HAR §11-502-10. Operations and maintenance

(a) The local education agency shall implement an operations, maintenance, and repair program pursuant to this section whenever any friable ACBM is present or assumed to be present in a building that it leases, owns, or otherwise uses as a school building. Any material identified as nonfriable ACBM or nonfriable assumed ACBM must be treated as friable ACBM for purposes of this section when the material is about to become friable as a result of activities performed in the school building. (b) The protection provided by EPA at 40 CFR 763.121 for worker protection during asbestos abatement projects is extended to employees of the local education agency who perform operations, maintenance, and repair activities involving ACM and who are not covered by the OSHA asbestos construction standard at 29 CFR 1926.1101 or an asbestos worker approved by OSHA pursuant to Section 19 of the U.S. Occupational Safety and Health Act. The local education agency may consult 40 CFR Part 763, Subpart E, Appendix B, as referenced in section 11-502-3, if their employees are performing operations, maintenance, and repair activities that are of small-scale and short duration. (c) Small-scale, short duration activities shall only be performed by staff that have completed the training required by section 11-502-11. Records of all small-scale, short duration activities must be kept in the management plan. These shall include: (1) The location of ACBM disturbance; (2) The amount of ACBM affected; (3) The person performing the activity; (4) The training this person has received; (5) The length of time required to complete the activity; and (6) If ACM is removed, the name and location of the storage or disposal site of the ACM. (d) Cleaning shall be performed as follows: (1) unless the building has been cleaned using equivalent methods within the previous six months, all areas of a school building where friable ACBM, damaged or significantly damaged thermal system insulation ACM, or friable suspected ACBM assumed to be ACM are present shall be cleaned at least once after the completion of the inspection required by section 11-502-5(a) and before the initiation of any response action, other than operations and maintenance activities or repair, according to the following procedures: (A) HEPA-vacuuming or steam-cleaning all carpets; (B) HEPA-vacuuming or wet-cleaning all other floors and all other horizontal surfaces; and (C) Disposal of all debris, filters, mop-heads, and cloths in sealed, leak- tight containers; (2) The certified management planner shall make a written recommendation to the local education agency whether additional cleaning is needed, and if so, the methods and frequency of such cleaning. (e) The local education agency shall ensure that the procedures described below to protect building occupants shall be followed for any operations and maintenance activities disturbing friable ACBM: (1) Restrict entry into the area by persons other than those necessary to perform the maintenance project, either by physically isolating the area or by scheduling; (2) Post signs to prevent entry by unauthorized persons; (3) Shut off or temporarily modify the air- handling system and restrict other sources of air movement; (4) Use work practices or other controls, such as wet methods, protective clothing, HEPA- vacuums, mini-enclosures, glove bags, as necessary to inhibit the spread of any released fibers; (5) Clean all fixtures or other components in the immediate work area; and (6) Place the asbestos debris and other cleaning materials in a sealed, leak-tight container. (f) The response action for any maintenance activities disturbing friable ACBM, other than small- scale, short duration maintenance activities, shall be designed by persons certified to design response actions and conducted by persons certified to conduct response actions as required by sections 11-504-22, 11- 504-23, and 11-504-35. (g) The local education agency shall ensure that the procedures described below are followed in the event of a minor fiber release episode; these procedures may be conducted by persons trained pursuant to subsection 11-502-11(b): (1) The debris shall be thoroughly saturated using wet methods; (2) The area shall be cleaned, as described in subsection (d); (3) The asbestos debris shall be placed in a sealed, leak-tight container; and (4) The area of damaged ACM shall be repaired with materials such as asbestos-free spackling, plaster, cement, or insulation; sealed with latex paint or an encapsulant; or the appropriate response action required by section 11-502-9 shall be immediately implemented. (h) The local education agency shall ensure that the procedures described below are followed in the event of a major fiber release episode: (1) Entry into the area shall be restricted and signs shall be posted to prevent entry into the area by persons other than those necessary to perform the response action; (2) The air-handling system shall be shut off or temporarily modified to prevent the distribution of fibers to other areas in the building; and (3) The response action for any major fiber release episode shall be designed by persons certified to design response actions and conducted by persons certified to conduct response actions as required by sections 11- 504-22, 11-504-23, and 11-504-35. (i) The local education agency shall ensure that ACM such as floor tiles are not subjected to dry stripping or dry sanding. [Eff ] (Auth: HRS §321-11(26)) (Imp: 40 CFR Part 763.91)