NYC 9/11 Public Portal Document
§763.90 40 CFR Ch. I <7-1-00 Edition)
(1) Damaged or significantly dam 8763.90 Response actions.
aged thermal system insulation ACM. (a) The local education agency shall
(2) Damaged friable surfacing ACM. select and Implement in a timely man
(3) Significantly damaged friable sur ner the appropriate response actions in
facing ACM. this section consistent with the assess
(4) Damaged or significantly dam ment conducted in §763.88. The re
aged friable miscellaneous ACM. sponse actions selected shall be suffi
(5) ACBM with potential for damage. cient to protect human health and the
(6) ACBM with potential for signifi environment. The local education
cant damage. agency may then select, from the re
(7) Any remaining friable ACBM or sponse actions which protect human
friable suspected ACBM. health and the environment, that ac
(c) Assessment may Include the fol tion which is the least burdensome
lowing considerations: method. Nothing in this section shall
(1) Location and the amount of the be construed to prohibit removal of
material, both in total quantity and as ACBM from a school building at any
a percentage of the functional space. time, should removal be the preferred
(2) Condition of the material, speci response action of the local education
fying: agency.
(i) Type of damage or significant (b) If damaged or significantly dam
damage (e.g., flaking, blistering, water aged thermal system insulation ACM is
damage, or other signs of physical present in a building, the local edu
damage). cation agency shall:
(ii) Severity of damage (e.g., major (1) At least repair the damaged area.
flaking, severely tom Jackets, as op (2) Remove the damaged material if
posed to occasional flaking, minor it is not feasible, due to technological
tears to Jackets). factors, to repair the damage.
(iii) Extent or spread of damage over (3) Maintain all thermal system insu
large areas or large percentages of the lation ACM and its covering in an in
homogeneous area. tact state and undamaged condition.
(3) Whether the material is acces (c)(1) If damaged friable surfacing
sible. ACM or damaged friable miscellaneous
(4) The material’s potential for dis ACM is present in a building, the local
turbance. education agency shall select from
(5) Known or suspected causes of among the following response actions:
damage or significant damage (e.g., air encapsulation, enclosure, removal, or
erosion, vandalism, vibration, water). repair of the damaged material.
(6) Preventive measures which might (2) In selecting the response action
eliminate the reasonable likelihood of from among those which meet the defi
undamaged ACM from becoming sig nitional standards in §763.83, the local
nificantly damaged. education agency shall determine
(d) The local education agency shall which of these response actions pro
select a person accredited to develop tects human health and the environ
management plans to review the re ment. For purposes of determining
sults of each inspection, reinspection, which of these response actions are the
and assessment for the school building least burdensome, the local education
and to conduct any other necessary ac agency may then consider local cir-
tivities in order to recommend in writ cumsttinces, including occupancy and
ing to the local education agency ap use patterns within the school build
propriate response actions. The accred ing, and its economic concerns, includ
ited person shall sign and date the rec ing short- and long-term costs.
ommendation, provide his or her State (d) If significantly damaged friable
of accreditation, and, if applicable, pro surfacing ACM or significantly dam
vide his or her accreditation number, aged friable miscellaneous ACM is
and submit a copy of the recommenda present In a building the local edu
tion to the person designated under cation agency shall:
§763.84 for inclusion in the manage (1) Immediately isolate the func
ment plan. tional space and restrict access, unless
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