[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR763.91]

[Page 717-718]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 763--ASBESTOS--Table of Contents
 
           Subpart E--Asbestos-Containing Materials in Schools
 
Sec. 763.91  Operations and maintenance.

    (a) Applicability. The local education agency shall implement an 
operations, maintenance, and repair (O&M) program under 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) Worker protection. Local education agencies must comply with 
either the OSHA Asbestos Construction Standard at 29 CFR 1926.1101, or 
the Asbestos Worker Protection Rule at 40 CFR 763.120, whichever is 
applicable.
    (c) Cleaning--(1) Initial cleaning. Unless the building has been 
cleaned using equivalent methods within the previous 6 months, all areas 
of a school building where friable ACBM, damaged or significantly 
damaged thermal system insulation ACM, or friable suspected ACBM assumed 
to be ACM are present shall be cleaned at least once after the 
completion of the inspection required by Sec. 763.85(a) and before the 
initiation of any response action, other

[[Page 718]]

than O&M activities or repair, according to the following procedures:
    (i) HEPA-vacuum or steam-clean all carpets.
    (ii) HEPA-vacuum or wet-clean all other floors and all other 
horizontal surfaces.
    (iii) Dispose of all debris, filters, mopheads, and cloths in 
sealed, leak-tight containers.
    (2) Additional cleaning. The accredited management planner shall 
make a written recommendation to the local education agency whether 
additional cleaning is needed, and if so, the methods and frequency of 
such cleaning.
    (d) Operations and maintenance activities. The local education 
agency shall ensure that the procedures described below to protect 
building occupants shall be followed for any operations and maintenance 
activities disturbing friable ACBM:
    (1) Restrict entry into the area by persons other than those 
necessary to perform the maintenance project, either by physically 
isolating the area or by scheduling.
    (2) Post signs to prevent entry by unauthorized persons.
    (3) Shut off or temporarily modify the air-handling system and 
restrict other sources of air movement.
    (4) Use work practices or other controls, such as, wet methods, 
protective clothing, HEPA-vacuums, mini-enclosures, glove bags, as 
necessary to inhibit the spread of any released fibers.
    (5) Clean all fixtures or other components in the immediate work 
area.
    (6) Place the asbestos debris and other cleaning materials in a 
sealed, leak-tight container.
    (e) Maintenance activities other than small-scale, short-duration. 
The response action for any maintenance activities disturbing friable 
ACBM, other than small-scale, short-duration maintenance activities, 
shall be designed by persons accredited to design response actions and 
conducted by persons accredited to conduct response actions.
    (f) Fiber release episodes--(1) Minor fiber release episode. The 
local education agency shall ensure that the procedures described below 
are followed in the event of a minor fiber release episode (i.e., the 
falling or dislodging of 3 square or linear feet or less of friable 
ACBM): 5
    (i) Thoroughly saturate the debris using wet methods.
    (ii) Clean the area, as described in paragraph (e) of this section.
    (iii) Place the asbestos debris in a sealed, leak-tight container.
    (iv) Repair the area of damaged ACM with materials such as asbestos-
free spackling, plaster, cement, or insulation, or seal with latex paint 
or an encapsulant, or immediately have the appropriate response action 
implemented as required by Sec. 763.90.
    (2) Major fiber release episode. The local education agency shall 
ensure that the procedures described below are followed in the event of 
a major fiber release episode (i.e., the falling or dislodging of more 
than 3 square or linear feet of friable ACBM):
    (i) Restrict entry into the area and post signs to prevent entry 
into the area by persons other than those necessary to perform the 
response action.
    (ii) Shut off or temporarily modify the air-handling system to 
prevent the distribution of fibers to other areas in the building.
    (iii) The response action for any major fiber release episode must 
be designed by persons accredited to design response actions and 
conducted by persons accredited to conduct response actions.

[52 FR 41846, Oct. 30, 1987, as amended at 65 FR 69216, Nov. 15, 2000]