Asbestos Test Study Guide

Asbestos Containing Building Material (ACBM)

surfacing asbestos-containing material, thermal system insulation asbestos containing material that is found in or on interior structural members or other parts of the public or commercial building

Asbestos containing material (AMC) ~ Schools

when referring to school buildings means any material or product which contains more than 1 percent asbestos.

Seven AHERA Categories

1. Damaged and significantly damaged thermal systems insulation. 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 7. Any remaining friable ACBM or friable suspected ACBM

Regulatory Liability

An Inspector can be held liable for non-compliance with federal, state or local regulators. Consistent with the hazardous nature of asbestos, any assessment for the presence of asbestos is understood to be a critical task. Therefore, regulatory agencies on all levels have adopted diverse and explicit regulations concerning the performance of asbestos assessment. A primary area is the compliance with inspector certification requirements. Not only must the inspector take an EPA approved course and pass an examination as required by the federal government, he or she must also often comply with state, country and local regulations for certifications. Other regulations that the inspector must comply with relate to the use of respirators and protective clothing while conducting an inspection. The failure to comply with regulations can result in both dines and revocation of inspection certifications. These actions are taken by an administrative agency, such as the Environmental Protection Agency (EPA). Any arguments made by an Inspector against the administration penalty must first be argued before a hearing officer. It is very difficult to successfully overturn an administrative penalty in an administrative hearing. Only after "exhausting administrative remedies" could an Inspector obtain relief from an administrative action by going to court. Simply stated, failure by an inspector to follow regulations can lead directly ti administrative sanctions from a variety of government agencies. Once the sanctions are assessed, it is difficult for an Inspector to successfully overturn any administrative penalties

Survey

An activity undertaken in a school building, public building, or commercial building to determine the quantity, presence or location, or to assess the condition of, friable or non-friable asbestos-containing building material or suspected asbestos-containing building material, whether by visual or physical examination, or by collecting samples of such material. This term includes re-inspections of friable and non friable known or assumed asbestos-contain building material which has been previous identified. Does not include (A) periodic surveillance of the type described in 40 CFR 763.92 (b) solely for the purpose of recording or reporting a change in the condition of known or assumed asbestos-containing building material: (B) inspections preformed by employees or agents of federal, state, or local government solely for the purposes of determining compliance with applicable statues or regulations: or (C) visual inspections of the type described in 40 CFR 763.90(i) solely for the purpose of determining the completion of response action

Types of Insurance Coverage General Liability Insurance

Another type of coverage that Building inspectors might pursue, general liability insurance, is available and may serve as protection for events that occur during building inspections. As the name implies, general liability coverage is suitable for situations arising in the normal course of business, and not related to the Inspector's delivery of professional opinions. The draw back to this type of insurance is that it will likely contain a pollution or asbestos exclusion, rendering the policy essentially ineffective for asbestos-related claims

763.85 Inspections and reinspections (a) Inspections (2)

Any building leased before or aquired on or after October 12, 1988, that is to be used as a school building shall be inspected as described under paragraphs (a)(3) and (4) of this section prior to use as a school building. In the event that an emergency use of uninspected building as a school building is necessitated, such building shall be inspected within 30 days after commencement of such use

Civil Liability

Civil actions involve a suit by a private party against a private party. In contrast, both the Administrative and Criminal contexts involve employees of a governmental initiating a legal action. By far, civil liability is the greatest source of potential liability to the inspector Civil liability includes actions based on contractual and tort theories (see course notebook 14-16)

763.85 Inspections and reinspections (a) Inspections (1)

exceptions as provided in paragraph (a)(2) of this section, before October 12, 1988, local education agencies shall inspect each school building that they lease, own, or otherwise use for as a school building to identify all locations of friable and nonfriable ACBM

Requirements for a minimal acceptable program:

1. Written SOPs governing the selection and use... 2. Selected on the basis of the hazards to which worker is exposed 3. Instructed and trained in the proper use and limitations, including having it fitted properly, test its face-to-face piece seal, and wear in test atmosphere 4. Where practicable, should be assigned to individuals for exclusive use. 5. Regularly cleaned and disinfected after each use 6. Stored in a convenient, clean, and sanitary location 7. Routinely inspected during cleaning, worn and deteriorated parts shall be replaced, according to the manufacture's instructions 8. Appropriate surveillance of work area conditions ans degree of employee exposure or stress shall be implemented and maintained on an on-going basis 9. Regular inspections and evaluation to determine the continued effectiveness of the program shall be conducted. 10. Must be medically evaluated to determine if physically able to work and wear respirator(s), considering the conditions in the environment in which the respirator will be worn. 11. Only approved respirators shall be used and provide adequate protection from the hazard for which it was designed 12. Respirators must provide adequate protection from the hazard(s) for which they were designed 13. The employer shall designate a program administrator who is qualified by appropriate training or experience that is commensurate with the complexity of the respiratory program to oversee the program and conduct the required evaluations of program effectiveness

763.86 Sampling Surfacing material

1000 ft ~ 3 samples 1000 - 5000 ft ~ 5 samples 5000 ft < ~ 7 samples

763.86 Sampling Thermal

3 samples for homogeneous area 1 sample - patch > 6 ft Manner Sufficient to Determine

Renovation

Additions to or alterations of a building by removal, repairing, and rebuilding

Criminal Liability

Although remote, it is possible for an inspector to be held criminally liable. In the criminal context, it is the government that is prosecuting the action. Importantly, a criminal conviction is very serious and may involve both fines and incarceration. A criminal conviction will also result in a record. To be held criminally responsible, the inspector must meet two elements. First, the inspector must know his actions are wrong. Second, the inspector must preform a guilty act. An example would be the Inspector who consciously failed to define the asbestos content of a material, was aware that the material was suspect, ans was aware that his action would lead directly to extensive contamination ans exposure. In this context, a District Attorney many choose to prosecute a criminal action

Facility

Any institutional, commercial, public, industrial, or residential structure installation or building ((including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units): any ship and any active or inactive disposal site. Any structure, installation or building that was previously subject to 40 CFR Part 61, Subpart M is not excluded, regardless of its current use or function

Category I nonfriable asbestos-containing material (ACM)

Asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1.0% as determined using Polarized Light Microscopy, that when dry, cannot be crumbled, pulverized, or reduced to powder by pressure

61.145 Standard for demolition and renovation (a) 1 (ii)

At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously

61.145 Standard for demolition and renovation (a) 1 (i)

At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on another facility components

Types of Insurance Coverage Errors and Omissions

Building Inspectors will normally look for "Errors and Omissions" Insurance to protect them against misjudgments made during building inspections. The mistake may take the form of an inadvertent error (i.e., miscalculation of area square footage) or an unintentional omission of some nature (i.e. not enough samples collected). Errors and Omission (E&O) coverage is written for specific professions. Many professionals (architect, engineer, designer, etc.) have E&O coverage to protect them from; however, asbestos related professionals may have difficulty obtaining full coverage due to the great exposure for loss in their activities. If Errors and Omissions insurance is found by the asbestos professional, the coverage might be very expensive. As of this writing is would not be uncommon for E&O premiums to cost in the range of 40,000.00 as an annual premium to ensure $1,000,000 in coverage, with a $20,000 deductible, on per occurrence basis

763.85 Inspections and reinspections (a) Inspections (3)

Each inspection shall be made by an accredited inspector

Exhibits to Look Over

Exhibit H-1-1(course notebook page 48) Exhibit H-1-2(course notebook page 49) Exhibit H-1-3(course notebook page 50) Also view preparation of diagrams (course notebook pages 51-52)

763.86 Sampling Miscellaneous

Manner Sufficient to Determine

Asbestos-containing Material (AMC)

Materials or products, including any single material component of a structure or any layer of a material sample, that contains more than 1.0% of any kind or combination of asbestos, as determined by the Environmental Protection Agency recommended methods as listed in EPA/600/R-93/116, July 1993, "Method for Determination of Asbestos in Bulk Building Materials

Friable Material

Materials that when dry can be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously nonrefillable material after such previously nonfriable material becomes damage to the extent, when dry, it may be crumbled, pulverized, or reduces to powder by hand pressure

Identifying Functional Spaces

Note that only rooms or spaces with material in the same condition and with the same potential for disturbance should be grouped together. If otherwise identical rooms do not meet these conditions, they should not be included in the same functional space. For example, if 10 classrooms in an elementary school all have acoustical plaster ceilings but two have been damaged, two seaparte functional spaces could be identified - one for eight classrooms in good condition and for the two classrooms with damaged plaster. Likewise, classrooms should not be grouped together withe the spaces where the potential for disturbance might differ (e.g. corridors or rest rooms), even if the suspect material is the same and in the same condition

PLM

Polarized-light microscopy, a method of analysis for detection of the presence and type of asbestos

763.85 Inspections and reinspections (b)Reinspection

See page F-3 - F-4 of asbestos regulation information

763.85 Inspections and reinspections (a) Inspections (4)

See page F-3 of asbestos regulation information

63.87 Analysis

See page F-4 of asbestos regulation information

63.88 Assessment (a)(b)

See page F-4 of asbestos regulation information

Asbestos

The asbestiform varieties of chrysotile, amosite, crocidolite, termolite, anthophylliye, and actinolite

Commercial Building

The interior space of any industrial, federal-government-owned building, or residential structure, installation or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units). Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space

The Interrelationship of Building Systems

The structural system is the skeleton of the building and consists of the beams, columns, bearing walls, and foundations, which support the loads of the building and its occupants. The mechanical systems are the heating, ventilating and sir conditioning (HVAC) and the plumbing systems of the building. The electrical systems of the building. The electrical systems are the power and lighting systems of the building

Demolition

The wrecking or removal of any load-supporting structural member of a public building or facility or the intentional burning of any public building or facility

Management Plan

a written plan describing appropriate actions fro surveillance and management of asbestos-containing material

Industrial Building

any building where industrial or manufacturing operations or processes are conducted and to which access is limited principally to employees and contractors of the facility operator or to invited guests under controlled conditions

Regulated asbestos-containing material (RAMC)

means (a) Friable asbestos material, (b) Category I nonfriable AMC that has become friable, (c) Category I nonfirbale AMC that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II Nonfirable ACM that has become crumbled, pulverized, or recorded, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subpart

Response action

means a method including removal, encapsulation, enclosure, repair, operations and maintenance, that protects human health and the environment from friable ACMB

Renovations

means altering a facility or one or more facility components in any way, including the stripping or removal of RAMC from a facility component. Operations in which load-supporting structural members are wrecked or taken out of demolitions.

Homogeneous area

means any area of surfacing material, thermal systems insulation material, or miscellaneous material that is uniform in color and texture

Visible emissions

means any emissions, which are visually detectable with out the help of instruments, coming form RAMC or asbestos-containing waste material, or form any asbestos milling, manufacturing, or fabricating operations. This does not include condensed, uncombined water vapor

Friable asbestos material

means any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CRF part 763, section 1, Polarized Light Microscopy that , when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM.

Category II nonfiriable AMC

means any material, excluding Category I nonfirable AMC, containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CRF part 763, section 1, Polarized Light Microscopy that , when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure

Functional Space ~ Schools

means any 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 classroom(s), a cafeteria, gymnasium, hallway(s), designated by a person accredited to prepare management plans, design abatement projects, or conduct response actions

Category 1 nonfriable asbestos-containing material (AMC)

means asbestos-containing packages, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CRF part 763, section 1, Polarized Light Microscopy

Miscellaneous material

means interior building material on structural components or fixtures, such as floors and ceiling tiles, and does not include surfacing material or thermal system insulation

Thermal system insulation

means material in a school building applied to pipes, fittings, boilers, breaching , tanks, ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or for other purposes

Surfacing material

means material in a school building that is spray-on, toweled-on, or otherwise applied to surfaces, such as acoustical plaster on ceilings ans fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes

Asbestos-containing building material (ACBM) ~ Schools

means surfacing AMC, thermal system insulation, or miscellaneous AMC that is found in or on interior structural members of other parts of a school building

Demolition

means the wrecking of tacking out of any load-supporting structural member of a facility together with any related handling operations or the international burning of any facility