Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 58 - Asbestos › Section 401 KAR 58:010 - Local education agencies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100(10),
				224.20-100,
				224.20-110,
				224.20-120,
				224.20-300,
				40 C.F.R.
				763.80,
				763.84,
				763.85,
				763.86,
				763.87,
				763.88,
				763.90,
				763.91,
				763.92,
				763.93,
				763.94,
				763.95,
				763.99, Appendices A B
				and D (October 30, 1987),
				15 U.S.C.
				2601 Toxic Substances Control Act II and the
				related sections which follow as in effect on July 18, 1988
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution.
				KRS 224.20-300 authorizes
				the cabinet to develop, adopt, and maintain a comprehensive statewide asbestos
				contractor accreditation program relating to asbestos in schools. This
				administrative regulation provides for the control of asbestos emissions in
				schools by requiring local education agencies to submit management plans to
				provide for the adequate identification and assessment of asbestos in schools
				and the removal or other appropriate treatment of friable asbestos-containing
				materials.
Section 1. Definitions. As
			 used in this administrative regulation and applicable portions of 40 C.F.R.
			 Part 763 , the following terms shall have the following meanings. If not
			 defined in this section, a term shall have the meaning given it by commonly
			 accepted usage.
(1) "Act" means the Toxic
			 Substances Control Act (TSCA),
			 15 USC
			 2601 and the related sections which follow,
			 as in effect on July 18, 1988.
(2)
			 "Accessible" means, when referring to ACM, that the material is subject to
			 disturbance by school building occupants or custodial or maintenance personnel
			 in the course of their normal activities.
(3) "Accredited" means when referring to an
			 individual or a laboratory that the individual or laboratory is accredited in
			 accordance with section 206 of Title II of the Act.
(4) "Accreditation certificate" means a
			 certificate issued by the cabinet attesting to the qualifications of an
			 individual to perform specified asbestos abatement projects.
(5) "Air erosion" means the passage of air
			 over friable ACBM which may result in the release of asbestos fibers.
(6) "Asbestos" means the asbestiform
			 varieties of: chrysotile (serpentine), crocidolite (riebeckite), amosite
			 (cummingtonite-grunerite), anthophyllite, tremolite, and actinolite.
(7) "Asbestos abatement project" means any
			 project intended to identify, assess, plan for, or respond to an asbestos
			 hazard in a school building.
(8)
			 "Asbestos-containing material" or "ACM" means, when referring to school
			 buildings, any material or product which contains more than one (1) percent
			 asbestos by area.
(9)
			 "Asbestos-containing building material" or "ACBM" means surfacing ACM, thermal
			 system insulation ACM, or miscellaneous ACM that is found in or on interior
			 structural members or other parts of a school building.
(10) "Asbestos debris" means:
(a) Pieces of ACBM that can be identified by
			 color, texture, or composition; or
(b) Dust, if the dust is determined by an
			 accredited inspector to be ACM.
(11) "Cabinet" has the meaning given it in
			 KRS
			 224.01-010.
(12) "Damaged friable miscellaneous ACM"
			 means friable miscellaneous ACM which has deteriorated or sustained physical
			 injury so that the internal structure (cohesion) of the material is inadequate
			 or, if applicable, which has delaminated so that its bond to the substrate
			 (adhesion) is inadequate, or which for any other reason lacks fiber cohesion or
			 adhesion qualities. Damage or deterioration may be illustrated by the
			 separation of ACM into layers; separation of ACM from the substrate; flaking,
			 blistering, or crumbling of the ACM surface; water damage; significant or
			 repeated water stains, scrapes, gouges, mars, or other signs of physical injury
			 on the ACM. Asbestos debris originating from the ACBM in question may also
			 indicate damage.
(13) "Damage
			 friable surfacing ACM" means friable surfacing ACM which has deteriorated or
			 sustained physical injury so that the internal structure (cohesion) of the
			 material is inadequate, or which has delaminated so that its bond to the
			 substrate (adhesion) is inadequate, or which for any other reason lacks fiber
			 cohesion or adhesion qualities. Damage or deterioration may be illustrated by
			 the separation of ACM into layers; separation of ACM from the substrate;
			 flaking, blistering, or crumbling of the ACM surface; water damage; significant
			 or repeated water stains, scrapes, gouges, mars, or other signs of physical
			 injury on the ACM. Asbestos debris originating from the ACBM in question may
			 also indicate damage.
(14) "Damaged
			 or significantly damaged thermal system insulation ACM" means thermal system
			 insulation ACM on pipes, boilers, tanks, ducts, and other thermal system
			 insulation equipment where the insulation has lost its structural integrity, or
			 its covering, in whole or in part, is crushed, water-stained, gouged,
			 punctured, missing, or not intact so that it is not able to contain fibers.
			 Damage may be further illustrated by occasional punctures, gouges, or other
			 signs of physical injury to ACM; occasional water damage on the protective
			 coverings or jackets; or exposed ACM ends or joints. Asbestos debris
			 originating from the ACBM in question may also indicate damage.
(15) "Day" means calendar day.
(16) "Emergency response action" means a
			 response action that was not planned but results from a sudden, unexpected
			 event. This term includes operations necessitated by nonroutine failure of
			 equipment.
(17) "Encapsulation"
			 means the treatment of ACBM with a material that surrounds or embeds asbestos
			 fibers in an adhesive matrix to prevent the release of fibers, as the
			 encapsulant creates a membrane over the surface (bridging encapsulant) or
			 penetrates the material and binds its components together (penetrating
			 encapsulant).
(18) "Enclosure"
			 means an airtight, impermeable, permanent barrier around ACBM to prevent the
			 release of asbestos fibers into the air.
(19) "EPA" or "U.S. EPA" means the United
			 States Environmental Protection Agency.
(20) "EPA-approved training course" means a
			 training or refresher course that is approved by the U.S. EPA, at the time the
			 course is taken as meeting the requirements of section 206 of the
			 Act.
(21) "Fiber release episode"
			 means any uncontrolled or unintentional disturbance of ACBM resulting in
			 visible emission.
(22) "Friable"
			 means that the material, when dry, may be broken, crumbled, pulverized, or
			 reduced to powder by hand pressure, and includes previously nonfriable material
			 after the previously nonfriable material becomes damaged to the extent that
			 when dry it may be crumbled, pulverized, or reduced to powder by hand
			 pressure.
(23) "Functional space"
			 means a room, group of rooms, or homogeneous area (including crawl spaces or
			 the space between a dropped ceiling and the floor or roof deck above), such as
			 classrooms, a cafeteria, gymnasium, hallways, designated by an individual
			 accredited to prepare management plans, or design or conduct response
			 actions.
(24) "High-efficiency
			 particulate air" or "HEPA" means a filtering system capable of trapping and
			 retaining at least 99.97 percent of all monodispersed particles three/tenths
			 (0.3) um in diameter or larger.
(25) "Homogeneous area" means an area of
			 surfacing material, thermal system insulation material, or miscellaneous
			 material that is uniform in color and texture.
(26) "Inspector" means an individual who
			 identifies, assesses the condition of, or collects preabatement air samples or
			 bulk samples of ACM.
(27)
			 "Inspection" means an identification of the status of asbestos in schools,
			 including identification of, assessment of the conditions of, or collection of
			 preabatement air samples or bulk samples of, ACM. This term also includes
			 reinspections, after the initial inspection has been performed.
(28) "Local education agency" or "LEA" means:
(a) Any local education agency as defined in
			 section 198 of the Elementary and Secondary Education Act of 1965 (20 USC 3381)
			 , which means, a public board of education or other public authority legally
			 constituted for either administrative control or direction of, or to perform a
			 service function for, public elementary or secondary schools in a city, county,
			 township, school district, or other political subdivision, or any combination
			 of school districts or counties recognized as an administrative agency for its
			 public elementary or secondary schools. This term also includes any other
			 public institution or agency having administrative control and direction of a
			 public elementary or secondary school.
(b) The owner of any nonpublic, nonprofit
			 elementary or secondary school building.
(c) The governing authority of any school
			 operated under the defense dependents' education system provided for under the
			 Defense Dependents' Education Act of 1978 (20 USC
			 921, and the related sections which
			 follow).
(29) "Management
			 plan" means a plan submitted by an LEA and which is not disapproved, which
			 contains the items required in
			 40 C.F.R.
			 763.93.
(30) "Management planner" means an individual
			 who uses data gathered by inspectors to assess asbestos hazards, and by doing
			 so determines appropriate response actions and develops management
			 plans.
(31) "Miscellaneous ACM"
			 means miscellaneous material that is ACM in a school building.
(32) "Miscellaneous material" means interior
			 building material on structural components, structural members, or fixtures,
			 such as floor and ceiling tiles, and does not include surfacing material or
			 thermal system insulation.
(33)
			 "Nonfriable" means material in a school building which when dry may not be
			 broken, crumbled, pulverized, or reduced to powder by hand pressure.
(34) "Operations and maintenance program" or
			 "O&M program" means a program of work practices to maintain friable ACBM in
			 good condition, ensure cleanup of asbestos fibers previously released, and
			 prevent further release by minimizing and controlling friable ACBM disturbance
			 or damage.
(35) "Person" has the
			 meaning given it in
			 KRS
			 224.01-010.
(36) "Potential damage" means circumstances
			 in which:
(a) Friable ACBM is in an area
			 regularly used by building occupants, including maintenance personnel, in the
			 course of their normal activities; or
(b) There are indications that there is a
			 reasonable likelihood that the material or its covering will become damaged,
			 deteriorated, or delaminated due to factors such as changes in building use,
			 changes in operations and maintenance practices, changes in occupancy, or
			 recurrent damage.
(37)
			 "Potential significant damage" means circumstances in which:
(a) Friable ACBM is in an area regularly used
			 by building occupants, including maintenance personnel, in the course of their
			 normal activities;
(b) There are
			 indications that there is a reasonable likelihood that the material or its
			 covering will become significantly damaged, deteriorated, or delaminated due to
			 factors such as changes in building use, changes in operations and maintenance
			 practices, changes in occupancy, or recurrent damage; or
(c) The material is subject to major or
			 continuing disturbance, due to factors including, but not limited to,
			 accessibility or, under certain circumstances, vibration or air
			 erosion.
(38) "Preventive
			 measures" means actions taken to reduce disturbance of ACBM or otherwise
			 eliminate the reasonable likelihood of the material's becoming damaged or
			 significantly damaged.
(39)
			 "Removal" means the taking out or the stripping of substantially all ACBM from
			 a damaged area, a functional space, or a homogeneous area in a school
			 building.
(40) "Repair" means
			 returning damaged ACBM to an undamaged condition or to an intact state so as to
			 prevent fiber release.
(41)
			 "Response action" means a method, including but not limited to removal,
			 encapsulation, enclosure, repair, operations and maintenance, that protects
			 human health and the environment from friable ACBM.
(42) "Routine maintenance area" means an
			 area, such as a boiler room or mechanical room, that is not normally frequented
			 by students and in which maintenance employees or contract workers regularly
			 conduct maintenance activities.
(43) "School" means any elementary or
			 secondary school as defined in section 198 of the Elementary and Secondary
			 Education Act of 1965 (20 USC 2854) .
(44) "School building" means:
(a) Any structure suitable for use as a
			 classroom, including a school facility such as a laboratory, library, school
			 eating facility, or facility used for the preparation of food;
(b) Any gymnasium or other facility which is
			 specially designed for athletic or recreational activities for an academic
			 course in physical education;
(c)
			 Any other facility used for the instruction or housing of students or for the
			 administration of education or research programs;
(d) Any maintenance, storage, or utility
			 facility, including any hallway, essential to the operation of any facility
			 described in paragraphs (a) to (c) of this subsection;
(e) Any portico or covered exterior hallway
			 or walkway; or
(f) Any exterior
			 portion of a mechanical system used to condition interior space.
(45) "Significantly damaged
			 friable miscellaneous ACM" means damaged friable miscellaneous ACM where the
			 damage is extensive and severe.
(46) "Significantly damaged friable surfacing
			 ACM" means damaged friable surfacing ACM in a functional space where the damage
			 is extensive and severe.
(47)
			 "State" means a state, the District of Columbia, the Commonwealth of Puerto
			 Rico, Guam, American Samoa, the Northern Marianas, the Trust Territory of the
			 Pacific Islands, and the Virgin Islands.
(48) "Surfacing ACM" means surfacing material
			 that is ACM.
(49) "Surfacing
			 material" means material in a school building that is sprayed on, troweled on,
			 or otherwise applied to surfaces, such as acoustical plaster on ceilings and
			 fireproofing materials on structural members, or other materials on surfaces
			 for acoustical, fireproofing, or other purposes.
(50) "Thermal system insulation" means
			 material in a school building applied to pipes, fittings, boilers, breeching,
			 tanks, ducts, or other interior structural components to prevent heat loss or
			 gain, or water condensation, or for other purposes.
(51) "Thermal system insulation ACM" means
			 thermal system insulation that is ACM.
(52) "Timely manner" means that the LEA has
			 fulfilled or is fulfilling its responsibilities in a manner that is as
			 expeditious as possible, taking into account circumstances which are unique to
			 the LEA. The determination of timeliness shall be made by the
			 cabinet.
(53) "um" means
			 micrometer.
(54) "Vibration" means
			 the periodic motion of friable ACBM which may result in the release of asbestos
			 fibers.