ASBESTOS

Regulatory Compliance

A summary of the properties and health hazards of asbestos

and the Environmental Protection Agency (EPA) regulations

Presented by Michael Grandjean

GranCor Enterprises

MikeG@GranCor.com

(505) 977-4002

www.GranCor.com

Overview

• Overview of federal regulations

• Asbestos Hazard Emergency Response Act

(AHERA)

• Occupational Safety and Health

Administration (OSHA) regulations

• State regulations for asbestos disposal

• Asbestos Management Plan checklist

• Designated Person Requirements

• Questions

• Closing 2

Federal Regulations

• 40 CFR 763 Subpart E – Asbestos-containing materials in schools

• 40 CFR 61 National Emissions Standards for Hazardous Air

Pollutants (NESHAP)

• 29 CFR 1910.1001 OSHA asbestos general industry

• 29 CFR 1926.1101 OSHA asbestos construction industry

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Handout of federal regulations available via:

GranCor.com >>About Us>> CES Vendor >> CES Training Materials

OR

http://grancor.com/presentation/

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Downloadable PDF

40 CFR 763 Subpart E

Asbestos Hazard Emergency

Response Act (AHERA)

Local education agencies must identify friable and nonfriable

asbestos-containing material (ACM) in public and private

elementary and secondary schools by visually inspecting school

buildings for such materials…

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Asbestos Containing Material

Asbestos containing material (ACM) - any material containing 1% or more asbestos

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Fiber Release Episode

• Fiber release episode – any uncontrolled or unintentional disturbance of asbestos containing

building material resulting in visible emission

• Remove all occupants from area

• Secure area

• Secure access at all entry points and hang signs and tape

• Notify designated person

• Designated person must notify properly trained personnel to correct the problem.

• After proper clean up of the area, designated person will release the area for school use.

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Friable

Friable – the material, when dry, may be crumbled, pulverized, or reduced to powder by hand

pressure, and includes previously nonfriable material after such previously nonfriable material

becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to

powder by hand pressure.

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Local Education Agency

Local education agency – 1) any local educational agency as

defined in section 198 of the Elementary and Secondary

Education Act of 1965 (U.S.C. 3381).

2) the owner of any nonpublic,

nonprofit elementary, or secondary

school building (e.g. charter schools)

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Response Action and

Routine Maintenance Area

Response Action – a method, including removal, encapsulation, enclosure, repair, operations and

maintenance, that protects human health and the environment from friable asbestos containing

building material

Routine maintenance area –an area, such as a boiler room or mechanical room, that is not

normally frequented by students and in which maintenance employees or contract workers

regularly conduct maintenance activities

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Definition of a School

Building

School – any elementary or secondary school as defined in section 198 of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 2854)

School building – 1) any structure suitable for use as a classroom, including a school facility such

as a laboratory, library, school eating facility, or facility used for the preparation of food.

2) Any gymnasium or other facility which is specially designed for athletic or recreational activities

for an academic course in physical education.

3) Any other facility used for the instruction or housing of students or for the administration of educational or research programs.

4) Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in this definition of ‘‘school building’.’

5) Any portico or covered exterior hallway or walkway.

6) Any exterior portion of a mechanical system used to condition interior space. 11

Local Education Agency

Responsibilities

• Ensure custodial and maintenance staff are properly trained

• Ensure 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,

including periodic reinspection and surveillance activities

• Ensure warning labels are posted in accordance with 763.95

• Designate a person to ensure requirements are implemented

• Ensure designated person receives adequate training to perform responsibilities

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Designated Person

Training Requirements

• Health effects of asbestos

• Detection, identification, and assessment of asbestos containing materials

(ACM)

• Options for controlling asbestos containing building material (ACBM)

• Asbestos management programs

• Relevant federal and state regulations concerning asbestos to include OSHA,

Dept of Labor, Dept of Transportation, and EPA regulations.

• Consider any conflicts of interest

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Inspections and

Reinspections

Inspection – 1) Local education agencies shall inspect each school building that they lease, own, or

otherwise use as a school building to identify all locations of friable and nonfriable asbestos containing

building material. 2) Any building leased or acquired on or after October 12, 1988, that is to be used

as a school building shall be inspected. In the event that emergency use of an uninspected building as

a school building is necessitated, such buildings shall be inspected within 30 days.

Reinspection – 1) At least once every 3 years after a management plan is in effect, each local

education agency shall conduct a reinspection of all friable and nonfriable known or assumed asbestos

containing building material in each school building that they lease, own, or otherwise use as a school

building.

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Other Requirements

• Sampling

• Assessment

• Response actions

• Implement an Operations and Maintenance

program15

Operations and Maintenance

The local education agency shall implement an

operations, maintenance, and repair (O&M) program

whenever any friable asbestos containing building

material is present in a building that it leases, owns, or

otherwise uses as a school building.

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Training

• The local education agency shall ensure, prior to the implementation of the operations and

maintenance provisions of the management plan, that all members of its maintenance and

custodial staff (custodians, electricians, heating/air conditioning engineers, plumbers, etc.) who

may work in a building that contains asbestos containing building materials receive awareness

training of at least 2 hours, whether or not they are required to work with asbestos containing

building materials.

• New custodial and maintenance employees shall be trained within 60 days after commencement

of employment.

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Periodic Surveillance

• At least once every 6 months after a management plan is in effect, each local education agency

shall conduct periodic surveillance in each building that it leases, owns, or otherwise uses as a

school building that contains, or is assumed to contain, asbestos containing building material.

• Must visually inspect all areas that are identified in the management plan as asbestos containing

building material

• Submit a record of this inspection to the school’s designated person for inclusion in the

management plan

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Management Plans

• On or before October 12, 1988, each local education agency shall develop an asbestos management plan for

each school, including all buildings that they lease, own, or otherwise use as a school building.

• Must include name, address, and telephone number of the designated person.

• Must include the course name, and dates and hours of training taken by the designated person

• Submit plan to the Governor

• Keep a copy in admin office and each school office.

• Must be available (within 5 working days of request) without cost or restriction for inspection by EPA, state,

public, school personnel, and parents. However, school may charge reasonable amount to make copies.

• Must include a signed statement by the designated person indicating the local education agency’s responsibilities

have been met.

• RECORDKEEPING: Must maintain records in a centralized location in the admin office of both the school and

the local education agency as part of the management plan. 19

Warning Labels

• Shall attach a warning label immediately adjacent to any friable and nonfriable asbestos

containing building material located in routine maintenance areas (such as boiler rooms) at each

school building.

• Warning label must read: “CAUTION: ASBESTOS. HAZARDOUS. DO NOT DISTURB

WITHOUT PROPER TRAINING AND EQUIPMENT.”

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Compliance and

Enforcement

• It is unlawful for local education agencies to:

• Fail to conduct inspections

• Knowingly submit false information to the Governor

• Fail to develop a management plan

• Violations - shall be liable for civil penalty between $5,000-$25,000

(depending on which section is violated)

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EPA Citations

• EPA fines AZ schools for a combined total of $95,000 (EPA.gov, 2013)

• EPA fines AZ charter schools $22,000 for not having current inspections (EPA.gov, 2009)

• New Mexico schools have also had visits from the EPA throughout the past decade.

• “Widespread Asbestos Violations in Massachusetts Schools” (Public Employees for

Environmental Responsibility. Peer.org, 2010).

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OSHA Regulations

• How to incorporate OSHA and AHERA regulations

• 29 CFR 1910 – OSHA general industry standard

• 29 CFR 1926 – OSHA construction industry standard

• 29 CFR 1926.1101 OSHA asbestos regulation and worker protection

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State Regulations

20 NMAC 9.1 Regulations for disposal of asbestos containing materials

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Asbestos Management

Plan Checklist

Does your school have:

• A complete Asbestos Management Plan to include an Operations and Maintenance section?

• A designated person?

• A current three-year reinspection?

• Notification to students, parents, and teachers yearly?

• Proper training to include Designated Person training, Maintenance Worker Training, and 2 Hour

Asbestos Awareness Training for all custodians and maintenance staff?

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Designated Person

Training Requirements

• Health effects of asbestos

• Detection, identification, and assessment of asbestos containing materials

• Options for controlling asbestos containing building material

• Asbestos management programs

• Relevant federal and state regulations concerning asbestos to include OSHA,

Dept of Labor, Dept of Transportation, and EPA regulations.

• Consider any conflicts of interest

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5 Most Important Requirements

For Your Designated Person

• Designated Person training

• 2 Hour Asbestos Awareness Training for ALL custodians

and maintenance

• Asbestos Worker Training (if you are going to disturb

asbestos)

• 3 Year Reinspections

• 6 month self inspections

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Operations

• Removal

• Encapsulate

• Enclosure

• Asbestos Maintenance Worker Training

if you are going to disturb asbestos

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Frequently Asked Questions

• What if my school has been abated? Do I still need a management plan?

• Is there a designated person?

• Has the designated person been trained?

• Where can I get training?

• ACME, DC Environmental, Envision Environmental, Field Sciences Institute

• How can my school get a management plan or 3 year reinspection?

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Concluding Remarks

• Call Mike (505) 872-0005

• www.OSHA.gov

• www.EPA.gov

• GranCor: 505-872-0005 www.GranCor.com Solutions@GranCor.com

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