Current through August 30, 2024
(a) An applicant intending to use materials
containing naturally occurring asbestos at levels at or exceeding those
established under
AS
44.42.410 from within an area designated
under 17 AAC 97.030 and who is seeking
immunity provided under
AS
09.65.245(a)(2) must submit
a site-specific plan to the department. The applicant submitting the plan must
(1) have the plan certified in writing by
(A) an industrial hygienist with
certification from the American Board of Industrial Hygiene; or
(B) a registered professional engineer under
AS 08.48 with department-provided project designer
training;
(2) include
concurrence from
(A) all landowners
nearby;
(B) the project owner;
and
(C) the entity responsible for
maintenance; and
(3)
submit a cover letter to the department's chief engineer stating that the
site-specific plan is being submitted as required under
AS
44.42.410 and identify
(A) the project, construction start, and
projected completion date; and
(B)
the project owner and the entity responsible for project
maintenance.
(b) For projects undertaken by the department
or contracted by the department, where the department or its contractors are
intending to use material containing naturally occurring asbestos at levels at
or exceeding those established under
AS
44.42.410, from within an area designated
under 17 AAC 97.030 and the department
is seeking immunity provided under
AS
09.65.245(a)(2), the
department will produce a site-specific plan. The department will
(1) have the plan certified in writing by
(A) an industrial hygienist with
certification from the American Board of Industrial Hygiene; or
(B) a registered professional engineer under
AS 08.48 with department-provided project designer training;
and
(2) in addition to
providing the information required under (c) of this section,
(A) identify in the plan the project,
construction start, and projected completion date;
(B) identify all landowners nearby;
and
(C) complete the plan as
required in (c) of this section.
(c) A site-specific plan under
AS
44.42.410 must contain at least
(1) a description of the project, project
components, and intended long-term use of the project;
(2) the applicant's address and telephone
number;
(3) identification of all
landowners nearby; the applicant must attach a signed and dated approval letter
from
(A) each landowner that the project
affects;
(B) the project owner;
and
(C) the entity responsible for
rnaintenance of the project;
(4) a map depicting the specific location of
the project boundary and proposed material sites and the boundary of the
designated area established under
17 AAC 97.030;
(5) plans, specifications, and material
quantity estimates for construction involving material containing naturally
occurring asbestos, the location and depths of material containing naturally
occurring asbestos to be incorporated into the project, and identification of
material free from naturally occurring asbestos that will cover or seal the
material containing naturally occurring asbestos; if material containing
naturally occurring asbestos has been used, the material containing naturally
occurring asbestos must be covered or sealed with material free from naturally
occurring asbestos, except if material containing naturally occurring asbestos
is
(A) an integral part of the production of
asphalt concrete, portland cement concrete, or other similarly cemented
materials;
(B) used as riprap;
or
(C) used as slope
stabilization;
(6) a
narrative of the benefits of using material containing naturally occurring
asbestos on the project; the narrative must include a cost analysis comparing
using material containing naturally occurring asbestos to using material that
is free from naturally occurring asbestos; the costs of material containing
naturally occurring asbestos must include all costs to
(A) develop a site-specific plan;
(B) implement the sampling and analysis plan
required under (7) of this subsection;
(C) implement the asbestos compliance plan
required under (8) of this subsection; and
(D) implement the dust control plan required
under (9) of this subsection;
(7) a sampling and analysis plan (SAP) for
construction activities; the sampling and analysis plan must include
(A) details of investigations to identify in
the area sources of material free from naturally occurring asbestos;
(B) identification of the testing method used
for naturally occurring asbestos;
(C) a description of the sampling protocol
used for naturally occurring asbestos;
(D) test results of soil samples from known
material sources or areas of anticipated ground disturbance; the test results
must identify concentrations of naturally occurring asbestos, including mapped
locations; and
(E) a narrative
description of plans to minimize the use of material containing naturally
occurring asbestos;
(8) an
asbestos compliance plan (ACP) for construction activities; the asbestos
compliance plan must include
(A)
identification of those work tasks on the project with the potential for
exposure to material containing naturally occurring asbestos;
(B) a project-specific job hazard analysis
detailing steps that are to be taken to prevent or minimize worker exposure to
asbestos using engineering or administrative controls and personal protective
equipment (PPE); the analysis must include a description of
(i) personal protective equipment to be used
on site;
(ii) decontamination
practices and equipment to be used;
(iii) general safe work practices to be
employed;
(iv) site security
measures; and
(v) changed-conditions
response plans;
(C) a
description of the training to be received by those workers with potential
exposure to naturally occurring asbestos; training must be appropriate for
responsibilities and potential for exposure;
(D) a plan for monitoring the exposure of
workers and the public to airborne asbestos dust; the air monitoring plan must
specify the type of each air sampling device, the siting of each air sampling
device, sampling durations and frequency, and the analytical method; an
individual performing the monitoring and sampling must be supervised by an
individual that the United States Department of Health and Human Services,
Centers for Disease Control and Prevention, National Institute for Occupational
Safety and Health has certified with the course titled
Sampling and
Evaluating Airborne Asbestos Dust (582) (NIOSH 582), dated June 1988
and adopted by reference, or an equivalent to that course; the plan must
include
(i) an area air monitoring test
documenting the presence or absence of airborne fibers from naturally occurring
asbestos; the area air monitoring test must use the test method prescribed in
the United States Department of Health and Human Services, Centers for Disease
Control and Prevention, National Institute for Occupational Safety and
Health,Asbestos and Other Fibers by PCM (7400) (NIOSH 7400),
dated August 15, 1994 and adopted by reference; fiber counts may not
exceed a 24-hour average public exposure concentration greater than or equal to
0.020 fibers per cubic centimeter of air; and
(ii) a personal air monitoring test
documenting the presence or absence of airborne fibers from naturally occurring
asbestos; the personal air monitoring test must use the test method prescribed
inAsbestos and Other Fibers by PCM (7400) (NIOSH 7400),adopted
by reference in (i) of this subparagraph; the worker permissible exposure limit
(PEL) may not exceed an eight-hour time weighted average full-shift airborne
concentration of 0.1 fibers per cubic centimeter of air, and may not exceed one
fiber per cubic centimeter of air as averaged over a sampling period of 30
minutes; and
(E) a
description of public notification to be made during the construction phase
regarding use of material containing naturally occurring asbestos; the
description must include a description of proposed signage to be placed near
the project area during construction;
(9) a dust control plan (DCP) for
construction activities; the plan must include plans to prevent visible dust
emission during excavation, stockpiling, transportation, or placement of
material containing naturally occurring asbestos; and
(10) a draft monitoring and mitigation plan
for the post-construction period or maintenance; the draft plan must include
(A) the long term monitoring and mitigation
plan signed by the entity responsible for maintenance for the completed
project;
(B) a description of
operational and maintenance strategies and timelines for the entity responsible
for maintenance for protecting, testing, and reconstructing covering materials
over the material containing naturally occurring asbestos in the project;
and
(C) a description of planned
public notification measures for the entity responsible for maintenance to
ensure the public is made aware of material containing naturally occurring
asbestos in the area.
(d) The applicant must submit all components
of the site-specific plan not later than 60 days before ground-disturbing
activities start. All components of the site-specific plan must be approved
before ground-disturbing activities begin.
(e) The department may request any additional
information to supplement any component of a site-specific plan.
(f) After the department's preliminary review
of a site-specific plan, the department will consult with and seek comments
from each of the following agencies regarding the draft monitoring and
mitigation plan required under (c)(10) of this section:
(1) the Department of Environmental
Conservation;
(2) the Department of
Health and Social Services;
(3) the
Department of Natural Resources;
(4)
the Department of Law;
(5) the
Department of Labor and Workforce Development.
(g) The department will allow each reviewing
agency listed in (f) of this section 10 working days after receipt of the draft
monitoring and mitigation plan to review the draft monitoring and mitigation
plan with regard to human health concerns arising out of gravel or other
aggregate material containing naturally occurring asbestos. A reviewing agency
may recommend approval of, disapproval of, or modification to the draft
monitoring and mitigation plan. Upon agency request, the department may grant
an additional 10 working days to review the draft monitoring and mitigation
plan. In this subsection, "working day" means a day other than Saturday,
Sunday, or a state holiday.
(h) The
department will incorporate into the final monitoring and mitigation plan each
reviewing agency's recommendations to address human health concerns arising out
of gravel or other aggregate material containing naturally occurring
asbestos.
(i) The department will
issue a written determination approving or disapproving the site-specific
plan.
(j) After approving a
site-specific plan, the department will
(1)
provide a copy of the approved site-specific plan, including the approved final
monitoring and mitigation plan, to
(A) the
applicant; and
(B) the mayor of the
municipality, or to the municipal or community executive, if applicable;
and
(2) require the
applicant to submit all asbestos-related data collected during construction to
the department.
(k) At any
time the applicant submitting the site-specific plan may request revision of
any component of the site-specific plan previously approved under (i) of this
section. To request a revision, the applicant must submit the proposed changes
for the department's approval along with a cover letter as specified under
(a)(3) of this section. The applicant submitting revisions to a site-specific
plan previously approved under (i) of this section must submit all revised
components of the site-specific plan not later than 60 days before proceeding
under the terms of the revised site-specific plan. If without the written
approval of the department under this subsection a contractor or project owner
makes, institutes, or implements a revision to a site- specific plan previously
approved under (i) of this section, the revision voids the previous approval of
that site-specific plan.
(I) The
applicant shall submit the final monitoring and mitigation plan not later than
120 days after construction is completed. The final monitoring and mitigation
plan must include the monitoring and mitigation plan as modified under (h) of
this section, supplemented by as-built plans identifying the final locations
for material containing naturally occurring asbestos and the cover or sealing
material used.
(m) The applicant
shall submit construction monitoring records not later than 120 days after
construction is complete.
(n) The
contractor shall comply with the recordation and notification requirements of
AS
44.42.410(g).
(o) The department will permanently retain
(1) each approved site-specific plan, whether
submitted to or produced by the department; and
(2) all associated
documentation.
A copy of Sampling and Evaluating Airborne Asbestos
Dust (582) (NJOSH 582), adopted by reference in
17 AAC 97.040 may be obtained
through the United States Department of Commerce, National Technical
Information Service website at http://www.ntis.gov/, by searching the
National Technical Reports Library for publication PB89184568. A copy of
Asbestos and Other Fibers by PCM (7400) (NIOSH 7400), adopted
by reference in
17 AAC 97.040, may be obtained by
writing to the Centers for Disease Control and Prevention, 1600 Clifton Road,
Atlanta, GA 30333. An electronic copy may be viewed through the Centers for
Disease Control and Prevention, National Institute for Occupational Safety and
Health website at
http://www.cdc.gov/niosh/docs/2003-154/pdfs/7400.pdf.
Authority:AS
09.65.245
AS 44.42.030
AS 44.42.410
AS 44.42.420
AS 44.42.430
