Current through Register Vol. 39, No. 6, September 16, 2024
(a) For the
purposes of this Rule, the following definitions shall apply:
(1) "Abatement" means as defined at
G.S.
130A-444(4), and also
includes renovation activities that are carried out to repair, maintain,
remove, isolate, enclose, replace, or encapsulate asbestos containing material.
Abatement shall not be considered complete until a final clearance inspection
of the public school or licensed child care facility is performed by an air
monitor in accordance with 40 C.F.R.
763.90(i).
(2) "Air monitor" means as defined at
G.S.
130A-447 and
10A NCAC
41C .0601(a)(3).
(3) "Asbestos" means as defined at
G.S.
130A-444(2).
(4) "Asbestos containing material" means as
defined at
G.S.
130A-444(3).
(5) "Asbestos hazard" means a condition that
results in exposure to asbestos in excess of the standards set forth in
10A NCAC
41C .0607(a) or to a
category of asbestos containing material defined at
40 C.F.R.
763.88(b)(1)-(4).
(6) "Inspection" in a licensed child care
facility means an examination of the facility for the presence of asbestos
hazards that is conducted by an inspector in accordance with the rules of
Section .0600 of this Subchapter. "Inspection" in a public school means a
reinspection conducted in alignment with
G.S.
130A-445,
10A NCAC
41C .0604, and
40 C.F.R.
763.85(b).
(7) "Inspector" means as defined at
G.S.
130A-447 and
10A NCAC
41C .0601(a)(7).
(8) "Management Planner" means as defined at
G.S.
130A-447 and
10A NCAC
41C
.0601(a)(9).
(b) Each responsible individual shall ensure
that an inspection is conducted for asbestos hazards in each public school or
licensed child care facility for which he or she is responsible by May 1, 2024.
Inspections for asbestos hazards shall be performed by an inspector and
documented in an inspection report in accordance with
40 C.F.R.
763, Subpart E. A management planner shall
review the inspection report to determine whether an asbestos hazard has been
detected and shall document his or her findings in an asbestos management plan
in accordance with Rule
10A NCAC
41C .0604.
(c) If the management planner determines that
an asbestos hazard has been detected, then the responsible individual shall
restrict access to the identified asbestos hazard until it is abated in
accordance with this Rule.
(d) A
determination by a management planner that an asbestos hazard is present in a
public school or licensed child care facility that is documented in an asbestos
management plan in accordance with Paragraph (b) of this Rule shall satisfy the
requirement of Rule .1002(b)(1) or (d)(2) of this Section, as applicable, that
asbestos is detected that meets the requirements for abatement.
(e) Abatement shall be performed by one or
more professionals who are accredited in accordance with
10A NCAC
41C .0602 and shall be performed in
accordance with Rules .0605-.0607 of this Subchapter.
(f) The information listed in this Paragraph
shall be submitted to the Program by email to ARPA-Reimbursement@dhhs.nc.gov:
(1) Within 45 calendar days following the
date on which an inspection is completed pursuant to this Rule, the management
planner shall report the following on a form provided by the Department:
(A) the name, address, email address, and
phone number of the responsible individual;
(B) the name, address, email address, phone
number, and accreditation number of the management planner;
(C) the name and address, including county,
of the individual school and the public school unit or the licensed child care
facility;
(D) whether the facility
for which the responsible individual is submitting the information is a public
school or a licensed child care facility;
(E) whether the inspection identified the
presence of an asbestos hazard;
(F)
a description of any identified asbestos hazard; and
(G) the results of any laboratory testing
conducted during the inspection.
(2) If the public school or licensed child
care facility plans to use a previous inspection or documentation under
Paragraph (h) of this Rule, then the responsible individual shall submit a copy
of the inspection report, reinspection report, or management plan associated
with the previous inspection or the documentation by May 1, 2024 in lieu of
meeting the requirements in Subparagraph (f)(1) of this Rule.
(3) At least 10 calendar days before
abatement conducted pursuant to this Rule begins, the responsible individual
shall report the following on a form provided by the Department:
(A) the name, address, email address, and
phone number of the responsible individual;
(B) the name and address, including county,
of the individual school and the public school unit or the licensed child care
facility, as applicable;
(C) the
names and accreditation numbers of the professionals who will conduct the
abatement and the email address and phone number of the on-site asbestos
supervisor who will oversee the abatement;
(D) whether the facility for which the
responsible individual is submitting the report is a public school or a
licensed child care facility;
(E)
the dates on which the abatement is scheduled to occur; and
(F) a description of the planned abatement
that contains information on the type of materials to be abated, the location
of the abatement, the quantity of material to be abated, and the method of
abatement.
(4) Within 45
calendar days following the date on which an abatement completed pursuant to
this Rule, the responsible individual shall report the following:
(A) the name, address, email address, and
phone number of the responsible individual;
(B) the name and address, including county,
of the individual school and the public school unit or the licensed child care
facility;
(C) whether the facility
for which the responsible individual is submitting the report is a public
school or a licensed child care facility;
(D) the date on which the abatement was
completed; and
(E) a report of the
results of the final clearance inspection.
(g) In accordance with
10A NCAC
09 .0601 and
10A NCAC
09 .1719, as applicable, licensed child care
facilities shall inspect for asbestos hazards in accordance with this Rule to
ensure these facilities are safe and free from hazards that may injure
children. The failure of a responsible individual in licensed child care
facility to inspect for asbestos hazards or to restrict access to or abate
identified asbestos hazards in accordance with this Rule shall be considered a
violation of
10A NCAC
09 .0601 and
10A NCAC
09 .1719, as applicable.
(h) The requirements of Paragraph (b) of this
Rule shall be considered met if:
(1) the
public school or licensed child care facility previously completed an
inspection of its buildings that meets the requirements of
40 C.F.R.
763, Subpart E, provided that building
material that was sampled during a previous inspection and reported as trace
asbestos or less than 10 percent asbestos content shall be reinspected in
accordance with the process established in Paragraphs (b) - (f) of this
Rule;
(2) the public school or
licensed child care facility produces documentation in accordance with
40 C.F.R.
763.99(a)(7); or
(3) the licensed child care facility produces
a property tax record that shows the building occupied by the licensed child
care facility was built after October 12, 1988.
Authority S.L.
2021-180, s. 9G.8;
Temporary Adoption Eff. April 29,
2022.
