Forwarding WTC air monitoring scope for final review, Aug 2002

NYC 9/11 Public Portal Document

§763.91 40 CFR Ch. I (7-1-00 Edition) (4) An action may also be considered erence was approved by the Director of complete if the volume of air drawn for the Federal Register in accordance each of the five samples collected with­ with 5 U.S.C. 552(a) and 1 CFR part 51. in the affected functional space is The method Is Incorporated as It exists equal to or greater than 1,199 L of air on the effective date of this rule, and a for a 25 mm filter or equal to or greater notice of any change to the method than 2,799 L of air for a 37 mm filter, will be published in the Federal Reg­ and the average concentration of asbes­ ister. tos as analyzed by the TEM method in (6) To determine the amount of appendix A of this subpart E, for the ACBM affected under paragraph (i)(5) five air samples does not exceed the fil­ of this section, the local education ter background level, as defined in ap­ agency shall add the total square or pendix A, of 70 structures per square linear footage of ACBM within the con­ millimeter (70 s/mm^). If the average tainment barriers used to Isolate the concentration of asbestos of the five functional space for the action to re­ air samples within the affected func­ move, encapsulate, or enclose the tional space exceeds 70 s/mm 2, or if the ACBM, Contiguous portions of material volume of air in each of the samples is subject to such action conducted con­ less them 1,199 L of air for a 25 mm fil­ currently or at approximately the ter or less than 2,799 L of air for a 37 same time within the same school mm filter, the action shall be consid­ building shall not be separated to qual­ ered complete only when the require­ ify under paragraph (1)(5), of this sec­ ments of paragraph (i)(3) or (i)(5), of tion. this section are met. [52 FR 41846. Oct. 30, 1987, as amended at 53 (5) At any time, a local education FR 12525, Apr. 15. 1988; 60 FR 31922, June 19, agency may analyze air monitoring 1995; 60 FR 34465, July 3, 1995] samples collected for clearance pur­ poses by phase contrast microscopy § 763.91 Operations and maintenance. (PCM) to confirm completion of re­ (a) Applicability. The local education moval, encapsulation, or enclosure of agency shall implement an operations, ACBM that is greater them small-scale, maintenance, and repair (O&M) pro­ short-duration and less than or equal gram under this section whenever any to 160 square feet or 260 linear feet. The friable ACBM is present or assumed to action shall be considered complete be present in a building that It leases, when the results of samples collected owns, or otherwise uses as a school in the affected functional space and building. Any material identified as tinalyzed by phase contrast microscopy nonfrlable ACBM or nonfriable as­ using the National Institute for Occu­ sumed ACBM must be treated as friable pational Safety and Health (NIOSH) ACBM for purposes of this section Method 7400 entitled “Fibers” pub­ when the material is about to become lished in the NIOSH Manual of Analyt­ friable as a result of activities per­ ical Methods, 3rd Edition, Second Sup­ formed in the school building. plement, August 1987, show that the (b) Worker protection. The protection concentration of fibers for each of the provided by ERA at 40 CFR 763.121 for five samples is less than or equal to a worker protection during asbestos limit of quantitation for PCM (0.01 fi­ abatement projects Is extended to em­ bers per cubic centimeter (0.01 f/cm’) of ployees of local education agencies who air). The method is available for public perform operations, maintenance, and inspection at the Office of the Federal repair (O&M) activities involving ACM Register, 800 North Capitol Street, NW, and who are not covered by the OSHA Suite 700, Washington. DC, 20408, and asbestos construction standard at 29 the Non-Confldential Information Cen­ CFR 1926.58 or an asbestos worker ap­ ter (NCIC) (7407), Office of Pollution proved by OSHA under section 19 of the Prevention and Toxics, U.S. Environ­ Occupational Safety and Health Act. mental Protection Agency, Room B-607 Local education agencies may consult NEM, 401 M Street, SW., Washington, appendix B of this subpart if their em­ DC, 20460, between the hours of 12 p.m. ployees are performing operations, and 4 p,m. weekdays excluding legal maintenance, and repair activities that holidays. This incorporation by ref­ are of small-scale, short-duration.

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NYC-WTC_000139273