La. Admin. Code tit. 33 § III-2735

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

Section III-2735 - Exclusions

A. A local education agency or the state government shall not be required to perform an inspection under LAC 33:III.2707.A in any sampling area as defined in LAC 33:III.2703 or homogeneous area of a school or state building where the following conditions exist.

1. An accredited inspector has determined that, based on sampling records, friable ACBM was identified in that homogeneous or sampling area during an inspection conducted before December 14, 1987. The inspector shall sign and date a statement to that effect with his or her accreditation number and, within 30 days after such determination, submit a copy of the statement to the person designated under LAC 33:III.2705 for inclusion in the management plan. However, an accredited inspector shall assess the friable ACBM under LAC 33:III.2713.

2. An accredited inspector has determined that, based on sampling records, nonfriable ACBM was identified in that homogeneous or sampling area during an inspection conducted before December 14, 1987. The inspector shall sign and date a statement to that effect with his or her accreditation number and, within 30 days after such determination, submit a copy of the statement to the person designated under LAC 33:III.2705 for inclusion in the management plan. However, an accredited inspector shall identify whether material that was nonfriable has become friable since that previous inspection and shall assess the newly friable ACBM under LAC 33:III.2713.

3. Based on sampling records and inspection records, an accredited inspector has determined that no ACBM is present in the homogeneous or sampling area, and the records show that the area was sampled before December 14, 1987, in substantial compliance with LAC 33:III.2707.A, which for the purposes of this Section means in a random manner and with a sufficient number of samples to reasonably ensure that the area is not ACBM.

a. The accredited inspector shall sign and date a statement, with his or her accreditation number, that the homogeneous or sampling area determined not be ACBM was sampled in substantial compliance with LAC 33:III.2707.A.

b. Within 30 days after the inspector's determination, the local education agency or the state government shall submit a copy of the inspector's statement to the Office of Environmental Services and shall include the statement in the management plan for that school or state building.

4. The Department of Environmental Quality has determined that, based on sampling records and inspection records, no ACBM is present in the homogeneous or sampling area, and the records show that the area was sampled before December 14, 1987, in substantial compliance with LAC 33:III.2707.A. Such determination shall be included in the management plan for that school or state building.

5. An accredited inspector has determined that, based on records of an inspection conducted before December 14, 1987, suspected ACBM identified in that homogeneous or sampling area is assumed to be ACM. The inspector shall sign and date a statement to that effect, with his or her accreditation number, and, within 30 days of such determination, submit a copy of the statement to the person designated under LAC 33:III.2705 for inclusion in the management plan. However, an accredited inspector shall identify whether material that was nonfriable suspected ACBM assumed to be ACM has become friable since the previous inspection and shall assess the newly friable material and previously identified friable suspected ACBM assumed to be ACM under LAC 33:III.2713.

6. Based on inspection records and contractor and clearance records, an accredited inspector has determined that no ACBM is present in the homogeneous or sampling area where asbestos removal operations have been conducted before December 14, 1987, and shall sign and date a statement to that effect and include his or her accreditation number. The local education agency or the state government shall submit a copy of the statement to the Office of Environmental Services and shall include the statement in the management plan for that school or state building.

7. An architect or project engineer responsible for the construction of a new school building built after October 12, 1988, or an accredited inspector signs a statement that no ACBM was specified as a building material in any construction document for the building or, to the best of his or her knowledge, no ACBM was used as a building material in the building. The local education agency shall submit a copy of the signed statement of the architect, project engineer, or accredited inspector to the Office of Environmental Services and shall complete applicable portions of Form AAC-8 (pages 1, 4, and 5) to serve as that portion of the management plan for that school.

B. The exclusion, under Paragraphs A.1-4 of this Section, from conducting the inspection under LAC 33:III.2707.A shall apply only to homogeneous or sampling areas of a school building that were inspected and sampled before October 17, 1987. The local education agency or the state government shall conduct an inspection under LAC 33:III.2707.A of all areas inspected before October 17, 1987, that were not sampled or were not assumed to be ACM.

C. If ACBM is subsequently found in a homogeneous or sampling area of a local education agency or the state government that had been identified as receiving an exclusion by an accredited inspector under Paragraph A.3, 4, or 5 of this Section, or an architect, project engineer, or accredited inspector under Paragraph A.7 of this Section, the local education agency or the state government shall have 180 days following the date of identification of ACBM to comply with this Chapter.

La. Admin. Code tit. 33, § III-2735

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 the Secretary, Legal Affairs Division, LR 31:2444 (October 2005), LR 33:2090 (October 2007), amended by Office of the Secretary, Legal Division, LR 40:508 (March 2014).

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