NYC 9/11 Public Portal Document
Environmental Protection Agency §763.90
Isolation is not necessary to protect (i) Completion of response actions. (1)
human health and the environment. At the conclusion of any action to re
(2) Remove the material in the func move, encapsulate, or enclose ACBM or
tional space or. depending upon wheth material assumed to be ACBM, a per
er enclosure or encapsulation would be son designated by the local education
sufficient to protect human health and agency shall visually inspect each
the environment, enclose or encap functioned space where such action was
sulate. conducted to determine whether the
(e) If any friable surfacing ACM, action has been properly completed.
thermal system insulation ACM, or fri (2) (1) A person designated by the local
able miscellaneous ACM that has po education agency shall collect air sam
tential for damage is present in a ples using aggressive sampling as de
building, the local education agency scribed in appendix A to this subpart E
shall at least Implement an operations to monitor air for clearance after each
and maintenance (O&M) program, as removal, encapsulation, and enclosure
described under §763.91, project Involving ACBM, except for
(f) If any friable surfacing ACM, ther projects that are of small-scale, short-
mal system insulation ACM, or friable duration,
(11) Local education agencies shall
miscellaneous ACM that has potential have air samples collected under this
for significant damage is present in a section analyzed for asbestos using lab
building, the local education agency oratories accredited by the National
shall: Bureau of Standards to conduct such
(1) Implement an O&M program, as analysis using transmission electron
described under §763.91. microscopy (TEM) or, under cir
(2) Institute preventive measures ap cumstances permitted in this section,
propriate to eliminate the reasonable laboratories enrolled in the American
likelihood that the ACM or its covering Industrial Hygiene Association Pro
will become significantly damaged, de ficiency Analytical Testing Program
teriorated, or delaminated. for phase contrast microscopy (PCM).
(3) Remove the material as soon as (ill) Until the National Bureau of
possible if appropriate preventive Standards TEM laboratory accredita
measures cannot be effectively imple tion progreim is operational, local edu
mented, or unless other response ac cational agencies shall use laboratories
tions 2ire determined to protect human that use the protocol described in ap
health and the environment. Imme pendix A to subpart E of this part.
diately isolate the area and restrict ac (3) Except as provided in paragraphs
cess if necessary to avoid an imminent (1)(4), and (i)(5), of this section, an ac
and substantial endangerment to tion to remove, encapsulate, or enclose
human health or the environment. ACBM shall be considered complete
(g) Response actions including re when the average concentration of as
moval, encapsulation, enclosure, or re bestos of five air samples collected
pair, other than small-scale, short-du within the affected functional space
ration repairs, shall be designed and and analyzed by the TEM method In
conducted by persons accredited to de appendix A of this subpart E, is not
sign and conduct response actions. statistically significantly different, as
(h) The requirements of this subpart determined by the Z-test calculation
E in no way supersede the worker pro found in appendix A of this subpart E,
tection and work practice require from the average asbestos concentra
ments under 29 CFR 1926.58 (Occupa tion of five air samples collected at the
tional Safety and Health Administra same time outside the affected func
tion (OSHA) asbestos worker protec tional space and analyzed in the same
tion standards for construction), 40 manner, and the average asbestos con
CFR part 763, subpart G (EPA asbestos centration of the three field blanks de
worker protection standards for public scribed in appendix A of this subpart E
employees), and 40 CFR part 61, sub is below the filter background level, as
part M (National Emission Standards defined In appendix A of this subpart E,
for Hazardous Air Pollutants—Asbes of 70 structures per square millimeter
tos). (70 s/mm^).
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