5 Colo. Code Regs. § 1001-10-B-IV

Current through Register Vol. 47, No. 22, November 25, 2024

Section 5 CCR 1001-10-B-IV - School Requirements

IV.A. Scope and Purpose

The requirements in this section of the regulation mirrors the Asbestos Hazard Emergency Response Act of 1986 (AHERA) (15 U.S.C. 2646) that was enacted to identify, manage and reduce exposure to asbestos in schools.

This section of the regulation requires local education agencies to identify friable and nonfriable asbestos-containing material (ACM) in public and private elementary and secondary schools by visually inspecting school buildings for such materials, sampling such materials if they are not assumed to be ACM, and having samples analyzed by appropriate techniques referred to in this rule. The rule requires local education agencies to submit management plans to the Colorado Department of Public Health and Environment, Air Pollution Control Division by October 12, 1988, or if a deferral is applied for and received from the Division, May 9,1989.

The LEA must begin to implement the plans by July 9, 1989, and complete implementation of the plans in a timely fashion. In addition, local education agencies are required to use persons who have been certified to conduct inspections, reinspections, develop management plans, or perform response actions. The rule also includes recordkeeping requirements. LEAs may contractually delegate their duties under this rule, but they remain responsible for the proper performance of those duties. Local education agencies are encouraged to consult with the EPA Regional Asbestos Coordinator or the Division for assistance in complying with this rule.

IV.A.1. Local education agencies must provide for the transportation of asbestos in accordance with Section III. of this regulation. Disposal of asbestos-containing waste is governed by rules promulgated by the Colorado Board of Health, and implemented by the Department's Hazardous Materials and Waste Management Division.

IV.B. General LEA Responsibilities

Each LEA shall:

IV.B.1. Ensure that the activities of any persons who perform inspections, reinspections, and periodic surveillance, develop and update management plans, and develop and implement response actions, including operations and maintenance, are carried out in accordance with Section IV. of this Regulation Number 8.

IV.B.2. Ensure that all custodial and maintenance employees are properly trained as required by this Section IV. and other applicable Federal and/or State regulations (e.g., the Occupational Safety and Health Administration asbestos standard for construction, and the EPA Worker protection rule.)

IV.B.3. 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, including periodic reinspection and surveillance activities that are planned or in progress.

IV.B.4. 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 regarding the locations of ACBM and suspected ACBM assumed to be ACM. Documentation of these notifications shall become part of the management plan.

IV.B.5. Ensure that warning labels are posted in accordance with Section IV.L. (Warning Labels).

IV.B.6. Ensure that management plans are available for inspection and notification of such availability has been provided as specified in the management plan under Section IV.J. (School Management Plans)

IV.B.7. Designated Person

IV.B.7.a. Designate a person to ensure that requirements under this section are properly implemented.

IV.B.7.b. Ensure that the designated person receives adequate training to perform duties assigned under Section IV.B. Such training shall provide, as necessary, basic knowledge of:

IV.B.7.b.(i) Health effects of asbestos.

IV.B.7.b.(ii) Detection, identification, and assessment of ACM.

IV.B.7.b.(iii) Options for controlling ACM.

IV.B.7.b.(iv) Asbestos management programs.

IV.B.7.b.(v) Relevant Federal and State regulations concerning asbestos, including those in this Commission Regulation Number 8 and those of the Occupational Safety and Health Administration, U.S. Department of Labor, the U.S. Department of Transportation and the U.S. Environmental Protection Agency.

IV.B.8. Consider whether any conflict of interest may arise from the interrelationship among certified personnel and whether that should influence the selection of certified personnel to perform activities under this section.

IV.C. Inspection and Reinspection

IV.C.1. Inspection

IV.C.1.a. Except as provided in Section IV.C.1.b., before October 12, 1988 or by May 9, 1989, if a deferral has been applied for and received from the Division, 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 ACM.

IV.C.1.b. Any building leased or acquired on or after October 12, 1988, that is to be used as a school building shall be inspected as described under Sections IV.C.1.c. and IV.C.1.d. prior to use as a school building. In the event that emergency, use of an uninspected building as a school building is necessitated, such buildings shall be inspected within 30 days after commencement of such use.

IV.C.1.c. Each inspection shall be made by a certified Inspector.

IV.C.1.d. For each area of a school building, except as excluded under Section IV.M. (Exclusions), each person performing an inspection shall:

IV.C.1.d.(i) Visually inspect the area to identify the locations of all suspected ACM.

IV.C.1.d.(ii) Touch all suspected ACM to determine whether they are friable.

IV.C.1.d.(iii) Identify all homogeneous areas of friable suspected ACBM and all homogeneous areas of nonfriable suspected ACM.

IV.C.1.d.(iv) Assume that some or all of the homogeneous areas are ACM, and, for each homogeneous area that is not assumed to be ACM, collect and submit for analysis bulk samples under Sections IV.D. (Sampling) and IV.E. (Analysis).

IV.C.1.d.(v) Assess, under Section IV.F. (Assessment), friable material in areas where samples are collected, friable material in areas that are assumed to be ACM, and friable ACM identified during a previous inspection.

IV.C.1.d.(vi) Record the following and submit to the person designated under Section IV.B. (General LEA Responsibilities) a copy of such record for inclusion in the management plan within 30 days of the inspection:

IV.C.1.d.(vi)(A) An inspection report with the date of the inspection signed by each certified person making the inspection, and his or her certification number.

IV.C.1.d.(vi)(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, homogeneous areas where friable suspected ACBM is assumed to be ACM, and homogeneous areas where nonfriable suspected ACBM is assumed to be ACM.

IV.C.1.d.(vi)(C) A description of the manner used to determine sampling locations, the name and signature of each certified Inspector who collected the samples, and his or her certification number.

IV.C.1.d.(vi)(D) A list of whether the homogeneous areas identified under sub clause IV.C.1.d.(vi)(B) are surfacing material, thermal system insulation, or miscellaneous material.

IV.C.1.d.(vi)(E) Assessments made of friable material, the name and signature of each certified Inspector making the assessment, and his or her certification number.

IV.C.2. Reinspection

IV.C.2.a. At least once every three years after a management plan is in effect, each LEA shall conduct a reinspection of all friable and nonfriable known or assumed ACBM in each school building that they lease, own, or otherwise use as a school building.

IV.C.2.b. Each inspection shall be made by a certified Inspector.

IV.C.2.c. For each area of a school building, each person performing a reinspection shall:

IV.C.2.c.(i) Visually reinspect, and reassess, under Section IV.F. (Assessment) the condition of all friable known or assumed ACBM.

IV.C.2.c.(ii) Visually inspect material that was previously considered nonfriable ACBM and touch the material to determine whether it has become friable since the last inspection or reinspection.

IV.C.2.c.(iii) Identify any homogeneous areas with material that has become friable since the last inspection or reinspection.

IV.C.2.c.(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 Sections IV.D. (Sampling) and IV.E. (Analysis).

IV.C.2.c.(v) Assess, under Section IV.F. (Assessment), the condition of the newly friable material in areas where samples are collected, and newly friable materials in areas that are assumed to be ACBM.

IV.C.2.c.(vi) Reassess, under Section IV.F. (Assessment), the condition of friable known or assumed ACBM previously identified.

IV.C.2.c.(vii) Record the following and submit to the person designated under Section IV.B. (General LEA Responsibilities), a copy of such record for inclusion in the management plan within 30 days of the reinspection:

IV.C.2.c.(vii)(A) The date of the reinspection, the name and signature of the person making the reinspection, his or her certification number, and any changes in the condition of known or assumed ACBM.

IV.C.2.c.(vii)(B) The exact locations where samples are collected during the reinspection, a description of the manner used to determine sampling locations, the name and signature of each certified Inspector who collected the samples, and his or her certification number.

IV.C.2.c.(vii)(C) Any assessments or reassessments made of friable material, the name and signature of the certified Inspector making the assessments, and his or her certification number.

IV.C.3. General

Thermal system insulation that has retained its structural integrity and that has an undamaged protective jacket or wrap that prevents fiber release shall be treated as nonfriable and therefore is subject only to periodic surveillance and preventive measures as necessary.

IV.D. Sampling

IV.D.1. Surfacing Material

A certified Inspector shall collect, in a statistically random manner that is representative of the homogeneous area, bulk samples from each homogeneous area of friable surfacing material that is not assumed to be ACM, and shall collect the samples as follows:

IV.D.1.a. At least three bulk samples shall be collected from each homogeneous area that is 1,000 ft², or less, except as provided in Section IV.E.3.b.

IV.D.1.b. At least five bulk samples shall be collected from each homogeneous area that is greater than 1,000 ft² but less than or equal to 5,000 ft², except as provided in Section IV.E.3.b.

IV.D.1.c. At least seven bulk samples shall be collected from each homogeneous area that is greater than 5,000 ft², except as provided in Section IV.E.3.b.

IV.D.1.d. Sampling of friable surfacing materials should follow the guidance provided in the EPA publication "Simplified Sampling Scheme for Friable Surfacing Materials" (EPA 560/5-85-030a) (1985).

IV.D.2. Thermal System Insulation

IV.D.2.a. Except as provided in Sections IV.D.2.b. through IV.D.2.d., a certified Inspector shall collect, in a randomly distributed manner, at least three bulk samples from each homogeneous area of thermal system insulation that is not assumed to be ACM.

IV.D.2.b. Collect at least one bulk sample from each homogeneous area of patched thermal system insulation that is not assumed to be ACM if the patched section is less than 6 linear or square feet.

IV.D.2.c. In a manner sufficient to determine whether the material is ACM or not ACM, collect bulk samples from each insulated mechanical system that is not assumed to be ACM where cement or plaster is used on fittings such as tees, elbows, or valves, except as provided under Section IV.E.3.b., analysis.

IV.D.2.d. Bulk samples are not required to be collected from any homogeneous area where the certified Inspector has determined that the thermal system insulation is fiberglass, foam glass, rubber, or other non-ACBM.

IV.D.3. Miscellaneous Material

In a manner sufficient to determine whether material is ACM or not ACM, a certified Inspector shall collect bulk samples from each homogeneous area of friable miscellaneous material that is not assumed to be ACM.

IV.D.4. Nonfriable suspected ACBM

If any homogeneous area of nonfriable suspected ACBM is not assumed to be ACM, then a certified Inspector shall collect, in a manner sufficient to determine whether the material is ACM or not ACM, bulk samples from the homogeneous area of nonfriable suspected ACBM that is not assumed to be ACM.

IV.E. Analysis

IV.E.1. Local education agencies shall have bulk samples, collected under Section IV.D. (Sampling) and submitted for analysis, analyzed for asbestos using laboratories accredited by the National Institute of Standards and Technology (NIST). Local education agencies shall use laboratories which have received interim accreditation for polarized light microscopy analysis under the EPA Interim Asbestos Bulk Sample Analysis Quality Assurance Program until the National Institute of Standards and Technology (NIST) PLM laboratory accreditation program for PLM is operational.

IV.E.2. Bulk samples shall not be composited for analysis and shall be analyzed for asbestos content by PLM, using the United States Environmental Protection Agency's August 1994 Method EPA/600/R-93/116J "Method for the Determination of Asbestos in Bulk Building Materials."

IV.E.3. Interpreting Bulk Sample Results

IV.E.3.a. A homogeneous area is considered not to contain ACM only if the results of all samples required to be collected from the area show asbestos in amounts of one percent or less.

IV.E.3.b. A homogeneous area shall be determined to contain ACM based on a finding that the results of at least one sample collected from that area shows that asbestos is present in an amount greater than one percent.

IV.E.4. The name and address of each laboratory performing an analysis, the date of analysis, and the name and signature of the person performing the analysis shall be submitted to the person designated under Section IV.B. (General LEA Responsibilities) for inclusion into the management plan within 30 days of the analysis.

IV.F. Assessment

IV.F.1. [Untitled]

IV.F.1.a. For each inspection and reinspection conducted under Sections IV.C.1. and IV.C.2. (Inspections/Reinspections), and previous inspections specified under Section IV.M. (Exclusions), the LEA shall have a certified Inspector provide a written assessment of all friable known or assumed ACBM in the school building.

IV.F.1.b. Each certified Inspector providing a written assessment shall sign and date the assessment, provide his or her certification number, and submit a copy of the assessment to the person designated under Section IV.B. (General LEA Responsibilities) for inclusion in the management plan within 30 days of the assessment.

IV.F.2. The Inspector shall classify and give reasons in the written assessment for classifying the ACBM and suspected ACBM assumed to be ACM in the school building into one of the following categories:

IV.F.2.a. Damaged or significantly damaged thermal system insulation ACM.

IV.F.2.b. Damaged friable surfacing ACM.

IV.F.2.c. Significantly damaged friable surfacing ACM.

IV.F.2.d. Damaged or significantly damaged friable miscellaneous ACM.

IV.F.2.e. ACBM with potential for damage.

IV.F.2.f. ACBM with potential for significant damage.

IV.F.2.g. Any remaining friable ACBM or friable suspected ACBM.

IV.F.3. Assessment may include the following considerations:

IV.F.3.a. Location and the amount of the material, both in total quantity and as a percentage of the functional space.

IV.F.3.b. Condition of the material, specifying:

IV.F.3.b.(i) Type of damage or significant damage (e.g., flaking, blistering, water damage, or other signs of physical damage).

IV.F.3.b.(ii) Severity of damage (e.g., major flaking, severely torn jackets, as opposed to occasional flaking, minor tears to jackets).

IV.F.3.b.(iii) Extent or spread of damage over large areas or large percentages of the homogeneous area.

IV.F.3.c. Whether the material is accessible.

IV.F.3.d. The material's potential for disturbance.

IV.F.3.e. Known or suspected causes of damage or significant damage (e.g., air erosion, vandalism, vibration, water).

IV.F.3.f. Preventive measures, which might eliminate the reasonable likelihood of undamaged ACM from becoming significantly damaged.

IV.F.3.g. The LEA shall select a person certified to develop management plans to review the results of each inspection, reinspection, and assessment for the school building and to conduct any other necessary activities in order to recommend in writing to the LEA appropriate response actions. The certified person shall sign and date the recommendation, and provide his or her certification number, and submit a copy of the recommendation to the person in the management plan.

IV.G. Response Actions

IV.G.1. The LEA shall select and implement in a timely manner the appropriate response actions in this section consistent with the assessment conducted in Section IV.F. The response actions selected shall be sufficient to protect human health and the environment. The LEA 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 LEA.

IV.G.2. If damaged or significantly damaged thermal system insulation ACM is present in a building, the LEA shall:

IV.G.2.a. At least repair the damaged area.

IV.G.2.b. Remove the damaged material if it is not feasible, due to technological factors, to repair the damage.

IV.G.2.c. Maintain all thermal system insulation ACM and its covering in an intact state and undamaged condition.

IV.G.3. Selecting the Response Action

IV.G.3.a. If damaged friable surfacing ACM or damaged friable miscellaneous ACM is present in a building, the LEA shall select from among the following response actions: encapsulation, enclosure, removal, or repair of the damaged material.

IV.G.3.b. In selecting the response action from among those, which meet the definitional standards in Section IV.I. (Training & Periodic Surveillance) the LEA 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 LEA may then consider local circumstances, including occupancy and use patterns within the school building, and its economic concerns, including short- and long-term costs.

IV.G.4. If significantly damaged friable surfacing ACM or significantly damaged friable miscellaneous ACM is present in a building the LEA shall:

IV.G.4.a. Immediately isolate the functional space and restrict access, unless isolation is not necessary to protect human health and the environment.

IV.G.4.b. Remove the material in the functional space or, depending upon whether enclosure or encapsulation would be sufficient to protect human health and the environment, enclose or encapsulate.

IV.G.5. If any friable surfacing ACM, thermal system insulation ACM, or friable miscellaneous ACM that has potential for damage is present in a building, the LEA shall at least implement an operations and maintenance (O&M) program, as described under Section IV.H. (Operations & Maintenance).

IV.G.6. 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 LEA shall:

IV.G.6.a. Implement an O&M program, as described under Section IV.H. (Operations & Maintenance).

IV.G.6.b. Institute preventive measures appropriate to eliminate the reasonable likelihood that the ACM or its covering will become significantly damaged, deteriorated, or delaminated.

IV.G.6.c. 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 environment. Immediately isolate the area and restrict access if necessary to avoid an imminent and substantial endangerment to human health or the environment.

IV.G.7. 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.

IV.G.8. The requirements of this Section IV. of Regulation Number 8 in no way supersede the Worker Protection and work practice requirements under 29 C.F.R. 1926.58 (Occupational Safety and Health Administration (OSHA 1988) Asbestos, 40 C.F.R. Part 763, Subpart G (EPA 1995) (Asbestos Abatement Projects), and 40 C.F.R. Part 61, Subpart M (EPA 1995) (National Emission Standards for Hazardous Air Pollutants-Asbestos) and Section III. of this regulation.

IV.G.9. Completion of Response Actions.

IV.G.9.a. At the conclusion of any action to remove, encapsulate, or enclose ACBM or material assumed to be ACBM, a person designated by the LEA shall visually inspect each functional space where such action was conducted to determine whether the action has been properly completed.

IV.G.9.b. Collection and Analysis of Air Samples

IV.G.9.b.(i) A person designated by the LEA shall collect air samples using aggressive sampling as described in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995), to monitor air for clearance after each removal enclosure and encapsulation project involving ACBM, except for projects that are less than three square or three linear feet.

IV.G.9.b.(ii) Local education agencies shall have air samples collected under this section analyzed for asbestos using laboratories accredited by the National Bureau of Standards to conduct such analysis using transmission electron microscopy or, under circumstances permitted in this section, laboratories enrolled in the American Industrial Hygiene Association Proficiency Analytical Testing Program for phase contrast microscopy.

IV.G.9.b.(iii) Until the National Bureau of Standards TEM laboratory accreditation program is operational, local educational agencies shall use laboratories that use the protocol described in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995).

IV.G.9.c. Except as provided in Sections IV.G.9.d., IV.G.9.e., IV.G.9.f., or IV.G.9.g. of this subsection, 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 TEM method in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995), is not statistically significantly different, as determined by the Z-test calculation found in Appendix A 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 Appendix A is below the filter background level, as defined in Appendix A, of 70 structures per square millimeter (70 s/mm²).

IV.G.9.d. 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 L of air for a 25mm filter or equal to or greater than 2,799 L of air for a 37 mm filter, and the average concentration of asbestos as analyzed by the TEM method in 40 C.F.R. Part 763, Appendix A to Subpart E (1995), for the five air samples does not exceed the filter background level, as defined in Appendix A, of 70 structures per square millimeter (70 s/mm²). If the average concentration of asbestos of the five air samples within the affected functional space exceeds 70 s/mm², or if the volume of air in each of the samples is less than 1,199 L of air for a 25 mm filter or less than 2,799 L of air for a 37 mm filter, the action shall be considered complete only when the requirements of Sections IV.G.9.c., IV.G.9.e., IV.G.9.f, or IV.G.9.g. of this section are met.

IV.G.9.e. At any time, a LEA may analyze air monitoring samples collected for clearance purposes by phase contrast microscopy to confirm completion of removal, encapsulation, or enclosure of ACBM that is greater than small-scale, short-duration and less than or equal to the trigger levels. 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 National Institute for Occupational Safety and Health (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 PCM (0.01 fibers per cubic centimeter (0.01 f/cm³, 10,000 f/m³) of air). The method is available at the Office of the Air Quality Control Commission.

IV.G.9.f. Until October 7, 1989, a LEA may analyze air-monitoring samples collected for clearance purposes by PCM to confirm completion of removal. encapsulation, or enclosure of ACBM that is less than or equal to 3,000 square feet or 1,000 linear feet. The action shall be considered complete when the results of samples collected in the affected functional space and analyzed by PCM 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 PCM (0.01 fibers per cubic centimeter, 0.01 f/cm³, 10,000 f/m³). The method is available at the Office of the Colorado Air Quality Control Commission.

IV.G.9.g. From October 8, 1989, to October 7, 1990, a LEA may analyze air monitoring samples collected for clearance purposes by PCM to confirm completion of removal, encapsulation, or enclosure of ACBM that is less than or equal to 1,500 square feet or 500 linear feet. The action shall be considered complete when the results of samples collected in the affected functional space and analyzed by PCM 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 PCM (0.01 fibers per cubic centimeter, 0.01 f/cm³, 10,000 f/m³). The method is available at the Office of the Colorado Air Quality Control Commission.

IV.G.9.h. To determine the amount of ACBM affected under Sections IV.G.9.e., IV.G.9.f., or IV.G.9.g. of this subsection, the LEA 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, 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 under Sections IV.G.9.e., IV.G.9.f., or IV.G.9.g. of this subsection.

IV.G.9.i. All monitoring and final visual inspections required under this regulation shall be performed by certified air monitoring specialists independent of the GAC to avoid possible conflict of interest.

IV.H. Operations and Maintenance

IV.H.1. Applicability

The LEA shall implement an operation, maintenance, and repair (O&M) program under 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.

IV.H.2. Cleaning

IV.H.2.a. Initial Cleaning

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 IV.C.1 and before the initiation of any response action, other than O&M activities or repair, according to the following procedures:

IV.H.2.a.(i) HEPA vacuum or steam-clean all carpets.

IV.H.2.a.(ii) HEPA vacuum or wet-clean all other floor and all other horizontal surfaces.

IV.H.2.a.(iii) Dispose of all debris, filters, mop heads, and cloths in sealed, leak-tight containers.

IV.H.2.b. Additional Cleaning

The certified management planner shall make a written recommendation to the LEA whether additional cleaning is needed, and if so, the methods and frequency of such cleaning.

IV.H.3. Operations and Maintenance Activities

The LEA shall ensure that the procedures described to protect building occupants shall be followed for any operations and maintenance activities disturbing friable ACBM.

IV.H.3.a. 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.

IV.H.3.b. Post signs to prevent entry by unauthorized persons.

IV.H.3.c. Shut off or temporarily modify the air-handling system and restrict other sources of air movement.

IV.H.3.d. Use work practices or other controls, such as, wet methods, protective clothing, HEPA vacuums, mini-enclosures, and glovebags, as necessary to inhibit the spread of any released fibers.

IV.H.3.e. Clean all fixtures or other components in the immediate work area.

IV.H.3.f. Place the asbestos debris and other cleaning materials in a sealed, leak-tight container.

IV.H.4. Maintenance Activities Other than Small-Scale, Short-Duration

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.

IV.H.5. Fiber Release Episodes

IV.H.5.a. Minor fiber release episode-The LEA shall ensure that the procedures described are followed in the event of a minor fiber release episode (i.e., the falling or dislodging of 3 square or linear feet or less of friable ACBM):

IV.H.5.a.(i) Thoroughly saturate the debris using wet methods.

IV.H.5.a.(ii) Clean the area, as described in Section IV.H.2. of this section.

IV.H.5.a.(iii) Place the asbestos debris in a sealed, leak-tight container.

IV.H.5.a.(iv) Repair the area of damaged ACM with materials such as asbestos-free spackling, plaster, cement, or insulation, or seal with latex paint or an encapsulant, or immediately have the appropriate response action implemented as required by Section IV.H.3. (Operations & Maintenance).

IV.H.5.b. Major fiber release episode- The LEA shall ensure that the procedures described are followed in the event of a major fiber release episode (i.e., the falling or dislodging of more than 3 square or linear feet of friable ACBM):

IV.H.5.b.(i) Restrict entry into the area and post signs to prevent entry into the area by persons other than those necessary to perform the response action.

IV.H.5.b.(ii) Shut off or temporarily modify the air-handling system to prevent the distribution of fibers to other areas in the building.

IV.H.5.b.(iii) The response action for any major fiber release episode must be designed by persons certified to design response actions and conducted by persons certified to conduct response actions, as specified in Section II.A. (General Requirements).

IV.I. Training and Periodic Surveillance

IV.I.1. Training

IV.I.1.a. The LEA shall ensure, prior to the implementation of the O&M 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 ACBM receive awareness training of at least two hours, whether or not they are required to work with ACBM. New custodial and maintenance employees shall be trained within 60 days after commencement of employment.

Annual refresher training shall be provided and documented in the management plan for the school. Training shall include, but not be limited to:

IV.I.1.a.(i) Information regarding asbestos and its various uses and forms.

IV.I.1.a.(ii) Information on the health effects associated with asbestos exposure.

IV.I.1.a.(iii) Locations of ACBM identified throughout each school building in which they work.

IV.I.1.a.(iv) Recognition of damage, deterioration, and delamination of ACBM.

IV.I.1.a.(v) Name and telephone number of the person designated to carry out general LEA responsibilities under Section IV.B. (General LEA Responsibilities) and the availability and location of the management plan.

IV.I.1.b. The LEA shall ensure that all members of its maintenance and custodial staff who conduct any activities that will result in the disturbance of ACBM shall receive training described in Section IV.I.1.a. and 14 hours of additional training. Annual refresher training shall be provided and documented in the management plan for the school. Additional training shall include, but not be limited to:

IV.I.1.b.(i) Descriptions of the proper methods of handling ACBM.

IV.I.1.b.(ii) Information on the use of respiratory protection as contained in the EPA/NIOSH Guide to Respiratory Protection for the Asbestos Abatement Industry, September 1986 (EPA 560/OPTS-86-001), available from the office of the Colorado Air Quality Control Commission, and other personal protection measures.

IV.I.1.b.(iii) The provisions of Section IV. and Appendices A, B, C, and D of 52 Federal Register 41857-41898 (October 30,1987), EPA regulations contained in 40 C.F.R. Part 763, Subpart G, and in 40 C.F.R. Part 61, Subpart M, and QSHA regulations contained in 29 C.F.R. 1926.1101.

IV.I.1.b.(iv) Hands-on training in the use of respiratory protection, other personal protection measures, and good work practices.

IV.I.1.c. LEA maintenance and custodial staff who have attended EPA-approved asbestos training or received equivalent training for Q&M and periodic surveillance activities involving asbestos shall be considered trained for the purposes of this section.

IV.I.2. Periodic Surveillance

IV.I.2.a. At least once every six months after a management plan is in effect, each LEA shall conduct periodic surveillance in each building that it leases, owns, or otherwise uses as a school building that contains ACBM or is assumed to contain ACBM.

IV.I.2.b. Each person performing periodic surveillance shall:

IV.I.2.b.(i) Visually inspect all areas that are identified in the management plan as ACBM or assumed ACBM.

IV.I.2.b.(ii) Record the date of the surveillance, his or her name, and any changes in the condition of the materials.

IV.I.2.b.(iii) Submit to the person designated to carry out general LEA responsibilities under Section IV.B. (General LEA Responsibilities) a copy of such record for inclusion in the management plan.

IV.J. School Management Plans

IV.J.1. Submittal of Management Plans

IV.J.1.a. On or before October 12, 1988, or by May 9, 1989, if the LEA has applied for and received a deferral from the Division each LEA shall develop an asbestos management plan for each school, including all buildings that they lease, own, or otherwise use as school buildings, and submit the plan in the form specified by the Division. The plan may be submitted in stages that cover a portion of the school buildings under the authority of the LEA. The fee for Division review of management plans will be $45.00.

IV.J.1.b. If a building to be used as part of a school is leased or otherwise acquired after October 12, 1988, the LEA shall include the new building in the management plan for the school prior to its use as a school building. The revised portions of the management plan shall be submitted to the Division.

IV.J.1.c. If a LEA begins to use a building as a school after October 12, 1988, the LEA shall submit a management plan for the school to the Division prior to its use as a school.

IV.J.2. If the Division does not disapprove a management plan within 90 days after receipt of the plan, the LEA shall implement the plan.

IV.J.3. Each LEA must begin implementation of its management plan on or before July 9, 1989, and complete implementation in a timely fashion.

IV.J.4. Each LEA shall maintain and update its management plan to keep it current with ongoing operations and maintenance, periodic surveillance, inspection, reinspection, and response action activities. All provisions required to be included in the management plan under this section shall be retained as part of the management plan, as well as any information that has been revised to bring the plan up-to-date.

IV.J.5. The Management plan shall be developed by a certified management planner and shall include:

IV.J.5.a. A list of the name and address of each school building and whether the school building contains friable ACBM, nonfriable, ACBM, or friable and nonfriable suspected ACBM assumed to be ACM.

IV.J.5.b. For each inspection conducted before December 14, 1987:

IV.J.5.b.(i) The date of the inspection.

IV.J.5.b.(ii) A blueprint, diagram, or written description of each school building that identifies clearly each location and approximate square or linear footage of any homogeneous or sampling area where material was sampled for ACM, and, if possible, the exact locations where bulk samples were collected, and the dates of collection.

IV.J.5.b.(iii) A copy of the analyses of any bulk samples, dates of analyses, and a copy of any other laboratory reports pertaining to the analyses.

IV.J.5.b.(iv) A description of any response actions or preventive measures taken to reduce asbestos exposure, including if possible, the names and addresses of all contractors involved, start and completion dates of the work, and results of any air samples analyzed during and upon completion of the work.

IV.J.5.b.(v) A description of assessments, required to be made under Section IV.F. of material that was identified before December 14, 1987, as friable ACBM or friable suspected ACBM assumed to be ACM, arid the name and signature, and Colorado certification number of each certified person making the assessments.

IV.J.5.c. For each inspection and reinspection conducted under Section IV.C. (Inspections & Reinspections):

IV.J.5.c.(i) The date of the inspection or reinspection and the name and signature, and the Colorado certification number of each certified Inspector performing the inspection or reinspection.

IV.J.5.c.(ii) A blueprint, diagram, or written description of each school building that identifies clearly each location and approximate square or linear footage of homogeneous areas where material was sampled for ACM, the exact location where each bulk sample was collected, date of collection, homogeneous areas where friable suspected ACBM is assumed to be ACM, and where nonfriable suspected ACBM is assumed to be ACM.

IV.J.5.c.(iii) A description of the manner used to determine sampling locations, and the name and signature of each certified Inspector collecting samples, and his or her Colorado certification number.

IV.J.5.c.(iv) A copy of the analyses of any bulk samples collected and analyzed, the name and address of any laboratory that analyzed bulk samples, a statement that the laboratory meets the. applicable requirements of Section IV.E.1., the date of analysis, and the name and signature of the person performing the analysis.

IV.J.5.c.(v) A description of assessments, required to be made under Section IV.F. (Assessment), of all ACBM and suspected ACBM assumed to be ACM, and the name, signature, and Colorado certification number of each person making the assessments.

IV.J.5.d. The name, address, and telephone number of the person designated under Section IV.B. (General LEA Responsibilities) to ensure that the duties of the LEA are carried out, and the course name, and dates and hours of training taken by that person to carry out the duties.

IV.J.5.e. The recommendations made to the LEA regarding response actions, under Section IV.F. (Assessment), the name, signature, and his or her Colorado certification number.

IV.J.5.f. A detailed description of preventive measures and response actions to be taken, including methods to be used, for any friable ACBM, the locations where such measures and action will be taken, reasons for selecting the response action or preventive measure, and a schedule for beginning and completing each preventive measure and response action.

IV.J.5.g. A signed statement that the individual is certified under this Regulation Number 8 from each individual who inspects for ACBM or who will design or carry out response actions, except for operations and maintenance.

IV.J.5.h. A detailed description in the form of a blueprint, diagram, or in writing of any ACBM or suspected ACBM assumed to be ACM which remains in the school once response actions are undertaken pursuant to Section IV.G. (Response Actions). This description shall be updated as response actions are completed.

IVJ.5.i. A plan for reinspection under Section IV.C. (Inspections & Reinspections) and a plan for operations and maintenance activities under Section IV.H. (Operations & Maintenance), and a plan for periodic surveillance under Section IV.I. (Training & Periodic Surveillance), a description of the recommendation made by the management planner regarding additional cleaning under Section IV.H.2.b. (Additional Cleaning) as part of an operations and maintenance program, and the response of the LEA to that recommendation.

IV.J.5.j. A description of steps taken to inform Workers and building occupants, or their legal guardians, about inspections, reinspections, response actions, and post-response action activities that are planned or in progress.

IV.J.5.k. An evaluation of the resources needed to complete response actions successfully and carry out reinspection, operations and maintenance activities, periodic surveillance and training.

IV.J.5.l. The name of each consultant who contributed to the management plan, and a statement from each such consultant that the consultant is certified under Colorado State law, and a statement that the person is accredited by an EPA approved course (specify course title and sponsor) under Section 206(c) of the Title II of TSCA.

IV.J.6. A LEA may require each management plan to contain a statement signed by a certified management plan developer that such plan is in compliance with this Section IV. (School Requirements). Such statement may not be signed by a person who, in addition to preparing or assisting in preparing the management plan, also implements (or will implement) the management plan.

IV.J.7. Availability of Management Plan

IV.J.7.a. Upon submission of a management plan to the Division, a LEA shall keep a copy of the plan in its administrative office. The management plans shall be available, without cost or restriction, for inspection by representatives of EPA and the Division, the public, including teachers, other school personnel and their representatives, and parents. The LEA may charge a reasonable cost to make copies of management plans.

IV.J.7.b. Each LEA shall maintain in its administrative office a complete, updated copy of a management plan for each school under its administrative control or direction. The management plans shall be available, during normal business hours, without cost or restriction, for inspection by representatives of EPA and the Division, the public, including teachers, other school personnel and their representatives, and parents. The LEA may charge a reasonable cost to make copies of management plans.

IV.J.7.c. Each school shall maintain in its administrative office a complete, updated copy of the management plan for that school. Management plans shall be available for inspection, without cost or restriction, to Workers before work begins in any area of a school building. The school shall make management plans available for inspection to representatives of EPA and the Division, the public, including parents, teachers, and other school personnel and their representatives within five working days after receiving a request for inspection. The school may charge a reasonable cost to make copies of the management plan.

IV.J.7.d. Upon submission of its management plan to the Division and at least once each school year, the LEA shall notify in writing parent, teacher, and employee organizations of the availability of management plans and shall include in the management plan a description of the steps taken to notify such organizations, and a dated copy of the notification. In the absence of any such employees, the LEA shall provide written notice to that relevant group of the availability of the management plan, a description of the steps taken to notify such groups and a dated copy of the notification.

IV.J.8. Records required under Section IV.K. (Recordkeeping) shall be made by local education agencies and maintained as part of the management plan.

IV.J.9. Each management plan must contain a true and correct statement, signed by the individual designated by the LEA under Section IV.B. (General LEA Responsibilities) which certifies that the general, LEA responsibilities, as stipulated by Section IV.B. (General LEA Responsibilities), have been met or will be met.

IV.K. Recordkeeping

IV.K.1. Records required under this section shall be maintained in a centralized location in the administrative office of both the school and the LEA as part of the management plan. For each homogeneous area where all ACBM has been removed, the LEA shall ensure that such records are retained for three years after the next reinspection required under Section IV.C.2.a. or for an equivalent period.

IV.K.2. For each preventive measure and response action taken for friable and nonfriable suspected ACBM assumed to be ACM, the LEA shall provide:

IV.K.2.a. A detailed written description of the measure or action, including methods used, the location where the measure or action was taken, reasons for selecting the measure or action, start and completion dates of the work, names and addresses of all contractors involved and Colorado Certification numbers, and if ACBM is removed, the name and location of storage or disposal site of the ACM.

IV.K.2.b. The name and signature of any person collecting any air sample required to be collected at the completion of certain response actions specified by Section IV.G.9., the locations where samples were collected, date of collection, the name and address of the laboratory analyzing the samples, the date of analysis, the results of the analysis, the method of analysis, the name and signature of the person performing the analysis, and a statement that the laboratory meets the applicable requirements of clause IV.G.9.b.(ii).

IV.K.3. For each person required to be trained under Section IV.I.1.a. or b., the LEA shall provide the person's name and job title, the date that training was completed by that person, the location of the training, and the number of hours completed in such training.

IV.K.4. For each time that periodic surveillance under Section IV.I.2.a. is performed, the LEA shall record the name of each person performing the surveillance, the date of surveillance and any changes in the conditions of the materials.

IV.K.5. For each time that cleaning under Section IV.H.2. (Cleaning) is performed, the LEA shall record the name of each person performing the cleaning, the date of such cleaning, the locations cleaned, and the methods used to perform such cleaning.

IV.K.6. For each time that operations and maintenance activities under Section IV.H.3. (Operations & Maintenance Activities.) are performed, the LEA shall record the name of each person performing the activity, the start and completion dates of the activity, the locations where such activity occurred, a description of the activity including preventive measures used, and if ACBM is removed, the name and location of storage or disposal site of the ACM.

IV.K.7. For each time that major asbestos activity under Section IV.H.4. (Maintenance Activities) is performed the LEA shall provide the name and signature, and the Colorado Certification number of each person performing the activity, the start and completion dates of the activity, the locations where such activity occurred, a description of the activity including preventive measures used, and if ACBM is removed, the name and location of storage or disposal site of the ACM.

IV.K.8. For each fiber release episode under Section IV.H.5. (Fiber Release Activities) the LEA shall provide the date and location of the episode, the method of repair, preventive measures or response action taken, the name of each person performing the work, and if ACBM is removed, the name and location of storage or disposal site of the ACM.

IV.L. Warning Labels

The LEA shall attach a warning label immediately adjacent to any friable and nonfriable ACBM and suspected ACBM assumed to be ACM located in routine maintenance areas (such as boiler rooms) at each school building. This shall include:

IV.L.1. Friable ACBM that was responded to by a means other than removal.

IV.L.2. ACBM for which no response action was carried out.

IV.L.3. All labels shall be prominently displayed in readily visible locations and shall remain posted until the ACBM that is labeled is removed.

IV.L.4. The warning label shall read, in print which is readily visible because of large size or bright color, as follows: CAUTION: ASBESTOS. HAZARDOUS. DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT.

IV.M. Exclusions

IV.M.1. A LEA shall not be required to perform an inspection under Section IV.C.1. (Inspections) in any sampling area or homogeneous area of a school building where:

IV.M.1.a. A certified Inspector has determined that, based on sampling records, friable ACBM was identified in that homogeneous or sampling area during an inspection conducted before December 14, 1987. The Inspector shall sign and date a statement to that effect with his or her Colorado Certification number and, within 30 days after such determination, submit a copy of the statement to the person designated under Section IV.B. (General LEA Responsibilities) for inclusion in the management plan. However, a certified Inspector shall assess the friable ACBM under Section IV.F. (Assessment).

IV.M.1.b. A certified Inspector has determined that, based on sampling records, nonfriable ACBM was identified in that homogeneous or sampling area during an inspection conducted before December 14, 1987. The Inspector shall sign and date a statement to that effect with his or her certification number and, within 30 days after such determination, submit a copy of the statement to the person designated under Section IV.B. (General LEA Responsibilities) for inclusion in the management plan. However, a certified Inspector shall identify whether material that was nonfriable has become friable since that previous inspection and shall assess the newly friable ACBM under Section IV.F. (Assessment).

IV.M.1.c. Based on sampling records and inspection records, a certified Inspector has determined that no ACBM is present in the homogeneous or sampling area and the records show that the area was sampled, before December 14, 1987 in substantial compliance with Section IV.C.1. (Inspections) that for purposes of this section means in a random manner and with a sufficient number of samples to reasonably ensure that the area is not ACBM.

IV.M.1.c.(i) The certified Inspector shall sign and date a statement, with his or her certification number that the homogeneous or sampling area determined not to be ACBM was sampled in substantial compliance with Section IV.C.1. (Inspections).

IV.M.1.c.(ii) Within 30 days after the Inspector's determination, the LEA shall submit a copy of the Inspector's statement to the Division and shall include the statement in the management plan for that school.

IV.M.1.d. The Division has determined that, based on sampling records and inspection records, no ACBM is present in the homogeneous or sampling area and the records show that the area was sampled before December 14, 1987, in substantial compliance with Section IV.C.1. (Inspections). Such determination shall be included in the management plan for that school.

IV.M.1.e. A certified Inspector has determined that, based on records of an inspection conducted before December 14, 1987, suspected ACBM identified in that homogeneous or sampling area is assumed to be ACM. The Inspector shall sign and date a statement to that effect, with his or her State of Colorado Certification number and, within 30 days of such determination, submit a copy of the statement to the person designated under Section IV.B. (General LEA Responsibilities) for inclusion in the management plan. However, a certified Inspector shall identify whether material that was nonfriable suspected ACBM assumed to be ACM has become friable since the previous inspection and shall assess the newly friable material and previously identified friable suspected ACBM assumed to be ACM under Section IV.F. (Assessment).

IV.M.1.f. Based on inspection records and contractor and clearance records, a certified Inspector has determined that no ACBM is present in the homogeneous or sampling area where asbestos removal operations have been conducted before December 14, 1987, and shall sign and date a statement to that effect and include his or her State of Colorado Certification number. The LEA shall submit a copy of the statement to the Division and shall include the statement in the management plan for that school.

IV.M.1.g. An architect or project engineer responsible for the construction of a new school building built after October 12, 1988, or a certified Inspector signs a statement that no ACBM was specified as a building material in any construction document for the building, or, to the best of his or her knowledge, no ACBM was used as a building material in the building. The LEA shall submit a copy of the signed statement of the architect, project engineer, or certified Inspector to the Division and shall include the statement in the management plan for that school.

IV.M.2. The exclusion, under Sections IV.M.1.a. through IV.M.1.d. of this subsection, from conducting the inspection under Section IV.C.1. (Inspections) shall apply only to homogeneous or sampling areas of a school building that were inspected and sampled before October 17, 1987. The LEA shall conduct an inspection under Section IV.C.1. (Inspections) of all areas inspected before October 17, 1987 that were not sampled or were not assumed to be ACM.

IV.M.3. If ACBM is subsequently found in a homogeneous or sampling area of a LEA local education agency that had been identified as receiving an exclusion by a certified Inspector under Sections IV.M.1.c., d., and e., of this section, or an architect, project engineer or certified Inspector under Section IV.M.1.g. of this section, the LEA shall have 180 days following the date of identification of ACBM to comply with this Section IV. (School Requirements).

5 CCR 1001-10-B-IV

37 CR 18, September 25, 2014, effective 10/15/2014

38 CR 05, March 10, 2015, effective 3/30/2015

38 CR 18, September 25, 2015, effective 10/15/2015

39 CR 18, September 25, 2016, effective 10/15/2016

40 CR 12, June 25, 2017, effective 7/15/2017

41 CR 11, June 10, 2018, effective 6/30/2018

42 CR 16, August 25, 2019, effective 9/14/2019

43 CR 03, February 10, 2020, effective 1/16/2020

43 CR 03, February 10, 2020, effective 3/1/2020

43 CR 12, June 25, 2020, effective 7/15/2020

44 CR 04, February 25, 2021, effective 3/17/2021

44 CR 12, June 25, 2021, effective 7/15/2021

45 CR 12, June 25, 2022, effective 7/15/2022

46 CR 12, June 25, 2023, effective 7/15/2023

47 CR 12, June 25, 2024, effective 7/15/2024