Forwarding WTC air monitoring scope for final review, Aug 2002

NYC 9/11 Public Portal Document

§763.99 40 CFR Ch. I (7-1-00 Edition) and, within 30 days after such deter­ termination, submit a copy of the mination, submit a copy of the state­ statement to the person designated ment to the person designated under under §763.84 for inclusion in the man­ §763,84 for inclusion in the manage­ agement plan. However, an accredited ment plein. However, tin accredited in­ inspector shall identify whether mate­ spector shall identify whether material rial that was nonfrlable suspected that was nonfrlable has become friable ACBM assumed to be ACM has become since that previous inspection and friable since the previous inspection shall assess the newly-frlable ACBM and shall assess the newly friable ma­ under §763,88. terial and previously identified friable (3) Based on sampling records and in­ suspected ACBM assumed to be ACM spection records, an accredited inspec­ under §763,88. tor has determined that no ACBM is (6) Based on inspection records and present in the homogeneous or sam­ contractor and clearance records, an pling area and the records show that accredited inspector has determined the area was sampled, before December that no ACBM is present in the homo­ 14, 1987 in substantial compliance with geneous or sampling area where asbes­ §763.85(a), which for purposes of this tos removal operations have been con­ section means in a random manner and ducted before December 14, 1987, and with a sufficient number of samples to shall sign and date a statement to that reasonably ensure that the area is not effect and include his or her State of ACBM. accreditation and, if applicable, accred­ (1) The accredited inspector shall itation number. The local education sign and date a statement, with his or agency shall submit a copy of the her State of accreditation and if appli­ statement to the EPA Regional Office cable, accreditation number that the and shall include the statement in the homogeneous or sampling area deter­ management plan for that school. mined not to be ACBM was sampled in (7) An architect or project engineer substantial compliance with §763,85(a). responsible for the construction of a (11) Within 30 days after the inspec­ new school building built after October tor’s determination, the local edu­ 12, 1988, or an accredited inspector cation agency shall submit a copy of signs a statement that no ACBM was the inspector’s statement to the EPA specified as a building material in any Regional Office and shall include the construction document for the build­ statement in the management plan for ing, or, to the best of his or her knowl­ that school. edge, no ACBM was used as a building (4) The lead agency responsible for material in the building. The local edu­ asbestos Inspection in a State that has cation agency shall submit a copy of been granted a waiver from §763.85 (a) the signed statement of the architect, has determined that, based on sam­ project engineer, or accredited inspec­ pling records and Inspection records, tor to the EPA Regional Office and no ACBM is present in the homo­ shall include the statement in the geneous or sampling area and the management plan for that school. records show that the area was sam­ (b) The exclusion, under paragraphs pled before December 14, 1987, in sub- (a) (1) through (4) of this section, from sttintial compliance with §763.85(a). conducting the inspection under Such determination shall be included §763,85(a) shall apply only to homo­ in the management plan for that geneous or sampling areas of a school school. building that were Inspected and sam­ (5) An accredited inspector has deter­ pled before October 17, 1987. The local mined that, based on records of an in­ education agency shall conduct an in­ spection conducted before December 14, spection under § 763.85(a) of all areas in­ 1987, suspected ACBM Identified in that spected before October 17, 1987, that homogeneous or sampling area is as­ were not sampled or were not assumed sumed to be ACM. The inspector shall to be ACM, sign and date a statement to that ef­ (c) If ACBM is subsequently found in fect, with his or her State of accredita­ a homogeneous or sampling area of a tion and if applicable, accreditation local education agency that had been number and, within 30 days of such de­ identified as receiving an exclusion by

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