Asbestos Survey Requirements CFR2011 title40 vol31 sec763-85.pdf

Environmental Protection Agency § 763.85

(a) Ensure that the activities of any persons who perform inspections, re-inspections, and periodic surveillance, develop and update management plans, and develop and implement response actions, including operations and maintenance, are carried out in accord-ance with subpart E of this part.

(b) Ensure that all custodial and maintenance employees are properly trained as required by this subpart E and other applicable Federal and/or State regulations (e.g., the Occupa-tional Safety and Health Administra-tion asbestos standard for construc-tion, the EPA worker protection rule, or applicable State regulations).

(c) Ensure that workers and building occupants, or their legal guardians, are informed at least once each school year about inspections, response actions, and post-response action activities, in-cluding periodic reinspection and sur-veillance activities that are planned or in progress.

(d) Ensure that short-term workers (e.g., telephone repair workers, utility workers, or exterminators) who may come in contact with asbestos in a school are provided information re-garding the locations of ACBM and sus-pected ACBM assumed to be ACM.

(e) Ensure that warning labels are posted in accordance with § 763.95.

(f) Ensure that management plans are available for inspection and notifi-cation of such availability has been provided as specified in the manage-ment plan under § 763.93(g).

(g)(1) Designate a person to ensure that requirements under this section are properly implemented.

(2) Ensure that the designated person receives adequate training to perform duties assigned under this section.

Such training shall provide, as nec-essary, basic knowledge of:

(i) Health effects of asbestos.

(ii) Detection, identification, and as-sessment of ACM.

(iii) Options for controlling ACBM.

(iv) Asbestos management programs.

(v) Relevant Federal and State regu-lations concerning asbestos, including those in this subpart E and those of the Occupational Safety and Health Ad-ministration, U.S. Department of Labor, the U.S. Department of Trans-portation and the U.S. Environmental Protection Agency.

(h) Consider whether any conflict of interest may arise from the inter-relationship among accredited per-sonnel and whether that should influ-ence the selection of accredited per-sonnel to perform activities under this subpart.

§ 763.85 Inspection and reinspections.

(a) Inspection. (1) Except as provided in paragraph (a)(2) of this section, be-fore October 12, 1988, local education agencies shall inspect each school building that they lease, own, or other-wise use as a school building to iden-tify all locations of friable and nonfri-able ACBM.

(2) Any building leased or acquired on or after October 12, 1988, that is to be used as a school building shall be in-spected as described under paragraphs

(a) (3) and (4) of this section prior to use as a school building. In the event that emergency use of an uninspected building as a school building is neces-sitated, such buildings shall be in-spected within 30 days after commence-ment of such use.

(3) Each inspection shall be made by an accredited inspector.

(4) For each area of a school building, except as excluded under § 763.99, each person performing an inspection shall:

(i) Visually inspect the area to iden-tify the locations of all suspected

ACBM.

(ii) Touch all suspected ACBM to de-termine whether they are friable.

(iii) Identify all homogeneous areas of friable suspected ACBM and all ho-mogeneous areas of nonfriable sus-pected ACBM.

(iv) Assume that some or all of the homogeneous areas are ACM, and, for each homogeneous area that is not as-sumed to be ACM, collect and submit for analysis bulk samples under §§ 763.86 and 763.87.

(v) Assess, under § 763.88, friable ma-terial in areas where samples are col-lected, friable material in areas that are assumed to be ACBM, and friable ACBM identified during a previous in-spection.

(vi) Record the following and submit to the person designated under § 763.84 a copy of such record for inclusion in

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40 CFR Ch. I (7–1–11 Edition) § 763.86 the management plan within 30 days of the inspection:

(A) An inspection report with the date of the inspection signed by each accredited person making the inspec-tion, State of accreditation, and if ap-plicable, his or her accreditation num-ber.

(B) An inventory of the locations of the homogeneous areas where samples are collected, exact location where each bulk sample is collected, dates that samples are collected, homo-geneous areas where friable suspected ACBM is assumed to be ACM, and ho-mogeneous areas where nonfriable sus-pected ACBM is assumed to be ACM.

(C) A description of the manner used to determine sampling locations, the name and signature of each accredited inspector who collected the samples, State of accreditation, and, if applica-ble, his or her accreditation number.

(D) A list of whether the homo-geneous areas identified under para-graph (a)(4)(vi)(B) of this section, are surfacing material, thermal system in-sulation, or miscellaneous material.

(E) Assessments made of friable ma-terial, the name and signature of each accredited inspector making the as-sessment, State of accreditation, and if applicable, his or her accreditation number.

(b) Reinspection. (1) At least once every 3 years after a management plan is in effect, each local education agen-cy shall conduct a reinspection of all friable and nonfriable known or as-sumed ACBM in each school building that they lease, own, or otherwise use as a school building.

(2) Each inspection shall be made by an accredited inspector.

(3) For each area of a school building, each person performing a reinspection shall:

(i) Visually reinspect, and reassess, under § 763.88, the condition of all fri-able known or assumed ACBM.

(ii) Visually inspect material that was previously considered nonfriable ACBM and touch the material to deter-mine whether it has become friable since the last inspection or reinspec-tion.

(iii) Identify any homogeneous areas with material that has become friable since the last inspection or reinspec-tion.

(iv) For each homogeneous area of newly friable material that is already assumed to be ACBM, bulk samples may be collected and submitted for analysis in accordance with §§ 763.86 and 763.87.

(v) Assess, under § 763.88, the condi-tion of the newly friable material in areas where samples are collected, and newly friable materials in areas that are assumed to be ACBM.

(vi) Reassess, under § 763.88, the con-dition of friable known or assumed ACBM previously identified.

(vii) Record the following and submit to the person designated under § 763.84 a copy of such record for inclusion in the management plan within 30 days of the reinspection:

(A) The date of the reinspection, the name and signature of the person mak-ing the reinspection, State of accredi-tation, and if applicable, his or her ac-creditation number, and any changes in the condition of known or assumed

ACBM.

(B) The exact locations where sam-ples are collected during the reinspec-tion, a description of the manner used to determine sampling locations, the name and signature of each accredited inspector who collected the samples, State of accreditation, and, if applica-ble, his or her accreditation number.

(C) Any assessments or reassess-ments made of friable material, the name and signature of the accredited inspector making the assessments, State of accreditation, and if applica-ble, his or her accreditation number.

(c) General. Thermal system insula-tion that has retained its structural in-tegrity and that has an undamaged protective jacket or wrap that prevents fiber release shall be treated as nonfri-able and therefore is subject only to periodic surveillance and preventive measures as necessary.

§ 763.86 Sampling.

(a) Surfacing material. An accredited inspector shall collect, in a statis-tically random manner that is rep-resentative of the homogeneous area, bulk samples from each homogeneous area of friable surfacing material that

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