La. Admin. Code tit. 33 § III-2723

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-2723 - Management Plans

A. Local education agencies or the state government shall submit Form AAC-8 concerning management plans for the following buildings. Local education agencies and the state government are exempt from the requirement to develop and submit a management plan in connection with Form AAC-8 if there has been a determination that there is no asbestos present in the building in accordance with LAC 33:III.2735.A.3, 4, 6, and 7.

1. Each local education agency or the state government shall develop an asbestos management plan for each school, including all buildings that are leased, owned, or used as school or state buildings, and submit the plan to the Office of Environmental Services. After June 20, 1994, the original submittal of each plan shall be submitted at least 30 days prior to its use as a school or state building using the Form AAC-8, required elements for asbestos management plans (latest revised form can be obtained from the Office of Environmental Services or through the department's website. The plan may be submitted in stages, if applicable that cover portions of the school or state building under the authority of the local education agency or the state government as specified in LAC 33:III.2701.C.1.

2. If a building to be used as part of a school or is leased or acquired, the local education agency shall include the additional building in the management plan for the school prior to its use as a school. The revised portions of the management plan shall be submitted to the Office of Environmental Services.

3. If a local education agency or the state government begins to use a building as a school or state building more than 90 days after promulgation of this regulation, the local education agency or the state government shall submit a management plan for the school or state building to the Office of Environmental Services prior to its use as a school or state building. Each plan developed or modified after June 20, 1994, shall include Form AAC-8, required elements for management plans.

B. Each local education agency or the state government shall implement its management plan within 180 days after occupancy.

C. Each local education agency or the state government shall maintain and update its management plan to keep it current with ongoing operations and maintenance, periodic surveillance, inspection, reinspection, and response action activities. All provisions required to be included in the management plan under this Section shall be retained as part of the management plan (by either hard copy, or as an electronic file), as well as any information that has been revised to bring the plan up-to-date.

D. The management plan shall be developed by a management planner accredited by the department at the time the work was performed, and shall include the following.

1. The name and address of each school and state building shall be listed and whether the school and state building contains friable ACBM, nonfriable ACBM, and friable and nonfriable suspected ACBM assumed to be ACM shall be specified.

2. The following shall be included for each inspection conducted before December 14, 1987:

a. the date of the inspection;

b. a blueprint, diagram, or written description of each school or state building that identifies clearly each location and approximate square or linear footage of any homogeneous or sampling area where material was sampled for ACM, and, if possible, the exact locations where bulk samples were collected and the dates of collection;

c. a copy of the analyses of any bulk samples, dates of analyses, and a copy of any other laboratory reports pertaining to the analyses;

d. a description of any response actions or preventive measures taken to reduce asbestos exposure, including if possible, the names and addresses of all contractors involved, start and completion dates of the work, and results of any air samples analyzed during and upon completion of the work; and

e. a description of assessments, required under LAC 33:III.2713, of material that was identified before December 14, 1987, as friable ACBM or friable suspected ACBM assumed to be ACM, and the name and signature, state of accreditation, and accreditation number of each accredited person making the assessments.

3. The following shall be included for each inspection and reinspection conducted under LAC 33:III.2707:

a. the date of the inspection or reinspection, the name and signature, and a copy of the accreditation certificate current at the time of inspection of each accredited inspector performing the inspection or reinspection;

b. a blueprint, diagram, or written description of each school or state building that clearly identifies each location and approximate square or linear footage of homogeneous areas where material was sampled for ACM, the exact location where each bulk sample was collected, date of collection, homogeneous areas where friable suspected ACBM is assumed to be ACM, and areas where nonfriable suspected ACBM is assumed to be ACM;

c. a description of the manner used to determine sampling locations, and the name and signature of each accredited inspector collecting samples, and a copy of the accreditation certificate current at the time of inspection;

d. a copy of the analyses of any bulk samples collected and analyzed, the name and address of any laboratory that analyzed bulk samples, a statement that the laboratory meets the applicable requirements of LAC 33:III.2711.A, the date of analysis, the name and signature of the person performing the analysis, and a copy of the laboratory accreditation certificate; and

e. a description of assessments, required under LAC 33:III.2713, of all ACBM and suspected ACBM assumed to be ACM, and the name, signature, and a copy of the accreditation certificate current at the time of inspection of each accredited person making the assessments.

4. The name, address, and telephone number of the person designated under LAC 33:III.2705 to ensure that the duties of the local education agency are carried out, the identity and qualifications of the person providing the training to the person designated, a description of and documentation of the training provided, and dates and training hours taken by that person to carry out the duties shall be included.

5. The recommendations made to the local education agency regarding response actions under LAC 33:III.2713.D, and the name, and signature of each person making the recommendations, and a copy of the accreditation certificate current at the time shall be included.

6. A detailed description of preventive measures and response actions to be taken for any friable ACBM, including methods to be used, the locations where such measures and action will be taken, reasons for selecting the response action or preventive measure, and a schedule for beginning and completing each preventive measure and response action shall be included.

7. With respect to the person or persons who inspected for ACBM and who will design or carry out response actions, except for operations and maintenance, with respect to the ACBM, a statement that the person(s) is accredited under the provisions in LAC 33:III.2799, Appendix A and a copy of the accreditation certificate current at the time shall be included.

8. A detailed description in the form of a blueprint, diagram, or in writing of any ACBM or suspected ACBM assumed to be ACM that remains in the school or state building once response actions are undertaken pursuant to LAC 33:III.2717 shall be included. This description shall be updated as response actions are completed.

9. A plan for reinspection under LAC 33:III.2707, a plan for operations and maintenance activities under LAC 33:III.2719, and a plan for periodic surveillance under LAC 33:III.2721; a description of the recommendation made by the management planner regarding additional cleaning under LAC 33:III.2719.C.2 as part of an operations and maintenance program; and the response of the local education agency or the state government to that recommendation shall be included.

10. A description of steps taken to inform workers and building occupants, or their legal guardians, about inspections, reinspections, response actions, and post-response action activities, including periodic reinspection and surveillance activities that are planned or in progress shall be included.

11. An evaluation of the resources needed to complete response actions successfully and carry out reinspection, operations and maintenance activities, periodic surveillance, and training shall be included.

12. With respect to each consultant who contributed to the management plan, the name of the consultant and a statement that the consultant is accredited according to the provisions in LAC 33:III.2799.Appendix A shall be included.

E. A local education agency or the state government may require each management plan to contain a statement signed by an accredited management plan developer that such person has prepared or assisted in the preparation of such plan or has reviewed such plan, and that such plan is in compliance with this Chapter. Such statement may not be signed by a person who, in addition to preparing or assisting in preparing the management plan, also implements (or will implement) the management plan.

F. Copies of the management plan shall be made available, and notification of their availability shall be given as follows.

1. Upon submission of a management plan for review, a local education agency or state government shall keep a copy of the plan in its administrative office. The management plans shall be available, without cost or restriction, for inspection by representatives of EPA and the state, and the public, including parents, teachers, other school or public personnel, and their representatives. The local education agency or the state government may charge a reasonable cost to make copies of management plans.

2. Each local education agency or the state government shall maintain in its administrative office a complete, updated copy of a management plan for each school or state building under its administrative control or direction. The management plans shall be available, during normal business hours, without cost or restriction, for inspection by representatives of EPA and the state and the public, including teachers, other school personnel and their representatives, and parents. The local education agency or the state government may charge a reasonable cost to make copies of management plans.

3. Each school or state building shall maintain in its administrative office, or in a central location approved by the administrative authority, a complete, updated copy of the management plan for that school or state building. Management plans shall be available for inspection, without cost or restriction, to workers before work begins in any area of a school or state building. The school or state building shall make management plans available for inspection to representatives of EPA and the state and to the public, including parents, teachers, and other school or public personnel and their representatives within five working days after receiving a request for inspection. The school or state building may charge a reasonable cost to make copies of the management plan.

4. Upon submission of its management plan and at least once each year, the local education agency or the state government shall provide notice to parents, teachers, and employees of the availability of management plans by one or more of the following: letter, e-mail, text message, or website post. The management plan shall include a description of the steps taken to provide notice and a dated copy of the notification.

G. Records required under LAC 33:III.2725 shall be made by local education agencies and the state government and maintained as part of the management plan.

H. Each management plan must contain a true and correct statement, signed by the individual designated by the local education agency or the state government under LAC 33:III.2705, which certifies that the general, local education agency or the state government responsibilities, as stipulated by LAC 33:III.2705, have been met or will be met.

La. Admin. Code tit. 33, § III-2723

Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 15:735 (September 1989), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:649 (June 1994), LR 22:700 (August 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2457 (November 2000), amended by the Office of Environmental Assessment, LR 30:2021 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2444 (October 2005), LR 33:2090 (October 2007), amended by the Office of the Secretary, Legal Division, LR 40:507 (March 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2344 and 40:1749.1.