HAR §11-502-9. Response actions

(a) The local education agency shall select and implement in a timely manner the appropriate response actions in this section consistent with the assessment conducted pursuant to section 11-502-8. The response actions selected shall be sufficient to protect human health and the environment. The local education agency may then select, from the response actions which protect human health and the environment, that action which is the least burdensome method. Nothing in this section shall be construed to prohibit removal of ACBM from a school building at any time, should removal be the preferred response action of the local education agency. (b) If damaged or significantly damaged thermal system insulation ACM is present in a building, the local education agency shall: (1) Repair the damaged area; (2) Remove the damaged material if it is not feasible, due to technological factors, to repair the damage; or (3) Maintain all thermal system insulation ACM and its covering in an intact state and undamaged condition. (c) If damaged friable surfacing ACM or damaged friable miscellaneous ACM is present in a building, the local education agency shall select from among the following response actions: encapsulation, enclosure, removal, or repair of the damaged material. In selecting the response action from among those which meet the definitional standards of a response action as provided in section 11-502-2, the local education agency shall determine which of these response actions protects human health and the environment. For purposes of determining which of these response actions are the least burdensome, the local education agency may then consider local circumstances, including occupancy and use patterns within the school building, and its economic concerns, including short-term and long-term costs. (d) If significantly damaged friable surfacing ACM or significantly damaged friable miscellaneous ACM is present in a building, the local education agency shall: (1) Immediately isolate the functional space and restrict access, unless isolation is not necessary to protect human health and the environment; and (2) Remove the material in the functional space; or enclose or encapsulate if these would be sufficient to protect human health and the environment. (e) If any friable surfacing ACM, thermal system insulation ACM, or friable miscellaneous ACM that has potential for damage is present in a building, the local education agency shall at a minimum implement an operations and maintenance program, as described in section 11-502-10. (f) If any friable surfacing ACM, thermal system insulation ACM, or friable miscellaneous ACM that has potential for significant damage is present in a building, the local education agency shall: (1) Implement an operations and management program as described in section 11-502-10; (2) Institute preventive measures appropriate to eliminate the reasonable likelihood that the ACM or its covering will become significantly damaged, deteriorated, or delaminated; (3) Remove the material as soon as possible if appropriate preventive measures cannot be effectively implemented, or unless other response actions are determined to protect human health and the environment; immediately isolate the area and restrict access if necessary to avoid an imminent and substantial endangerment to human health or the environment. (g) Response actions including removal, encapsulation, enclosure, or repair, other than small- scale, short duration repairs, shall be designed and conducted by persons certified to design and conduct response actions as required in chapter 11-504, and in accordance with chapter 11-501. All certification records must be kept by the contractors and also kept in the management plan. These records must be made available for inspection by the department of health. Small-scale, short duration response actions shall be designed and conducted by personnel who have at the minimum completed the training required by section 11- 502-11. Records of all small-scale, short duration response actions must be kept in the management plan pursuant to section 11-502-13(c). (h) The requirements of this chapter in no way supersede the worker protection and work practice requirements pursuant to 29 CFR 1926.1101 (Occupational Safety and Health Administration asbestos worker protection standards for construction), and chapter 11- 501 (Asbestos Requirements). (i) At the conclusion of any action to remove, repair, encapsulate, or enclose ACBM or material assumed to be ACBM and before re-occupancy: (1) After the requirements of paragraphs (2) through (7) have been completed, a person designated by the local education agency who is certified as a project monitor pursuant to section 11-504-36 shall visually inspect each functional space where the action was conducted to determine whether the action has been properly completed. This visual inspection shall determine if any ACBM dust or debris is present. The person designated to conduct the visual inspection, the date, the area inspected, the response action conducted, and the results of the visual inspection shall be written and included in the management plan with all other documents relating to this response action. If any debris or dust is found, the response action shall not be considered complete; (2) A person designated by the local education agency who is certified as a project monitor pursuant to section 11-504-36 shall collect air samples using aggressive sampling as described in 40 CFR Part 763, Subpart E, Appendix A, as referenced in section 11-502- 3, to monitor air for clearance after each removal, encapsulation, and enclosure project involving ACBM, except for projects that are of small-scale, short duration or contained non-friable ACM that did not become friable during or after the response action. Air sample results must be provided in writing to the designated person before re-occupancy. The location of where these samples were taken must be recorded and kept in the management plan; (3) The local education agency shall have air samples collected pursuant to this section analyzed for asbestos using laboratories registered with the department, as required in section 11-504-19, and accredited by the NVLAP to conduct such analyses using transmission electron microscopy or, under circumstances permitted in this section, laboratories enrolled in an American Industrial Hygiene Association Testing Program for phase contrast microscopy; (4) Except as provided in paragraph (5) and (6) an action to remove, encapsulate, or enclose ACBM shall be considered complete when the average concentration of asbestos of five air samples collected within the affected functional space and analyzed by the transmission electron microscopy method in 40 CFR Part 763, Subpart E, Appendix A, as referenced in section 11-502-3, is not statistically different, as determined by the Z-test calculation found in 40 CFR Part 763, Subpart E, Appendix A, as referenced in section 11-502-3, from the average asbestos concentration of five air samples collected at the same time outside the affected functional space and analyzed in the same manner, and the average asbestos concentration of the three field blanks described in 40 CFR Part 763, Subpart E, Appendix A, is below the filter background level, as defined 40 CFR Part 763, Subpart E, Appendix A, of seventy structures per square millimeter; (5) An action may also be considered complete if the volume of air drawn for each of the five samples collected within the affected functional space is equal to or greater than 1,199 liters of air for a twenty-five millimeter filter or equal to or greater than 2,799 liters of air for a thirty-seven millimeter filter, and the average concentration of asbestos as analyzed by the transmission electron microscopy method in 40 CFR Part 763, Subpart E, Appendix A, as referenced in section 11-502-3, for the five air samples does not exceed the filter background level, as defined in 40 CFR Part 763, Subpart E, Appendix A, of seventy structures per square millimeter. If the average concentration of asbestos of the five air samples within the affected functional space exceeds seventy structures per square millimeter, or if the volume of air in each of the samples is less than 1,199 liters of air for a twenty-five millimeter filter or less than 2,799 liters of air for a thirty- seven millimeter filter, the action shall be considered complete only when the requirements of paragraph (4) or (6) are met; (6) The local education agency may choose to analyze air monitoring samples collected for clearance purposes by phase contrast microscopy, rather than transmission electron microscopy, to confirm completion of removal, repair, encapsulation, or enclosure of ACBM that is of small-scale, short duration. The action shall be considered complete when the results of samples collected in the affected functional space and analyzed by phase contrast microscopy using the NIOSH Method 7400 entitled "Fibers" published in the NIOSH Manual of Analytical Methods, 3rd Edition, Second Supplement, August 1987, show that the concentration of fibers for each of the five samples is less than or equal to a limit of quantification for phase contrast microscopy (0.01 fibers per cubic centimeter of air); and (7) To determine the amount of ACBM affected pursuant to paragraph (6), the local education agency shall add the total square or linear footage of ACBM within the containment barriers used to isolate the functional space for the action to remove, repair, encapsulate, or enclose the ACBM. Contiguous portions of material subject to such action conducted concurrently or at approximately the same time within the same school building shall not be separated to qualify pursuant to paragraph (6). The division of a pre-existing functional space into smaller functional spaces through containments or other methods to reduce the amount of ACBM and avoid more stringent air- clearance requirements is not permitted. [Eff ] (Auth: HRS §321-11(26)) (Imp: 40 CFR Part 763.90)