Current through Register Vol. 18, September 20, 2024
(1) At the conclusion
of any asbestos project conducted in a facility, the owner or operator shall ensure
that final visual inspection and air clearance sampling are conducted in all
asbestos project work areas prior to expiration of the asbestos project
permit.
(2) The concentration of
asbestos fibers in air clearance samples collected pursuant to (1) must be:
(a) less than or equal to 0.01 fibers per cubic
centimeter of air for each sample collected within the work area, when analyzed by
Phase Contrast Microscopy (PCM) using the NIOSH 7400 or NIOSH 7402 method;
or
(b) less than or equal to 70
structures per square millimeter for each sample collected within the work area,
when analyzed by Transmission Electron Microscopy (TEM) using EPA's interim TEM
analytical methods provided in 40 CFR 763, subpart E, appendix A.
(3) Final visual inspection and
clearance sampling and analysis must be conducted as follows:
(a) a person performing a final visual inspection
and final air clearance sampling shall:
(i)
observe the entire asbestos project area to verify that the asbestos project
contractor has removed all visible asbestos-containing waste, dust, and debris from
the work area;
(ii) require any
necessary recleaning by the asbestos project contractor and conduct subsequent
visual inspections that verify that the asbestos project contractor has removed all
ACM identified in the asbestos project permit and related asbestos-containing waste,
dust, and debris from the work area; and
(iii) complete a signed, written affidavit
verifying that the asbestos project contractor has removed all ACM identified in the
asbestos project permit and related asbestos-containing waste, dust, and
debris;
(b) a person
collecting final air clearance samples shall:
(i)
ensure final clearance air sampling and testing are not performed until after the
final visual inspection has been completed in accordance with this rule;
(ii) once the work area has passed the final
visual inspection, sweep an air stream from a high-speed blower or equivalent
air-blowing device across all surfaces in the work area for a time adequate to
disturb air in all areas of the work area prior to beginning final air clearance
sampling;
(iii) ensure the air is
continually agitated in all potentially occupied areas, utilizing at least one
20-inch box fan or its cubic feet per minute equivalent per 10,000 cubic feet of
work area, in a manner that creates maximum air disturbance. Agitating the air in
the work area prior to final air clearance sampling is not required for unoccupied
areas such as crawl spaces; and
(iv)
immediately after agitating the air in the work area, begin collecting at least five
final clearance air samples in the work area;
(c) the asbestos project may not be approved for
general re-occupancy until after the final visual inspection and after the results
of all required air clearance samples demonstrate that asbestos concentrations do
not exceed the applicable concentration specified in (2);
(d) persons conducting a final visual inspection
and final air clearance sampling and testing shall record and include in a final
written report:
(i) the names of the asbestos
contractor/supervisor supervising the permitted activity and the person or persons
conducting final visual inspection and final air clearance sampling;
(ii) the name and address of the facility site and
location of the asbestos project;
(iii)
the number of the asbestos project permit issued by the department;
(iv) the date of final visual inspection and final
air clearance sampling;
(v) whether the
work area was aggressed;
(vi) the number
of samples collected, identified in sufficient detail to allow another individual to
perform duplicate sampling;
(vii) the
laboratory analytical method used;
(viii) the pump flow rate (pre, post, and
average), run time, total volume of air, calculations for PCM or for TEM, and
laboratory analytical report; and
(ix) a
statement of whether final visual inspection and final air clearance sampling has
documented the completion of the asbestos project;
(e) the final visual inspection and air clearance
sampling report must include the signatures of the project contractor/supervisor and
final air clearance sampling person attesting to the completion of the asbestos
project; and
(f) the results of the
final visual inspection and final air clearance sampling and testing must be
maintained by the owner or operator and by the person who performed the sampling and
must be made available to the department upon request.
(4) For asbestos projects with final air clearance
sampling, the person conducting final air clearance sampling shall:
(a) collect air samples, representative of the
entire work area, in accordance with the NIOSH 7400 method for PCM samples or NIOSH
7402 for TEM samples;
(b) ensure that
the flow rate for each air sampling pump is calibrated at the beginning and end of
the sampling period; and
(c) ensure air
sampling cassettes are placed four to six feet above the floor at a 45 degree angle
down. Each cassette must be subject to normal air circulation, avoiding room
corners, walls, ceilings, obstructed locations, and sites near windows, doors, or
vents.
(5) An asbestos
project is considered approved for general re-occupancy when the final visual
inspection documents no residual visible ACM, dust, or debris is present, and the
results of clearance air sampling meet the requirements of (2).
(6) PCM samples required under this rule shall be
analyzed by a laboratory certified in the NIOSH 582 or 582e and that maintains a
"proficient" rating in the American Industrial Hygiene Association (AIHA)
proficiency analytical testing (PAT) program. PAT results must be submitted to the
department upon request. The department must approve alternate proficiency programs
prior to the analysis of PCM samples.
(7) TEM sample analyses required by this rule must
be conducted by a laboratory accredited by the National Voluntary Laboratory
Accreditation Program or a laboratory accredited by an equivalent accreditation
program that is accepted in advance by the department in writing.
(8) Alternate work practices for clearing asbestos
projects may be used if approved in writing by the department in advance. Requests
to employ alternate work practices must be submitted to the department in accordance
with ARM 17.74.353(1)(e).
(9) A person performing a final visual inspection
and final air clearance sampling:
(a) must be
accredited by the department as an asbestos contractor/supervisor; and
(b) may not be contractually associated with the
asbestos project contractor, and there may not be any common ownership or employment
relationship between the person or entity carrying out the asbestos project and the
person or entity conducting the final clearance or sampling and analysis
operations.
