answer: Yes. In Appendix A to the rule, the regulation states that TEM “... sampling operations must be performed by qualified individuals completely independent of the abatement contractor ...“ Question 99: What are EPA’s plans for developing standardized or model forms for inspections and/or management plans? Answer: The EPA—funded model training course materials for trainers, available for purchase by calling 301/468—1916, and the LEA Guide to assist LEAs in complying with the new rule, mailed to LEAs in February, include model forms and formats for inspections and management plans, respectively. —60— ------- Question 100: In a high school Vocational—tech class dealjn with automobile brake repairs, or in a school maintenance facility that repairs brakes on school buses, is the asbestos hazard from brake dust covered by AHERA? Answer: No. AHERA covers asbestos—containing building materials only, and brake shoes are not building materials under AHERA. 9owe’ er, EPA believes it is advisable to establish a program to contain brake dust and prevent its release (see also OSHA’s Appendix F to its rule). EPA has proposed a rule to phase out the use of asbestos in brakes and other products. Information on establishing a program to control brake dust can be found in the publication, Guidance for Preventing Asbestos Disease Amono Ato Mechanics . This publication is available from: Superintendent of Documents U.S. Government Printing Office l’Qashington, DC 20402 —61— ------- APPENDIX F GLOSSARY F-i ------- F-2 ------- GLOSSARY INTRODUCTION In Asbestos-Containing Materials in Schools; Final Rule and Notice (40 CFR Part 763) the EPA provides a comprehensive list of important terms used in the regulation. In the preamble of the regulation, EPA presented interpretations and comments regarding several of these terms. Where appropriate, such comments have been included in the following list of definitions. DEFINITIONS Accessible - when referring to ACM, that material subject to disturbance by school building occupants or custodial or maintenance personnel in the course of their normal activities. Accredited or accreditation - a person or laboratory accredited in accordance with section 206 of Title II of TSCA. Air erosion - the passage of air over friable ACBM which may result in the release of asbestos fibers. Asbestos - the asbestiform varieties of: chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite, grunerite); anthophyllite; tremolite; and actinolite. Asbestos-containing material (ACM) - when referring to school buildings, any material or product containing more than 1 percent asbestos. Asbestos-containing building material (ACBM) - surfacing ACM, thermal system insulation ACM, or miscellaneous ACM found in or on interior structural members or other parts of a school building. 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. However, EPA also regards ACBM in or on specified “exterior” portions of school buildings as subject to the rule. The definition of “school building” makes it clear that exterior hallways connecting buildings, and porticos (covered entryways) are considered to be in a building and therefore subject to jurisdiction under TSCA Title II. Often limes, these exterior areas are continuous with interior areas and could be considered to be a single homogeneous area in terms of a removal project design. In addition, the definition of “school building” includes any exterior portion of a mechanical system used to condition interior space. The Agency believes chat all of these “exterior” areas, by virtue of the accessibility of the ACM found there, wanant inclusion under the rule. F-3 ------- Asbestos debris - pieces of ACBM that can be identified by color, texture, or composition, or dust, if the dust is determined by an accredited inspector to be ACM. Damaged friable miscellaneous ACM - friable miscellaneous ACM which has deteriorated or sustained physical injury such that the internal structure (cohesion) of the material is inadequate, or which has delaminated such that its bond to the substrate (adhesion) is inadequate, or which, for any other reason, lacks fiber cohesion or adhesion qualities. Such damage or deterioration may be illustrated by the separation of ACM into layers; separation of ACM from the substrate; flaking, blistering, or crumbling of the ACM surface; water damage; significant or repeated water stains, scrapes, gouges, mars or other signs of physical injury on the ACM. Asbestos debris originating from the ACBM in question may also indicate damage. Damaged 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 damageS or significant or repeated watt ’ r stains, scrapes, gouges, mars or other signs of physical injury on the ACM. Asbestos debris otiginating from the ACBM in question may also indicate damage. EPA notes that this 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. Accredited experts will classify material based upon a damage determination and recommend appropriate response actions (ff763.85, 763.88, and 763.93) Damaged or significantly damaged thermal system insulation (TSI) ACM - ACM found 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. EPA notes that this definition allows that, even though the insulation is marred, scratched or otherwise marked, it may not, in the judgment of the accredited inspector, be so damaged as to release fibers. An accredited inspector will classify this material based upon a determination of “damage” or “significant damage” (ff763.85 and 763.88) and an accredited management planner will recommend, in writing, a 4 ipropriale response actions ( 763.93). Encapsulation - the treatment of ACBM with a material that suirounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers; the encapsulant creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant). F-4 ------- Enclosure - an airtight, impermeable, permanent barrier around ACBM to prevent the release of asbestos fibers into the air. EPA qualifies this definition, stating that it does not contemplate a vacuum-sealed area which is impossible to access. Instead, the intent was to ensure construction of enclosures sufficient to prevent fiber release. Precise engineering specifications for such enclosures are detailed in the National Institute of Building Sciences’ (NIBS’) Model Guide Specifications, Asbestos Abatement in Buildings, July 18, 1986. The term “enclosure” is also not intended to apply to mini-enclosures described in the EPA Worker Protection Rule oi Appendix B of the AHERA regulation, since these enclosures are used temporarily for repair or abatement activities. Fiber release episode - any uncontrolled or unintentional disturbance of ACBM resulting in visible emission. Friable - when referring to material in a school building, any material, which, when dry, may be crumbled, pulverized or reduced to powder by hand pressure. This includes previously nonfriable material after such previously nonfnable material becomes damaged to the extent ‘vne, dry, t .nay bc crumbled. pulv z d or rnGuc d C.I pow tr by hanci ressuT . 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. EPA explains that this term is used by the accredited expert to appropriately characterize an area as containing “significantly damaged friable surfacing ACM” or “significantly damaged friable miscellaneous ACM”. Glove bag - A sealed compartment with attached inner gloves for the handling of asbestos- containing materials. Properly installed and used, glove bags provide a small work area enclosure used typically for small-scale asbestos stripping operations. Information on glove bag installation, equipment and supplies, and work practices is contained in the OSHA final rule on occupational exposure to asbestos (Appendix G to 29 CFR 1926.58). High-efficiency particulate air (HEPA) - a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 microns 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 - any local educational agency as defined in the Elementary and Secondary Education Act of 1965, the owner of any nonpublic, nonprofit elementary or secondary school building or the governing authority of any school operated under the defense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978. F-5 ------- Miscellaneous ACM - miscellaneous material that is ACM in a school building. 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 EPA believes this definition is sufficiently general to provide a reasonable approach to assessing damage to so wide a range of materials. Miscellaneous material - interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, but not surfacing material or thermal system insulation. Nonfriable - material in a school building which, when dry, may not be crumbled, pulverized or reduced to powder by hand pressure. Operations and maintenance (O&M) program - a program of work practices to maintain friable ACBM in good condition, ensure clean up of asbestos fibers previously released and prevent further release by minimizing and controlling friable ACBM disturbance or damage. Potential damage - circu staric in which: 1) Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities. 2) There are indications that there is a reasonable likelihood that the material or its covering will become damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage. Potential significant damage - means circumstances in which: 1) Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities. 2) There are indications that there is a reasonable likelihood that the material or its covering will become significantly damaged, deteriorated, or delaininated 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, vibration or air erosion. The EPA notes that #3 above provides the key difference between a material’s having “potential for significant damage” as opposed to “potential for damage”. The EPA also states its belief that a wide range of “preventive measures” exists to eliminate potential damage or significant damage to ACM. F-6 ------- Preventive measures - 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 - returning damaged ACBM to an undamaged condition or to an intact state so as to prevent fiber release. 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 the Elementary and Secondary Education Act of 1965. 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 which is specially designed for athletic or recreational activities for an academic course in physical education. 3) Any other facility used for the instruction or housing of students or for the administration of educational or research programs. 4) Any maintenance, storage or utility facility, including any hallway, essential to the operation of any facility described in #(l),(2), or (3) above. 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 - damaged friable miscellaneous ACM where the damage is extensive and severe. Significantly damaged friable surfacing ACM - damAged friable surfacing ACM in a functional space where the damage is extensive and severe. F-7 ------- EPA explains in the preamble that this definition is a function of two major factors. The first factor deals with the extent or scope of the damage across a ftinctional space. In draft guidance, the EPA suggested that damage evenly distributed across one-tenth of a functional space or localized over one-quarter of the space represented significant damage. This represents a level of damage which is believed generally, although not always, unreasonable to repair or restore. The second factor involves the degree or severity of the damage itself. EPA believes that, in some cases (e.g., a major delamination of asbestos material), ACM may be so severely damaged that there is no feasible means of restoring it to an undamaged condition. Surfacing ACM - surfacing material that is ACM. Surfacing material - material in a school building that is sprayed- on, troweled-on or other- wise applied to surfaces (e.g., acoustical plaster on ceilings, fireproofing materials on struc- tural 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. Thermal system insulation ACM - thermal system insulation that is ACM. Vibration - periodic motion of friable ACBM which may result in the release of asbestos fi- bers. F-8 ------- APPENDIX R REFERENCES R-1 ------- R-2 ------- REFERENCES Documents: 1. Guidance for Controlling Asbestos-Containing Materials in Buildings. EPA 560/5- 85-024, June 1985. (Purple Book) 2. A Guide to Respiratory Protection for the Asbestos Abatement Industry. EPA 560/OPTS-86-001, September 1986. (White Book) 3. Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials. EPA 560/5-85-030a, October 1985. (Pink Book) 4. Demolition and Renovation Inspection and Safety Procedures Workshop (Final Report). Piper, S.G. and N. Lebedzinski. Alliance Technologies Corporation. EPA Contract No. 68-02-4465, EPA Work Assignment No. 112, July 1989. 5. Guidance for Assessing and Managing Exposure to Asbestos in Buildings (Seventh Draft Report). EPA, November 7, 1986. 6. EPA Study of ACMs in Public Buildings (Report to Congress). EPA. Washington, D.C., February 1988. 7. Guidelines for Asbestos NESHAP Demolition and Renovation Inspection Procedures. EPA-340/1-89-001, April 1989. 8. Asbestos-Containing Materials in School Buildings: A Guidance Document Parts 1 and 2, EPA 45012-78-014, March 1979. (Orange Books replaced by Purple Book) 9. Guidelines for Assessment and Abatement of Asbestos-Containing Materials in Buildings. U.S. Department of Commerce, National Bureau of Standards, Center for Building Technology. NBSIR-83-2688, May 1983. 10. Asbestos Waste Management Guidance. EPA/5301SW-85-007, May 1985. (Little Blue Book) 11. Measuring Airborne Asbestos Following an Abatement Action. EPA 600/4-85- 049, November 1985. (Silver Book) 12. Asbestos Abatement and Management in Buildings. Guide Specifications. National Institute of Building Sciences, Washington, DC, 1988. 13. Evaluation of Airborne Asbestos Concentrations Before and During an Operations and Maintenance Activity: A Case Study. EPA/600/S2-89/041, February 1990. R-3 ------- 14. Observational Study of Final Cleaning and AHERA Clearance Sampling. EPA/600/S2-89/047, January 1990. 15. Evaluation of the Asbestos-in-Schools Identification and Notification Rule. EPA 560/5-84-006, October 1984. Regulations: 1. Asbestos-Containing Materials in Schools; Final Rule and Notice, EPA 40 CFR Part 763 (52 FR 41826), October 30, 1987. 2. National Emission Standards for Hazardous Air Pollutants, EPA 40 CFR Part 61, Subpart M,(49FR 13661), April 5, 1984. 3. Asbestos Regulations for the Construction Industry. 29 CFR 1926.58 (FR 51 FR 22756) found in Occupational Exposure to Asbestos, Tremolire, Anthophyllite, and Acrjnoljte; FinaiRule. OSHA. 29 CFR 1926 (51 FR 22733), June 20, 1986. 4. Asbestos Abatement Projects; Worker Protection; Final Rule. EPA, 40 CFR Pan 763, Subpart C (52 FR 3618) Februa ’ 25. 1 9S7. R-4 ------- EPA P 2220.1 (by. 4.77) • tvious £011!IQN II OSSOIllI TECHNICAL REPORT DATA (Please read Instructions on the reverse before completing) 1. REPORT NO. 2. 3. RECiPIENT’S ACCESSION NO. 340/1—90—004a 4. TITLE AND SUBTITLE AHERA Training Workshop for NESHAP Inspectors Student Manual 5 REPORT DATE December 1990 6. PERFORMING ORGANIZATION CODE 7. AUTI OR(S) Nancy Lebedzinski S. PERFORMING ORGANIZATION REPORT NO. 9. PERFORMING ORGANIZATION NAME AND ADDRESS Alliance Technologies corporation Boott Mills South Foot of John Street ! wt’it VA fl1S 10. PROGRAM ELEMENT NO. i i. CONTRACT/GRANT NO. 68-02-4465 12. SPQNSORING AGEN NAME AND 400RESS tnvironmentai l’rotection agency Office of Air Quality Planning and Standards Stat ionarv Source Compliance Division Washington,_DC__20460 13. TYPE OF REPORT AND PERIOD COVERED 14. SPONSORING AGENCY CODE 15. SUPPLEMENTARY NOTES 16. ABSTRACT This docuni nt provides EPA asbestor NESt-IA 1 is!e4ior it:forn ati’ .i concerning the AsbestosHazard Emergency Response Act (AHERA). Included are:background information concerning AHERA, a regulatory overview, general local education agency responsibilities, inspections and assessments, sampling and analytical procedures, response actions, operations and maintenance, training and periodic surveillance, management plans, record keeping, compliance and enforcement, and transport and disposal of asbestos waste. Pertinent regulatory information and a compliance inspection outline are appended. An instructor manual (340/1-90.004b), slide narrative (340/1-90.004c) and slides, designed to enhance the presentation of material in the student rnanual,are also available. 7. KEY WORD$ AND DOCUMENT ANA Y$I$ I. DESCRIPTORS b.IDENTIFIIR$IOPEN ENDED TERMS C. COSATI FicidIGroup AHERA Asbestos - Containing Materials in Schools LEA Asbestos Inspections Management Plans Asbestos Transport and Waste Disposal IS DISTRIBUTION STATEMENT Avail*ble to the Public . 19 UCURITY CLASS (ThdR.ponj UNCLASSIFIED 21 NO OP PAGIS 276 20 SECUR TY ci.ass (Th Is pe) UNCLASSIFIED 22 PRICE ------- |