Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 50 - Environmental health
Subchapter 15 - HEALTHY ENVIRONMENT
Part 1 - Asbestos Control
Section 216-RICR-50-15-1.17 - Abatement (Management) Plans and Owner Responsibilities

Universal Citation: 216 RI Code of Rules 50 15 1.17

Current through September 18, 2024

1.17.1 General Requirements

A. This section applies to Asbestos Abatement (Management) Plans submitted pursuant to § 1.6 of this Part. All asbestos abatement projects conducted at any facility, except for spot repairs as defined in this Part, must be conducted in accordance with an Asbestos Abatement (Management) Plan which has been submitted by the building owner and approved by the Department.

B. Asbestos Abatement (Management) Plans shall be submitted on forms provided by the Department. Said forms shall be signed by the building owner or legally authorized agent. Consultants retained to prepare Asbestos Abatement (Management) Plans are not authorized to sign these forms.

C. An Asbestos Abatement (Management) Plan for any school or school building subject to the AHERA regulations must be prepared by a consultant certified for the proposed scope of abatement work in accordance with §§1.21.2(B)(2) and/or 1.21.2(B)(3) of this Part.

D. An Asbestos Abatement (Management) Plan for any public or private building, other than schools or school buildings subject to the AHERA regulations, must be prepared by the building owner, a full-time employee of the building owner or an Asbestos Project Designer certified in accordance with §1.21.2(B)(2) of this Part.

1.17.2 Contents of an Abatement (Management) Plan

A. An Asbestos Abatement (Management) Plan submitted in accordance with § 1.6 of this Part must include all the information required by the forms provided by the Department.

B. An Asbestos Abatement (Management) Plan must include an interim Operations and Maintenance Program that will be implemented until the asbestos containing material can be abated. Furthermore, any Asbestos Abatement (Management) Plan which does not include complete removal of all asbestos containing material in the area(s) being abated must also include a long-term Operations and Maintenance Program for the remaining asbestos containing material.

C. An Operations and Maintenance Program must address, as a minimum, the following items:
1. Action(s) to be taken when the monitoring program discovers asbestos containing material in need of abatement;

2. Monitoring the physical conditions of the asbestos containing materials in accordance with § 1.22 of this Part, including a schedule for monitoring and methods for documentation of findings;

3. Educating the building staff and occupants regarding the presence and location of asbestos containing material;

4. Procedures for alerting outside service personnel and others to the presence and location of asbestos containing material, including the Warning Label provisions of 40 C.F.R. § 763.95 incorporated by reference at § 1.2(G) of this Part;

5. Steps to be taken which will minimize the likelihood of asbestos fiber release. (e.g., Modification of maintenance activities, spot repairs, etc.); and

6. Steps to be taken which will minimize the potential of human exposure to asbestos (e.g., Limit access to areas known to contain friable asbestos material in deteriorating condition.)

1.17.3 Post Abatement Requirements

A. Clearance Air Sampling. Clearance air sampling for all buildings subject to the AHERA regulations shall be conducted in accordance with §§1.17.3(A)(5) through (8) of this Part. Clearance air sampling for all other buildings shall be conducted in accordance with §§1.17.3(A)(1) through (4) of this Part.
1. Clearance air sampling shall be conducted and reviewed for compliance with the Indoor Non-Occupational Air Exposure Standard established by § 1.5 of this Part prior to dismantling the containment barriers and prior to reoccupancy of the abated area.

2. Clearance air samples shall be collected by a representative of the building owner in accordance with the requirements of §1.14.2(P) of this Part. This representative shall be an independent agent who is not subject to the Asbestos Contractor's control or supervision. All such clearance air samples shall only be analyzed by an Asbestos Analytical Service certified for this activity in accordance with § 1.20 of this Part.

3. The building owner shall review the results of clearance air sampling prior to dismantling the containment barriers and prior to reoccupancy of the abated area. If sampling results exceed the Indoor Non-Occupational Air Exposure Standard established by § 1.5 of this Part, the area shall be recleaned in accordance with §§ 1.7 through 1.16 of this Part and the clearance air sampling shall be repeated. Cleaning and resampling shall be repeated at no less than twenty-four (24) hour intervals until the abated area follows the Indoor Non-Occupational Air Exposure Standard established by § 1.5 of this Part.

4. Within three (3) working days of receipt of clearance air sampling results for an abated area, the building owner shall notify the Department either by telephone or in writing of the completion of the asbestos abatement project and the results of the clearance air sampling. The building owner shall also submit to the Department a certified copy of results of all clearance air sampling conducted in the abatement area and each area adjacent to the abatement area indicating each area follows the Indoor Non-Occupational Air Exposure Standard established by § 1.5 of this Part.

5. Clearance air sampling shall be conducted in accordance with 40 C.F.R. §§ 763.90(i)(2) through (i)(8) incorporated by reference at § 1.2(H) of this Part and reviewed for compliance with the average asbestos concentration established by 40 C.F.R. §§ 763.90(i)(3) through (i)(7) incorporated by reference at § 1.2(H) of this Part prior to dismantling the containment barriers described in the approved asbestos abatement plan and prior to reoccupancy of the abated area.

6. Clearance air samples shall be collected by a representative of the building owner in accordance with the requirements of 40 C.F.R. § 763.90(i)(2) incorporated by reference at § 1.2(H) of this Part. This representative shall be an independent agent who is not subject to the Asbestos Contractor's control or supervision. All such clearance air samples shall only be analyzed by an Asbestos Analytical Service certified for this activity in accordance with § 1.20 of this Part. Notwithstanding the preceding, the requirement to use only Department certified laboratories for samples analyzed via Transmission Electron Microscopy (TEM) is waived until the Department has established requirements for the certification of such facilities.

7. The building owner shall review the results of clearance air sampling prior to dismantling the containment barriers and prior to reoccupancy of the abated area. If sampling results exceed the average asbestos concentration established by 40 C.F.R. § 763.90(i)(3) through (i)(7) incorporated by reference at § 1.2(H) of this Part, the area shall be recleaned in accordance with §§ 1.7 through 1.16 of this Part and the clearance air sampling shall be repeated. Cleaning and resampling shall be repeated at no less than twenty-four (24) hour intervals until the abated area follows the average asbestos concentration established by 40 C.F.R. §§ 763.90(i)(3) through (i)(7).

8. Within three (3) working days of receipt of clearance air sampling results for an abated area, the building owner shall notify the Department either by telephone or in writing of the completion of the asbestos abatement project and the results of the clearance air sampling. The building owner shall also submit to the Department a certified copy of results of all clearance air sampling conducted in the abatement area and each area adjacent to the abatement area indicating each area follows the Indoor Non-Occupational Air Exposure Standard established by § 1.5 of this Part and/or the average asbestos concentration established by 40 C.F.R. §§ 763.90(i)(3) through (i)(7) incorporated by reference at § 1.2(H) of this Part, as appropriate.

B. Confirmation of Disposal of Asbestos. For all Asbestos Containing Waste Material transported off the Asbestos Abatement Project Site, the Asbestos Contractor shall:
1. Maintain waste shipment records, using the most current revision of Agency Form ASB-23 to provide the following information:
a. The name, address, and telephone number of the Asbestos Contractor.

b. The approximate quantity in cubic yards (cubic meters).

c. The name and telephone number of the disposal site operator.

d. The name and physical site location of the disposal site.

e. The date transported.

f. The name, address, and telephone number of the transporter(s).

g. A certification that the contents of this consignment are fully and adequately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations.

2. Provide a properly completed copy of Agency Form ASB-23 to the disposal site owners or operators at the same time as the Asbestos Containing Waste Material is delivered to the waste disposal site.

3. Provide the building owner with the original (white) copy of Agency Form ASB-23 signed by the owner or operator of the designated disposal site. Said original copy shall be transmitted to the Department by the building owner within five (5) working days of receipt.

4. For waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated disposal site, is not received by the Asbestos Contractor within thirty-five (35) days of the date the waste was accepted by the initial transporter [i.e. the date the waste left the abatement project site], contact the transporter and/or the owner or operator of the designated disposal site to determine the status of the waste shipment.

5. Report in writing to the Department if a copy of the waste shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the Asbestos Contractor within forty-five (45) days of the day the waste was accepted by the initial transporter. Include in the report the following information:
a. A copy of the waste shipment record for which a confirmation of delivery was not received; and

b. A cover letter signed by the Asbestos Contractor explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.

6. Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least two (2) years.

1.17.4 Revocation of Department Approval for an Asbestos Abatement (Management) Plan

A. The Department may revoke any Asbestos Abatement (Management) Plan approval issued pursuant to this Part if the granting of said approval was based upon statements which prove to be false or based on misrepresentation of fact.

B. Any aggrieved party shall have the right to a hearing on any such revocation. Said request for a hearing shall be in writing and shall be made within ten (10) days of notification of said revocation.

1.17.5 Expiration of Department Approval for an Asbestos Abatement (Management) Plan

A. An Asbestos Abatement (Management) Plan approval issued by the Department pursuant to this Part shall become invalid unless the work authorized by said approval shall have been commenced within six (6) months after its issuance and been completed within twelve (12) months after its issuance.

B. The six (6) month limit provided for by §1.17.5(A) of this Part above may be extended, for cause, up to an additional ninety (90) days. Written justification for such an extension must be submitted for Department review prior to the approval expiration date. All Department approvals for such an extension must be in writing.

C. The six (6) month limit provided for by §1.17.5(A) of this Part above shall not apply to any suspension or abandonment of an Department approved abatement project when the suspension or abandonment is due to a court order prohibiting such work as authorized by said approval.

1.17.6 Asbestos Abatement (Management) Plan Fees

A. The application fee must accompany the Asbestos Abatement (Management) Plan and shall be in the form of a check made payable to General Treasurer, State of Rhode Island. This fee is nonrefundable and will not be returned if the Asbestos Abatement (Management) Plan is denied or otherwise not approved by the Department. The application fee also includes the inspection fee, authorized by R.I. Gen. Laws § 23-24.5-7(d), for any inspections of said Asbestos Abatement Project which are deemed necessary by the Department.

B. The application fee is based on the number of NESHAP units of ACM involved in the abatement project. One (1) NESHAP unit equals two hundred and sixty (260) linear feet [eighty (80) meters] of ACM or one hundred and sixty (160) square feet [fifteen (15) square meters] of ACM or thirty-five (35) cubic feet [one (1) cubic meter] of ACM off facility components where the length or area could not be measured previously. If any combination of linear, square or cubic feet is involved, the sum of the fractions must be used to determine the actual number of NESHAP units involved in the asbestos abatement project. The application fees are as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).

C. Any amendments to the Asbestos Abatement (Management) Plan which increase the scope of work into a higher fee category will be reassessed. The difference in the two fees shall be submitted to the Department in the form of a check made payable to General Treasurer, State of Rhode Island.

D. Any amendments to the Asbestos Abatement (Management) Plan which request additional waivers and/or variances under the provisions of § 1.16 of this Part will be assessed a flat fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title). Said fee shall be submitted to the Department in the form of a check made payable to General Treasurer, State of Rhode Island. However, said fee will be waived if the amendment(s) to the Asbestos Abatement (Management) Plan also include a request for an increase in the scope of work which would result in the fee difference in accordance with §1.17.6(C) of this Part being assessed.

E. All other amendments to the Asbestos Abatement (Management) Plan, including those involving only minor changes that can receive Department approval over the telephone, will not be charged a fee.

F. Waiver and/or exemption of Asbestos Abatement (Management) Plan Fees: The application fee shall be waived for any Asbestos Abatement (Management) Plan which is eligible for loans or grants in accordance with the provisions of R.I. Gen. Laws § 23-24.5-19 and/or any rules or regulations promulgated by the Rhode Island Department of Administration pursuant to the authority conferred by R.I. Gen. Laws § 23-24.5-19. State agencies shall be exempt from application fees associated with the submittal of Asbestos Abatement (Management) Plans.

1.17.7 Recordkeeping Requirements for AHERA Management Plans

All records required by 40 C.F.R. § 763.94 incorporated by reference at § 1.2(I) of this Part for school buildings subject to the AHERA regulations shall be maintained in a centralized location in the administrative office of both the school building and the Local Education Agency (LEA) and shall be considered a part of the AHERA management plan(s) for all such buildings. These records shall be maintained until their disposal is specifically authorized in writing by the Department unless a shorter retention period is specifically authorized by 40 C.F.R. § 763.94 incorporated by reference at § 1.2(I) of this Part for that type of record.

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