NYC 9/11 Public Portal Document
Environmental Protection Agency §763.85
State regulations (e.g., the Occupa fore October 12, 1988. local education
tional Safety and Health Administra agencies shall Inspect each school
tion asbestos standard for construc building that they lease, own, or other
tion, the EPA worker protection rule, wise use as a school building to iden
or applicable State regulations). tify all locations of friable and nonfri-
(c) Ensure that workers and building able ACBM.
occupants, or their legal guardians, are (2) Any building leased or acquired on
informed at least once each school year or after October 12, 1988, that is to be
about inspections, response actions, used as a school building shall be in
and post-response action activities, in spected as described under paragraphs
cluding periodic reinspection and sur (a) (3) and (4) of this section prior to
veillance activities that are planned or use as a school building. In the event
in progress. that emergency use of an uninspected
(d) Ensure that short-term workers building as a school building is neces
(e.g.. telephone repair workers, utility sitated, such buildings shall be in
workers, or exterminators) who may spected within 30 days after commence
come in contact with asbestos in a ment of such use.
school are provided information re (3) Each inspection shall be made by
garding the locations of ACBM and sus an accredited inspector.
pected ACBM assumed to be ACM. (4) For each area of a school building,
(e) Ensure that warning labels are except as excluded under §763.99, each
posted in accordance with §763.95. person performing an inspection shall:
(f) Ensure that management plans (i) Visually Inspect the area to iden
are available for inspection and notifi tify the locations of all suspected
cation of such availability has been ACBM.
provided as specified in the manage (ii) Touch all suspected ACBM to de
ment plan under § 763.93(g). termine whether they are friable.
(g)(1) Designate a person to ensure
that requirements under this section (ill) Identify till homogeneous areas
are properly implemented. of friable suspected ACBM and all ho
(2) Ensure that the designated person mogeneous areas of nonfrlable sus
receives adequate training to perform pected ACBM.
duties assigned under this section. (iv) Assume that some or all of the
Such training shall provide, as nec homogeneous areas are ACM, and, for
essary, basic knowledge of: each homogeneous area that is not as
(i) Health effects of asbestos. sumed to be ACM, collect and submit
(11) Detection, identification, and as for analysis bulk samples under
sessment of ACM. §§763.86 and 763.87.
(ill) Options for controlling ACBM. (v) Assess, under §763.88, friable ma
(iv) Asbestos management programs. terial in areas where samples are col
(v) Relevant Federal and State regu lected, friable material in areas that
lations concerning asbestos, including are assumed to be ACBM, and friable
those in this subpart E and those of the ACBM Identified during a previous in
Occupational Safety and Health Ad spection.
ministration, U.S. Department of (vi) Record the following and submit
Labor, the U.S. Department of Trans to the person designated under §763.84
portation and the U.S. Environmental a copy of such record for inclusion in
Protection Agency. the management plan within 30 days of
(h) Consider whether any conflict of the inspection;
Interest may arise from the inter (A) An Inspection report with the
relationship among accredited per date of the inspection signed by each
sonnel and whether that should influ accredited person making the inspec
ence the selection of accredited per tion, State of accreditation, and if ap
sonnel to perform activities under this plicable, his or her accreditation num
subpart. ber.
(B) An inventory of the locations of
§ 763.83 Inspection and reinspections. the homogeneous areas where samples
(a) Inspection. (1) Except as provided are collected, exact location where
in paragraph (a)(2) of this section, be- each bulk sample is collected, dates
653
NYC-WTC_000139268
OCR can misread numbers and units. Confirm readings against the page image before using them.