NYC 9/11 Public Portal Document
§763.83 40 CFR Ch. I (7-1-00 Edition)
recordkeeping requirements. Local neous ACM that is found in or on inte
education agencies may contractually rior structural members or other parts
delegate their duties under this rule, of a school building.
but they remain responsible for the Asbestos debris means pieces of ACBM
proper performance of those duties. that can be identified by color, texture,
Local education agencies are encour or composition, or means dust, if the
aged to consult with EPA Regional As dust is determined by an accredited in
bestos Coordinators, or If applicable, a spector to be ACM.
State's lead agency designated by the Damaged friable miscellaneous ACM
State Governor, for assistance In com means friable miscellaneous ACM
plying with this rule. which has deteriorated or sustained
(b) Local education agencies must physical injury such that the internal
provide for the transportation and dis structure (cohesion) of the material is
posal of asbestos in accordance with inadequate or, if applicable, which has
EPA’s “Asbestos Waste Management deltiminated such that its bond to the
Guidance.” For convenience, applicable substrate (adhesion) is inadequate or
sections of this guidance tire reprinted which for any other reason lacks flber
as Appendix D of this subpart. There cohesion or adhesion qualities. Such
are regulations in place, however, that damage or deterioration may be illus
affect transportation and disposal of trated by the separation of ACM into
asbestos waste generated by this rule. layers: separation of ACM from the
The transportation of asbestos waste is substrate: flaking, blistering, or crum
covered by the Department of Trans bling of the ACM surface: water dam
portation (49 CFR part 173, subpart J) age: significant or repeated water
and disposal is covered by the National stains, scrapes, gouges, mars or other
Emissions Standards for Hazardous Air signs of physical injury on the ACM.
Pollutants (NESHAP) (40 CFR part 61, Asbestos debris originating from the
subpart M), ACBM in question may also indicate
damage.
§763.88 Definitions. Damaged Hiable surfacing ACM means
For purposes of this subpart: friable surfacing ACM which has dete
Act means the Toxic Substances Con riorated or sustained physical irijury
trol Act (TSCA), 15 U.S.C. 2601, et seg. such that the internal structure (cohe
Accessible when referring to ACM sion) of the material is inadequate or
means that the material is subject to which has delaminated such that its
disturbtmce by school building occu bond to the substrate (adhesion) Is In
pants or custodial or maintenance per adequate. or which, for any other rea
sonnel in the course of their normal ac son, lacks fiber cohesion or adhesion
tivities. qualities. Such damage or deteriora
Accredited or accreditation when refer tion may be illustrated by the separa
ring to a person or laboratory means tion of ACM into layers: separation of
that such person or laboratory is ac ACM from the substrate: flaking, blis
credited in accordance with section 206 tering, or crumbling of the ACM sur
of Title II of the Act. face: water damage: significant or re
Air erosion means the passage of air peated water stains, scrapes, gouges,
over friable ACBM which may result In mars or other signs of physical injury
the release of asbestos fibers. on the ACM. Asbestos debris origi
Asbestos means the asbestiform vari nating from the ACBM in question may
eties of: Chrysotile (serpentine): cro also indicate damage.
cidolite (riebeckite): amosite (cum Damaged or significantly damaged ther
mingtonitegrunerite) : anthophyllite: mal system insulation ACM means ther
tremolite: and actinolite. mal system insulation ACM on pipes,
Asbestos-containing material (ACM) boilers, tanks, ducts, and other ther
when referring to school buildings mal system insulation equipment
means any material or product which where the insulation has lost its struc
contains more than 1 percent asbestos. tural integrity, or its covering, in
Asbestos-containing building material whole or In part, is crushed, water-
(ACBM) means surfacing ACM. thermal stained, gouged, punctured, missing, or
system Insulation ACM, or miscella- not Intact such that it is not able to
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