reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 453 - HAWAII EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT › Subchapter 10 - ENFORCEMENT › Section 11-453-38 - Inspection procedures

Current through June, 2024
(a) Officials of
				  the department are authorized to enter during normal operating hours any
				  facility or other area of a facility; to inspect and investigate during normal
				  operating hours within reasonable limits and in a reasonable manner, any such
				  facility; and to review records which are directly related to the purpose of
				  the inspection.
(b) Officials of
				  the department may perform unannounced inspections at a facility or provide
				  notice to the owner or operator of a facility prior to performing the
				  inspection.
(c) Upon a refusal to
				  permit officials of the department, in exercise of his or her official duties,
				  to enter a facility during normal business hours, to inspect, to review
				  records, or to question any owner operator, or employee of the facility, the
				  department shall take appropriate action, including compulsory process, if
				  necessary. The term compulsory process shall mean the institution of any
				  appropriate action, including ex parte application for an inspection warrant or
				  its equivalent.
(d) Any permission
				  by an owner or operator to enter, insect, review records, or question any
				  person, shall not imply or be conditioned upon a waiver of any cause of action,
				  civil administrative order, or penalty under chapter 128E, HRS.
(e) Officials of the department shall have
				  authority to take or obtain photographs and copies of documents related to the
				  purpose of the inspection.
(f)
				  Officials of the department shall have the authority to privately question an
				  owner, operator, or employee of a facility concerning matters regarding the
				  Hawaii Emergency Planning and Community Right-to-Know Act to the extent they
				  deem necessary for the conduct of an effective and thorough
				  inspection.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-1 - Purpose

Current through June, 2024
The purpose of this chapter is to define the minimum
				  requirements for the processing, handling, and disposal of asbestos-containing
				  material. It is also the purpose of this chapter to protect the general public
				  by minimizing the release of asbestos fibers when facilities that contain
				  asbestos-containing materials are demolished or renovated.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-3 - References

Current through June, 2024
The following recommended references incorporate additional
				  precautions against potential hazards and subsequent liabilities associated
				  with asbestos exposure:
(1) 4 0 CFR
				Part 763, Subpart E, Appendix D, Transport and Disposal of Asbestos Waste,
				October 30, 1987.
(2) 4 0 CFR Part
				763, Subpart E, Appendix E, Section I, Polarized Light Microscopy, May 27,
				1982.
(3) 4 0 CFR Part 61, Appendix
				A, Compliance Status Information, November 20, 1990.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-4 - Standard for asbestos mills

Current through June, 2024
(a) Each owner or
				operator of an asbestos mill shall discharge no visible emissions to the
				outside air from that asbestos mill, including fugitive sources, and shall use
				the methods specified by section 11-501-14 to clean emissions containing
				particulate asbestos material before they escape to, or are vented to, the
				outside air.
(b) Each owner or
				operator of an asbestos mill shall meet the following requirements:
(1) Monitor each potential source of asbestos
				emissions from any part of the mill facility, including air cleaning devices,
				process equipment and buildings that house equipment for material processing
				and handling, at least once each day, during daylight hours, for visible
				emissions to the outside air during periods of operation. The monitoring shall
				be by visual observation of at least fifteen seconds duration per source of
				emissions;
(2) Inspect each air
				cleaning device at least once each week for proper operation and for changes
				that signal the potential for malfunction, including, to the maximum extent
				possible without dismantling other than opening the device, the presence of
				tears, holes and abrasions in filter bags and for dust deposits on the clean
				side of bags. For air cleaning devices that cannot be inspected on a weekly
				basis according to this paragraph, submit to the director, and revise as
				necessary, a written maintenance plan to include, at a minimum, the following:
(A) Maintenance schedule;
(B) Work to be performed; and
(C) Recordkeeping plan;
(3) Maintain records of the results of
				visible emissions monitoring and air cleaning device inspections using a format
				similar to that shown in Figure 1, entitled "Record of Visible Emissions" and
				Figure 2, entitled "Air Cleaning Device Inspection Checklist", both dated June
				1, 1998, located at the end of this chapter, and include the following:
(A) Date and time of each
				inspection;
(B) Presence or absence
				of visible emissions;
(C) Condition
				of fabric filters, including tears, holes, and abrasions;
(D) Presence of dust deposits on the clean
				side of fabric filters;
(E) A brief
				description of corrective actions taken, including date and time; and
(F) Daily hours of operation for each air
				cleaning device;
(4)
				Furnish upon request, and make available at the affected facility during normal
				business hours for inspection by the department, all records required under
				this section;
(5) Retain a copy of
				all monitoring and inspection records for at least two years; and
(6) Submit quarterly a copy of visible
				emission monitoring records to the director if visible emissions occurred
				during the report period. Quarterly reports shall be postmarked by the
				thirtieth day following the end of the calendar quarter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-5 - Standard for roadways

Current through June, 2024
No person shall construct or maintain a roadway with
				  asbestos tailings or asbestos-containing waste material on that roadway, except
				  for asbestos tailings if encapsulated in asphalt concrete meeting the
				  specifications contained in Section 401 of Standard Specifications for
				  Construction of Roads and Bridges on Federal Highway Projects, FP-85, 1985, or
				  their equivalent.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-6 - Standard for manufacturing

Current through June, 2024
(a) This section
				applies to the following manufacturing operations using commercial asbestos for
				the manufacture of:
(1) Cloth, cord, wicks,
				tubing, tape, twine, rope, thread, yarn, roving, lap, or other textile
				materials;
(2) Cement
				products;
(3) Fireproofing and
				insulating materials;
(4) Friction
				products;
(5) Paper, millboard, and
				felt;
(6) Floor tile;
(7) Paints, coatings, caulks, adhesives, and
				sealants;
(8) Plastics and rubber
				materials;
(9) Chlorine utilizing
				asbestos diaphragm technology;
(10)
				Shotgun shell wads; and
(11)
				Asphalt concrete.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-7 - Standard for demolition and renovation

Current through June, 2024
(a) To determine
				which requirements of this section apply to the owner or operator of a
				demolition or renovation activity, and prior to the commencement of any
				demolition or renovation, thoroughly inspect the affected facility or part of
				the facility where the demolition or renovation operation will occur for the
				presence of asbestos, including category I and category II nonfriable ACM. This
				survey shall be performed by a person who is certified pursuant to chapter
				11-504. The inspector shall include sampling and laboratory analysis of the
				asbestos content of all suspected ACM, unless all suspect material is treated
				as asbestos-containing and will be handled in accordance with this chapter.
				Sampling shall include at least three samples from each homogeneous area to be
				disturbed. The requirements of subsections (b) and (c) apply to each owner or
				operator of a demolition or renovation activity, including the removal of RACM
				as follows:
(1) In a facility being
				demolished, all the requirements of subsections (b) and (c) apply, except as
				provided in subsection (a)(3), if the combined amount of RACM is:
(A) At least eighty linear meters (or two
				hundred sixty linear feet) on pipes or at least fifteen square meters (or one
				hundred sixty square feet) on other facility components; or
(B) At least one cubic meter (or thirty-five
				cubic feet) off facility components where the length or area could not be
				measured previously;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-8 - Standard for spraying

Current through June, 2024
The owner or operator of an operation in which
				  asbestos-containing materials are spray applied shall comply with the following
				  requirements:
(1) For spray-on
				application on buildings, structures, pipes, and conduits, do not use material
				containing more than one per cent asbestos as determined using the method
				specified in 40 CFR part 763, subpart E, appendix E, section I, entitled
				"Polarized Light Microscopy," dated May 27, 1982, except as provided in
				paragraph (3);
(2) For spray-on
				application of materials that contain more than one per cent asbestos as
				determined using the method specified in 40 CFR part 763, subpart F, appendix
				A, section I, entitled "Polarized Light Microscopy," dated May 27, 1982, on
				equipment and machinery, except as provided in paragraph (3):
(A) Notify the director at least twenty days
				before beginning the spraying operation. Include the following information in
				the notice:
(i) Name and address of owner or
				operator;
(ii) Location of spraying
				operation; and
(iii) Procedures to
				be followed to meet the requirements of this paragraph; and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-9 - Standard for fabricating

Current through June, 2024
(a) This section
				applies to the following fabricating operations using commercial asbestos for
				the fabrication of:
(1) Cement building
				products;
(2) Friction products,
				except those operations that primarily install asbestos friction materials on
				motor vehicles; and
(3) Cement or
				silicate board for ventilation hoods; ovens; electrical panels; laboratory
				furniture, bulkheads, partitions, and ceilings for marine construction; and
				flow control devices for the molten metal industry.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-10 - Standard for insulating materials

Current through June, 2024
No owner or operator of a facility may install or reinstall
				  on a facility component any insulating materials that contain commercial
				  asbestos if the materials are either molded and friable or wet-applied and
				  friable after drying. The provisions of this section do not apply to
				  spray-applied insulating materials regulated by section
				  11-501-8.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-11 - Standard for waste disposal for asbestos mills

Current through June, 2024
(a) Deposit
				all asbestos-containing material at a waste disposal site operated in
				accordance with the provisions of section 11-501-16.
(b) Discharge no visible emissions to the
				outside air from the transfer of control device asbestos waste to the tailings
				conveyor and use the methods specified by section 11-501-14 to clean emissions
				containing particulate asbestos material before they escape to, or are vented
				to, the outside air. Dispose of the asbestos waste from control devices in
				accordance with section 11-501-12 or subsection (c).
(c) Discharge no visible emissions to the
				outside air during the collection, processing, packaging, or on-site
				transportation of any asbestos-containing waste material and use one of the
				methods specified by paragraphs (1) or (2) as follows:
(1)
(A)
				Discharge no visible emissions to the outside air from the wetting operation
				and use the methods specified by section 11-501-14 to clean emissions
				containing particulate asbestos material before they escape to, or are vented
				to, the outside air; and
(B)
				Wetting may be suspended when the ambient temperature at the waste disposal
				site is less than -9.5°C (15°F) , as determined by an appropriate
				measurement method with an accuracy of ± 1°C (±2°F).
				During periods when wetting operations are suspended, the temperature must be
				recorded at least at hourly intervals, and records must be retained for at
				least two years in a form suitable for inspection; or
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-12 - Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations

Current through June, 2024
Each owner or operator of any source regulated by the
				  provisions of sections
				  11-501-6,
				  11-501-7,
				  11-501-8, and
				  11-501-9 shall:
(1) Discharge no visible emissions to the
				outside air during the collection, processing (including incineration),
				packaging, or transporting of any asbestos-containing waste material generated
				by the source, and use one of the emission control and waste treatment methods
				specified in subparagraphs (A) through (D):
(A) Adequately wet asbestos-containing waste
				material as follows:
(i) Mix control device
				asbestos waste to form a slurry; adequately wet other asbestos-containing waste
				material;
(ii) Discharge no visible
				emissions to the outside air from collection, mixing, wetting, and handling
				operations, and meet the containment requirements specified in section
				11-501-7(c)(6)(E), using the methods specified by section 11-501-14 to clean
				emissions containing particulate asbestos material before they escape to, or
				are vented to, the outside air;
(iii) After wetting, and while still
				adequately wet, promptly seal all asbestos-containing waste material in
				leak-tight containers; or, for materials that will not fit into containers
				without additional breaking, put materials into leak-tight wrapping. All
				plastic wrapping or containerizing material shall be transparent. Bagging of
				all loose asbestos material shall be performed at least twice during each work
				day, before main rest break and at completion of the work day. Bagging shall be
				done prior to the removal of the materials from containment as specified in
				section 11-501-7(c)(6)(E) and the containers shall remain leak-tight;
(iv) Label the containers or wrapped
				materials specified in clause (iii) using warning labels specified by
				Occupational Safety and Health Standards of OSHA pursuant to 2 9 CFR
				1910.1001(j)(2) or 1926.58(k)(2)(iii). The labels shall be printed in letters
				of sufficient size and contrast so as to be readily visible and legible;
				and
(v) For asbestos-containing
				waste material removed from containment or to be transported off the facility
				site, label containers or wrapped materials with the name of the owner and
				operator and the location at which the waste was generated;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-13 - Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations

Current through June, 2024
Each owner or operator of any inactive waste disposal site
				  that was operated by sources regulated pursuant to section
				  11-501-4,
				  11-501-6, or
				  11-501-9 and received deposits of
				  asbestos-containing waste material generated by the sources shall:
(1) Comply with one of the following:
(A) Discharge no visible emissions to the
				outside air from an inactive waste disposal site subject to this
				section;
(B) Cover the
				asbestos-containing waste material with at least fifteen centimeters (six
				inches) of compacted non-asbestos-containing material, and grow and maintain a
				cover of vegetation on the area adequate to prevent exposure of the
				asbestos-containing waste material. In desert areas where vegetation would be
				difficult to maintain, at least eight additional centimeters (three inches) of
				well-graded, non-asbestos crushed rock may be placed on top of the final cover
				instead of vegetation and maintained to prevent emissions; or
(C) Cover the asbestos-containing waste
				material with at least sixty centimeters (two feet) of compacted
				non-asbestos-containing material, and maintain it to prevent exposure of the
				asbestos-containing waste;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-14 - Air-cleaning

Current through June, 2024
(a) Any owner or operator who uses air
				cleaning, as specified in sections 11-501-4(a), 11-501-6(b)(1),
				11-501-7(c)(3)(A)(ii), 11-501-7(c)(4)(B), 11-501-7(c)(6)(E), 11-501-8(2)(B),
				11-501-11(c)(1)(A), 11-501-12(1)(A) (ii), 11-501-12(1)(B)(ii), and 11-501-17(5)
				shall:
(1) Use fabric filter collection
				devices, except as noted in subsection (b), doing all of the following:
(A) Ensuring that the airflow permeability,
				as determined by ASTM Method D737-75, does not exceed 9
				m3/min/m2(30
				ft3/min/ft2) for woven
				fabrics or 11 m3/min/m2
				(35 ft3/min/ft2) for
				felted fabrics;
(B) Ensuring that
				felted fabric weighs at least 475 grams per square meter (fourteen ounces per
				square yard) and is at least 1.6 millimeters (one-sixteenth inch) thick
				throughout; and
(C) Avoiding the
				use of synthetic fabrics that contain fill yarn other than that which is
				spun;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-15 - Reporting

Current through June, 2024
(a) Any new source to which this chapter
				applies, with the exception of sources subject to sections 11-501-5, 11-501-7,
				11-501-8, and 11-501-10, which has an initial startup date preceding the
				effective date of this chapter, shall provide the following information to the
				director, postmarked or delivered, within ninety days of the effective date. In
				the case of a new source that does not have an initial startup date preceding
				the effective date, the information shall be provided to the director,
				postmarked or delivered, within ninety days of the initial startup date. Any
				owner or operator of an existing source shall provide the following information
				to the director within ninety days of the effective date of this chapter unless
				the owner or operator of the existing source has previously provided this
				information to the director. Any changes in the information provided by any
				existing source shall be provided to the director, postmarked or delivered,
				within thirty days after the change. The information shall include:
(1) A description of the emission control
				equipment used for each process:
(A) If the
				fabric device uses a woven fabric, the airflow permeability in
				m3/min/m2 and, if the
				fabric is synthetic, whether the fill yarn is spun or not spun; and
(B) If the fabric filter device uses a felted
				fabric, the density in g/m2, the minimum thickness
				in inches, and the airflow permeability in
				m3/min/m2;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-16 - Standard for active waste disposal sites

Current through June, 2024
Each owner or operator of an active waste disposal site that
				  receives asbestos-containing waste material from a source regulated pursuant to
				  section 11-501-11,
				  11-501-12 or
				  11-501-17 shall meet the
				  requirements of this section:
(1)
				There shall be no visible emissions to the outside air from any active waste
				disposal site where asbestos-containing waste material has been deposited; or
				the requirements of paragraph (3) or (4) shall be met;
(2) Unless a natural barrier adequately
				deters access by the general public, either warning signs and fencing shall be
				installed and maintained as follows, or the requirements of paragraph (3)(A)
				shall be met.
(A) Warning signs shall be
				displayed at all entrances and at intervals of one hundred meters (three
				hundred and thirty feet) or less along the property line of the site or along
				the perimeter of the sections of the site where asbestos-containing waste
				material is deposited. The warning signs shall:
(i) Be posted in a manner and location that a
				person can easily read the legend;
(ii) Conform to the requirements of 51 cm X
				36 cm (20" X 14 ") upright format signs specified in
				29 CFR
				1910.145(d)(4) and this
				paragraph; and
(iii) Display the
				following legend in the lower panel with letter sizes and styles of a
				visibility at least equal to those specified in this paragraph:
Asbestos Waste Disposal Site
Do Not Create Dust
Breathing Asbestos is Hazardous to Your Health
Notation:
2.5 cm (1 inch) sans serif, gothic or block
2.5 cm (1 inch) sans serif, gothic or block
1.9 cm (3/4 inch) sans serif, gothic or block
14 point gothic
Spacing between any two lines shall be at least equal to the
				  height of the upper of the two lines;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-17 - Standard for operations that convert asbestos-containing waste material into non-asbestos (asbestos-free) material

Current through June, 2024
Each owner or operator of an operation that converts RACM
				  and asbestos-containing waste material into non-asbestos (asbestos-free)
				  material shall:
(1) Obtain the prior
				written approval of the director to construct the facility. To obtain approval,
				the owner or operator shall provide the director with the following
				information:
(A) An application to
				construct;
(B) The application
				shall include the following:
(i) A
				description of waste feed handling and temporary storage;
(ii) A description of process operating
				conditions;
(iii) A description of
				the handling and temporary storage of the end product; and
(iv) A description of the protocol to be
				followed when analyzing output materials by transmission electron
				microscopy;
(C)
				Performance test protocol, including provisions for obtaining information
				required pursuant to paragraph (2); and
(D) The director may require that a
				demonstration of the process be performed prior to approval of the application
				to construct.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-18 - Cross-reference to other asbestos regulations

Current through June, 2024
In addition to this chapter, the regulations referenced in
				  the following Table 1 also apply to asbestos and may be applicable to those
				  sources specified in sections
				  11-501-4 through
				  11-501-13,
				  11-501-16, and
				  11-501-17. These cross-references
				  are presented for the reader's information and to promote compliance with the
				  cited regulations.
Table 1. Cross Reference to Other Asbestos
				  Regulations
Agency
CFR citation
Comment
EPA
4 0 CFR part 763, subpart E
Requires schools to inspect for asbestos and implement
							 response actions and submit asbestos management plans to States. Specifies use
							 of certified inspectors, air sampling methods, and waste disposal procedures.
4 0 CFR part 427
Effluent standards for asbestos manufacturing source
							 categories.
4 0 CFR part 763, subpart G
Protects public employees performing asbestos
							 abatement work in States not covered by OSHA asbestos standard
OSHA
29 CFR
							 1910.1001
Worker protection measures -engineering controls,
							 worker training, labeling, respiratory protection, bagging of waste, 0.1 f/cc
							 permissible exposure level.
29 CFR
							 1926.1101
Worker protection measures for all construction work
							 involving asbestos, including demolition and renovation -work practices, worker
							 training, bagging of waste, 0.1 f/cc permissible exposure level.
MSHA
3 0 CFR part 56, subpart D
Specifies exposure limits, engineering controls, and
							 respiratory protection measures for workers in surface mines.
3 0 CFR part 57
Specifies exposure limits, engineering controls, and
							 respiratory protection measure for workers in underground mines.
DOT
49 CFR parts 171 and 172
Regulates the transportation of asbestos-containing
							 waste material. Requires waste containment and shipping papers.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › 1 - Record of Visible Emissions June 1, 1998

Current through June, 2024
Date of Inspection (mm/dd/yy)
Time of inspection (a.m./p.m.)
Air cleaning device or fugitive source designation or
							 number
Visible emissions observed? (y/n) Corrective action
							 taken
Daily operating hours
Inspector's initials
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › 2 - Air Cleaning Device Inspection Checklist June 1, 1998

Current through June, 2024
1. Air cleaning device designation or number
				______________
2. Date of
				inspection (mm/dd/yy) ______________
3. Time of inspection (a.m./p.m.)
				______________
4. Air cleaning
				device operating properly (y/n) ______________
5. Tears, holes or abrasions in fabric filter
				(y/n) ______________
6. Dust on
				clean side of fabric filters (y/n) ______________
7. Other signs of malfunctions or potential
				malfunctions (y/n) ______________
8. Describe other malfunctions or signs of
				potential malfunctions ______________
__________________________________________________________
9. Describe corrective action(s) taken
				___________________________________
__________________________________________________________
10. Date and time corrective action taken
______________
11. Inspected by:
_______________ ______________ ______________
				  ________
Print/type name Title Signature Date
_______________ ______________ ______________
				  ________
Print/type name Title Signature Date
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › 4 - Waste Shipment Record June 1, 1998

Current through June, 2024
INSTRUCTIONS
Waste Generator Section (Items 1 - 9)
1. Enter the name of the facility at which
				asbestos waste is generated and the address where the facility is located. In
				the appropriate spaces, also enter the name of the owner of the facility and
				the owner's phone number.
2. If a
				demolition or renovation, enter the name and address of the company and
				authorized agent responsible for performing the asbestos removal. In the
				appropriate spaces, also enter the phone number of the operator.
3. Enter the name, address, and physical site
				location of the waste disposal site (WDS) that will be receiving the asbestos
				materials. In the appropriate spaces, also enter the phone number of the WDS.
				Enter "on-site" if the waste will be disposed of on the generator's
				property.
4. Provide the name and
				address of the local, state, or EPA Regional office responsible for
				administering the asbestos NESHAP program.
5. Indicate the type of asbestos waste
				materials generated. If from a demolition or renovation, indicate the amount of
				material that is 1) Friable asbestos material and 2) Nonfriable asbestos
				material.
6. Enter the number of
				containers used to transport the asbestos materials listed in item 5. Also
				enter one of the following container codes used in transporting each type of
				asbestos material (specify any other type of container used if not listed
				here):
1) DM- Metal drums, barrels,
2) DP- Plastic drums, barrels and
				3.) BA- 6 mil plastic bags or wrapping.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 502 - ASBESTOS CONTAINING MATERIALS IN SCHOOLS › Section 11-502-1 - Scope and purpose

Current through June, 2024
(a) This chapter
				requires the local education agencies to identify friable and nonfriable
				asbestos-containing material in public and private elementary and secondary
				schools by visually inspecting school buildings for such materials, sampling
				such materials if they are not assumed to be asbestos-containing material, and
				having samples analyzed by appropriate techniques referred to in this chapter.
				This chapter also includes record keeping requirements, including the
				development of an asbestos management plan. This chapter requires the use of
				persons who have been certified to conduct inspections, reinspections, develop
				management plans, or perform response actions as required in chapter 11-504.
				Local education agencies may contractually delegate duties mandated pursuant to
				this chapter, but each remains responsible for the proper performance of those
				duties. The local education agencies are encouraged to consult with EPA
				Regional Asbestos Coordinators or the department of health for assistance in
				complying with these rules.
(b)
				Local education agencies shall provide for the transportation and disposal of
				asbestos in accordance with 40 CFR Part 763, subpart E, appendix D, entitled
				"Transport and Disposal of Asbestos Waste." There are federal regulations in
				place, however, that affect transportation and disposal of asbestos waste
				generated through compliance with these rules. The transportation of asbestos
				waste is covered by the department of transportation ( 49 CFR Part 173, subpart
				J), and disposal is covered by state asbestos requirements in accordance with
				chapter 11-501
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 502 - ASBESTOS CONTAINING MATERIALS IN SCHOOLS › Section 11-502-3 - References

Current through June, 2024
The following references contain detailed information on
				  asbestos-related work practices that are applicable to sections
				  11-502-7,
				  11-502-9,
				  11-502-10, and
				  11-502-11:
(1)40 CFR Part 763 Subpart E, Appendix A,
				Interim Transmission Electron Microscopy Analytical Methods - Mandatory and
				Nonmandatory - and Mandatory Section to Determine Completion of Response
				Actions, October 30, 1987.
(2)40
				CFR Part 763, Subpart E, Appendix B, Work Practices and Engineering Controls
				for Small-Scale, Short duration Operations, Maintenance and Repair (O&M)
				Activities Involving ACM, October 30, 1987.
(3)40 CFR Part 763, Subpart E, Appendix D,
				Transport and Disposal of Asbestos Waste, October 30, 1987.
(4)40 CFR Part 763, Subpart E, Appendix E,
				Interim Method of the Determination of Asbestos in Bulk Insulation Samples, May
				27, 1982.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 502 - ASBESTOS CONTAINING MATERIALS IN SCHOOLS › Section 11-502-4 - Local education agency responsibilities

Current through June, 2024
(a) Each
				local education agency shall:
(1) Ensure that
				the activities of any persons who perform inspections, reinspections, and
				periodic surveillance, develop and update management plans, and develop and
				implement response actions, including operations and maintenance, are carried
				out in accordance with this chapter;
(2) Ensure that all custodial and maintenance
				employees are properly trained as required by this chapter and other applicable
				federal or state regulations;
(3)
				Ensure that workers and building occupants or their legal guardians, are
				informed at least once each school year about inspections, response actions,
				and post-response action activities, including periodic reinspection and
				surveillance activities that are planned or in progress;
(4) Ensure that short-term workers (e.g.,
				telephone repair workers, utility workers, or exterminators) who may come in
				contact with asbestos in a school are provided information regarding the
				locations of ACBM and suspected ACBM assumed to be ACM;
(5) Ensure that warning labels are posted in
				accordance with section 11-502-14;
(6) Ensure that management plans are
				available for inspection and notification of such availability has been
				provided as specified in the management plan, pursuant to section
				11-502-12(g);
(7) Designate a
				person to ensure that requirements of this chapter are properly
				implemented;
(8) Ensure that the
				person designated under paragraph 7 receives adequate training to perform
				duties assigned pursuant to this chapter. Such training shall provide, as
				necessary, basic knowledge of:
(A) Health
				effects of asbestos;
(B) Detection,
				identification, and assessment of ACM;
(C) Options for controlling ACBM;
(D) Asbestos management programs;
				and
(E) Relevant federal and state
				regulations concerning asbestos, including those in this chapter and those of
				the Occupational Safety and Health Administration, U.S. department of Labor,
				the U.S. department of Transportation and the EPA; and
(9) Consider whether any conflict of interest
				may arise from the interrelationship among certified personnel and whether that
				should influence the selection of certified personnel to perform activities
				pursuant to this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 502 - ASBESTOS CONTAINING MATERIALS IN SCHOOLS › Section 11-502-5 - Inspection and reinspections

Current through June, 2024
(a) Any building
				leased or acquired that is to be used as a school building shall be inspected
				by a certified inspector prior to use as a school building. In the event that
				emergency use of an uninspected building as a school building is necessitated,
				such buildings shall be inspected within thirty days after commencement of such
				use. For each area of a school building, including surfaces behind suspended
				ceilings or other non-permanent structures, except as excluded pursuant to
				section 11-502-15, each person performing an inspection shall:
(1) Visually inspect the area to identify the
				locations of all suspected ACBM;
(2) Touch all suspected ACBM to determine
				whether they are friable;
(3)
				Identify all homogeneous areas of friable suspected ACBM and all homogeneous
				areas of nonfriable suspected ACBM;
(4) Assume that some or all of the
				homogeneous areas are ACM, and, for each homogeneous area that is not assumed
				to be ACM, collect and submit for analysis bulk samples pursuant to sections
				11-502-6 and 11-502-7;
(5) Assess,
				pursuant to section 11-502-8, friable material in areas where samples are
				collected, friable material in areas that are assumed to be ACBM, and friable
				ACBM identified during previous inspections; and
(6) Record the following and submit to the
				person designated pursuant to section 11-502-4, a copy of such record for
				inclusion in the management plan within thirty days of the inspection:
(A) An inspection report with the date of the
				inspection signed by each certified person making the inspection, the state of
				certification, and the person's certification number;
(B) An inventory of the locations of the
				homogeneous areas where samples were collected, size of each homogeneous area,
				exact location where each bulk sample was collected, dates that samples were
				collected, homogeneous areas where friable suspected ACBM is assumed to be ACM,
				and homogeneous areas where nonfriable suspected ACBM is assumed to be
				ACM;
(C) A description of the
				manner used to determine sampling locations, the name and signature of each
				certified inspector who collected the samples, the state of certification, and
				the person's certification number;
(D) A list of whether the homogeneous areas
				identified pursuant to subparagraph (B) are surfacing material, thermal system
				insulation, or miscellaneous material;
(E) The amount of material in each
				homogeneous area, listed in square, linear, or cubic feet; and
(F) Assessments made of friable material, the
				name and signature of each certified inspector making the assessment, the state
				of certification, and the inspector's certification number.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 502 - ASBESTOS CONTAINING MATERIALS IN SCHOOLS › Section 11-502-6 - Sampling

Current through June, 2024
(a) A certified inspector shall collect, in a
				statistically random manner that is representative of the homogeneous area,
				bulk samples from each homogeneous area of friable surfacing material that is
				not assumed to be ACM, and shall collect the samples as follows:
(1) At least three bulk samples shall be
				collected from each homogeneous area that is one thousand square feet or less,
				except as provided in section 11-502-7(c)(2);
(2) At least five bulk samples shall be
				collected from each homogeneous area that is greater than one thousand square
				feet, but less than or equal to five thousand square feet, except as provided
				in section 11-502-7(c)(2); and
(3)
				At least seven bulk samples shall be collected from each homogeneous area that
				is greater than five thousand square feet, except as provided in section
				11-502-7(c)(2).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 502 - ASBESTOS CONTAINING MATERIALS IN SCHOOLS › Section 11-502-7 - Analysis of samples

Current through June, 2024
(a) The local
				education agencies shall have bulk samples, collected pursuant to section
				11-502-6 and submitted for analysis, analyzed for asbestos using laboratories
				accredited by the National Voluntary Laboratory Accreditation Program (NVLAP)
				and registered with the department of health. The local education agencies
				shall use laboratories which have received accreditation for PLM analysis
				through the National Voluntary Laboratory Accreditation Program
				(NVLAP).
(b) Bulk samples shall not
				be composited for analysis and shall be analyzed for asbestos content by PLM
				using the "Interim Method for the Determination of Asbestos in Bulk Insulation
				Samples" found in Appendix E to 40 CFR Part 763 Subpart E.
(c) A homogeneous area:
(1) Is considered not to contain ACM only if
				the results of all samples required to be collected from the area show asbestos
				in amounts of one per cent or less; and
(2) Shall be determined to contain ACM based
				on a finding that the results of any one sample collected from that area shows
				that asbestos is present in an amount greater than one per cent.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 502 - ASBESTOS CONTAINING MATERIALS IN SCHOOLS › Section 11-502-8 - Assessment

Current through June, 2024
(a) For each inspection and reinspection
				conducted pursuant to section 11-502-5(a) and (c) and previous inspections
				specified pursuant to section 11-502-15, the local education agency shall have
				a certified inspector provide a written assessment of all friable known or
				assumed ACBM in the school building. Each certified inspector providing a
				written assessment shall sign and date the assessment, provide the inspector's
				state of certification and certification number, and submit a copy of the
				assessment to the person designated pursuant to section 11-502-4 for inclusion
				in the management plan within thirty days of the assessment.
(b) The inspector shall classify and give
				reasons in the written assessment for classifying the ACBM and suspected ACBM
				assumed to be ACM in the school building into one of the following categories.
(1) Damaged or significantly damaged thermal
				system insulation ACM;
(2) Damaged
				friable surfacing ACM;
(3)
				Significantly damaged friable surfacing ACM;
(4) Damaged or significantly damaged friable
				miscellaneous ACM;
(5) ACBM with
				potential for damage;
(6) ACBM with
				potential for significant damage; and
(7) Any remaining friable ACBM or friable
				suspected ACBM.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 502 - ASBESTOS CONTAINING MATERIALS IN SCHOOLS › Section 11-502-9 - Response actions

Current through June, 2024
(a) The local
				education agency shall select and implement in a timely manner the appropriate
				response actions in this section consistent with the assessment conducted
				pursuant to section 11-502-8. The response actions selected shall be sufficient
				to protect human health and the environment. The local education agency may
				then select, from the response actions which protect human health and the
				environment, that action which is the least burdensome method. Nothing in this
				section shall be construed to prohibit removal of ACBM from a school building
				at any time, should removal be the preferred response action of the local
				education agency.
(b) If damaged or
				significantly damaged thermal system insulation ACM is present in a building,
				the local education agency shall:
(1) Repair
				the damaged area;
(2) Remove the
				damaged material if it is not feasible, due to technological factors, to repair
				the damage; or
(3) Maintain all
				thermal system insulation ACM and its covering in an intact state and undamaged
				condition.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 502 - ASBESTOS CONTAINING MATERIALS IN SCHOOLS › Section 11-502-10 - Operations and maintenance

Current through June, 2024
(a) The local
				education agency shall implement an operations, maintenance, and repair program
				pursuant to this section whenever any friable ACBM is present or assumed to be
				present in a building that it leases, owns, or otherwise uses as a school
				building. Any material identified as nonfriable ACBM or nonfriable assumed ACBM
				must be treated as friable ACBM for purposes of this section when the material
				is about to become friable as a result of activities performed in the school
				building.
(b) The protection
				provided by EPA at
				40 CFR
				763.121 for worker protection during asbestos
				abatement projects is extended to employees of the local education agency who
				perform operations, maintenance, and repair activities involving ACM and who
				are not covered by the OSHA asbestos construction standard at
				29 CFR
				1926.1101 or an asbestos worker approved by
				OSHA pursuant to Section 19 of the U.S. Occupational Safety and Health Act. The
				local education agency may consult 40 CFR Part 763, Subpart E, Appendix B, as
				referenced in section 11-502-3, if their employees are performing operations,
				maintenance, and repair activities that are of small-scale and short
				duration.
(c) Small-scale, short
				duration activities shall only be performed by staff that have completed the
				training required by section 11-502-11. Records of all small-scale, short
				duration activities must be kept in the management plan. These shall include:
(1) The location of ACBM
				disturbance;
(2) The amount of ACBM
				affected;
(3) The person performing
				the activity;
(4) The training this
				person has received;
(5) The length
				of time required to complete the activity; and
(6) If ACM is removed, the name and location
				of the storage or disposal site of the ACM.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 502 - ASBESTOS CONTAINING MATERIALS IN SCHOOLS › Section 11-502-11 - Training and periodic surveillance

Current through June, 2024
(a) The local
				education agency shall ensure, prior to the implementation of the operations,
				maintenance, and repair provisions of the management plan, that all members of
				its maintenance and custodial staff (custodians, electricians, heating and air
				conditioning engineers, plumbers, etc.) who may work in a building that
				contains ACBM receive awareness training of at least two hours, whether or not
				they are required to work with ACBM. New custodial and maintenance employees
				shall be trained within sixty days after commencement of employment. Training
				shall include:
(1) Information regarding
				asbestos and its various uses and forms;
(2) Information on the health effects
				associated with asbestos exposure;
(3) Locations of ACBM identified throughout
				each school building in which they work;
(4) Recognition of damage, deterioration, and
				delamination of ACBM; and
(5) Name
				and telephone number of the person designated to carry out general local
				education agency responsibilities pursuant to section 11-502-4 and the
				availability and location of the management plan.