Virginia Law

Chapter 110. Aggressive Air Sampling Standards to Be Utilized in Final Clearance Inspections for Asbestos Projects in Local Education Agencies and Public Colleges and Universities in the Commonwealth of Virginia

1VAC30-110-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Abatement contractor" means the company or individual properly licensed in the Commonwealth of Virginia by the Virginia Department of Professional and Occupational Regulation who conducts asbestos abatement activities such as, but not limited to, removal, encapsulation or enclosure of asbestos-containing materials.

"Accredited" means a person or laboratory holding the credentials in accordance with Section 206 of Title II of AHERA.

"Airborne asbestos fibers" means suspended, settling or moving asbestos fibers or fiber bundles in air.

"Ambient air" means air in an area outside of the asbestos containment area. Areas chosen for air sampling should not be located near access/egress routes for the project, nor should they be located in areas known to contain friable asbestos-containing materials.

"Asbestos" means the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite.

"Asbestos analytical laboratory" means a laboratory accredited by the National Institute of Standards and Technology (NIST) for transmission electron microscopy (TEM) analysis, and licensed by the Virginia Department of Professional and Occupational Regulation to perform phase contrast microscopy (PCM) or TEM on material known or suspected to contain asbestos.

"Asbestos-containing material (ACM)" means the material or product containing more than 1.0% asbestos by weight.

"Asbestos containment area" means an area where an asbestos response action takes place.

"Asbestos debris" means pieces of ACM that can be identified by color, texture, or composition, or particulate matter (i.e., dust) if determined by an accredited inspector to contain more than 1.0% asbestos by volume.

"Encapsulation" means the treatment of ACM 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).

"Enclosure" means an airtight, impermeable, permanent barrier around ACM to prevent the release of asbestos fibers into the air.

"Forty Code of Federal Regulations Part 763, Subpart E (40 CFR Part 763, Subpart E)" and subsequent amendments thereto means the regulations promulgated by the U.S. Environmental Protection Agency in response to the "Asbestos Hazard Emergency Response Act (AHERA)."

"Local education agency (LEA)" means (i) the local education agency as defined in Section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381); (ii) the owner of any nonpublic, nonprofit elementary or secondary school building; or (iii) the governing authority of a school operated under the defense dependents' education system provided for under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.).

"OSHA" means the federal Occupation Safety and Health Administration.

"Phase Contrast Microscopy (PCM)" means a laboratory analysis method for measuring airborne asbestos fibers (National Institute of Occupational Health and Safety Method 7400).

"Project monitor" means a person who is licensed by the Virginia Department of Professional and Occupational Regulation to observe and monitor the activities of asbestos abatement contractors and roofing, flooring, siding (RFS) contractors on asbestos projects to determine that proper work practices are used and compliance with all federal, state and local laws and regulations is maintained.

"Public colleges and universities" means all state supported institutions of higher education as defined in § 23.1-100 of the Code of Virginia.

"Removal" means the physical removal and disposal of asbestos-containing material.

"Reoccupancy (clearance) level" means.01 or fewer asbestos fibers per cubic centimeter (.01 f/cc) if determined by PCM, or 70 or fewer structures per square millimeter (70 S/mm²) if determined by TEM analysis.

"Response action" means a method, including removal, encapsulation, enclosure, repair, operations and maintenance, to abate asbestos hazards to human health and the environment.

"Roofing, flooring, siding (RFS) contractor's license" means an authorization issued by the Virginia Department of Professional and Occupational Regulation permitting a person to enter into contracts to install, remove or encapsulate asbestos-containing roofing, flooring or siding materials.

"School" means any elementary or secondary school as defined in Section 198 of the Federal Elementary and Secondary Education Act of 1965 (20 U.S.C. 2854).

"School building" means (i) any structure suitable for use as a classroom, including a school facility such as a laboratory, library or school eating facility used for the preparation of food; (ii) a gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education; (iii) other facilities used for the instruction or housing of students or for the administration of educational or research programs; (iv) a maintenance, storage, or utility facility, including a hallway essential to the operation of any facility described in this definition of "school building"; (v) a portico or covered exterior hallway or walkway; or (vi) an exterior portion of a mechanical system used to condition interior space.

"Small-scale, short duration projects" means renovation and maintenance activities such as, but not limited to:

1. Removal of asbestos-containing insulation on pipes;

2. Removal of small quantities of asbestos-containing insulation on beams or above ceilings;

3. Replacement of an asbestos-containing gasket on a valve;

4. Installation or removal of a small section of drywall

5. Installation of electrical conduits through or proximate to asbestos-containing materials; and

6. As further described in Appendix B to Subpart E of 40 CFR Part 763.

"Transmission Electron Microscopy (TEM)" means a laboratory analysis method for measuring airborne asbestos fibers using a transmission electron microscope (40 CFR Part 763, Appendix A to Subpart E).

Statutory Authority

§ 2.1-526.14 of the Code of Virginia.

Historical Notes

Derived from VR330-03-02 § 1, eff. August 1, 1974; amended, Virginia Register Volume 9, Issue 21, eff. August 11, 1993.

1VAC30-110-20. Purpose.

The purpose of this chapter is to establish a safe, effective, and standard methodology for obtaining aggressive air samples to monitor air for clearance and area reoccupancy after a removal, encapsulation or enclosure project involving asbestos-containing material.

Statutory Authority

§ 2.1-526.14 of the Code of Virginia.

Historical Notes

Derived from VR330-03-02 § 2, eff. August 1, 1974; amended, Virginia Register Volume 9, Issue 21, eff. August 11, 1993.

1VAC30-110-30. Limitations.

A. The aggressive air sampling techniques mandated in this chapter shall be used only in an asbestos containment area with effective negative air filtration, shall be performed only by individuals meeting the licensing requirements described in 1VAC30-110-40, and shall not be initiated until a visual inspection is conducted and visible ACM and asbestos debris have been removed.

B. For LEAs, the number of samples collected and method of analysis shall comply with 40 CFR Part 763, Subpart E, and subsequent amendments thereto.

C. For all other buildings, the number of samples collected shall be as specified for PCM in 1VAC30-110-60 B. The acceptable method of analysis for the samples is by PCM. At the owner's discretion, TEM analyses may be substituted for or used as a supplement to PCM analyses for final clearance in non-LEA buildings. However, the required minimum number of samples will be as specified for PCM.

Statutory Authority

§ 2.1-526.14 of the Code of Virginia.

Historical Notes

Derived from VR330-03-02 § 3, eff. August 1, 1974; amended, Virginia Register Volume 9, Issue 21, eff. August 11, 1993.

1VAC30-110-40. Personnel and laboratory requirements.

A. Individuals performing aggressive air sampling techniques must have a valid asbestos project monitor's license issued by the Department of Professional and Occupational Regulation.

B. The following conflict of interest provisions shall be applicable to individuals performing aggressive air sampling techniques and asbestos analytical laboratories:

1. Individuals performing aggressive air sampling techniques shall not be employed by or have a financial affiliation with the asbestos abatement or RFS contractor conducting the asbestos abatement project. For asbestos projects in public colleges and universities, the college or university will contract directly for asbestos sampling and asbestos testing services.

2. Laboratories utilized for aggressive air sampling analyses on projects shall not have a business relationship concerning the projects with the contractors conducting the asbestos abatement activities on the projects, nor have financial affiliation with the contractors.

Statutory Authority

§ 2.1-526.14 of the Code of Virginia.

Historical Notes

Derived from VR330-03-02 § 4, eff. August 1, 1974; amended, Virginia Register Volume 9, Issue 21, eff. August 11, 1993.

1VAC30-110-50. Equipment requirements.

A. High volume air pumps with necessary peripheral equipment (hoses, connectors, etc.) calibrated to draw from four to 10 liters of air per minute (1pm) through the filter must be used for air sampling.

B. Filters must be 25 millimeter mixed cellulose ester (MCE) filters with a 0.8-1.2 micrometer pore size if the filter is to be analyzed by PCM, or a 0.45 micrometer pore size if analyzed by TEM. Sampling cassettes must have 50 millimeter extension cowls and must not have been previously used.

C. Electric leaf blowers with a rating of at least one horsepower and of a type to allow easy decontamination must be used to initially agitate and suspend any particles in the air. Twenty inches X 20 inches stationary box fans must be used to maintain particle suspension for the duration of the air sampling.

Statutory Authority

§ 2.1-526.14 of the Code of Virginia.

Historical Notes

Derived from VR330-03-02 § 5, eff. August 1, 1974; amended, Virginia Register Volume 9, Issue 21, eff. August 11, 1993.

1VAC30-110-60. Sampling procedures.

A. Set up.

1. Ensure that the area inside the enclosure is visibly clean of all ACM, dust and debris, that spray encapsulant utilized for lockdown purposes has dried, and that the negative air system is and remains fully operational at a rate of one air change per hour.

2. For each 1,000 square feet of negative air enclosure space, initially agitate the air with an electric leaf blower for at least five minutes, agitating the air on all horizontal and vertical surfaces. Activate at least one stationary fan for each 10,000 cubic feet of enclosure volume with the stationary fan angled toward the ceiling. Keep the stationary fan(s) operational for the duration of the sampling.

3. Place the air pumps and sampling cassettes such that each covers approximately the same square footage of floor area, and the exposed filter faces of the sampling cassettes are oriented approximately 45 degrees from the horizontal, using tape and clips as necessary to position the sampling cassettes.

4. Start the air pumps and sample for the required time, turning off the air pumps and then the stationary fan(s) when finished.

B. Number of samples.

The minimum required number of sample cassettes for each enclosure site is listed in the tables below (each set of samples consists of inside samples, ambient air samples, field blanks, and a sealed blank):

* For areas greater than 10,000 square feet, the number of inside air samples to be obtained will increase by one sample for each 5,000 square feet over 10,000 square feet. For example, using TEM an enclosure of 30,000 square feet would require nine inside samples, five ambient air samples, two field blanks, and one sealed blank, for a total of 17 samples in the set.

1. Field blanks required. Not less than 10% of the total inside air sample cassettes, or a minimum of two per set. The cap of each cassette is to be removed for not more than 30 seconds and replaced (before inside and ambient air sampling is initiated) at the following places:

a. Near the entrance to each abatement area, and

b. At one of the ambient sites.

2. Sealed blanks required. One sealed sample cassette blank shall be included with each sample set submitted for analysis.

C. Sampling times.

The run time for each air pump is calculated by dividing the flow rate (lpm) of the pump into the number of liters of air required to be collected (1,000 liters minimum for PCM analysis, 1,199 liters minimum for TEM analysis) to obtain the required number of minutes.

D. Recording.

A floor plan indicating the locations of the collected sample cassettes, along with a data sheet indicating the project name, project monitor, location of project, date samples were collected, calibrated flows for each air pump, start and stop times for each air pump, the preferred method of analyses specified, and the calculated number of liters drawn for each cassette sample, shall be transmitted to the laboratory with the cassette samples to be analyzed. The inclusion of these documents is necessary when generating reports on final clearance air sampling for the project.

E. Shipping.

Air sample cassettes shall be shipped in separate containers from bulk samples. To prevent sample cassette contamination, avoid using expanded polystyrene because of its static charge and particle-based packaging materials.

Statutory Authority

§ 2.1-526.14 of the Code of Virginia.

Historical Notes

Derived from VR330-03-02 § 6, eff. August 1, 1974; amended, Virginia Register Volume 9, Issue 21, eff. August 11, 1993.

1VAC30-110-70. Laboratory analysis.

A. TEM analysis shall be conducted as described in 40 CFR, Part 763, Subpart E, Appendix A, Unit II.

B. PCM analysis shall be conducted using the National Institute for Occupational Safety and Health (NIOSH) Method 7400 entitled "Fibers" published in the NIOSH Manual of Analytical Methods, 3rd Edition, Second Supplement, August 1987.

C. The following minimum information must be reported by the analytical laboratory to the client:

1. Concentration in structures per square millimeter (TEM) and structures per cubic centimeter (PCM).

2. Analytical sensitivity used for the analysis.

3. Number of asbestos structures (TEM).

4. Area analyzed.

5. Volume of air samples (which was initially provided by client.

6. Average grid size opening.

7. Number of grids analyzed.

8. Copy of the count sheet.

9. Type of asbestos.

10. Signature of laboratory analyst.

11. Official laboratory identification.

12. Floor plan indicating location where samples were obtained (provided initially by client).

13. Copy of asbestos analytical laboratory license.

Statutory Authority

§ 2.1-526.14 of the Code of Virginia.

Historical Notes

Derived from VR330-03-02 § 7, eff. August 1, 1974; amended, Virginia Register Volume 9, Issue 21, eff. August 11, 1993.

1VAC30-110-80. Final clearance.

Final clearance is achieved when using TEM analysis when the average concentration of asbestos fibers of the five air samples taken inside the abatement area is no greater than 70 structures per square millimeter. Where the volume of air collected per sample cassette is less than 1,199 liters for a 25 millimeter filter, the concentrations for both inside and outside samples must be compared by the Z test detailed in Unit IV, paragraph C, Appendix A to Subpart E of 40 CFR, Part 763 to determine if final clearance has been achieved.

Final clearance is achieved using PCM analysis when the concentration of fibers for each of five samples is less than or equal to 0.01 fibers per cubic centimeter of air.

If the sample cassettes submitted for analysis do not achieve the level of cleanliness specified above for either TEM or PCM analysis, final clearance is not achieved and the abatement site must be recleaned, and new sets of sample cassettes collected and analyzed until the abatement area passes. This process must continue until the abatement area is in compliance with the above standard.

Statutory Authority

§ 2.1-526.14 of the Code of Virginia.

Historical Notes

Derived from VR330-03-02 § 8, eff. August 1, 1974; amended, Virginia Register Volume 9, Issue 21, eff. August 11, 1993.