(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
pursuant to section 11-502-8. The response actions selected shall be sufficient
to protect human health and the environment. The local education agency may
then select, from the response actions which protect human health and the
environment, that action which is the least burdensome method. Nothing in this
section shall be construed to prohibit removal of ACBM from a school building
at any time, should removal be the preferred response action of the local
education agency.
(b) If damaged or
significantly damaged thermal system insulation ACM is present in a building,
the local education agency shall:
(1) Repair
the damaged area;
(2) Remove the
damaged material if it is not feasible, due to technological factors, to repair
the damage; or
(3) Maintain all
thermal system insulation ACM and its covering in an intact state and undamaged
condition.
(c) 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. In selecting the response action from among those which meet the
definitional standards of a response action as provided in section 11-502-2,
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-term 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; and
(2) Remove
the material in the functional space; or enclose or encapsulate if these would
be sufficient to protect human health and the environment.
(e) If any friable surfacing ACM, thermal
system insulation ACM, or friable miscellaneous ACM that has potential for
damage is present in a building, the local education agency shall at a minimum
implement an operations and maintenance program, as described in section
11-502-10.
(f) If any friable
surfacing ACM, thermal system insulation ACM, or friable miscellaneous ACM that
has potential for significant damage is present in a building, the local
education agency shall:
(1) Implement an
operations and management program as described in section 11-502-10;
(2) Institute preventive measures appropriate
to eliminate the reasonable likelihood that the ACM or its covering will become
significantly damaged, deteriorated, or delaminated;
(3) Remove the material as soon as possible
if appropriate preventive measures cannot be effectively implemented, or unless
other response actions are determined to protect human health and the
environment; immediately isolate the area and restrict access if necessary to
avoid an imminent and substantial endangerment to human health or the
environment.
(g)
Response actions including removal, encapsulation, enclosure, or repair, other
than small-scale, short duration repairs, shall be designed and conducted by
persons certified to design and conduct response actions as required in chapter
11-504, and in accordance with chapter 11-501. All certification records must
be kept by the contractors and also kept in the management plan. These records
must be made available for inspection by the department of health. Small-scale,
short duration response actions shall be designed and conducted by personnel
who have at the minimum completed the training required by section 11-502-11.
Records of all small-scale, short duration response actions must be kept in the
management plan pursuant to section 11-502-13(c).
(h) The requirements of this chapter in no
way supersede the worker protection and work practice requirements pursuant to
29 CFR
1926.1101 (Occupational Safety and Health
Administration asbestos worker protection standards for construction), and
chapter
11-501 (Asbestos
Requirements).
(i) At the
conclusion of any action to remove, repair, encapsulate, or enclose ACBM or
material assumed to be ACBM and before re-occupancy:
(1) After the requirements of paragraphs (2)
through (7) have been completed, a person designated by the local education
agency who is certified as a project monitor pursuant to section
11-504-36_shall visually inspect each functional space where the action was
conducted to determine whether the action has been properly completed. This
visual inspection shall determine if any ACBM dust or debris is present. The
person designated to conduct the visual inspection, the date, the area
inspected, the response action conducted, and the results of the visual
inspection shall be written and included in the management plan with all other
documents relating to this response action. If any debris or dust is found, the
response action shall not be considered complete;
(2) A person designated by the local
education agency who is certified as a project monitor pursuant to section
11-504-36 shall collect air samples using aggressive sampling as described in
40 CFR Part 763, Subpart E, Appendix A, as referenced in section 11-502-3, to
monitor air for clearance after each removal, encapsulation, and enclosure
project involving ACBM, except for projects that are of small-scale, short
duration or contained non-friable ACM that did not become friable during or
after the response action. Air sample results must be provided in writing to
the designated person before re-occupancy. The location of where these samples
were taken must be recorded and kept in the management plan;
(3) The local education agency shall have air
samples collected pursuant to this section analyzed for asbestos using
laboratories registered with the department, as required in section 11-504-19,
and accredited by the NVLAP to conduct such analyses using transmission
electron microscopy or, under circumstances permitted in this section,
laboratories enrolled in an American Industrial Hygiene Association Testing
Program for phase contrast microscopy;
(4) Except as provided in paragraph (5) and
(6) an action to remove, encapsulate, or enclose ACBM shall be considered
complete when the average concentration of asbestos of five air samples
collected within the affected functional space and analyzed by the transmission
electron microscopy method in 40 CFR Part 763, Subpart E, Appendix A, as
referenced in section 11-502-3, is not statistically different, as determined
by the Z-test calculation found in 40 CFR Part 763, Subpart E, Appendix A, as
referenced in section 11-502-3, 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 40 CFR Part 763, Subpart E, Appendix A, is
below the filter background level, as defined 40 CFR Part 763, Subpart E,
Appendix A, of seventy structures per square millimeter;
(5) 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 liters of air for a
twenty-five millimeter filter or equal to or greater than 2,799 liters of air
for a thirty-seven millimeter filter, and the average concentration of asbestos
as analyzed by the transmission electron microscopy method in 40 CFR Part 763,
Subpart E, Appendix A, as referenced in section 11-502-3, for the five air
samples does not exceed the filter background level, as defined in 40 CFR Part
763, Subpart E, Appendix A, of seventy structures per square millimeter. If the
average concentration of asbestos of the five air samples within the affected
functional space exceeds seventy structures per square millimeter, or if the
volume of air in each of the samples is less than 1,199 liters of air for a
twenty-five millimeter filter or less than 2,799 liters of air for a
thirty-seven millimeter filter, the action shall be considered complete only
when the requirements of paragraph (4) or (6) are met;
(6) The local education agency may choose to
analyze air monitoring samples collected for clearance purposes by phase
contrast microscopy, rather than transmission electron microscopy, to confirm
completion of removal, repair, encapsulation, or enclosure of ACBM that is of
small-scale, short duration. 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 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 quantification for phase
contrast microscopy (0.01 fibers per cubic centimeter of air); and
(7) To determine the amount of ACBM affected
pursuant to paragraph (6), 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, repair, 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 pursuant to paragraph (6). The
division of a pre-existing functional space into smaller functional spaces
through containments or other methods to reduce the amount of ACBM and avoid
more stringent air-clearance requirements is not permitted.
