AUTHORITY: Authorized by and implementing the Asbestos Abatement Act [105 ILCS 105] and the Commercial and Public Building Asbestos Abatement Act [225 ILCS 207].

SOURCE: Adopted at 9 Ill. Reg. 19052, effective November 29, 1985; amended at 10 Ill. Reg. 14800, effective September 12, 1986; emergency amendments at 12 Ill. Reg. 4357, effective February 5, 1988, for a maximum of 150 days; emergency expired July 4, 1988; amended at 13 Ill. Reg. 2768, effective February 16, 1989; amended at 13 Ill. Reg. 17029, effective November 1, 1989; emergency amendments at 14 Ill. Reg. 335, effective January 1, 1990, for a maximum of 150 days; emergency expired May 30, 1990; amended at 14 Ill. Reg. 172, effective July 20, 1990; old Part repealed, new Part adopted at 23 Ill. Reg. 4010, effective March 12, 1999; emergency amendment at 44 Ill. Reg. 6136, effective March 31, 2020, for a maximum of 150 days; emergency expired August 27, 2020.

SUBPART A: GENERAL PROVISIONS

 

Section 855.5  Applicability

 

a)         Subparts A, B, and C contain incorporated materials, definitions, variance procedures, requirements of licensure, training course approval provisions, and responsibilities of licensed persons.  These three Subparts apply to asbestos abatement project activities in commercial and public buildings and schools, except as noted in specific Sections.

 

b)         Subpart D of this Part contains notification requirements and work practices and controls applicable to asbestos abatement project activities performed in commercial and public buildings, except as specified in Subpart D, in accordance with the Commercial and Public Building Asbestos Abatement Act [225 ILCS 207] and federal requirements.

 

c)         Subpart E and Appendices  A and B contain requirements applicable to Local Educational Agencies, and planning and notification requirements, and work practices and controls applicable to asbestos abatement project activities performed in public and private schools, in accordance with the Asbestos Abatement Act [105 ILCS 105] and federal requirements.

 

d)         Subpart F contains provisions for the issuance of fines and penalties, procedures governing administrative hearings for violations of applicable laws or this Part, and provisions for stop work orders applicable to all asbestos abatement project activities performed in Illinois.

 

e)         Notwithstanding any other provision of Part 855, the asbestos requirements established by USEPA and OSHA and incorporated by reference in Section 855.10(a) of this Part shall govern the repair, maintenance, and removal of nonfriable resilient floor covering materials and persons designing, planning, contracting, supervising and/or performing such activities and related inspections.  The notification requirements set forth in Sections 855.220(a) and (b) and 855.330(c) shall apply to such removals as applicable.

 

Section 855.10  Incorporation by Reference-Federal Regulations and Other Standards

 

The following regulations and standards are incorporated in this Part:

 

a)         Regulations and guidelines of federal agencies:

 

1)         Occupational Safety and Health Administration, U.S. Department of Labor (OSHA), Occupational Safety and Health Standards - Asbestos; 29 CFR 1910.1001 (July 1, 1997).

 

2)         OSHA, Occupational Safety and Health Standards - Respiratory Protection; 29 CFR 1910.134 (July 1, 1997).

 

3)         Environmental Protection Agency, National Emission Standards for Hazardous Air Pollutants; 40 CFR 61 Subpart A (General Provisions) and Subpart M (National Emission Standards for Asbestos) (July 1, 1997).

 

4)         USEPA, Asbestos; 40 CFR 763 - 40 CFR 763 Final Rule Effective December 14, 1987.

 

5)         OSHA, Safety and Health Regulations for Construction - Asbestos; 29 CFR 1926.1101, Final Rule Effective October 11, 1994.

 

6)         USEPA, Asbestos; 40 CFR 763, Appendix C to Subpart E (Asbestos Model Accreditation Plan), revised April 4, 1994.

 

7)         Guidance for Controlling Asbestos-Containing Materials in Buildings, Appendix J, EPA Report No. 560/5-85-024 (1985).

 

8)         U.S. Environmental Protection Agency, Electron Microscope Measurement of Airborne Asbestos Concentrations, Report No. 600/2-77-178 (1978).

 

9)         U.S. Environmental Protection Agency, Methodology for the Measurement of Airborne Asbestos by Electron Microscopy, Contract No. 68-02-3266 (1984).

 

10)       National Institute of Occupational Safety and Health, Certified NIOSH Equipment List, Department of Health and Human Services Publication Number 92-101 (1991).  Contract No. 68-02-3266 (1984).

 

b)         Standards of nationally recognized organizations:

 

1)         National Electrical Code, 1993 Ed., National Fire Protection Association, Quincy, Mass.  02269.

 

2)         Compressed Gas Association Commodity Specification, G-7.1 (1966).

 

3)         American National Standard Practices for Respiratory Protection, ANSI Z88.2 (1980).

 

4)         American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2 (1991).

 

5)         National Institute of Occupational Safety and Health, Manual of Analytical Methods (Method 7400 - 1984).

 

c)         All incorporations by reference of federal regulations and the standards of nationally recognized organizations refer to the regulations and standards on the date specified and do not include any additions or deletions subsequent to the date specified.

 

d)         All citations to federal regulations in this Part concern the specified regulation in the 1997 Code of Federal Regulations, unless another date is specified.

 

Section 855.20  Definitions

 

            "Abatement" means removal, encapsulation, enclosure and repair of asbestos-containing building materials.

 

            "Aggressive Sampling" means a method of sampling in which the person collecting the air sample creates activity during the sampling period to stir up settled dust and simulate the activity of that area of the building.

 

            "AHERA" means the Federal Asbestos Hazard Emergency Response Act, 40 CFR Part 763, Subpart E.

 

            "Air Sampling" means the process of measuring the fiber content of a known volume of air collected during a specific period of time.

 

            "Air Sampling Professional" means the professional contracted or employed by the building owner to conduct air sampling.

 

            "Airlock" means a system for permitting entrance and exit with minimum air movement between a contaminated area and an uncontaminated area, consisting of two curtained doorways separated by a distance of at least three feet such that one passes through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway, thereby preventing flow-through contamination.

 

            "Amended Water" means water to which a surfactant has been added to improve penetration and reduce fiber release.

 

            "ANSI" means the American National Standards Institute, 1430 Broadway, New York, New York 10018.

 

            "Area Air Sampling" means any form of air sampling or monitoring where the sampling device is placed at some stationary location.

 

            "F4Asbestos" means the abestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthrophyllite, and actinolite.F2 (Section 15 of the Commercial and Public Building Asbestos Abatement Act and Section 3 of the Asbestos Abatement Act)

 

            "F4Asbestos Abatement Contractor" means any entity that provides removal, enclosure, or encapsulation, or disposal of asbestos containing materials.F2 (Section 15 of the Commercial and Public Building Asbestos Abatement Act)

 

            "F4Asbestos Containing Building Materials" or "ACBM" means surfacing asbestos containing material or ACM, thermal system insulation ACM or miscellaneous ACM that is found in or on interior structural members or other parts of a school building.F2 (Section 15 of the Commercial and Public Building Asbestos Abatement Act and Section 3 of the Asbestos Abatement Act)

 

            "F4Asbestos Inspector" means an individual licensed by the Department to perform inspections of schoolsF2 or commercial or public buildings F4for the presence of asbestos containing materials.F2 (Section 3(w) of the Asbestos Abatement Act)

 

            "F4Asbestos Materials" means any material or product that contains more than 1% asbestos.F2 (Section 15 of the Commercial and Public Building Asbestos Abatement Act)

 

            "F4Asbestos Supervisor" meansF2 a licensed F4asbestos abatement contractor, foreman, or person designated as the asbestos abatement contractor's representative who is responsible for the onsite supervision of the removal, encapsulation, or enclosure of friable or nonfriable asbestos-containing materials in a commercial or public building.F2 (Section 15 of the Commercial and Public Building Asbestos Abatement Act)

 

            "F4Asbestos Worker" means an individual who cleans, removes, encapsulates, encloses, hauls, or disposes of friable asbestos materials.F2 (Section 15 of the Commercial and Public Building Asbestos Abatement Act)

 

            "Asbestos-Containing Waste Material" means asbestos-containing material or asbestos-contaminated objects requiring disposal pursuant to Section 855.475.

 

            "Asbestos Professional" means an individual who is licensed by the Department to perform duties of contractor, inspector, management planner, project designer, project manager, project supervisor, or air sampling professional, as applicable.

 

            "ASTM" means the American Society For Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.

 

            "Authorized Visitor" means the building owner, or a person designated by the building owner, and any representative of a regulatory or other agency having jurisdiction over the project.

 

            "Background Level Monitoring" means a method used to determine airborne fiber concentrations inside and outside the work area prior to starting an asbestos abatement project.

 

            "Building Owner" means the person in whom legal title to the premises is vested unless the premises are held in land trust, in which instance the building owner means the person in whom beneficial title is vested.

 

            "Certified Industrial Hygienist (C.I.H.)" means an industrial hygienist certified by the American Board of Industrial Hygiene.

 

            "Clean Room" means an uncontaminated area or room which is a part of the worker decontamination enclosure with provisions for storage of workers' street clothes and protective equipment.

 

            "Clearance Air Monitoring" means the employment of aggressive sampling techniques with a volume of air collected to determine the airborne concentration of residual fibers upon conclusion of an asbestos abatement project.

 

            "F4Commercial or Public Building" means the interior space of any building, except that the term does not include any residential apartment building of fewer than 10 units or detached single family homes.  The term includes, but is not limited to:  industrial and office buildings, residential apartment buildings and condominiums of 10 or more dwelling units, government-owned buildings, colleges, museums, airports, hospitals, churches, schools, preschools, stores, warehouses, and factories.  Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space.F2 (Section 15 of the Commercial and Public Building Asbestos Abatement Act)

 

            "Contained Area" means an enclosed work area in a building where negative air pressure and HEPA filtration are used to contain airborne asbestos fibers during removal, enclosure or encapsulation of ACBM during an asbestos abatement project.

 

            "Critical Barrier" means one or more layers of plastic sealed over all openings into a work area or any other similarly placed physical barrier sufficient to prevent airborne asbestos in a work area from migrating to an adjacent area.

 

            "Curtained Doorway" means a device which consists of at least three overlapping sheets of plastic over an existing or temporarily framed doorway. One sheet shall be secured at the top and left side, the second sheet at the top and right side, and the third sheet at the top and left side. All sheets shall have weights attached to the bottom to insure that the sheets hang straight and maintain a seal over the doorway when not in use.

 

            "Decontamination Enclosure System" means a series of connected rooms, separated from each other by air locks, used for the decontamination of workers, materials and equipment.

 

            "Department" or "IDPH" means the Illinois Department of Public Health.

 

            "Designated Person" means a person designated by the local education agency to ensure that the management plan has been properly implemented.

 

            "Emergency Abatement Operations" means an asbestos abatement operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or is necessary to protect equipment from damage.  This includes operations necessitated by nonroutine failure of equipment.

 

            "Encapsulant (sealant)" means a liquid material which can be applied to asbestos-containing building material and which temporarily controls the possible release of asbestos fibers from the material, either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together (penetrating encapsulant).

 

            "F4Encapsulation" means the treatment of ACBM with a material that surrounds or embeds asbestos fibers in an adhesive matrix that prevents the release of fibers as the encapsulant creates a membrane over the surfaces (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).F2 (Section 15 of the Commercial and Public Building Asbestos Abatement Act and Section 3 of the Asbestos Abatement Act)

 

            "F4Enclosure" means the construction of airtight,F2 impervious, permanent F4walls and ceilings between the asbestos containing material and the educational facilityF2 or building F4environment, or around surfaces coated with asbestos containing materials, or any other appropriate scientific procedure as determined by the Department that prevents the release of asbestos.F2 (Section 3(k) of the Asbestos Abatement Act)

 

            "Equipment Decontamination Enclosure" means that portion of a decontamination enclosure system designed for the controlled transfer of materials and equipment, consisting of a wash room and a holding area.

 

            "Equipment Room" means a contaminated area or room which is part of the worker decontamination enclosure system with provisions for the storage of contaminated clothing and equipment.

 

            "Fixed Object" means a unit of equipment or furniture in the work area which cannot be removed from the work area.

 

            F4"Friable" when referring to material in a school buildingF2 or a commercial or public building F4means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously nonfriable materials after such previously nonfriable material becomes damaged to the extent that, when dry, it may be crumbled, pulverized, or reduced to powder by hand pressureF2.  The term includes nonfriable asbestos-containing materials which will be subjected to sanding, grinding, cutting, abrading, drilling, chipping, pulverizing, or other procedures likely to reduce these materials to a powder or cause asbestos fibers to become airborne.  (Section 3(g) of the Asbestos Abatement Act)

 

            "Glovebag" means a manufactured device consisting of a plastic bag (constructed of six-mil transparent plastic or equivalent), two inward-projecting longsleeve rubber gloves, one inward-projecting waterwand sleeve, an internal tool pouch, and an attached, labeled receptacle for asbestos waste.  The glovebag is constructed and installed in such a manner that it surrounds the object or area to be decontaminated and contains all asbestos fibers released during the removal process.

 

            "Glovebag Technique" means a method for removing friable asbestos-containing building material from heating, ventilation, air conditioning (HVAC) ducts, short piping runs, valves, joints, elbows, and other nonplanar surfaces.

 

            "HEPA" means high efficiency particulate air.

 

            "HEPA Filter" means a high efficiency particulate air filter capable of trapping and retaining 99.97 percent of particles (asbestos fibers) greater than 0.3 micrometers in mass median aerodynamic equivalent diameter, with an efficiency designation of 100 under NIOSH, 42 CFR 84, Respiratory Protective Devices.

 

            "HEPA Vacuum Equipment" means vacuuming equipment with a high efficiency particulate air filter system.

 

            "Holding Area" means an area in the equipment decontamination enclosure located between the wash room and an uncontaminated area.

 

            "Homogeneous Area" means a substance that is uniform in structure and composition throughout which comprises a unique sample area (e.g., boiler insulation is a separate sample area, pipe joint insulation is a separate sample area, corrugated pipe insulation is a separate sample area).

 

            "Industrial Building" means those portions of a building (such as a factory or warehouse) primarily used in manufacturing or technically productive enterprises, not generally or typically accessible to persons other than workers, and used primarily in the production of power, the manufacture of products, the mining of raw materials, and/or the storage of such products or raw materials.

 

            "F4Inspection" means an activity undertaken in a public or commercial building to determine the presence or location, or to assess the condition of, friable or nonfriable asbestos containing building material (ACBM) or suspected ACBM, whether by visual or physical examination, or by collecting samples of such material.F2 (Section 15 of the Commercial and Public Building Asbestos Abatement Act)

 

            "F4Local Educational Agency"F2 or F4"LEA" means:F2

 

            F4Any local education agency as defined in Section 198 of the Elementary and Secondary Education Act of 1965 (20 USC 3381).F2

 

            F4The owner of any nonpublic, nonprofit elementary or secondary school building.F2

 

            F4The governing authority of any school operated under the Defense Dependents' Education System provided for under the Defense Department's Education Act of 1978 (20 USC 921, et seq.).F2 (Section 3(d)(1), (2), and (3) of the Asbestos Abatement Act)

 

            "F4Management Plan" means a plan developed for a local educational agency for the management of asbestos in its school buildings pursuant to the federal Asbestos Hazard Emergency Response Act of 1986F2 F4[15 USC Section 2601 et seq.]F2 F4and the regulations promulgated thereunder.F2 (Section 3(t) of the Asbestos Abatement Act)

 

            "F4Management Planner" means an individual licensed by the Department to prepare management plans.F2 (Section 3(u) of the Asbestos Abatement Act)

 

            "Mini-Containment Area" means a contained area in which glovebag procedures are conducted.

 

            "Movable Object" means a unit of equipment or furniture in the work area which can be removed from the work area.

 

            "Negative Air Pressure Equipment" means a portable local exhaust system equipped with HEPA filtration.  The system shall be capable of maintaining a constant, low velocity airflow from contaminated areas into adjacent uncontaminated areas, creating a negative pressure differential between the outside and inside of the work area.

 

            "NESHAP" means the National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61).

 

            "NIOSH" means the National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention (CDC) - NIOSH, Building J N.E., Room 3007, Atlanta, GA 30333.

 

            F4"Nonfriable" means material in a school buildingF2 or commercial or public building F4which, when dry, may not be crumbled, pulverized, or reduced to powder by hand  pressureF2.  (Section 3(s) of the Asbestos Abatement Act)

 

            "Operations and Maintenance" means a program of work practices to maintain friable and nonfriable ACBM in good condition, ensure clean up of asbestos fibers previously released, and prevent further release by minimizing and controlling friable ACBM disturbance or damage.

 

            "OSHA" means the Occupational Safety and Health Administration, 200 Constitution Avenue, Washington, DC 20210.

 

            "Outside Air" means the air outside the work area.

 

            "Person" means any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name, asbestos professional, asbestos worker, public school district, private school or any other entity.

 

            "Personal Air Monitoring" means a method used to determine employees' exposure to airborne fibers.  The sample is collected outside the respirator in the worker's breathing zone.  This form of sampling is required by the OSHA asbestos standards  (29 CFR 1910.1001 and 1926.1101).

 

            "Plasticize"  means to cover floors and walls with plastic sheeting as herein specified or by using spray plastics (as permitted by the Department through a variance request).

 

            "Project" means removal, encapsulation, enclosure or repair of more than three linear feet or three square feet of asbestos-containing building materials.

 

            "Project Activities" means activities taking place when the contractor or a designee and the contractor's supplies and equipment for asbestos abatement are present at the abatement site.

 

            "Project Design" means the preparation of documents relating to the asbestos project, which may include but are not limited to, plans, drawings and specifications that recommend or establish the scope of work, standards of workmanship, equipment specifications or utilization, construction standards or specifications, alternative response action courses of action, and/or response action health and safety controls.

 

            "F4Project Designer" means an individual licensed by the Department to design response actions for school buildingsF2 or commercial or public buildings. (Section 3(v) of the Asbestos Abatement Act)

 

            "Project Manager" means an individual licensed by the Department and designated as the building owner's representative, who is responsible for overseeing asbestos abatement project activities.

 

            "Remote Decontamination Enclosure System" means a decontamination enclosure system which is not connected to the contained area.

 

            "Removal" means the intentional detachment of any asbestos-containing building materials from surfaces or components of a building or taking out building components.

 

            "Repair" means rewrapping or taping damaged pipe and boiler insulation and patching of surface materials.

 

            "Resilient Floor Covering Materials" means asbestos-containing floor tile (including asphalt and vinyl floor tile), sheet vinyl flooring, and floor adhesives or mastics.

 

            "F4Response Action" means a method, including removal, encapsulation, enclosure, repair, operations and maintenance, that protects human health and the environment from friable ACBM.F2 (Section 15 of the Commercial and Public Building Asbestos Abatement Act and Section 3 of the Asbestos Abatement Act)

 

            "F4Response Action Contractor" means any entity that engages in response action services for any schoolF2 or commercial or public building. (Section 3(i) of the Asbestos Abatement Act)

 

            F4"Response Action Services" means the service of designing and conducting removal, encapsulation, enclosure, repair, or operations and maintenance of friable asbestos-containing building materials, inspection of public or commercial buildingsF2 or school buildings, F4and inspection of asbestos-containingF2 building F4materials.  The term does not include the design or conducting of response actions that involve removal or possible disturbance of an amount of asbestos-containing building material comprising less thanF2 three F4square feet,F2 or less than three linear feet of asbestos-containing insulation on pipes or F4other friable asbestos-containing building materialF2. (Section 15 of the Commercial and Public Building Asbestos Abatement Act)

 

            "F4School" means any school district or public, private or nonpublic day or residential educational institution that provides elementary or secondary education for grade 12 or under.F2 (Section 3(c) of the Asbestos Abatement Act)

 

            "School Board" means the corporate body established by law to govern the school district.

 

            "F4School Building" means:F2

 

            F4Any 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.F2

 

            F4Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education.F2

 

            F4Any other facility used for the instruction or housing of students or for the administration of educational or research programs.F2

 

            F4Any maintenance, storage, or utility facility, including any hallway essential to the operation of any facility described in this definition of "school building" underF2 the preceding three paragraphs.

 

            F4Any portico or covered exterior hallway or walkway.F2

 

            F4Any exterior portion of a mechanical system used to condition interior space.F2 (Section (q)(1) through (6) of the Asbestos Abatement Act)

 

            F4"School Personnel" means any employee of a school.F2 (Section 3(o) of the Asbestos Abatement Act)

 

            "Shall" means the stated provision is mandatory.

 

            "Shower Room" means a room between the clean room and the equipment room in the worker decontamination enclosure with hot and cold running water controllable at the tap and arranged for complete showering during decontamination.

 

            "Shut Down and Lock Out Power" means to switch off all electrical circuit breakers serving power or lighting circuits which run to, or through, the contained area.  Label circuit breakers with tape over the breakers with the notation "DANGER, circuit being worked on".  Lock the electrical door or panel with separate locks, one lock and key for the supervisor and one lock and key for the project manager.  No other person shall have keyed access to the electrical power in the contained area.

 

            "Staging Area" means the area near the equipment decontamination enclosure designated for temporary storage of containerized waste prior to removal from the work area.

 

            "Structural Member" means any load-supporting member of a facility, such as beams and load-supporting walls, or any nonload-supporting member, such as ceilings and nonload-supporting walls.

 

            "F4Student" means any student enrolled in a school.F2 (Section 3(p) of the Asbestos Abatement Act)

 

            "Surfactant" means a chemical wetting agent that, when added to water, will improve penetration and reduce fiber release.

 

            "USEPA" means the Environmental Protection Agency, 401 M Street, S.W., Washington, DC 20460.

 

            "Visible Emissions" means any emissions containing particulate asbestos material that are visually detectable without the aid of instruments.

 

            "Wash Room" means a room between the contained area and the holding area in the equipment decontamination enclosure system where equipment and waste containers are wet cleaned or HEPA vacuumed prior to disposal or removal from the work area.

 

            "Wet Cleaning" means the process of eliminating asbestos contamination from building surfaces and objects by using cloths, mops, or other cleaning tools which have been dampened with water, and by afterward disposing of these cleaning tools as asbestos contaminated waste.

 

            "Work Area" means designated rooms, spaces, or areas where any aspect of an abatement project is being conducted.

 

            "Worker Decontamination Enclosure System" means that portion of a decontamination enclosure system designed for controlled passage of workers, other personnel and authorized visitors, consisting of a clean room, a shower room, and an equipment room separated from each other by airlocks and curtained doorways.

 

Section 855.25  Alternative Procedures and Variances

 

a)         A variance may be requested by submitting a written proposal to the Department a minimum of 20 days before the commencement of work.  The written proposal shall include a detailed description of the procedure(s) to be used in lieu of the requirements of this Part.  The capability of the alternative procedure(s) to provide an orderly, efficient, and safe abatement which ensures protection equivalent to that provided by this Part or to otherwise satisfy the intent of this Part shall be the basis for approval or denial of the variance. The Department shall notify the applicant in writing of its decision to either grant or deny the variance within 20 days after receipt of the request.  The project manager shall keep the approved variance available at the work site at all times.

 

b)         Variances on abatement project activities shall be issued on a per project basis.  Variance requests shall bear the signature of the licensed project designer.  Variances shall be valid for 180 days from the date of issuance.

 

c)         A completed Request for Variance Cover Sheet form provided by the Department shall be submitted with each variance request.

SUBPART B: LICENSURE AND TRAINING COURSE APPROVAL

 

Section 855.100          License Requirements

 

a)         Subpart B applies to licensing of asbestos workers, supervisors, inspectors, management planners, project designers, project managers and air sampling professionals.  Section 20(b) of the Commercial and Public Building Asbestos Abatement Act [225 ILCS 207/20(b)] requires only contractors, workers, supervisors, inspectors and project designers to be licensed by the Department to perform project activities in commercial and public buildings. Licensure is required for persons performing project activities in excess of 3 square feet or 3 linear feet, as required by Section 35 of the Commercial and Public Building Asbestos Abatement Act.  Employees of the Illinois Department of Public Health, the Illinois Capital Development Board, and the Illinois Environmental Protection Agency are exempt from licensure fees when licenses are used only for purposes related to their agency employment.

 

b)         Asbestos worker licenses expire on February 1 of each year, except that licenses issued after October 31 shall expire one year after the next February 1.  Asbestos project supervisor, inspector, management planner, project designer, project manager and air sampling professional licenses expire on May 15 of each year except that licenses issued after January 15 shall expire one year after the next May 15.  License applicants shall:

 

1)         Be at least 18 years of age.

 

2)         Submit a completed and signed application form provided by the Department.  Address changes shall be submitted in writing.

 

3)         Submit two 1" X 1" photographs (head and shoulders only) for proper identification of the licensee.  The photographs shall be original, clear, current, and color pictures of the applicant with the name printed on the back.

 

4)         Meet the certificate accreditation requirements of subsection (j) of this Section.

 

5)         Meet the specific requirements for licensure contained in subsections (c) through (i), as relevant.

 

c)         License requirements for an asbestos worker.

 

1)         Submit a $25 application fee.

 

2)         Successfully complete a Department accredited asbestos worker initial training course or IDPH accredited initial contractor/supervisor training course.  If the initial course certificate has expired, the applicant shall successfully complete the same type (worker or contractor/supervisor) of IDPH accredited refresher course as the initial course.

 

d)         License requirements for an asbestos supervisor.

 

1)         Submit a $75 application fee.

 

2)         Submit written verification of a minimum of 2,080 hours experience as a licensed asbestos worker.

 

3)         Successfully complete a Department accredited contractor/supervisor initial training course.  If the initial course certificate has expired, the applicant shall successfully complete a Department accredited contractor/supervisor refresher course.

 

e)         License requirements for an asbestos inspector.

 

1)         Submit a $50 application fee.

 

2)         Submit written verification of a minimum of 1,040 hours of experience inspecting buildings for asbestos-containing building materials, or a minimum of 3,120 hours of experience in direct planning of construction projects and/or construction project inspection.

 

3)         Successfully complete a Department accredited inspector initial training course. If the initial course certificate has expired, the applicant shall successfully complete a Department accredited inspector refresher course.

 

f)         License requirements for an asbestos management planner.

 

1)         Submit a $50 application fee.

 

2)         Successfully complete IDPH accredited inspector and management planner initial training courses.  If the initial course certificates have expired, the applicant shall successfully complete IDPH accredited inspector and management planner refresher courses.

 

3)         Submit a current copy of either an Illinois Architecte License, an Illinois Professional Engineer License, an Illinois Structural Engineer License, or an Illinois Industrial Hygienist License; or

 

4)         Submit a copy of a transcript and evidence of completion of a Bachelor's Degree or higher in architecture, engineering, mathematics or science, and meet the experience requirements of a licensed inspector; or

 

5)         Submit a copy of a transcript and evidence of completion of a Bachelor's Degree and written verification of 2,080 hours of experience in asbestos inspections, project management, project design or other asbestos management and control activities.

 

g)         License requirements for an asbestos project designer.

 

1)         Submit a $50 application fee.

 

2)         Submit a current copy of either an Illinois Architecte License, an Illinois Professional Engineer License, an Illinois Structural Engineer License, or an Illinois Industrial Hygienist License.

 

3)         Successfully complete a Department accredited initial project designer training course.  If the initial course certificate has expired, the applicant shall successfully complete a Department accredited project designer refresher course.

 

h)         License requirements for an asbestos project manager.

 

1)         Submit a $50 application fee.

 

2)         Submit written verification of 2,080 hours of on-site work experience in building construction projects or 520 hours of on-site work experience assisting a licensed project manager on asbestos abatement projects.

 

3)         Successfully complete a Department accredited contractor/supervisor initial training course.  If the initial course certificate has expired, the applicant shall successfully complete a Department accredited contractor/supervisor refresher course.

 

i)          License requirements for an asbestos air sampling professional.

 

1)         Submit a $50 application fee.

 

2)         Submit a certificate of successful completion of the NIOSH course #582 "Sampling and Evaluating Airborne Asbestos Dust"  or a course equivalent in length and content.

 

3)         Submit a copy of a transcript and evidence of obtaining a Bachelor's Degree in the life, environmental or physical sciences or in engineering and written verification of 520 hours on-site experience in general indoor air pollution sampling; or a copy of an Illinois Industrial Hygienist License; or written verification of 2080 hours on-site experience in air sampling for asbestos on abatement projects under the supervision of a licensed Air Sampling Professional.

 

j)          Certificate accreditation requirements.

            All applicants for licensure shall successfully complete a training course accredited by the Illinois Department of Public Health.   Licensees are required to maintain current accreditation in the discipline for which they are licensed. If the accreditation expires, the license shall automatically expire concurrently therewith and without notice.  In order for the current license to be reinstated, the applicant shall successfully complete a Department accredited refresher course.  Updates of refresher courses will be made electronically to the licensee's file through information from class lists submitted to the Department by the IDPH accredited training course providers. Certificates of training from Illinois accredited training course providers for renewal applicants do not need to be submitted to the Department unless specifically requested by the Department.  A refresher course shall be completed annually.  If a course certificate has been expired for more than one year from the expiration date, the applicant shall retake a Department accredited initial training course.  It is the licensee's responsibility to keep the course certificates current and maintain copies of all certificates for their use.  The Department shall verify, within 30 days, the successful completion of a Department accredited training course by the license applicant with the IDPH accredited training course provider before the license is issued.

 

k)         Renewal of licenses.

 

1)         All renewal applicants shall submit a completed and signed renewal application form provided by the Department and two 1" X 1" photographs (head and shoulders only). The photographs shall be original, clear, current, and color pictures of the applicant with the name printed on the back.

 

2)         All renewal applicants shall have successfully completed a current refresher course in the same discipline as their initial course and meet the requirements of subsection (j) of this Section.

 

3)         An asbestos worker renewal applicant shall submit a $25 renewal application fee.  If a renewal application fee is received after December 31, the applicant shall pay a late fee of $15 in addition to the renewal fee of $25.

 

4)         An asbestos supervisor renewal applicant shall submit a $75 renewal application fee.  If the renewal application is received after April 15, the applicant shall pay a $15 late fee in addition to the renewal fee of $75.

 

5)         A renewal applicant for asbestos inspector, management planner, project designer, project manager or air sampling professional licenses shall submit a $50 renewal application fee per license discipline.  If a renewal application fee is received after April 15, the applicant shall pay a $15 late fee for each discipline in addition to the $50 renewal fee for each discipline.

 

6)         If a management planner, project designer or air sampling professional is initially licensed with an Illinois Architectural License, an Illinois Professional Engineer's License, an Illinois Structural Engineer's License, or an Illinois Industrial Hygienist's License, the applicant shall submit a current copy of such license.

 

7)         If a project designer initially qualified for licensure with an Industrial Hygienist Certificate, the licensee shall submit a current Illinois Industrial Hygienist License.

 

l)          Reinstatement of licenses.  An applicant whose license has been expired for more than one year may apply to the Department for reinstatement.  The applicant shall:

 

1)         Submit a completed and signed application form provided by the Department.

 

2)         Submit two 1" X 1" photographs of the applicant (head and shoulders only). The photographs shall be original, clear, current and color pictures with the name printed on the back.

 

3)         Meet the accreditation requirements of subsection (j) of this Section.

 

4)         Asbestos workers shall submit an initial application fee of $25  plus a reinstatement fee of $50.  Supervisors shall submit an initial application fee of $75 plus a reinstatement fee of $150.  Inspectors, management planners, project designers, project managers, and air sampling professionals shall submit an initial application fee of $50 plus a reinstatement fee of $100 per type of license.

 

m)        Duplicate license requirements.  The applicant shall submit a written request for a duplicate license, a $15 fee, and a 1" X 1" photograph of the applicant.  The photograph shall be an original, clear, current and color picture with the name printed on the back.  A duplicate license will not be issued if the IDPH accredited training course certificate has expired.

 

n)         Reciprocity.  Out of state residents applying for initial licensure in Illinois may receive reciprocity by submitting USEPA or other state accredited initial training course certificates and meeting the license requirements of this Section.  If the initial course certificates are expired, the applicant shall also submit refresher course certificates for all preceding years.  Reciprocity of Architectural and Engineering licenses are under the jurisdiction of the Illinois Department of Professional Regulation.

 

o)         While conducting asbestos work which requires a license, the current course certificate and the license original shall be in the person's possession at the work site.  (A clear copy of the certificate may be substituted for the original certificate, but the license shall not be a copy.)

 

Section 855.110  Contractor Licensing

 

a)         The Department shall prepare and maintain a list of licensed asbestos abatement contractors.  The list shall be made available upon request to all school boards or building owners and shall be used to select an asbestos abatement contractor.  The contractor shall possess the qualifications detailed in subsection (b).

 

b)         In order to qualify as a licensed asbestos abatement contractor, a company shall submit the following information to the Department:

 

1)         A completed application provided by the Department accompanied by a $250 nonrefundable fee for the initial review.

 

2)         A certificate documenting that the contractor carries liability insurance from a company with at least an "A" rating accorded by A.M. Best & Co., self insurance, group insurance, or group self insurance in an amount of at least $1,000,000 (first dollar coverage) for work performed pursuant to the Act and this Part.  Each asbestos abatement contractor shall maintain on file with the Department a current certificate of financial responsibility throughout the entire length of time the contractor's name appears on the Department's list of approved contractors.  An asbestos abatement contractor shall notify the Department  of any change in the status of the certificate that has been filed including expiration, renewal, cancellation, or alteration of the terms by endorsement of the certificate [225 ILCS 207/45].  The certificate documenting evidence of insurance shall be the original and shall state that the insurance covers asbestos abatement.  The certificate shall be issued by an insurance company that is authorized to do business in Illinois.  The certificate shall be submitted to the Department within 48 hours after the expiration date of the certificate on file.  If the Department does not receive the above mentioned certificate documenting evidence of insurance, the asbestos abatement contractor will be subject to suspension of his/her license until an acceptable certificate is received.

 

3)         A copy of the designated supervisor's valid IDPH asbestos supervisor's license.

 

4)         Evidence that IDPH licensed asbestos workers will be employed on all asbestos abatement projects as required by Section 855.100.

 

5)         A list of prior contracts for asbestos abatement projects, including dates and the names, addresses, and telephone numbers of building owners for whom the projects were performed.  A contractor shall have a minimum of one year of experience in asbestos abatement contracting.  An applicant is also eligible to qualify for a license if employer references demonstrate a minimum of one year of experience in asbestos abatement project supervision, or shall employ a supervisor with a minimum of one year of experience in asbestos abatement project supervision.  Evidence of experience must accompany the application.

 

6)         Evidence of air monitoring data taken during and after completion of previous asbestos abatement projects in accordance with 29 CFR 1910.1001(d). This evidence shall include clearance air monitoring results from 10 different contracted asbestos abatement projects.  Evidence of air monitoring data must have the name of the company that analyzed the final air monitoring results. All final results shall be below .01 fibers/cubic centimeter (f/cc).  If an applicant employs a supervisor with a year of experience of asbestos removal supervision, the air monitoring results shall be from projects that the licensed supervisor has supervised.

 

7)         A copy of the written standard operating procedures and employee protection plans, including specific reference to OSHA medical monitoring and respirator training programs as required in 29 CFR 1910.1001.

 

8)         A description of any asbestos abatement projects which were prematurely terminated or not completed, including the circumstances surrounding termination, or a signed statement that there were no such projects.

 

9)         A list of any contractual penalties which the contractor has paid for breach or noncompliance with contract specifications, such as overruns of completion time or liquidated damages, or a signed statement that there were no such penalties.

 

10)       Copies of any and all citations levied against the contractor or any of his/her past or present employees or companies by any federal, state or local government agency for violations related to asbestos abatement, including names and locations of the projects, the date(s), and a description of how the allegations were resolved, or a signed statement that there were no such citations.

 

11)       A description detailing all legal proceedings, lawsuits or claims which have been filed or levied against the contractor or any of his/her past or present employees or companies for asbestos-related activities, or a signed statement that there was no such legal action.

 

12)       The contractor shall identify whether it is a sole proprietorship, partnership or corporation and identify its agent and mailing address for service of process by the Department.  Additionally, if applicable, the contractor shall provide the following information to the Department:

 

A)        Partnerships:

 

i)          If the contractor is a partnership it shall identify the general and limited partners by name, together with their addresses and percentage of ownership interest.

 

ii)         If the contractor is a limited liability partnership pursuant to the provisions of Section 8.1 of the Uniform Partnership Act [805 ILCS 205/8.1], it shall file annually with the Department a copy of the application, or renewal application, required to be filed with the Illinois Secretary of State.

 

B)        Corporation: If the contractor is a corporation, either foreign or domestic, it shall file with the Department a copy of its articles of incorporation which shall include all information required by Section 2.10 of the Business Corporation Act of 1983 [805 ILCS 5/2.10] and annually thereafter a copy of the annual report which is required to be filed with the Illinois Secretary of State pursuant to Section 14.05 of the Business Corporation Act of 1983 [805 ILCS 5/14.05].

 

c)         All licenses shall expire on May 15 of each year except licenses issued after January 15 shall expire one year after the next May 15.  The fee for the issuance of a duplicate license shall be $15.

 

d)         Successful applicants shall be notified to submit to the Department an additional $500 fee for a license and for inclusion on the list of IDPH licensed contractors.

 

e)         Renewal of License.  Any license issued pursuant to this Part may be renewed if the licensee submits a completed renewal application form provided by the Department and the $500 renewal fee.  A current original certificate documenting evidence of insurance shall be filed with the Department before the license is issued.  The designated supervisor listed on the renewal application shall be a currently licensed IDPH supervisor.  If a renewal application is received after April 15, the applicant shall pay a late fee of $100 in addition to the renewal fee of $500.

 

f)         Reinstatement of License.  An applicant whose license has been expired for more than one year may apply to the Department for reinstatement of the license.  The Department shall reinstate the license provided the applicant submits:

 

1)         A completed application form provided by the Department.

 

2)         A current certificate of financial responsibility meeting the requirements of subsection (b)(2).

 

3)         A copy of the designated supervisor's current IDPH supervisor license.

 

4)         The renewal fee of $500 plus a reinstatement fee of $500 for the first year and $1,000 for more than two years and less than five years.  If a contractor license has been expired for more than five years, the contractor shall reapply and follow the criteria of subsection (b).

 

g)         Suspension or Revocation of License/Denial of Application.  The Department shall provide written notice, via certified mail, of its decision to deny, suspend or revoke a contractor's license.  The applicant or licensee shall have 15 days to make a written request for an administrative hearing to contest the Department's decision.  The Department's decision to suspend or revoke a license or deny an application shall be based upon any of the reasons provided in subsections (g)(1) through (g)(5) below:

 

1)         Conviction, of a felony or two or more misdemeanors involving fraudulent activities, or of violations of laws relating to construction or the building trades in general, in the last five years:

 

A)        of the contractor; or

 

B)        if the contractor is a firm, partnership, or association, of any of its members; or

 

C)        if a corporation, of any of its officers or directors; or

 

D)        of any person designated to manage or supervise the asbestos abatement activities.

 

2)         The licensure status or record, in Illinois or from any other state where the applicant has done business in a similar capacity, that indicates that the applicant has conducted asbestos abatement projects in a manner hazardous to the public health:

 

A)        of the contractor; or

 

B)        if the applicant is a firm, partnership, or association, of any of its members; or

 

C)        if a corporation, of any of its officers or directors; or

 

D)        of any person designated to manage or supervise the asbestos abatement activities.

 

3)         The contractor has failed to complete an asbestos abatement project due to insufficient financial resources.

 

4)         Violation of any provision of the Asbestos Abatement Act or the Commercial and Public Building Asbestos Abatement Act, or of any provision of this Part.

 

5)         Submission of fraudulent documentation to the Department or to a building owner or representative or agent thereof.

 

Section 855.120  Training Course Approval and Accreditation

 

In accordance with Section 10a of the Asbestos Abatement Act and Section 35 of the Commercial and Public Building Asbestos Abatement Act, the following are minimum standards of course curricula  for approval of training course providers to conduct worker, contractor/supervisor, inspector, management planner and project designer accredited courses.

 

a)         The Department shall develop a list of all Illinois approved training course providers and the courses they are accredited to teach and make this list available upon request.

 

b)         Any educational institution or other person may apply for accreditation of an initial or refresher training course by submitting the following for each type of training course for which accreditation by the Department is sought.

 

1)         A completed application form provided by the Department.

 

2)         A $500 application fee per each type of course for which the provider is seeking accreditation.  A check or money order must be made payable to the Illinois Department of Public Health.

 

3)         A list of other states that currently approve the training course, if any.

 

4)         A copy of USEPA or state approval letter(s).  (Required for training courses previously approved by USEPA or other states.)

 

5)         A description of the course.

 

6)         A detailed outline of the course curriculum and the amount of time allotted to each topic.

 

7)         A description of the teaching methods to be used to present each topic (i.e., lectures, discussions, demonstrations and audio-visual materials).

 

8)         A copy of course materials, student manuals, instructor manuals, and any handouts that cover the information specified in subsection (c).

 

9)         A copy of the examination and answer key as required in subsection (g).

 

10)       A list of instructors and a completed instructor's application for each instructor as required in subsection (j).

 

11)       A copy of the course certificate as required in subsection (f).

 

12)       A statement of the length of training, in days.

 

13)       A description of the type of hands-on training and an inventory of the facilities and equipment used in the hands-on training.

 

c)         Training requirements for each of the licensed disciplines are outlined below:

 

1)         Worker Course.  The four-day worker training course shall include lectures, demonstrations, at least 14 hours of hands-on training, individual respirator fit testing, course review, and a closed-book written examination. Hands-on training must permit workers to have actual experience performing tasks associated with asbestos abatement.  The asbestos worker training course shall adequately address the following topics:

 

A)        Physical characteristics of asbestos.  Identification of asbestos, aerodynamic characteristics, typical uses, physical appearance, and a summary of abatement control options.

 

B)        Potential health effects related to asbestos exposure.  The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure level; the synergistic effect between cigarette smoking and asbestos exposure; the latency periods for asbestos-related diseases; a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancers of other organs.

 

C)        Employee personal protective equipment.  Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection, donning, use, maintenance, and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing; and regulations covering personal protective equipment.

 

D)        State-of-the-art work practices.  Proper work practices for asbestos abatement activities, including descriptions of proper construction; maintenance of barriers and decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; use of high-efficiency particulate air (HEPA) vacuums; proper clean-up and disposal procedures; work practices for removal, encapsulation, enclosure, and repair of ACBM; emergency procedures for sudden releases; potential exposure situations; transport and disposal procedures; and recommended and prohibited work practices.

 

E)        Personal hygiene.  Entry and exit procedures for the work area; use of showers; avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area; and potential exposures, such as family exposure.

 

F)         Additional safety hazards.  Hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos, fire and explosion hazards, scaffold and ladder hazards, slips, trips, and falls, and confined spaces.

 

G)        Medical monitoring.  OSHA Worker Protection Rule requirements for physical examinations, including a pulmonary function test, chest X-rays, and a medical history for each employee, in accordance with OSHA respiratory protection regulations at 29 CFR 1910.134.

 

H)        Air monitoring.  Procedures to determine airborne concentrations of asbestos fibers, focusing on how personal air sampling is performed and the reasons for it.

 

I)         Relevant federal, State, and local regulatory requirements, procedures, and standards, with particular attention directed at relevant USEPA, OSHA, and State regulations concerning asbestos abatement workers.

 

J)         Establishment of respiratory protection programs.

 

K)        Course review.  A review of key aspects of the training course.

 

2)         Contractor/Supervisor Course. The five-day contractor/supervisor training course shall include lectures, demonstrations, at least 14 hours of hands-on training, individual respirator fit testing, course review, and a closed-book written examination.  Hands-on training shall permit supervisors to have actual experience performing tasks associated with asbestos abatement. The contractor/supervisor training course shall adequately address the following topics:

 

A)        Physical characteristics of asbestos and ACBM.  Identification of asbestos, aerodynamic characteristics, typical uses, physical appearance, a review of hazard assessment considerations, and a summary of abatement control options.

 

B)        Potential health effects related to asbestos exposure.  The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure level; the synergism between cigarette smoking and asbestos exposure; and latency periods for diseases.

 

C)        Employee personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection, donning, use, maintenance, and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing; and regulations covering personal protective equipment.

 

D)        State-of-the-art work practices. Proper work practices for asbestos abatement activities, including descriptions of proper construction and maintenance of barriers and decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; use of HEPA vacuums; and proper clean-up and disposal procedures, work practices for removal, encapsulation, enclosure, and repair of ACBM; emergency procedures for unplanned releases; potential exposure situations; transport and disposal procedures; and recommended and prohibited work practices.  New abatement-related techniques and methodologies may be discussed.

 

E)        Personal hygiene.  Entry and exit procedures for the work area; use of showers; avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area.  Potential exposures, such as family exposure, shall also be included.

 

F)         Additional safety hazards.  Hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos, fire and explosion hazards, scaffold and ladder hazards, slips, trips, and falls, and confined spaces.

 

G)        Medical monitoring.  OSHA Worker Protection Rule requirements for physical examinations, including a pulmonary function test, chest X-rays, and a medical history for each employee, in accordance with OSHA respiratory protection regulations at 29 CFR 1910.134.

 

H)        Air monitoring.  Procedures to determine airborne concentrations of asbestos fibers, including descriptions of aggressive air sampling, sampling equipment and methods, reasons for air monitoring, types of samples and interpretation of results.

 

I)         Relevant federal, State, and local regulatory requirements, procedures, and standards, including this Part and the following:

 

i)          Requirements of Toxic Substance Control Act (TSCA) Title II.

 

ii)         National Emission Standards for Hazardous Air Pollutants (40 CFR 61), Subparts A (General Provisions) and M (National Emission Standards for Asbestos).

 

iii)        Occupational Safety and Health Administration (OSHA) standards for permissible exposure to airborne concentrations of asbestos fibers and respiratory protection (29 CFR 1910.134).

 

iv)        OSHA Asbestos Construction Standard (29 CFR 1926.1101).

 

v)         USEPA Worker Protection Rule (40 CFR 763, Subpart G).

 

vi)        Illinois Asbestos Abatement Act.

 

vii)       Illinois Commercial and Public Building Asbestos Abatement Act.

 

viii)      40 CFR 763, Appendix C to Subpart E, revised April 4, 1994.

 

J)         Respiratory protection programs and medical monitoring programs.

 

K)        Insurance and liability issues.  Contractor issues; worker's compensation coverage and exclusions; third-party liabilities and defenses; insurance coverage and exclusions.

 

L)        Recordkeeping for asbestos abatement projects.  Records required by federal, State, and local regulations; records recommended for legal and insurance purposes.

 

M)       Supervisory techniques for asbestos abatement activities.  Supervisory practices to enforce and reinforce the required work practices and discourage unsafe work practices.

 

N)        Contract specifications.  Discussions of key elements that are included in contract specifications.

 

O)        Course review.  A review of key aspects of the training course.

 

3)         Inspector Course. The three-day inspector training course shall include lectures, demonstrations, four hours of hands-on training, individual respirator fit testing, course review, and a closed-book written examination. Hands-on training shall include conducting a simulated building walk-through inspection and respirator fit testing. The inspector training course shall adequately address the following topics:

 

A)        Background information on asbestos.  Identification of asbestos and examples and discussion of the uses and locations of asbestos in buildings; physical appearance of asbestos.

 

B)        Potential health effects related to asbestos exposure.  The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure level; the synergistic effect between cigarette smoking and asbestos exposure; the latency periods for asbestos-related diseases; a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancers of other organs.

 

C)        Functions/qualifications and role of inspectors.  Discussions of prior experience and qualifications for inspectors and management planners; discussions of the functions of an accredited inspector as compared to those of an accredited management planner; discussion of the inspection process including inventory of ACBM and physical assessment.

 

D)        Legal liabilities and defenses.  Responsibilities of the inspector and management planner; a discussion of comprehensive general liability policies, claims-made, and occurrence policies; environmental and pollution liability policy clauses; State liability insurance requirements; bonding and the relationship of insurance availability to bond availability.

 

E)        Understanding building systems.  The interrelationship between building systems, including: an overview of common building physical plant layout; heat, ventilation, and air conditioning (HVAC) system types, physical organization, and where asbestos is found on HVAC components; building mechanical systems, their types and organization, and where to look for asbestos on such systems; inspecting electrical systems, including appropriate safety precautions; reading blueprints and as-built drawings.

 

F)         Public/employee/building occupant relations.  Notifying employee organizations about the inspection; signs to warn building occupants; tact in dealing with occupants and the press; scheduling of inspections to minimize disruptions; and education of building occupants about actions being taken.

 

G)        Pre-inspection planning and review of previous inspection records. Scheduling the inspection and obtaining access; building record review; identification of probable homogeneous areas from blueprints or as-built drawings; consultation with maintenance or building personnel; review of previous inspection, sampling, and abatement records of a building; the role of the inspector in exclusions for previously performed inspections.

 

H)        Inspecting for friable and nonfriable ACBM and assessing the condition of friable ACBM.  Procedures to follow in conducting visual inspections for friable and nonfriable ACBM; types of building materials that may contain asbestos; touching materials to determine friability; open return air plenums and their importance in HVAC systems; assessing damage, significant damage, potential damage, and potential significant damage; amount of suspected ACBM, both in total quantity and as a percentage of the total area; type of damage; accessibility; potential for disturbance; known or suspected causes of damage or significant damage; and deterioration as assessment factors.

 

I)         Bulk sampling/documentation of asbestos.  Detailed discussion of the "Simplified Sampling Scheme for Friable Surfacing Materials (EPA 560/5-85-030a October 1985)"; techniques to ensure sampling in a randomly distributed manner for other than friable surfacing materials; sampling of nonfriable materials; techniques for bulk sampling; inspector's sampling and repair of equipment; patching or repair of damage from sampling; discussion of polarized light microscopy; choosing an accredited laboratory to analyze bulk samples; quality control and quality assurance procedures.

 

J)         Inspector respiratory protection and personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection, donning, use, maintenance, and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing.

 

K)        Recordkeeping and writing the inspection report. Labeling of samples and keying sample identification to sampling location; recommendations on sample labeling; detailing of ACBM inventory; photographs of selected sampling areas and examples of ACBM condition; information required for inclusion in the management plan required for school buildings under TSCA Title II, Section 203(i)(l).

 

L)        Regulatory review.  This Part and the following topics should be covered:

 

i)          National Emission Standards for Hazardous Air Pollutants (NESHAP; 40 CFR 61, Subparts A and M);

 

ii)         USEPA Worker Protection Rule (40 CFR 763, Subpart G);

 

iii)        OSHA Asbestos Construction Standard (29 CFR 1926.1101);

 

iv)        OSHA Respirator Requirements (29 CFR 1910.134);

 

v)         The Friable Asbestos in Schools Rule (40 CFR 763, Subpart F);

 

vi)        Illinois Asbestos Abatement Act;

 

vii)       Illinois Commercial and Public Building Asbestos Abatement Act;

 

viii)      USEPA, Asbestos Model Accreditation Plan, 40 CFR 763, Appendix C to Subpart E, effective April 4, 1994.

 

M)       Field trip.  This includes a field exercise, including a walk-through inspection; on-site discussion about information gathering and the determination of sampling locations; on-site practice in physical assessment; classroom discussion of field exercise.

 

N)        Course review.  A review of key aspects of the training course.

 

4)         Management Planner Course. The two-day management planner training course shall include lectures, demonstrations, course review, and a closed-book written examination. The management planner training course shall adequately address the following topics:

 

A)        Course overview.  The role and responsibilities of the management planner; operations and maintenance programs; setting work priorities; protection of building occupants, key elements of a management plan.

 

B)        Evaluation/interpretation of survey results.  Review of TSCA Title II requirements for inspection and management plans for school buildings as given in Section 203 (i)(l) of TSCA Title II; interpretation of field data and laboratory results; comparison of field inspector's data sheet with laboratory results and site survey.

 

C)        Hazard assessment.  Amplification of the difference between physical assessment and hazard assessment; the role of the management planner in hazard assessment; explanation of significant damage, damage, potential damage, and potential significant damage; use of a description (or decision tree) code for assessment of ACBM; assessment of friable ACBM; relationship of accessibility, vibration sources, use of adjoining space, and air plenums and other factors to hazard assessment.

 

D)        Legal implications.  Liability; insurance issues specific to planners; liabilities associated with interim control measures, in-house maintenance, repair and removal; use of results from previously performed inspections.

 

E)        Evaluation and selection of control options.  Overview of encapsulation, enclosure, interim operations and maintenance, and removal; advantages and disadvantages of each method; response actions described via a decision tree or other appropriate method; work practices for each response action; staging and prioritizing of work in both vacant and occupied buildings; the need for containment barriers and decontamination in response actions.

 

F)         Role of other professionals.  Use of industrial hygienists, engineers, and architects in developing technical specifications for response actions; any requirements that may exist for architect sign-off of plans; team approach to design of high-quality job specifications.

 

G)        Developing an operations and maintenance (O & M) plan.  Purpose of the plan; discussion of applicable USEPA guidance documents; what actions should be taken by custodial staff; proper cleaning procedures; steam cleaning and HEPA vacuuming; reducing disturbance of ACBM; scheduling O & M for off-hours; rescheduling or canceling renovation in areas with ACBM; boiler room maintenance; disposal of ACBM; in-house procedures for ACBM-bridging and penetrating encapsulants; pipe fittings; metal sleeves; polyvinyl chloride (PVC), canvas, and wet wraps; muslin with straps, fiber mesh cloth; ACBM floor tile and mastic, mineral wool, and insulating cement; discussion of employee protection programs and staff training; case study in developing an  O & M plan (development, implementation process, and problems that have been experienced).

 

H)        Regulatory review.  The following topics should be covered:

 

i)          OSHA Asbestos Construction Standard found at 29 CFR 1926.1101;

 

ii)         National Emission Standard for Hazardous Air Pollutants (NESHAP) found at 40 CFR 61, Subparts A (General Provisions) and M (National Emission Standard for Asbestos);

 

iii)        USEPA Worker Protection Rule found at 40 CFR 763, Subpart G; TSCA Title II.

 

I)         Recordkeeping for the management planner.  Use of field inspector's data sheet along with laboratory results; on-going recordkeeping as a means to track asbestos disturbance; procedures for recordkeeping.

 

J)         Assembling and submitting the management plan.  Plan requirements for schools in TSCA Title II Section 203(i)(l); the management plan as a planning tool.

 

K)        Financing abatement actions.  Economic analysis and cost estimates; the development of cost estimates; present costs of abatement versus future operation and maintenance costs; Asbestos School Hazard Abatement Act grants and loans.

 

L)        Course review.  A review of key aspects of the training course.

 

5)         Project Designer Course. The project designer three-day training course shall include lectures, demonstrations, a field trip, course review and a closed-book written examination. The abatement project designer training course shall address the following topics:

 

A)        Background information on asbestos.  Identification of asbestos; examples and discussion of the uses and locations of asbestos in buildings; physical appearance of asbestos.

 

B)        Potential health effects related to asbestos exposure.  Nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure level; the synergistic effect between cigarette smoking and asbestos exposure; the latency period of asbestos-related diseases; a discussion of the relationship between asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancers of other organs.

 

C)        Overview of abatement construction projects.  Abatement as a portion of a renovation project; OSHA requirements for notification of other contractors on a multi-employer site (29 CFR 1926.1101).

 

D)        Safety system design specifications.  Design, construction, and maintenance of containment barriers and decontamination enclosure systems; positioning of warning signs; electrical and ventilation system lock-out; proper working techniques for minimizing fiber release; entry and exit procedures for the work area; use of wet methods; proper techniques for initial cleaning; use of negative pressure exhaust ventilation equipment; use of HEPA vacuums; proper clean-up and disposal of asbestos; work practices as they apply to encapsulation, enclosure, and repair; use of glove bags and a demonstration of glove bag use.

 

E)        Field trip.  A visit to an abatement site or other suitable building site, including on-site discussions of abatement design, building walk-through inspection and a discussion of rationale for the concept of functional spaces during the walk-through.

 

F)         Employee personal protective equipment.  Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection, donning, use, maintenance, and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respirator fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing.

 

G)        Additional safety hazards.  Hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos, fire, and explosion hazards.

 

H)        Fiber aerodynamics and control.  Aerodynamic characteristics of asbestos fibers; importance of proper containment barriers; settling time for asbestos fibers; wet methods in abatement; aggressive air monitoring following abatement; aggressive air movement and negative pressure exhaust ventilation as a clean-up method.

 

I)         Designing abatement solutions.  Discussions of removal, enclosure, and encapsulation, operation and maintenance and repair methods; asbestos waste disposal.

 

J)         Final clearance process.  Discussion of the need for a written sampling rationale for aggressive final air clearance; requirements of a complete visual inspection; and the relationship of the visual inspection to final air clearance.

 

K)        Budgeting/cost estimating.  Development of cost estimates; present costs of abatement versus future operation and maintenance costs; setting priorities for abatement jobs to reduce costs.

 

L)        Writing abatement specifications.  Preparation of and need for a written project design; means and methods specifications versus performance specifications; design of abatement in occupied buildings; modification of guide specifications for a particular building; worker and building occupant health/medical considerations; replacement of ACBM with non-asbestos substitutes.

 

M)       Preparing abatement drawings.  Significance and need for drawings, use of as-built drawings as base drawings; use of inspection photographs and on-site reports; methods of preparing abatement drawings; diagramming containment barriers; relationship of drawings to design specifications; particular problems related to abatement drawings.

 

N)        Contract preparation and administration.

 

O)        Legal liabilities/defenses.  Insurance considerations; bonding; hold-harmless clauses; use of abatement contractor's liability insurance; claims made versus occurrence policies.

 

P)         Replacement.  Replacement of asbestos with asbestos-free substitutes.

 

Q)        Role of other consultants.  Development of technical specification sections by industrial hygienists or engineers; the multi-disciplinary team approach to abatement design.

 

R)        Occupied buildings.  Special design procedures required in occupied buildings; education of occupants; extra monitoring recommendations; staging of work to minimize occupant exposure; scheduling of renovation to minimize exposure.

 

S)         Relevant federal, State, and local regulatory requirements, procedures and standards, including but not limited to this Part and the following:

 

i)          Requirements of TSCA, Title II.

 

ii)         National Emission Standards for Hazardous Air Pollutants (40 CFR 61), Subparts A (General Provisions) and M (National Emission Standard for Asbestos).

 

iii)        OSHA Respirator Standard found at 29 CFR 1910.134.

 

iv)        USEPA Worker Protection Rule found at 40 CFR 763, Subpart G.

 

v)         OSHA Asbestos Construction Standard found at 29 CFR 1926.1101.

 

vi)        OSHA Hazard Communication Standard found at 29 CFR 1926.59.

 

vii)       Illinois Asbestos Abatement Act.

 

viii)      Illinois Commercial and Public Building Asbestos Abatement Act.

 

ix)        40 CFR 763, Appendix C to Subpart E, revised April 4, 1994.

 

T)         Course review.  A review of key aspects of the training course.

 

d)         Any proposed alterations to an approved training course, such as course materials, instructors, or examinations shall be submitted to the Department for review and approval prior to implementation.

 

e)         Each accredited discipline and training curriculum is separate and distinct from the others.  A person may not attend two or more courses concurrently.

 

f)         Each person who successfully completes an accredited training course shall be issued a certificate containing the following required information:

 

1)         A unique certificate number.

 

2)         Name of accredited person.

 

3)         The type of training course (worker, contractor/supervisor, inspector, management planner, project designer) and whether the course is initial or refresher.

 

4)         The complete name, address, and telephone number of the training course provider that issued the certificate.

 

5)         The dates of the training course.

 

6)         The expiration date of one year after the date upon which the person successfully completed the course and examination.

 

7)         The examination date.

 

8)         A statement that the training course is accredited by the Illinois Department of Public Health.

 

9)         A statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under TSCA Title II.

 

10)       The location of the course if different from the training course provider's address.

 

11)       The language in which the course was taught, if other than English.

 

g)         Examinations.

 

1)         A closed-book examination shall be given at the completion of an initial or refresher training course.  The examination shall cover the topics included in the training course for that discipline.

 

2)         A person shall pass the examination with a score of at least 70% in order to receive accreditation.

 

3)         Students shall be allowed to retake the examination twice in a two week time period following the date of the initial failure.  After three successive failures, the student shall retake the full course before being allowed to retest.

 

4)         The following are the minimum requirements for the number of examination questions in each discipline (all questions shall be multiple-choice):

 

A)        Worker Initial - 50

 

B)        Worker Refresher - 25

 

C)        Contractor/Supervisor Initial - 100

 

D)        Contractor/Supervisor Refresher - 50

 

E)        Inspector - 50

 

F)         Inspector Refresher - 25

 

G)        Management Planner - 50

 

H)        Management Planner Refresher - 25

 

I)         Project Designer - 100

 

J)         Project Designer Refresher - 50

 

h)         Continuing Education.

 

1)         Annual refresher training is required for all disciplines as indicated below:

 

A)        Workers: One full day of refresher training.

 

B)        Contractor/Supervisors: One full day of refresher training.

 

C)        Inspectors: One half-day of refresher training.

 

D)        Management Planners: One half-day of inspector refresher training and one half-day of refresher training for management planners.

 

E)        Project Designers: One full day of refresher training.

 

2)         The refresher courses shall be specific to each discipline.  Refresher courses shall be conducted as separate and distinct courses and not be combined with any other training during the period of the refresher course.

 

3)         For each discipline, the refresher course shall review and discuss changes in federal, State, and local regulations, developments in state-of-the-art procedures, and a review of key aspects of the initial training course.  After successfully completing the annual refresher course, persons shall have their accreditation extended for an additional year from the date of the refresher course.  An annual refresher exam is required (see subsection (g) of this Section).

 

4)         A 12-month grace period shall be allowed to enable formerly accredited persons with expired certificates to complete refresher training and have their accreditation status reinstated without being required to retake the initial training course.  The 12-month grace period shall begin on the expiration date of the certificate (see Section 855.100 (j)).

 

5)         The training provider shall verify that each student possesses valid accreditation before granting admission to the refresher course and that the refresher course is for the same discipline as the initial course.  Valid accreditation means that the student's most recent accreditation has not been expired for a period more than 12 months from the expiration date.

 

i)          Training Length.

 

1)         One day of training shall equal eight hours, including two 15-minute breaks and one hour for lunch.  One half-day of training shall equal four hours including one 15-minute break.

 

2)         Course providers may segment courses subject to the following restrictions:

 

A)        The total hours required for each discipline shall be completed within a single two-week timeframe.

 

B)        No more than eight hours of training shall be given per day.

 

C)        Evening instruction shall not exceed a maximum of four hours in any single session.

 

j)          Instructors.

 

1)         All individuals desiring to become training course instructors for those disciplines regulated under this Part must receive approval from the Department prior to teaching.  The Department shall issue a "Letter of Approval" to qualified applicants.  In order to qualify as an approved training course instructor, the applicant shall submit the following to the Department.

 

A)        A completed training course instructor application form provided by the Department.

 

B)        A certificate of successful completion of a USEPA or State approved course specific to the discipline for which he/she is applying to teach.

 

C)        Written verification of a minimum of six months (1,040 hours) of experience (occupational and/or educational) related to the discipline of the course for which he/she is applying.

 

2)         Training course providers shall submit to the Department all changes to their list of approved instructors and the courses which they teach.

 

3)         An instructor shall not be permitted to submit a certificate of successful completion from a course he/she has instructed.  In order for the certificate of accreditation to be valid and acceptable for licensure or approval as an instructor, the instructor shall successfully complete a course conducted by a company for which he/she is not employed.

 

k)         All training providers shall comply with the following minimum recordkeeping requirements:

 

1)         Training course materials.  A training provider must retain copies of all instructional materials used in the delivery of the classroom training such as student manuals, instructor notebooks and handouts.

 

2)         Instructor qualifications.  A training provider must retain copies of all instructors' resumes, and the documents approving each instructor issued by the Department.  Records must accurately identify the instructors that taught each particular course for each date that a course is offered.

 

3)         Examinations.  A training provider must document that each person who receives an accreditation certificate for an initial or refresher training course has achieved a passing score on the examination.  These records must indicate the date the exam was administered, the training course and discipline for which the exam was given, the name of the person who proctored the exam, a copy of the exam, and the name and test score of each person taking the exam. The topic and dates of the training course must correspond to those listed on that person's accreditation certificate.

 

4)         Accreditation certificates.  A training provider shall maintain records that document the names of all persons who have been awarded certificates, their certificate numbers, the disciplines for which accreditation was conferred, training and expiration dates, and the training location.  The training provider shall maintain the records in a manner that allows verification of the required information by telephone.

 

5)         Records retention and access.

 

A)        The training provider shall maintain all required records for a minimum of six years.

 

B)        The training provider shall, upon request, allow reasonable access by the Department to all of the records.

 

C)        If a training provider ceases to conduct training, the training provider shall notify the Department and provide the Department the opportunity to take possession of that provider's asbestos training records.

 

l)          Training course providers shall permit representatives of the Department to attend, evaluate, and monitor any training course without charge.  The Department's compliance inspection staff are not required to give advance notice of their inspections.

 

m)        The notification form provided by the Department shall be completed and submitted to the Department by the training course provider for each offering of an accredited training course.  Notifications shall be received by the Department at least 10 working days prior to commencement of training.  Any changes in the notification or instructors shall be submitted at least 48 hours before the course commencement.

 

n)         The provider of an accredited training course shall submit to the Department a list of students who passed the exam using the class list form provided by the Department no later than 10 days after the last day of the training course.  All requested information shall be provided and shall be legible.

 

o)         Accreditation of initial and refresher training courses shall expire one year from the date of accreditation.  For accreditation to be renewed, a renewal fee of $500 must be received by the Department prior to the expiration of course accreditation.  If a renewal fee is received after the expiration date, the provider shall pay in addition a late fee of $100.  Accreditation of a training course which has been expired for more than one year may only be restored by reapplying.

 

p)         A training course may be offered in a language other than English.  For courses to be presented in a language other than English, the following requirements shall be submitted:

 

1)         All course materials shall be both in English and in the non-English language.

 

2)         The training course provider shall provide written assurance that the translation is technically representative of the English version of the course materials submitted.

 

3)         The course certificate shall be in English and specify the language in which the course was conducted.

 

4)         Instructors shall be fluent in the language of the course being presented. The use of interpreters is not permitted.

 

q)         If the Department finds that a training course provider or instructor is not in compliance with this Part, the Department may suspend, revoke, or deny accreditation of a course.  The Department shall provide written notice of its decision.  The training course provider shall have 15 days to make a written request for an administrative hearing to contest the Department's decision.  In addition, the  Department may deny or revoke course accreditation or instructor approval for the following or similar reasons:

 

1)         Misrepresentation of a training course's approval by the Department.

 

2)         Falsification of accreditation records, instructor qualifications, or other accreditation information.

 

3)         Conviction of a violation of the Consumer Fraud and Deceptive Business Practice Act [815 ILCS 505].

 

4)         Conviction of a violation of any provisions of training course laws in any other state, or any laws or rules relating to asbestos training courses.

 

5)         Fraudulent advertising or solicitations relating to asbestos training courses.

 

6)         Failure to maintain approval of a course by USEPA or a state in accordance with 40 CFR 763, Appendix C to Subpart E, revised April 4, 1994.

SUBPART C: RESPONSIBILITIES OF LICENSED PERSONNEL

 

Section 855.140  Supervisor Responsibilities

 

a)         The supervisor shall be the contractor's designated representative who is licensed by the Department, and shall be responsible for carrying out the following activities:

 

1)         Assist in decision-making regarding selection of procedures.

 

2)         Review variance requests in accordance with Section 855.25.

 

3)         Ensure that all project activities are conducted in accordance with the requirements of the Asbestos Abatement Act or the Commercial and Public Building Asbestos Abatement Act, as applicable, and this Part.

 

4)         Supervise project activities at all times.  The supervisor must enter the contained area as part of supervision.

 

5)         Meet with the project manager daily to review work progress and solve problems or adjust procedures as appropriate.

 

6)         Prior to and during project activities, the contractor, or his designee, is responsible for assuring that all employees of the contractor who are conducting project activities possess, on the job site, a valid original current license issued by the Department.  A copy of the license is not acceptable for meeting this requirement.

 

7)         The contractor, or his designee, shall make a copy of the original license and the copy shall be available at the project site.

 

b)         On school projects, one project supervisor per decontamination unit is required.

 

Section 855.150  Project Designer Responsibilities

 

a)         The Department shall prepare and maintain a list of licensed project designers.  The list shall be made available upon request and shall be used to select a project designer.

 

1)         All school asbestos abatement projects shall be designed by a Department licensed project designer in accordance with the requirements of this Section.

 

2)         If a commercial or public building project is designed, the design shall be completed by a Department licensed designer in accordance with the requirements of this Section.

 

b)         In accordance with 40 CFR 763, a licensed project designer shall design response actions for the LEA.

 

c)         The project designer shall plan the abatement project in accordance with all federal and State rules governing such action (i.e., 40 CFR 61; 29 CFR 1910 and 1926 and this Part) and the response action recommendations of the management plan, if a plan is utilized.

 

1)         All such planning shall be undertaken in compliance with the relevant provisions of the Illinois Architecture Practice Act of 1989 [225 ILCS 305], the Illinois Professional Engineering Practice Act of 1989 [225 ILCS 325], the Illinois Structural Engineering Act [225 ILCS 340] and the Illinois School Code [105 ILCS 5].

 

2)         A licensed Industrial Hygienist who is a licensed project designer may act as an asbestos project designer when a project design only applies to interior alterations of surface materials in an existing building and does not result in life safety changes to the building or changes to the electrical, heating, air conditioning, physical plant or associated piping.  Interior alterations of any public building which result in life safety or structural changes of the building are subject to the requirements of the Illinois Architecture Practice Act of 1989 [225 ILCS 305] and must be performed under the direct supervision and control of an architect licensed under that Act.

 

3)         The project designer shall certify that the project design meets or exceeds all federal, State, and local regulations and codes.

 

d)         The project designer shall design or directly supervise preparation of the specifications and plans for each individual project.  These contract documents shall include the designer's Department-issued license I.D. number and handwritten signature.

 

1)         Project design documents shall contain the following information:

 

A)        General location of the project within the facility.

 

B)        Locations of mini-containments, if applicable.

 

C)        Location of barriers.

 

D)        Location of the worker decontamination enclosure system(s).

 

E)        Location of equipment decontamination enclosure system(s).

 

F)         Location where negative air machines are to exhaust.

 

2)         Any and all changes to the design shall be verified by the project designer and shall bear his or her Department-issued license I.D. number and handwritten signature.

 

e)         The abatement project designer shall be responsible for the design specifications and plans prepared by him or her in accordance with applicable laws and standard of care required of those providing professional services.

 

f)         Prior to and during project activities in school buildings, the project designer shall submit to the Department any changes in the names and addresses of any project manager and air sampling professional.

 

Section 855.160  Management Planner Responsibilities

 

a)         The Department shall prepare and maintain a list of licensed management planners.  The list shall be made available to all school boards or building owners and shall be used to select a management planner.

 

b)         In accordance with 40 CFR 763, a licensed management planner shall prepare and develop the asbestos management plan for a school building.  This plan shall be prepared from the inspection report which contains the assessment done by the licensed inspector and the bulk sample analyses done by a USEPA approved laboratory.  A licensed management planner shall review a report on a reinspection required by 40 CFR 763.85(b) and recommend appropriate response actions in the management plan.

 

Section 855.170  Project Manager Responsibilities, Air Sampling Professional Responsibilities and Laboratory Services

 

a)         Project Manager

 

1)         The project manager shall be licensed by the Department in accordance with Section 855.100.  For asbestos abatement projects in schools, the project manager shall be the building owner's designated representative, and shall be responsible for carrying out the following activities:

 

A)        Assist in the evaluation of bids and the selection of a contractor.

 

B)        Ensure that all project activities are conducted in accordance with the requirements of the Asbestos Abatement Act and this Part and contract document.

 

C)        Be on-site whenever project activities are taking place.

 

D)        Reject defective barriers and decontamination enclosure systems.

 

E)        Meet with the contractor daily to review work progress, discuss problems and adjust procedures as appropriate.

 

F)         Report on abatement activities to the building owner and/or school board.

 

G)        Request, review and maintain contractor submission according to Sections 855.350 and 855.450.

 

H)        Enter the abatement project at least once every two hours to observe ongoing removal of asbestos-containing material.

 

2)         For every decontamination enclosure system, there shall be one project manager.

 

3)         The project manager shall have the authority to stop any job activities not performed in accordance with contract specifications and any provisions of this Part.  The building owner and Department shall be notified verbally by the project manager within 24 hours after a work stoppage.  A written report shall be submitted to the building owner with a description of the activity, reason for stoppage and possible means for correcting the problem.

 

4)         The project manager shall keep a daily log of onsite observations concerning the contractor's compliance with activities required under this Part.  This log shall be legible and made available upon request at all times to the school board or building owner, the architect/engineer, contractor, and appropriate local, State and federal agencies.

 

5)         For each asbestos abatement project, the project manager shall prepare a comprehensive final report.  The report shall be submitted to the school board or building owner, the contractor, and the Department within 60 working days following completion of final clearance air monitoring.  The report shall contain the following items submitted in the following order, with each item labeled:

 

A)        Project Manager's Report Form provided by the Department.

 

B)        Items submitted by the contractor under Section 855.350(a).

 

C)        For clearance air samples, the location of the sample, date of sample, start and end times of sampling, sampling air flow rate, volume of air sampled, name and address of laboratory performing the analysis, and name and signature of the analyst.

 

i)          When final air clearance monitoring samples are analyzed by a laboratory using transmission electron microscopy (TEM), a copy of the National Voluntary Laboratory Accreditation Program (NVLAP) certificate for airborne asbestos fibers analysis for the laboratory.

 

ii)         When final air clearance air monitoring samples are analyzed by Phase Contrast Microscopy (PCM) in a laboratory, a copy of Proficiency Analytical Testing (PAT) Program year-to-date performance report for the laboratory.  The year-to-date performance report should be for the testing round completed closest to the completion of the project, but prior to the completion of the project.

 

iii)        When final air clearance air monitoring samples are analyzed by an analyst outside of a laboratory, a copy of the report of performance testing under the (Asbestos Analyst Report) AAR Program for the analyst for the testing round completed prior to the completion of the project, but not after the completion of the project.

 

D)        Names, license numbers and current training certificates for asbestos abatement workers who conducted the abatement.

 

E)        Name, address, and license number of asbestos abatement contractor.

 

F)         Names, addresses, license numbers, and initial and current training certificates for the project designer, project manager, and contractor's supervisor(s), and signature of the project manager.

 

G)        Name, signature, and license number of each air sampling professional.

 

H)        Log of negative pressure measurements taken by the contractor for contained areas.  The readable tape from the monometer shall serve as the log.

 

I)         Variance requests submitted to the Department, and the Department's responses to those requests.

 

J)         Locations, times and results of background, personal, and area air samples taken prior to and during the project.

 

K)        A detailed description, diagram or blueprint indicating the location of ACBM abated, locations of barriers, and locations of decontamination enclosures.

 

L)        A detailed description of the project, including description of abatement methods employed, reasons for the project and for selection of the abatement methods, description of types and amounts of ACBM abated, and start and completion dates of the project.

 

M)       Daily log of observations made by the project manager, including description of project activities, documentation of smoke testing of barriers by the contractor, documentation of post-abatement visual inspection of each work area, and description of procedure used during clearance air sampling.

 

N)        Items submitted by the contractor under Section 855.350(c) and (d).

 

O)        For cleaning performed in accordance with Section 350.400(f)(1)(A), (D) and (E), the names of persons performing the cleaning, the date and locations of the cleaning, and the methods used.

 

6)         For each asbestos abatement project, the project manager shall submit a completed Project Manager's Report Form provided by the Department within ten working days following completion of clearance air monitoring.  A copy shall be inserted as the first page in the project manager's report.

 

7)         If more than one project manager serves on a project, other than as specified below, the person who oversees the completion of the project shall be responsible for the project report and for submission of the Project Manager's Report Form to the Department.  For projects with multiple work areas, each overseen by a different project manager, each project manager shall be responsible for the report and the Project Manager's Report Form for the part of the project in the work area for which he or she was responsible.  However, one comprehensive report for the entire project is acceptable.

 

b)         Air Sampling Professional (ASP)

 

1)         The air sampling professional shall be licensed by the Department in accordance with Section 855.100.  The air sampling professional shall conduct or supervise all air sampling for the school board.  All projects greater than 160 square feet or 260 linear feet shall be analyzed by Transmission Electron Microscopy (TEM).  All other samples may be analyzed by Phase Contrast Microscopy (PCM).

 

2)         Area sampling shall be conducted using collection media and procedures in accordance with NIOSH method 7400.  The following schedule shall be utilized for air sampling during the project in addition to any OSHA compliance monitoring required to be conducted by the contractor:

 

A)        Background air samples shall be collected and analyzed prior to the start of project activities in order to determine background airborne fiber concentrations.  Samples shall be taken both inside and outside of the work area to establish existing levels.

 

B)        The following schedule of samples shall be required on a daily basis once abatement activities begin.  The size of the abatement activity will have impact on the number of samples necessary to monitor the contractor's activities.  The following are required minimums:

 

i)          Two area samples inside the work area;

 

ii)         One personal sample inside the work area;

 

iii)        Two area samples outside the work area in uncontaminated areas of the building, including one at the entrance to the worker decontamination enclosure; and

 

iv)        One area sample at each discharge from negative pressure ventilation equipment to the outside of the building.

 

C)        Air monitoring results shall be documented and retained on-site.

 

c)         Analyst Services

 

1)         When final clearance air monitoring samples are anlyzed by a laboratory using TEM, the laboratory shall be accredited by the NIOSH National Voluntary Laboratory Accreditation Program (NVLAP) for airbone asbestos fiber analysis.

 

2)         When final clearance air monitoring samples are analyzed by PCM in a laboratory, the laboratory shall be considered proficient in asbestos analysis by the American Industrial Hygiene Association (AIHA) Proficiency Analytical Testing (PAT) Program for PCM.

 

3)         When final air clearance air monitoring samples are analyzed by an analyst outside of a laboratory, the analyst analyzing the samples shall be considered proficient (board approved) by the American Industrial Hygiene Association's (AIHA) Asbestos Analyst Registry (AAR) Program.

 

4)         The period of time permitted between the collection of daily air samples and the availability of results shall be less than 24 hours for samples collected during abatement activities.  Timetables for results of clearance air samples shall be established by the school board or building owner.

 

d)         Project Manager/Air Sampling Professional Duties Combined

            The project manager and air sampling professional shall be two separate individuals for each contained area.  Duties may only be combined for abatement project activities when the contained area is less than or equal to 10,000 square feet or less than or equal to 1,500 linear feet of pipe insulation in one contained area and decontamination enclosure system.

SUBPART D: GENERAL ABATEMENT REQUIREMENTS FOR COMMERCIAL AND PUBLIC BUILDINGS

 

Section 855.220          Notification and Procedures for Abatement of Asbestos in Commercial and Public Buildings

 

The work procedures and controls specified below shall be followed only for abatement of ACBM in commercial and public buildings, except as indicated (Schools shall use procedures and controls specified in Subpart E of this Part.):

 

a)         Notification.

 

1)         Notification of friable and nonfriable asbestos abatement project activities ranging in size from 3 square feet/3 linear feet to 160 square feet/260 linear feet to be performed in commercial and public buildings, except industrial buildings as defined in Section 855.20, shall be made to the Department at least 2 working days before the initiation of abatement project activities.

 

2)         Notification to the Department is not required for asbestos abatement project activities performed in industrial buildings as defined in Section 855.20.

 

3)         Any notification required by this subsection (a) shall be made by the contractor or building owner on a form made available by the Department.

 

b)         Emergency Abatement Operations.

 

1)         Notification to the Department, as specified in subsection (a) of this Section, is not required for emergency abatement operations, as defined in Section 855.20 of this Part.

 

2)         The contractor shall notify the Department by telephone or telefax on the same business day that emergency operations are initiated.  If emergency operations are initiated after business hours, the contractor shall notify the Department on the next business day.

 

A)        Notification shall specify the location of the emergency abatement operation; name of contractor, building owner or his/her representative, and air sampling professional; reason why emergency operations are necessary; description of asbestos containing material; abatement techniques to be used; and estimated time of completion of the project.

 

B)        Notification shall be made to the Asbestos Program, Division of Environmental Health, Illinois Department of Public Health at (217)782-5830 or (217)785-5897 (fax).

 

C)        After completion of emergency abatement operations, a written follow-up report shall be made to the Department using the Department's asbestos abatement notification form.

 

c)         Work Practices and Controls for all Commercial and Public Buildings.

 

1)         Removal of ACBM shall be conducted in accordance with NESHAP regulations 40 CFR 61, Subpart M, and OSHA regulations 29 CFR 1926.1101.

 

2)         Encapsulation or enclosure of ACBM shall be considered a Class III operation and shall be performed using controls at least as stringent as those found in 29 CFR 1926.1101(g)(9) for Class III asbestos work.

 

3)         Repair and maintenance of friable ACBM shall be performed using controls and work practices specified by 29 CFR 1101(g)(9) for Class III asbestos work.

 

4)         All ACBM may be temporarily stored at the work area until completion of the abatement project.  Temporarily stored ACBM shall meet the waste storage requirements of NESHAP regulations at 40 CFR 61, Subpart M.  At the conclusion of the abatement project, all temporarily stored ACBM shall be removed from the work area and transported to a regulated landfill location approved for disposal of asbestos-containing waste.

 

d)         Clearance Air Monitoring.

 

1)         After the completion of the final clean and when all surfaces in the critical barriers are dry, the contractor, the building owner or the building owner's designee shall inspect the area inside the critical barriers for visible residue.  If the area is clear of residue, the contractor, the building owner or the building owner's designee shall notify an air sampling professional that the contained area is ready for clearance air monitoring.

 

2)         Air sampling shall be conducted by an air sampling professional.  The air sampling professional is allowed to use PCM for clearance air monitoring in public and commercial buildings in lieu of TEM.

 

3)         Required Samples.

 

A)        A minimum of 2 samples shall be taken for areas up to 1,000 sq. ft.

 

B)        A minimum of 5 samples shall be taken for areas larger than 1,000 sq. ft. but not exceeding 50,000 sq. ft.

 

C)        One additional sample shall be taken for every 10,000 sq. ft. exceeding 50,000 sq. ft.

 

4)         Each sample result shall be less than or equal to 0.01 f/cc.  If the air sampling results indicate a concentration of airborne asbestos fibers in excess of clearance criteria, the contractor shall reclean the contained area.  The contractor shall not be released until the contained area meets clearance criteria.

 

5)         The building owner shall give a copy of the test results to the contractor and retain a copy for its records for three years.

 

c)         An air sampling professional is not required to obtain a license pursuant to Section 855.100(i) to conduct asbestos air sampling in commercial and public buildings; however, an air sampling professional shall meet the following qualifications prior to conducting asbestos air sampling in commercial and public buildings:

 

1)         Successfully complete a NIOSH #582 course "Sampling and Evaluating Airborne Asbestos Dust" or a course equivalent in length and content.

 

2)         Possess a Bachelor's Degree in the life, environmental or physical sciences or in engineering and written verification of 520 hours on-site experience in general indoor air pollution sampling; or an Illinois Industrial Hygienist License; or written verification of 2080 hours on-site experience in air sampling for asbestos on abatement projects under the supervision of a licensed Air Sampling Professional.

 

Section 855.230  Equipment and Waste Container Removal Procedures

 

a)         External surfaces of contaminated containers and equipment shall be cleaned by wet cleaning and/or HEPA vacuuming before moving such items into the decontamination area for final cleaning as defined in OSHA regulation 29 CFR 1926.1101.

 

b)         Once in the decontamination area, external surfaces of contaminated containers and equipment shall be cleaned a second time by wet cleaning before moving such items into the holding area pending removal to uncontaminated areas.

 

c)         Containers and equipment shall be removed from the holding area by workers who have entered from uncontaminated areas wearing proper personal protective equipment.  If the decontamination area does not terminate to the exterior of the building, the following procedures shall be followed:

 

1)         Waste and equipment shall be placed in a cart.  The cart shall not be overloaded, which may cause tipping.

 

2)         The loaded cart shall be carefully taken to and unloaded in the enclosed waste storage unit.

 

d)         The exit from the decontamination area shall be secured to prevent unauthorized entry as required in OSHA 1926.1101(e)(3).

 

Section 855.240  Reestablishment of the Work Area and HVAC Systems in Commercial and Public Buildings

 

The contractor, building owner, or the building owner's representative shall reestablish the work area in accordance with the following procedures:

 

a)         Reestablishment of the work area shall only occur following the completion of the cleanup procedures and after clearance air monitoring has been performed and documented to the satisfaction of the school board or building owner.

 

b)         The contractor, the building owner or the building owner's designee shall visually inspect the work area for any remaining visible residue.  Evidence of contamination shall necessitate additional cleaning.

 

c)         Additional air monitoring shall be performed if additional cleanup is necessary.

 

d)         Following completion of clearance air monitoring of the work area, remaining equipment and polyethylene barriers shall be removed and disposed of as asbestos-contaminated waste.  Following removal, the entire area, including HVAC filter assembly and outside of the duct work, shall be wet cleaned or HEPA vacuumed to remove residual asbestos fibers.

 

e)         Mounted objects removed from former positions during area preparation activities may be resecured.

 

f)         Objects that were removed to temporary locations may be relocated to original positions.

 

g)         New filters shall be installed in HVAC systems, as necessary, and mechanical and electrical systems shall be reestablished in working order.

SUBPART E: LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES AND STANDARDS FOR ABATEMENT

 

Section 855.300  Local Education Agency (LEA) Requirements

 

a)         Each LEA shall:

 

1)         Ensure that any persons who perform inspections and reinspections, develop and update management plans, develop and implement response actions, including operations and maintenance or repair, are licensed in accordance with Section 855.100.

 

2)         Ensure that all custodial and maintenance employees are properly trained as required by the Asbestos Hazard Emergency Response Act (AHERA),  the Asbestos Abatement Act, and this Part.

 

3)         Ensure that parents, teachers, and employee organizations are notified in writing at least once each school year of inspections, response actions, and post-response action activities, including periodic reinspection and surveillance activities that are planned or in progress.  The LEA shall include in the management plan a description of the steps taken to notify such organizations and a dated copy of the notification.

 

4)         The LEA shall designate a person to oversee all management plan activities and ensure that the designated person receives adequate training to perform the assigned duties of the local education agency.  Such training shall include:

 

A)        Health effects of asbestos.

 

B)        Detection, identification and assessment of ACBM.

 

C)        Options for controlling ACBM.

 

D)        Asbestos management programs.

 

E)        Relevant federal and State regulations concerning asbestos, including those of the Occupational Safety and Health Administration, U.S. Department of Labor, the U.S. Department of Transportation, the U.S. Environmental Protection Agency and the Department.

 

5)         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 asbestos-containing building materials (ACBM) and/or assumed ACBM.

 

6)         Ensure that warning labels are posted in accordance with the following:

 

A)        The LEA shall attach a warning label immediately adjacent to any ACBM and suspected ACBM assumed to be ACBM located in a routine maintenance area (such as boiler rooms) at each school building.

 

B)        All labels shall be prominently displayed in readily visible locations and shall remain posted until the ACBM is removed.

 

C)        The warning label shall state in print which is readily visible: Caution;  Asbestos. Hazardous.  Do Not Disturb Without Proper Training and Equipment.

 

7)         Ensure that the management plans are available for inspection and notification of such availability has been provided as specified in the management plan.

 

8)         Keep a copy of the plan in each school and district administrative office. Management plans shall be available for inspection by workers before work begins in any area of a school building.  The management plans shall be available during normal business office hours, without cost or restriction, for inspection by representatives of the USEPA, the Department, teachers, other school personnel, parents and the general public.  The LEA may charge a reasonable cost to make copies of management plans.

 

9)         Maintain records as part of the management plan.

 

10)       Ensure that each management plan contains a statement, signed by the individual designated by the LEA, which certifies that the LEA responsibilities have been met or will be met.

 

11)       Ensure that three year reinspections are conducted in accordance with this Part and Section 855.310(m).

 

12)       Ensure that the three year school reinspection information form provided by the Department is submitted to the Department within 30 days from the reinspection.

 

b)         Recordkeeping

 

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 six years after completion of removal.

 

2)         For each preventive measure and response action taken for ACBM and suspected ACBM assumed to be ACBM, the LEA shall provide:

 

A)        A detailed written description of the response action and methods used, the location where the response action was taken, the reasons for selecting the response action, the start and completion dates of the work, the names and addresses of all contractors involved, and if applicable, their IDPH license I.D. number, and if ACBM is removed, the name and location of the disposal site of the ACBM.

 

B)        The name, signature, and Department-issued license I.D. number of any person collecting any air samples required to be collected at the completion of certain response actions, 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 the National Bureau of Standards TEM laboratory accreditation.

 

C)        For each time that periodic surveillance is performed, the LEA shall record the name of each person performing the surveillance, the date of the surveillance, and any changes in the conditions of the materials.

 

D)        For each time that asbestos cleaning is performed, the LEA shall record the name of each person performing the cleaning, the IDPH licensed worker I.D. number, the date of such cleaning, the locations cleaned, and the methods used to perform such cleaning.

 

E)        For each time that operations and maintenance activities are performed, the LEA shall record the name of each person performing the activity, the Department-issued licensed worker I.D. number, 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 the storage or disposal site of the ACBM.

 

F)         For each time that major response action is performed, the local education agency shall provide the name, signature and Department-issued license I.D. number of each person performing the activity, the start and completion dates of the response action, the locations where such response action occurred, a description of the activity, including preventive measures used, and if ACBM is removed, the name and location of the storage or disposal site of the ACBM.

 

G)        For each fiber release episode, 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, the IDPH license ID number, and if ACBM is removed, the name and location of the storage or disposal site of the ACBM.

 

Section 855.310          Procedures for School Inspections and Reinspections

 

a)         The Department shall prepare and maintain a list of licensed inspectors. All inspections and sampling of school buildings for the presence of ACBM and all assessments of the condition of ACBM in schools shall be done by a Department licensed asbestos inspector.

 

b)         School Building Inspections.

 

1)         Inspections shall be conducted only during non-school hours.  Samples shall not be collected in areas where, and at times when, students or school personnel are present.

 

2)         All areas of the school building shall be inspected including classrooms, cafeterias, auditoriums, gymnasiums, locker rooms, offices, hallways, tunnels, boiler rooms, mechanical rooms, above drop ceilings, crawl spaces, ventilation ducts, attics, basements, etc.

 

3)         For initial inspections, the inspector shall identify and establish homogeneous sampling areas for friable and nonfriable materials.

 

4)         The inspector shall photograph materials sampled and damaged areas found and identify locations where pictures were taken.

 

5)         The inspector shall complete the form "Building Inspection for Friable and Nonfriable Materials" for each school or facility.  (See Appendix B, Illustration A of this Part.)

 

c)         Sampling Friable and Nonfriable Materials.

 

1)         The area of each homogeneous friable and nonfriable surface shall be calculated (allow for beams, vaulted ceilings, etc.).  If materials appearing uniform were installed at different times, two materials shall be designated as distinct homogeneous areas.

 

2)         A diagram shall be drawn for each homogeneous sampling area as described in subsections (g), (h), (i), and (j) of this Section.

 

3)         Random sample points shall be determined using the method described in subsection (l) of this Section.

 

4)         The following requirements shall apply to all sampling of surfacing material:

 

A)        For each homogeneous sampling area of less than 1,000 square feet, a minimum of 3 samples shall be collected;

 

B)        For areas from 1,000 to 5,000 square feet, a minimum of 5 samples shall be collected;

 

C)        For homogeneous areas greater than 5,000 square feet, a minimum of 7 samples shall be collected.

 

5)         If pipe and boiler insulation are in good condition (not friable), sampling shall not be conducted.  It shall be assumed that these areas are asbestos containing and recorded as such.  The Superintendent of the school district may request a variance (see Section 855.25) for the inspectors to sample material that is in good condition.  However, damaged pipe and boiler insulation are considered distinct sample areas, and three samples must be collected for each such homogeneous material found.  Pipe, pipe joints and boiler insulation are all different homogeneous areas and shall not be sampled as one homogeneous area.

 

6)         Wall and ceiling tiles must also be sampled.  Three samples shall be collected from each homogeneous type of wall and ceiling tile found.

 

7)         At least one bulk sample shall be collected from each homogeneous area of patched thermal system insulation that is not assumed to be ACBM if the patched section is less than six linear or square feet.

 

8)         Bulk samples are not required to be collected from any homogeneous area where the accredited inspector has determined that the thermal system insulation is fiberglass, foam glass, rubber, or other non-asbestos-containing building materials.

 

9)         Miscellaneous materials shall be collected in a manner sufficient to determine whether material is asbestos-containing building materials (ACBM). Bulk samples shall be collected from each homogeneous area of friable miscellaneous material that is not assumed to be asbestos-containing materials.

 

10)       Nonfriable suspected asbestos-containing building materials (ACBM).  If any homogeneous area of nonfriable suspected ACBM is not assumed to be ACBM, then a licensed inspector shall collect, in a manner sufficient to determine whether the material is ACBM, bulk samples from the homogeneous area.

 

d)         Sampling Precautions.

 

1)         Disturbed materials shall only be sampled with necessary personnel present.  Materials shall not be disturbed any more than necessary.

 

2)         A NIOSH approved respirator equipped with HEPA filters shall be worn when sampling friable materials or when moving ceiling tiles to access friable materials.

 

3)         Disturbed materials shall be sealed with a clear, nonflammable encapsulant.

 

4)         Any visible materials shall be cleaned by wet mopping or by wiping with a damp cloth.

 

5)         When carpet is present, a plastic drop cloth shall be placed under the sample point to facilitate easy clean up.

 

6)         Contaminated materials (e.g., wiping cloths, mop heads) shall be disposed of in sealed, labeled six mil plastic bags.

 

e)         Sampling Procedures.

 

1)         Materials shall be sprayed with a light mist of water to reduce fiber release during sampling.

 

2)         A small core of the material penetrating all layers including any paint or protective coating shall be gently cut and removed.  Any reusable instrument shall be wet-wiped before reuse.

 

3)         The sample shall be placed in a zip top plastic bag.  The bag shall be sealed and  the exterior wiped with a damp cloth to remove any materials.

 

4)         Each bag shall be labeled with a sample I.D. number.

 

5)         The samples for each school shall be sealed in a second plastic bag.

 

6)         Information to be recorded for each sample collected includes the date, sampling location and ID number.  The form "Asbestos Bulk Analysis" shall be completed and samples submitted to a laboratory accredited under the National Voluntary Laboratory Accreditation Program (NVLAP) administered by the National Institute for Standards and Technology (NIST).

 

f)         Reporting.  The Management Plan referenced in Section 855.325 shall be submitted to the Department along with one copy of the inspection report which shall include a narrative description of building components and a completed "Building Inspection for Friable and Nonfriable Materials" form for each school inspected.  Photographs and sample area diagrams shall be included with sample locations.  All photographs must be reproduced from negatives.  Photocopies of photographs shall not be sent.  Each sample must have a photograph to show condition of the material.

 

1)         To expedite the efficient review of the inspection reports, they shall be organized and submitted in the following order:

 

A)        Each report shall be put in a three hole report cover.  (Not a three ring binder.)

 

B)        The school district, school name, and the complete address of school building where inspection was conducted, city and county shall be identified on the front cover.

 

C)        The report shall be assembled in the following order:

 

i)          Appendix B, Illustration A

 

ii)         Narrative Report

 

iii)        Each sample area:  Appendix B, Illustration B (2 pages) Identifying sample area; Drawing to scale or dimension; Indicating on plan where samples were taken; Including photographs of material from which samples were taken; Indicating the sample number which applies to each photo.  The reference material should be used to determine the number of samples required based on the square footage in the sampling area.

 

2)         The inspection report will not be considered complete until bulk samples are received by an approved laboratory. A copy of the laboratory submission sheets shall be included with the inspection report.

 

g)         For each sampling area, diagram shall be prepared showing all friable and nonfriable materials in the sampling area.  Construct the diagram on graph paper as follows:

 

1)         The approximate dimensions of all rooms, corridors, or other school building areas included in the diagram shall be clearly indicated.  If these measurements are not readily available, rooms will need to be measured. Prepare the diagram approximately to scale.  (See Appendix B, Illustration C.)

 

2)         The diagram shall distinguish between friable and nonfriable material areas of the sampling area, and areas in the diagram that are not contained in the sampling area.

 

3)         Any of the following features that are found within the sampling area shall be drawn on the diagram approximately to scale:

 

A)        Damage caused by water or high humidity.

 

B)        Damage due to vandalism, rough use, or other factors.

 

C)        Patched or repaired material.

 

D)        Areas that are inaccessible for the purpose of sampling the friable or nonfriable material.

 

h)         If one sampling area contains friable or nonfriable material areas that are not adjacent (for example, areas on different floors of the school building where the material is the same), each separate area shall be sketched according to the above instructions.  Place all sketches on the same graph, as closely together as possible.  The sampling area may contain areas that are not in the same plane (for example, a ceiling and a wall with the same type of friable or nonfriable material).  In this case, each flat surface shall be sketched according to the above instructions and these sketches placed on the same graph, as close together as possible.

 

i)          On each sampling area diagram, the following information shall be recorded:

 

1)         Sampling area identification number that distinguishes the sampling area from all others of the school building.

 

2)         Brief description of the sampling area.

 

3)         Area dimensions and scale.

 

4)         Name and address of the school.

 

5)         Name and telephone number of the school official contacted.

 

6)         Name of inspector and date of inspection.

 

7)         Name of person preparing the diagram and date prepared.

 

j)          For piping, vent and boiler diagrams:

 

1)         A diagram shall be drawn which includes room dimensions and sample locations.  (See Appendix B, Illustration D.)

 

2)         Sample locations shall be described.

 

k)         These diagrams shall be included with the "Building Inspection" form.

 

l)          Sampling Procedure

 

1)         The sampling area shall be divided into nine equally sized subareas.  This shall be done by dividing the length and width of the sampling area into three equal lengths and three equal widths and drawing a grid over the diagram (see Appendix B, Illustrations C through G).

 

2)         The diagrams in Appendix B, Illustration E show which subareas to use in order to follow a random sampling scheme.  For the first area to be sampled, the nine subareas shall be numbered as shown for sampling area #1 in  Appendix B, Illustration E.  If three samples are needed, they shall be taken from the subareas marked 1, 2 and 3.  If 5 samples are needed, they shall be taken from the subareas marked 1, 2, 3, 4 and 5, and so on.  Samples shall be taken from approximately the center of a subarea, or as close as possible to the center if inaccessibility, presence of light fixtures, etc., make the center location impractical.  If a subarea is specified that falls entirely outside the sampling area, the next specified subarea shall be used.  For example, if subarea 3 falls outside the sampling area, the third sample from subarea 4 shall be taken.

 

3)         For very irregularly shaped areas, the sampling area may be divided into nine approximately equally sized subareas that do not necessarily form a rectangular grid.  The diagrams in Appendix B, Illustration E will then need to be adapted to the specific situation.  Appendix B, Illustration F shows an example of a Y-shaped sampling area that is divided into nine equally sized subareas.  The first diagram of Appendix B, Illustration E was adapted accordingly to number the subareas.  When adapting sampling diagrams, the order of the numbered subareas from left to right and top to bottom shall be retained wherever possible.

 

4)         For each sampling area, a new diagram in accordance with Appendix B, Illustration E shall be used.  If there are more than 18 sampling areas, a new diagram shall be used, starting again at the top (Sampling Area #1) of Illustration E to determine sampling locations for sampling area 19 and higher.

 

m)        The following shall be required for reinspections:

 

1)         All items included in Section 855.Appendix B, Illustration H.

 

2)         Any additional suspect ACBM found during the reinspection, that was not included in the original management plan or previous reinspection report, shall be sampled according to procedures in Section 855.310(d) or listed as assumed ACBM and added to the management plan.

 

3)         Inspections shall be conducted only during non-school hours when students or school personnel are not present.  Samples shall not be collected in areas when and where students or school personnel are present.

 

4)         Within 30 days after the reinspection, the Department-licensed inspector shall submit to the LEA the following:

 

A)        The date of the reinspection.

 

B)        The name and signature of the Department-licensed inspector performing the reinspection and the licensed management planner.

 

C)        The current Department-issued license number of the inspector/management planner and the current training course certificate at the time of the inspection.

 

D)        Any changes in condition of known or assumed ACBM.

 

E)        Any changes in the classification of an assumed ACBM to a non-ACBM shall be performed in accordance with the requirements of this Section.

 

F)         If the LEA chooses to resample known ACBM, the results of the new sampling shall use TEM to prove that the material is not ACBM.

 

G)        Any changes in the response action recommendations.

 

Section 855.325  Management Plan

 

a)         In accordance with 40 CFR 763, each Local Educational Agency (LEA) shall submit to the Department the management plan for each individual school. The management plan shall comply with the management plan protocol in Section 855.Appendix B, Illustration H and Illustration I.

 

b)         The management plan for each school building shall include:

 

1)         Inspection report with assessment of each homogeneous area as required in Section 855.310.

 

2)         Laboratory analysis report.

 

3)         Response action plans for each homogeneous area of ACBM in accordance with 40 CFR 763.90.

 

4)         Operations and maintenance program for each homogeneous area of ACBM until such time as it is removed.

 

c)         Any management plan submitted without all materials listed in subsections (b)(1)-(4) of this Section shall be considered incomplete and shall be returned to the LEA.

 

d)         The Department shall have 90 days to respond to the submitted management plan.  The Department shall consider the following factors in deciding to approve or disapprove a management plan: the timeliness of submission, preparation by a Department-licensed management planner, inclusion of an inspection report prepared by a Department-licensed inspector approved by the Department, and inclusion of the materials required under subsection (b) of this Section.

 

e)         If the plan is not disapproved within this time, the LEA shall implement the plan.

 

f)         If the plan is disapproved within this time, the LEA has 30 days to resubmit the plan.  The Department may allow, in writing, an extension of an additional 60 days for resubmission.  The Department will consider the size of facilities, number of buildings and the degree to which the management plan fails to comply with the requirements of this Part, before granting an extension.

 

Section 855.330          Operations and Maintenance

 

a)         The school board or building owner shall designate a person who shall be responsible for the implementation of an operations and maintenance plan.  The plan shall be instituted in every school identified or assumed as having ACBM and shall be enforced at all times.  The plan shall be in writing and shall meet the requirements of USEPA (40 CFR 763) and OSHA Regulations (29 CFR 1926.1101).

 

b)         Repair Procedures. Department-licensed asbestos workers shall be utilized when ACBM must be drilled, sanded, cut, or repaired, or friable ACBM must be cleaned and the following procedures shall be followed:

 

1)         Heating, cooling, or ventilating air systems shall be shut down to prevent fiber dispersal to other areas of the building.

 

2)         Openings in the work area, including windows, doorways, vents, and any other openings, shall be sealed off with six mil polyethylene or equivalent sheeting and duct tape.

 

3)         All persons shall wear respirators equipped with high efficiency HEPA filters and approved by the National Institute for Occupational Safety and Health (NIOSH).

 

4)         All persons shall wear disposable full body coveralls and head gear.

 

5)         ACBM shall be wet down with amended water before repairing or disturbing the material to reduce airborne fiber release.

 

6)         Work area shall be cleaned up using wet rags, mops or sponges, leaving no visible residue.

 

7)         Asbestos-contaminated waste shall be sealed in six mil labeled plastic bags and disposed of at an approved disposal site.

 

8)         Maintenance or repair which results in the disturbance of ACBM shall be conducted in accordance with OSHA Regulations 29 CFR 2926.1101(e) and (g).

 

c)         The Floor Tile Project Notice form provided by the Department must be submitted at least 10 working days prior to the beginning of an asbestos resilient floor covering material project in a school building.

 

Section 855.350  Submissions and Notices

 

a)         The contractor shall submit the following items to the Department postmarked or facsimile dated at least 10 working days prior to the commencement of an asbestos abatement project.

 

1)         The Notice of Asbestos Abatement Form provided by the Department shall be completed and submitted by the contractor for all abatement projects.  The completed form shall contain only correct and accurate information.

 

2)         Written permission from the building owner confirming the authorization for the commencement of abatement according to Section 855.450(g) shall be attached to the notification form and submitted to the Department.

 

b)         The contractor shall notify the Department in writing on the form provided by the Department prior to any change in start date, completion date and scope of the project.

 

c)         Five days prior to commencement of work, the contractor shall submit the following items to the project manager.  These items shall be up-to-date and shall be maintained at the abatement site by the project manager.

 

1)         Documentation of arrangements for the transport and disposal of asbestos-containing or contaminated materials and supplies and the name and location of the disposal site.

 

2)         Documentation that each asbestos worker and supervisor are licensed.

 

3)         Drawings for layout and construction of decontamination enclosure systems and barriers for isolation of the work area.

 

4)         When rental equipment is to be used in removal areas or to transport waste materials, a copy of the written notification to inform the rental company of the nature of use of the rented equipment.

 

5)         Results of materials testing as conducted before the abatement for purposes of utilization during abatement activities (e.g., testing of encapsulant for depth of penetration, testing of substitute materials for adherence to encapsulated surfaces).

 

6)         Copies of initial and current accreditation certificates of all licensed persons and the original license.  The project manager shall make copies of all licenses at the location where they are conducting work.  Failure to have accreditation certificates at the job site could result in decertification.

 

d)         During abatement activities the contractor shall submit on a weekly basis the following items to the project manager and the project manager shall maintain this documentation at the abatement site:

 

1)         Job progress reports detailing abatement activities, including a review of progress with respect to previously established schedules, problems and actions taken, injury reports, and equipment breakdowns.

 

2)         Copies of all transport manifests, trip tickets and disposal receipts for all asbestos waste materials removed from the work area during the abatement process shall be submitted to the project manager within 10 days after the completion of the project.

 

3)         Copies of worksite entry log books with information on worker and visitor access.

 

4)         Logs documenting filter changes on respirators, HEPA vacuums, negative pressure ventilation units, and other engineering controls.

 

5)         Logs documenting that each asbestos worker present and in the abatement area was licensed as such by the Department.

 

6)         Any revisions to the start date, completion date or scope of the project.

 

e)         Prior to commencement of work the school board or the building owner shall:

 

1)         Notify occupants of work areas that may be disrupted by the abatement project of dates and requirements for relocation.  Arrangements must be made prior to start of the project for relocation of desks, files, equipment and personal possessions in order to avoid unauthorized access into the work area by building occupants.  Notification of all building occupants and users is required in order to prevent unnecessary or unauthorized access to the contaminated work area.

 

2)         Submit to the contractor and project manager results of background level air sampling, including sampling location, name of the air sampling professional, equipment utilized and method of analysis.  Background air samples shall be collected and analyzed prior to the start of project activities.

 

3)         Provide to the contractor information concerning access, shutdown, and protection requirements of equipment and systems in the work area.

 

4)         Submit to the contractor names and addresses of all asbestos project managers and air sampling professionals assigned to the project prior to the commencement of abatement.  Any changes of the building owners' representatives shall be submitted to the contractor in writing prior to such change.

 

5)         Provide to the contractor written permission authorizing the commencement of asbestos abatement.

 

6)         The school board or building owner shall provide the contractor with written verification that notification of all building occupants and users have been made pursuant to this Section prior to commencement of the project.  Such written verification shall be submitted to the Department by the contractor with the Notice of Asbestos Abatement form provided by the Department.

 

Section 855.360  Demolition of a School Building

 

a)         Demolition of a school building shall be conducted in accordance with the National Emission Standards for Hazardous Air Pollutants (40 CFR 61) and Occupational Safety and Health Administration regulations (29 CFR 1910 and 1926).

 

b)         The building owner shall inform the Department in writing of the planned demolition.

 

c)         If a portion of a building containing ACBM is to be demolished, the portion to be demolished shall be separated from the portion to remain by airtight barriers.  Barriers erected for this purpose shall comply with Section 855.430(a).

 

Section 855.370  Workplace Entry and Exit Procedures

 

Personnel Entry and Exit.  All of the following procedures shall be posted in the clean room by the abatement contractor.  These procedures shall be enforced by the abatement contractor and shall be followed throughout the abatement project until clearance air monitoring has been performed and the area has passed final clearance.

 

a)         All personnel and authorized visitors shall enter the work area through the worker decontamination enclosure system.

 

b)         All personnel who enter the work area shall sign the entry log, located in the clean room, upon entry and exit.

 

c)         All personnel, before entering the work area, shall read and be familiar with all posted regulations, personal protection requirements (including workplace entry and exit procedures) and emergency procedures.  A sign-off sheet shall be used to acknowledge that these have been reviewed and understood by all personnel prior to entry.

 

d)         All personnel shall proceed first to the clean room, remove all clothing and don respiratory protection, disposable coveralls, head covering and foot covering.  Clean respirators and protective clothing shall be provided and utilized by each person for each separate entry into the work area.

 

e)         Personnel, wearing designated personal protective equipment, shall proceed from the clean room, through the shower room and equipment room, to the main work area.

 

f)         Before leaving the work area, all personnel shall remove gross contamination from the outside of respirators and protective clothing by brushing and/or wet cleaning procedures.  Each person shall clean the bottoms of protective footwear immediately prior to entering the equipment room.

 

g)         Personnel shall proceed to the equipment room, where all protective equipment except respirators shall be removed.  Disposable clothing shall be deposited into labeled containers for disposal (see Section 855.390(h)).

 

h)         Reusable, contaminated footwear shall be stored in the equipment room when not in use in the work area and shall be disposed of as asbestos contaminated waste upon completion of abatement.  (Rubber boots may be decontaminated at the completion of the abatement for reuse.)

 

i)          Still wearing respirators, personnel shall proceed to the shower area, clean the outside of the respirator and the exposed face area under running water prior to removal of the respirator, and then shower and shampoo to remove residual asbestos contamination.  Various types of respirators will require slight modification of these procedures.  An airline respirator with HEPA filtered disconnect protection may be disconnected in the equipment room and worn into the shower.  A powered air-purifying respirator facepiece should be disconnected from the filter/power pack assembly, which is not waterproof, upon entering the shower.

 

j)          After showering and drying, personnel shall proceed to the clean room and don clean disposable clothing if returning to the work area or street clothes at the end of the work shift.

 

Section 855.380  Building Protection

 

a)         A negative air pressure differential of at least 0.02 inches of water column, relative to outside ambient air pressure, shall be maintained at all times throughout the contained area during the asbestos abatement work to ensure that contaminated air in the work area does not filter back to uncontaminated areas.  Instrumentation (a monometer with a readable tape) for measuring pressure differential shall be provided by the contractor in accordance with OSHA regulations 29 CFR 1926.1101.

 

b)         Once the contained area is established, the negative pressure system shall operate continuously, 24 hours a day, from the start of the abatement work to final air clearance.

 

c)         Asbestos fiber levels in areas adjacent to the contained area shall not exceed 0.01 fibers per cubic centimeter of air (f/cc) or background levels, whichever is higher, as determined by phase contrast microscopy.  Work shall immediately cease in the area if  fiber counts in adjacent areas are found to exceed this amount.  Remedial action (e.g., wet cleaning) shall be taken to reduce such levels to those required by this Section.

 

d)         The contractor shall be responsible for cleanup of any adjacent areas which become contaminated as a result of the asbestos abatement activities.

 

Section 855.390  Materials and Equipment

 

The contractor performing asbestos abatement in a school shall furnish all labor, materials, and equipment necessary for completion of the project.

 

a)         All materials subject to damage shall be stored off the ground, away from wet or damp surfaces, and under protective cover to prevent damage or contamination.  Replacement materials shall be stored outside of the work area until abatement is completed.

 

b)         Damaged and deteriorating materials shall not be used and shall be removed from the premises.

 

c)         Plastic (polyethylene) sheeting, in sizes to minimize the frequency of joints, shall be furnished.

 

d)         Duct tape shall be used for sealing joints of adjacent sheets of plastic and facilitating attachment of plastic sheets to finished or unfinished surfaces.

 

e)         Spray adhesive shall be capable of providing additional sealing of joints and facilitating attachment of plastic sheeting to finished or unfinished surfaces where needed.

 

f)         The surfactant used to produce amended water shall be a product that is nontoxic, noncarcinogenic, and is not an eye, nose, or skin irritant.

 

g)         Airtight and watertight containers shall be provided to receive and retain any asbestos-containing or contaminated materials for storage until disposal at a landfill.  The containers shall be labeled in accordance with OSHA regulation 29 CFR 1926.1101(k)(7).

 

h)         Plastic asbestos disposal bags shall be six mil or equivalent in thickness and be marked with caution labels in accordance with OSHA regulation 29 CFR 1926.1101(k)(7).

 

i)          Enclosure materials shall be impact resistant and assembled to be airtight. Gypsum panels taped at the seams, tongue and groove boards, and boards with spline joints all meet this requirement.  Joints between walls and ceilings shall be caulked.

 

j)          An encapsulant shall adhere to the fibrous substrate with sufficient penetration to prevent separation of the sealant from the asbestos-containing materials (see Section 855.240).

 

k)         Negative air pressure equipment shall be in compliance with ANSI Z9.2 (1991), Local Exhaust Ventilation.

 

l)          Negative air pressure systems shall be operated in accordance with "Specifications and Operating Procedures for the Use of Negative Pressure Systems for Asbestos Abatement," Guidance for Controlling Friable Asbestos-Containing Materials in Buildings, EPA Report Number 560/5-85-024 (1985).

 

Section 855.400  Work Area Preparation

 

The asbestos abatement contractor shall perform the following steps, in the order in which they appear, to prepare the work area. The contractor shall:

 

a)         Complete the requirements in Section 855.430.  Any barriers, such as temporary walls or ceilings, needed to completely enclose the work area, shall be constructed in accordance with Section 855.430.

 

b)         Post caution signs meeting the specifications of OSHA 29 CFR 1926.1101(k)(6) at any location and approaches to a location where airborne concentrations of asbestos may exceed ambient background levels.  Signs shall be posted to permit a person to read the sign and take the necessary protective measures to avoid exposure before entering the work area.

 

c)         Shut down and lock out electric power to all contained areas on a daily basis.  "Shut Down and Lock Out" means to switch off all electrical circuit breakers serving power or lighting circuits which run to, or through, the contained area.  Label circuit breakers with tape over the breakers with the notation "DANGER, circuit being worked on".  Lock the electrical door or panel with separate locks, one lock and key for the supervisor and one lock and key for the project manager.  No other personnel shall have keyed access to the electrical power in the contained area.  Provide temporary power and lighting and ensure safe installation of temporary power sources and equipment in accordance with the National Electrical Code (see Section 855.10(b)(1)).  All power to work areas shall be brought in from outside the area through ground-fault circuit interrupters at the source.

 

d)         Shut down and isolate heating, cooling, and ventilating air systems to prevent contamination and fiber dispersal to other areas of the structure. Remove all HVAC system filters and place in labeled six mil polyethylene or equivalent bags for disposal as asbestos-contaminated waste.  Clean the filter assembly and outside of the duct work using HEPA vacuums or wet cleaning techniques.

 

e)         Seal off all openings to windows, corridors, doorways, skylights, ducts, grills, diffusers, and any other penetrations of the work areas, with six mil plastic or equivalent sheeting sealed with tape.  Also seal all seams in system components that pass through the contained area.  Doorways and corridors which will not be used during work must be sealed with barriers as described in Section 855.430.

 

f)         Proposed contained area.

 

1)         Where friable ACBM is present in the proposed contained area as defined in the asbestos management plan and/or project designer's specifications, the following shall be conducted by the contractor:

 

A)        Pre-clean movable objects within the proposed work areas using HEPA filtered vacuum equipment and/or wet cleaning methods, as appropriate, and remove such objects from work areas to a temporary location.

 

B)        Upholstered furniture and drapes shall be HEPA vacuumed twice before removal from the work area.

 

C)        Carpeting shall be removed and disposed of as asbestos-containing waste material,  unless the following are complied with:

 

i)          Take one representative bulk sample from each homogeneous material which shall include the carpet fiber, the carpet backing, and the carpet mastic.

 

ii)         The bulk samples shall be analyzed by Transmission Electron Microscopy (TEM).  If the samples are found to contain no asbestos fibers, the carpet may remain in place if protected from contamination.

 

iii)        Cover carpets that have been reported as containing no asbestos fibers with two layers of six mil poly or equivalent or place 7/16" plywood or equivalent over the layer of six mil poly and then place two additional layers of six mil poly over the 7/16" plywood.

 

iv)        Upon completion of the abatement operations, the carpeting shall be re-sampled (as described in subsection (f)(1)(C)(i) of this Section).  If the carpet is reported to contain asbestos fibers, the carpet shall be removed and disposed of as asbestos-containing waste.

 

D)        Pre-clean fixed objects and specific equipment items which will remain within the proposed contained areas, using HEPA filtered vacuum equipment and/or wet cleaning methods as appropriate.  The fixed objects shall then be wrapped with a minimum of one layer of six mil poly or equivalent.

 

E)        Pre-clean the proposed contained areas using HEPA filtered vacuum equipment and/or wet cleaning methods as appropriate.  Methods that raise dust, such as dry sweeping or vacuuming with equipment not equipped with HEPA filtration, are prohibited.  ACBM shall not be disturbed during pre-cleaning.

 

2)         Where no friable ACBM is present in the proposed contained area as defined in the asbestos management plan and/or Project Designer's specifications, and where the abatement work scheduled consists of nonfriable ACBM only, the following shall be conducted by the contractor:

 

A)        Remove all movable objects from the proposed work area to a temporary location.

 

B)        Wrap all fixed objects and specific equipment items which will remain in the proposed work areas with a minimum of one layer of six mil poly or equivalent.

 

g)         Clean the proposed contained areas using HEPA filtered vacuum equipment and/or wet cleaning methods as appropriate.  Methods that raise dust, such as dry sweeping or vacuuming with equipment not equipped with HEPA filters, is prohibited.

 

h)         Provide a worker decontamination enclosure system in accordance with Section 855.410 before ACBM is disturbed.

 

i)          Cover the floor and wall surfaces in contained areas with plastic sheeting sealed with tape.  Use a minimum of two layers of six mil plastic or equivalent on floors (no plastic on the floor shall be required when the project includes removal of floor tile and associated mastic) and two layers of four mil plastic or equivalent on walls.  Cover floors first so that plastic extends at least 12 inches up on walls, then cover walls with plastic sheeting to the floor level, thus overlapping the floor material by a minimum of 12 inches.  The plastic shall be sized to minimize seams.  Seams shall be staggered and separated by a distance of at least six feet.  In hallways where asbestos materials are adjacent to lockers, sheeting shall extend to the top of the lockers.

 

j)          Remove and clean ceiling-mounted objects such as light fixtures, electrical track, alarm systems, ventilation equipment and other items not previously sealed off, that interfere with asbestos material removal.  Use localized water spraying or HEPA filtered vacuum equipment during fixture removal to reduce fiber dispersal.

 

k)         Ceiling tiles.

 

1)         Except as specified in subsection (k)(2) of this Section, suspended ceiling tiles and components shall remain in place until the contained area has been plasticized and worker and equipment decontamination enclosures are in place and then removed and disposed of as asbestos-contaminated waste.

 

2)         Where no friable ACBM is present in the proposed work area as defined in the asbestos management plan and/or project designer's specification, in lieu of removal and disposal of suspended ceiling tile and components, the following shall be conducted:

 

A)        Suspended ceiling tiles and components may remain in the proposed work area if isolated from the proposed work area by erection of work place barriers consisting of a minimum of one layer of six mil poly or equivalent.

 

B)        Suspended ceiling tiles may be removed from the proposed work area prior to erection of the work area decontamination unit.  Ceiling tiles may be stored in a temporary location and re-installed after acceptable final air clearance sampling has been completed and the contained area tear down is completed.

 

l)          Maintain emergency and fire exits from the work areas or establish alternative exits.

 

m)        Dispose of all materials inside the contained area (scrap poly, towels, spray cans, enclosure barriers, etc.) as ACBM, with the exception of tools, equipment, rubber boots, and other cleanable, reusable items.  Tools, equipment, and other reusable items shall be wet wiped and wrapped in six mil poly before removing them from the work area.

 

Section 855.410  Worker Decontamination Enclosure System

 

The contractor shall construct or provide a worker decontamination enclosure system in accordance with the following:

 

a)         Worker decontamination enclosure systems shall be provided at all locations where workers will enter or exit the work area.  These systems may consist of existing rooms outside of the work area, if the layout is appropriate, that can be enclosed in plastic sheeting and are accessible from the work area.  When this situation does not exist, enclosure systems may be constructed out of metal, wood or plastic support as appropriate, or a portable unit may be utilized (see Appendix A, Illustration D).

 

b)         Worker decontamination enclosure systems constructed at the worksite of plastic sheeting installed over a framework shall utilize six mil opaque polyethylene or equivalent strength sheeting.

 

c)         The worker decontamination enclosure system shall consist of at least a clean room, a shower room, and an equipment room, separated from each other by airlocks.

 

d)         Entry to and exit from all airlocks and decontamination enclosure system chambers shall be through curtained doorways.

 

e)         Access between any two rooms in the decontamination enclosure system shall be through an airlock with at least three feet separating each curtained doorway.  Pathways into (from clean to contaminated) and out from (contaminated to clean) the work area shall be clearly designated.

 

f)         The clean room shall be sized to accommodate the clothes and equipment of the work crew.  Benches shall be provided, as well as hooks for hanging up street clothes.  Lockers may be provided for valuables; however, workers may be requested to secure valuables elsewhere.  Shelves for storing respirators shall also be provided in this area.  Clean work clothes (if required under disposables), clean disposable clothing, replacement filters for respirators, towels and other necessary items shall be provided in the clean room.  A location for postings shall also be provided in this area.  A lockable door shall be used to permit access into the clean room from outside the work area. This space shall not be used for storage of tools, equipment, or materials, or as office space.

 

g)         The shower room shall contain one or more showers to accommodate workers. Each shower head shall be supplied with hot and cold water adjustable at the tap.  The shower enclosure shall be constructed to ensure against leakage of any kind.  Soap, shampoo and towels shall be supplied by the contractor and shall be available at all times.  Shower water shall be drained, collected and filtered through a system with at least 5.0 micron particle size collection capability.  A system containing a series of several filters with progressively smaller pore sizes shall be used to avoid rapid clogging of the filtration system by large particles.  Filtered wastewater shall be discharged to a sanitary sewer.

 

h)         The equipment room shall be used for storage of equipment and tools at the end of a shift after decontamination using a HEPA filtered vacuum and/or wet cleaning techniques.  Replacement filters (in sealed containers until used) for HEPA vacuums and negative pressure ventilation equipment, extra tools, containers of surfactant and other materials and equipment that may be required during the abatement may also be stored here as needed. A labeled six mil polyethylene or equivalent bag for collection of disposable clothing shall be located in this room.  Contaminated footwear (e.g., rubber boots and other reusable footwear) shall be stored in this area for reuse.

 

Section 855.420  Remote Decontamination Enclosure System

 

a)         A remote worker or equipment decontamination enclosure system may be used when the asbestos abatement work occurring in a contained area in a school is restricted to the removal of nonfriable ACBM by a method which does not cause the ACBM to become friable, or removal of thermal system insulation by use of a glovebag technique.

 

b)         Worker access to and from a contained area must be through an airlock.

 

c)         If a worker decontamination enclosure system attached to a contained area is to be used as a remote decontamination enclosure system for work conducted in other contained areas, access to the worker decontamination enclosure system consisting of one of the following methods may be provided, and shall be provided when it is not feasible for the equipment decontamination enclosure system to be used for this purpose:

 

1)         An airlock attached to the equipment room of the decontamination enclosure system.

 

2)         A two-stage airlock, consisting of two airlocks in series, which provides access directly to the contained area connected to the worker decontamination enclosure system.

 

3)         If only nonfriable removal or removal by a glovebag technique is to be conducted in the contaminated area having the attached worker decontamination enclosure system, an airlock attached to the contained area.

 

d)         Setup of the remote decontamination enclosure system shall be in accordance with Section 855.410.

 

e)         The remote decontamination enclosure system shall be located inside the separation barriers and shall be in accordance with Section 855.430(b).

 

f)         The following procedures shall be used with a remote decontamination enclosure system:

 

1)         Licensed asbestos workers shall don respiratory protection and two pairs of protective coveralls prior to entering the contained removal area.

 

2)         After completion of the removal and cleaning, the worker shall HEPA vacuum the outer suit, enter the airlock, remove the outer suit and dispose of it as asbestos-contaminated waste.

 

3)         Still wearing the inner suit and respiratory protection, the worker shall either proceed to another containment, don a second suit and enter, or proceed to the remote decontamination enclosure system.

 

4)         The remote decontamination enclosure system shall consist of a five chamber unit as illustrated in Section 855.Appendix A, Illustration D.

 

5)         A HEPA filtered negative air pressure unit shall be attached to the remote decontamination enclosure system at the equipment room end.  The negative air unit shall be exhausted to the exterior of the building and shall operate in accordance with Section 855.380.

 

6)         The remote decontamination enclosure system shall be wet cleaned after the completion of abatement and have a 12 hour settling period prior to the collection of air samples.

 

7)         One aggressive air sample shall be taken in the equipment room and analyzed by phase contrast microscopy (PCM) for clearance following USEPA Asbestos Hazard Emergency Response Act (AHERA) clearance standards.  If the decontamination enclosure system does not meet clearance requirements, then the above mentioned procedure shall be repeated until clearance is obtained.

 

Section 855.425  Equipment Decontamination Enclosure System

 

The contractor shall provide or construct an equipment decontamination enclosure system consisting of two totally enclosed chambers as follows:

 

a)         The wash room or cleanup room shall be constructed with a curtained doorway to a designated area of the work area and a curtained doorway to the holding area.

 

b)         The holding area shall be constructed with a curtained doorway to the wash room and a lockable door to the exterior of the building.

 

Section 855.430  Separation Barriers

 

a)         Enclosure of Contained Areas

 

1)         Separation barriers may be erected to enclose a work area.

 

2)         Barriers constructed to enclose a contained area shall be of 1/2 inch minimum thickness plywood, gypsum board or similar sheathing material with any framing required to properly support the barriers.  Framing shall be on the outside of the barrier (outside the contained area).  Gypsum board and similar cementitious material shall be protected on the work side from damage from moisture, such as by painting or by covering with polyethylene sheeting.  All seams and edges of the barriers shall be caulked, or the work side of the barrier shall be covered with 2 layers of six mil polyethylene or equivalent sheeting with overlapping seams and taped seams and edges.

 

3)         If the space on the outside of the barrier is not occupied and is secured so that there is no access by building occupants, including custodial and maintenance employees, the barrier may be constructed of lumber or metal framing with a maximum on-center spacing of 24 inches, with two layers of polyethylene sheeting with staggered joints applied to each side of the framing.  Edges and seams must be taped.

 

4)         The work side of the barrier shall be prepared, in accordance with this Section, before any other project activities are begun.

 

b)         Separation of Secured Areas from Occupied Areas

 

1)         Barriers shall be erected by the contractor where necessary to prevent possible access by building occupants to areas where asbestos project activities will occur.

 

2)         Barriers erected to separate occupied areas of the building from secured areas, and that will not serve as containment barriers, shall be constructed of 1/2 inch minimum thickness plywood, gypsum board, or similar sheathing material with sufficient framing to properly support the barrier.

 

3)         The barrier shall extend from the floor level to within six inches of the ceiling, but is not required to exceed a height of eight feet above the floor.

 

4)         If access through the barrier by abatement workers is required, an entrance with a lockable door shall be installed in the barrier.

 

5)         In lieu of separation barriers erected to prevent access to the work area through lockable doors in accordance with subsection (b)(4) above, existing door locks shall be re-cylindered.

 

c)         The contractor shall exercise due caution to prevent disturbance of friable ACBM during the placement of separation barriers.

 

Section 855.440  Maintenance of Decontamination Enclosure Systems and Workplace Barriers

 

a)         Following completion of the construction of all polyethylene barriers and decontamination system enclosures, the contractor, or his designated representative, and project manager shall allow  a minimum of six hours settling time to ensure that barriers will remain intact and secured to walls and fixtures before beginning actual abatement activities.  The negative air pressure equipment shall be in operation during this settling time.

 

b)         All polyethylene barriers inside the work area, in the worker decontamination enclosure system, and in the equipment decontamination enclosure system, and partitions constructed to isolate the work area from occupied areas, shall be inspected by the contractor and project manager at least twice daily.  The barriers shall be inspected before the start of and following the completion of the day's abatement activities.  Inspections and observations shall be documented in all project log books.

 

c)         Damage and defects in the enclosure system shall be repaired upon discovery.

 

d)         Smoke tubes shall be used by the contractor to test the effectiveness of the work area barrier system before abatement work begins and at least once a day thereafter until the work is completed.  The project manager shall observe the test.  Results and observations shall be documented in all project log books.

 

e)         At any time during the abatement activities after barriers have been erected, if visible emissions are observed outside of the work area or if damage occurs to barriers, work shall stop, repairs shall be made to the barriers, and visible residue cleaned up using appropriate HEPA vacuuming and wet mopping procedures prior to resuming abatement activities.

 

f)         The contractor shall HEPA vacuum or wet clean the equipment decontamination enclosure system and the entire worker decontamination enclosure system at the end of each day of abatement activities.

 

g)         If air samples collected outside of the work area during abatement activities indicate airborne fiber concentrations greater than original background levels or 0.01 f/cc as determined by PCM, work shall stop for inspection and repair of barriers.  Cleanup of surfaces outside of the work area using HEPA vacuums or wet cleaning techniques shall be done.  Air sampling shall indicate a fiber concentration less than background levels, or below 0.01 f/cc as determined by PCM, prior to resuming abatement activities. (See Section 855.340(b)(2)(B)(iii).)

 

h)         Negative pressure ventilation equipment shall be installed and operated to provide a minimum of four air changes in the work area every hour.  Openings made in the enclosure system to accommodate these units shall be made airtight with tape and/or caulking.  If more than one ventilation unit is installed, units shall be turned on one at a time while checking the integrity of wall barriers for secure attachment and the need for additional reinforcement.  A power supply shall be available to satisfy the requirements of the ventilating units.  Negative pressure ventilation units shall be exhausted to the outside of the building away from occupied areas.  Twelve inch extension ducting shall be used to reach from the work area to the outside of the building when ducting is required.  Careful installation, air monitoring and daily inspections by the contractor and project manager shall be done to insure that the ducting does not release fibers into uncontaminated building areas.

 

i)          Once constructed and reinforced, and with negative pressure ventilation units in operation, worker and equipment decontamination enclosures shall be tested for leakage by the contractor, utilizing smoke tubes.  The project manager shall observe these tests.  Enclosures shall be repaired or reconstructed as needed.  Results and observations shall  be documented in all project log books.

 

j)          The contractor shall identify and maintain emergency and fire exits from the work area.

 

Section 855.450  Commencement of Work

 

The contractor shall not begin abatement work until the following requirements have been met:

 

a)         Enclosure systems shall be constructed and tested.

 

b)         All pre-abatement submissions, notifications, postings and permits shall be provided and are satisfactory to the project manager.

 

c)         All equipment for abatement, cleanup and disposal shall be on hand.

 

d)         All worker training and licensing shall be completed.

 

e)         Arrangements shall be made for building security.

 

f)         The number of clearance air samples and the specific sample locations shall be established in conjunction with the air sampling professional before abatement activity begins (see Section 855.470).

 

g)         The contractor shall receive written permission from the building owner to commence abatement.  Such written permission shall be submitted to the Department attached with the Notice of Asbestos Abatement Form provided by the Department.

 

h)         The building owner shall notify all parents, faculty and staff of the pending abatement project and notify the contractor with written verification of such notification.  Such written verification shall be submitted to the Department by the contractor attached to the Notice of Asbestos Abatement Form provided by the Department.

 

i)          The contractor shall be responsible for providing personal protection for its employees according to the OSHA Construction Standard 29 CFR 1926.1101 (effective October 11, 1994).

 

Section 855.460  Removal Procedures

 

The contractor shall remove ACBM in accordance with the following procedures:

 

a)         The work area shall be cleaned and isolated in accordance with Sections 855.400, 855.410, 855.420, 855.425, 855.430, 855.440 and 855.450.

 

b)         All ACBM shall be wetted with an amended water solution using equipment capable of providing a fine spray mist in order to reduce airborne fiber concentrations when the material is disturbed.  The material shall be saturated to the substrate; however, excessive water shall not be allowed to accumulate in the work area.  All removed material shall be kept wet enough to prevent fiber release until containerized for disposal.  A high humidity in the work area shall be maintained by misting or spraying to assist in fiber settling and to reduce airborne concentrations.

 

c)         Saturated ACBM shall be removed and containerized before moving to a new location for continuance of work.  Surrounding areas shall be periodically sprayed and maintained in a wet condition until visible material is cleaned up.

 

d)         Material removed from building structures or components shall not be dropped or thrown to the floor.  Material shall be removed as intact sections or components whenever possible and carefully lowered to the floor.  If this cannot be done for materials greater than 50 feet above the floor, a chute which does not allow dust to escape shall be constructed to transport the material to containers on the floor or the materials shall be containerized at elevated levels (e.g., on scaffolds) and carefully lowered to the ground by mechanical means.  Materials between 15 and 50 feet above the ground may be containerized at elevated levels or dropped onto inclined chutes for subsequent collection and containerization.

 

e)         Containers (six mil polyethylene or equivalent labeled bags or labeled drums) shall be sealed when full.  ACBM shall be double bagged when polyethylene bags are used for disposal.  Double bagging shall occur in the work area.  Bags shall not be overfilled.  The bags shall be sealed to prevent accidental opening and leakage by tying the tops in an overhand knot or by taping in gooseneck fashion.  Bags shall not be sealed with wire or cord.  Bags may be placed in drums for staging and transportation to the landfill.  Bags shall be decontaminated on exterior surfaces by wet cleaning before being placed in clean drums and sealed with locking ring tops.

 

f)         Large components shall be wrapped in two layers of six mil polyethylene or equivalent sheeting, secured with tape and labeled ACBM prior to transport to the landfill.

 

g)         Asbestos-containing waste materials with sharp-edged components (e.g., nails, screws, metal lath, tin sheeting, floor tile, and metal ceiling components) which may tear the polyethylene bags or sheeting shall be placed into drums for disposal.  In lieu of disposal drums, floor tile may be wrapped in two layers of reinforced plastic or one layer of burlap and two six mil labeled polyethylene or equivalent bags.

 

h)         After completion of  stripping of ACBM,  surfaces from which asbestos-containing building materials have been removed shall be cleaned (e.g., wet brushed and sponged) to remove all visible residue.

 

Section 855.465          Cleanup Procedures  

 

The contractor shall perform the cleanup in accordance with the following procedures:

 

a)         The negative pressure ventilation units shall remain in continuous operation.

 

b)         Decontamination enclosure systems shall remain in place, remain functional at all times, and be utilized.

 

c)         All visible accumulations of ACBM and asbestos-contaminated debris shall be removed and containerized.  Tools which are not electrically conducting and which have no sharp edges or corners likely to tear containment barriers (e.g., rubber dust pans, rubber squeegees, or plastic shovels) shall be utilized.

 

d)         All containerized waste shall be removed from the work area and the holding area on a daily basis.  The contractor may temporarily store ACBM in large metal, locked dumpsters or an enclosed truck at the abatement site.  At the conclusion of the abatement project, all temporarily stored ACBM shall be removed from the abatement site and be transported to a  regulated landfill location approved for disposal of asbestos-containing waste.

 

e)         The contained area shall be thoroughly cleaned in accordance with the following procedures:

 

1)         First cleaning:  all surfaces in the contained area shall be wet cleaned using rags, mops and sponges.  To pick up excess water and gross wet debris, a wet-dry shop vacuum or HEPA vacuum may be used.  If a vacuum is used, it shall be decontaminated prior to removal from the contained area.  The contractor shall then wait a minimum of 12 hours before proceeding with clean-up.

 

2)         At the conclusion of the 12 hour waiting period, if no water is visible on surfaces, the cleaned first layer of plastic sheeting shall be removed from the walls and floors.  The sheeting shall be folded inward and bagged for disposal.

 

3)         Second cleaning:  the second layer of plastic sheeting and all objects and surfaces in the contained area shall be HEPA vacuumed and/or wet cleaned.  The contractor shall then wait a minimum of 12 hours before proceeding to the next step.

 

4)         If no visible moisture remains on surfaces in the contained area at the conclusion of the 12 hour period, the cleaned second layer of plastic sheeting shall be removed from the walls and floors.  The sheeting shall be folded inward and bagged for disposal.

 

5)         Third cleaning:  windows, doors, HVAC system vents and all other openings shall remain sealed.  All objects and surfaces in the work area shall be HEPA vacuumed and wet cleaned.  The contractor shall wait a minimum of 12 hours drying time before proceeding.

 

6)         If all surfaces in the contained area are dry at the end of the 12 hour period, the contractor shall inspect the contained area for visible residue. If any accumulation of residue is observed, the residue will be assumed to be asbestos and the process described in step 5 shall be repeated.

 

Section 855.470  Clearance Air Monitoring and Analysis

 

a)         Following the completion of Section 855.465, cleanup procedures, the contractor shall notify the project manager that contained areas are ready for clearance air monitoring.

 

b)         The project manager shall conduct a visual inspection of the contained area.  The project manager shall document the findings of the inspection.  If the project manager finds the contained area to be clean, he or she shall then arrange for the air sampling professional to sample the air in the work area and adjacent areas for airborne fiber concentrations.  The air sampling professional shall conduct clearance air monitoring as explained in this Section.

 

c)         Sampling shall not begin until at least 12 hours after wet cleaning has been completed.  Air sampling may not be conducted unless all surfaces in the contained area are dry.

 

d)         The HEPA filtered negative air pressure equipment shall be in operation in the contained area during clearance air monitoring.

 

e)         The air sampling procedures and analysis shall be conducted in accordance with Asbestos Hazard Emergency Response Act (AHERA) (40 CFR 763) and Section 855.170(b)(1) requirements.

 

f)         Air sampling equipment shall be placed randomly in the work areas, but shall not be placed in corners of rooms or near obstructions.

 

g)         The following aggressive sampling techniques shall be used during all clearance air monitoring:

 

1)         Before sampling begins, the exhaust from forced air equipment (such as a one horsepower leaf blower) shall be directed against all walls, ceilings, floors, ledges and other surfaces in the room.  This procedure requires at least five minutes per 1,000 sq. ft. of floor.

 

2)         20-inch fans shall be used for air circulation during the sampling procedure.  The fan exhaust shall be directed toward the ceiling.  The fans shall be operated on the lowest speed setting.  Fans shall be operated in the center of each room where sampling will take place.  At least one fan per 10,000 cubic feet of room space shall be used.

 

h)         The air sampling professional shall report the clearance air monitoring results in writing to the project manager.

 

i)          If the air sampling results indicate a concentration of airborne asbestos fibers in excess of AHERA clearance criteria (70 structures per millimeter squared), the contractor shall re-clean the contained area.  The contractor shall not be released until the contained area meets AHERA clearance criteria.

 

Section 855.475  Disposal Procedures

 

a)         Sealed and labeled containers of asbestos-containing waste material shall be removed and transported to a prearranged disposal location.

 

b)         All dump receipts, trip tickets, transportation manifests and/or other documentation of disposal shall be delivered to the building owner for his records.  A recordkeeping format utilizing a chain-of-custody form shall include the names and addresses of the building owner, contractor, pickup site, disposal site, the estimated quantity of the asbestos waste and the type and number of containers used.  The form shall be signed by the building owner, the contractor, and the disposal site operator, as the material changes custody. If a separate hauler is employed, his name, address, telephone number and signature shall also appear on the form.

 

c)         The contractor shall transport asbestos materials in accordance with the following procedures:

 

1)         Drums, bags and wrapped components that have been removed from the work area shall be loaded into an enclosed truck for transportation.  Cargo areas shall be locked when unattended.

 

2)         The enclosed cargo area of the truck shall be free of debris and lined with six mil polyethylene or equivalent sheeting to prevent contamination from leaking or spilled containers.  Floor sheeting shall be installed first and extend up the side walls.  Wall sheeting shall overlap by six inches and be taped into place.

 

3)         Drums shall be placed on level surfaces in the cargo area and packed tightly together to prevent shifting and tipping.  Large structural components shall not be placed on top of bags of asbestos-containing materials and shall be secured to prevent shifting.  Containers shall not be thrown into the truck cargo area.

 

4)         Personnel loading asbestos-containing waste shall be licensed workers and shall be protected by disposable clothing, including head, body and foot protection and, at a minimum, half-facepiece, air-purifying, dual cartridge respirators equipped with high efficiency HEPA filters.

 

5)         Any debris or residue observed on containers or surfaces outside of the work area resulting from cleanup or disposal activities shall be immediately cleaned up using HEPA filtered vacuum equipment and/or wet methods.

 

6)         Dumpsters or enclosed cargo areas of trucks used for asbestos waste storage or disposal shall be constructed of metal and have metal doors and metal tops that can be closed and locked to prevent vandalism, wind dispersion of asbestos fibers, or other disturbance of bagged asbestos debris.  Unbagged material and nonasbestos waste shall not be placed in these containers.  Bags shall be placed, not thrown, into these containers to avoid splitting.

 

7)         Asbestos-containing waste materials shall be transported directly to the landfill.  Temporary storage at a location other than the abatement project shall not be permitted.

 

d)         The contractor shall dispose of asbestos materials in accordance with the following procedures:

 

1)         Upon reaching the landfill, trucks shall approach the dump location as closely as possible for unloading of the asbestos-containing waste.

 

2)         Bags, drums and components shall be inspected when off-loaded at the disposal site.  Material in damaged containers shall be repacked in empty drums or bags.

 

3)         Waste containers shall be placed on the ground at the disposal site, not pushed or thrown out of trucks (the weight of the wet material could rupture containers).

 

4)         Personnel off-loading containers at the disposal site shall wear protective equipment consisting of disposable head, body and foot protection and, at a minimum, half-facepiece, air-purifying, dual cartridge respirators equipped with high efficiency HEPA filters.

 

5)         Following the removal of all containerized waste, the truck cargo area shall be decontaminated using HEPA vacuums and/or wet methods.  Polyethylene sheeting shall be removed and discarded in bags or drums along with contaminated cleaning materials and protective clothing daily.

 

Section 855.480  Glovebag Procedures

 

Glovebag procedures for repair or removal of pipe insulation shall be conducted using commercially available glovebags of six mil clear polyethylene or equivalent, appropriately sized for the project.  Glovebag procedures for the repair or removal of pipe insulation shall be conducted in a mini-containment area (including the floor) constructed of one layer of six mil polyethylene in the shape of a triangle or rectangle, or the work area shall be prepared according to all parts of Section 855.400, except in lieu of two layers of polyethylene being applied to the walls and floors according to Section 855.400(i), the walls and floors of the work area shall be covered with one layer of six mil polyethylene.  Negative air pressure may be provided by HEPA vacuum cleaning equipment.  The HEPA vacuum exhaust may discharge to the interior or exterior of the building.

 

a)         All necessary tools and materials shall be brought into the work area before the glovebag procedure begins.

 

b)         The air sampling professional shall collect the following air samples in each contained area:

 

1)         One area air sample.

 

2)         One area sample at each discharge from the exhaust of negative pressure ventilation equipment.

 

3)         After the first cleaning, the contractor shall wait a minimum of 12 hours drying time and no visible water or condensation shall remain.   After the second cleaning, the contractor shall wait a minimum of 12 hours drying time and no visible water or condensation shall remain. Final air clearance shall be conducted by the air sampling professional.

 

c)         Glovebag procedures shall be done by a minimum of two licensed asbestos workers trained in glovebag procedures and equipped with full personal protective equipment.  Full personal protective equipment means the entire body is covered with disposable clothing including head, torso, arms, legs and feet. Hands may be left exposed to provide greater mobility.  Respirator protection shall be provided and shall consist of a minimum of an air purifying respirator with a HEPA filter.

 

d)         The outer diameter of pipe insulation to be removed shall not exceed one half of the bag's working length/height above the attached gloves.

 

e)         The bag is to be attached securely around the insulation in a manner to prevent air transfer.

 

f)         The integrity of the glovebag seal shall be smoke tested.  The contents of a smoke tube shall be  injected through the water port access sleeve of the bag.  After twist sealing the access sleeve, the bag shall be squeezed gently to check for leakage points, which are then taped airtight.

 

g)         If the pipe insulation adjacent to the section which will be worked on is damaged, or if the pipe insulation terminates, is jointed, or contains an elbow adjacent to the work section, the adjacent insulation shall be wrapped in six mil polyethylene sheeting and sealed airtight with duct tape.

 

h)         The ACBM within the secured glovebag shall be wetted with amended water prior to removal.

 

i)          After the insulation has been repaired or removed, the unprotected pipe shall be sprayed with amended water and scrubbed with a bristle or nylon brush to remove all visible ACBM.  The pipe, the interior of the bag, the insulation, and the tools shall then be sprayed with amended water.  The enclosed atmosphere shall be misted, and sufficient time shall be allowed for the mist to settle out before breaking the seal to remove the glovebag.

 

j)          Any exposed pipe insulation ends or repairs created by this procedure shall be:

 

1)         sealed with encapsulant prior to bag removal, or

 

2)         thoroughly wetted before bag removal and sealed with wettable cloth end caps and spray glue or any combination of these materials immediately following bag removal.

 

k)         The tools shall be pulled through with one or both glove inserts, thus turning the gloves inside out.  The glove(s) are then twist sealed forming a new pouch, taped and severed mid-seal forming two separate bags.

 

l)          A HEPA vacuum shall be used for evacuation of the glovebag in preparation for removal of the bag from the pipe or duct, for clean-up in the event of a spill, and for post project clean-up.

 

m)        With the glovebag collapsed and the ACBM in the bottom of the bag, the bag shall be twisted several times and taped to seal that section during bag removal.

 

n)         A six mil polyethylene or equivalent in strength bag shall be slipped around the glovebag while it is still attached to the pipe.  The glovebag shall be detached from the pipe.

 

o)         The asbestos-contaminated waste, the clean-up materials, and protective clothing shall be wetted sufficiently, double-bagged minimizing air content, sealed separately, and disposed of in conformance with Section 855.475.

 

p)         The contractor or school (for maintenance employees) shall provide, at a minimum, air purifying respirators with HEPA filters in compliance with OSHA regulations 29 CFR 1926.1101(h) and USEPA regulations 40 CFR 763, Subpart IV.

 

Section 855.490  Response Contractor Indemnification Fund

 

a)         Contracts under the Response Action Contractor Indemnification Act shall be submitted to the Department for review along with the following:

 

1)         A completed Response Contractor Indemnification Worksheet provided by the Department.

 

2)         A listing of all Department licensed asbestos professionals named in the contract, their disciplines, and the Department  I.D. numbers for that discipline.

 

b)         The local educational agency seeking indemnification under the Response Action Contractor Indemnification Act shall submit an amount equal to 5% of the total value of the contract to the Department before the start of the project. The payment shall be delivered to the Division of Environmental Health, Illinois Department of Public Health, 525 West Jefferson, Springfield, IL 62761 along with the contract to be reviewed.  All checks shall be made payable to the Illinois Department of Public Health for deposit into that fund.

 

c)         Approval by the Department of any contract for inclusion in the indemnification fund does not in any way constitute endorsement of the terms of said contract, either legal or technical, nor does it constitute any guarantee by this Department of the contractor's ability to complete the terms of said contract.

 

Section 855.500  Encapsulation Procedures for Schools

 

The contractor shall encapsulate the ACBM in accordance with the following procedures:

 

a)         The work area shall be cleaned and isolated in accordance with Sections 855.400, 855.410, 855.420, 855.425, 855.430, 855.440 and 855.450.

 

b)         Damaged and missing areas of existing materials shall be repaired with nonasbestos-containing substitutes.  The material shall adhere to existing surfaces and provide a base for application of encapsulating agents.

 

c)         Loose or hanging ACBM shall be removed in accordance with the requirements of Section 855.460.

 

d)         The contractor shall field test encapsulants prior to use by applying each to a small area to determine suitability for the material to be encapsulated.

 

e)         Bridging Encapsulants

 

1)         Bridging encapsulants shall be applied to provide the manufacturer's specified number of inches or minimum dry film thickness over sprayed asbestos surfaces.

 

2)         When using a bridging encapsulant, a different color for each coat shall be used.

 

f)         Penetrating Encapsulants

 

1)         Penetrating encapsulants shall be applied to penetrate existing asbestos materials to the substrate.

 

2)         During treatment with a penetrating encapsulant, the contractor shall remove selected random core samples of the ACBM in the presence of the building owner or the project manager to check the depth of penetration.

 

g)         Encapsulants shall be applied using airless spray equipment.

 

h)         Cleanup shall be performed in accordance with Section 855.465.

 

i)          Encapsulated ACBM shall be designated (e.g., labels, signs or color codes) in order to warn building maintenance personnel in the event that encapsulated materials must be disturbed.

 

Section 855.510  Enclosure Procedures for Schools

 

The contractor shall enclose ACBM in accordance with the following procedures:

 

a)         The work area shall be cleaned and isolated in accordance with Sections 855.400, 855.410, 855.420, 855.425, 855.430, 855.440 and 855.450.

 

b)         Areas that may be disturbed during the installation of hangers or other support/framing materials for the enclosure shall be sprayed with amended water.  These areas shall be kept damp to reduce airborne fiber concentrations.

 

c)         Loose and hanging ACBM shall be removed in accordance with the requirements of Section 855.460.

 

d)         After installation of hangers, brackets or other enclosure supports and before installation of enclosure, damaged areas of fireproofing/thermal insulation materials shall be repaired using a nonasbestos-containing replacement material.  Surfaces shall be prepared and replacement material applied in accordance with manufacturer's recommendations.

 

e)         Hand tools used to drill, cut into, or otherwise disturb ACBM during the installation of support systems for the enclosures shall be equipped with HEPA filtered local exhaust ventilation.

 

f)         Enclosure materials shall be impact resistant and provide an airtight barrier once construction is complete (see Section 855.390(i)).

 

g)         Utilities shall be lowered as necessary and reinstalled in a manner which permits proper utilization and does not disturb the integrity of the enclosures.  Utility maintenance shall not require the enclosures to be opened or disturbed.

 

h)         Cleanup shall be in accordance with Section 855.465.

 

i)          Enclosed ACBM shall be designated (e.g., sign, label or color code) in order to warn building maintenance personnel in the event that the enclosure must be disturbed.

 

Section 855.520  Reestablishment of the Work Area and HVAC Systems in Schools

 

The contractor shall reestablish the work area in accordance with the following procedure:

 

a)         Reestablishment of the work area shall only occur following the completion of the cleanup procedures and after clearance air monitoring has been performed and documented to the satisfaction of the school board or building owner.

 

b)         The contractor and building owner shall visually inspect the work area for any remaining visible residue.  Evidence of contamination shall necessitate additional cleaning in accordance with Section 855.465.

 

c)         Additional air monitoring shall be performed in accordance with Section 855.470 if additional cleanup is necessary.

 

d)         Following completion of clearance air monitoring of the work area in accordance with Section 855.470, remaining polyethylene barriers and worker and equipment decontamination enclosure systems shall be removed and disposed of as asbestos-contaminated waste.  Following removal, the entire area, including HVAC filter assembly and duct work, shall be wet cleaned or HEPA vacuumed to remove residual asbestos fibers.

 

e)         Mounted objects removed from former positions during area preparation activities may be resecured.

 

f)         Objects that were removed to temporary locations may be relocated to original positions.

 

g)         New filters shall be installed in HVAC systems, and mechanical and electrical systems shall be reestablished in working order.

SUBPART F: FINES, PENALTIES, ADMINISTRATIVE HEARINGS AND EMERGENCY STOP WORK ORDERS