Current through Register Vol. 50, No. 9, September 20, 2024
A. Local
education agencies or the state government shall submit Form AAC-8 concerning
management plans for the following buildings. Local education agencies and the
state government are exempt from the requirement to develop and submit a
management plan in connection with Form AAC-8 if there has been a determination
that there is no asbestos present in the building in accordance with LAC
33:III.2735.A.3, 4, 6, and 7.
1. Each local
education agency or the state government shall develop an asbestos management
plan for each school, including all buildings that are leased, owned, or used
as school or state buildings, and submit the plan to the Office of
Environmental Services. After June 20, 1994, the original submittal of each
plan shall be submitted at least 30 days prior to its use as a school or state
building using the Form AAC-8, required elements for asbestos management plans
(latest revised form can be obtained from the Office of Environmental Services
or through the department's website. The plan may be submitted in stages, if
applicable that cover portions of the school or state building under the
authority of the local education agency or the state government as specified in
LAC 33:III.2701.C.1.
2. If a
building to be used as part of a school or is leased or acquired, the local
education agency shall include the additional building in the management plan
for the school prior to its use as a school. The revised portions of the
management plan shall be submitted to the Office of Environmental
Services.
3. If a local education
agency or the state government begins to use a building as a school or state
building more than 90 days after promulgation of this regulation, the local
education agency or the state government shall submit a management plan for the
school or state building to the Office of Environmental Services prior to its
use as a school or state building. Each plan developed or modified after June
20, 1994, shall include Form AAC-8, required elements for management
plans.
B. Each local
education agency or the state government shall implement its management plan
within 180 days after occupancy.
C.
Each local education agency or the state government shall maintain and update
its management plan to keep it current with ongoing operations and maintenance,
periodic surveillance, inspection, reinspection, and response action
activities. All provisions required to be included in the management plan under
this Section shall be retained as part of the management plan (by either hard
copy, or as an electronic file), as well as any information that has been
revised to bring the plan up-to-date.
D. The management plan shall be developed by
a management planner accredited by the department at the time the work was
performed, and shall include the following.
1. The name and address of each school and
state building shall be listed and whether the school and state building
contains friable ACBM, nonfriable ACBM, and friable and nonfriable suspected
ACBM assumed to be ACM shall be specified.
2. The following shall be included for each
inspection conducted before December 14, 1987:
a. the date of the inspection;
b. a blueprint, diagram, or written
description of each school or state 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;
c. a copy of the
analyses of any bulk samples, dates of analyses, and a copy of any other
laboratory reports pertaining to the analyses;
d. 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; and
e. a description
of assessments, required under LAC 33:III.2713, 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 accreditation
number of each accredited person making the assessments.
3. The following shall be included for each
inspection and reinspection conducted under LAC 33:III.2707:
a. the date of the inspection or
reinspection, the name and signature, and a copy of the accreditation
certificate current at the time of inspection of each accredited inspector
performing the inspection or reinspection;
b. a blueprint, diagram, or written
description of each school or state building that clearly identifies 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 areas where nonfriable suspected ACBM is assumed to
be ACM;
c. a description of the
manner used to determine sampling locations, and the name and signature of each
accredited inspector collecting samples, and a copy of the accreditation
certificate current at the time of inspection;
d. 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 LAC 33:III.2711.A, the date of analysis, the name and signature of the
person performing the analysis, and a copy of the laboratory accreditation
certificate; and
e. a description
of assessments, required under LAC 33:III.2713, of all ACBM and suspected ACBM
assumed to be ACM, and the name, signature, and a copy of the accreditation
certificate current at the time of inspection of each accredited person making
the assessments.
4. The
name, address, and telephone number of the person designated under LAC
33:III.2705 to ensure that the duties of the local education agency are carried
out, the identity and qualifications of the person providing the training to
the person designated, a description of and documentation of the training
provided, and dates and training hours taken by that person to carry out the
duties shall be included.
5. The
recommendations made to the local education agency regarding response actions
under LAC 33:III.2713.D, and the name, and signature of each person making the
recommendations, and a copy of the accreditation certificate current at the
time shall be included.
6. A
detailed description of preventive measures and response actions to be taken
for any friable ACBM, including methods to be used, 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 shall be included.
7. With respect to the person or persons who
inspected for ACBM and who will design or carry out response actions, except
for operations and maintenance, with respect to the ACBM, a statement that the
person(s) is accredited under the provisions in LAC 33:III.2799, Appendix A and
a copy of the accreditation certificate current at the time shall be
included.
8. A detailed description
in the form of a blueprint, diagram, or in writing of any ACBM or suspected
ACBM assumed to be ACM that remains in the school or state building once
response actions are undertaken pursuant to LAC 33:III.2717 shall be included.
This description shall be updated as response actions are completed.
9. A plan for reinspection under LAC
33:III.2707, a plan for operations and maintenance activities under LAC
33:III.2719, and a plan for periodic surveillance under LAC 33:III.2721; a
description of the recommendation made by the management planner regarding
additional cleaning under LAC 33:III.2719.C.2 as part of an operations and
maintenance program; and the response of the local education agency or the
state government to that recommendation shall be included.
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 activities, including
periodic reinspection and surveillance activities that are planned or in
progress shall be included.
11. An
evaluation of the resources needed to complete response actions successfully
and carry out reinspection, operations and maintenance activities, periodic
surveillance, and training shall be included.
12. With respect to each consultant who
contributed to the management plan, the name of the consultant and a statement
that the consultant is accredited according to the provisions in LAC
33:III.2799.Appendix A shall be included.
E. A local education agency or the state
government 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 Chapter. 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.
F. Copies of the management plan shall be
made available, and notification of their availability shall be given as
follows.
1. Upon submission of a management
plan for review, a local education agency or state government 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, and the public, including parents, teachers, other school or
public personnel, and their representatives. The local education agency or the
state government may charge a reasonable cost to make copies of management
plans.
2. Each local education
agency or the state government shall maintain in its administrative office a
complete, updated copy of a management plan for each school or state building
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 and the public, including
teachers, other school personnel and their representatives, and parents. The
local education agency or the state government may charge a reasonable cost to
make copies of management plans.
3.
Each school or state building shall maintain in its administrative office, or
in a central location approved by the administrative authority, a complete,
updated copy of the management plan for that school or state building.
Management plans shall be available for inspection, without cost or
restriction, to workers before work begins in any area of a school or state
building. The school or state building shall make management plans available
for inspection to representatives of EPA and the state and to the public,
including parents, teachers, and other school or public personnel and their
representatives within five working days after receiving a request for
inspection. The school or state building may charge a reasonable cost to make
copies of the management plan.
4.
Upon submission of its management plan and at least once each year, the local
education agency or the state government shall provide notice to parents,
teachers, and employees of the availability of management plans by one or more
of the following: letter, e-mail, text message, or website post. The management
plan shall include a description of the steps taken to provide notice and a
dated copy of the notification.
G. Records required under LAC 33:III.2725
shall be made by local education agencies and the state government and
maintained as part of the management plan.
H. Each management plan must contain a true
and correct statement, signed by the individual designated by the local
education agency or the state government under LAC 33:III.2705, which certifies
that the general, local education agency or the state government
responsibilities, as stipulated by LAC 33:III.2705, have been met or will be
met.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2344 and
40:1749.1.
