United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Washington, DC 20460
EPA-340/1-90-004b
December 1990
Stationary Source Compliance Series
?*EPA
AHERA Training Workshop
for NESHAP Inspectors
Instructor Manual
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EPA-340/1-90-004b
AHERA Training Workshop
for NESHAP Inspectors
Instructor Manual
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air Quality Planning and Standards
Stationary Source Compliance Division
Washington. DC 20460
December 1990
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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 by 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 VII. Their input is
gratefully acknowledged.
NOTE TO THE INSTRUCTOR
The information contained in this document accompanies the AHERA Training Workshop for
NESHAP Inspections - Student Manual.
11
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Table of Contents
Section Page
Figures Vi
Tables vi
BACKGROUND INFORMATION. 1-1
INTRODUCTION 1-1
QUALIFICATIONS AND ROLE OF THE INSPECTOR 1-1
PREPARING FOR AN INSPECrION 1-2
2 REGULATORY OVERVIEW.
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 Emergency Response Act (AHERA) (40 CFR Part 763 Subpart E) 2-6
Worker Protection Rule (WPR) (40 CFR Part 763 Subpart G) 2-6
Asbestos Ban and Phase-out Rule 2-7
3 ASBESTOS HAZARD EMERGENCY RESPONSE ACT (AHERA) OVER 3-1
ASBESTOS-CONTAINING MATERIALS IN SCHOOLS 3-1
MODEL ACCREDITATION PLAN 3-3
LABORATORY ACCREDiTATION 3-3
STATE REQUIREMENTS 3-3
4 GENERAL LOCAL EDUCATION AGENCY RESPONSIBILmES.........__ __ _ _4-1
LEA RESPONSIBILITIES 4-1
Use of Appropriate Personnel .. 41
Accreditation Training Requirements .. .. --
Custodial and Maintenance Employee Trainin 4-3
Notification Requirements .. .. - 43
Short-term Woiter Notification 4-4
Warning Labels .. _.. .. 4-4
Availability of Management Plans 4-4
Designated Person .. .. ....... 4_S
Conflict of Interest ....... .. .. ...... 4-5
5 INSPECTION, ASSESSMENTS, REINSPECTIONS AND EXCLUSIONS - S-i
IMPORTANT TERMS - .. .. 5-1
SCHOOL INSPECTIONS .. 5-2
ASSESSMENT OF ACBM . .. 5-3
REINSPECTIONS .. 5-4
EXCLUSIONS 5-5
Lu
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Table of Contents
Section Page
6 SAMPLrNG AND ANALYSIS ___ . ... .. ... . . ... . . . .. ....... 6-1
IMPORTANT r r s 6-1
SAMPLING 6-2
Surfacing 6-2
Thermal System Insulation (TSI) 6-2
Iviiscellaneous material 6-3
Nonfriable suspected ACBM 6-3
AI i.xsIs 6-3
7 RESPONSE ACTIONS . 7-1
IMPORTANT TERMS 7-1
SELECTION OF RESPONSE ACTIONS 7-3
Response Options
Use of Accredited Personnel
Applicable Regulations 7-5
COMPLETION OF RESPONSE ACTIONS 7-5
Clearance Air Monitoring 7-5
Job Completion 7-6
Clearance Air Analysis Timeline 7-6
8 OPERATIONS AND MAINTENANCE. ——-—---—--———-—---—----- - - 8-1
IMPORTANT m is 8-1
APPLICABILITY 8-2
WORKER PROTECTION 8-2
CLEANING
8-2
Additional Cleaning 8-3
OPERATIONS AND MAINTENANCE ACTIVITIES 8-3
O&M ACTIVITIES OTHER THAN SMALL-SCALE, SHORT- DURATION 8-3
FIBER RELEASE EPISODES 8-3
Minor Fiber Release Episode -. .. 8-4
Major Fiber Release Episode ... .. 84
9 TRAINING AND PERIODIC SURVEILLANCE -
TRAINING .. 9-I
Awareness Trainm 9-1
16-hour Trainin .. 9-2
PERIODIC RVU CE .. 9-2
10 MANAGEMENT PLANS . . .-- - 10-1
LEA RESPONSIBILITIES 10-1
Management Plan Submittal .. 10-1
Acquisition of Additional School Buildings 10-2
Altered Use ofa Building ..... 10-2
State Requirements ....•...._ 10—3
Implementation of the Management Plan...._ 10-3
Development and Revisions of Management Plans 10-3
Components of the Management Plan .. 10.3
Management Planner Certification .. 10-5
iv
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Table of Contents
Section Page
Maintenance of the Management Plan . 10-5
Recordkeeping Requirements 10-5
Certification Statement 10-5
11 RECORDKEEPING.....__ _.___ . . .___•• 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 ACTIVITIES 11-2
FIBER RELEASE EPISODES 11-2
rp..n....e.. n .. 124
- 12-1
Definitions 12-1
Inspections and Subpoenas (Section 11) 12-1
Prohibited Acts -. 12-1
Penalties 12-2
12-2
12-2
12-2
12-3
Administrative Civil Penalties
Notices of Noncompliance
Injunctive Relief
Criminal Penalties . . ... . ... .
Notification of Stare Governors 12-7
Referrals to Headquarters .... .... .... .... .... .. 12-7
Liability . . . .... ..
ASSESSING ADMINISTRATIVE CIViL PENALTIES AGAINST AN LEA
Violations • . . . .• . 12-8
Multiple Violations .... ... .. . . .. ...... . .......... 12-10
OneDayorPerDayAsscssznents.................... 12-10
Calculating the Administrative Civil Penalty for the LEA 12-10
ASSESSING ADMINISTRATIVE CIVIL PENALTIES AGAINST PERSONS OTHER
1 E LEA - .. 12-14
Calculating the Administrative Civil Penalty for ‘Other Persons” 12-14
Settlement with Conditions ......... .• 12-16
LEA Employees as “Other Persons” ...... -. .. 12-16
ASSESSING ADMINISTRATIVE CIVIL PENALTIES AGAINST PRIVATE
NONPROFIT SCHOOLS .. . . .....rn... . . .m.. 12-17
12 COMPLIANCE AND ENFORCEMENT
TSCATITLET
Specific Enforcement and Seizure (Section 17)
Preemption (Section 18)
COMPLIANCE WITH TITLE U OF THE ACT
CITIZEN COMPLAINTS
AHERA ENFORCEMENT RESPONSE POLICY.
1ntrrvinr tinn
12-3
12-3
12-4
12-5
12-6
12-7
I
12-7
12-8
V
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Table of Contents
Section Page
13 TRANSPORT AND DISPOSAL OF ASBESTOS WASTE _-—-.__. 13-1
RECORDKEEPTh G 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-ABERA 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
(52FR 15875), April 30, 1987 .. C-i
D Compliance Inspection Outline for Asbestos Hazard Emergency Response Act (AHERA), EPA.
October 1988 .. D- 1
E 100 Commonly Asked Questions About the New AHERA Asbestos-in-Schools Rule E-1
F Glossary
R . . -1
Tables
2-1 Asbestos Ban and Phase-out Rule 2-7
3-1 Subpart E - Asbestos-Coimiin’i g Materials in Schools - Table of Contents 3-2
12-1 Base Penalty for LEA ........ .. ..... .. 12- li
12-2 Base Penalty for Other Person? _ . .. 12-15
Figures
4-1 Asbestos warning label .. ........ 4-4
vi
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SECTION 1
BACKGROUND INFORMATION 1-1
INTRODUCTION 1-2
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
Compliance Monitoring (0CM).
The memorandum referenced the September 29, 1988 integration of Agency 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 1-3
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—I
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In addition, since NESFIAP and AHERA inspections vary so greatly in their approach
(NESHAP inspections typically involve observation of work practices, whereas Al-IERA
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/Al-IERA
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 A1-IERA group for review and possible action.
On the checklist inspectors are expected to note the following: 1-4
• 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 1-5
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 made 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 Safety 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
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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.
2-1
FEDERAL GOVERNMENT
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 OSHA.
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.
2-2
DOL
OSHA
DHHS
• NIOSH
DOT
EPA
‘OAR
• OPTS
•OSw
2-I
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Within the EPA, the regulation of asbestos has been incorporated into several legislative
acts, illustrated and described below.
RCRA
(1976)
1
I
TSCA
(1982)
Clean Air Act (CAA)
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
Hazardou s 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 Fail of 1990.
EPA Asbestos Regulations
_____I_____
CERCLA
(1980)
CAA
(1973)
2-3
2-4
2-2
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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
NESH AP:
• 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 disposal of asbestos-containing materials (ACM);
air cleaning devices;
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.
2-5
2-6
• Disposal . Reports Releases
Site
2-3
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Due to Congressional concern, the disposal of asbestos was originally listed by RCRA in
1976. However, in that same year, because it does not migrate in the soil or pose any threat
to ground water, asbestos was delisted by RCRA and the authority transferred 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 1989
(CERCLA)
CERCLA was established to provide for liability, compensation, clean- up and emergency
response for hazardous substances released into the environment 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.
2-7
• Inspect Schools
• Analyze for ACM
• Notification
• Recordkeeping
AHERA I
1986 1
• Inspect Schools
• Management Plans
• Response Actions
• Training!
A reditatiOfl
• Notification
• Manufacture
• Import
• Processing
• Distribution
2-4
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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 also be regulated.
Associated rules and acts include the Asbestos-in-Schools Rule (MS Rule), Asbestos School
Hazard Abatement Act (ASHAA), 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 (MS 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 maintenance and custodial employees with a guide for reducing asbestos
exposure, and notify parent-teacher associations or parents directly of the inspection
results. The AIS 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
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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 H of TSCA (commonly
referred to as AHERA), set up a framework for addressing asbestos hazards 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. AHERA 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 than 3 linear
or square feet of friable ACM is begun when public employees are doing the work.
2-6
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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 OSI-IA 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 veiy 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 & roofmg felt, pipeline
wrap, A/C flat & corrugated sheet,
VAT, clothing
August 27, 1990
August 25, 1992
2
Beater-add & sheet gaskets, clutch
facings, auto ansmission components,
friction products, drum brake linings
(OEM)’ and disc brake pads
August 25. 1993
August 25, 1994
A/C pipe, commercial & 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
‘Original Equipment Market
2 Light- and Medium-weight Vehicle
3 Aftermarket
4 Heavy-weight Vehicle
2-7
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2 -8
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SECTION 3
ASBESTOS HAZARD EMERGENCY RESPONSE ACT (AHERA) 3-1
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 U 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 3-2
Section 203 of Title II 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
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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 pians, 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 LEAs
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. 33
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 responsibilities
763.85 Inspection and reinspections
763.86 Sampling
763.87 Analysis
763.88 Assessment
763.90 Response actions
763.91 Operations and maintenance
763.92 Training and periodic surveillance
763 .93 Management plans
763.94 Recordkeeping
763.95 Warning labels
763 .97 Compliance and enforcement
763.98 Waiver delegation to State
763.99 Exclusions
Appendix A- Interim Transmission Electron Microscopy Analytical Methods - Mandatory and 34
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
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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 regulation, it decided to make the Model Plan available in the Code of Federal
Regulations as Appendix C to TSCA Title II (AHERA).
LABORATORY ACCREDITATION 3-6
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 (AHERA) regulation for schools (52 FR
41826) requires all bulk samples to be analyzed by NIST-accredited laboratories.
(NVLAP) for PLM laboratories (52 FR 39977).
STATE REQUIREMENTS 37
States were required to notify LEAs by October 17, 1987, regarding where to submit
asbestos management plans.
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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 AIIERA 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.
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SECTION 4
GENERAL LOCAL EDUCATION AGENCY RESPONSIBILITIES 4-1
Section 763.84 of the Asbestos-Containing Materials in Schools; Final Rule 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
will need to review records kept by the LEA, interview school personnel and 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 pians 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
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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,
supervisors and workers conduct the abatement work.
Accreditation Training Requirements 4-2
To be accredited under TSCA Title II, the following course requirements must be met:
• Inspectors must successfully 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 1-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 i-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 i-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.
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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., I.D. 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 training requirement, the Model Plan requires 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 maintenance 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 4 5
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.
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Short-term Worker Notification 46
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 4.7
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.
AUTION: ASBESTOS
HAZARDOUS
I DISTU
WIThOUT PROPER
TRAINING
AND
EQUIPMENT
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 4.8
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 examine 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.
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Designated Person 4-9
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 AHERA.
Exaniination 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.
Conflict of interest 4-10
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 A}IERA.
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4-6
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SECTION 5
LNSPECTION, ASSESSMENTS, REINSPECTIONS AND EXCLUSIONS 5- I
The following information summarizes Sections 763.85 (inspections and reinspections),
763.8 8 (assessments) and 763.99 (exclusions) of the Asbestos-Containing Materials in
Schools; Final Rule and Notice.
Regulatory inspectors should be able to determine, from records reviewed onsite, whether or
not the LEA is in compliance with these components of the AHERA regulation.
IMPORTANT TERMS 5-2
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.
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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 Federal
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 53 -
ACBM to determine whether they are friable, identify all homogeneous areas 5-10
of friable suspected ACBM and nonfriable suspected ACBM, and either
sample suspect materials or assume they contain asbestos; 5-11
• 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 management plan.
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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 5-12
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 dsnii ged 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 5-13
inspector may consider the following:
• Location and amount of the material (total quantity and percentage of the
functional space);
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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 disthbuted 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 5.. 14
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 reinspcction, name and signature of the accredited person
making the reinspection, State of accreditation, and, if applicable,
accreditation number,
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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 5-15
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 5-16
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, identtfy 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 ACEM 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 peiform an
inspection.
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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 ident fied 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 not sampled or
were not assumed to be ACM must be inspected in accordance with 763 .85(a).
Also, jf 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.
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SECTION 6
SAMPLING AND ANALYSIS 6 -1
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 records may be reviewed to determine compliance with the sampling and analysis
components of the 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
6-2
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.
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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 6-3
An accredited inspector must use the following 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: Si,npljfied Sampling Sche,ne 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 (1 ’S!) 6-4
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;
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• 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 6-5
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
6-6
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”.
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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.
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SECTION 7
RESPONSE ACTIONS 7-1
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}IERA by conducting an inspection of the school, examining records required to be kept and
interviewing personnel.
IMPORTANT TERMS 7-2
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 delaniinated 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 delanunated 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 tocontain
fibers.
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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 damage.
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.
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.
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Response action - a method, including removal, encapsulation, enclosure, repair, operations
and maintenance, that protects human health and the environment from friable ACJ3M.
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 of AH.ERA (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 damaged TSJ which do not require removal or repairs to a
piece of asbestos-containing wallboard.
• Repairs, involving encapsulation, enclosure or removal, to small amounts of
friable ACM only if required in the performance of emergency or routine
maintenance activity and not intended solely as asbestos abatement. Such
work may not exceed amounts greater than those which can be contained in a
single prefabricated minienclosure which must conform spatially and
geometrically to the localized work area in order to perform its intended
containment function.
Surfacing ACM - surfacing material that is ACM.
Thermal system insulation (TSI) ACM - thermal system insulation that is ACM.
SELECTION OF RESPONSE ACTIONS
LEAs are 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.
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Response Options 7-4
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 sign ficantly 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 potential for dam-
age:
• At a minimum, the LEA should implement an operations and maintenance
(O&M) program.
Friable surfacing ACM, TSIACM or friable miscellaneous ACM with potential for signifi-
cant damage:
• Implement an O&M program;
• Institute preventive measures appropriate to eliminate the potential significant
damage;
• Immediately isolate the area and restrict access if necessary to avoid
substantial endangerment to human health or the environment;
• Remove or otherwise abate the material if preventive measures cannot ensure
human health and environmental protection.
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Inspectors can compare response actions undertaken with those recommended in the
management plan to ensure compliance with AHERA.
Use of Accredited Personnel 7-6
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 for many States 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 (3 (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 7-7
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 7-8
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 79
certain circumstances) Phase Contrast Microscopy (PCM) in appropriately accredited 710
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.
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Job Completion 7-11
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) 7-12
• At any time, an LEA may choose to have clearance air monitoring samples
taken anaiyzed 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).
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SECTION 8
OPERATIONS AND MAINTENANCE 8-1
Section 763.91 of the Asbestos-Containing Materials in Schools; FinaiRule and Notice de-
scribes:
• applicability of an operations and maintenance (O&M) program;
• legal protection afforded individuals involved in an O&M program; and
• 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 8-2
Asbestos-containing building material (ACDM) - 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 refernng 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
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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.
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 8-3
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 8-4
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.
CLEANING 8-5
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 TSI ACM, or friable suspected ACBM assumed to be ACM are present must be
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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.
Additional Cleaning
The LEA must follow recommendations regarding additional cleaning as noted in the
management plan.
OPERATIONS AND MAINTENANCE ACTIVITIES 8-6
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 small-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.
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Minor Fiber Release Episode 8-7
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 damaged ACM using non-asbestos-containing
materials, or implement an appropriate response action as required by 763.90
(Response Actions).
Major Fiber Release Episode 8-8
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.
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SECTION 9
TRAINING AND PERIODIC SURVEILLANCE
Section 763.92 of the Asbestos-Containing Materials in Schools; Final Rule 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 maintenance and custodial employees who have attended EPA-approved 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 AHIERA.
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 9-2
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 damage, 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.
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16-hour Training 9-3
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 9.4
practices.
PERIODIC SURVEILLANCE 9-5
• At least once every 6 months after a management plan is in effect, each LEA 9-6
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;
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- Document any changes seen in the condition of the materials; and
- Submit a copy of the surveillance report to the designated person for
inclusion in the management plan.
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SECTION 10
MANAGEMENT PLANS 10-1
Section 763.93 of the Asbestos-Containing Materials in Schools; Final Rule 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
are being fulfilled.
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 5 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 10-2
Management Plan Submittal
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- 10-3
lished by this amendment. The first category (Category A) applied to LEAs in States which
have requested waivers from AHERA under 40 CFR 763.98. These States are Connecticut,
Illinois, New Jersey and Rhode Island. The second category (Category B) applied to LEAs
in aU other States. Many of the activities associated with these deferral assurances had to
be completed before October 12, 1988.
Two assurances were required for Category A deferrals:
I) 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
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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 contract with an accredited 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 10-4
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 Buildtng
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.
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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 10-5
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;
- Laboratory 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
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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 (*763.88) 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)] 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 10-6
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 ACBMor 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 [ *763.91(c)(2)], 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.
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Management Planner Certification 10-7
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 Al-IERA. 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 authorities, school personnel and their representative, parents and the
public.
2) Each LEA must maintain in its administrative office a complete, updated copy of a
management plan for 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 ad,ninistrative 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 S
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.
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SECTION 11
RECORDKEEPING 11-1
Section 763.94 of the Asbestos-Containing Materials in Schools; Final Rule 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;
• Employee 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
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- A statement that the laboratory meets the requirements of
§7 63.90(i)(2)(ii).
TRAINING
For each custodial or maintenance individual required to be trained { 763 .92(a)(1) 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 each time periodic surveillance is performed ( 763.92(b), the LEA must record the name
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 § 7 63.91(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.
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SECTION 12
COMPLIANCE AND ENFORCEMENT 12-1
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”, and Title U (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 to the Interim Final Enforcement Response Policy for the
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 12-2
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 U (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.
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Penalties (Section 16)
Civil Penalty
TSCA Title I, as amended by section 3(b) of AHERA, provides authority to use Title I en-
forcement 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 penalty under Title 1 of the Act for failing or refusing to comply with any rule promul-
gated or order issued under Title lIof 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
12-3
Section 207(a) of Title II 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
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Fail to develop a management plan.
CITIZEN COMPLAINTS 12-4
Any 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 12-5
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 ARERA.
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.
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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
management plan is submitted.
• 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 AHERA 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 12-6
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 H 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 AHERA as identified in AHERA Section 207.
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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 administrative civil complaints have been
successfully issued to an LEA and closed out.
A Region may separately request relaxation of concurrence for civil actions taken
against “other persons” once three administrative civil complaints have 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) 12-7
Except as noted later in this section, it is not appropriate to issue NONs for violations of
Al-JERA 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 AHERA 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.
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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 and/or 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
LEAs will receive follow-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
12-8
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,
AHERA 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 AHERA. 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
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the initiation of a response action without the use of accredited personnel.
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 12-9
EPA may issue criminal penalties to any person (e.g., contractors, LEAs, LEA employees,
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 1240
EPA Headquarters recommends issuing press releases for most violations of Al-JERA. 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 AHERA 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
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of persons not accredited under AHERA to conduct asbestos inspection may result in two
separate administrative civil complaints, one against the LEA under AT-JERA 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
AHIERA 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 AHERA, 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 requirements of AHERA. In such a situation,
the administrative civil complaint would be issued to the LEA.
12-li
ASSESSING ADMINISTRATIVE CIVIL PENALTIES AGAINST AN LEA
Violations
Pursuant to Al-LERA 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 AJiERA 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;
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the use of accredited laboratories;
assessment requirements; and
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 section of AHERA refers to the process of preparing a complete management plan docu-
ment for submission to the State Governor. An LEA’s 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 Al-IERA 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;
falling 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.
Carries Out Any Activity Prohibited by Section 215 of AHERA as Amended
Section 215 of the AIJERA 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
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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):
-763.90 (response actions),
-763.91 (operations and maintenance activities),
-763.92(a)(2) (training requirements).
Any LEA which violates section 215 of AHERA as amended is subject to administrative
civil penalties under Al-JERA 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
submitted by an LEA to the State in a deferral request are knowingly false. An LEA which
falsely 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 1212
Section 207(a) of AHERA 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.
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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:
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 Penalty matrix, the GBP takes into account 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
Mid Range
4 $2,000 $1,200 $20 0*
5 $1,000 $600 $100*
Low Range
6 $260* $4Ø*
*Issue NONs for the first citation of violations that fall within these cells if that is the only
violation.
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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.
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 ER? lists Circumstance levels which have been assigned to each
provision of AHERA which an LEA may violate. Inspectors should refer to this list when
determining 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 electron microscopy (ItM) until Octobar 7.1989 [ 40
CFR 763.90(6)).
*960 square feet or 260 linear feet is the cutoff for reporting undeT the National Emissions Standards for Hazardous Air
Pollutants (NESHAP). and the cutoff in 40 CFR 763.90 (1X5) for use of phase- contrast microscopy (PCM).
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In circumstances where the quantity of asbestos involved in the Al-IERA violation cannot be
readily determined, the civil penalty is to be calculated using the MAJOR extent category.
Adjustment Factors
As required by Al-IERA 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 A1{ERA regulation,
0CM does not anticipate situations in which a reasonably prudent and responsible LEA
would not know of its responsibilities regarding AHERA. However, in those rare situations
where it can be shown that the LEA did not know about its responsibilities under 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 AH.ERA 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 II, 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.
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Other Factors
Since AH1ERA 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 reduclztions if the LEA has been
notified 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 asl5%. 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 12-13
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.
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TABLE 122
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 A}IERA 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 AHERA 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.
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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 inappropnate.
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 continue in business; 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 AHER.A 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 AHERA 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
12-16
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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 Al-JERA. Further,
LEA employees are subject to criminal action for knowing or willful violations of AHERA
under TSCA Title I.
Generally, EPA will issue a NON to an LEA employee who has violated the less serious
requirements of the AHIERA 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 concurrence of
0CM prior to their issuance.)
ASSESSING ADMINISTRATIVE CIVIL PENALTIES AGAINST PRIVATE NON- 12-14
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 $5,000 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 AJIERA violations over which the School has no authority.
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SECTION 13
TRANSPORT AND DISPOSAL OF ASBESTOS WASTE 3 j
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”).
The Guidance notes that regulations governing transport of asbestos- containing waste
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
(NESHAP) (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-
Containing 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 13-2
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:
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• 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 13-3
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 A}IERA.
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 13-4
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).
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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 13-5
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 NESFIAP
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.
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13-4
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APPENDIX A
GUIDANCE FOR COORDINATION OF ASBESTOS
NESHAP-AHERA COMPLIANCE INSPECTIONS
A-i
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•?tO S 4
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
____ WASHINGTON, D.C. 20460
1 4
JUN — 5 1989
MEMORANDUM
SUBJECT: Guidance for Coordination of Asbestos
NESHAP-AHERA Compliance Inspections
FROM: John S. Seitz, Director
Stat ionary Source Comp
Office of Air Quality
Connie A. Musgrove - fl ef
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 solicits 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
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of school sites will be inspected. These inspections will
incorporate the review of NESHAP compliance arid 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 of noncompliance and
civil complaints, as well as providing technical 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 identified 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 scheduled asbestos removal/renovation
projectF by these LF.As, from sources such as settlements of cases
3r tips, compl int 3.
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 AHERA. An abbreviated AHERA
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.
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—3—
The NESHAP program should establish a mechanism for
returning inspection results to the HERA program for review.
AARP enrollees may assist in this process
Both NESHAP arid A}iERA staff should review inspection
results. The NESHAP program will take civil actions for NESHAP
violations, while the AHERA program will take administrative
actions for the AHERA violations. The N’ESHAP inspector’s report
can be used to document violations under AHERA. In the case of
violations of both statutes, the programs should contact
Headquarters for guidance on the appropriate enforcement action
to be taken. Joint NESHAP/AHERA 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 prograirs.
With regard to FY 89 integration activities carried out by
states with TSCA compliance cooperative agreements, as a minimum,
States shoLld Continue to refer any violations of the Worker
Protection or NESHAP requirements observed during their AHERA
inspections to their EPA 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 Lydon, 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/NESHAP/AHERA inspections can be referred to either Linda
Flick, 0CM, FTS 382—2289 or Omayra Salgado, SSCD, FTS 382—2837.
Attachment
A-5
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—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
CC: Michael Stahl
David Kling
Frederick Stieh].
Terrel]. Hunt
A-6
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ABBREVIATED CHECKLIST FOR AHERA COMPLIANCE
FOR USE ON NESHAP INSPECTIONS
Local Education
Agency (LEA)
Address _______________________________________________
School _______________________________________________
Add r e S S ________________________________________________
Designated Person _____________________________________________
Phone number _________________________________________________
Abatement 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 7 nalysis: ________ 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
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A-8
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APPENDIX B
ASBESTOS-CONTAINING MATERIALS IN
SCHOOLS: FINAL RULE AND NOTICE
B-i
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Friday
October 30, 1987
Part III
Environmental
Protection Agency
40 CFR Part 763
Asbestos-containing Materials
Final Rule and Notice
In Schools;
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4 C2€ Federat R” ; ’ r / V c2. No. 210 / Friday . October 30. 1987 / Ruics and_Regu ations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 763
I OPTS-a2O48E FRL-3269-SJ
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 11 of the Toxic
Substances Control Act (TSCA). 15
U.S.C. 2643, to require all local
education agencies (LEAs) to identify
asbestos-containing materials (ACM) in
thetr school buildings and take
appropriate actions to control release of
asbestos fibers. The LEA. 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 ‘to 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 COPflACT
Edward A. Klein. Director. TSCA
Assistance Office (TS—799). Office of
Toxic Substances. Environmental
Protection Agency. Rut. E—543. 401 M St..
SW.. Washington. DC 20460. Telephone:
(202—554—1404).
SUPPlEMENTARY $NFORMAT1OPC
1. Background
A. Description of the Enabling
Legislation
On October 22, 1986. President
Reagan signed into law the Asbestos
Hazard Emergency Response Act
(AHER.A) which enacted. among other
provisions. Title U of the Toxic
Substances Control Act (TSCA) 15
U.S.C. sections 2641 through 2554.
Section 203 of Title Ii. 15 U.S.C. 2843,
requires EPA to propose rules by April
20, 1987 (180 days after enactment), and
to promulgale final rules by October.i.7..
1987 (360 days after enactmeiTtj.
regarding: (1) The inspection of afl
public and private school buildings for
ACM: (2) the identification of
circumstances requiring response
actions: (3) description of the
appropriate response actions: j4 the
implementation of response actionr t5)
the establishment of a reinspection and
periodic surveillance program for ACM:
(6) the establishment of an operations
and maintenance program forfris.ble
ACM: (7) the preparation and
implementation of asbestos
management plans by LEAs and the
submission of the management plans to
State Governors, who may review the
plans and approve or disapprove them
and (8) the transportation *nd disposal
of waste ACM from schools. This final
rule implements the Title U requirements
to issue the section 203 rules (except for
transportation and disposal, as
discussed further below).
Section 206 of TSCA Title 11.15 U.S.C.
2648. 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 umplu
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 acmsdltatiort
program by October 12. 1988.
State. were required to notify LEAs
by October 17. 1987. regarding where ‘to
submit management plans. LEAs must
submit those plans to their State no later
than October 12, 1988. The plans must
include the results of school building
inspections and a description of ill
response actions planned, completed. or
in progress. After receiving a
management plan. States are allowed 80
days to disapprove the plan. If the plan
ii 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 States
suggested changes. Th. 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 rules ‘wtder
TSCA section 203(h) have not yt been
proposed. In accordance with T$CA
section 204( 1). therefore. LEAs shall
provide for transportation and disposal
of asbestos in accordance with the most
recent version of EPA’s “Asbestos
Waste Management Guidance.”
Applicable provisions of that document
are included as Appendix D of this rule.
Regulations governing transport of
asbestos-containing waste. including
school waste already regulated by the
National Emission Standard for
Hazardous Air Pollutants INESHAP) (40
CFR Part 61. Subpart M) under the Clean
Air Act (42 U.S.C. section 7401. et seq.).
were promulgated by the Department of
Transportation (DOT) (49 CFR Part. 173
Subpart J). The NESHAP and DOT rules
must be followed, according to the
“Aibestos 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 this rule has been signed by the
EPA Administrator by October 17, 1987,
the rule has been promulgated within
the statutory time frame required by
section 203 of TSCA Title U. In
accordance with 40 CFR 23.5. however.
solely for purposes of judicial review
deadlines under section 19 of TSCA
Title I. the rule is considered to be
pomulgated at 1 p.m. eastern time. 14
days after publication in the Federal
Register. Thus. the period in which
petitions for review of this rule may be
filed under section 19 commences 14
days after publication.
B. Previous EPA Asbestos Activities
EPA has undertaken a variety of
technical assistance and regulatory
activities designed to control ACMs in
buildings and minimize inhalation of
asbestos fibers.
1. Technical Assistance Program.
Since 1979. EPA staff have assisted
schools and other building owners in
Identifying and controlling ACM in their
buildings. Through a cooperative
agreement with the American
Association of Retired Persons (AARP).
EPA has hired architects, engineers, and
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Federal Register / Vol. 52, No. 210 I Friday. October 30, 1987 I Rules and Regulations
41 &
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 1985. based on
recommendations from recognized
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 project. 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 regulatory program. In the
Federal Register of May 27, 1982 (47 FR
23360), EPA issued a school
identification and notification rule
(hereinafter called the 1982 Asbestos-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 samples 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 findir gs. (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 Occupational
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, 1988(51 FR 22812).
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 OSH.A
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’. 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 U,
EPA had also initiated development of
two new guidance documents on
asbestos control. One document was
being developed to provide more
detailed guidance about assessing ACM
In buildings and selecting abatement
actions. A second document was being
developed to provide more detailed
guidance about practices and
procedures which should be included In
an operations and maintenance
program. Both documents had been
developed with the assistance of pane!
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 thi
rule.
Also, in 1986. EPA, in cooperation
with the National lnstitute for
Occupational Safety and Health
(NIOSH), U.S. Department of Health ant
Human Services, published “A Guide to
Respiratory Protection for the Asbestos
Abatement 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 a
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 8.
February 17 and 18. March 9 and 10.
March 26 and 27, and April 1 thru 3.
During the March 10, 1987, meeting, the
plenary session of the Committee
accepted two more parties on the
committee, one taking a seat
representing State attorneys general. the
other (representing big city schools)
sharing a seat with a previously seated
member representing big city schools.
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41828 Federal Regrster I Vol. 52. No. 210 1 Friday . October 30, 1967 I Rules and Regulations
Members of Negotiating Committee
The members of the negotia ng
comrruttee.and their interest represented
are as foUows
1. Allen Abend. Council of Chief State
School ornce .
2.. Bill Borwegen. Service Employees
International Union/Jordan .Barab.
American Federation vt State. County.
and Municipal Employees (school
service e nployee .
3. Dr. William Brown. ’Baltimore City
Schools/Michael ‘Young. New York City
Law Department (big city schools).
4. Brian Chrrstopher. Committee on
OccupationalSafety and Health.
5. Donald Ehsbtwg. Laborers
International Union and Laborers-ACC
Education and Training Fund.
6. l(elien 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 ICealy , 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. Lyon MacDonald. Sheet Metal
Workers international Association.
13. Claudia Mansfield. American
Association of School Administrators.
14. Roger Morse, American Institute of
Architects.
15. David Oulmette. •Colorado
Department of Health (States with
developing asbestos programs).
16. joel Packet. National Education
Association,
17. Robert Percival £nvirorunental
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 Spinamolo. Association of
Wall and Ceiling industries (tsbestoi
abatement contractors).
22. Susan Vogt. IJ.S. E.P.A.
23. john Welch. Safe Buildings
Alliance (former manufacturers of
asbestos products).
24. Margaret ZaleskL National
Association of State Attorneys General.
Facilitation Team and Executive
Secretary
Owen Olpirt. Consultant to EPA
Eileen B. Hoffman. Federal Mediation &
Conciliation Services
K3thy Tyson. U.S. E.P.A. lExecutrve
Secretary)
Leah Haygood. The Conservation
Foundation
Dan Dozier. Federal Mediation &
Conciliation Services
John Wagner. Federél Mediation &
Conciliation Services
The committee met in plenary
sessions as well as in four work groups.
Each work group focused on a cluster of
rila ted issues and reported to the
plenary on options and
recommendations. The plenary retained
all decision-making power of the
committee and often gave guidance to
work groups. Generally, for each day of
a plenary session, work groups
convened the day before to prepare
reports for ‘the plenary. Ncutral
facilitators were present at all work
group and plenary meetings In assist ‘the
negotiations in moving forward.
At the end of the 2-month negotiating
process on AprIl 3.1987, and after
extensive efforts, the committee was In
general agreement on the vast majority
of issues before it br the purposes of ‘the
proposal. Agreement to solicit further
comment about alternatives was often
important in developing provisions to be
included as proposals. At the close of
the negotiations, some Items remained
at issue and were not ‘subject ‘to
universal agreement These consisted of
the following definitions and response
actions for damaged and significantly
damaged ‘thermal system insulation
ACM (relates to being deemed
nonfriable ‘in the inspection section) and
damaged and significantly damaged
friable surfacing and miscellaneous
ACM. Also. ‘the definition of asbestos
debris and the nature of cleaning
practices (initial and routine) for friable
ACBM or damaged or significantly
damaged thermal insulation under The
operations -and maintenance section
were still at issue. While extending
negotiations beyond April 3.1987. rniy
well have enabled The committee-to
resolve these issues. ‘the Congressional
April 20.1987. deadline for issuing a
proposed role precluded this possibility.
Although Federal Rsgisterpractices
precluded The Agencyfrom highlighting
these issues in the text of the proposed
rule, the public docket contains a copy
of the proposed rule which clearly
identifies ‘the sections which contain
the,. mu’ssolved 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
represennitg of the 24 interests tented
on the committee signed these
stateiiic it . Members representing 4 of
the interests seated on the committee
did not -sign thestateme-nts. due to the
status of thrunresolved issues
described above. Mr. Paul Schur, a
coreprfsen’ta ’tive of states ‘with an
implemented asbestos program (an
interest that did’not sign). ‘signed in an
individual capacity. All committee
members. signatories and lion-
signatories alike, retained for
them,elves’and for then’ constituencies
all rights which bear’on the rulemaking.
including the right to comment fully
during the public comment period.
Notably. iignatanes 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 rules agreed-on
language was not necessarily ideal from
any one party’s perspective.
On April 17. 1987, the EPA
Admlnigtra tar signed ‘the ‘proposed rule
developed through the ‘negotiated
rulemaking ‘proposed rule
and-the final Model Accreditation Plan
were published in the Pederal Register
of April 30. 1987. EPA’s decision to use
the results of the negotiated rulemaking
process as a basis for a proposed rule
was explained in the April 30 document
(52 FR 15833).
‘The 60-day public comment period
ended on June 29. During this ‘time
period, EPA staff conducted 10 Regional
briefings ‘on the -proposed rule for State
officials and a number of additional
briefings for interested parties. ‘These
parties -included school administrators,
school board officials and building
owners. At the ‘conclusion of the -public
comment period. the Agency had
received over 170 comments on the
proposed rule.
Several comments received by EPA
requested the Agency to hold a public
hearing on the proposed rule. As a result
of these comments, EPA conducted
public hearings on August 25 and 26.
Over 25 individuals representing a
variety of groups testified before EPA.
The testimony and transcript from the
public hearingwere included in the
rulemaking’s docket
D. Basis for £ .4 ‘a Decision
After consideration of the proposed
rule and all theavidence 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 heist made from the
proposal to ‘reflect public comments. in a
number of cases EPA decided not to
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Federal Re istcr !Vol. 52, No. 210 / Fridov. Oct’her 30. 987 I Rile an Regul tILris
4182 3
make changes suggested by public
ccmrnents. The Agency discusses its
response either in this preamble or
elsewhere in the rulemaking dockeL
EPA has determined that the
regulations being announced in this
e lition of the Federal Register use the
kast burdensome methods which
p-otect human health and the
environment. This determination is
s . pported 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
I I.
EPA’s anaiysis 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
decisioninaking process established by
this rule needs to be implemented. This
process is based on the responstbility 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 decisionrnaking process ensures
that the costs associated with this rule
will be reasonable while protecting
health and the environment. EPA has
revised its costs somewhat from the
analysis in its proposaL but has not
changed its decision that these costs are
reasonable. The detailed revisions to the
Agency’s costs analysis are discussed
later in this preamble and in the
rulemaking record. Al ] 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 dollars
per school. Many schools, finding no
asbestos, will experience no hrther
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
$5.530 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 appear to
the individual school officials and local
communities to be somewhat less than
EPA’s economic analysis shows.
The decisioninaking 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.
II . 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 reizispections, sampling
and analysis. and assessment of
materials are discussed in Units 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 L explains requirements for
training and periodic surveillance, and
Unit I. explains air sampling
requirements for determining when a
response action has been completed.
Unit X 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. efinitions
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
appear 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 II. 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 ACEM
may also indicate damage. This
definition allows that, even though the
insulation is mareed. 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
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4 83O Federal J e ister / Voi. 52 Nc. 210 / Friday. October 30, 1987 / Rules and Re2uiations
damage. An accred ted 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
rule’s language by providing more
specific guidance on the physical
characteristics that may constitute
damage. Accredited experts will classify
material based upon a determmation of
damage and recommend appropriate
response actions ( § 788.85. 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 end adhesion (if
appropriate) properties as surf acing
materials. The Agency believes this
definition is sufficiently general to
provide a reasonable approach to
assessing damage to so wide a range of
materials.
‘Signiflcantly damaged friable
surfacing ACM” ii 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 783.35,763.63, and 763.93).
This definition s a function of two
major factors. The first factor deals with
extent, or scope. of damage across a
functional space. The Agency. in draft
guidance, suggested that damage evenly
distributed across one-tenth of.
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 expert’.
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 is 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 • preventive measure to
avoid disturbance.
EPA believes a wide range of
“preventive measures’ exist One
example Is the installation of a stop to
prevent a door from striking (and
damaging) thermal system insulation
ACM behind It. Another might involve
restricting access of a corridor with
surfacing ACM on a low ceiling. where
students continually marred and
vandalized the material. The problem of
high school students hitting the gym
ceiling with basketballs may be
eliminated by a policy prohibiting such
activities. If It can be effectively
implemented. LEM . in consultation with
maintenance staff and. U desired.
accredited experts, will Identify a
variety of creative and effective means
of eliminating potential damage or
significant damage to AC?I t
U. however such preventive measures
cannot be effectively implemented.
other response actions, including
removal, will be required. The Act is
clear that EPA. as part of Its rulemaking,
direct LEA to mitigate those
circumstances which involve potential
(or signifIcant damage.
Based on public comments. the
Agency added the terms “air erosion”
arid “vibration” to increase the
specificity of the “potential significant
damage” definition in the rule.
The “enclosure” definition requiring
an airtight. impermeable. permanent
barrier around ACBM to prevent the
release of asbestos fibers into the air
does not contemplate a vacuum.sealed
area which is impossible to access.
Instead, this definition, based on the
National institute of Building Sciences’
(NIBS’) “Model Guide Specifications,
Asbestos Abatement in Buildings.” July
18, 1986. is associated with precise
engineering specifications. found in
section 09251 and elsewhere in the
NIBS’ Model Guide, to construct
enclosures sufficient to prevent fiber
release. Also. this term, from the
standpoint of permanence, is not
intended to apply to mint-enclosures
described in the EPA worker protection
rule or Appendix B of the regulation, as
these enclosures are used temporarily
for repair or abatement activities.
“Functional space” is a term of art
used by the accredited expert to
appropriately characterize an area as
containing “significantly damaged
friable surfacing ACM” or “significantly
damaged friable miscellaneous ACM.”
The “functional space” may be a room.
group of rooms. or a homogeneous area,
as determined appropriate by the
accredited expert. Note that the
functional space includes the area
above a dropped ceiling as well as crawl
spaces.
C. LEA Gener& 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 framed as required by this
final ruit (3) workers and building
occupants are informed annually about
inspections, response actions. and post.
response action activities including
reinspections and periodic surveillance;
(4) short-term workers (e.g.. telephone
repair workers) who may come in
contact with asbestos in a school are
provided Information about locations of
asbestos.containing building material
(ACBM); (5) warning labels are posted
as required by this final rule: and (6)
management plans are available for
review and that parent, teacher, and
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Federal Register I Vol. 52. No. 210 / Friday. Oc .tol)er 30. 1987 / Rules and Regulations
41g3
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 ReinspecLions
‘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 nonfndble suspected ACBM,
determine friability by touching. and
either sample the suspected ACBM or
assume that suspected materials contain
asbestos. The inspector must then
develop an inventory of areas where
samples are taken or material is
assumed to contain asbestos. Finally.
the accredited inspector is required to
assess the physical condition of friable
known or assumed ACBM as required
under § 763.88.
2. 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. For all
inspection exclusions, areas previously
uientified 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
tl’e 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
wnere 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
dues 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 i . 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 ACflM
and shall determine by touching
whether nanfriable 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
management plan.
Section 763.85(c) states that thermal
system insulation that has retained its
structural integrity and that has an
undamaged protective lacket or wrap is
treated as nonfnable. Based on public
comments. EPA changed the wording in
this section from ‘deemed” nonf’riable to
“treated as” nonfriable.
E. Sampling and A .noiysis
1. Sampling. Section 763.86 permits
the LEA to assume that suspected
ACEM 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 nonfrtable suspected ACEM. EPA
anticipates most schools will assume
this material contains asbestos.
However, the final rule does not
preclude a school from sampling all of
its suspected ACBM. both friable and
nonfriable. Sampling of friable surfacing
materials should follow the guidance
provided in the EPA publication
Simplified Sampling Scheme for Friable
Surfacing Materials” (EPA 560/5—85—
030a). To determine whether an area of
surfacing material contains asbestos,
sufficient samples shall be taken in a
statistically random manner to provide
data representative of each
homogeneous area being sampled.
In most cases, sampling of thermal
system insulation requires an accredited
inspector to take at least three randomly
distributed samples per homogeneous
area. The final rule includes three
exceptions to this requirement for
sampling of thermal system insulation.
First. an accredited inspector can
determine through visual inspection that
the material is non-ACM (e.g..
fiberglass). Second. only one sample 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
nonfriable suspected ACBM, an
accredited inspector must collect bulk
samples in an appropriate manner.
2. Analysis. Section 763.87 requires
analysis of bulk samples by laboratorleE
accredited by NBS. En 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 753, Subpart F,
required analysis of bulk asbestos
samples by PLM and provides a protocol
for analysis in its Appendix A to
Subpart F. EPA requires use of the same
PLM method for this final rule. As it
develops the accreditation process for
laboratories performing analysis of bulk
samples. NBS will consider whether to
change the PLM protocol. If NBS
recommends changes. EPA will amend
this rule accordingly.
F 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 response actions.
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41832 Federal Register j Vol. 2. Nc. 210 1 Friday, October 30. 1937 1 Rules and Regulat ons
C. Management Plans
Section 763.93 requires LEAs to
develop an asbestos management plan
for each school under its administrative
control or direction. The plan must be
developed by an accredited asbestos
management planner. Some of the major
components required in the plan include:
A description of inspections and
response actions: an assurance that
accredited persons were used to
conduct inspections, develop
management plans, and design or
conduct response actions; and a plan for
reinspection, periodic surveillance, and
operations and maintenance.
Each LEA is required to maintain a
copy of the management plan in its
administrative office, and each school is
required to maintain a copy of the
school’s management plan in the
school’s administrative office. These
plans are to be made available for
inspection by the public without cost or
restriction. LEAs must notify in writing.
parent. teacher, and employee
organizations of the availability of
management plans upon submission of
the plan to the State and at least once
each school year. The requirement for
written notification was added after the
Agency reviewed comments from the
public. In addition, based on public
comments received on the proposed
rule, the Agency has included in the
final rule a requirement that in the
absence of any such organizations, the
LEA shall provide written notice to that
group (e.g., parents) of the availability of
the management plan.
Section 763.93 requires LEAs to
submit their management plans to their
States on or before October 12, 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 steps which shall be taken
to properly conduct and complete the
response actions.
The LEA Is required to select and
implement in a timely manner the
appropriate response action. The
response action selected shall be
sufficient to protect human health and
the environment. From among the
response actions that protect human
health and the environment, the LEA
may select the response action that is
least burdensome.
LEAs are required to use accredited
persons to design or conduct response
actions. Section 763.90 specifically
provides that nothing in the rule shall be
construed to prohibit the removal of
ACBM from a school building at any
time, should removal be the preferred
response action of the LEA.
Different response actions are
required for each of the five major
categories of damaged or potentially
damaged AcBM. These categories are:
1. Damaged or significantly damaged
thermal system insulation ACM.
2. Damaged friable surfacing or
miscellaneous ACM.
3. Significantly damaged friable
surfacing or miscellaneous ACM.
4. Friable surfacing or miscellaneous
ACM. and thermal 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. U It ii not feasible,
due to technological factors, to repair
the damaged material. It must be
removed. Further. the LEA must
maintain all thermal system insulation
in an intact state and undamaged
condition. If damaged friable surfacing
or miscellaneous ACM is present. the
LEA shall encapsulate. enclose, remove.
or repair the damaged area. After
selecting the appropriate response
actions that protect human health and
the environment, the LEA may consider
local circumstances. including
occupancy and use patterns within the
school building. and economic concerns.
such as short- and long-term costs.
When friable surfacing or miscellaneous
ACEM is significantly damaged. the LEA
must immediately Isolate the functional
space and then must remove the
material in the functional space. unless
enclosure or encapsulation would be
sufficient to contain fibers.
Response actions for ACBM with
potential for damage and potential for
significant damage emphasize O&M and
preventive measures to eliminate the
reasonable likelihood that damage will
occur. When potential damage is
possible, the LEA must at least
implement an O&M program. If there Is
potential for significant damage and
preventive measures cannot be
effectively implemented. response
actions other than OSM or area
isolation may be required.
Section 763.91 requires the LEA to
implement an operations. maintenance
and repair (O&M) program for any
school building in which friable ACBM
is present or assumed to be present in
the building. Any material identified as
nonfriable ACBM or nonlriable assumed
ACBM which is rendered or is about to
be rendered friable as a result of
activities performed in the school
building shall be treated as friable. For
example. if nonfriable ACBM wallboard
was about to be sanded, operations and
maintenance procedures would be
required. The O&M program. which must
be documented in the LEA management
plan, consists of worker protection
(summarized in Unit 11.1(4, cleaning,
operations and maintenance activities
(also in Unit U.K.), and fiber release
episodes.
An initial cleaning is required, which
employs wet methods and is conducted
- at least once after completion of the
inspection and before the initiation of a
response action other than an O&M
activity, in addition, the rule also
requires that an accredited management
planner make a written recommendation
to the LEA regarding whether additional
cleaning is needed. The
recommendation on additional cleaning
was added to the rule based on public
comments.
The final rule require; that O&M
activities (other than small-scale. shari.
duration activities) which disturb
asbestos shall be designed and
conducted by persons accredited to do
such work. (A discussion of what
constitutes small-scale, short-duration
projects is given In Appendix B to
Subpart E.) Finally, procedures are
provided for responding to fiber release
episodes—the uncontrolled or
unintentional disturbance of AcBM. For
minor episodes (I.e.. those involving 3
square or linear feet or less of ACBM).
basic cleaning and containment
practices for O&M staff are listed. For
larger amounts. accredited personnel
are required to respond.
1. Training and Periodic Surveillance
The LEA shall ensure that all
members of its maintenance and
custodial staff receive at least 2 hours of
awareness training. The LEA must also
ensure that staff who conduct any
activities which will disturb ACBM
receive an additional 14 hours of
training. Specific topics to be covered in
the 2-hour and 14-hour training courses
are listed in 763.92(a).
Section 763.92(b) requires periodic
surveillance to be performed at least
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411 133
once every 6 months. The LEA may use
unaccredited personnel such as
custodians or maintenance workers to
conduct surveillance activities. Penodic
surveillance requires checking known or
assumed ACBM to determine if the
ACB ’ .ts physical condition has changed
since the ldst inspection or surveillance.
The date of the surveillance and any
changes in the condition of the ACBM
must be added to the management plan.
/. Completion of Response Actions
After performing a thorough visual
inspection, air tesnng is used to
determine if a response action has been
completed ( 763.90(1)). Clearance air
monitoring will not be required for
small-scale, short-duration projects.
Phase Contrast Microscopy (PCM) is
allowed for response actions involving
260 linear or 160 square feet or less, the
amounts used to trigger removal
requirements under EPA ’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
comprising 3.000 square or 1.000 linear
feet or less. For 1 year after this, LEAs
may use PCM 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 PCM
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 in Appendix A to
Subpart E). then the removal is
considered complete.
Step three Is taken If the average
concentration of the sample. taken
inside the workslte 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
workaite is not significantly larger than
the average of five samples taken
outside the worksite. A statistical
comparison using the Z-Test must be
used to determine whether the two
averages are significantly different. (A
discussion on how to compare measured
levels of airborne asbestos with the Z.
Test is given in Appendix A to Subpart
E.) 11 the concentrations ire 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 Persons
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 II 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
removal, encapsulation 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 1928.58). 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
Stats plan. The EPA worker protection
rule Itself extended the same protections
as the OSHA construction standard to
asbestos abatement workers who are
employees of State and local
governments and who are not otherwise
covered by OSHA regulation or OSHA
approved State plans. This final rule
further extends these standards to O&M
workers who are LEA employees. These
regulations basically establish a
Permissible Exposure Limit (PEL) of 0.2
fibers per cubic centimeter (f/cm’) over
an 8-hour period for abatement project
workers exposed to airborne asbestos
and an action level of 0.1 f/cm’ 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 G in the
case of small-scale, short-duration
projects rather than comply with the full
worker protection standard. Appendix B
to Subpart E is an adaptation of OSHA’s
Appendix C and, thus, allows more
flexibility in dealing with minor (small.
scale, short-duration) projects.
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4 34 ederalRe icter/ r. 52. No. 2 0 / Friday , October 30. 1967 / Rules and Regtiatioris
None of the requirements of the
OSHA standard or the EPA worker
protectton rule would .applv if asbestos
concentrations are below the action
level (0.1 f/cm’). There are, however.
fairly sttingentseqtur. e ents establisned
by OSHA and adopted by EPA for
purposes of this rule to show that levels
are below this action level for any
activity. including srnall.scale. short.
duration projects. These requiremont
are discussed An *b. £oU wing
paragraphs.
Employers who have a workplace or
work operation covered by the EPA
worker protection rule must perform
initial monitoring to determine the
airborne concentrations of asbestos to
which employees may be exposed. If
employers can demonstrate that
employee exposures are below the
action level (0.1 f/cm’) by means of
objective data. then initial monitormg is
not required. U 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)(lii) of the worker
protection rule for employers who have
historical monitoring data is included in
recognition of the fact that many
employer’s 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 method. that are
sufficiently accurate and precise.
2. The processes and work practices
in use when the historical data were
obtained are essentially the same as
those to be used during the job for which
initial morutOring will not be performed.
3. The charactensti 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. Environmentej conditions prevailing
when the hl$toncel data were obtained
are the auie as for the job for which
initial monitoring will not he performed.
When OSHA ‘Isued the fmal asbestos
standard on June 20, i9g (51 FR 22064).
It published data fpom routine facility
maintenance whi “demonstrates a
potential for expo, of maintenance
personnel to exceeding
0.5 f/cm’ (fibers per cubic centimeter).”
OS 1-IA further stated:
With the exception of we! handling, which
is feasible in only very limited situations due
to problems such as electrical wiring, and the
use c i HEPA vacuums for the clean-up of any
debris generated during maintenance
activities, OSHA bebeves that there do not
appear to be any feasible engtneenng
controls or work practices available to
reduce these potential exposure to levels
below the 0.2 1/cm’ PEL and that respirators
will be required to comply with the 02(/cm $
PEL
LEAs are required, under the
provisions of * 763.91 of this rule, to
ascertain, through monitoring
procedures or historic monitoring data,
and to document that these levels have
not been reached.
Under 763.91, basic occupant
protection requirements are established
(regardless of air level) for any O&M
activity in a school building which
disturbs ACBM. Primarily, access must
be restricted, signs posted, and air
movement outside the area modified.
Necessary work practices shall be
implemented to contain fibers, the area
shall be properly cleaned after the
activity is completed, and asbestos
debri, must be disposed of in a proper
manner.
Section 763.95 requires the LEA to
attach warning labels immediately
idjacent 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 783.98 provides a procedure to
implement the statutory provision that a
State can receive a waiver from some or
all of the requirements of the final rule If
the State baa 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 Staie is located.
Within 30 days of receiving a waiver
request. EPA must determine whether
the request is complete. WIthin 30 days
after determining that.. 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. 11.
during the comment period. EPA
receives a written ob ection to the
States request or a written request for a
public hearing. EPA will schedule a
public hearing (as is required by TSCA
Title II) to be held in the affected State
after the close of the comment period.
EPA will issue a notice in the Federal
Register announcing its decision to
grant or deny, in whole or in part. a
request for waiver within 30 days after
the close of the comment period or
within 30 days following • public
hearing.
N. Record keeping
Section 763.94 requires that LEAs
collect arid 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 ir
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 IL section 207(a) provides
civil penalities of up to $5.000 per day
for violations of Title 11 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 falls 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 II.
section 10 provides civil penalties of up
to szs.ooo per day for violation, of Title
I of TSCA when a person other than an
LEA violates the final rule. Criminal
penalties may be assessed If any
violation committed by any person
(including a LEA) is knowing or willful.
The rule provides a process for filing
complaints by citizens and requires that
such complaints be investigated arid
responded to within a reasonable period
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41&s5
of time consistent with the nature of the
violation alleged.
P. Transport and Disposal
Section 203(h) of TSCA Title I I
requires EPA to promulgate regulations
which prescribe standards for
transportation and disposal of asbistos-
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
II. EPA had planned to use revised
NESHAP regulations on disposal of
asbestos waste to satisfy the
requirements of section 203(h) of Title I I.
However, completion of the NESHAP
revision has been delayed.
Accordingly. under section 204(a) of
Title 11. LEAs shall carry out the
requirements described in section 204(f).
Section 204(f) states that “the local
education agency shall provide for the
transportation and disposal of asbestos
in accordance with the most recent
version of the Environmental Protection
Agency’s “Asbestos Waste Management
Guidance” (or any successor to such
document).” Under TSCA Title I. section
15(1)(D), as amended by A1-IER.A 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 N’ESHAP as a proposed rule
under section 203(h) of TSCA Title 11 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 ( 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 sub ect 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 U 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 public and
private elementary and secondary
schools. Section 203 of Title U 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 LI 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 arid
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. Ef
certain schools such as vocational
schools have other types of asbestos
products in their buildings (e.g.
automobile brake linings) they may
want to voluntarily address these issues
in a fashion similar to the AHER.A
requirements.
2. Asbestos debris. A number of
comxnenters have sought to have dust
included in the definition of asbestos
debris. Some other conunenters favor
expanding the definition of asbestos
debris to include dust in the immediate
vicinity of friable ACM. Other
comznenters 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 debns the
flexibility for the accredited Inspectors
to determine dust to be asbestos
containing.
3. Significantly damaged friable
surfacing and miscellaneous ACM
Many corurnenters thought that
significantly damaged asbestos should
be defined to be damage that is either
extensive “or” severe, rather than
extensive “and” severe as in the
proposal. These commenters included
education groups and unions. They
believe that either condition can pose a
significant health threat.
The Agency disagrees with the
comments. Significantly damaged friable
surfacing and miscellaneous ACM must
refer to the most severely damaged
areas where the damage is also
widespread. Damage that is widespread
or only severe is of concern. but should
not necessarily require a response
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41836 federal Register / Vol. 2. No. 210 / Friday. October 30, 1987 / Rules and Re ulatiors
action of the same magnitude as those
situations where both are present.
4. Operations and maintenance. Many
commenters recommended that O&M
apply to all ACBM, not Just friable
ACBM. Some of these commenters were
primarily concerned with the need for
periodic surveillance of all ACBM, ‘not
just friable ACBM as suggested by the
proposed rule’s definition.
The Agency disagrees with the
recommendation to extend O&M to
nonfriable ACBM. Section 203(f) states
that O&M is for friable ACBM. Periodic
surveillance (see section 203jg) and
training requirements (see generally
section 206). however, apply to all ACM.
The final rule makes clear these
statutory distinctions. Section 763.91
dealing with O&M refers to friable
esbestas • 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
commenteâea these definitions. A
group representing former asbestos
manufacturers argue that the best
indicator of potential damage is
evidence of past damage. Some union
groups and State attorneys general
commented that in addition to
accessibility, potential significant
damage ought to include air erosion and
vibration as disturbance factors.
The Agency believes adding the terms
air erosion and vibration increases the
specificity of the rule and clarifies the
original intent of the proposed
regulation. As a result, the Agency
accepts the comments regarding air
erosion .and vibration and has added
definitions for each of these terms. EPA
believes that whether past damage is
the best indicator of potential damage is
irrelevant to defining potential damage.
As asbestos material ages, It may
become more susceptible to damage.
The Agency, accordingly, believes that
all circumstances must be considered in
assessing potential damage.
6. Repair and enclosure. A sizable
number of cornmenters 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 coinmenter 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 the proposed rule for the
LEA to designate a person to ensure that
the requirements of this section are
properly implemented. Some
commenters felt that this requirement
was unnecessary while other
cornmenters felt that the requirement of
the proposed rule was sufficiently
flexible to allow for differences in size
and capabilities of LEAs. Some
cornmenters 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. Comnienters felt that
this placed an undue burden on LEAs
and that the responsibility for this kind
of instruction for short.terrn workers
rests with their employer. EPA agrees
with these comments and has eliminated
this requirement while retaining the
provision that LEAs ensure that short-
term workers are provided information
about the locations of ACBM.
The potential for conflicts of interest
between accredited inspectors.
management planners, and persons who
design or conduct abatement actions
also was discussed by a variety of
commenters. Some commenters
suggested that EPA should require the
accredited persons to sign a conflict of
interest statement certifying no party
has a financial relationship with other
parties involved in the Inspection,
development of the management plan. or
performance of the response action. The
Agency recommends that LEAs consider
requesting a full financial disclosure
from all potential accredited
professions. It may be more efficient for
LEAs to use the same firm to conduct
the inspections and develop the
management plans to promote
continuity in the process. However,
LEAs should be wary of employing one
firm to develop both the management
plan and conduct response actions,
since the management planner’s
recommendations about response
actions could be influenced by the
potential profitability of the
recommendation. A similar conflict of
interest problem could exist when an
abatement firm and an air monitoring
firm 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
consid . ict of interest issues.
However, any resolution of such issues
is solely at the discretion of the LEA.
D. Inspectiaas 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
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4183
things. 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 resporisibilit es. 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 received comments about
the requirement for reinspection every 3
years by an accredited inspector. Some
cominenters 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
reirispection requirement to be
conducted by an accredited inspector is
necessary. The Agency is concerned
that an annual reinspection as suggested
by some commenters 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 remspection 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 unaccredited
personnel, is to note observable changes
in the condition of ACBM. For example,
a periodic surveillance check would
notice a water leak through an ACBM
ceiling. 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 coromenters 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 regulat.on. Others commenters
believed this is a misrepresentation of
the true nature of the material, which is
still friable under its coverrng.
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
property 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.
However, while the Agency considers
it inappropriate to “deem” or
characterize friable thermal system
insulation as nortfriable, 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.
E. 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 far 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
asbestos 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 leec
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 bulic
accreditation program is expected to be
operational in early 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 labors tories
which correctly identify four samples as
either asbestos-containing or
nonasbestos-containing. EPA announced
the availability of this program in the
Federal Register of September 3, 1987
(52 FR 33470). The deadline for
laboratory pa ation4n 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 then’ performance by letter in
December1987. Laboratories which did
not participate in the first round of
accreditation will be considered in the
second round of accreditation, which is
scheduled far April 1988.
F. Assessment
One comment regarding assessment of
the physical condition of the material by
accredited inspectors was that EPA
should require accredited inspectors to
give reasons for their assessment
conclusions. EPA agrees with the
comment. This requirement would
provide reviewers of management plans
at the State level with additional, useful
information In judging whether the
management plan accurately reflects the
condition of the school building. The
Agency believes the Increase in the
recordkeeping burden is small. As a
result. § 763.88(b) has been changed to
require the accredited inspector to give
written reasons for the decision to
classify ACBM.
Some cominenters suggested that
management planners should be
required to use one assessment method
in developing recommendations for
LEAs about response actions. These
coinmenters suggested a variety of
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41838 - Fecieta: ReQister d 2i. 52 c. 210 / Friday. October 30. 1987 / Rules and Regulatwns
algorithms and “decision tree’ methods
for consideration. Other comrnenters
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 recommendation: there
are a number of suitable assessment
methods available for use by accredited
management planners. EPA ’s
management planner accreditation
course will provide instruction about a
variety of such methods.
G. Response Actions
i. Protection of human health and the
environment in response action
selection. Several corrunenters.
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 I § 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. Coinn ’ients
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
envtl’orunezit. and slows the
consideration and selection of the least
burdensome method only after the
overriding health determination is made.
2. Air monA Wring for determining
response actions. Several commenters,
primarily from industry, encouraged the
establishment of air monitoring
standards as the primary basis for
hazard assessment. Most cornmenters.
however, supported EPA’s position in
the proposed rule.
Traditionafly, EPA has recommended
assessment of asbestos in schools by
visual evaluation of qualitative factors
such as the material’s condition.
physical characteristIcs, and location. A
careful examination of physical
characteristics of the material. -
conducted by a trained expert, provides
a direct method for determining both tne
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.
Further, when the costs and technical
requirements necessary for acquiring
truly meaningful air monitoring data are
considered, the Agency maintains that
assessment of qualitative factors
continues to be the appropriate method
for assessment of hazards and selection
of response actions which protect
human health and the environment.
However, air monitoring may provide
useful supplemental information, when
conducted in conjunction with a
comprehensive visual inspection.
Several industry commenters
proposed that EPA adopt air monitoring
standards for damaged and significantly
damaged ACM. The levels most often
proposed were 0.01 fibers per cubic
centimeter (f/cm ‘)for damaged friable
ACM, 0.1 f/cm for significantly
damaged friable ACM. with fibers
longer than S urn as measured by
transmiuion electron microscopy ITEM)
in each case. No commenters, however,
provided any substantive rationale for
choosing such levels. The Agency
believes that such standards used for
purposes of assessing asbestos hazards
could not ensure protection of human
health and the environment as intended
by TSCA Title Ii. As factors to be used
in determining whether response actions
are necessary, these numerical values
provide a false sense of precision
regarding the presence and severity of
asbestos hazards and the
appropriateness of a given response
action. For the same reasons cited in the
above discussion of the use of air
monitoring, the Agency disagrees with
the suggestion that a numerical standard
is appropriate as the primary criterion
for selection of response actions.
3. Specificity in definitions related to
response actions. Many comntenters felt
that mote 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 desaiptions. In this analysis,
EPA’s own regional asbestos
coordinators varied greatly in their
estimates of what percentages of
materials in schools in their regions fell
into the various damage conditions
described USTSCA Title U.
lit 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 wil 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 environmenL
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 orncials 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 “only” oppropriotn
response action for significantly
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41 1 13
damaged ACM. Several State attorneys
general, among several other
cornmenters, contended that ‘(l)n cases
of significant damage. the only
appropriate response is to remove the
matenal, 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. Implementation of response actions
in a timely fashion. Several commenters
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
LEAs 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. LEAs, in the context of
particular asbestos hazards. in
consultation with accredited experts
and in full view of school-community
groups. are responsible for determining
appropriate schedules for their asbestos
response actions.
However. LEAs should be advised
that in providing “a schedule for
beginning and completing each
preventive measure and response
action’ as required in § 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 end 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 way. 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 clearvnce 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
rnonitorrng. Comments dealt with issues
that included the possible uses of each
of these analytical methods for
clearance air monitoring, as well as
issues specific to the use of TEM.
The final rule sets forth TEM as the
analytical method to be used for
analysis of samples taken for clearance
air monitoring although the TEM
requirement will be phased-in gradually.
EPA convened a committee of leading
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.
PCM analysis must be made using the
latest version of the NIOSH 7400
method. Two other methods of PCM
analysis were considered: the OSHA/
EPA Reference Method (OEM) 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
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thin fibers found at abatement sites.
EPA research data has shown that PCM
is often inadequate for post-abatement
monitoring of airborne asbestos. These
data indicate that sites which were
shown to be clean with PCM data were
found by TEM data to be still
contaminated. Therefore. reoccupancy
of sites initially cleared by PCM, and
thus, assumed to have been adequately
cleaned, may in fact result in exposures
to asbestos.
SEM. for purposes of this rulemaking,
was determined to be inadequate for
building clearance for the following
reasons: (1) Currently available
methodologies are not validated for the
analysis of asbestos fibers; (2) SEM is
limited in its ability to identify the
crystalline structure of a particular fiber.
(SEM analysis is therefore confined to
identification of structures by elemental
composition and morphology); (3) recent
studies conducted by NBS have
evaluated several types of scanning
electron microscopes and the variability
between these instruments. (NBS has
found the image contrast of the
microscopes is difficult to standardize
between individual scanning electron
microscopes); and (4) currently no
laboratory accreditation program exists
for accrediting SEM laboratories. EPA is
aware of two methodologies for SEM; a
draft method currently in its initial
review by the American Society for
Testing and Materials (ASTM) and an
Asbestos International Association
(ALA) protocol. Neither method has been
validated. Additionally, NBS has
determined that the AlA method has
inherent difficulty when examining
certain types of asbestos.
Currently. a laboratory accreditation
program is in development for TEM by
NBS. Additionally, the 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 SEM 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 10.i. For the purpose of
TEM measurement by the methods in
Appendix A. any elongated particle
having a minimum length of 0.5 m.
_nar !lel 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 s 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. or example, gypsum, have
aspect ratios of less than 5:1. Analysis of
these rionasbestos 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
‘rEM building clearance, fibers must
have an aspect ratio of at least 5:1.
8. Phase-in period for TEAl. Several
com.menters asked that the phase-in
period for requiring TEM analysis be
lengthened, abbreviated, or eliminated
altogether. EPA believes the 3-year
phase-in period for requiring TEJ 4 for all
but the smallest abatement jobs allows
commercial laboratories the necessary
time to purchase and set up additional
‘rEM instruments. In December
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 28 public
hearings for this rulemaking as well as
information gathered by EPA staff,
indicate that many laboratories
intended to purchase additional ‘rEM
equipment. In addition, several
laboratories own more than one
transmission electron microscope.
EPA believes that an increased
demand for ‘rEM 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 ‘rEM 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-
scale-short ‘duration” activities. Several
commenters. particularly union groups,
advised the Agency to increase worker
protection standards and alter the
definition and requirements for small-
scale. short-duration projects (as
defined by Appendix B to Subpart E)
prescribed by the Occupational Safety
and Health Administration’s (OSI -IAs )
and EPA’s relevant worker protection
regulations. in particular, comments
focused on permissible exposure limits
(Pa). 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 O$IM workers. EPA continues in
this belief and no comrnenters have
indicated substantive reasons why the
OSJ-IA protections should not be
followed.
Therefore, the Agency does not intend
to reassess the OSHA determination
with respect to issues such as PEL, the
use of historical air monitoring data.
respiratory protection, and the
allowance of glove bag removal. EPA
will, however, change the provisions of
Its worker protection rule (and hence,
this regulation) to conform with any
modifications subsequently adopted by
OSHA.
Finally, with regard to the definition
of “small-scale, short-duration”
activities, the Agency provides further
clarification of the OSHA definition in
Appendix B to Subpart £ by adding five
additional points which may be used to
define such projects. EPA believes these
additional considerations are instructive
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41831
and useful, but will not require their
consideration in defining “small-scale,
short-duration” activities.
2. Respir ’atory protection. Many
organizations, in their comments.
advocated the mandatory use of
respiratory protection for all operations
and maintenance O&M work which
might affect asbestos-containing
materials ACM.
Once again, the Agency maintains
that OSHA is the most appropriate
Federal agency for determining worker
protection regulations policy. including
appropriate respiratory protection, and
EPA finds that OSHA’s respiratory
protection regulations which govern
O&M workers in the private sector are
equally relevant in schools. EPA does
not intend to reassess the OSHA
determination in this regard.
However, the regulation does require
specific respiratory protection training
for all O&M workers who conduct any
activities which will result in the
disturbance of ACM. Such training must
include: (1) Notification of information
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 1988 (EPA—560/
OPTS—8&-OO1); 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
respirator. 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 OSI-IA
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 cieaning. Several
commenters, particularly the State
attorneys general and the unions,
recommended that the Agency require
routine or periodic cleaning in areas
with friable ACM, as outlined in the
EPA Purple Book.
The Agency has traditionally
recommended, as a prudent measure,
routine cleaning by wet methods in
school areas with asbestos-containing
materials, particularly when they are
friable. Monthly wet cleaning has been
recommended in previous EPA guidance
for areas where friable surfacing ACM
is present and semiannual wet cleaning
is suggested in areas with damaged
thermal system insulation ACM.
Other commenters stated the belief
that improper cleaning on a regular
basis might disturb the material and
could actually increase fiber levels in
the air. Further, periodic cleaning in
limited-access areas, such as pipe
tunnels, would not appreciably reduce
exposure to school occupants and might
actually increase hazard to custodial
workers who conduct the cleaning.
EPA ii 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 aub ect of numerous comments
from various parties. In general.
cornmenters urged that the contents of
the plan not exceed the items required
in the statutory language of Title fl. EPA
believes that the language of Title Ii
regarding management plans was made
very prescriptive to enhance
accountability, aid review by States,
and improve enforcement of the
regulation. The Agency has determined
that the additional requirements in the
regulation are consistent with the intent
of the Act and that the additional
information will be useful to parents.
employees, accredited persons, State
reviewer., and EPA enforcement
officials.
The manner in which parents and
employees should receive notification
about the availability of asbestos
management plans was the subject of
many comments. In general. LEAs and
school administrative groups favored
the flexibility provided under the
proposed rule. which allowed LEAs to
notify parent and employee
organizations without specifying the
exact form of notification. Other
commenters auch as educational
associations and environmental groups
preferred written notification to
individual parents and employees as a
way of ensuring full awareness of the
availability of the plan. EPA has
modified this provision of the final rule
to require written notification to parent
and employee organizations. or. in the
absence of such organizations, written
public notice regarding plan availability.
(Notification in the absence of the
organizations could be in the form of a
newspaper ad. an article in an LEA
newsletter or various other forms.) The
change provides a means of notification
that should increase awareness of the
plan. retain flexibility of LEAs regarding
the exact form of the notification, and
aid efforts to enforce the notification
provisions.
Some commenters suggested that
there is no need to notify parents of the
availability of the plan. Title II. section
203(i)(5). states that the LEA “shall
notify parent, teacher, and employee
organizations of the availability of such
plan.”
Comments were also received
regarding the need for an annual
notification requirement even though the
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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
cornmenters suggested that annual
notificanon about the plan should
irtrdnde any asbestos abai.emenx
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.
cornxnentere suggested the pLan required
to be maintained at the individual
school should not be the plan for the
entire LEA. but only the plan for that
school. The final rule has been clarified
to specify that a school nee to have
available only that part of the LEA’s
plan which pertains to that school.
Annther comment regarding access to
the plan me from private school
groups interested in linuting access to
parents. students. and employees,
thereby excluding the general public.
EPA believes that this is contrary to
Title LI. 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.
1. State Waivers
Commenteri suggested that the
opportunity for a public hearing
regarding a State’s request for waiver
should be granted upon request. rather
than in response to a written request
which details specific objections, as
required in the proposal. EPA believes
that by requiring a written statement, it
is ensuring that hearings have been
requested for a valid reason, thereby
discouraging individuals from arbitrarily
or capriciously requesting a hearing.
Comments were also received which
suggested that documents submitted by
States seeking waivers should be made
public. State waiver requests will be
made available as pan of the public
rccord 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 ills
clear in limiting waiver requests to
States which have established and are
implementing a program of asbestos
inspection and rnanagenient
Commeniers suggested that waivers
should be granted to programs which
are “substantially equivalent” to the
regulation. rather than “at least as
stringent.” Section 203(m) of Title II
clearly states that waivers are to be
granted to programs “at least as
stt ’ingenL”
Comnieuters suggested that Stales
with programs reqwnng 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 U
allows States which require inspection
of friable materials in a manner at least
as stringent as section 203 of Title LI to
be granted a waiver. The LEA of that
State would still be required to comply
with the Title L i requirements for
inspection of nonfriable mat iais as
well as. all other Title U requirement.. for
which the State did nothave a program
at least as stringent.
Other comments on the S&Me waiver
provisions will be considered as they
are raised in proceedings affecting
individual States.
X, Exclusions
Comments on the proposed exclusion
criteria ranged from general support to
opposing any exclusions. Some
commenters indicated EPA’s 1982 rule
was frequently not complied with. dealt
only with friable ACM. and the
Inspectors were not required to have
accreditation. As a result these
commenters believe few if any
exclusions could be granted based on
the 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 comznentera suggested that
requiring an accredited inspector to
determine whether the LEA qualifies for
nn 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 LEA were required to
rcpcat actions conducted properly in the
past. the Agency would place an
unnecessary b’.nden on thnae LEAs and
penalize LEAs which maae 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 I I. In addition. LE.As
that complied with EPA’, 1982 rule
could receive an exclusion front part of
the final rule’s requirements. For
example, friable material sampled and
found to contain asbestos on the ceiling
of the cafeteria would not have to be re-
sampled. Although friable ACBM must
be assessed even if previously
identified, the above example tThirtrates
a savings to the LEA.
“Substantial compliance” allows
previous sampling that was done in a
random manner with. sufficient samples
to be adequate to dp1 rmin no ACEM is
present. EPA believes previous adequate
inspection and sampling efforts
conducted by LEA.. 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 1.982 rule or a
State law, and all. samples were
analyzed negative for asbestos. an
accredited u pectormay determine that
this is sufficient to indicate no asbestos
is present even though the current rule
would require five samples for the seine
classroom.
EPA believes only an accredited
inspector ha. the training necessary to
determine whether previous mspecnons
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 pm’pose of TSCA Title I I.
I Enforcement
Some commenters 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. LEA.. that violate the
regulations under Title 11 are not liable
under any enforcement provision of
Title I. Second. Title U 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
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416
are in accordance with applicable law,
as discussed below.
Section 3 of AHERA. “Technical and
Conforming Amendments,’ amends
section 15(1) of TSCA Title I to provide
that it is unlawful for any person to fail
or refuse to comply with any
requirement of TSCA Title II or any rule
promulgated or order issued under Title
II. Therefore, violations of Title 11
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 II 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 I or the
injunctive provisions of section 17 of
Title 1. 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 II.
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 11 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 II regulations are
subject to any of the penalties under
Title I. and responsible LEA officials
may be liable for any LEA violation of
Title II. Third, the effect of the
conforming amendments to TSCA Title I
is that criminal penalties may be
assessed for violation or Title II.
M Other Issues
1. Cost estimates for inspection.
Several commenters, ranging from
school districts to independent
consultants. expressed concern that the
economic impact analysis of the
proposed rule underestimated the cost
of inspecting for ACM. Comments
claimed that labor rates and time
required to conduct inspections were too
low.
EPA agreed with these comments. As
a result the Agency’s estimates for the
final rule increased due to an update of
unit labor costs and a small increase in
the time estimated to perform several
inspection activities. 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 analy 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 soinmenters
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 cornmenters
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
$4,460 for a private school. The total
cost for development and
Implementation of management plans
increased from $970.8 million in the
proposed rule to $1,272 million in the
final rule.
With respect to the cost to States of
reviewing management plaits. 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 S642 .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. if it must review many plans.
may be substantial. However, this
burden is imposed by statute.
3. Costs for operations and
maintenance (O&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 school
are not run like a business and would
not charge themselves overhead. In
addition, the comment argued that
EPA ’s assumed rate of three minor fibc
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 usec
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 attributabk
to an O&M program. EPA believes that
these estimates of indirect rates are
reasonable.
EPA slightly modified its assumptiom
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& /
co st s. EPA believes that these costs are.
indeed, a real cost of conducting 08 CM.
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 08CM 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 conawnables and has adjusted
the 08CM costs accordingly. This yields
a fairly substantial drop in per school
annual expenses for 08CM programs.
The reason for the decrease in 08CM
costs noted below is almost entirely due
to this decrease in cost of consumables.
The final rule’s costs of 08CM
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 school and $3,800
for a private school. The total 08CM
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. Commenters
argued that cost estimates In the
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‘ B4 F d :aj Re ter / V& 5 N i. 10 / Friday, Oc ber 3( , ‘ 98 ’ I Rules and Regul’ions
proposal for removal proqecrs were
incorrect because they assumed
replacement costs and post-abatement
air monitoring for asbestos materials
removed during building demolition
These errors have been corrected in the
final cost estimates.
in addition. EPA assumed in the
proposai that all post-response action
air samples woold be analyzed u.sirig
TEM. Since the rule allows limited PCM.
the costs of response actions have
decreased accordingly. This cost
decrease is approximately $4..000 ut
direct expenses per project for those
projects using PCM.
Total costs for rerno ,al, enclosure and
encapsulation projects have decrease4
from $1,587.8 million in the proposal to
82.431 million in the final rule.
5. Risk related to. asbesto.s in
buildings. Comments argued that EPA
did not adequately assess the evidence
relating to the harm caused by asbestos
in schools. Specifically, they claim that
EPA ’s assessment of nsk [ or 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 A.gency (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 ag/rn ); and (3)
did not consider documentation that
asbestos exposures after major
abatement, especially removal. may not
be reduced at all and may even by
elevated. Had such evidence been
considered. according to one of these
comments (Safe Buildings Alliance).
EPA would have come to the conclusion
that operations and maintenance
programs are. in almost all schools, the
appropriate response action to protect
health and the environment. This
evidence is cited to support the position
that protection of health and the
environment requires specification of an
airborne exposure level of protection.
EPA disagrees that the evidence cited
in these comments supports the need for
an airborne asbestos standard c i
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 his noted elsewhere in
this preamble the problems with air
monitoring as the primary assessment
tool for asbestos in schools.
Furthermore, no comments have
provided any substantive health based
justification for choosing any airborne
level as an appropriate level to protect
public health from asbestos in schools.
Nevertheless, EPA believes that the
rule accomplishes the goals of these
cornmenters to ensure that unnecessary
removal activities do not occur. indeed,
one of these cornmenters (Safe Buildings
Alliance) specifically stated that it
believes removals could typically be the
response action if the rules were
incorrectly applied. The rules, however,
are not designated to prefer one
response action over another. but to
allow schools the flexibility to deal with
their particular situations. Certainly.
asbestos in many schools may not
present significant risks in its current
condition, but could cause considerable
harm if not dealt with properly. Also,
there are plainly schools in which
serious measures would be needed
immediately. In this context the
evidence cited by the comments is
supportive of EPA’s rule, as discussed
below.
With respect to the potency of
asbestos. EPA has decided that for
purposes of this rule there is no need to
resolve the divergence of opinion. See
preamble to Proposed Rule. 5.2 FR 15833.
in arty event. EPA has considered
differing views on asbestos health
effects in other proceedings (see. e.g.. 51
FR 3728 eL seq.. January 29. 1986) and
cor! rnenters have not presented new
evidence. The important point for
purposes of this rule. is. that varying
local circunt.szances will drive the
decision on the appropriate response
action.
With respect to asbestos p0mm.
EPA acknowledges that many building
air measurements show low prevailing
levels. However, peak levels during
serious disturbances can be .xxremely
high and may cause very serious risks to
individuals involved. Regardless of the
actual average mum.eemeats in all
schools, regardless of whether one
accepts the levels used by EPA in its
assessment or the levels presented by
the commeeters. the basic structure of
the rule sbonld not be changed.
Assessment of all the evidence leads to
the conofusion that local educational
agencies should at least adopt
operations and maintenance programs
and institute more serious response
actions if local conditions wvrant. The
levels EPA used in its risk assessment
are actual measurements (see. e.g.
‘Measuring Airborne Asbestos Levels in
Buildings.” EPA 560/13-80-(J ;
“Airborne Asbestos Levels in Schools.”
EPA 560/5—83—003) and are reasonable
for purposes of decisionmaking iii 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 rnterprets data on
airborne Levels of asbestos before and
after removal actions differently from
the commenters. The information
available vn airborne concentrations
before and after asbestos removal is
actually limited, dP-atillg 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 Batefle (March
1987) shows significant reduction in
airborne asbestos concentrations in the
enclosed abatementarea in schools
iinmediatel after removal operations.
Airborne levels measured in the Batelle
study did increase back to
approximately the same as pre-removai
levels after school resumed (based on a
statistical analysis of pre- and post-
removal Ievelsj. However, these Levels
could only have been the result of
reerttrainment of asbestos (ros a outside
the immediate removal area. Removals.
thus, were successful at the removal site
but could not guarantee no fiber release
from asbestos’contaixuing 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 Batalla draft may indicate a need for
continuing O&M progrems following
abatement. particularly where all
asbestos is not removed.
8. Model occredi on plan. EPA
received onmnssen abost the provisions
of the Model Accreditation Plan
required under section 6 of TSCA
flUe B. Under Title IL the Agency was
required to submit a final Macel
Accreditation Plan by April l. 1887.
The final plan was issued by EPA in
accordance with that deadline. The final
plan appeared in the Fades.! Resister of
April 30, 1987, entitled “Asbestos-
Containing Material in Schools: Model
Accreditation Plan”
W.Eonoa i t ” p t
The economic impact analysis
estimates the incrememii casts
attributable to the proposed regulation.
including costs of inspection, sampling.
development, arid implementation of
management plans. trairnng 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
1964 EPA survey of asbestos in schools
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and data compiled from the Asbestos
School Hazard Abatement Act
(ASHAA) loan and grant program.
Estimates of the percentage of asbestos
which falls into each of the hazard
categories were based on the results of a
surve of the EPA ’s Regional Asbestos
Coordinators (RACs).
Using a model school/model project
approach. costs of inspection, sampling,
and appropriate response actions were
developed for schools with ACM in each
of the different hazard categories. For
schools with only nonfriable ACM. the
only costs estimated were for
management plan implementation,
nominal plan implementation activities,
training of the asbestosprograrn
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 to
project an average annual rate of
removal of asbestos that is sinned
would have occurred even if TSCA Title
11 legislation and these regulations were
not promulgated. That.average .nnual
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 rernovalaf
friable ACM ‘prior to demolition thatis
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 $3145 million. (using a 10
percent discount rate) over 30 years.
This includes the cost of initial
inspection and sampling—.S78 5 million;
development and implementation of
management plans—$1.272 million;
periodic surveillance—$47.7 million;
reinspection—$23.2 million; special
operationsand 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 44600 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. It is likely that every school
contains some amount of nonfriable
ACM such as floor tile, transite board,
and fire doors.
The cost of an asbestos inspection is
estimated to range from S1.144 to $1,627
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 systemsinsulation
ACM is present is estimated to range
from S1,025 for an average-size public
primary school to S1.420 for an average-
size public secondary school. These
estimates are weighted averages of the
costs of plans developed by trained
school personnel and by outside
consultants. A less extensive
management plan would 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 forachool maintenance workers
who may come in contact with’asbestos
in doing minarrepairand maintenance
work.that disturbs asbestos’is estimated
to cost $250. A fee of $420Isestimated
for the 24 hours of training required for
the certification of asbestos abatement
workers doing mare than just minor
repair and small glove-bag removal jobs.
The fee for the 40-hour training course
and certification required for asbestos
abatement contractors is estimated to be
$640.
/ R ies and Re ula i is 4j84
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 S3.800 for a
typical public primary school to S5.100
for a typical public secondary schoo
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 cont inents 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.
Federal Re istur / V&. 5 , No. 210 / Friday, ft’tober:O, 19
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41846 Federal F iste: / Vo fl N3. 210 I Friday. October 30. 1987 / Ruler and Re ulat 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
Surfacrng 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 G.
VII. Regulatory Assessment
Requirements
A. Executive Order 12291
Under Executive Order 12291. EPA
has determined that this rule is a
“major” rule and has developed a
Regulatory Impact Analysis. EPA has
prepared an economic impact analysis
of the TSCA Title II regulations.
B. Regulatory Flexibiit,v 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. PoperworA 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 Pat 763
Asbestos. Environmental protection.
Hazardous substances. Incorporation by
reference, Occupational health and
safety. Recordkeeping. Schools.
Dated: October 17. 1987.
Lee M. Thomas,
.4dmin ,strvtor.
Therefore. 40 CFR Part 763 is
amended as follows:
PART 763—(AMENDEDJ
1. The authority citation for Part 763
continues to read as follows:
Authorfty is u.s.c. 2605 and 2507(c).
Subpart £ also issued under 15 U.S.C. 2541,
2643. 2648. and 2647.
2. By adding § 763.80 through 763.99
and Appendices A. B. and D to Subpart
E to read as follows:
Subpart E—Asb.stos-Contamlng Matenals
In Schools
Sec.
763.80 Scope and purpose.
763.83 Definitions.
763.84 General local education agency
responsibilities.
763.85 Inspection and reinspections.
763.86 Sampling.
763.87 Analysis.
763.88 Assessment
763.90 Response actions.
763.91 Operations and maintenance.
763.92 Training and penodic surveillance.
763.93 Management plans.
763.94 Recordkeeprng.
763.95 Warning labels.
763.97 Compliance and enforcement.
763.98 Waiven delegation to Stale.
763.99 Exclusions.
Appendix A to Subpart E—Interirn
Transmission Electron Microscopy
Analytical Methods—Mandatory and
Noninandatory—and Mandatory Section
to Determine Completion of Response
Actions
Appendix B to Subpart E—Work Practices
and Engineering Controls for Small-
Scale. Short-Duration Operations
Maintenance and Repair (O&M)
Activities Involving ACM
. . . . .
Appendix D to Subpart E—Transport and
Disposal of Asbestos Waste
763.10 Scope and purpose.
(a) This rule requires local education
agencies to identify friable and
nonfriable asbestos-containing material
(ACM) in public and private elementary
and secondary schools by visually
inspecting school buildings for such
materials, sampling such materials If
they are not usunted 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 States
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 reprn 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 CFR Part 173,
Subpart J) and disposal is covered by
the National Emissions Standards for
Hazardous Au’ Pollutants (NESHAP) (40
CFR Part 61. Subpart M).
753.33 DefInItIons.
For purposes of this subpart
“Act” means the Toxic Substances
Control Act (TSCA). 15 U.S.C. 260’l. et
seq.
“Accessible” when referring to ACM
means that the material is subject to
disturbance by school building
occupants or custodial or maintenance
personnel in the course of their normal
activities.
“Accredited” or “accreditation” when
referring to a person or laboratory
means that such person or laboratory is
accredited in accordance with section
206 of Title II of the Act.
“Air erosion” means the passage of
air over friable ACBM which may result
In the release of asbestos fibers.
“Asbestos” means the asbestiforin
varieties of: Chrysotile (serpentine);
crocidolite (riebeckite): amosite
(cummingtonitegrunerite); anthophyllite;
fremolite: 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
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Federal Registcr / VoI.5 . . .10/ FFlday, O bcr O , 19l I Rules and Regulations
4 ’847
inadequate or whichfor 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
damá’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 surfacing ACM whieh bas
deteriorated or sustained physical injury
such that the internal structure
(cohesion) of the material is inadequate
or which has delarnjnated 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 cA the ACM surface; water
damage; significant or repeated water
stains, scrapes. gouges. mats or other
signs of physical injury on the ACM.
Asbestos debris originating from the
ACBM in questian..may also indicate
damage.
“Damaged or significantly damaged
thermal system insulation ACM” means
thermal system insulation ACM on
pipes, boilers, tanks, ducts, and other
thermal system insulation equipment
where the insulation has lost its
structural integrity, or its covering, in
.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.surroundg
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 encapaulant).
“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 ACOM resulting in visible
emission
“Friable” when referring to material in
a school building means that the
material, when dry, may be crumbled.
pulverized, or reduced to powder by
hand pressure, and includes previously
nonfriable material after such previously
nonfriable material becomes damaged
to the extent that when dry it may be
crumbled, pulverized, or reduced to
powder by hand pressure.
“Functional space” means a room.
group of rooms, or homogeneous area
(including crawl spaces or the space
between a dropped ceiling and the floor
or roof deck above), such as
classroom(s),.a cafeteria. gymnasium,
hallway(s), designated by a person
accredited to prepare management
plans, design abatement projects, or
conduct response actions.
“High-efficiency particulate air”
(HEPA) refers to a filtering system
capable of trapping and.retaining at
least 99.97 percent of altznonodispersed
particles 0.3 m in diameter or larger.
“Homogeneous area” means an area
of surfacing material, thermal system
insulation material, or miscellaneous
material that is uniform in color and
texture.
“Local education agency” means:
(1) Any local educational agency as
defined in section 198 of the Elementary
and Secondary Education Act of 1965
(20 U.S.C. 3381).
(2) The owner of any nonpublic,
nonprofit elementary, or secondary
school building.
(3) The governing authority of any
school operated under the defense
dependents’ education system provided
for under the Defense Dependents’
Education Act of 1978 (20 U.S.C. 921, et
seq.).
“Miscellaneous ACM” means
miscellaneous material that is ACM in a
school building.
“Miscellaneous material” means
interior building material on structural
components, structural members or
fixtures, such as floor and ceiling tiles,
and does not include surfacing material
or thermal system insulation.
“Nonfriable” means material in a
school building which when dry may not
be crumbled, pulverized, or reduced to
powder by hand pressure.
“Operations and maintenance
program” means a program of work
practices to maintain friable ACBM.III
good condition, ensure clean up of
asbestos flbe!rs”previoujly 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 art 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 delarnina ted
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 ACEM
from a damaged area, a functional
space, or a homogeneous area in a
school building.
“Repair” means returning damaged
ACEM 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
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52 No. 210! Friday. Oc:ober 3G. 1 G ’ ules a id Re tat .ns
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 A BM which may
result in the release of asbestos fibers.
763.54 General local ducation agency
respons lbiliti.s ,
Each local education agency shall:
(a) Ensure that the activities of any
pursons who perform inspections,
reinspections, and periodic surveillance,
develop and update management plans,
and develop arid 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’rnployees are properly
trained as required by this Subpart £
and other applicable Federal and/or
State regulations (e.g.. the Occupational
Safety and Health Administration
asbestos standard for construction, the
EPA worker protection rule, or
applicable State regulations).
(c) Ensure that workers and building
occupants. or their legal guardians, are
informed at least once each school year
about inspections, response actions, and
post-response action activities, including
periodic reinspection and surveillance
activities that are planned or in
progress. -
(d) Ensure that short-term workers
(e.g.. telephone repair workers, utility
workers, or exterminators) who may
come in contact with asbestos in a
school are provided information
regarding the locations of ACBM and
suspected ACEM assumed to be ACM.
(e) Ensure that warning labels are
posted in accordance with § 763.95.
(f) Ensure that management plans are
available for inspection and notification
of such availability has been provided
as specified in the management plait
under § 763.93(g).
(g)(1) Designate a person to ensure
that requirements under this section are
properly implemented.
(2) Ensure that the designated person
receives adequate training to perform
duties assigned under this section. Such
training shall provide, as necessary,
basic knowledge of:
(i) Health effects of asbestos.
(ii) Detection, identification, and
assessment of ACM.
(iii) Options for controlling ACEM.
(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 US.
Environmental Protection Agency.
(in) 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 k up.ction and rslnspection&
(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 ill locations of friable and
nonfriable ACEM.
(2) Any building leased or acquired on
or after October 12, 1988, that is to be
used as a school building shall be
inspected as described wider
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 § 763.99. each
person performing an inspection shall:
(i) Visually inspect the area to identify
the locations of all suspected ACBM.
(ii) Touch all suspected ACBM to
determine whether they are friable.
(iii) Identify all homogeneous areas of
friable suspected ACEM and all
homogeneous areas of nonfriable
suspected ACSM.
(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 ACEM, 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.
(3) 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.
fE) Assessments made of friable
materidi, the name and signature of each
accreUi :ed inspector making the
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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 nonfriabje known or
assumed AC8M in each school building
that they lease, own, or otherwise use as
a school building.
(2) Each inspection shall be made by
an accredited inspector.
(3) For each area of a school building,
each person performing a reinspection
shall:
(i) Visually reinspect, and reassess,
under 763.88. the condition of all
friable known or assumed ACEM.
(ii) Visually inspect material that was
previously considered nonfriable ACBM
and touch the material to determine
whether it has become friable since the
last inspection or reinspection.
(iii) Identify any homogeneous areas
with material that has become friable
since the last inspection or reinspection.
(iv) For each homogeneous area of
newly friable material that is already
assumed to be ACBM, bulk samples
may be collected and submitted for
analysis in accordance with § § 763.86
and 763.87.
(v) Assess, under * 763.88, the
condition of the newly friable material
in areas where samples are collected,
and newly friable materials in areas that
are assumed to be ACBM.
(vi) Reassess, under * 763.88. the
condition of friable known or assumed
ACBM previously identified.
(vii) Record the following and submit
to the person designated under § 763.84
a copy of such record for inclusion in the
management plan within 30 days of the
reirispection:
(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) Generci. 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
meastires as necessary.
§ 763.86 Sampling.
(a) Surfacing material. An accredited
inspector shall collect, in a statistically
random manner that is representative of
the homogeneous area, bulk samples
from each homogeneous area of friable
surfacing material that is not assumed to
be ACM, and shall collect the samples
as follows:
(1) At least three bulk samples shall
be collected from each homogeneous
area that is 1,000 ft 7 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 . 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 . except
as provided in § ?63.87(c)(2).
(b) Thermal system insulation. (1)
Except as provided in paragraphs (b) (2)
through (4) of this section and
§ 7 63.87(c). an accredited inspector shall
collect, in a randomly distributed
manner, at least three bulk samples from
each homogeneous area of thermal
system insulation that is not assumed to
be ACM.
(2) Collect at least one bulk sample
from each homogeneous area of patched
thermal system insulation that is not
assumed to be ACM if the patched
section is less than 6 linear or square
feet.
(3) In a manner sufficient to determine
whether the material is ACM or not
ACM. collect bulk samples from each
insulated mechanical system that is not
assumed to be ACM where cement or
plaster is used on fittings such as tees,
elbows, or valves, except as provided
under § 763.87(c)(2).
(4) Bulk samples are not required to
be collected from any homogeneous
area where the accredited inspector has
determined that the thermal system
insulation is fiberglass, foam glass,
rubber, or other non-AcBM.
(c) Miscellaneous material. In a
manner sufficient to determine whether
material is ACM or not ACM. an
accredited Inspector shall collect bulk
samples from each homogeneous area of
friable miscellaneous material that is
not assumed to be ACM.
(d) Nonfrioble suspected .4 CBM. If
any homogeneous area of nonfriable
suspected ACBM Is not assumed to be
ACM, then an accredited inspector shall
collect, in a manner sufficient to
determine whether the material is ACM
or not ACM, bulk samples from the
homogeneous area of nonfriable
suspected ACBM that is not assumed to
be ACM.
§ 763.87 Analysis.
(a) Local education agencies shall
have bulk samples, collected under
§ 763.86 and submitted for analysis.
analyzed for asbestos using laboratories
accredited by the National Bureau of
Standards (NBS). Local education
agencies shall use laboratories which
have received interim accreditation for
polarized light microscopy (PLM]
analysis under the EPA Interim
Asbestos Bulk Sample Analysis Quality
Assurance Program until the NBS PLM
laboratory accreditation program for
PLM is operational.
(b) Bulk samples shall not be
composited for analysis and shall be
analyzed for asbestos content by PLM,
using the “Interim Method for the
Determination of Asbestos in Bulk
Insulation Samples” found at Appendix
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.
I 763.U 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 ACEM 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.
Fcdek r / V 0 j. 52. No. 210 I Friday,_Qctobr ’r 30. 1967 / Rules and Regulation
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4183P Fer1’ c l Re ’ister ,‘ VcL 2 .N . / Fndav. October 30, 987 / Ruies and Reguiauon
(b) The inspector shall classify and
giv .e reasons in the written assessment
for classifying the ACBM and suspected
ACBM assumed to be ACM in the
school buiLdu g 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 far
significant damage.
(7) Any remaining friable ACBM or
friable suspected ACBM.
Ic) Assessment may include the
following considerations:
( ) 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:
(1) Type of damage or significant
damage (e.g.. flaking. blistering, water
damage, or other signs of physical
damage).
(ii) Severity of damage (e.g.. major
flaking. severely torn jackets. as
opposed to occasional flaking. minor
tears to jackets).
(iii) Extent orspread of damage over
large areas or large percentages of the
homogeneous area.
(3) Whether the material is accessible.
(4) The material’s potential for
disturbance.
(5) Known or suspected causes of
damage or significant damage (e.g.. air
erosion, vandalism, vibration, water).
(6) Preventive measures which might
eliminate the reasonable likelihood of
undamaged ACM from becoming
significantly damaged.
(d) The local education agency shall
select a person accredited to develop
management plans to review the results
of each inspection, reinspection. and
assessment for the school bwlding 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 pei’son
designated under 763.84 for inclusion
in the management plan.
763.90 Response actions.
(a) The local education agency shall
select and implement in a timely manner
the appropriate response actions in this
section consistent with the assessment
conducted in 763.88. The response
actions selected shall be suflicient to
protect human health and the
environment. The local education
agency may then select, from the
response actions which protect human
health and the environment, that action
which is the least burdensome method.
Nothing in this section shall be
construed to prohibit removal of ACBM
from a school building at any time.
should removal be the preferred
response action of the local education
agency.
(b) If damaged or significantly
damaged thermal system insulation
ACM is present An 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 f 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 environment.
(2) Remove the material in the
functional space or. depending upon
whether enclosure or encapsulation
would be sufficient to protect human
health and the environment, enclose or
encapsulate.
(a) If any friable surfacing ACM.
thermal system insulation ACM. or
friable miscellaneous ACM that has
potential for damage is present in a
building, the local education agency
shall at least implement an operations
and maintenance (O&M) program, as
described under 763.91.
(I) 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 proçam. as
described under § 763.91.
(2) Institute preventive measures
appropriate to elirrunat.e the reasonable
likelihood that the ACM or its covering
will become significantly damaged,
deteriorated, or delaminated.
(3) Remove the material as soon as
possible if appropriate preventive
measures cannot be effectively
implemented. or ‘unless other response
actions are determined to protect hu.ma
health and the environment.
Immediately isolate the area and restrict
access if necessary to avoid an
imminent and substantial end nge inent
to human health or the environment.
(g) Response actions including
removal encapsulation . enclosure. or
repair, other than small-scale, short-
duration repairs. shall be designed and
conducted by persons accredited to
design and conduct response actions.
(h) The requirements of this Subpart E
in no way supersede the worker
protection and work practice
requirements under 29 CFR 1926.58
(Occupational Safety and Health
Administration (OSHA) asbestos
worker protection standards for
construction). 40 CFR Part 763, Subpart
G (EPA asbestos worker protection
standards for public employees), and 40
CTR Part 61. Subpart M (National
Emission Standards for Hazardous Air
Poflutants .—.Asbestos).
(1) 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 visu.alJy inspect
each functional space where such action
was conducted to determine whether the
action has been properly completed.
(Z)(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, abort-
duration.
(ii) Local education agencies shall
have air samples collected under this
section analyzed for asbestos using
laboratories accredited by the National
Bureau of Standards to conduct such
analysis using transmission electron
microscopy (TEMI or. under
circumstances pa mitted in this section,
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TeJeral z gster / V . l i2 . No._210/Friday. October 30. i98 / Rules and Regutht ons
4185
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
(1) (4), (5). (6), or (7) of this section, an
action to remove, encapsulate. or
enclose ACBM shall be considered
complete when the average
concentration of asbestos of five air
samples cbllected within the affected
functional space and analyzed by the
TEM method in Appendix A of this
Subpart E. is not statistically
significantly different, as determined by
the Z-test calculation found in Appendix
A of this Subpart E. from the average
asbestos concentration of five air
samples collected at the same time
outside the affected functional space
and analyzed in the same manner, and
the average asbestos concentration of
the three field blanks described in
Appendix A of this Subpart E is below
the 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 TEM method in Appendix A of
this Subpart K for the five air samples
does not exceed the filter background
level, as defined in Appendix A, of 70
structures per square millimeter (70 s/
mm:). If the average concentration of
asbestos of the five air samples within
the affected functional space exceeds 70
s/mm . or If the volume of air in each of
the samples is less than 1,199 L. of air for
a 25 mm filter or less than 2.799 1. of air
for a 37 mm filter, the action shall be
considered complete only when the
requirements of paragraph (1) (3), (5). (6),
or (7) of this section are met.
(5) At any time, a local education
agency may analyze air monitoring
samples collected for clearance
purposes by phase contrast microscopy
(PCM) to confirm completion of removal,
encapsulation, or enclosure of ACBM
that is greater than small-scale, short-
duration and less than or equal to 180
square feet or 260 linear feet. The action
shall be considered complete when the
results of samples collected in the
affected functional space and analyzed
by phase contrast microscopy using the
National Institute for Occupational
Safety and Health (NIOSH) Method 7400
entitled “Fibers” published in the
NIOSH Manual of Analytical Methods.
3rd Edition. Second Supplement, August
1987, show that the concentration of
fibers for each of the five samples is less
than or equal to a limit of quantitation
for PCM (0.01 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. C004 Northeast Mall, 401 M
St.. SW., Washington. DC 20460. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 u.s.c.
552(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.
(8) Until October?. 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 lees than or equal to a
limit quantitation for PCM (0.01 fibers
per cubic centimeter, 0.01 f/cm 9. 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. Em.
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 exlsta on the effective
date of his 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 f/cm 9. 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. Em. G004
Northeast Mall. 401 M St., SW.,
Washington, DC 20460. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR Part 51. The method is
incorporated as it exists on the effective
date of this rule and a notice of any
change to the method will be published
in the Federal Register.
(8) To determine the amount of ACBM
affected under paragraphs (i) (5), (6),
and (7) of this section. the local
education agency shall add the total
square or linear footage of ACBM within
the containment barriers used to isolate
the functional space for the action to
remove. encapsulate. or enclose the
ACBM. Contiguous portions of material
subject to such action conducted
concurrently or at approximately the
same time within the same school
building shall not be separated to
qualify under paragraphs i) (5). (6). or
(7) of this section.
1763.91 OperatIons and maintenance.
(a) Applicability. The local education
agency shall implement an operations,
maintenance, and repair (O&M) program
under this section whenever any friable
A BM is present or assumed to be
present in a building that It leases,
owns. or otherwise uses as a school
building. Any material Identified as
nonfriable ACBM or nonfriable assumed
ACBM must be treated as friable ACBM
for purposes of this section when the
material is about to become friable as a
result of activities performed In the
school building.
(b) Worker protection. The protection
provided by EPA at 40 CFR 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 an asbestos worker
approved by OSHA under section 19 of
the Occupational Safety and Health Act.
Local education agencies may consult
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lC 2 Fe’ . i Xe’i3 e.r / \ . 5 . No . 2 0 / Friday, October 30, 193 I Ruins and Re uIations
Appendix of this Subpart if their
employees are performing operations.
maintenance, and repair activities that
;:re of small-scale, snort-duration.
(c) Cieoning—{1) lnitioI ciecnhr g.
Unless the builthng has been cleaned
using equivalent methods within the
previous 6 months, all areas of a school
building where friable ACBM. damaged
or significantly damaged thermal system
insulation ACM. cr friable suspected
ACEM 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
activities or repair, according to the
faliowing procedures:
(1) HEPA-vacuurn or steam-clean all
carpets.
(ii ) HEPA-vacuum or wet-clean all
other floors and all other horizontal
surfaces.
Liii) Dispose of all debris, filters.
mopneads. and cloths in sealed, leak-
tight containers.
12) 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.
(dl 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.
12) Post signs to prevent entry by
unauthorized persons.
(3) Shut off or temporarily modify the
air-handling system and resthct other
sources of air movement.
(4) Use work practices or other
controls. such as. wet methods,
protective clothing. HEPA-vacuurns,
mini-enclosures, glove bags. as
necessary to inhibit the spread of any
released fibers.
(5) Clean all fixtures or other
components in the isxnnedlste work area.
(6) Place the asbestos debris and other
cleaning materials in a sealed. leak-tight
container.
(e) Maintenance activities other than
small-scale, short-duration. The
response action for any maintenance
activities disturbing friable ACEM. other
than small-scale. short-duration
maintenance activities, shall be
designed by persons accredited to
deeign 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
(allowed 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) Repair the area of damaged ACM
with materials such as asbestos-free
spackling, plaster. cement. or insulation,
or seal with Latex paint or an
encapsulant. or immediately have the
..appropriate response action
implemented as required by § 763.90.
(2) Mo/or fiber release episode. The
local education agency shall ensure that
the procedures des ibed below are
followed in the event of a major fiber
release episode (i.e.. the falling or
dislodging of more than 3 square or
linear feet of friable ACBM)
(1) Restrict envy Into the area and
post signs to prevent entry into the area
by persons other than those necessary
to perform the response action.
(ii) Shut off or temporarily modify the
air-handling system to prevent the
distribution of fibers to other areas in
the building.
(iii) The response action for any major
fiber release episode must be designed
by persons accredited to design
response actions and conducted by
persons accredited to conduct response
actions.
§ 763.12 TrainIng aM pflo c
(a) Training. (1) The local education
agency shall ensure, prior to the
implementation of the O&M provisions
of the management plan. that all
members of Its maintenance and
custodial staff (custodians. electricians.
heating/air conditioning engineers.
plumbers, etc.) who may work An a
building that contains ACBM receive
awareness training of at cut 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) Informatio n 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 § 763.84 and the availability and
location of the management plan.
(2) The local education agency shall
ensure that all members of its
maintenance and custodial staff who
conduct any activities that will result Li
the disturbance of ACBM shall receive
training described in paragraph laill) of
this section and 14 hours of additional
training. Additional training shall
include, but not be limited to:
(I) Descriptions of the proper methods
of handling ACEM.
(ii) Information on the use of
respiratory protection as contained in
the EPA/N1OSH Guide to Respiratory
Protection for the Asbestos Abatement
Industrj. September 1986 (EPA 560/
OPTS—8&-0O1 ), available from TSCA
Assistance Office (TS—799J, Office of
Toxic Substances, Environmental
Protection Agency, Rm. 5-543, 40t M St.
SW... Washington. DC 20460. anti other
personal protection measures.
(iii) The provisions of this section and
§ 763.91, Appendices A, E, C. D of this
Subpart E of this part. EPA regulations
contained in 40 CFR Part 763, Subpart C.
and in 40 CFR Part 61. Subpart M. and
OSHA regulations contained in 29 ClR
1926.58.
(iv) Hands-on training in the ‘use of
respiratory protection. other personal
protection measures, and good woric
practices.
(3) Local education agency
maintenance and custodial staff who
have attended EPA-approved asbestos
training or received equivalent training
for O&M and periodic surveillance
activities involving asbestos shall be
considered trained for the purposes of
this section.
(b) Periodic surveillance. (1) At least
once every 6 months after a
management plan is in effect, each local
education agency shall conduct periodic
surveillance in each building that it
leases. owns. or otherwise uses as a
school building that contains ACBM or
is assumed to contain ACBM.
(2) Each person performing periodic
surveillance shall:
(i) Visually inspect all areas that are
identified in the management plan as
ACBM or assumed ACBM.
(ii) Record the dale of the
surveillance, his or her name. and any
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ederal R gistcr / Vol. 52, No . 210 / Friday, October 30, 1987 1 i ules and_Regulations
4185
changes in the condition of the
materials.
(Iii ) Submit to the person designated
to carry out general local education
agency responsibilities under § 763.84 a
copy of such record for inclusion in the
management plan.
763.93 Management p’ans.
(a)(1) On or before October 12. 1988.
each local education agency shall
develop an asbestos management plan
for each school. including all buildings
that they lease, own, or otherwise use as
school buildings, and submit the plait to
an Agency designated by the Governor
of the State in which the local education
agency is located. The plan may be
submitted in stages that cover a portion
of the school buildings under the
authority of the local education agency.
[ 2) 11 a building to be used as part of a
school is leased or otherwise acquired
after October 12. 1988. the local
education agency shall include the new
building in the management plan for the
school prior to its use as a school
building. The revised portions of the
management plan shall be submitted to
the Agency designated by the Governor.
[ 3) If a local education agency begins
to use a building as a school after
October 12. 1988, the local education
agency shall submit a management plan
far 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. Al ]
provisions required to be included in the
management plan under this section
shall be retained as part of the
management plan. as weLl as any
Information that has been revised to
bring the plan up-to-date.
(e) The management plan shall be
developed by an accredited
management planner and shall include:
(1) A list of the name and address of
each school building and whether the
school building contains friable ACBM.
nonfriable ACBM, and friable and
norifriable suspected ACBM assumed to
be ACM.
(2) For each inspection conducted
before the December 14, 1987:
(i) The date of the inspection.
(ii) A blueprint, diagram. or written
description of each school building that
identifies clearly each location and
approximate square or linear footage of
any homogeneous or sampling area
where material was sampled for ACM,
and, if possible, the exact locations
where bulk samples were collected, and
the dates of collection.
(iii) A copy of the analyses of any
bulk samples, dates of analyses, and a
copy of any other laboratory reports
pertaining to the analyses.
(iv) A description of any response
actions or preventive measures taken to
reduce asbestos exposure. including if
possible, the names and addresses of all
contractors involved, start and
completion dates of the work, and
results of any air samples analyzed
during and upon completion of the work.
(v) A description of assessments.
required to be made under 783.88, of
material that was identified before
December 14, 1987, as friable ACBM or
friable suspected ACBM assumed to be
ACM., and the name and signature. State
of accreditation. and if applicable.
accreditation number of each accredited
person making the assessments.
(3) For each inspection and
reinspection conducted under 1 763.85:
(I) The date of the inspection or
reinspection and the name and
signature, State of accreditation and, if
applicable, the accreditation number of
each accredited inspector performing
the inspection or reinspection.
(ii) A blueprint, diagram. or written
description of each school building that
identifies clearly each location and
approximate square or linear footage of
homogeneous areas where material was
sampled for ACM. the exact location
where each bulk sample was collected.
date of collection, homogeneous areas
where friable suspected ACBM is
assumed to be ACM. and where
nonfriable suspected ACEM is assumed
to be ACM.
(iii) A description of the manner used
to determine sampling locations, and the
name and signature of each accredited
inspector collecting samples. the State of
accreditation, and If applicable, his or
her accreditation number.
(Iv) A copy of the analyses of any
bulk samples collected and analyzed.
the name and address of any laboratory
that analyzed bulk samples. a statement
that the laboratory meets the applicable
requirements of § 763.87(a) the date of
analysis. and the name and signature of
the person performing the analysis.
(v) A description of assessments.
required to be made under § 763.88. of
all ACBM and suspected ACBM
assumed to be ACM. and the name.
signature. State of accreditation. and if
applicable, accreditation number of
each accredited person making the
assessments.
(4) The name, address. and telephone
number of the person designated under
1 763.84 to ensure that the duties of the
local education agency are carried out,
and the course name. and dates and
hours of training taken by that person to
carry out the duties.
(5) The recommendations made to the
local education agency regarding
response actions, under 763.88(d), the
name, signature, State of accreditation
of each person making the
recommendations, and if applicable. his
or her accreditation number.
(6) A detailed description of
preventive measures and response
actions to be taken, Including methods
to be used, for any friable ACBM. the
locations where such measures and
action will be taken, reasons for
selecting the response action or
preventive measure, and a schedule for
beginning and completing each
preventive measure and response
action.
(7) With respect to the person or
persons who inspected for AtBM and
who will design or carry out response
actions, except for operations and
maintenance, with respect to the ACBM,
one of the following statements.
(I) If the State has adopted a
contractor accreditation program under
section 206(b) of Title II of the Act, a
statement that the person(s) is
accredited under such plan.
(ii) A statement that the local
education agency used (or will use)
persons who have been accredited by
another State which has adopted a
contractor accreditation plan under
section 206(b) of Title II of the Act or is
accredited by an EPA-approved course
under section 206(c) of Title U 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 I 763.91.
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41R 4 Federal Reg i r ,‘ Vol 52, o. 2 O / Fr d’ ’ October 30 198 / F uks and R g iatio s
and a plan for periodic surveillance
under 763.92. a description of the
recommendation made by the
management planner regarding
additional cleaning under § 763.91 [ c) 2)
as part of an operations and
maintenance program, and the response
of the local education agency to that
recommendation.
(10) A description of steps taken to
inform workers and building occupants.
or their legal guardians, about
inspections, reinspections. response
actions, and post-response action
activflies, including periodic
reinspection and surveillance activities
that are planned or in progress.
(11) An evaluation of the resources
needed to complete response actions
successfully and carry Out reinspection,
operations and maintenance activities,
periodic surveiilance 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 U 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 Tit.le LI of the
Act, or is accredited by an EPA-
approved course developed under
section 206(c) of Title U of the Act.
(I) A local education agency may
require each management plan to
contain a statement signed by an
accredited management plan developer
that such person has prepared or
assisted in the preparation of such plan
or has reviewed such plan. and that
such plan is in compliance with this
Subpart E. Such statement may not be
signed by a person who, in addition to
preparing or assisting in preparing the
management plan. also implements (or
will implement) the management plan.
(g)(1) Upon submission of a
management plan to the Governor for
review, a local education agency shall
keep a copy of the plan in its
administrative office. The management
plans shall be available, without cost or
restriction, for inspection by
representatives of EPA and the State,
the public, including teachers, other
school personnel and their
representatives, and parents. The local
education agency may charge a
reasonable cost to make copies of
management plans.
(2) Each local education agency shall
maintain in Its administrative office a
complete, updated copy of a
management plan for each school under
its administrative control or direction.
The management plans shall be
available, during normal business hours,
without cost or restriction, for Inspection
by representatives of EPA and the State,
the public, including teachers, other
school personnel and their
representatives, and parents. The local
education agency may charge a
reasonable cost to make copies of
management plans.
(3) Each school shall maintain in its
administrative office a complete.
updated copy of the management plan
for that school. Management plans shall
be available for inspection, without cost
or restriction, to workers before work
begins in any area of a school building.
The school shall make management
plans available for inspection to
representatives of EPA and the State,
the public, including parents, teachers.
and other school 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 763.94
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
* 763.84, which certifies that the general,
local education agency responsibilities.
as stipulated by 783.84, have been met
or will be met.
f 763.94 R.uordku$g .
(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 ACBM has
been removed, the local education
agency shall ensure that such records
are retained for 3 years after the next
reinspection required under
§ 763.85(b)l1), or for an equivalent
period.
(b) For each preventive measure and
response action taken for friable and
nonfriable ACBM and friable and
nonfriable suspected ACBM assumed to
be ACM, the local education agency
shall provide:
(1) A detailed written description of
the measure or action, including
methods used. the location where the
measure or action was taken, reasons
for selecting the measure or action. start
and completion dates of the work.
names and addresses of all contractors
involved, and if applicable, their State of
accredita iorz, 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 § 763.90(i), 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 § 763.90(i)(2)(ii).
(c) For each person required to be
trained under * 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 § 763.92(b) ii
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
§ 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 § 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
-------
is removed, the name and location of
storage or disposal site of the ACM.
(g) For each time that major asbestos
activity under § 763.91(e) is performed,
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 § 763.91(1). the local education
agency shall provide the date and
location of the episode, the method of
repair, preventive measures or response
action taken, the name of each person
performing the work, arid if ACBM is
removed, the name and location of
storage or disposal site of the AC 1.
(Appreved by the Office of Management and
Budget under coritrol rnimber 2070-0091)
§ 7$3. S Warning labels.
(a) The local education agency shall
attach a warmng label immediately
adiacent to any friable and nonfriable
ACEM and suspected ACEM asawned
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.
(b) All labels shall be prominently
displayed in readily visible locations
and shall remain posted until the ACBM
that is labeled is removed.
(c) The warning label shall read. in
print which is readily visible because of
large size or bright color, as follows:
CAUTiON: ASBESTOS. HAZARDOUS.
DO NOT DISTURB WITHOUT PROPER
TRAINING AND EQUIPMENT.
763.11 ComplIance and enforcement.
(a) Compliance with Title 11 of the
Act, (1) Section 207(a) of Title U of the
Act (15 U.S.C. 2847) makes it unlawful
for any local education agency to:
(I) Fail to conduct inspections
pursuant to section 203(b) of Title U of
the Act, including failure to follow
procedures and failure to use accredited
personnel and laboratories.
(H) Knowingly submit false
information to the Governor regarding
any inspection pursuant to regulations
under section 203(i) of TItle 11 of the Act.
( (Ii) Fail to develop a management
plan pursuant to regulations under
section 203(1) of Title U of the Act.
(2) Section 207(a) of Title II of the Act
(15 U.S.C. 2847) 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 Title lot the Act
(1) Section 15(1)(D) of Title I of the Act
(15 U.S.C. 2814) makes it unlawful for
any person to fail or refuse to comply
with any requirement of Title U or any
rule promulgated or order issued under
Title II. Therefore, any person who
violates any requirement of this Subpart
is in violation of section 15 of Title I of
the Act.
(2) Section 15(3) of Title I of the Act
(15 U.S.C. 2614) makes it unlawful for
any person to fail or refuse to establish
or maintain records, submit reports,
notices or other information, or permit
access to or copying of records, as
required by this Act or a rule
thereunder.
(3) Section 15(4) (15 U.S.C. 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 1 5(a) of Title I of the Act
(15 U.S.C. 2615) provides that any
person who violates any provision of
section 15 of Title I of the Act shall be
liable to the United States for a civil
penalty in an amount not to exceed.
$25000 for each such violation. Each
day such a violation continues shall. for
purposes of this paragraph, constitute a
separate violation of section 15. A local
education agency is not liable for any
civil penalty under Title I of the Act for
failing or refusing to comply with any
rule promulgated or order issued under
Title 11 of the Act.
(cJ Criminal penalties. If any violation
committed by any person (including a
local education agency) Is knowing or
willful, criminal penaltin may be
assessed under section 16(b) of Title of
the Act.
(d) hrjunctive relief. The Agency may
obtain injunctive relief under section
206(b) of Title 11 of the Act to reapond to
a hazard which poses an Imminent and
substantial endangerment to human
health or the environment or section 17
(15 U.S.C. 2816) of Title I of the Act to
resusin any violation of sectIon 25 of
Title I of the Act or to compel the t rig
of any action required by or under Title I
of the Act.
(e) Citizen complaints. Any citizen
who wishes to file a complaint putsuant
to section 207(d) of Title U of the Act
should direct the complaint to the
/ Rules and R:gulatioris 41
Governor of the State or the EPA
Asbestos Ombudsman. 401 M Street,
SW., Washington. DC 20480. The citiz
complaint should be in writing and
identified as a citizen complaint
pursuant to section 207(d) of Title II of
TSCA. The EPA Asbestos Ornbudsma:
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 b
occurred.
(fl 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.
713.95 Walve delegation to State.
(a) General. (1) Upon request from a
State Governor and after notice and
comment and an opportunity for a
public bearing 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 requirement
that are at least as stringent as the
requirements of this Subpart L
(2) A waiver from any requirement of
this Subpart E shall apply only to the
specific provision for which a waiver
has been granted under this section. All
requirements of this Subpart £ shall
apply until a waiver is granted under
this section.
(b) Request Each request by a
Governor to waive any requirement of
this Subpart E shall be sent with three
complete copies of the request to the
Regional Administrator for the EPA
Region in which the State is located and
shall include:
(1) A copy of the State provisions or
proposed provisions relating to Its
program of asbestos inspection and
i’ .negement In schools for which the
request is made.
(2)(i) The name of the State agency
that is or will be responsible for
administering and enforcing the
requirements for which a waiver is
requested. the names and job titles of
responsible offIcials In that agency, and
phone numbers where the officials can
be contacted.
(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
Federal R3gister I Vol. 52. No. 2W / Friday. Octcber 30, 98
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4 656 Fedcra Register ; Vol. 52. No. 210 / Friday, Oct:ber 30, 196 I Rui s arid Regulations
effective administration in the asbestos
inspection and management program
within the State. the names and job
titles of responsible officials in the
agencies, and phone numbers where the
officials can be contacted. The lead
agency will se ’e as the central contact
point for the EPA.
(3) Detailed reasons. supporting
papers. arid the rationale for concluding
that the State’s asbestos inspection and
management program provisions for
which the request is made are at least as
stringent as the requirements of this
Subpart F..
(4) A discussion of any special
situations, problems, and needs
pertaining to the waiver request
accompanied by an explanation of how
the State intends to handle them.
(5) A statement of the resources that
the State intends to devote to the
administration and enforcement of the
provisions relating to the waiver
request.
(6) Copies of any specific or 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) General notice—hearing. (1)
Within 30 days after receipt of a request
for a waiver, EPA will determine the
completeness of the request. If EPA does
not request further information within
the 30-day period, the request will be
deemed complete.
(2) Within 30 days after EPA
determines that a request is complete,
EPA will issue for publication in the
Federal Register a notice that announces
receipt of the request, describes the
information submitted under paragraph
(b) of this section. and solicits written
comment from interested members of
the public. Comments must be submitted
within 60 days.
(3) 11. 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 a public hearing to be
held in the affected State after the close
of the comment period and will
announce the public hearing date in the
F.deral 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 part if:
(1) The State’s lead agency end 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 enforcement
mechanism to allow it to implement the
program described in the waiver
request.
(4) The lead agency and any
cooperating agencies have or will have
qualified personnel to carry out the
provisions relating to the waiver
request.
(5) The State will devote adequate
resources to the administration and
enforcement of the asbestos inspection
and management provisions relating to
the waiver request.
(6) 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 Governor’s
request. The 30-day period may be
extended if mutually agreed upon by
EPA and the State.
(1) Modificalions. When any
substantial change ii 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 pan 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 States
implementation and enforcement of arid
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) fnforn,o/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:
(1) Specify to the State those aspects
of the State’s program believed to be
inadequate.
(ii) Specify to the State the facts that
underlie the belief of inadequacy.
(3)11 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 State program, specify the
steps the State has taken or will take to
remedy the deficiencies, and establish a
schedule for each remedial action to be
initiated.
(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 Registers notice that
announces the rescission of the waiv ,
describes those aspects of the State’s
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reri&r il Re ster / Vcl. . No. 210 / Friday. October 30, 1987 / kules and Regulations
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 building
where:
(1) An accredited inspector has
determined that, based on sampling
records, friable ACBM was identified in
that homogeneous or sampling area
during an inspection conducted before
December 14, 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 assess the
friable ACBM under § 763.88.
(2) An accredited inspector has
determined that, based on sampling
records, nonfriable ACBM was
identified in that homogeneous or
sampling area during an inspection
conducted before December 14, 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 sha l l identify
whether material that was nonfriable
has become friable since that previous
inspection and shall assess the newly-
friable ACBM under § 763.88.
(3) Based on sampling records and
inspection records, an accredited
inspector has determined that no ACBM
is present in the homogeneous or
sampling area and the records show that
the area was sampled, before December
14, 1987 in substantial compliance with
§ 763.85(a). which for purposes of this
section means in a random manner and
with a sufficient number of samples to
reasonably ensure that the area is not
ACBM.
(i) The accredited inspector shall sign
and date a statement, with his or her
State of accreditation and if applicable,
accreditation number that the
homogeneous or sampling area
determined not to be ACEM was
sampled in substantial compliance with
1 763.85(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 managerneni 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
I 763.85(a). Such determination shall be
included in the management plan for
that school.
(5) An accredited inspector has
determined that, based on records of an
inspection conducted before December
14. 1987, suspected ACBM identified in
that homogeneous or sampling area is
assumed to be ACM. The inspector shall
sign and date a statement to that effect.
with his or her State of accreditation
and if applicable, accreditation number
and, within 30 days of such
determination, submit a copy of the
statement to the person designated
under § 783.84 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 friable suspected ACBM
assumed to be ACM under § 783.88.
(6) Based on inspection records and
contractor and clearance records, an
accredited inspector has determined
that no ACBM is present in the
homogeneous or sampling area where
asbestos removal operations have been
conducted before December 14. 1987,
and shall sign and date a statement to
that effect and include his or her State of
accreditation and, if applicable,
accreditation number. The local
education agency shall submit a copy of
the statement to the EPA Regional
Office and shall include the statement in
the management plan for that school.
(7) An architect or project engineer
responsible for the construction of a
new school building built after October
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 ACBM 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
(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 i
sampled before October 17, 1987. Th2
local education agency shall conduct
inspection under § 763.85(a) of all are
inspected before October 17, 1987, th.
were not sampled or were not assume
to be ACM.
(c) If ACBM is subsequently found I
a homogeneous or samphng area of a
local education agency that had been
identified as receiving an exclusion b
an accredited inspector under
paragraphs (a) (3), (4), (5) of this sectic
or an architect, project engineer or
accredited inspector under paragraph
(a)(7) of this section, the local educatic
agency shall have 180 days following
date of identification of ACBM to
comply with this Subpart E.
Appendix A to Subpart E—Interim
Transmission Electron Microscopy
Analytical Methods—Mandatory and
Nonm ndatory—and Mandatory Sectic
to Determine Completion of Response
Actions
I. Introduction
The following appendix contains thr
units. The first unit is the mandatory
transmission electron microscopy (TE1
method which aU 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 sante minimum
requirements as are outlined in the
mandatory method. Hence, laboratories
may choose either of the two methods
for analyzing air samples by TEM.
The final unit of this Appendix A to
Subpart E defines the steps which must
be taken to determine completion of
response actions. This unit is
mandatory.
Ii Mandatory Transmission Electron
Microscopy Method
A. Definitions of Terms
‘1. “Analytical sensitivity”—Airborne
asbestos concentration represented by
each fiber counted under the electron
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4 83C Feciuri r ecr’-- / Vcl 5, No. 210 I Friday October 30. 1987 1 Ruies and Re u1atio-is
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 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. “Bund.le”—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 16
structures/mm 2 in an area of 0.057 mm 2
(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 .im in length with an aspect
ratio (length to width) 015:1 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.
ii. “J.ntersection”—Nonparallel
touching or crossing of fibers, with the
projection having an aspect ratio of 5:1
or greater.
12. “Laboratory sample
coordiziator”—That person responsible
for the conduct of sample handling and
the certification of the testing
procedures.
13. ‘Filter background lever—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/rnrn2.
14. “Matrix”—Fiber or fibers with one
end free and the other end embedded in
or hidden by a particulate. The exposed
fiber must meet the fiber definition.
15. “NSD”—No structure detected.
16. “Operator”—A ‘person responsible
for the TEM Instrumental analysis of the
sample.
17. PCM”—Phase confrast
microscopy.
18. SA ”—Se1ected area electron
diffraction.
19. “SEM’—Scanning electron
microscope-
20. ‘STEM ”—Scanning transmission
electron microscope.
21. “Structure”—a microscopic
bundle, cluster, fiber, or matrix which
may contain asbestos.
22. “S/cm 3 ’—Structures per cubic
centimeter.
23. “S/mm 2 ”—Structures per square
millimeter.
24. “TEM”—Transmjssiori 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 independent 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 5/mm’ in an area of 0.057
mm’ (nominally 10200-mesh grid
openings) and a single preparation with
a maximum of 53 s/mm’ for that same
area is acceptable for this method.
5. Use sample collection filters which
are either polycarbonate having a pore
size lees than or equal to 0.4 or
mixed cellulose ester having, pore .size
leu than or equal 100.45 im.
6. Place these filters inseries with a
5.0 &m backup filter (to serve as a
diffuser) and a sopport pad. See the
following Figure 1:
COOS N
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1 dcral Register / Vol. 52. c 21C ,‘ £‘riory. 3c b r 3u. 1987 / les and t e ulatic rs 418
FIGURE I--SAMPLING CASSETTE CONFIGURATION
- 1 _ Casseue Cap
Extension Cowl
- or
f Retainer Ring
j 0.4 im pore PC filter or
1 0.45 iun pore MCE filter
— Plug
— I 5pm McEDiffuser I
— 1 Support Pad
- f Cassette Base 1
•IWNG coøE use -b -c
-------
21 R 0
7. Reloading of used cassettes is not
permitted.
B. Orient the cassette downward at
approximately 45 degrees from the
horizontal.
9. Maintain a log of all pertinent
sampling information.
10. Calibrate sampling pumps and
their flow indicators over the range of
their intended use with a recognized
standard. Assemble the sampling
system with a representative filter (not
the filter which will be used in sampling)
before and after the sampling operation.
11. Record all calibration information.
12. Ensure that the mechanical
vibrations from the pump will be
minimized to prevent transferral of
vibration to the cassette.
13. Ensure that a continuous smooth
flow of negative pressure is delivered by
the pump by damping out any pump
action fluctuations if necessar .
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 lII.B.7.d.)
16. Select an appropriate flow rate
equal to or greater than 1 liter per
minute (L/min) or less than 10 L/rnin for
25 mm cassettes. Larger filters may be
operated at proportionally higher flow
rates.
17. A minimum of 13 samples are to be
collected for each testing site consisting
of the following:
a. A minimum of five samples per
abatement area.
b. A minimum of five samples per
ambient area positioned at locations
representative of the air entering the
abatement site.
c. Two field blanks are to be taken by
removing the cap for not more than 30
seconds and replacing it at the time of
sampling before sampling is 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 As to be carried with
each sample set. This representative
cassette is not to be opened in the field.
18. Perform a leak check of the
sampling system at each indoor and
outdoor sampling site by activating the
pump with the closed sampling cassette
in line. Any flow indicates a leak which
must be eliminated before initiating the
sainplingoperation.
19. The following Table I specifies
volume ranges to be used:
SWNG OO( UIO-IO-
Federa Registc” ,‘ VnL 52. No. 210 I Friday, Octo ier 30. 198 I Rules and e uatiorc
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• cgi er / \ o.. . No. 210 / Frjd3v. Ocloljer 30, 1987 / Rules and Regulations
L1C61
TABLE 1--NUMBER OF 200 MESH EM GRID OPENINGS
(0.0057 MN 2 ) THAT NEED TO BE ANALYZED TO
MAINTAIN SENSITIVITY OF 0.005 STRUCTURES/CC
BASED ON VOLUME AND EFFECTIVE FILTER AREA
Note minimim vok mes requfred:
25mm :560 lkrs
37mm :1250 ers
Alter ameter 25 mm - Mective area of 385 sq mm
Alter arneIer of 37 mm - effective area of 855 sq mm
Eftective Filter Area
SfiS so mm
Volume (liters)
# of arid openinq
Effective Filter Area
855 so mm
Volume (liters)
$ Of grd OpeflinQ
Recommended
Volume
Range
560
600
700
800
900
1,000
1,100
1,200
1,300
1,400
1,500
1,600
1,700
1,300
1,900
2,000
2,100
2,200
2,300
2,400
2,500
2600
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
9
I
I
B
7
7
6
6
6
6
S
S
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
3,300
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
7.600
24
23
21
19
17
15
14
13
12
11
10
a
a
a
a
a
7
7
7
6
6
6
6
5
5
5
5
5
$
4
4
4
4
4
$$WNG COOE SIoO-IO C
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4Ti f l62 FeJ r F tster/Vz . 52. No 2W ,‘ Fr dav. October U, 198 I Ruks and Regulatior s
20. Ensure that the sampler is turned
upright before interrupting the pump
flow.
2 . Check that all samples are clearly
labeled and that all pertinent
information has been enclosed before
transfer of the samples to the
laboratory.
22. Ensure that the samples are stored
in a secure and representattve 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:
IIWNG COOE S5SO-IO-M
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— Federal Register / Vol. 5Z. No. 2w / Friday. October 30. 1987 / Rules and Regulations 4l86
TABLE Il--SUMMARY OF SAMPLING AGEFCY DATA QUALITY OBJECTIVES
This table summarizes the data quality objectives from the performance of this method in terms of precision, accuracy.
completeness. representativeness. and comparability. These objectives are asstned by the penodic con ol checks and reference
checks listed here and described in the text of the method.
Carsfonriance
Unit Oneration — “--- - i-. ’- ectation
Sampling materials Sealed blank I per 110 site 95%
Sample procedwes Field blanks 2 per 1/0 site 95%
Pump calibration Bcfc e and after e h field series 90%
Sample custody Review of chain-of-custody r ord E h sample 95% complete
Sample shipment Review o(sending report E h sample 95% complete
PIWNO COOl S IlO-IC-C
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41864 Federal ReQi ler ‘ Vol. ? 2. No. 210 / Frida . October 30. 198 I Rules ard ReguIation
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 tunes when he/she
is not available.
2. Bulk samples and air samples
delivered to the analytical laboratory in
the same container shall be rejected.
F.. 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 characierisucs. The
area or hood must be capable of maintaining
a positive pressure with make-up air being
HEPA-filtered. The cumulative analytical
blank concentration must average len than
18 ,/mm S in an area of 0.057 m m 5 (nominally
10 200-mesh grid openings) anda single
preparation with a maximum of 53 s/nun 5
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:
i. 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 ZOO-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 400% by using an
eyepiece fitted with a scale that has
been calibrated against a stage
micrometer. Optical microscopy utilizing
manual or automated procedures may
be used providing instrument calibration
can be verified.
b. TEM specimen preparation from
polycarbonate (PC) filters. Procedures
as described in Unit 111G. 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 ll.J.)
ii. Plasma etching of the collapsed
filter is required. The microscope slide
to which the collapsed filter pieces are
attached is placed in a plasma asher.
Because plasma ashers vary greatly in
their performance, both from unit to unit
and between different positions in the
asher chamber. It is difficult to specify
the conditions that should be used.
Insufficient etching will result in a
failure to expose embedded filters, and
too much etching may result in loss of
particulate from the surface. As an
interim measure, it is recommended that
the time for ashing of a known weight of
a collapsed filter be established and that
the etching rate be calculated in terms of
micrometers per second. The actual
etching time used for the particulate
asher and operatin8 conditions will then
be set such that a 1—2 p.m (10 percent)
layer of collapsed surface will be
removed.
in. Procedures as described in Unit lfl.
or other equivalent methods may be
used to prepare samples.
F. TEM Method
1. An 80-120kV 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 rum 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
particulate. 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-axis ED
patterns. An average camera constant
using multiple gold rings can be
determined. The camera constant is one-
half the diameter of the rings times the
interplanar spacing of the ring being
measured.
3. Magnification Calibration. The
magnification calibration must be done
at the fluorescent screen. The ‘IIM 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 front 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 euceninc position.
4. While not required on every
microscope in th. laboratory, the
laboratory must have either one
microscope equipped with energy
dispersive X-ray analysis or access to
an equivalent system on a TEM in
another laboratory.
5. Microscope settings: 80-120 kV. grid
assessment 250-1.000X, then 15.000—
20000X screen magnification for
analysis.
8. 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)
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Federal Register / Vol. 52. No. 210 / Friday, October 30. 1987 I Rules and Regulations
4186:
or covered with greater than 25 percent
particulate matter or obviously having
nonuniform loading must not be
analyzed.
H. Reject the grid if:
a. Less than 50 percent of the grid
openings covered by the replica are
intact.
b. The replica is doubled or folded.
c. The replica is too dark because of
incomplete dissolution of the filter.
9. Recording Rules.
a. Any continuous grouping of
particles in which an asbestos fiber with
an aspect ratio greater than or equal to
5:1 and a length greater than ocequal to
0.5 j 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
definable intersections. Groupings
having more than 2 intersections are to
be described as cluster or matrix. An
intersection is a nonparallel touching or
crossing of fibers, with the projection
having an aspect ratio of 5:1 or greater.
See the following Figure 2:
aiwso cooc ,5 o-so-M
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Fedcr .tI R uistcr / Vol. 5. o 10 / Friday, Ociober 30. 1987 / Rules and Repulat ons
41866
-a
FIGURE 2—-COUNTING GUIDELINES USED IN
DETERMINING ASBESTOS STRUCTURES
urit as 1 fiber; 1 Structure; r intersections.
w t as 2 fibers if space between fibers is greater than width of 1 fiber
di ter or nir ber of intersections is e ua1 to or less than 1.
\
Cowit as 3 structures if spa between fibers is greater than width of 1. fiber
dthteter or if the ruxnber of intersections is equal to or less than 2.
Count b. r 1es as 1 structure; 3 or ncre parallel
than 1 fiber di eter separation.
fibrils less
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Federal Register I Vol. 32, No. 210 / Friday. October 30, 1987 / Rules and Regul t ns
41867
Count clusters as 1 structure; fibers having greater than or e uai to
3 intersections.
Count matrix as 1 structure.
DO NOT r AS s’rRlr1uP :
Fiber protrusion
<0.5 mic .ueter
<0.5 zni . eter in length
<5:1 Aspect Ratio
Fiber protrusion
(5:1 Aspect Ratio
t fiber protus ion
1u,,ING Coot S 4O—W-C
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11868 Federal Re is er / Vol. 5 No. 2 O!Fridav. October 30. 198 / Rules and Re uiatior. :
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 with one
end free and the other end embedded 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 m and
for fibers equal to or greater than 5 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/mm 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/mm 5 concentration.
(Generally speaking. the first 4
amphiboles would require EDXA.)
g. U 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.
b. Fibers classified as chrysotile must
be identified by diffraction or X-ray
analysis and recorded on a count sheet.
X-ray analysis alone can be used only
after 70 s/mm2 have been exceeded for
a particular sample.
i. Fibers classified as arnphiboles 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.)
. If a’diffraction pattern was recorded
on film, record the micrograph number
on the count sheet.
k. If an electron diffraction was
attempted but no pattern was observed.
record N on the count sheet.
1. If an EDXA spectrum was attempted
but not observed, record N on the count
sheet.
m. If an X-ray analysis spectrum is
stored. record the file and disk number
on the count sheet.
io. Classification Rules.
a. Fiber. A Structure having a
minimum length greater than or equal to
0.5 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’s 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 during
the same time period.
4. Remaining steps in the analytical
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.
d. Area analyzed.
e. Volume of air sampled (which must
be initially supplied to lab by clier.tj.
1. 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.
1. 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 fram 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 indicstara that the materials
used are adequate and the operations
are within acceptable limits. fri 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 arid
analysii operations. A description of
these quality control/quality assurance
procedures is summarized in the
following Table Ill:
PSWNG cOOS S$&-SO-
-------
F de a Register/Vol 52. No. 210 / Friday, October 30. 1987 / Rules and Regulations
41869
TABLE III--SUMNARY OF LABORATORY DATA QDALITY OBJECTIVES
T m it On tinn
fl(’ (hirk
Conformance
Expectation
Sample receiving
Sample custody
Sample preparation
Sample. analysis
Performance check
Calculations and
th reduction
Review of receiving report
Review of chain-of-custody record
Supplies and reagents
Grid opening size
Special clean area monitoiing
Laboratory blank
Plasma etch blank
Multiple peeps (3 per sample)
System check
Alignment check
Magnificar on calibration with low and high
dards
ED calibration by gold standard
EDS calibration by copper line
Laboratory blank (measure at cleanliness)
Replicate colmting (measure of precision)
Duplicate analysis (measure of reproducibility)
Known samples of typical materials
(working atandards)
Analysis of NBS SR.M 1876 and/orRM 8410
(measure of accuracy and comparability)
Data cony review (data validation and menawe
of completeness)
Record and verify ID lacuna diffraction pitiern
of smicwre
Hand calculation of automated data reduction
procedure or independent recalculation of hand.
cakulwd data
Each sample
Each sample
On receipt
20 openingsf20 d ot
of 1000 or I openmgfsample
After cleaning or service
I perprepsenesor 10%
I per 2(1 samples
Each sample
Each day
Each day
Each month or after service
Weekly
Daily
Prep! persenesor 10%
read 1 per 25 samples
1 per 100 samples
1 per 100 samples
Training and for corn-
— w owna
lper analysiper year
Each sample
I per 5 samples
Iper 100 samples
95% complete
95% complete
Meet specs. or reject
100%
Meet specs or reclean
Meet specs. or
rcarlaly2e series
75%
One withcovezof 15
complete grid sqs.
Each day
Each day
95%
95%
95%
Meet specs or
senes
1.SzPoissonStdDev.
2zPoissonSid.Dev.
100%
lii Poisson Std. Dev.
95%
80% ac y
85%
BIWNO ones use -so-c
-------
41871) F derai ‘ eg:ster / \iol. 52. No. 210 / Friday, October 30.1987 / Rules and Reg ations
i. 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 UI
under Unit II .!.
9. Validate all data entries.
10. Recalculate a percentage of all
computations and automatic data
reduction steps as specified in Table III
under Unit 11.1.
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-Containmg Materials in
Buildings.” EPA 560/5—85-024. June 1985.
2. ‘Measuring Airborne Asbestos
Following an Abatement Action.”
USEPA. Office of Toxic Substances.
EPA 600/4—85-049, 1985.
3. Small, John and E. Steel. Asbestos
Standards: Materials and Analytical
Methods. N.B.S. Special Publication 619,
1982.
4. Campbell, W.J., R.L Blake. LL.
Brown. EL 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 2A: Direct Measurement of
Gas Volume through Pipes and Small
Ducts. 40 CFR Part 60 Appendix A.
7. Burdette. G.J.. Health & Safety Exec.
Research & Lab. Services Div., London.
“Proposed Analytical Method for
Determination of Asbestos in Air.”
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—11-86 Draft.
10. Yarnate. G.. Agarwail. S.C_
Gibbons, RD.. UT Research Institute,
“Methodology for the Measurement of
Airborne Asbestos by Electron
Microscopy,” Draft report. USEPA
Contract 68-02-3266, July 1984.
11. “Guidance to the Preparation of
Quality Assurance Project Plans,”
USEPA. Office of Toxic Substances,
1984.
lU. Norirnondototy Tmnsrnission
Electron Microscopy Method
A. Definitions of Terms
1. “Analytical sensitivity”—Airborne
asbestos concentration represented by
each fiber counted under the electron
microscope. It is determined by the air
volume collected and the proportion of
the filter examined. This method
requires that the analytical sensitivity
be no greater than 0,005 s/cm .
2. “Asbestiforni”—A specific type of
mineral fibrosity in which the fibers and
fibrils possess high tensile strength and
flexibility.
3. “Aspect rstlo”—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
crne 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 I-f EPA 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 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 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 .&m 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 rum in diameter.
11. “lntersection”—Nonparallel
touching or crossing of fiber,, 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 lever’—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 2 .
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.
18. “Operator”—A person responsible
for the TEM instrumental analysis of the
sample.
17. “PCM”—Phase contrast
microscopy.
18. “SAED”—Selected area electron
diffraction.
19. “SEM”—Scanning electron
microscope.
20. “STEM”—Scanning transmission
electron microscope.
21. “Structure”—, microscopic
bundle, cluster, fiber. or matrix which
may contain asbestos.
-------
Feder R i ter /Vci. 52, Nc . 210 / Friday, Octoi er o, Th8 / Rules and Regulations
41C71
22. “S/cm 3 ”—Structures per cubic
centimeter.
23. “S/mm 2 ”—Structures per square
millimeter.
24. “TEM”—Transrnission electron
microscope.
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 ULL.) Special precautions
should be taken to avoid contamination
of the sample. For example, materials
that have not been prescreened for their
asbestos background content should not
be used; also. sample handling
procedures which do not take cross
contamination possibilities into account
should not be used.
2. Material and supply checks for
asbestos contamination should be made
on all critical supplies, reagents, and
procedures before their use in a
monitoring study.
3. Quality control and quality
assurance steps are needed to identify
problem areas and isolate the cause of
the contamination (see Reference 5 of
Unit III.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 verify ompliance. 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 II.B.
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 walls 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
sheetr 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 Ill.A.).
e. Reloading of used cassettes is not
permitted.
f. Use sample collection 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 g m.
g. Place these filter! in series with a
backup filter with a pore size of 5.0 &m
(to serve as a diffuser) and a support
pad. See the following Figure 1:
1W$O coDL U4O-$G .M
-------
41872 Fe c-, Rc ” t r \ uL . Ni 0 / Friday, October 30. 196 I Rules dfl i Reguid’ on
FIGURE I--SAMPLING CASSETTE CONFIGURATION
Cassette Cap
Extension Cowl
or
Retainer Ring
0.4 LTfl pore PC filter or
O.45 pin pore MCE filter
— .--L 5 WT1 MCE Diffuser
HSupponPadI
tCas eBaseJ
0iiUet Plug
0
I
-V
- 4.
\
RIWNO cODt s1o- -C
-------
rederal Re ict .r / \ ‘9L .J*c . 210 / Friday. October30. 1987 / Rules and Regilations
41f i 3
h. When polycarbonate filters are
used. position the highly reflective face
such that the incoming particulate is
recewed on this surface.
i. Seal the cassettes to prevent
leakage around the filter edges or
between cassette part joints. A
mechantcal press may be useful to
achieve a reproducible leak-free seal.
Shrink fit gel-bands may be used for this
purpose and are available from filter
manufacturers and their authorized
distributors.
j. Use wrinkle-free loaded cassettes in
the sampling operation.
5. Pump setup.
a. Calibrate the sampling pump over
the range of flow rates and loads
anticipated for the monitoring period
with this flow measuring device in
series. Perform this calibration using
guidance from EPA Method ZA each
time the unit is sent to the field (See
Reference 6 of Unit ULL).
b. Configure the sampling system to
preclude pump vibrations from being
transmitted to the cassette by using a
sampling stand separate from the pump
station and making connections with
flexible tubing.
c. Maintain continuous smooth flow
conditions by damping out any pump
action fluctuations if necessary.
d. Check the sampling system for
leaks with the end cap still in place and
the pump operating before initiating
sample collection. Trace and stop the
source of any flow indicated by the
flowmeter under these conditions.
e. Select an appropriate flow rate
equal o or greater than I L/rniri or less
than 10 L/min for 25 m.m cassettes.
Larger filters may be operated at
proportionally higher flow rates.
f. Orient the cassette downward at
approximately 45 degrees from the
horizontal.
g. Maintain a log of all pertinent
sampling information. such as pump
identification number, calibration data,
sample location. date. sample
identification number. flow rates at the
beginning. middle. and end, start and
stop times. and other useful information
or comments. Use of a sampling log form
is recommended. See the following
Figure 2:
SIWNO cOD€ ISSQ-40-M
-------
41R74
Fede aI k ister/VO 52. No. 210 I Friday. Octo ier 30. 1087 I Rules arid Re ula ( ions
Sample
Nurr ber
lnspector
* coot C
FIGURE 2--SAMPLING LOG FORM
Puznp
L..ocanon of Sample I.D.
Da
Start Middie End
Time Time Tu r
Flow
Rate
-------
Federal Register I Vol.52. No. 210 I Friday. October 30, 1987 I Rules and Regulat n 41675
h. Initiate a chain of custody
procedure at the start of each sampling.
if this is requested by the client.
i. Maintain a close check of all aspects
of the sampling operation on a regular
basis.
j. Continue sampling until at least the
minimum volume is collected, as
specified in the following Table 1:
PIWNG COO( S5O-5O-
-------
41876
Fcdera Re ist Vo . 52, No. 210 I Friday, October 30. 1087 / Rules and Re u tio S
TABLE 1--NtJM ER OF 200 MESH EM GRID OPENINGS
(0.D05 MM ’) THAT NEED TO BE ANALYZED TO
MAINTAIN SENSITIVITY OF 0.005 STRUCTURES/CC
BASED ON VOLUME AND EFFECTIVE FILTER AREA
Note ri*tInvm volumes tS ed:
25mm :560 .rs
37im :1250 •rs
Filer ameter 0125 mm • a ive area o( 5 sq mm
Filer ar,*ter 0137mm • e ive area o1855 sq mm
Effective Filter Area
_______ 385 mm
Volume (ifiers) 5 at and opern
Effective Filer Area
mm
Volume (hters) I of.0ndoperur
560
600
700
800
900
1,000
___________ 1.100
1,200
1,300
Recommended 1,400
Votume 1,500
Range 1,600
1,700
___________ 1,800
1.900
2.000
2,100
2,200
2,300
2.400
2.500
2,500
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
a
S
S
7
7
6
6
6
S
S
5
5
5
S
5
4
4
4
4
4
4
4
4
Recommended
Voiume
Range
1.250
1.300
1,400
1 .600
1,800
2,000
2.200
2,400
2,600
2, 500
2,000
3,200
3,100
3,500
3,500
4,000
4.200
4.400
4.800
4,800
5.000
5.200
5,400
5.600
5,500
6,000
8,200
6,400
6,800
6.800
7,000
7,200
7,400
24
23
21
19
17
15
14
‘3
12
11
10
a
a
$
S
S
7
7
7
6
6
6
S
S
5
5
$
S
S
4
4
4
4
4
$IU.$dG CODE 0110 .1O-C
-------
Federal Regi ter I Vol. 52, No. 1O / Frid v, October 30. 1987 / Rules and Regulations
41877
k. At the conclusion of sampling, turn
the cassette upward before stopping the
flow to minimize possible parucle loss.
If the sampling is resumed. restart the
flow before reorienting the cassette
downward. Note the condiuon 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.
m. Do not change containers if
portions of these filters are taken for
other purposes.
6. Minimum sample number per site. A
minimum of 13 samples are to be
collected for each testing consisting of
the following:
a. A znirurnuin of five samples per
abatement area.
b. A rnuuxnum 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.
ii. At one of the ambient sites.
(Not.: Do not leave th. 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
clearance sampling and analysis is
completed and results meet clearance
test 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. Equipment 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 (1)
horsepower leaf blower.
iv. Stationary fans are placed in
locations which will not interfere with
air monitoring equipment. Fan air is
directed toward the ceiling. One fan
shall be used for each 10.000 ft $ of
worksite.
v. Monitoring of an abatement work
area with high-volume pumps end 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-mil polyethylene
to insulate the pump from the air. High
volume pumps cannot be sealed in this
manner since the heat of the motor may
melt the plastic, The pump exhausts
should be kept free.
vii. If recleaning is necessary, removal
of this equipment from the work area
must be handled with care. It is not
possible to completely decontaminate
the pump motor and parts 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-mit
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/ mm or less than 10 L/min may
be used for 25 mm cassettes. The larger
cassette diameters may have
comparably increased flow.
f. Sample a volume of air sufficient to
ensure the minimum quantitation limits.
(See Table I of Unit Ilt.B.S.j.)
8. Ambient sampling.
a. Position ambient samplers at
locations representative of the air
entering the abatement site. If makeup
air entering the abatement site is drawn
from another area of the building which
is outside of the abatement area. place
the pumps in the building, pumps should
be placed out of doors located nea l - 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
least 3 ft apart and protect them from
adverse weather conditions.
c. Sample same volume of air as
samples taken inside the abatement site.
C. Sample Shipment
1. Ship bulk samples in a separate
container from air samples. Bulk
samples and air samples delivered to
the analytical laboratory in the same
container shall be rejected.
2. Select a rigid shipping container
and pack the cassettes upright in a
noncontantinating nonfibrous medium
such as a bubble pack. The use of
resealable polyethylene bags may help
to prevent jostling of individual
cassettes.
3. Avoid using expanded polystyrene
because of its static charge potential.
Also avoid using particle-based
packaging materials because of possible
contamination.
4. Include a shipping bill and a
detailed listing of samples shipped. their
descriptions and all identifying numbers
or marks, sampling data, shipper’s name,
and contact information. For each
sample set. designate which are the
ambient samples, which are the
abatement area samples. which are the
field blanks. and which is the sealed
blank if sequential analysis is to be
performed.
5. Hand-carry samples to the
laboratory in an upright position if
possible; otherwise choose that mode of
transportation Least likely to ar the
samples in transit.
6. Address the package to the
laboratory sample coordinator by name
when known and alert hint 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
-------
‘1fl78 - Fede ai Reg sLcr ,‘ VoL 5Z . No. 210 / Friday. October 30. 1987 / Rules and Reguiauortr
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
used are adequate and the operations
are within acceptable limits. In this way.
the quality of the data is defined, and
the results are of known value. These
checks and tests also provide timely and
specific warning of any problems which
might develop within the sampling and
analysis operations. A description of
these quality control/quality assurance
procedures is summarized in the text
below.
1. Prescreen the loaded cassette
collection filters to assure that they do
not contain concentrations of asbestos
which may interfere with the analysis of
the sample. A filter blank average of
less than 18 s/rnrn in an area of 0.057
Lnorntnally 10 200-mesh grid
open ings) and a maximum of 53 s/mm 2
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. Open a loaded cassette
momentarily at one of the indoor
sampling sites when sampling is
initiated. This sample will serve as an
indoor field blank.
8. Open a loaded cassette
momentarily at one of the outdoor
sampling sites when sampling is
initiated. This sample will serve as an
outdoor field blank.
9. Carry a sealed blank into the field
with each sample series. Do not open
this cassette in the field.
10. Perform a leak check of the
sampling system at each indoor and
outdoor sampling site by activating the
pump with the 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 interrupting 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/sne
is not available.
2. Adhere to the following procedures
to ensure both the continued chain-of-
custody and the accountability of all
samples passing through the laboratory:
a. Note the condition of the shipping
package and data written on it upon
receipt.
b. Retain all bills of lading or shipping
slips to document the shipper and
delivery time.
c. Examine the chain-of-custody seal,
if any. and the package for its integrity.
d. U there has been a break in the seal
or substantive damage to the package.
the sample coordinator shall
immediately notify the shipper and a
responsible laboratory manager before
any action is taken to unpack the
shipment.
e. Packages with significant damage
shall be accepted only by the
responsible laboratory manager after
discussions with the client.
3. Unwrap the shipment in a clean.
uncluttered facility. The sample
coordinator or his or her designee will
record the contents. including a
description of each item and all
identifying numbers or marks. A Sample
Receiving Form to document this
information is attached for use when
necessary. (See the following Figure 3.)
UJN0 COOS M
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Fed ra Re i I2r I Vol. 52. No 210 I Friday, October 30. 1987 / Rule3 and Regulations 41879
FIGURE 3--SAMPLE RECEIVING FORM
Date of package deliveiy Package shipped from _______________
Carrier ____________________ Shipping bill retained ______________
*Condition of package on receipt__________________________________________________
*CondiUon of custody seal _______________________________________
Number of samples received ______________ Shipping manifest attached _________________
Purchase Order No. ___________________ Project LD. ___________________________
Comments
Sampling Sampled
Meditmi Vohime Receiving
Descriixjpn MCE Liter ID I Assigned I
1 ____________________ — ___ ____ _____ _____
2 ________________ — __ ___ ____ ____
3 _________________ — __ ___ ____ ____
4 ___________________________________________
6 ___________________________________________
7 ___________________________________________
8 ________________________________________________
9 ______________________________________________
10 _____________________________________ _____
11 ___________________________________________ — ______ ________ __________ ___________
12 ___________________________________ — _____ ______ ________ _________
13 _________ — _ __ ____
(Use as many additional sheets as needed.)
Comments _____________________________
Date of acceptan into sample bank______
Signature of chain-of-custody recipient________________________________________
Disposition of samples
‘Nose lithe p.e ge s mszained substanüai damage or the custody seal is oken, amp and comics the woject
manager and the shipper.
•w..o eoo€ iu c
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41880 Feder... t Re ’kt r / Vol. 52. No. 2W / Frida ’, October 30. 198 / RLle and Recu !!c:.s
Nute.—The person breaking the chain-of
custody ieal and Itemizing the contents
assumes responsibility for the shipment and
signs documents accordingly,
4. Assign a laboratory number and
schedule an analysis sequence.
5. Manage all chain-of-custody
samples within the laboratory such that
their integrity can be ensured and
documented.
F. Sample Preparation
1. Personnel not affiliated with the
Abatement Contractor shall be used to
prepare samples and conduct TEM
analysis. Wet-wipe the exterior of the
cassettes to minimize contamination
possibilities before taking them to the
clean sample preparation facility.
2. Perform sample preparation in a
well-equipped clean facility.
Note—The clean area 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
KEPA filtered. The cumulative analytical
blank concentration must average less than
18 s/mm 2 in an area of 0.057 s/mm
(nominally O ZOO-mesh grid openrngsl with
no more than one single preparation to
exceed 53 s/mm 2 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 analysis. Currently
recommended direct preparation
procedures for polycarbonate (PC) and
mixed cellulose ester (MCE) filters are
described in Unit ULF.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 Ill. ).
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 II1.F.7.
d. Examples of techniques used to
prepare mixed cellulose ester filters are
described in Unit ULF.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 and TEM grids.
c. Scalpel Holder and Curved No. 10
Surgical Blades.
d. Microscope slides.
e. Double-coated adhesive tape.
f. Gummed page reinforcements.
g. Micro-pipet with disposal tips 10 to
100 L variable volume.
h. Vacuum coating unit with facilities
for evaporation of carbon. Use of a
liquid nitrogen cold trap above the
diffusion pump will minimize the
possibility of contamination of the filter
surface by oil from the pumping system.
The vacuum-coating unit can also be
used for deposition of a thin film of gold.
i. Carbon rod electrodes.
Spectrochemically pure carbon rods are
required for use in the vacuum
evaporator for carbon coating of filters.
j. Carbon rod sharpener. This is used
to sharpen carbon rods to a neck. The
use of necked carbon rods (or
equivalent) allows the carbon to be
applied to the filters with a minimum of
heating.
k. Low-temperature plasma asher.
This is used to etch the surface of
collapsed mixed cellulose ester (M E)
filters. The asher should be supplied
with oxygen. and should be modified as
necessary to provide a throttle or bleed
valve to control the speed of the vacuum
to minimize disturbance of the filter.
Some early models of ashers admit air
too rapidly, which may disturb
particulate, on the surface of the filter
during the etching step.
1. Glass petri dishes. 10 cm in
diameter. 1 cm high. For prevention of
excessive evaporation of solvent when
these are In use, a good seal must be
provided between the base and the lid.
The seal can be unproved by grinding
the base and lid together with an
abrasive grinding material.
m. Stainless steel mesh.
n. Lens tissue.
o. Copper 200-mesh TEM grids. 3 mm
in diameter, or equivalent.
p. Gold 200-mesh TEM grids. 3 m m in
diameter, or equivalent.
q. Condensation washer.
r. Carbon-coated, 200-mesh TEM
grids, or equivalent.
a. Analytical balance. 0.1 tag
sensitivity.
t. Filter paper. 9 c ia in diameter.
u. Oven or slide warmer. Must be
capable of maintaining a temperature of
65—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 deionized water is
satisfactory for this purpose. Reagents
must be fiber-free.
b. Polycarbonate preparation
method.—chloroforrn.
C. Mixed Cellulose Ester (MCE)
preparation method—acetone or the
Burdette procedure (Ref. 7 of Unit 11I.L).
7. TEM specimen preparation from
polycarboriate filters.
a. Sp cimen preparation laboratory. it
is most important to ensure that
contamination of TEM specimens by
extraneous asbestos fibers is minimized
during preparation.
b. Cleaning of sample 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 appiy more carbon, the filter will be
treated in the same way as an uncoated
filter. Carbon coating must be performed
with a high-vacuum coating unit. Units
that are based on evaporation of carbon
filaments in a vacuum generated only by
an oil rotary pump have not been
evaluated for this application, and must
not be used. The carbon rods should be
sharpened by a carbon rod sharpener to
necks of about 4 mm long and 1 mat in
diameter. The rods are installed in the
evaporator An such a manner that the
points are approximately 10 to 12 c m
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.
Polycarbonate filters are easily
stretched during handling, and cutting of
areas for further preparation must be
performed with great care. The filter and
the MCE backing filter are removed
together from the cassette and placed on
a cleaned glass microscope slide. The
filter can be cut with a curved scalpel
blade by rocking the blade from the
-------
Federal Regirter I VoL 52, No. 210 I Friday , October ‘30, 19 7 / Rutes and Regulatons
41& 1
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
rin the microscope slide. The filter strip
can be held with fine-point tweezers and
supported underneath by the scalpel
blade during placement on the
microscope slide. The analyst can place
several such strips on the same
microscope slide, taking care to rinse
and wet-wipe the scalpel blade and
tweezers before handling a new sample.
The filter strips should be identified by
etching the glass slide or marking the
slide using a marker insoluble in water
and solvents. Alter 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
cm 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
lens tissue. See References 6 and 10 of
Unit U1.L
g. Placing of specimens into the Jaffe
washer. The TEM grids are first placed
on a piece of lens tissue so that
individual grids can be picked up with
tweezers. Using a curved scalpel blade,
the analyst excises three 3 mm square
pieces of the carbon-coated
polycarbonate filter from the filter strip.
The three squares are selected from the
center of the strip and from two points
between the outer periphery of the
active surface and the center. The piece
of filter is placed on a TEM specimen
grid with the shiny side of the TEM grid
facing upwards. and the whole assembly
is placed boldly onto the saturated lens
tissue in the Jaffe washer. If carbon-
coated grids are used, the filter should
be placed carbon-coated side down. The
three excised squares of filters are
placed on the same piece of lens tissue.
Any number of separate pieces of lens
tissue may be placed in the same Jaffe
washer. The lid is then placed on the
Jaffe washer, and the system is allowed
to stand for several hours, preferably
overnight.
h. Condensation washing. It has been
found that many polycarbonate filters
will not dissolve completely in the Jaffe
washer, even after being exposed to
chloroform for as long as 3 days. This
problem becomes more serious if the
surface of the filter was overheated
during the carbon evaporation. The
presence of undissolved filter medium
on the TEM preparation leads to partial
or complete obscuration of areas of the
sample, and fibers that may be present
In these areas of the specimen will be
overlooked; this will lead to a low result.
Undissolved filter medium also
compromises the ability to obtain ED
patterns. Before they are counted. TEM
grids must be exanuned critically to
determine whether they are adequately
cleared of residual filter medium. It has
been found that condensation washing
of the grids after the initial Jaffe washer
treatment, with chloroform as the
solvent, clears all residual filter medium
In a period of approximately 1 hour. In
practice, the piece of lens tissue
supporting the specimen grids is
transferred to the cold finger of the
condensation washer, and the washer is
operated for about 1 hour. If the
specimens are cleared satisfactorily by
the Jaffe washer alone, the condensation
washer step may be unnecessary.
8. TEM specimen preparation from
MCE filters.
a. This method of preparing TEM
specimens from MCE filters is similar to
that specified in NIOSI-l Method 7402.
See References 7, 8, and 9 of Unit U1.L.
b. Upon receipt at the analytical
laboratory, the sample cassettes must be
cleaned of any contamination adhering
to the outside surfaces before entering
the clean sample preparation area.
c. Remove a section from any
quadrant of the sample and blank filters.
d. Place the section on a clean
microscope slide. Affix the filter section
to the slide with a gummed paged
reinforcement or other suitable means.
Label the slide with a water and
solvent-proof marking pen.
e. Place the slide in a petri dish which
contains several paper filters soaked
with 2 to 3 mL acetone. Cover the dish.
Wait 2 to 4 minutes for the sample filter
to fuse and clear.
f. Plasma etching of the collapsed
filter is required.
I. The microscope slide to which the
collapsed filter pieces are attached is
placed in a plasma asher. Because
plasma ashers vary greatly in their
performance, both from unit to unit and
between different positions in the asher
chamber, it is difficult to specify the
conditions that should be used. This is
one area of the method that requires
further evaluation, Insufficient etching
will result in a failure to expose
embedded filters, and too much etching
may result in loss of particulate from the
surface. As an interim measure, it is
recommended that the time for ashing of
a known weight of a collapsed filter be
established and that the etching rate be
calculated in terms of micrometers per
second. The actual etching time used for
a particular asher and operating
conditions will then be set such that a 1—
2 p.m (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 a 6 mm thick disk of clean
spongy polyurethane foam. Cut a V-
notch on the edge of the foam and filter
paper. Use the V-notch as a reservoir for
adding solvent. The wicking substrate
should be thin enough to fIt into the petri
dish without touching the lid.
i. Place carbon-coated TEM grids face
up on the filter or lens paper. Label the
grids by marking with a pencil on the
filter paper or by putting registration
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418C2 Federal Registr.r / Vc . . 2. No. 10 I Friday. October 30, 1987 / Ruler and Regulaticr.s
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.
j. Remove about a quarter section of
the carbon-coated filter samples from
the glass slides using a surgical knife
and tweezers. Carefully place the
section of the filter, carbon side down.
on the appropriately labeled grid in the
acetone-saturated petri dish. When all
filter sections have been transferred,
slowly add more solvent to the wedge-
shaped trough to bring the acetone level
up to the highest pouible level without
disturbing the sample preparations..
Cover the peth dish. Elevate one side of
the petri dish by placing a slide under it.
This allows drops of condensed solvent
vapors to form near the edge rather than
in the center where they would drip onto
the grid preparation.
C. TEM Method
1. instrumentation.
a. Use an 80—120 kV TEM capable of
performing electron diffraction with a
fluorescent screen inscribed with
calibrated gradations. if the TEM is
equipped with EDXA it must either have
a STEM attachment or be capable of
producing a spot less than 250 nm l i t
diameter at crossover. The microscope
shall be calibrated routinely (see Unit
iII.J.) for magnification and camera
constant.
b. While not required on every
microscope in the laboratory. the
laboratory must have either one
microscope equipped with energy
dispersive X-ray analysis or access to
an equivalent system on a TEM in
another laboratory. This must be an
Energy Dispersive X-ray Detector
mounted on TEM column and associated
hardware/software to collect, save, and
read out spectral information.
Calibration of Multi-Channel Analyzer
shall be checked regularly for Al at 1.48
KeV and Cu at 8.04 KeV. as well as the
manufacturer s procedures.
i. Standard replica grating may be
used to determine magnification (e.g..
2160 lines/mm).
ii. Gold standard may be used to
determine camera constant.
c. Use a specimen holder with single
tilt and/or double tilt capabilities.
2. Procedure.
a. Start a new Count Sheet for each
sample to be analyzed. Record on count
sheet; analysts initial .s and date; lab
sample number client sample number
microscope identification; magnification
for analysis; number of predetermined
grid openings to be analyzed. and grid
identification. See the following Figure
4:
coes
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Federal Register I Vol. 52. No. 210 / Friday. Or.tober 30. 1987 / Rules nod Re !lationc
FIGURE 4--COUNT SHEET
Filter Type
Filter Area
Grid I.D._
Grid Opening (GO) Area
No. GO to be AnajYZed
Operator —
Date
Comments
418 3
- Bundle
C a Chuter
F a Fiber
M — Menu
ulWNO coca use-so-c
NFD a No flbere detected
N a No diffraction obtained
Lab Sample No.
Client Sample No.
Instrument I.D. —
Magnification
Acc. Voltage
, . ,.Inu.
GO
Structure
No.
Structwe
Tvn *
Length
ED ObscTvatiofl
)AX
c
Stun
5 tim
Chivc.
Anmh.
“ -
Nev. ID
Smson n
No.
Sw. on r
Type•
Lcnjth
ED Observation
U)AX
<5 &rn
Sjim
Ct s.
Ainph.
Nonsab.
Neg. ID
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41834 Feder. I Rr ist r I V l. 52. No. 210 / Friday , October 30, 198 ’ / Rules and Regulations
b. Check that the microscope is
properly aligned and calibrated
according to the manufacturer’b
specifications and instructions.
c. Microscope settings: 80—120 kV. grid
assessment 250—1000X , then 15.000-
20.000X screen magnification for
analysis.
d. Apprcximately one-half (0.5) of the
predetermined sample area to be
analyzed shall be performed on one
sample grid preparation and the
remaining half on a second sample grid
preparation.
e. Determine the suitability of the grid.
i. Individual grid openings with
greater than 5 percent openings (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 (
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Federal Register / Vol. 52. No. 210 / Friday. October 30. 19 7 / Rules and Regulatiors 41885
- - _________________________
FIGURE 5--COUNTING GUIDELINES USED IN
DETERMINING ASBESTOS STRUCTURES
Count as 1 fiber; 1 Structure; r intersections.
wit as 2 fibers if space bet en fibers is greater than width of 1 fiber
diameter or rnrnber of intersections is equal to or less than 1.
\
Count as 3 structures if space bet en fiI ers is greater than width of 1. fiber
diameter or if the rn.znber of intersections is equal to or less than 2.
0*mt bundles as 1 structure; 3 or ucre parallel fibrils less
than 1 fiber diat ter separation.
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41886 — Fpr eral Reaister ‘ Vol 2 No Z 0 / Frid v. October 30. 1 87 / Rules and ReguIa i¼rns
Co it clusters a.s 1 structure; fibers having greater than or e ua1 to
3 intersections.
T AS 5’1’RUCI S:
Fiber protx sion
<5:1 Asp t Ratio
Fiber protrusion
<0.5 rnic ieter
<0.5 mi seter in length
<5:1 Asoect Ratio
Count matrix as 1 structure.
No fiber protusion
SIWNG coo! SMO-IS-C
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Federal Register I Vol. 52. No. 210 / Fnd xy. Octi)) i’ 30, gir / Rules and Reli ticir
41867
An intersection is a non-parallel
touching or crossing of fibers, with the
projection having an aspect ratio of 5:1
or greater. Combinations such as a
matrix and duster, matrix and bundle.
or bundle and cluster are categorized by
the dominant fiber quality—cluster.
bundle, and matrix, respectively.
Separate categories will be maintained
for fibers less than 5 p.m and for fibers
greater than or equal to 5 p.m in length.
Not required, but useful, may be to
record the fiber length in I p.m intervals.
(Identify each structure morphologically
and analyze it as it enters the
“window”.)
(1) Fiber. A structure having a
minimum length greater than 0.5 p.m and
an aspect ratio (length to width) of 5:1 or
greater and substantially parallel sides.
Note the appearance of the end of the
fiber, i.e., whether it is flat, rounded or
dovetailed, no intersections.
(2) Bundle. A structure composed of 3
or more fibers in a parallel arrangement
with each fiber closer than one fiber
diameter.
(3) Cluster. A structure with fibers in a
random arrangement such that all 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
particulates 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 3 concentration. (Generally this
means the first four fibers identified as
asbestos must exhibit an identifiable
diffraction pattern for chrysoule 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: chrysotile.
amphibole, or nonasbestos.
(1) Chrysotile: The chrysotile asbestos
pattern has characteristic streaks on the
layer lines other than the central line
and some streaking also on the central
line. There will be spots of normal
sharpness on the central layer line and
on alternate lines (2nd. 4th. etc.). The
repeat distance between layer lines is
0.53 nm and the center doublet is at a.7
run. The pattern should display (002),
(110), (130) diffraction maxima;
distances and geometry should match a
cluysotile pattern and be measured
semiquantitatively.
(2) Amphibole Group (includes
grunerite (amosite), crocidolite,
anthophyllite, tremolite, and actinolite):
Amphibole asbestos fiber patterns show
layer lines formed by very closely
spaced dots, and the repeat distance
between layer lines is also about 0.53
nm. Streaking in layer lines is
occasionally present due to crystal
structure defects.
(3) Nonasbestos: Incomplete or
unobtainable ED patterns, a
nonasbestos EDXA. or a nonasbestos
morphology.
Iii. The rnicrograph 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. U 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 2 concentration.
(Generally speaking, the first 4
amphiboles would require EDXA.)
ii. 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
noriasbestos.
iv. Compare spectrum profiles with
profiles obtained from asbestos
standards. The closest match identifies
and categorizes the structure.
v. U the EDXA is used for
confirmation, record the properly
labeled spectrum on a computer disk, or
If a hard copy, file with analysis data.
vi. If the number of fibers in the
nonasbestos class would cause the
analysis to exceed the 70 s/mm 2
concentration, their identities must be
confirrne4 by EDXA or measurement of
a zone axis diffraction pattern to
establish that the particles are
nonasbestos.
k. Stopping Rules.
i. If more than 50 asbesti form
structures are counted in a particular
grid opening, the analysis may be
terminated.
Ii. After having counted 50
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.
1. Recording Rules. The count sheet
should contain the following
information:
i. Field (grid opening): List field
number.
ii. Record ‘NSD’ if no structures are
detected.
iii. Structure information.
(1) If fibers, bundles, clusters, and/or
matrices are found, list them in
consecutive numerical order, starting
over with each field.
(2) Length. Record length category of
asbestos fibers examined. Indicate if
less than 5 p.m or greater than or equal
toS tim.
(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
-------
4i5 }edeTalRicte /Vot. 52. No. 210 I Friday , O:tober 0, 1957 I Rules arid Re uI tions
sheet. X-ray analysis alone can be used
as sole identification only after 70s/mzri 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/nun 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) IF an electron diffraction was
attempted and an appropriate spectra is
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 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 dovetailecL
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 no
structures are detected in the field.
n. After all necessary analyses of a
particle structure have been completed.
return the goniometer stage to 0 degrees.
and return the structure to Its original
location by recall of the original
location.
a. 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 screen magnification); and
analyze until the stopping rule becomes
applicable.
q. Carefully record all data as they are
being collected. and check for accuracy.
r. After finishing with a grid, remove it
from the microscope, and replace it in
the appropriate grid hold. Sample grids
must be stored for a minimum of 1 year
from the date of the analysis; the sample
cassette must be retained for a minimum
of 30 days by the laboratory or returned
at the clients request.
H. Sample Analytical Sequence
1. Carry out visual inspection of work
site prior to air monitoring.
2. Collect • minimum of five air
samples inside the work site and five
samples outside the work site. The
indoor and outdoor samples shall be
taken during the same time period.
3. Analyze the abatement area
samples according to this protocol. The
analysis must meet the 0.005 u/cm’
analytical sensItivity.
4. Remaining steps In the analytical
sequence are contained lit Unit IV. of
this Appendix.
L Reporting
The following information must be
reported to the client. See the following
Table I L
SS UNO COOS -
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Federal Register / VcI. 5Z. No. 210 / Friday. October 30, 1967 I Rules and Regul ti ns
— —
TABLE 11-—EXAMPLE LABORATORY LETTERHEAD
41889
INDIVIDUAL ANALYTICAL RESULTS
—
LD.
An
eke!
The analysis was carried out to the appmved TEM method. This laboratory is in nnpliance with the quality
specified by the method. ______________________
Authorized Signature
Laboratory
1.D.
Client
I.D.
FILTER
MEDIA DATA
At a. mm
Sample
Volume, cc
Tvte
Dismeter. mm
Eff uve Area.rnrn
Pore Size. un
Clieni
I.D.
I Asbesws
cii-, v ..e
CONCENTRATION
Structures/cc
— %•,a• — . In. —. ——
- - .wa
— — — -
• o coci c
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4 ct F4 raRegi.cte VoL 52. No. 210 I Friday , October 30. 1987 / Rules and Reulations
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 samples (which was
initially provided by client).
6. Average d 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 AHERA method.
10. Report form must contain 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 wishin.g to develop
capabilities may acquire necessary
knowledge through analysis of
appropriate standards and by following
detailed methods as described in
References 8 and 10 of Unit .L
1. Equipment Calibration. In this
method, calibration is required for the
air-sampling equipment and the
transmission electron microscope
(1D 4).
a. TEM Magnification. The
magnification at the fluorescent screen
of the TEM must be calibrated at the
grid opening magnification (if used) and
also at the magnification used for fiber
counting. This is performed with a cross
grating replica. A logbook must be
maintaingd . and the dates of calibration
depend on the past history of the
particular microscope: no frequency is
specified. After any maintenance of the
microscope that involved adjustment of
the power supplied to the lenses or the
high-voltage system or the mechanical
disassembly of the electron optical
column apart from filament exchange.
the magnification must be recalibrated.
Before the TEM calibration is
performed, the analyst must ensure that
the cross grating 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 measurable 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 saeen. Ensure that the
goniometer stage tilt is 0 degrees.
iii. Adjust microscope magnification
to 10.000X or 20.000X. Measure the
distance (mm) between two widely
separated line, on the grating replica.
Note the number of spaces between the
lines. Take care to measure between the
same relative positions on the lines (e.g..
between left edges of lines).
Note—The more space, included in the
mse.wemern. th. mete .cowste the final
calculation. On most microscopes, however.
the magnification Is substantially constant
only within the central 8—10 cm diameter
region of the fluorescent screen.
i v. Calculate the ue magnification
(M) on the fluorescent screen:
M —XG/Y
where:
X — total distance (mm) between the
designated grating lines;
C—calibration constant of the grating
replica (lines/mm):
Y numnber of grating replica spaces
counted along X.
c. Calibration of the EDXA System.
Initially, the EDXA system must be
calibrated by using two reference
elements to calibrate the energy scale of
the instrument. When this has been
completed in accordance with the
manufacturer’, in tnictjons, calibration
in terms of the different types of
asbestos can proceed. The EDXA
4 ’.c tnrs vary In both solid angle of
detection and in window thickness.
‘Therefore, at a particular accelerating
voltage Ia use on the TEM. the count
rate obtained from specific dimensions
of fiber will vary both in absolute X-ray
count rate and in the relative X-ray peak
heights for different elements. Only.
few minerals are relevant for asbestos
abatement wori . and in this procedure
the calibration is specified in terms of.
“fingerprint” technique. The EDXA
spectra must be recorded from
Individual fibers of the relevant
minerals, and Identifications are made
on the basis of semiquantitative
comparisons with these reference
spectra.
d. Calibration of Grid Openings.
I. Measure 20 grid openings on each of
20 random 200-mesh copper grids by
placing • grid on a glass slide and
examining it under the PCM. Use a
calibrated gr.ticule to measure the
average field diameter and use this
number to calculate the field area for an
average grid opentng. Grids are to be
randomly selected from batches up to
1.000.
Note—A grid opernng is considered as one
field.
IL 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 fitted with a scale that has
been calibrated against a stage
micrometer, Optical microscopy utilizing
manual or automated procedures may
be used providing instrument calibration
can be verified.
a. Determination of Camera Constant
and ED Pattern Analysis.
1. 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 aputtered or
evaporated. A thin film of gold is
evaporated on the specimen TD 1 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 flInt 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 vanety 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
-------
Fede:al Register / Vol. 57. No. 210 / Fridu’., October 30. Wd / Rules and Re 1ations 41891
- —
defined qu hty if the analytical result is
to be a reliable and meaningful test
result. Accordingly. a series of control
checks and reference standards is
performed along with the sample
analysis as indicators that the materials
used are adequate and the operations
are within acceptable limits. In this way.
the quality of the data is defined and the
results are of known value. These
checks and tests also provide timely and
specific warning of any problems which
frught develop within the sampling and
analysis operations. A description of
these quality control/quality assurance
procedures is summarized in the
following Table III:
•IWNG CODE 5O-5O-4
-------
Federal Register I \O . 52 “ C. 2 fl Ociobe 3Y. lPR / Re r:’i Re t:on.
TABLE Ill—-SUMMARY OF LABORATORY
DATA QUALITY OBJECTIVES
tJnI! C r nc’n
OC Check
Conformance
Exoe ctauo
Sample receiving
Sample custody
Sample preparazion
Sample anaiysis
Perfomw check
Calculazions and
daa red flon
Review of receiving report
Review of chain-of-custody record
Supplies and reageru.s
Gnd opening size
Speciai clean area monitoring
Laboratory blank
Plasma etch blank
Multiple preps (3 per sample)
System check
Alignment check
Magnificaüon calibi aiion with Low and high
ED calibration by gold standard
EDS iibrauon by copper line
Laboratory blank (measure of cleanlinesa)
Replicate coim ng (measw of precision)
Duplicate anajysts (measure of reprv ibiliry)
Known wnplesof typical ma&thals
(wo,ting anda,ds)
Analysis of NBS SRM 1876 and/orRM $410
(measure of ac ,acy and m abi1iry)
Data envy review (data v I t ’ion and mea e
of completeness)
Record and verify ID eleeuon diffracóon psuam
of avucuire
Hand calculation of automated d a i’edec6an
procedure or Uidependent r nlvinn of hand-
calculated data
Each sample
Each sample
On receipt
2(1 openingsf2o gndslloz
of 1000 or I opening/sample
/diet cleaning or service
lp erp repsenesor lO%
I per 20 samples
Each sample
Each day
Each day
Each month or after service
Weekly
Daily
Prep I peraeriesor 10%
read I per 25 samples
Iper lOOsamples
I per 100 samples
Training and for corn-
— with w owns
I per analyst per y
Each eareple
1 per 5 anmples
iper I00wnples
95% complete
95% complete
Meet specs. or reject
100%
Meet specs or mclean
Meet specs. or
reataiyze senes
75%
One with cover of 15
complete id sqs.
Each day
Each day
95%
95%.
95%
Meet specs or
reanalyze avies
15 a Poisson Sid. Dev.
2xPoissonStd.Dev.
100%
1.5 * Poisron Std. Dcv.
95%
% accuracy
85%
LLUNG 000( M
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Federal Regi ier / Vol. 52,No. 210/ Frid?y. O li,Ler 0. 1t C7 , i u1es 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 envirorunent monitored by
laboratory blanks and special testing
after cleaning or servicing the room.
4. Prepare multiple grids of each
sample.
5, Provide laboratory blanks with
each sample batch. Maintain a
cumulative average of these results. If
this average is greater than 53 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 asber.
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 111 of Unit IlliC .
10. Ensure qualified operator
performance by evaluation of replicate
counting, duplicate analysis, and
standard sample comparisons u set
forth in Table Ill of Unit IILIC.
11. Validate all data enthes.
12. Recalculate a percentage of all
computations and automatic data
reduction steps as specified In Table UI.
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 art asbestos abated ares.
Additional Information may be gained
by other control tests. Specifics on those
control procedures and options
available for envtramnental testing can
be obtained by consulting References 6,
7. and 11 of Unit IU.L.
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 560/5-85-034. June 1985.
L “Measuring Airborne Asbestos
Following an Abatement Action.”
USEPA/ Office of Toxic Substances,
EPA 600/4-85.-049, 1985.
3. Small, John and S. Steel. Asbestos
Standards: Materials and Analytical
Methods. N.B.S. Special Publication 819,
1982.
4. Campbell. Wj., R.L Blake, LL
Brown, E.K Cather, and J.J. Sjoberg.
Selected Silicate Minerals and Their
Asbestiformn 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-
Ova, USEPA, Office of Research and
Development. 1977.
6. Method 2A Direct Measurement of
Gas Volume Through Pipes and Small
Ducts. 40 CFR Part 80 Appendix A.
7. Burdette, C.J. Health & Safety Exec,,
Research & Lab. Services Div. , London,
‘Proposed Analytical Method for
Determination of Asbestos In Air.”
8. Chatfleld. Ej., Chatfield Tech.
Cons., Ud., Clark. T., PEI Assoc.
“Standard Operating Procedure for
Determination of Airborne Asbestos
Fibers by Transmission Electron
Microscopy Using Polycarbonate
Membrane Filters.” WERL SOP 87—i.
March 5.1987.
9. N1OSH Method 7402 for Asbestos
Fibers, December 11. 1088 Draft.
10. Yamate, G.. S.C. Agarwall, R.D.
Gibbons. lIT Research Institute,
“Methodology for the Measurement of
Airborne Asbestos by Electron
Microscopy.” Draft report USEPA
Contract 68-02—3288 July 1984.
11. Guidance to the Preparation of
Quality Assurance Protect Plans.
USEPA. Office of Toxic Substances,
1984.
I1 Mandatory lnteipretadan of
Transmission Electron Microscopy
Results to Determine Completion of
Response Actions
A. Introduction
A respons, action is determined to be
completed by TEM when the abatement
area has been cleaned and the airborne
asbestos concentration inside the
abatement ea Is no higher than
conceutrutiona 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 thit is lower
than the concentration of air snterthg
the abatement area from outdoors or
from other parts of the building. After
the abatement area has passed a
thorough visual inspection, and before
the outer containment barrier is
removed, a mìnunum of five air samples
inside the abatement area and a
minimum of five air samples outside the
abatement area must be collected.
Hence, the response action is
determined to be completed when the
average airborne asbestos concentration
measured Inside the abatement area is
not statistically different from the
average airborne asbestos concentration
measured outside the abatement area.
The inside and outside concentrations
are compared by the Z-test. a statistical
test that takes into account the
variability in the measurement process.
A minimum of five samples inside the
abatement area and five samples
outside the abatement area are required
to control the false negative error rate,
I.e., the probability of declaring the
removal complete when, in fact. the air
concentration inside the abatement area
is significantly higher than outside the
abatement area. Additional quality
control is provided by requiring three
blanks (filters through which no air has
been drawn) to be analyzed to check for
unusually high filter contamination that
would distort the test results.
When volumes greater than or equal
to 1.189 L for .25 mm filter and 2.799 L
for a37 mum 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
from the filter contazn!n tion/
background level fibers deposited on
the filter that are unrelated to the air
being sampled) . The sasening test
cannot be used when volumes of less
than 1,1091. for 25mm filter or 2,799 L
for a 37mm filter are collected because
the ability to distinguish levels
significantly different from filter
background is reduced at low volumes.
The initial sereening test is expressed
in structures per square millimeter of
filter because filter background levels
come front sources other than the air
being sampled and cannot be
meaningfully expressed as a
concentration per cubic centimeter of
air. The value of 70./mm’ is based an
the experience of the panel of
mlcroscopists who consider one
structure in 10 grid opening. (each grid
opening with an area of 0.0057 mnt 2 ) to
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42894 Fed raI Re ’er / Vol. 52. No. 210 I Friday, October30 . 1987 / Rules and Regulations
be comparable with contarnination/
background levels of blank filters. The
decision is based, in part, on Poisson
staustic j which indicate that four
structures must be counted on a filter
before the fiber count is statistically
distinguishable from the count for one
structure. As more information on the
performance of the method is collected.
this criterion may be modified. Since
different combinations of the number
and size of grid openings are permitted
under the TEM protocol, the criterion is
expressed in structures per square
millimeter of filter to be consistent
across all combinations. Four structures
per 10 grid openings corresponds to
approximately 70 s/mm 2,
B. Sample Collection and Analysis
1. A minimum of 13 samples is
required: five 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 nonmandatory protocols
in Appendix A. At least 0.057 mm 3 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
Lof air fora 25 m m filter. or2.79gLof
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
s/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-iest. The Z-test is
carried out by calculating
z=
Yl—Yc
0.8(1/n 1 +
where V, is the average of the natural
logarithms of the inside samples and V 0
is the average of the natural logarithms
of the outside samples. n, is the number
of inside samples and rt , 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 the concentration.)
2. If the abatement site does not
satisfy either (1) or (2) above, the site
must be recleaned and a new set of
samples collected.
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
terminate the analysis of existing
samples. reclean the abatement site, and
collect a new set of samples. The
following sequence is outlined to
minimize the number of analyses
needed to reach a decision.
1. Analyze the inside samples.
2. If at least 1.199 L of air for a 25 mm
filter or 2.799 L of air for a 37 mm filter is
collected for each inside sample and the
arithmetic mean concentration of
structures per square millimeter of filter
is less than or equal to 70 s/mm , the
response action is complete and no
further analysis is needed,
3. if less than 1.199 L of air for a 25
mm filter or 2.799 1. of air for a 37 mm
filter is collected for any of the inside
samples, or the arithmetic mean
concentration of structures per square
millimeter of filter is greater than 70
s/mm’. analyze the three blanks.
4. If the arithmetic mean
concentration of structures per square
millimeter on the blank filters is greater
than 70 s/rnm , 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$/mm’. analyze the
outside samples and perform the Z-test.
6. If the Z-statistic is less than or
equal to 1.85. the response action is
complete. lithe 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, Short-Duration Operations
Maintenanc, and Repair (O&M)
Activities Involving ACM
This appendix ii not mandatory. in
that LEAs may choose to comply with
all the requirements of 40 CFR 763.121.
Section 763.91(b) extends the protection
provided by EPA an its 40 CFR 763.121
for worker protection during asbestos
abatement profects 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
OSF’LA asbestos construction standard
at 29 CF’R 1926.58 or an asbestos worker
protection standard adopted by a State
as part of a State plan approved by
OSHA under section 18 of the
Occupational Safety and Health Act.
Employers wishing to be exempt from
the requirements of I 763.121 (e)(6) and
( 1 )121(i) may instead comply with the
provisions of this appendix when
performing small-scale, short-duration
O&M activities.
Definition of Small-Scale. Short-
Duration Activities
For the purposes of this appendix.
small-scale, short-duration maintenance
activities are tasks 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 asbesto..containing material
only If required in the performance of
emergency or routine maintenance
activity and not intended solely as
asbestos abatement. Such work may not
exceed amounts greater than those
which can be contained in a single
prefabricated minienclosure. Such an
enclosure shall conform spatially and
geometrically to the localized work area.
in order to perform Its intended
containment function.
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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 (0.1
f/cm’). (See 51 FR 22714. June 20. 1986.)
Several controls and work practices.
used either singly or in combination, can
be employed effectively to reduce
asbestos exposures during small
maintenance and renovation operations.
These include:
1. Wet methods.
2. Removal methods.
i. Use of glove bags.
Ii. Removal of entire asbestos
insulated pipes or structures.
iii. Use of minienclosures.
3. Enclosure of asbestos materials.
4. Maintenance programs.
This appendix describes these
controls and work practices in detail.
Preparation of the Area Before
Renovation or Maintenance Activities
The first step in preparing to perform
a small-scale, short-duration asbestos
renovation or maintenance task,
regardless of the abatement method that
will be used, is the removal from the
work area of all objects that are
movable to protect them from asbestos
contamination. Objects that cannot be
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 (F PA)
file: e vacu rn or be wet-wipod beiore
they arr removed from the work area or
completely encased in the plastic.
Wee 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 snould 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 minimi2e
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 used to remove small amounts of
asbestos-containing materials during
small-scale, short-duration renovation or
maintenance tasks. These include the
use of glove bags. the removal of an
entire asbestos-covered pipe or
structure, and the construction of
miniencloswes. 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. OSI -IA found that the use
of glove bags to enclose the work area
during small-scale, short-duration
maintenance or renovation activities
will result in employee exposure to
asbestos that are below the rule’s action
level 010.1 f/an . 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. OS 1 -IA has
determined that the use of these
procedures will reduce the 8-hour tune
weighted average (TWA) exposure of
employees involved in these work
o,erations 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 bog installation. Clove bags are
approximately 40-inch-wide times 64-
Inch-long bags fitted with arms through
which the work can be performed.
When properly Installed and used, they
permit workers to remain completely
Isolated from the asbestos material
removed or replaced inside the bag.
Glove bags can thus provide a flexible,
easily installed, and quickly dismantled
temporary smaLl work area enclosure
that Is Ideal for small-scal. 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-mU-
thick polyethylene plastic with areas of
Tyvek 1 material (the same material
‘Msstioo of bid. names orcosnm.vr.iml products
doss not constitut. midorsement or
rscomrn.nda*wo 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 0 5 1 - IA and EPA for bags
used to dispose of asbestos waste.
Glove bag equipment and supplies.
Supplies and materials that are
necessary to use glove bags effectively
include:
1. Tape to seal glove bag to the area
from which asbestos is to be removed.
2.. Amended water or other wetting
agents.
3. An airless sprayer for the
application of the wetting agent.
4. Bridging encapsulant (a paste-like
substance for coating asbestos) to seal
the rough edges of any asbestos-
containing materials that remain within
the glove bag at the points of attachment
after the rest of the asbestos has been
removed.
5. Tools such as razor knives, nips,
and wire brushes (or other tools suitable
for cutting wires. etc.).
6. A HEPA filter-equipped vacuum for
evacuating the glove bag (to minimize
the release of asbestos fibers) during
removal of the bag from the work area
and for cleaning any material that may
have escaped during the installation of
the glove bag.
7. HEPA-equApped dual-cartridge or
more protective respirators for use by
the employees involved in the removal
of asbestos with the glove bag.
Glove bag work practices. The proper
use of glove bags requires the following
steps:
1. Glove bags must be Installed so that
they completely cover the pipe or other
structure where asbestos work is to be
done. Glove bags are installed by
cutting the sides of the glove bag to fit
the size of the pipe from which asbestos
is to be removed. The glove bag Is
attached to the pipe by folding the open
edges together nd 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 1-IEPA-equipped respirator;
respirators should be worn by
employees who are in close contact with
the glove bag and who may thus be
exposed as a result of small gaps in the
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4189 Fecieral iL ter I V. l 52, No. 210 / Friday. Octcber 30. 1987 f Rules 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 material
from the pipe or other surface that has
fallen into the enclosed bag must be
thoroughly wetted with a wetting agent
(applied with an airless sprayer through
the precut port provided in most gloves
bags or applied through a small hole in
the bag).
4. Once the asbestos material has
been thoroughly wetted, it can be
removed from the pipe. beam. or other
surface. The choice of toot to use to
remove the asbestos-containing material
depends on the type of material to be
removed. Asbestos-containing materials
are generally covered with painted
canvas and/or wire mesh. Painted
canvas can be cut with a razor knife and
peeled away from The asbestos-
containing material underneath. Once
the canvas has been peeled away. the
asbestos-containing material
underneath may be dry. in which case it
should be resprayed with a wetting
agent to ensure that it generates as little
dust as possible when removed. If the
asbestos-containing material is covered
with wire mesh, the mesh should be cut
with nips. tin snips, or other appropriate
tool and removed.
A wetting agent must then be used to
spray any layer of dry material that is
exposed beneath the mesh. the surface
of the stripped underlying structure. and
the inside of the glove bag.
5. After removal of the layer of
asbestos-containing material, the pipe or
surface from which asbestos baa 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 encapsulent 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 HEPA
vacuum can then be removed from the
bag and the glove bag Itself can be
removed from the work area to be
disposed of properly.
Minienclosures. 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 6-mit-thick polyethylene plastic
sheeting and can be small enough to
restrict entry to the asbestos work area
to one worker.
For example. a ininienclosure 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
wails with spray adhesive and tape.
2. Covering the floor with plastic and
sealing the plastic covering the floor to
the plastic on the walls.
3. Sealing any penetrations such as
pipes or electrical conducts with tape.
4. ConstructIng a small change room
(approximately 3 feet square) made of 8.
mu-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 wcrk
area. While inside nilnienclosure. the
worker should wear Tyvek 1 disposable
coveralls and use the appropriate
HEPA-filtered dual-cartridge or more
protective respiratory protection.
The advantages of minlenclosures 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. Th. disadvantage of
sniniencloswes 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 reteue of asbestos
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-nut polyethylene plastic
and securely sealed with duct tape or
equivalent. This plastic covering will
prevent asbestos fibers from becoming
airborne as a result of the vibration
created by the power saws used to cut
the pipe. If possible. the pipes should be
cut at locations that are not insulated to
avoid disturbing the asbestos. If a pipe
is completely insulated with asbestos.
containing materials, small sections
should be stripped using the glove-bag
method described above before the pipe
is cut at the stripped sections.
Enclosure. The decision to enclose
rather than remove asbestos-containing
material from an area depends on the
building owner’s preference. i.e., for
removal or containment. Owners
consider such factors as cost
effectiveness, the physical configuration
of the work area, and the amount of
traffic in the area when determining
which abatement method to use.
U 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., br 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 board.;, boards with
spine joints, or gypsum boards having
taped seams. The underlying structure
must be able to support the weight of the
enclosure. (Suspended ceilings with
laid-In panels do not provide airtight
enclosures and should not be used to
enclose structures covered with
asbestos-containIng materials.) All
joints between the walls and ceiling of
the enclosure should be caulked to
prevent th. escape of asbestos fibers.
During the Installation of enclosures.
tools that are used (such as drills or
rivet tools) should be equipped with
HEPA-filtered vacuums. Before
constructing the enclosure. all electrical
conduits. telephone lines, recessed
lights, and pipes in the area to be
enclosed should be moved to ensure that
the enclosure will not have to be re-
opened later for routine or emergency
maintenance. If such lights or other
equipment cannot be moved to a new
location for logistic reasons, or If moving
them will disturb the asbestos-
containing materials, removal rather
than enclosure of the asbestos-
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_!e r Register / Vol. 52, No. 210 / Friday, October 30. 1 67 / Rules and Regulations
41897
containing materials is the appropriate
control method to use.
Maintenance progrom, An asbestos
maintenance program must be initiated
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 and renovation
activities.
4. Written procedures for asbestos
disposal.
5. Written procedures for dealing with
asbestos-related emergencies.
Members of the building’s
maintenance engineering staff
(electricians, heating/air conditioning
engineers, plumbers, etc.) who may be
required to handle asbestos-containing
materials should be trained in safe
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 personci protection during
maintenance activities.
Prohibited octivities. 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 hole. 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
asbestos-containing 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—Tr*nsport
and Disposal of Asbestos Waste
For the purposes of this appendix,
transport is defined as all activities from
receipt of the containerized asbestos
waste at the generation site until it has
been unloaded at the disposal site.
Current EPA regulations state that there
must be no visible emissions to the
outside air during waste transport.
However, recognizing the potential
hazards and subsequent liabilities
associated with exposure, the following
additional precautions are
recommended.
Recordkeeping. Before accepting
wastes, a transporter should determine
if the waste is properly wetted and
containerized. The transporter should
then require a chain-of-custody form
signed by the generator. A chain-of-
custody form may include the name and
address of the generator. the name and
address of the pickup site, the estimated
quantity of asbestos waste, types of
containers used, and the destination of
the waste. The chain-of-custody form
should then be signed over to a disposal
site operator to transfer responsibility
for the asbestos waste. A copy of the
form signed by the disposal site operator
should be maintained by the transporter
as evidence of receipt at the disposal
site.
‘Waste handling. A transporter should
ensure that the asbestos waste Is
properly contained In leak-tight
containers with appropriate labels, and
that the outside surfaces of the
containers are not contaminated with
asbestos debris adhering to the
containers. If there is reason to believe
that the condition of the asbestos waste
may allow significant fiber release, the
transporter should not accept the waste.
Improper containerization of wastes is a
violation of the NESHAP. regulation
and should be reported to the
appropriate EPA Regional Asbestos
NESHAPs contact below
Region I
Asbestos NESHAPs Contact, Air
Management Division. USEPA, Region I.
JFK Federal Building. Boston, MA 02203,
(617) 223—3286.
Region II
Asbestos NESHAPs Contact. Air &
Waste Management Division, USEPA,
Region Ii, 28 Federal Plaza. New York,
NY 10007, (212) 284—6770.
Region III
Asbestos NESHAPs Contact. Air
Management Division. USEPA. Region
LU. 841 Chestnut Street. Philadelphia. PA
19107, (215) 597—9325.
Region IV
Asbestos NESHAPs Contact, Air,
Pesticide & Toxic Management. USEPA,
Region l v, 345 Courtland Street. NE.,
Atlanta, GA 30365, (404) 347—4298.
Region V
Asbestos NESHAPs Contact, Air
Management Division, USEPA, Region
V. 230 S. Dearborn Street, Chicago. IL
60604, (312) 353—6793.
Region Vi
Asbestos NESHAPs Contact, Air &
Waste Management Division. USEPA,
Region VI. 1445 Ross Avenue. Dallas,
TX 75202. (214) 655—7229.
Region VII
Asbestos NESHAPS Contact. Air &
Waste Management Division, USEPA,
Region VU, 726 Minnesota Avenue.
Kansas City, KS 68101. (913) 235-2896.
Region VIII
Asbestos NESHAPs Contact, Air &
Waste Management Division, USEPA
Region Viii, 999 18th street. Suite 500.
Denver, CO 80202, (303) 293—1814.
Region IX
Asbestos NESHAPs Contact. Air
Management Division, LISEPA, Region
IX, 215 Fremont Street, San Francisco,
CA 94105, (415) 974-7633.
Region X
Asbestos NESHAPa 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 transpoit Although there are
no regulatory specifications regarding
the transport vehicle, It is recommended
that vehicles used for transport of
containerized asbestos waste have an
enclosed carrying compartment or
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41898 Federal ReRister / Vol. 52. No. 210 I Friday. October 30, 1987 / Rules and Regulations
utilize a canvas covering sufficient to
contain the transported waste, prevent
damage to containers, and prevent fiber
release. Transport of large quantities of
asbestos waste is commonly conducted
in a 20-cubic-yard “roll off’ box, which
should also be covered. Vehicles that
use compactors to reduce waste volume
should not be used because these will
cause the waste container -s to rupture.
Vacuum trucks used to transport waste
slurry must be inspected to ensure that
water is not leaking from the truck.
Disposal involves the isolation of
asbestos waste material in order to
prevent fiber release to air or water.
Landfilling is recommended as an
environmentally sound isolation method
because asbestos fibers are virtually
immobile in 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 end inactive
disposal sites under NESHAPs (40 CFR
Part 81. 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 nonasbectos material.
normally soil, or a dust-suppressing
chemical. In addition to these federal
requirements, many state or local
government agencies require more
stringent handling procedures. These
agencies usually supply a list of
‘approved” or licensed asbestos
disposal sites upon request. Solid waste
control agencies are listed in local
telephone directories under state.
county, or city headings. A list of state
solid waste agencies may be obtained
by calling the RCR.A hotline: 1-800-424-
9346 (382—3000 in Washington. DC ).
Some landfill owners or operators place
special requirements on asbestos waste,
such as placing ill bagged waste Into 55-
gallon metal drums. Therefore. a8bestos
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 approprtately.
The appropriate EPA Regional Asbestos
NESHAPS Contact should be notified if
the landfill operator believes that the
asbestos waste is in a condition that
may cause significant fiber release
during disposal. In situations when the
wastes are not properly containerized,
the landfill operator should thoroughly
soak the asbestos with a water spray
prior to unloading, rinse out the truck,
and immediately cover the wastes with
nonasbestos material prior to
compacting the waste in the landfill.
Waste deposition and covering.
Recognizing the health dangers
associated with asbestos exposure, the
following procedures are recommended
to augment current federal requirements:
Designate a separate area for
asbestos waste, disposal. Provide a
record for future landowners that
asbestos waste has been buried there
and that it would be hazardous to
attempt to excavate that area. (Future
regulations may require property deeds
to identif y the location of any asbestos
wastes and warn against excavation.)
• Prepare a separate trench to receive
asbestos wastes. The size of the trench
will depend upon the quantity and
frequency of asbestos waste delivered
to the disposal site. The trenching
technique allows application of soil
cover without disturbing the asbestos
waste containers. The trench should be
ramped to allow the transport vehicle to
back into It. and the trench should be as
narrow as possible to reduce the amount
of cover required. If possible, the trench
should be aligned perpendicular to
prevailing winds.
• Place the asbestos waste containers
into the trench carefully to avoid
breaking them. Be particularly careful
with plastic bags because when they
break under pressure asbestos particles
can be emitted.
• Completely cover the containerized
waste wIthin 24 hour, with a mivdrnum
of 6 inches of nonasbestos material.
improperly containerized waste isa
violation of the NESHAPs and EPA
should be notified.
However, if improperly containerized
waste Ii 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 final cover, it should be
properly graded and vegetated. In areas
of the United States where excessive
soil erosion may occur or the frost line
exceeds 3 feet. additional final cover is
recommended. In desert areas where
vegetation would be difficult to
maintain. 3—6 inches of well graded
crushed rock is recommended for
placement on top of the final cover.
Controlling public access. Under the
current NESHAPs regulation. EPA does
not require that a landfill used for
asbestos disposal use warning signs or
fencing if it meets the requirement to
cover asbestos wastes. However, under
RCRA. EPA requires that access be
controlled to prevent exposure of the
public to potential health and safety
hazards at the disposal site. Therefore,
for liability protection of operators of
landfills that handle asbestos, fencing
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
Installed around the perimeter of the
disposal site in a manner adequate to
deter access by the general public.
Chain-link fencing. 6-ft high and topped
with a barbed wire guard, should be
used. More specific fencing
requirements may be specified by local
regulations. Warning signs should be
displayed at all entrances and at
intervals of 330 feet or less along the
property line of the landfill or perimeter
of the sections where asbestos waste is
deposited. The sign should read as
follows:
ASBESTOS WASTE DISPOSAL SITE
BREATHING ASBESTOS DUST MAY
CAUSE LUNG DISEASE AND CANCER
Recordiceeping. For protection from
liability, and considering possible future
requirements for notification on disposal
site deeds, a landfill owner should
maintain documentation of the specific
location and quantity of the buried
asbestos wastes. In addition, the
estimated depth of the waste below the
surface should be recorded whenever a
landfill section is closed. As mentioned
previously, such information should be
recorded in the land deed or other
record along with a notice warning
against excavation of the area.
FR Doc. 57—24938 Filed 10-ns-e7: 8:45 amJ
LWII@ O( -
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APPENDIX C
ASBESTOS-CONTAINING MATERIALS IN
SCHOOLS: MODEL ACCREDITATION PLAN
c -i
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C-2
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T . de: l R.n -,istpr/Voi. 2. F’ o. 83 I Thursday . April 30, 1987 / Rules and Regulations
15875
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 763
[ OPTS-6204$B; FRL-3190-2BJ
Asbestos-Containing Material In
Schools; Model Accreditation Plan
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Model Accreditation Plan.
SUMMARY: Section 206 of Title I] of the
Toxic Substances Control Act (TSCA),
15 U.S.C. 2646. requires EPA to develop
by April 20, 1987 a Model Contractor
Accreditation Plan. To conduct
asbestos-related work in schools.
persons must receive accreditation in
order to inspect school buildings for
asbestos, develop management plans.
and design or conduct response actions.
Such 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 Federal
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 Feaeral
Regulations as an appendix to
regulations required under TSCA Title
‘I,
DATE: This Model Plan is effective June
1. 1987.
FOR FURThER INFORMATION CONTACT: By
mail: Edward A. Klein, Director, TSCA
Assistance Office (TS—799). Office of
Toxic Substances. Environmental
Protection Agency, 401 M Street SW,,
Washington. DC 20460. Office location
and telephone number Rrn. 5—543. (202—
554—1404).
SUPPLIMENTANY INFORMATION:
Elsewhere in this issue of the F.deral
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 developu’.g 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 206 of Title fl of TSCA. This
Mode! 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 (L,EAs) to use
accredited persons to perform the
following asbestos-related tasks:
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 AQ4 in such
schools.
The Model Plan requires persons
seeking accreditation to take an initial
fr ining course, pass an examination,
and participate in continuing education.
LEA’s 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 B 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 a. 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 sthngent 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 persons 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 Mode! Contractor
Accreditation Plan for States. Unit Ii
specifies procedures a State must follow
to receive EPA Model Plan approval for
the State’s contractor accreditation
program. Unit III 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 project designers.
asbestos abatement contractors.
supervisors, and workers.
Persons iii 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’s 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 workers 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 planners 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
U’ inh’ig. Asbestos abatement
contractors and supervisors must take
4-day training course. Asbestos
abatement workers are required to tak
a 3-day training course.
For asbestos abatement workers,
while EPA Is requiring a S-day trainin
course, States may want to consider
requIring 4 days of training. States cou
use the additional day to provide mo
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 frainir
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 supervisot
The second unit of the Model Plan
specifies procedures a State must foil
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Tederai ki gister .1 Vol. 52, No. 83 / Thursday , April 30, 1087 / Rules and Regulations
to receive EPA Model Plan approval for
the States contractor accreditation
program. States may seek approval for
one or more of the disciplines requiring
accrethtation under TSCA Title U. 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 States 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
within 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 Plans 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 persons who
have had previous training. Persons may
be accredited if they have completed an
EPA-approved asbestos training course
in their discipline and have passed or
pass an examination in their discipline.
Such persons may be accredited. on an
interim basis, if in EPA ’s judgment the
course and examination are equivalent
to the Model Plans requirements.
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 sthngeat as the EPA
Model. 11 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 publisn 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 Title U
was enacted. EPA also solicited
comment on general issues affecting the
Model Plan in the Advanced Notice of
Proposed Rulemaking issued on
December 31. 1988. in compliance with
TSCA Title LI. Finally, since enactment
of TSCA Title IL 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.
L Administrative Rscord
EPA has established an
administrative record under control
number [ OPTS-62048B]. 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 Building.:
Simplified Sampling Scheme for Friable
Surfacing Materials,” EPA 580/S-15-(lJOa.
October 1905.
(2) USEPA. Friable Asbestos-Contsining
Mateflals in Schools: Identification and
Notification [ 40 CFR Part 763 Subpart F].
(3) USEPA. National Emission Standards
for Hazardous Air Pollutants: Amendments to
Asbestos Standard Final Rule [ 40 CFR Part
61J.
(4) USDOL. OSHA. Occupational Exposure
to Asbestos. Final Rule (29 CFR 1925.58].
(5) USEPA. Toxic Substances; Asbestos
Abatement Pro jects Final Rule (40 CFR Part
763 Subpart G]
(0) USDOL OSHA. Occupational Safety
and Health Standards. Subpart I, Personal
Protective Equipment (29 CFR 1910.134].
m. Regulatory Assessment
Requirements
A. Executive Order 12.291
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 (0MB) for review as
required by Executive Order 12291.
8. 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.
List of Subjects In 40 CFR Part 703
Asbestos. Environmental protection.
Hazardous substances, Occupational
safety and health. Reporting and
recordkeeping requirements, Schools.
Dated: Apfll 20. 1987.
Li. M.Thamas,
4dminjsmjtor.
PART 703-4AMENDED)
Therefore, 40 CFR Part 763 is
amended as follows:
1. The authority citation for Part 783 Is
revised to read as follows:
Autbodtyt 15 U.S.C 2005 and 2007(c).
Subpart E also Issued under 15 U.S.C 2841,
2643, 2648, and 2647.
2. Subpart E is added consisting at
this time of Appendix C to read as
followL
Subpart E—Asbsetos.Contalnlng
M.t.rlals In Schools
• • • • S
Appendix C to Subpart E—EPA Modal
Contractor Awedltation Plan
1. Mode! Controctor Accreditation Plan
for States
The Model Contractor Accreditation
Plan for States has six components:
(1) Initial training,
(2) Examinations,
(3) Refresher training course,
(4) Qualifications,
(5) Decertification requirements,
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ederaJ.Pecister 1 Vcl. 52, No. 63 / Thuisday, April 30, 198 I Rules and Regulations
V 877
(6) Reciprocity.
For purposes of TSCA Tttle fl
accreditation requirements, the duration
of initial and refresher training Courses
is specified in number of days. A day of
training equals 8 how’s including breaks
and lunch.
In several instances, initial training
courses for a specific discipline (e.g.,
worker,, inspectors) require hands-on
training. For asbestos abatement
contractors. supervisors and worker,,
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
workej, to have actual experience
performing tasks associated with
asbestos abatement For inspectors.
bands-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
entitie. 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 acnieditation as
inspectors complete a 3-day training
course as outlined below. The 3-day
program shall include lectures,
demonstrations, 4-hours of hands-on
traminL individual respirator fit testing,
course review and a written
examination. EPA recommends the use
of audiovisual materials to complement
lectures, where appropriate.
The inspector training course shall
adequately address the following topics:
(a) Background information on
asbestos. Identification of asbestos, and
examples and discussion of the uses and
locations of asbestos In buildings;
physical appearance of asbestos.
(b) Potential health 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; 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. mesothelioma, 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 management
planner, discussion of inspection
process including inventory of ACM and
physical assessment
(d) Legal liabilities and defenses.
Responsibilities of the inspector and
management plannei, 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) Understanding building systems.
The interrelationship between building
system,,, including: An overview of
common building physical plan layout
heat, ventilation and air conditioning
(HVAC) 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.
(I) Public/employee/building
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 m nhv! i7e
disruption; and education of building
occupants about actions being taken.
(g) Pta-inspection planning and
review of previous inspection records.
Scheduling the inspection and obtaming
access: building record revie
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 material. to determine
friability open return air plenums arid
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: typ. 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. Detailed discussion
of the “Simplified Sampling Scheme for
Friable Surfacing Materials (EPA 560/5-
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 en
accredited laboratory to analyze bulk
samples; quality control and quality
assurance procedures.
U) inspector respiro tory protection
and personal protective equipment.
Classes and characteristics of respirator
types; limitations of respirators; proper
selection. inspection, donning. use,
maintenance, and storage procedures for
respirators; methods for field testing of
the facepiece-to-mouth 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) Recordkeeping 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 11 section 203(i)(1).
(I) Regulatory review. EPA Worker
Protection Rule found at 40 CFR Part
763, Subpart G; TSCA Title U; 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 793, 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.
(ni) Field trip. To include s 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 key
aspects of the training course.
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158’3 Fedcra Regi ’ ter / Vct. 52. No. 81 / Thursday, April 30, 1987 / Rules and Regulations
B. Management Planners. A State
shall require that all persons seeking
accreditation as management planners
canipiete an inspection training course
as outlined above and a 2-day
management planmng training course.
The 2-day training program shall include
Iect’ures, 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 plannen operations and
maintenance programs: setting work
priorities: protection of building
occupants.
(b) Evaluotion/interpi-ecotion of
sur .’ev results. Review of TSCA Title U
reaturernents for inspection arid
management plans as given in section
203(i)(1) oITSCA Title U; summarized
field aata 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
aec:sion tree) code for assessment of
ACM: assessment of friable AQ f
relationship of accessibility, vibration
sources, use of adjoining space, and air
pienums and other factors to hazard
assessment.
(d) Legal implications. Uabffity
insurance issues specific to planners;
liabilities associated with interim
control measures, in-house maintenance,
repair, and removal; use of results from
previously performed inspections.
(e) Evaluation and selection of control
options. Over-view 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
method; work practices for each
response action: staging and prioritizing
of work in both vacant and occupied
buildings; the need for containment
barriers and decontamination in
response actions.
(1) Role of other professionals, Use of
industrial hygienists, engineers, and
architects in developing technical
specification, for response actions; any
requirements that may exist for architect
sign.off of plans; team approach to
design of high-quality job specifications.
(g) Developing an operations and
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 (l- PA) 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
chloride (PVC), canvas, and wet wraps:
muslin with straps: fiber mesh cloth:
mineral wool, and insulating cement:
discussion of employee protection
programs and staff tramin . case study
in developing an O&M plan
(development, implementation process,
and problems that have been
experienced).
(h) Reguiatoiy review. Focusing on
the OSHA Asbestos Construction
Standard found at 29 CFR 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) RecordAeepthg 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 U section 203(i)(1); the
management plan as a planning tool
(k) Financing abatement actions.
Economic analysis and coat estimates:
development of cost estimates; present
costs of abatement versus future
operations and maintenance costs:
Asbestos School Hazard Abatement Act
grants and loans.
( I) Cow - se review. A review of key
aspects of the training course.
C. Abatement Project Design ere. A
State shall require that all persons
seeking accreditation as abatement
project designers complete either a 3-
day abatement project designer training
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 project designer
training course shall adequately address
the following topics:
(a) Background information on
asbestos. 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 cigarette smoking and
asbestos 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
construction projec:s. Abatement as a
portion of a renovation project OSHA
requirements for notification of other
contractors on a multi-employer site (29
CFR 1926.58).
(d) Safety system design
specifications. Construction 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 (HEPA) 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.
(a) 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;
factors 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
-------
rederal ! ers’ei I “ok. 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 dunng abatement
activities and how to deal with them,
including electrical hazards, beat stress,
air contaminants other than asbestos,
fire and explosion hazards.
(h) Fiber oerodynarnic.s and control.
Aerodynamic characteristics of asbestos
fibers: importance of proper
containment barriers; settling time for
asbestos fibers; wet methods in
abatement aggresswe air monitoring
following abatement aggressive air
movement and negative pressure
exhaust ventilation as a clean-up
method.
(1) Designing abatement solutions.
Discussions of removal, enclosure, and
encapsulation methods; asbestos waste
disposal.
(j) 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.
( I c) Writing abatement specifications.
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.
(1) 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.
(n) Legal/liabilities/defenses.
Insurance considerations: bonding: hold
harmless clauses: use of abatement
contractor’s lia’oility insurance: claims-
made versus occurrence policies.
(o) Replacement. Replacement of
asbestos with asbestos-free substitutes.
(p) Role 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 Slot., and local
regulatory requirements. Procedures
and standards. including:
(1) Requirements of TSC.A Title II.
(2) 40 CFR Part 81, National Emission
Standards for Hazardous Air Pollutants,
Subparts A (General Provisions) and M
(National Emission Standard for
Asbestos).
(3) OSHA 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 G.
(5) OSHA Asbestos Construction
Standard found at 29 CFR 1926.58.
(a) 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 Tltle
U 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 health effects related to
asbestos exposure. The nature of
asbestos-related diseases: mutes 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
eqwpmenL Cla.ses’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-dispesable clothing: and regulations
covering personal protective equipment.
(d) State-of-the-an 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
end 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) Personal 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.
U) Additional safety hazards. Hazards
encountered during abatement activities
and how to deal with them. including
electrical hazards. heat stress, air
contaminenta other than asbestos. fire
and explosion hazards, scaffold and
ladder hazards slips, trips and falls. and
confined spaces.
(g) Medical monitoring. OSHA
requirements for a pulmonary function
test. chest X-reys and a medical history
for each employee.
(h) Air monitoring. Procedures to
determine airborne concentrations of
asbesto. 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. phase-contrast. and electron
microscopy analyses.
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1.!1880 Federal Regist sr I 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).
C) OSHA standards for permissible
exposure to airborne concentrations of
asbestos fibers and respiratory
protection (29 CFR 1910.134).
(D) OSHA Asbestos Construcnon
Standard (29 CFR 1926.58).
(E) EPA worker Protection Rule. 40
CFR Part 763, Subpart G.
(j) Respirator,’ protection programs
and medical surveillance programs.
(k) lnsumnce and liability issues.
Contractor issues: worker’s
compensation coverage and exclusions:
third-party liabilities and defenses:
insurance coverage and exclusions.
(1) Record eemng for asbestos
abatement projects. Records required by
Feaeral. State. and local regulations:
records recommended for legal and
insurance purposes.
(mJ Supervisor,’ techniques for
asbestos abatement activtie8.
Supervisory practices to enforce and
reinforce the required work practices
and discourage unsafe work practices.
(n) Contract specifications.
Discussicn of key elements that are
included in contract spe flcations.
(0) Course review. A review of key
aspects of the training course.
E. Asbestos Abatement Worker,.
Each State shall require that all persons
seeking accreditation as asbestos
abatement workers complete at least a
3-day training course as outlined below.
The worker training course shall Ii r 4 u ie
lectures, demonstrations, at least 6
hour, of hands-on training. Individual
respirator fit testing, course review, and
an examination. EPA recommends the
us. of audiovisual materials to
complement lectures. where appropriate.
The training course shall adequately
address the following topics:
(a) Physical characteristics, of
asbestos. Identification of asbestos.
aerodynamic characteristics, typical
uses. and physical appearance. and a
summary of abatement control options.
(b) Potential health effects related to
asbestos exposure. The nature of
asbestos-related diseases, routes of
exposure. dose-response relationshi
and the lack of a safe exposure 1ev.
synergism between cigarette smoking
and asbestos exposure, and latency
period for disease.
(c) Employee personal protective
eauiDment. Classes and characteristics
of respirator types: limitations of
respirators and their 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
fle!d and laboratory protection factors:
factors that aiter respirator fit (e.g..
facial hair); the components of a proper
respiratory protection program:
selection and use of persona.) protective
clothing use. storage. and handling of
non-disposal clothing: and regulations
covering personal protective equipment.
(d) State-of-the-art work practices.
Proper asbestos abatement 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 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.
(e) Personal 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 ares: and potential
exposures. such as family exposure.
(I) Additional safety hazards. Hazards
encountered during abatement activities
and how to deal with them. Including
electrical hazards. heat stress. aix
contaminants other than asbestos, fire
and explosion hazards, scaffold and
ladder hazards. slips, trips and falls, and
confined spaces.
(g) Medical monitoring. OSHA
requirements for a pulmonary function
test, chest X-rays and a medical history
(or 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. procedures,
and standards. With particular attention
directed at relevant EPA. OSHA. and
State regulations concerning asbestos
abatement workers.
(fl 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 wio have completed an
initial training course. Demonstration
testing may also be included as part of
the examination. A person seeking
accreth cation 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 the State’s
inspector accreditation examination.
States may develop their own
examinations, have training courses
develop examinations or use
standardised 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.
2788 North Decatur Rd.. Suite 280.
Decatur. Georgia 3(1)33.
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
photoidentlfication 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:
1. 50 multiple choice questions.
U. Passing score: 70 percent.
2. Management Planners:
i. 50 multiple choice questions.
ii. Passing score: 70 percent.
3. Abatement Project Designers:
1. 100 multiple choice questions.
II. 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.
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F l..raJ Regisa r / 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 reaccreditation. 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. Far each discipline,
the refresher course shall review and
discuss changes in Federal and State
regulations, developments in state-of-
the-art procedures and 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
reaccreditation 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 considers 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 designers. 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 industrial
hygienist or related scientific field.
Abatement Project Designer
Qualifications—Registered architect.
engineer, or a certified industhal
hygienist.
5. Decertification Requirements
A State must include conditions and
procedures for decertifying accredited
inspectors, management planners,
abatement project designers. asbestos
abatement contractors. supervisors and
workers.
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 outhned 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
requ3rements for all the disciplines
required under TSCA to seek EPA
approval for those disciplines the State
does accredit Al 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:
(1) A copy of the legislation
establishing the States 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 L
Air & Management Div. (Afl—231).
JFK Federal Bldg.. Boston. MA 02203,
(617) 565—3273
Asbestos Coordinator, EPA, Region U.
Woodbridge Ave Raritan Depot.
Bldg. 10, Edison. NJ 08837. (201) 321-
668L (71’S) 340-6871
Asbestos Coordinator, EPA. Region UI
(3HW-40). 641 Chestnut Bldg.,
Philadelphia. PA 19107, (215) 597-4859.
( 71’S) 597—9859
Asbestos Coordinator. EPA. Region IV,
345 Courtland St NE.. Atlanta. GA
30365, (404) 347-3864, (FTS) 257—3864
Asbestos Coordinator. EPA, Region V.
536 S. Clark Street, Chicago. U. 60604.
(312) 886-8879. (71’S) 886-6879
Asbestos Coordinator, 6*—Pt, EPA.
Region VI. 1445 Ross Avenue, Dallas,
TX 75202-2733, (214) 655-7244. (FFS)
255—7235
Asbestos Coordinator, EPA, Region VU,
726 ? .finnesota Ave., Kansas City, KS
66101. (913) 236-2834, (FTS) 787—2834
Asbestos Coordinator. (8AT—TS). EPA.
Region V i ii. I Denver Place, 900—ieth
Street. Suite 130ó, Denver, CO 80202—
2413, (303) 564—1730, (71’S) 584—1742
Asbestos Coordinator. (T—52), EPA,
Region IX. 215 Fretnont Street. San
Francisco, CA 94105, (415) 974—7290,
(Fl’S) 454—7290
Asbestos Coordinators. EPA. Region X.
1200 Sixth Avenue, Seattle, WA—
98101, (206) 442—2870, (Fl’S) 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 ci
accreditation.
UI. 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
outlined 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 are approved under TSCA Title
D 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 U) 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 indicates how the
course meets the Model Plan
requirements fon
(a) Length of training in days.
(b) Amount and type of hands-on
training.
(c) Examinations (length, format. sn
passing score).
(d) Topics covered In the course.
(5) A copy of all course materials
(student manuals, instructor notebooks
handouts. etc.)
(8) 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
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15882 Federal Register / Vol. 52. No 83 I Thursday, April 30, 1987 I Rules and l ” egulations
who attend the course and pass the
examination,
For refresher courses in any of the
isciplines. information required is as
folio w s:
(1) Length of trainino.
(2) Topics covered in the course.
(31 A copy of all couroe materiajs.
t4 Names and aualifications of course
Instructors.
(5) Description and an example of
certificates issued to students who
cr ’rnplete the refresher course.
As noted above, the training course
administrator must issue numbered
certificates to students who successfully
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
information (except testing information).
Accredited persons must have their
initial and current accreditation
certificates at the location where they
are conducting work. Failure to have
accreditation certiiica!es at the job site
could result in decertification.
EPA may revoke or suspend EPA
approval if field site inspections 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 notice of their
inspections.
EPA will publish a list of those
training courses that are consistent with
the Model Plan and are approved for
purposes of TSCA Tide 11.
I V. Provisions for Interim Accreditation
TSCA Title II enables EPA to permit
persons to be accredited on an interim
basis if they have attended previous
EPA-approved asbestos training and
have passed (or pass) an asbestos
examination. Only those persons who
have taken training courses since
January . 1985 will be considered under
these interim acmethtadon provisions.
EPA will determine whether the course
and examination are equivalent to the
training and examination requirements
of the Model Plan. This accreditation is
interim since the person shall be
considered accredited for only 1 year
after the date on which the State where
the person is employed establishes an
accrethtation program at least as
stringent 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 curriculum found in the Model
Plan. In addition, an equivalent
examination must be essentially similar
to the requirements of the Model Plan,
Persons who nave taken equivalent
courses in their discipline, and can
produce evidence that they have
successfully completed the course by
passing the examination, are accredited
on an interim basis under TSCA TItle 11.
They can conduct work tinder TSCA
Title II 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 discipline
in the Model Plan.
(FR Doc. 87-0617 Filed 4- -87; &45 amj
isime i
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APPENDIX D
COMPLIANCE INSPECTION OUTLINE FOR
ASBESTOS HAZARD EMERGENCY RESPONSE
ACT (AHERA)
D-1
-------
D-2
-------
10/88
LIAN IN ECrIOt’ TLINE FOP
A ESIOS HAZA 1E CY RE9 ON Acr (AHERA)
The outline on the following peges is intended as a guide for inspectors
to verify mp1iance with provisions of the Asbestos Hazard nergency
sponse Act (AHERA) of 1986 and its 1988 Amendments. The outline is in
the fol1 ing sections:
I
II
III
Iv
V
V I
VII
VIII
Pre—Inspection
Inspection D try Activity
ferra1
Management Plan
clusions
Inspection and inspection
1 sponse Actions
Other Activities:
Transportation/Disposal
Operations and Maintenance
Training
Periodic Sirveillance
The AHERA Inspector is responsible for taking and n intaining a thorough
written record of an inspection. !efer to the T&A Inspection Manual ,
Oiapter 3, cL ’entary &ipport for guidance. This outline is in a
checklist formet which allows for riotetaking directly on the form; however,
the preferred form for T A field notes is a bound notebook. fer to the
TSCA Inspection Manual , O apter 3, for overa)l guidance for conducting an
inspection.
-------
I. PRE—INffECrICz
e TSCA Inspection Manual C- apter 3, Part I
A. Local Education Agency Inforn tion
1. k3dress of LEA: _______________________
2. &hools within LEA. List attached. £7
3. N Tber of students ______________________________
4. te of inspection ____________________________
5. Name of PA Inspector _______________________
B. Basis for Targeting LEA
1. NE9 AP Notice of Abatement LI
2. Tips/Complaints of abatement activities (note any
nunber assigned) / t
3. ttlement with nditions Fellow—up U
4. AHERA Neutral heme %J
5. AS AA (cor bined) %J
6. Worker Protection (corTbined) i:7
7. “Other Person” compliance follow—up. U
I—i 10/28
-------
PRE-IN9 Ecrxo Cont’d.
C. Research batement tivity
1. NES-iA? Notice of Renovation — Type/ar cunt of meteria]. to be abated
Q Attach
2. T ps/CorTp1ajnts Re rt /J Attach
3. ttlement nditjons — Type of abatement and completion date
£7 Attach ttlement Agreement
4. Previous Inspections/Violations
A-I-S £7 te________________
Results
ASIAA £7 te —
Results
NE3- A j te ____________
Results
“Other Person” t:7 te ______________
ntractor
Results
D. 11 LEA one or iTore days before inspection to notify officials that records
should be available. If possible, schedule during abatement activities.
ordinate with NES{AP.
£7
1—2 10/19
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II. I ECTIO C TR ’ AC IVIT ’
e TS2A Inspection Manual O pt. 3, Parts 2 and 3
A. Opening nference
1. Present EPA Credentials to LE / hoo1 Official %•
2. plain purçose and scope of inspection 7
3. Present “Notice of Inspection” for LEA/ hool signature Q Attach
4. cord names, titles, phone nurrbers of LE f hool Flepresentatives
met with
5. Name, title and phone nurrber of LEA person designated z der
S763.84(g) of ANERA
B. Management Plan submitted by tober 12, 1988?
Yes _____ Go on to Section IV “Management Plan”
No ____ If no:
Deferral quest submitted?
Yes _____ ntinue with Section III “Deferral”
No cord coments. Go to Section III Parts E to end.
II — 1 10/28
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III. DEFERRA..
1 f. AHERA tion 2)5 knendments
Deferral for
A. view letter requesting deferral
date — proof of iling ________
name, title, phone no. of official signing request
reason/rationale stated
assurances given? Yes _____ No ____
schedule included? Yes ____ No ____
response from state: date _______________
approval? Yes ____ Pb ____
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 __________________
Pb
cord of public meeting? Yes ____ Date __________________
No __
Notes on record of public meeting _________________________________
D. Has Management Plan been submitted?
Yes ____ Date — O ntinue with action IV Manaoement Plan”
No ____ ntinue with next question.
III — 1 13/2E
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DEFEFF . co t’d.
E. Was any work performed prior to submitting a Management Plan?
(Durina Deferral period)
Yes ____ ____
If yes, under what circurr tances was work performed?
_____ E nergency ______ ASIAA _____ Other
Describe circunstances and work performed. ____________________________
Start/Completion dates ___________________ _______________________
F. Any work performed, other than for an emergency or AS M, must comply
with the following:
Was an inspection performed in accordance with regulations?
L/ viewed action VI “Inspection” Coments: ________________
Were the following parts of response action regulations followed?
:7 viewed ctiori VII “lèsponse tions” for:
_____ designed/conducted by accredited persons ________________
_____ visual clearance
_____ air sampling __________________________
_____ sample analysis -
_____ air clearance __________________________
7 Worker protection practices followed? rii ients: _______________
If there was rerroval of asbestos, were requirements followed?
£7 1 viewed lmnsportation/Disposal in action VIII. ments:
C. Was Operations and Maintenance implemented? Yes ____ ____
LI J viewed 0 L M in action VIII for compliance. ments:
H. Were employees trained? Yes ____ ____
/ i viewed Ttaining in ction VIII for compliance. ments:
III — 2 lO/2E
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xv. E 1E T
Ret. 40 CFR 763.93
Management Plan for
A. Review letter tran itting Management Plan to state.
date
proof of mailing __________________________
B. ly for visits to LEA: Review list of schools.
Any discrepancies or questions? (note date of con encement of use as a
school)
C. Management Plan developed by:
Naxr e
State/Accreditation ntznber _______________________________
(? bte course provider for later follow—up/verification. )
D. Response fror State. te
Corrr en ts
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 honogeneous areas, size
and sa ling locations
____ lab report of sai p1e analyses date ___________
____ reports of response actions/preventive measures, including
contractor info, dates of work and air clearance results
____ report of assessnent; info on person doing assessment
I V — 1 10/19
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MT. PL/ ; co t’d.
? inspection or reinspection report (Detailed revje in Section VI)
/1 record of designated person and training
// recommendations for preventive measure/response actions
(signed w/accreditation information)
/7 description, methods, locations, rationale and schedule for
preventive measures/response actions
// statement re: accreditation of inspector
f7 Statement re: accreditation of design/conduct of response action
/7 description (blueprint/diagram) of A M remaining in school building
// plans for: reinspection ______
operations/maintenance ______
periodic surveillance __________
additional cleaning ___________
L/ record of steps taken to inform workers and building occupants
L/ resource evaluation
£7 statement of accreditation for contributors to the Management Plan
record of notification to parent, teacher end erTçloyee
organizations of availability of Management Plan
17 recordkeeping section
IV — 2 10/19
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MOT. PLAN cont’d.
// sigied statement of coii liance
/1 if applicable: copies of deferral doci.r’ ents
L/ if applicable: copies of exclusion doc zmients
/7 reports of periodic surveillance
/1 appropriate u ates
IV — 3 10/19
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V. E CIJJSIONE
} f. 43 CF’F §763.99
Exclusion(s) claimed for sampling area(s) as follows (ref. S763.99):
A. L: 7 For friable A M identified before 12/14/87
Loca t ion _______________________________________
Per accredited inspector (name) _______________
State and accreditation nurrber
view statement. fTvnents:
No ____
B.
C.
Has material been assessed? Yes No
Note documentation of assessment record.
[ 7 Fbr nonfriable ACB! identified before 12/14/87
Location
Per accredited inspector (name)
State and accreditation nurTber
view statement. ments: —
Has material become friable? Yes No
Note documentation for friability.
Has material been assessed? Yes No
Note documentation of assessment record.
No A present determined prior to 12/14/67
Location
Per accredited inspector (name)
&ate and accreditation nurrber
view statement. ments: —
Was air sampling done? Yes
No
—
T view record of sampling and analysis. mnents:
mpling done in compliance with regs? Yes ____
Notice received by regional office of E ’A? Yes ____
v - I
10/19
-------
CLJJ I E corit’d.
D. No ACBM present, as determined by state leadagency, under waiver
Location ___________________________
view statement. E te.
rnments:
Copy of statement in Management Plan? Yes
E. U 9 spected A M is assumed A 1, determined before 12/14/87
L.oca U on ________________________
Per accredited inspector (name) _______________________________________
State and accreditation nun ber ______________________________________
view statement, n nents:
Has meterial become friable? Yes ____
Note documentation for friability. ___________________________________
Has n teria1 been assessed? Yes ____ No
Note documentation of assessment record. ______________________________
F. %J Asbestos ren oved before 12/14/87; no asbestos present
Location
Per accredited inspector (name) ______________________________________
State and accreditation ntx ber _____________________________________
Per contractor (name) ________________________________________________
State and accreditation nurTber _______________________________________
view statements. view air clearance record
rrrents:
Notice received in regional office? Yes ____ No
py of statements in Management Plan? Yes
C. Q Certification of no A M specified for building built after 10/12/88
Location
Statement by: ____ architect _____ project engineer ____ inspector
name:
address: ______________________
Accreditation (if applicable):
Notice received in regional office? Yes No ____
py of statement in Management Plan? Yes No
V—2 10/19
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D(CL.us1c1 s corit’d.
H. 7 nducted visual inspection of areas excluded. Cbments:
V—3 lO/2E
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VI. IN ECTIO/REIN ECTIO
F f. 4D CFF §763.85, §763.86, §763.87
hoo1
A. Inspection _____ i nspection _____ te of last inspection
te of inspection/reinspection _________________________
Inspector’s name
Acredi tation state/number ____________________________________
(Note course provider for later follow—up/verification.)
port signed? Yes _____ No ____
B. view report of inspection for:
£7 blueprint/diagram of building showing location of hon geneous areas
£7 type of materials identified:
____ surfacing ______ ______ miscellaneous
size of horrogeneous area ____________________________
/7 location ar 1 nLz t)er of samples taken
LI dates of samples
/7 inventory of areas assumed to be ACBM
7 description of sampling methods
name of sample collector ________________________________
signature? Yes ____ No _____
£7 accreditation state and nurther of sample collector
C. Date record of inspection received by LEA __________________
VI—l 13/28
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INSP’RI SP TIO cont’d.
D. Assessment:
Rationale
Assessor’s name __________________________________________________
Signature? Yes ____ No ____
Accreditation state/n .rther ___________________________________
Date assessment received by LEA ___________________
E. Sarr ling:
Name of lab
Address of lab _______________________________________________________
Accreditation for PL2’ analysis t S / 7 Interir /. 7
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 ____
C. How did LEA ensure accreditation of:
Inspector? ______________________________
Laboratory?_____________________________
Assessor? _________________________________
Sarr le collector? ___________________________________________________
VI—2 10/19
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v::. Rp :s: AiTIQ S
Ref. O CF 763.9O
A. Cct of Response Actions
1. Schoo1 name and address
2. Location of ACBM in school __________________________________
3. Type of AC’B : surface/ thermal/ miscellaneous
4. Size (linear/square feet) of project ________________________
B. ‘Type of action
Response action or preventive measure // —
Operations,4laintenance for disturbed friable A M /1
Response action for ACEM disturbed by O&M LI
Minor fiber release /1 —
Major fiber release LI
‘For fiber release episodes: date and description of episode
C. ‘I.ocation of action _________________________________________
‘Method: rerToval/ encapsulation! enclosure! repair
‘ scription of measure/action taken and reasons for action taken
‘Start/Co pletion dates of work _____________________________
How was the project area contained?
LI Check here if during deferral period.
‘ equired recordkeeping
VI I — 1 10/19
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RE O ACTIONS cont’d.
D. * view/re rd accreditation:
(Note: “ creditation” rr y be referred to as certification” or 1icense”
by states.)
Name/?ddress State/accreditation tb. Date of iccred
Desianer
Contractor!
&ipervi sor ____________________________
Workers
(Course providers and address for later foll —up,’verification. At least
10% of accreditations should be verified by phone or letter.)
J view sign—in sheets to verify list and nurrber of workers. ments:
view sign—in sheets to verify presence of supervisor. ments:
E. Name and title of person conductin; visual inspection
Date of inspection ____________________________________
(Fbr verification later, record source for this inforn tion.)
* uired recordkeeping. VII — 2
-------
RSP’Y:S: ACTIONS cont’ .
F. Air sampling following co pletion of a res ris a ti - .
*Na ot sarr Dler. ____________________________________________________
Signature? Yes ____ No ____
Qualifications __________________________________________________________
Independent of Contractor? Yes ____ No ____
*L,ocatjon, description and date of sasT les taken _______________________
/7 >3000 sq.ft./l000 LN ft. /7 <3000 sq. ft./l000 LN ft. and >srr 1l
scale/short duration
San ling done in accordance with Appendix A? Yes ____ No ____
What kind of air clearance was done?
G. *Na e and address of La ratory ______________________________________
*Date of lab analysis ______________________________________
*N r of lab analyst _________________________________________
Signature? Yes ____ No
*7 1eth and results of analysis __________________________________________
H. •Statemerit of co liarice with §763.90(1) (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
T — National Bureau of Standards Accreditation
— Lab enrolled in American Industrial Hygiene Assoc. Proficiency
Analytical Testing Program for FCI
I. Review air data and clearance results _______________________________
Average asbestos concentration: ______
* Required recordkeeping VU — 3 10/17
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VIII. ODiE A rIvITIEE
A. Transportation & Disposal 43 CE’? §763.83(b)
B. Operations & Maintenance 43 CFR S763.91
C. Training 40 CE’? S763.92(a)
D. Peri iic &irveillance 43 CFR §763.92(b)
A. If A M is remved, were Appendix D procedures followed to transport and
dispose of asbestos waste? (t f. 43 CE’? S763.BD(b))
*M of storage/disposal site ______________________________________
* tjon of storage/disposal site ______________________________________
B. Is Operations and Maintenance Plan ifrplemented? Yes _____ No _______
( f. 43 CFR S763.91(c)(l))
*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 vacut or wet clean all other floors and horizontal surfaces
3. Dispose of all debris, as described, in leak—tight containers
(For verification later, record Source of above infor tion)
C. ditional cleaning recommended? Yes — NO
( f. 40 CFR 5763.91(c) (2))
Pecomendations followed/discussed? _________________________
* quired recordkeeping
VIII — 1 10/28
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OThER ACTIVITIES cont’d.
D. *If ACSM is disturbed during operations and m3intenance, procedures must
be followed ( f. 43 CFR 763.91):
(For verification later, record source and/or method of de onstration
for foll in .)
1. strict entry LI
2. Post signs £7
3. Modify air handling system L: 7
4. F l1ow safe work practices LI
5. Clean immediate work area _____________________
6. Place asbestos debris and other meterials in sealed, leak—tight
container £-
7. response action designed/conducted by accredited persons (refer to
action VII “response tions”)
£7 Photos
E. Fiber release episodes ( f 4) CFR S763.91(f))
(For verification later, record source and/or method of denonstration
for foll ’iing.)
Mount of friable ACBM involved _____________________________________
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. repair %7 sal/encapsulate £7 response action £7
(refer to requirements S763.9))
L 7 Photos ___________
*required recordkeepin; VIII — 2 10/22
-------
OThE? ACTIVITIES cont’d.
7 Major fiber release episode (>3 sq. or Linear ft.)
1. Post signs to reotri t entry
2. bdify air ndlinc system
3. sponse action (refer to requirements S763.90)
F. If A M is present and custodial and meinteriance personnel fT y dist b
it, required training: 2 hours (5763.92(a)(l)) plus 14 hours.
(F f. 4D CFR 5763.92(a)(2))
*Name/j± title of each te Trainino Hours of
custodial/maintenance person mpleted Training
( urse provider and address for later follow—up/verification)
C. Periodic S.zrveillance (I f. 40 CFR S763.92(b))
Person conducting surveillance
7 LEA employee 7 ritractor outside LEA
view surveillance report for:
________________ date of surveillance
_____ visual inspection record
_____ notes on condition of materials
* quired recordkeeping
VIII — 3 10/19
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APPENDIX E
100 COMMONLY ASKED QUESTIONS ABOUT THE
NEW AHERA ASBESTOS-IN-SCHOOL RULE
E- 1
-------
E-2
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100 COMMONLY ASKED QUESTIONS
ABOUT THE
NEW AHERA ASBESTOS-IN-SCHOOLS RULE
Introduction
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 l987 under
the Asbestos Hazard Emeraenc Response Act (AHERA) of 1986.
Many auestions are answered directly and completely, as they
are clearly addressed by provisions of the rule. Other
questions, however, must be answered more generally, for the
Agency’s response to the question may change deper.ding 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 Cor monly 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
Coordinatcr 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. Environmental Protection Agency
Washington, D.C. 20460
May 1988
-------
100 CommOnly Asked Questions About the Ned
AHERA Asbestos—in—Schools Rule
Table of Contents
Pale
I. Effective Dates.... •.... I
II. BuildingsCoveredbytheRule . 6
III. General LEA Responsibilities.... . .12
IV. Inspections, Reinspections, and Periodic .....
Surveillance
V. Exclusions. . . . . . . . . . . . . . • . . a . . a . . . . .25
\‘I. Response Actions...... . . . . . •.i•.a..• .. •....... .26
VI I. Operations andMainte,.ance(O&M)....a.
VIiI. Custodial and Maintenance Worker TrainiflQ 32
IX. Manaoement plans........ .......... .. •..... ........ . . ..35
X . Recordkeep no. . . . . . . . a . . • a a a a • a a • . a a a • • a is . a a .42
XI. Accreditation. . . . . . . a • a . • • a • . a • • • • . • • a a . . . . • • a a •
XII. TE , PCP , amplincandAnalYSiS....a ....a.aa.a....a...SO
XIII. %‘.arnin: Labels.... . ... . . . . .. . . . .56
XIV. Transport and Disposal................................SS
XV. State e.a1vers .. .. •. ..... .. . . . . .. •.. .59
XVI. M scel laneous . . . . . . . . . . •. .. . . . * . . . 60
—ii—
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Acron - U e in this Guide
ACB Asbestos—containing Building Materials
AM 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 Trans issiOfl Electron Microscopy
— iii—
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I. EFFFTCTIVE DATE’
Questions I -. •7 Or; what date does each of the follow
recuirements become effective?
- the manaaement plan
— specific O&M work practices
— O&M training
— periodic surveillance
— warning labels
- selection of an LEA’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
becins to implement its plan. According to
AHERA 203(i), this can be no later than
3uly 9, 1989.
— O&M Work Practices——After December 14, l98 7,
LEAs must abide by the operations and
maintenance requirements in § 763.91, whenever
any of these activities need to be perfcrnied.
— O&M Training——(i ) The 14—hour trainina
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—
-------
i) The effective date for the 2—hoar aenerci
awareness training is defined in the rule.
Section 763.92 (aHi) 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 awareness training 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.
— periodic Surveillance——In § 763.92(b)(1) , the
rule states that at least once every 6
months after a management plan is in effect ,
each LEA shall conduct periodic
surveillance....” in its buildinas. 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 ACR” S
—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,
inspections and response actions, are carried
out in accordance with the rule. As a result,
LEAs must select a Designated Person as soon as
possible to ensure these actjvjtjec are dne
properly.
— anaaement Plan Availability for Public Review— —
Section 7 63.93(g)(1) 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 (includinc
parents and staff) in its administrative office
on the day on which it is submitted. Each
—3—
-------
individual school shall have a cop’S’ cf 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 then maintained by
the LEA in an intact state and undamaged
condition. As a result, as soon as a mana ere’ t
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 plan. 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 reinspectjon 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—
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I:. B jILDI :GE COVEREE BY THF RULE
Question 10: A 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 (i)).
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, administrative offices 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
croup for services?)
—6—
-------
Answer: Tb? A doesn’t have to inspect such a hu ldinc by
October 12, 1988. However, § 763.85(a)(l)
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, S 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 Ito 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 buildinc,
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
emerQency. Does this temporary school building
have to be inspected?
—7—
-------
5c t n 7 63.85(a)(2) states that, ‘In the evor t
that emergency use of an uninspected building as a
school building is necessitated, such buildinos
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. Section 202(7) of AHERA specifically refers
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
AHERA?
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—
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28 4) Thus, individual State law addresses whether
a State—run schooi 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 local community center. Rehearsals 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 ilan.
—9—
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Question 9: 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—
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are not used. Once the LEA beams 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 arid 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 norischoo]. 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.
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ill. GE ER L LE REspT sIs:LiT:E
Questior. 24: Sect.ions 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? % hat would constitute adequate
training?
Answer: The LEA’s designated person is not required to be
accredited; however, he or she must have some
minimal training. Section 763.84(g)(2) lists the
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)(l) requires each LEA to
designate “ a person” . This person or the LEA,
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h ’ever, may choose to appoint an advisory
committee.
Question 26: Can a group of LEAs share a Designated Person?
Answer: Yes.
Question 27: 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 76 3.80(a) allows LEAs to
delegate the duties of their Designated Person
under the rule, but the LEAs remain responsible for
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.
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41E3C) . LE?.s ha’ e the option to use thcir o ’:
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
education, as determined under
State law.
(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
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institution or a encv havinc
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
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.
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:v. Tr’ T, Pt ___ FTI3 , •A EPI”DI EUP’,7ti LA Cc
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.
An 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:
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I) Is there reason to suspect that AB is present?
2) Is there reason to believe fibers cc u1c 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
understanding how the air circulates 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 S 763.83
include circumstances under which there is a
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reasonab]e likelihood that the r a’-erj 1 oi it
covering (emphasis added)H will become damaged or
si nificantly damaged. The term “covering” applies
to thermal system insulation. Thus, thermal system
insulation can be characterized as having potential
for damage or potential for signifjcan damage.
In addition, S 763 . 9 0(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 S 763.88. Section 7 63.90(e) states
that “... if any friable surfacing ACM, thermal
system insulation ACM , or friable miscellaneous ACM
that has potential for damage is present in a
building, the local education agency shall at least
implement an operations and maintenance program
(emphasis added).” Similarly, thermal system
insulation ACM with the potential for significant
damage also has response action requirements.
Since both S 7 63.90(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.
-------
c- ‘red ted persons under the supervi ic -. O
an accredited inspector collect samples, and look
in crawl spaces and other areas to locate ACBM?
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 reinspectjon requirements.
Question 33: Must encapsulated ACBM be reassessed every 3 years?
Answer: Durina 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
area must be reassessed.
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)(l) 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
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rensp :Linn 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 ACBN to be assumed to be
ACN .
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 auidance on where these
materials are typically located in buildings.
A complete list of all suspected ACB 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 cateoory, some materials may contain
asbestos, but they are not building materials under
the rule and therefore are not included in t .e
—
— ‘-
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AH P rule. Other materj ls would not contain any
asbestos, or enough asbestos to be defined as ACM
under the rule.
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hater i al
Concrete
Cinder block
Surfacinc materials (e.g., spray—
applied or troweled—on materials
on walls and ceilings)
Blackboards
Wall board (material could be
gypsur’-, transite, or other
product)
Pressed wood
Thermal system insulation
Corrugated—like paper
product used for thermal
system insulation
‘ all or ceiling carpet
Gaskets in heating and air
conditioning equipment
Floor tile (includes adhesives)
Ceiling tile and panels
Exterior roofing shinales
Auditorium curtains
Cement asbestos water pipe
Chemical lab table and desk tops
Fire doors
Fire brick for boilers
Suspected CB
x
x
x
x
x
x
x
x
x
x
‘-‘ j
HEF R 4 :
x
x
x
x
x
x, COu)
contaj
as he s to
x, COU1 j
contain
asbestos
x, Could
COfltaj
asbes tos
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Nc C ’ered
1spect EER Ruli
Suspected i CB! stored in school x, could
conta in
asbestos
ACBM cloth adjoining airducts x
Chemical lab gloves x, could
conta in
asbestos
Fire blanket x, could
contain
asbestos
Glass x
Steel x
Sheetinq in fume hood x
Brake shoes X 1 could
contain
asbestos
Kiln bricks and cement x
Bunsen burner pad x, could
contain
asbestos
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uert or 39: Please define what is meant by the phrase, ‘ r.y
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 damaae,
crushed areas and torn or missing coverings. The
person conducting periodic 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.
Question 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.
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V. EXCLU5lO S
Question 41: Can an inspector who received accreditation in 1988
grant an inspection exclusion for all or part cf 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
7 63.99(a) (1) , (2) , (3) , (5) , (6) , and (7))
However, under § 7 63.99(a)(7), an architect or
engineer car sign a statement that no ACBM was
specified for use in the construction of a school
built after October 12, 1988.
Under § 7 63.99(a)(4), the lead aaency ir a State
that has received a waiver fror § 763.85(a) can
grant an exclusion.
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VI. PESPDNSE OTO S
Question 42: is the removal of nonfriable asbestos—containin
floor tile considered a response action that
requires the use of accredited personnel? If more
than 3,003 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
requiring both accredited personnel, and the use 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 Han
airtight, impermeable, permanent barrier around
ACB tO prevent the release of asbestos fibers intc
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thE ;:.‘ arpetin is nct irn3 rrne :e, p :--r- .t,
or airtight.
Question 44: What does the term ‘ timely fashion” mean? Ho ’ will
EPA enforce this?
Answer: On page 41839 of the preamble EPA addresses the
“timely fashion” issue:
However, LEAs should be advised that in
providing 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
added). 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. 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
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is p’ - ent in a b ildj 0 , the 1O 1 e u tjon
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 nonfriable? 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.
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VII. OPE A IONS & MAINT
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 763.9l(c)(1) does not require
accredited personnel for this task.
Question 49: iust 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 0&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?
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surfacina and miscellaneous materials
need not be covered by an O&r plan, even if they
ha ’e potential for damage or significant damaae.
-iowever, 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&! 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 recuired in S 763.93?
Answer: The operations and maintenance requirements listed
in § 763.91 are in effect for all LEAs whenever
specific maintenance activities are conducted or
accidents occur. The O&M plan as part of the
rnanaaement 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 S 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 C p i within the school building. (The
procedures for such a plan are provided in
§ 763.91.) The o& i plan for a particular school
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;: ‘ i cu e a perrrHt systern t exeroi e
control over work conducted in the school that
co 1d disturb ACB . The O&M plan must be
implemented as part of the school’s management plan
no later than July 9, 1989.
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lNTE CE W3RREF\ TR .l’ I \
Question 52: a) Will any of the custodial and maintenance worker
personnel who have received previous training be
“arand athered” 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 63.92(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
trained for purposes of this section.H
b) In making this determination, LEAs will need to
determine if previous training ade uately covered
the topics required in §S 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 handli ACB , use of
respirators and hands—on training. Additionally,
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EPA recc r F that i.n ivjduujs who have received
equivalent training in the past receive information
on AHERA.
Question 53: What are the Qualifications or exact training
needed by an individual who conducts the 2—hour
awareness training and the 14—hour additional
training for the maintenance and/or custodial
employees?
Answer: The regulation does not require specific
qualifications for instructors who perform O&
training. LEAs should, however, select instructors
with a professional or educational background in
the asbestos field.
Question 54: Does EPA plan to develop a “canned” training
prograr- 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 traininq for
custodial and maintenance staff. One of EPA’s
funded training centers, Temple University, is also
developina an awareness video. As required by the
rule, custodial and maintenance staff must also
receive site—specific training (e.c., location of
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AC in their building). LEAs interested in the
AASA videotape should contact AASA at (703)P75—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
resources to train custodial staff. Private
consultants, LEA staff, local colleges and labor
groups are potential sources of instructors for O&’i
training. Section 76 3.94(c) requires LEAs to keen
specific information on O&M training, including the
location of the training and the number of hours of
training.
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IX. MANAGEMENT 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 § 203(i) (or
with § 204(d) if there are no
regulations)
(B) does not assure that
contractors who are accredited
pursuant to this title will be
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 AC
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
a ency to continue to provide
educational services to the
community.
Accordin to 205(c)(2) of kHER , “if the St tC
Governcr disapproves a plan, the State Governor
shall exr lain in writing to the LE the reasons
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the plan was d sapproved and the changes that r eed
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 revise 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 LEA has to develop an asbestos management plan
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)(i.). 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
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rrararjerrent plan, just the administrative of8ic€
for that school.
Question 58: After October 12, 1988, under what circumstances
will LEAs have to submit a revised management plan
to the State for review?
Answer: Sections 7 63.93(a)(2) and (3) require LEAs to
subrnit manaQement plans to their States for school
buildings leased, otherwise acquired, or used as
school buildings after October 12, 1988. This
requirement is for buildings added to the plan .
Question 59: Must LEAs notify their State when they update their
management plans after a reinspection?
Answer: 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.
Question 60: When must the LEA initially notify parent, teacher,
and employee groups in writing about the
availability of the management plan?
Answer: Section ?63.93(g)(4) requires LEAs to notify in
writinc parent, teacher, and employee organizations
of the availability of the management plan when the
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rn nacement plan is Submitted to the Governor (S a
designee) 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 LEAs , even a school built after October 12,
1988, with an exclusion based on an architect’s
statement that no ACBP1 was used in construction
(see § 763.99(a)(7)), must have a manaaement
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 regardin the management
plan availability and asbestos—related activities
still apply?
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Answer: Tr e annual written tifirati..r. to p :ets,
teachers, and other school employees remains in
effect even if a school indicates it has removed
all AC i. 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.
Question 63: Are the LEAs required to keep and/or 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
indefinitely. Certain records, however, can be
discarded within a certain period of time after the
ACBM has been removed (see 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 implernentor prohibited
from signing this statement?
Answer: Section 763.93(f) comes directly from the statute
(S 203(i)). However, as noted in the actual
lancuage, such a statement is not required. The
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nurpose )f this prohibition is to dis o ra
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.
Question 65: What forms of written public notifications are
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
to methods of notifying parents, teachers, and
employees. However, § 7 6 3 . 9 3(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 roups should contact their Regional Asbestos
Coordinator.
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Please n fe, under § 763. 3c)(4), LEAP r u
include in the management plan a description of the
steps taken to notify such organizations, and
maintain a dated copy of the notification.
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X. RECOR KEEPI
Question 66: How should the periodic surveillance results be
documented? How detailed does the inforr tion 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.
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xi. ACCREDITATION
Question 67: Does a person have to take the training course and
exam from the same sponsor for accreditation?
Answer: AHERA sections 206(b)(l) 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
training course is consistent with the model plan
(including testing requirements) developed under
subsection (b). A contractor may be accredited by
taking and passin 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 recuired to have an accreditation plan aporove
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y cP . do not have to take the first refresher
course until 2 years after their State has or was
recuirei 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
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ar.s :er 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 exar
passed.
Question 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 recomrnen 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 63.84(h)).
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c LEA hire one abatement firm both to conduc
a response action and to carry out the TEM
clearance air ‘TLOflitorin 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.
Ouestion 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. L.EA5 also have the
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option of hiring accredjt d personnel from a state
with an EPA—approved program. Of course, LEAs may
also choose to Solicit proposals to cond ict
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—approved courses or State programs.
Question 75: 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
pportunity 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
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statement from a physician indicatinc tha: 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 desigp and conduct response actions
(emphasis added).” An accredited designer, then,
must develop the job specifications for a response
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 Mode]. 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”)
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Qu ion 7 : a cs ‘t Say in t e AHERA rule th t LEAS rnu5t
use accredited workers and supervisors to conduct
asbestos abatement work after December J4, 1987?
Answer: Section 76 3.90(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.
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XI. TEM,PC 4, SAMPLING ANt) ANALYSIS
Question 79: % ith 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 a
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 pernitted the use of
PC’ for the 3—year phase—in period was to enable an
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: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 763.90(i)(8) 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.
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Questioo e2: tcould surfacing ACBN on ceilin s of two classrooms
on two separate floors be viewed as conticuous
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 e3: 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
TEN 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 enterinq 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 lII.B.7.d. of Appendix A in the rule
provides criteria for aggressive air monitoring.
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ç uesticn 85: Flease define th term “nc,nfria le susp€ : e
P CBM.” Also, what does the term “manner sufficient
to determine” mean with respect to samplino 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 damage, it is appropriate for the
inspector to consider this as part of the sa .e
homogeneous area. If the suspect material has hee .
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oc’p ie differently, however, it probably wouid no
be uniform in color and texture since there would
be a noticeable difference in the suspect
material’s appearance.
Ouestion 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.
Ouestion 88: How does one determine the amount of air to sample
for the POM 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 volu?rie
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
fror their microscopes.
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Que3tic . S : C .r. duai— c ed pump: be used at abate-ient sites
when taking the five samples?
Answer: This avDids the intent of the directions aiven in
the nonmandatory 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: N3. 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 selectinc 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.
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XIII. WARNING LABF
Question 92: Do you have to label enclosed or encapsulated ACBM
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: Exa ples are boiler rooms, eauiprnent rooms, oipe
tunnels, fan rooms, air handlin; 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.
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Q estic. . 4: i c,encral, will school employees other than
custodial and maintenance workers have to stay Out
of routine r aintenance areas?
P nswer: The rule does not prohibit other school employees
from entering routine maintenance areas.
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x iv. TR NSP3RT ANr 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.
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XY. E tTE ;A:v E
Question 96: Can EP delegate the AHERA regulatory program to
c overnrnent agencies such as cnunty and city
- governments? Several county and city governments
have programs which are more stringent.
Answer: Tv ’ith respect to § 763.98 which addresses State
waivers, these waivers apply only to States.
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! ISCELLA EOUE
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 1978 (20
U.S.C. 92 let 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: - at 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 LEA5 in
complying with the new rule, mailed to LE s in
February, include model forms and formats for
inspections and management plans, respectively.
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Qucs on a gh School Vocatjo a1—tech class deal in with
automobile brake repairs, or in a school
maintenance facility that repairs brakes or s:hoc
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. However, 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 establishin a
program to control brake dust can be found in the
publication,
Guidance for Prevent inc Asbestos Disease
£• echanjcs . This publication is available from:
Superintendent of Documents
U.S. Government Printing Office
Washington, DC 20402
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APPENDIX F
GLOSSARY
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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 refen-ing 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 asbestiforin varieties of: chrysotile (serpentine); crocidolite (riebeckite);
amosite (cummingtonite, grunerite); anthophyffite; 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 nile. The definition of “school building” makes it clear that exterior
hallways connecting buildings, and porticos (covered entlyways) are considered to be in a
building and therefore subject to jurisdiction under TSCA Title 11. Often times, these
exterior areas are continuous with interior areas and could be considered to be a single
homogeneous area in tenns 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 that all of these “exterior”
areas, by virtue of the accessibility of the ACM found there. warrarn inclusion under the
rule.
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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 delaniinated 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; or 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.
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 accredj J expert, always
demonstrating a lack of fiber cohesion or adhesion. Accredj J experts will classify material
based upon a damage determination and recommend appropriate response actions ( 763.85,
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 an damaged
as to release fibers. An accredited inspector will classify this material based upon a
determination of “damage” or “significant damage” (* 763.85 and 763.88) and an accredited
management planner will recommend, in writing, appropriate $por.se actions ( 763.93).
Encapsulation - the treatment of ACBM with a material that surrounds 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
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Enclosure - an airtight, impermeable, permanent barrier around ACBM to prevent the
release of asbestos fibers into the air.
EPA qualifies this definition, statmg 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 or 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 thy, may
be crumbled, pulverized or reduced to powder by hand pressure. This includes previously
nonfriable material after such previously nonfriable material becomes damaged to the extent
that, when dry, it may be crumbled, pulverized or reduced to powder by hand pressure.
Functional space - means a room, group of rooms, or homogeneous area (including crawl
spaces or the space between a dropped ceiling and the floor or roof deck above), such as
classroom(s), a cafeteria, gymnasium, hallway(s), designated by a person accredited to
prepare management plans, design abatement projects, or conduct response actions.
EPA explains that this term is used by the accredited expert to a ropnately 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.
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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 defmed 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 - 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 dela.mjnatecj 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, vibration or air erosion.
The EPA notes that #3 above provides ibe ey e ncc 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 measwes” exists to eliminate potential damage or
significant damage to ACM.
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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 pmgrams.
4) Any maintenance, storage or utility facility, including any hallway, essential to the
operation of any facility described in #(1),(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.
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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 functional space. In draft
guidance, the EPA suggested that damage evenly disthbuted 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, flreproofing materials on struc-
tural members or other materials on surfaces for acoustical, flreproofing 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.
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APPENDIX R
REFERENCES
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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-86-00l, 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 450/2-78-014, 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/530/SW-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. EPAJ600/S2-89/041,
February 1990.
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14. Observational Studs’ 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, (49 FR 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, Tremoljre, Anthophyllite, and
Actino/jie; FinaiRule. OSHA. 29 CFR 1926 (51 FR 22733), June 20, 1986.
4. Asbestos Abatement Projects; Worker Protection; Final Rule. EPA, 40 CFR
Part 763, Subpart 0 (52 FR 5618), February 25, 1987.
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