Document gb4OZK61D9gD1874ngrENZw2N

DRAFT Standards for Satisfactory Participation in the Technical Assistance Program PLAINTIFF'S EXHIBIT I. Inspections USG-I497 A. Local education agencies must inspect each school building which they lease, own, or otherwise use as a school building to locate all friable material. B. School means any public or private day or residential school which provides elementary or secondary education for grade 12 or under as determined under State law, or any school of any agency of the United States (20 U.S.C. 2854) . Note: state law will determine whether kindergardens , nursery schools, or day care centers are considered elementary schools for purposes of this rule. C. Inspection shall include looking for and touching all suspect friable materials, including surfaces behind suspended ceilings and non-permanent structures which may be entered during normal maintenance and repairs, (e.g. access panel for utilities). D. Friable material means any material applied onto ceilings, walls, structural members, piping, ductwork, or any other part of the building structure, which when dry may be crumbled, pulverized or reduced to a powder by hand. Note: A key phrase is "applied onto", not include ceiling tile or flooring! This does n /.Ob2 bTO'.i; 2- - E. The key point to be noted is that material must be friable. An example to note is pipe insulation. If. upon inspection one finds pipe insulation to be exposed or pipe lagging to be deteriorating and the insulation material is friable, adequate steps should be taken to sample and analyze the material to determine if it is asbestos. Intact pipe lagging should not be disturbed. F. Local education authorities that have not inspected schools for possible friable materials on pipe, duct work, or boilers must do so according to this rule. II. Sampling A. If friable materials are found in a school building, at least 3 samples from locations distributed throughout the sampling area must be taken for each distinct type of material found. Each sample must be identified with an identification number unique to the sampling location and building. B. Sampling area means any area, whether contiguous or not, within a school building which contains friable material that is homogenous in texture and appearance. If two areas differ in appearance, the rule requires that 3 /y samples be taken from each area. -r ' C. The requirement that 3 samples be taken-in each area supercedes the recommendation made in the Guidance Document to take 1 sample per 5000 square feet of friable material. " r rr p n t r p TO'-t -3- D. In schools where only 1 or 2 samples were originally obtained, additional samples must be taken to meet the rule requirement of 3 samples for each distinct type of friable material found. E. Sampling locations should be randomly distributed within the sampling areas. Locations should not be selected for convenience or ease of reaching the sample or because the sampler judges the location to be representative. (eg. all samples in a single area] F. Friable materials on pipes and boilers should be considered as distinct areas if they differ in appearance from other friable materials. III. Analysis A. Local education agencies shall have all samples of friable material analyzed for asbestos using Polarized Light Microscopy (?LM), supplemented where necessary by X-Ray Diffraction in accordance with "Interim Method for the Determination of Asbestiform Minerals in Bulk Insulation Samples." Note: Use of alternative detection methods will not qualify the school for compliance. B. A list of laboratories which participate in EPA ' s quality assurance program for analysis o* bulk asbnestos samples may be obtained by calling Research Triangle Institute. (1-800-424-9065) \.;_ t;o i4 2409 3 -4- C. Schools should keep records of all correspondence with laboratories. TV. Warnings and Notifications In schools where friable asbestos-containing materials are present the following notification requirements shall be met: A. Notice to School Employees, (Posting Requirement) 1. Notice to School Employees, EPA form 7730-3, in the final rule shall be posted in the primary administrative and custodial offices and in the faculty common rooms of each school. 2. Content must be identical to EPA Form 7730-3. Copies may be obtained through the Industry Assistance Office ( LAO) EPA headquarters or from regional offices. 800-424-9065 3. Notice shall remain posted indefinately in any school which has triable asbestos containing material. B. Guide for Reducing Asbestos Exposure 1. A copy of the "Guide for Reducing Asbestos Exposure", EPA Form 7730-2 in the Final Rule, shall be distributed to all custodial or maintenance employees. Copies may be obtained from the IAO EPA headquarters, or from regional offices. of hir -5- C. Written notice of location of friable asbestos materials to all building employees. 1. Local education authorities must provide ail persons employed in the school a written notice of the location, by room or building area of all friable asbestos-containing material, in the school. D. Notice to Parent-Teacher Associations 1. Local education authorities shall provide notice of the results of inspections and analyses to the Parent Teacher Association of that school. In addition EPA recommends that the notification include the following statement: "It is important to note that not all friable asbestos containing material need be removed from schools. Once such material has been identified a program can be implemented to ensure that the material is maitained in a good condition.and that appropriate precautions are followed when the material is disturbed for any reason." If there is no PTA for the school the local education authority must notify directly the parents of its pupils. E. The format of the notices in item C and D are at the discretion of the local education authority. r> UT o p: 5 V. Recordkeeping -6- , ' - - , , f 1' < I- ^ ' s'* ' /' " / ( VI. VII. >' i Records in Each School Local education agencies shall compile and maintain in the administrative offices of each school under their authority a record which i nc 1 ud e s: 1. Name and address of the school. 2. List of all school buildings associated with the school, indicate if inspection has been completed, and which buildings contain friable materials. 3. Copies of the Notice to school employees. 4. For schools which contain friable materials: a. A blueprint, diagram, or written description of the building which the location and area in square feet of each sampling area of such material(s), the location samples were taken, and the identification number of each sample, which describes whether each sampling area of friable material contains asbestos, including an estimate of its asbestos content. b. Copies of all laboratory reports. 5. A statement that the requirements of the rule have been satisfied signed by the per son :r esponsibl e for compliance with the rule. .V 6 Records at the Local Education Agency 1. A list of all schools under its authority, indicating whether schools were inspected and which schools contain friable asbestos. 2. A record of the friable materials in schools which were sample! and analyzed, indicating which materials contain asbestos. 3. For each school which contains friable asbestos materials, the total area of such materials in square feet and the number of school employees who regularly work in the school. 4. Form "Inspections for Friable Asbestos Containing Materials a. Each local education agency shall complete and retain in the administrative office of the local education agency EPA Form 7730-1 in the Final Rule "Inspections for Friable AsbestosContaining Materials." b. Copies of this form may be obtained through the Industry Assistance Office EPA headquarters or from regional offices. Copies of the "Guide for Reducing Asbestos Exposure," and one copy of Parts 1 and 2 of the Guidance Document, "Asbestos-Containing Materials in School -Buildings." 8- - VIII. Exemptions A. Exempt From All Provisions of the Rule 1. Schools built after December 31, 1978 2. Schools in which all friable asbestos materials have been eliminated by removal. 3. Schools in which an abatement program has resulted in the elimination of all friable asbestoscontaining by satisfactory encapsulation. a. Satisfactory encapsulation infers that the material is completely encapsulated, no longer i'.' \ exposed, able to release asbestos fibers, nor friabl e . ^ ' n- ,. , b. In many cases sprayed on friable asbestos material cannot be satisfactorily encapsulated; especially material which appears fluffy or similar to cotton candy B. Exempt from Inspection, Sampling, and Analysis 1. Schools which prior to the effective date of the rule visually inspected all areas of the school for friable material 2. Schools which sampled each distinct type of friable material according to the rule requirement of 3 samples per distinct area. ' . jh h T td fTO 8 -9- 3. School had the^samples analyzed using Polarized Light Microscopy supplemented by X-Ray Diffraction where necessary, or by Electron Microscopy. 4. If a school building was found to contain friable asbestos-containing materials, then the recordkeeping and notification requirements of the Rule shall apply to the local education authority. C. Certification Requirement 1. If a school inspected, sampled, and analyzed for friable asbestos containing materials prior to the effective date of the rule and found none, the school is exempt from the recordkeeping and notification requirements of the Rule. However, schools shall retain a copy of all laboratory reports and all correspondence with laboratories concerning the analyses of samples taken and maintain in the record a certifying' statement that the building contains no friable asbestos materials. The required certifying statement can be found in 763.117(a) (3). 2. Schools which can document that no friable asbestos containing building materials were used in construction, modification, or renovation are exempt from the rule. Documentation must clearly show that any friable. material used did not contain asbestos. A certifying statement to this effect must be maintained in the schools record. The required certifying statementcan "oe found in 763.117{b)92). 9 h i OSD -103. School records shall contain the following certifying statement, signed and dated by the responsible official: "I herebt certify that this school to the best of my knowledge, does not contain friable asbestos-containing materials. 10 CS014 2 4 16