Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Applicability.
When an asbestos inspection is performed, the asbestos
inspection must be conducted according to this part.
Subp. 2.
Asbestos sampling.
Sampling must be conducted as provided in Code of Federal
Regulations, title 40, chapter I, subchapter R, part 763, subpart E, section
763.86, amended through April 15, 1988, and Code of Federal Regulations, title
40, chapter I, subchapter R, part 763, subpart E, appendix C, section I,
paragraph (B), subparagraph (3), amended through February 3, 1994.
Subp. 3.
Asbestos
analysis.
Analysis of bulk samples collected as part of an asbestos
inspection must be analyzed according to this subpart.
A. Bulk samples collected and submitted for
analysis must be analyzed for asbestos using a laboratory:
(1) accredited by the National Institute of
Science and Technology (NIST) through the National Voluntary Laboratory
Accreditation Program (NVLAP); or
(2) which successfully participates in the
asbestos bulk analysis program of the American Industrial Hygiene Association
(AIHA).
B. Bulk samples
must not be composited for analysis unless allowed by the Environmental
Protection Agency (EPA) as specified in "Asbestos NESHAP Clarification
Regarding Analysis of Multi-layered Systems," Federal Register, volume 5,
number 3, page 542, January 5, 1994. Bulk samples shall be analyzed for
asbestos content by polarized light microscopy (PLM), as specified in EPA
Method for the Determination of Asbestos in Bulk Building Materials, United
States EPA 600/R-93/116, 1993. This document is incorporated by reference, is
not subject to frequent change, and is available through the Minitex
interlibrary loan system.
C. A
homogeneous area is determined not to contain asbestos only if the results of
all samples required to be collected from the area show asbestos in amounts of
one percent or less.
D. A
homogeneous area is determined to contain asbestos if results of at least one
sample collected from the area shows that asbestos is present in an amount
greater than one percent.
E. The
asbestos inspector must obtain an analysis report which contains the:
(1) name and address of the laboratory
performing the analysis;
(2) date
of the analysis; and
(3) name and
signature of the person performing the analysis.
Subp. 4.
Assessment.
If the asbestos inspector performs an assessment of the
condition of asbestos-containing material or suspected asbestos-containing
material, the asbestos inspector must provide a written assessment using the
categories from Code of Federal Regulations, title 40, chapter I, subchapter R,
part 763, subpart E, section 763.88, paragraph (b), items (1) to (7), amended
through April 15, 1988, for all known or assumed asbestos-containing material
in the facility or portion of the facility inspected.
Subp. 5.
Inspector duties.
The asbestos inspector must have a current asbestos inspector
certificate at the location where the asbestos inspector is conducting work,
except as provided in part 4620.3330, subpart 6, item A. The asbestos inspector
must prepare a written report which:
A. contains the exact location of each
homogeneous area of material which is known or assumed to be
asbestos-containing material;
B. if
the asbestos inspector performs an assessment of asbestos-containing material
or suspected asbestos-containing material, contains the condition of each
homogeneous area of material which is known or assumed to be
asbestos-containing material;
C. is
signed by the inspector;
D. is
dated by the inspector;
E. includes
the inspector's Minnesota asbestos inspector certification number;
F. provides a photocopy of the current
asbestos inspector certificate of each inspector who performed the inspection;
and
G. is provided to the person
requesting the inspection.
Statutory Authority: MS s
144.05;
326.70 to
326.81
