Current through Register Vol. 50, No. 9, September 20, 2024
A. The
local education agency or the state government shall select and implement in a
timely manner the appropriate response actions in this Section consistent with
the assessment conducted in LAC 33:III.2713. The response actions selected
shall be sufficient to protect human health and the environment. The local
education agency or the state government 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 or state building at any time, should
removal be the preferred response action of the local education agency or the
state government. If any damaged or significantly damaged thermal system
insulation, friable surfacing ACM or miscellaneous ACM is present, the local
education agency or the state government shall:
1. immediately isolate the area with the
damaged or significantly damaged thermal system insulation, and restrict access
to protect human health and the environment until the response action is
completed; and
2. perform any
response actions in accordance with appropriate requirements as provided in LAC
33:III.5151.
B. If
damaged or significantly damaged thermal system insulation ACM is present in a
building, the local education agency or the state government shall:
1. repair the damaged area;
2. remove the damaged material if it is not
feasible, due to technological factors, to repair the damage; and
3. maintain all thermal system insulation ACM
and its covering in an intact state and undamaged condition.
C. Selection of Response Action
for Damaged ACM
1. If damaged friable
surfacing ACM or damaged friable miscellaneous ACM or damaged floor covering
that contains ACM is present in a school or state building, the local education
agency, or the state government 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 that meet the definition in LAC 33:III.2703
and, the local education agency or the state government 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 or the state government may then
consider local circumstances, including occupancy and use patterns within the
school or state building, and its economic concerns, including short- and
long-term costs.
D.
Selection of Response Action for Significantly Damaged ACM
1. If significantly damaged friable surfacing
ACM or significantly damaged friable miscellaneous ACM or significantly damaged
floor coverings as defined in LAC 33:III.2703.A that contain ACM is present in
a school or state building, the local education agency or the state government
shall remove the material in the functional space, or depending upon whether
enclosure or encapsulation would be sufficient to protect human health and the
environment, enclose or encapsulate.
E. If any friable surfacing ACM, thermal
system insulation ACM friable miscellaneous ACM, or floor coverings that
contain ACM that has potential for damage is present in a building, the local
education agency or the state government shall at least implement an operations
and maintenance (O and M) program, as described under LAC
33:III.2719.
F. If any friable
surfacing ACM, thermal system insulation ACM, friable miscellaneous ACM, or any
floor covering that contains ACM that has potential for significant damage is
present in a building, the local education agency or the state government
shall:
1. implement an O and M program, as
described under LAC 33:III.2719;
2.
institute preventive measures appropriate to eliminate the reasonable
likelihood that the ACM or its covering will become significantly damaged,
deteriorated, or delaminated; and
3. remove the material as soon as possible if
appropriate preventive measures cannot be effectively implemented, 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. A
response action related to removal of floor coverings that contain ACM in a
school or state building shall follow the requirements of this Section and
those requirements related to renovations in LAC 33:III.5151.F and J.
H. Response actions including removal,
encapsulation, enclosure, or repair, other than SSSD repairs, shall be
designed, supervised and conducted by persons accredited to design, supervise
and conduct response actions.
I.
Local education agencies and the state government shall comply with either the
OSHA asbestos worker protection for general industry at
29 CFR
1910.1001 or the asbestos construction
standard at
29 CFR
1926.1101, whichever is applicable.
J. 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 or the state government, shall
visually inspect each functional space where such action was conducted to
determine whether the action has been properly completed.
2. The following requirements apply to
collection and analysis of air samples.
a. A
person designated by the local education agency or the state government shall
collect air samples using aggressive sampling as described in EPA regulations
contained in 40 CFR part 763, subpart E, appendix A to monitor air for
clearance after each removal, encapsulation, and enclosure project involving
ACBM, except for SSSD projects.
b.
Local education agencies and the state government shall have air samples
collected under this Section analyzed for asbestos using laboratories
accredited by the Department of Environmental Quality according to LAC 33:I,
Subpart 3, Chapters 45-59, to conduct such analysis using phase contrast
microscopy (PCM) and transmission electron microscopy (TEM) equipped with an
energy dispersive x-ray analysis system or, under circumstances permitted in
this Section.
3. Except
as provided in Paragraph J.4, 5, 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 collected within the affected
functional space and analyzed by the TEM method contained in EPA regulations 40
CFR part 763, subpart E, appendix A is not statistically significantly
different, as determined by the Z-test calculation found in EPA regulations 40
CFR part 763, subpart E, appendix A 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 EPA regulations, 40 CFR part 763,
subpart E, appendix A is below the filter background level of 70 structures per
square millimeter (70 s/mm2).
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 EPA
regulations, 40 CFR part 763, subpart E, appendix A for the five air samples
does not exceed the filter background level of 70 structures per square
millimeter (70 s/mm2). If the average concentration
of asbestos of the five air samples within the affected functional space
exceeds 70 s/mm2, or if the volume of air in each of
the samples is less than 1,199 L of air for a 25-mm filter or less than 2,799 L
of air for a 37-mm filter, the action shall be considered complete only when
the requirements of Paragraph J.3 or 5 of this Section are met.
5. At any time, a local education agency or
the state government 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 SSSD and less than or
equal to 64 square feet or 60 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 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/cm3] of air). A description of
the method is available at the Office of the Federal Register information
center. 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
Louisiana Register.
6. To determine the amount of ACM affected
under Paragraph J.5 of this Section, the local education agency or the state
government shall add the total square or linear footage of ACM within the
containment barriers used to isolate the functional space for the action to
remove, encapsulate, or enclose the ACM. Contiguous portions of material
subject to such action conducted concurrently or at approximately the same time
within the same school or state building shall not be separated to qualify
under Paragraph J.5 of this Section.
7. In the case of a demolition of a school or
state building where occupants will not reenter the building, clearance
sampling is not required.
K. Response actions in a school building,
state building, or public and commercial building including removal,
encapsulation, enclosure, or repair, other than SSSD shall be designed,
supervised, and conducted by persons accredited to perform such
activities.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2344 and
40:1749.1.
