department of public health and environment
Air Quality Control Commission
Regulation no. 8
control of hazardous air pollutants
5 CCR 1001-10
PART B.	Asbestos Control
All underlined text in this regulation indicates defined terms.
I.	INCORPORATED MATERIAL STATEMENT; DEFINITIONS
I.A.	INCORPORATED MATERIALS
Some documents are noted in this regulation as being incorporated by reference. Materials incorporated by reference are those in existence as of the dates indicated and do not include later amendments. The material incorporated by reference is available for public inspection during regular business hours at the Office of the Commission, located at 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, or may be examined at any state publications depository library. Parties wishing to inspect these materials should contact the Technical Secretary of the Commission, located at the Office of the Commission. The following materials are herein incorporated by reference:
I.A.1.	United States Environmental Protection Agency's Asbestos Hazard Emergency Response Act (AHERA), (1995) Subpart E, 40 C.F.R. Part 763, section 1, and Appendix E to Subpart E.
I.A.2.	United States Environmental Protection Agency's Asbestos Hazard Emergency Response Act (AHERA) Model Accreditation Plan (MAP), 40 C.F.R. Part 763 (1994), Subpart E, Appendix C.
I.A.3.	United States Environmental Protection Agency's National Emission Standard for Asbestos, Standard For Waste Disposal For Manufacturing, Fabricating, Demolition, Renovation, And Spraying Operations, 40 C.F.R. Part 61 Section 150 (1995).
I.A.4.	United States Environmental Protection Agency's August 1994 Method EPA/600/R-93/116, “Method for the Determination of Asbestos in Bulk Building Materials”.
I.A.5.	United States Environmental Protection Agency's “Green Book”, Managing Asbestos in Place, (TS-799) 20T-2003, Appendix G (1990).
I.A.6.	United States Environmental Protection Agency's “Pink Book”, Simplified Sampling Scheme for Friable Surfacing Materials, (EPA 560/5-85-030a) (1985).
I.A.7.	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.
I.A.8.	Occupational Safety and Health Administration (OSHA) Regulation “Asbestos”, 29 C.F.R. Part 1910.1001, Appendix A (OSHA 1987).
I.B.	DEFINITIONS
All terms used in this Regulation No. 8, Part B, and that are not defined below are given the same meaning as in the definitions in Regulation No. 8, Part A section (I.D.), and the common provisions regulation:
I.B.1.	Accessible when referring to ACM means that the material is subject to disturbance by school or building occupants or custodial or maintenance personnel in the course of their normal activities.
I.B.2.	Act means C.R.S. sections 25-7-101 et seq., concerning the control of asbestos.
I.B.3.	Adequately wet means sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.
I.B.4.	Air erosion means the passage of air over friable ACBM, which may result in the release of asbestos fibers.
I.B.5.	Airlock means a system for permitting ingress and egress with minimum air movement between a contaminated area and an uncontaminated area.
I.B.6.	Air monitoring means measuring the fiber content of a known volume of air collected over a known period of time.
I.B.7.	Air Monitoring Specialist means a person who performs final visual clearance inspections or any air monitoring referred to in this regulation.
I.B.8.	Amended water means water to which a surfactant has been added.
I.B.9.	Area of Public Access
I.B.9.a.	Area of Public Access means any building, facility, or property, or only that portion thereof, that any member of the general public can enter without limitation or restriction by the owner or lessee under normal business conditions; except that “Area of Public Access” includes a single-family residential dwelling and any facility that charges the general public a fee for admission such as any theater or arena. “General Public” does not include employees of the entity that owns, leases, or operates such building, facility, or property, or such portion thereof, or any service personnel or vendors connected therewith.
I.B.9.b.	Notwithstanding the provisions of section I.B.9.a., a single-family residential dwelling shall not be considered an area of public access for purposes of this Regulation No. 8, Part B, if the homeowner who resides in the single-family residential dwelling that is the homeowner's primary residence requests, pursuant to section III.E.2., that the single-family residential dwelling not be considered an area of public access.
I.B.10.	Asbestos means asbestiform varieties of chrysotile, amosite (cummintonite-grunerite), crocidolite, anthophyllite, tremolite, and actinolite.
I.B.11.	Asbestos Abatement means any of the following:
I.B.11.a.	The wrecking or removal of structural members that contain friable asbestos-containing material;
I.B.11.b.	The following practices intended to prevent the escape of asbestos fibers into the atmosphere:
I.B.11.b.i.	Coating, binding, or resurfacing of walls, ceilings, pipes, or other structures for the purpose of minimizing friable asbestos-containing material from becoming airborne;
I.B.11.b.ii.	Enclosing friable asbestos-containing material to make it inaccessible;
I.B.11.b.iii.	Removing friable asbestos-containing material from any pipe, duct, boiler, tank, reactor, furnace, or other structural member.
I.B.11.b.iv.	Removing facility components that are asbestos covered or asbestos containing.
I.B.12.	Asbestos Abatement Contractor means any person hired to conduct asbestos abatement.
I.B.13.	Asbestos Consulting Firm means any person hired for a fee to conduct any of the following activities, as required by regulation Number 8, Part B, in the state of Colorado: asbestos building inspection and bulk sampling; development of asbestos management plans; air monitoring for asbestos fibers; development of asbestos project designs; and, project management, as specified in Section II.J.
I.B.14.	Asbestos Laboratory means any person hired for a fee to conduct asbestos analysis of bulk or air samples, as required by Regulation Number 8, Part B, in the state of Colorado.
I.B.15.	Asbestos Training Provider means any person who puts on training courses in any of the following asbestos disciplines in the state of Colorado: worker, supervisor, project designer, building inspector, management planner or air monitoring specialist.
I.B.16.	Asbestos-containing building material means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts of a school building or state building.
I.B.17.	Asbestos-containing material means material containing more than 1% asbestos.
I.B.18.	Asbestos-containing waste material means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this Regulation. This term includes, but is not limited to, asbestos waste from control devices, friable asbestos-containing waste material, disposable equipment and clothing, and bags or other similar packaging contaminated with commercial asbestos.
I.B.19.	Asbestos debris means pieces of ACM that can be identified by color, texture, or composition, or means dust, if the dust is determined by a certified Inspector to be ACM.
I.B.20.	Asbestos mill means any facility engaged in converting, or in any intermediate step in converting, asbestos ore into commercial asbestos. Outside storage of asbestos-containing material is not considered a part of the asbestos mill.
I.B.21.	Asbestos spill means any release of asbestos fibers due to a breach of the containment barrier on an abatement project, or due to any cause other than asbestos abatement.
I.B.22.	Asbestos tailings mean any solid waste that contains asbestos and is a product of asbestos mining or milling operation.
I.B.23.	Assessment, when used in reference to ACM in a state building, means any evaluation of ACM, or suspected ACM, which determines the need for a response action.
I.B.24.	Category I nonfriable asbestos-containing material means asbestos-containing packing, gaskets, resilient floor covering, and asphalt roofing products containing more than1 percent asbestos as determined using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, section 1, polarized light microscopy (EPA 1995).
I.B.25.	Category II nonfriable ACM means any material, excluding category Inonfriable ACM, containing more than 1 percent asbestos as determined using the methods specified in Appendix E, Subpart E, 40 C.F.R. Part 763, section 1, polarized light microscopy, (EPA 1995) that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
I.B.26.	Certified means holding a certificate issued pursuant to this regulation.
I.B.27.	Certified Industrial Hygienist means an individual who has been certified by the American Board of Industrial Hygiene to practice as a CIH.
I.B.28.	Clean Room means an uncontaminated area or room, which is a part of the Worker decontamination enclosure system with provisions for storage of Workers' street clothes and clean protective equipment.
I.B.29.	Commercial asbestos means any material containing asbestos that is extracted from ore and has value because of its asbestos content.
I.B.30.	Commission means the Colorado Air Quality Control Commission.
I.B.31.	Critical Barrier means a single layer of 6-mil or greater polyethylene sheeting or an equivalent airtight barrier installed initially over all doors, windows, ventilation openings, drains, wall penetrations, etc., as an additional measure to prevent contaminated air from escaping the work area.
I.B.32.	Curtained Doorway means a device to allow ingress or egress from one room to another while permitting minimal air movement between the rooms.
I.B.33.	Cutting means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching.
I.B.34.	Damaged friable miscellaneous ACM means friable miscellaneous ACM which has deteriorated or sustained physical injury such that the internal structure (cohesion) of the material is inadequate or, if applicable, which has delaminated such that its bond to the substrate (adhesion) is inadequate or which for any other reason, lacks fiber cohesion or adhesion qualities. Such damage or deterioration may be illustrated by the separation of ACM into layers; separation of ACM from the substrate; flaking, blistering, or crumbling of the ACM surface; water damage; significant or repeated water stains, scrapes, gouges, mars or other signs of physical injury on the ACM. Asbestos debris originating from the ACBM in question may also indicate damage.
I.B.35.	Damaged friable surfacing ACM means friable surfacing ACM, which has deteriorated or sustained physical injury such that the internal structure (cohesion) of the material is inadequate or which has delaminated such that its bond to the substrate (adhesion) is inadequate, or which, for any other reason lacks fiber cohesion or adhesion qualities. Such damage or deterioration may be illustrated by the separation of ACM into layers; separation of ACM from the substrate; flaking, blistering, or crumbling of the ACM surface; water damage; significant or repeated water stains, scrapes, gouges, mars or other signs of physical injury on the ACM. Asbestos debris originating from the ACBM in question may also indicate damage.
I.B.36.	Damaged or significantly damaged thermal system insulation ACM means thermal system insulation ACM on pipes, boilers, tanks, ducts, and other thermal system insulation equipment where the insulation has lost its structural integrity, or its covering, in whole or in part, is crushed, water-stained, gouged, punctured, missing, or not intact such that it is not able to contain fibers. Damage may be further illustrated by occasional punctures, gouges or other signs of physical injury to ACM; occasional water damage on the protective coverings/jackets; or exposed ACM ends or joints. Asbestos debris originating from the ACBM in question may also indicate damage.
I.B.37.	Decontamination enclosure system means a series of three (minimum) connected rooms, separated from the work area and from each other by air locks or curtained doorways, for the decontamination of Workers and equipment.
I.B.38.	Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility.
I.B.39.	Division means the Colorado Air Pollution Control Division.
I.B.40.	Emergency means an unexpected situation or sudden occurrence of a serious and urgent nature that demands immediate action and that constitutes a threat to life, health or that may cause major damage to property. Delay of a contract does not constitute an emergency, nor are demolition projects emergencies.
I.B.41.	Encapsulation means application of a liquid material to asbestos-containing material which controls the possible release of asbestos fibers from the material either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together (penetrating encapsulant).
I.B.42.	Enclosure means an airtight, impermeable, permanent barrier around ACM to minimize the release of asbestos fibers into the air.
I.B.43.	Equipment room means a contaminated area or room, which is part of the Worker decontamination enclosure system with provisions for storage of contaminated clothing and equipment.
I.B.44.	Fabricating means any processing (e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating includes bonding, rebonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating.
I.B.45.	Facility means 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 waste disposal site. For purposes of the definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this subpart is not excluded, regardless of its current use or function.
I.B.46.	Facility component means any part of a facility including equipment.
I.B.47.	Fiber release episode means any uncontrolled or unintentional disturbance of ACM resulting in visible emissions.
I.B.48.	Final cleaning means the cleaning of all dust and debris from the work area near the end of the active abatement phase, immediately prior to the final visual inspection.
I.B.49.	Fixed object means a piece of equipment or furniture in the work area, which cannot be readily removed from the work area.
I.B.50.	Friable means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously nonfriable material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.
I.B.51.	Friable asbestos containing material means any material that contains asbestos and when dry can be crumbled, pulverized, or reduced to powder by hand pressure and that contains more than one percent asbestos by weight, area or volume. The term includes nonfriable forms of asbestos after such previously nonfriable material becomes damaged to the extent that when dry it can be crumbled, pulverized, or reduced to powder by hand pressure.
I.B.52.	Functional space means a 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 a classroom(s), a cafeteria, gymnasium, hallways, designated by a person certified to prepare management plans, design abatement projects, or conduct response actions.
I.B.53.	Glovebag means a manufactured or fabricated device, typically constructed of six mil transparent polyethylene or polyvinylchloride plastic, consisting of two inward projecting long sleeves with attached gloves, an internal tool pouch, and an attached, labeled receptacle for asbestos waste.
I.B.54.	Grinding means to reduce to powder or small fragments and includes mechanical chipping or drilling.
I.B.55.	HEPA filtration means a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 microns in diameter or larger.
I.B.56.	HEPA vacuum means a vacuum system approved by the manufacturer for use in asbestos applications equipped with HEPA filtration.
I.B.57.	Homogeneous area means an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture.
I.B.58.	Independent means that a person is not an employee, agent, representative, partner, joint venture, shareholder, parent or subsidiary company of another person.
I.B.59.	Large contiguous facility complex means a complex that has a single owner and have 3 or more buildings on a single property or adjoining properties.
I.B.60.	Local education agency (LEA) means:
I.B.60.a.	Any local educational agency as defined in section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381).
I.B.60.b.	The owner or operator of any nonpublic, nonprofit, elementary, or secondary school building.
I.B.60.c.	The governing authority of any school building operated under the Defense Department's education system provided for under the Defense Department's Education Act of 1978 (20 U.S.C. 921, et seq.).
I.B.61.	Manufacturing means the combining of commercial asbestos-or, in the case of woven friction products, the combining of textiles containing commercial asbestos - with any other material(s), including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing.
I.B.62.	Mini-enclosure means any containment barrier small enough to restrict entry to the asbestos work area to no more than two Workers, constructed around an area where small-scale, short-duration asbestos abatement is to be performed.
I.B.63.	Miscellaneous ACM means miscellaneous material that is ACM.
I.B.64.	Miscellaneous material means interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation.
I.B.65.	Movable objects means pieces of equipment or furniture in the work area, which can be readily removed from the work area.
I.B.66.	Negative pressure ventilation system means portable exhaust systems equipped with HEPA filtration and capable of maintaining a constant high velocity air flow out of the contaminated area, resulting in a constant low velocity air flow into contaminated areas from adjacent uncontaminated areas.
I.B.67.	Nonfriable means material which, when dry, may not be crumbled, pulverized, or reduced to powder by hand pressure.
I.B.68.	Operations and maintenance program means a program of work practices to maintain friable ACBM in good condition, ensure clean up of asbestos fibers previously released, and prevent further release by minimizing and controlling friable ACBM disturbance or damage.
I.B.69.	Particulate asbestos material means finely divided particles of asbestos or material containing asbestos.
I.B.70.	Person means any individual, any public or private corporation, partnership, association, firm, trust, or estate, the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity, which is recognized by law as the subject of rights and duties.
I.B.71.	Phase Contrast Microscopy is an analytical technique used for the counting of fibers on a filter of an air sample. This technique is not specific for asbestos.
I.B.72.	Polarized Light Microscopy is an analytical technique used for identifying types of asbestos fibers in bulk material samples.
I.B.73.	Porous means capable of trapping, retaining or holding asbestos fibers even during aggressive cleaning methods such as wet washing, wiping and HEPA vacuuming.
I.B.74.	Potential damage means circumstances in which:
I.B.74.a.	Friable ACBM is in an area regularly used by building occupants including maintenance personnel, in the course of their normal activities.
I.B.74.b.	There are indications that there is a reasonable likelihood that the material or its covering will become damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage.
I.B.75.	Potential significant damage means circumstances in which:
I.B.75.a.	Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities.
I.B.75.b.	There are indications that there is a reasonable likelihood that the material or its covering will become significantly damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage.
I.B.75.c.	The material is subject to major or continuing disturbance, due to factors including, but not limited to, accessibility or, under certain circumstances, vibration or air erosion.
I.B.76.	Pre-cleaning means the cleaning of the work area of visible dust and debris prior to active abatement.
I.B.77.	Preventive measures mean actions taken to reduce disturbance of ACBM or otherwise eliminate the reasonable likelihood of the materials becoming damaged or significantly damaged.
I.B.78.	Project Design means plans, specifications, project procedures, containment design/placement, descriptions of engineering controls, and shop drawings for an asbestos abatement project or response action.
I.B.79.	Public and Commercial Building means any building, which is not a school building, except that the term does not include any residential apartment building of ten or fewer units. Single-family residential dwellings are excluded from this definition. This definition includes all industrial buildings.
I.B.80.	Regulated asbestos-containing material means (a) friable asbestos-containing material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this regulation.
I.B.81.	Removal means the taking out or the stripping of ACBM from a damaged area, a functional space, or a homogeneous area in a building.
I.B.82.	Renovation means altering in any way one or more facility components. Operations in which load-supporting structural members are wrecked or taken out are excluded. Examples of renovation work include replacement or repair of mechanical ventilation systems, pipes, ceilings, walls, flooring (including floor tiles), and insulating materials.
I.B.83.	Repair means returning damaged ACBM to an undamaged condition or to an intact state so as to prevent fiber release.
I.B.84.	Resilient Floor Tile means tile, which may include vinyl asbestos tile (VAT), asphalt tile, and rubber tile. Tile often appears as 9” x 9” or 12” x 12” floor tile squares. This material may be found in schools, offices and residential applications. Not all resilient floor tile contains asbestos.
I.B.85.	Response action means a method, including removal, encapsulation, enclosure, repair, operations and maintenance that protect human health and the environment from friable ACM.
I.B.86.	Roadways mean surfaces on which vehicles travel. This term includes public and private highways, roads, streets, parking areas, and driveways.
I.B.87.	Routine maintenance area means an area, such as a boiler room or mechanical room that is not normally frequented by students and in which maintenance employees or contract Workers regularly conduct maintenance activities.
I.B.88.	Sampling Area means any area, whether contiguous or not, within a building which contains friable material that is homogeneous.
I.B.89.	School means any institution that provides elementary or secondary education.
I.B.90.	School building means:
I.B.90.a.	Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.
I.B.90.b.	Any gymnasium or other facility, which is specially designed for athletic or recreational activities for an academic course in physical education.
I.B.90.c.	Any other facility used for the instruction or housing of students or for the administration of educational or research programs.
I.B.90.d.	Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in this definition of “school building” under subparagraphs I.B.87.a, b, or c.
I.B.90.e.	Any portico or covered exterior hallway or walkway of any facility described in this definition of “school building” in subparagraphs I.B.87.a, b, c, or d.
I.B.90.f.	Any exterior portion of a mechanical system used to condition interior space of any facility described in this definition of “school building” in subparagraphs I.B.87,a, b, c, or d.
I.B.91.	Secondary Containment means a system of airtight barriers to isolate the work area to prevent the migration of air from the work area.
I.B.92.	Sheet Vinyl Flooring means material that is usually found in 6 ft., 9 ft., and 12 ft., width sheets. It often consists of three or more laminated layers. The upper layers are comprised of a wear layer and design feature. The bottom layer may be an asbestos-containing backing, which may be grayish-white in color. Sheet vinyl flooring may be installed in an adhered or loose-laid manner. Other possible applications for this material include countertops and wall coverings. Not all sheet vinyl flooring has an asbestos-containing backing.
I.B.93.	Shower room means a room between the clean room and the equipment room in the Worker decontamination enclosure suitably arranged for complete showering during decontamination.
I.B.94.	Significantly damaged friable miscellaneous ACM means damaged friable miscellaneous ACM where the damage is extensive and severe.
I.B.95.	Significantly damaged friable surfacing ACM means damaged friable surfacing ACM in a functional space where the damage is extensive and severe.
I.B.96.	Single-family residential dwelling or unit means any structure or portion of a structure whose primary use is for housing of one family. Residential portions of multi-unit dwellings such as apartment buildings, condominiums, duplexes and triplexes are also considered to be, for the purposes of this Regulation No. 8, single-family residential dwellings; common areas such as hallways, entryways, and boiler rooms are not single-family residential dwellings.
I.B.97.	Staging area means either the holding area or an area near the waste transfer airlock where containerized asbestos waste has been placed prior to removal from the work area.
I.B.98.	State-owned or state-leased buildings means structures occupied by any person which are either owned by the state or utilized by the state through leases of one year's duration or longer.
I.B.99.	Strip means to take off RACM from any part of a facility or facility components.
I.B.100.	Structural member means any load-supporting member of a facility, such as beams and load supporting walls; or any non load-supporting member, such as ceilings and non load-supporting walls.
I.B.101.	Surfacing ACM means surfacing material that is ACM.
I.B.102.	Surfacing material means material that is sprayed on, troweled on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes.
I.B.103.	Surfactant means a chemical wetting agent added to water to improve penetration.
I.B.104.	Thermal system insulation means material applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or for other purposes.
I.B.105.	Thermal system insulation ACM means thermal system insulation that is ACM.
I.B.106.	Transmission Electron Microscopy is an analytical technique used for the definitive identification of asbestos. This technique can be used for both air and bulks sample analyses.
I.B.107.	Trigger levels means amounts of material as follows:
I.B.107.a.	With regard to single-family residential dwellings, the trigger levels are 50 linear feet on pipes, 32 square feet on other surfaces, or the volume equivalent of a 55-gallon drum.
I.B.107.b.	With regard to all areas other than single-family residential dwellings, the trigger levels are 260 linear feet on pipes, 160 square feet on other surfaces, or the volume equivalent of a 55-gallon drum.
I.B.108.	Vibration means the periodic motion of friable ACM, which may result in the release of asbestos fibers.
I.B.109.	Visible emission means any emissions, which are visually detectable without the aid of instruments, coming from asbestos containing material or asbestos containing waste material.
I.B.110.	Waste load-out area means a specially constructed airlock system utilized as a short-term storage area for bagged or barreled waste and as a port for transferring waste to the transport vehicle. This area is separate from the decontamination unit.
I.B.111.	Wet cleaning means eliminating asbestos contamination from building surfaces and objects by using cloths, mops, or other cleaning utensils, which have been dampened with amended water.
I.B.112.	Work area means a room, group of rooms, or contiguous area sealed or contained by polyethylene barriers and/or walls for the purpose of eliminating air exchange between another room, group of rooms, or contiguous areas.
I.B.113.	Working day means Monday through Friday and including holidays that falls on any of the days Monday through Friday.
I.C.	ACRONYMS

I.C.1.	ABIH	American Board of Industrial Hygiene6015 West St. Joseph, Suite 102, Lansing, MI 48917-3980	
I.C.2.	ACBM	asbestos-containing building material	
I.C.3.	ACGIH	American Conference of Governmental Industrial Hygienists1300 Kemper Meadow Drive, Cincinnati, OH 45240	
I.C.4.	ACM	asbestos-containing material	
I.C.5.	ACWM	asbestos-containing waste material	
I.C.6.	AHERA	Asbestos Hazard Emergency Response Act	
I.C.7.	AIHA	American Industrial Hygiene Association2700 Prosperity Avenue, Suite 250, Fairfax, VA 22031	
I.C.8.	AMS	Air Monitoring Specialist	
I.C.9.	ANSI	American National Standards Institute 1819 L Street, NW, Suite 600, Washington, DC 20036	
I.C.10.	APCD	Air Pollution Control Division	
I.C.11.	ASHARA	Asbestos School Hazard Abatement Reauthorization Act	
I.C.12.	ASTM	American Society for Testing and Materials 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959	
I.C.13.	AQCC	Air Quality Control Commission	
I.C.14.	CCR	Code of Colorado Regulations	
I.C.15.	CDPHE	Colorado Department of Public Health and Environment	
I.C.16.	CFM	cubic feet per minute	
I.C.17.	CFR	Code of Federal Regulations	
I.C.18.	CIH	Certified Industrial Hygienist	
I.C.19.	C.R.S.	Colorado Revised Statutes	
I.C.20.	EPA	Environmental Protection Agency Ariel Rios Building, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460	
I.C.21.	f/cc	fibers per cubic centimeter	
I.C.22.	f/cm3	fibers per cubic centimeter	
I.C.23.	f/m3	fibers per cubic meter	
I.C.24.	GAC	General Abatement Contractor	
I.C.25.	G.E.D.	General Equivalency Diploma	
I.C.26.	HEPA	high efficiency particulate air	
I.C.27.	HVAC	heating, ventilation and air conditioning	
I.C.28.	LCF	large contiguous facility [complex]	
I.C.29.	LEA	local education agency	
I.C.30.	LPM	liters per minute	
I.C.31.	MAAL	Maximum Allowable Asbestos Level in air	
I.C.32.	MAP	Model Accreditation Plan (EPA)	
I.C.33.	NAM	negative air machine	
I.C.34.	NBS	National Bureau of Standards	
I.C.35.	NESHAP	National Emissions Standards for Hazardous Air Pollutants (40 C.F.R. Part 61) (EPA), Subparts A (General Provisions), and M (National Emission Standard for Asbestos)	
I.C.36.	NIOSH	National Institute for Occupational Safety and Health Hubert H. Humphrey Bldg., 200 Independence Ave., S W, Room 715H, Washington, DC 20201	
I.C.37.	NIST	National Institute of Standards and Technology, 100 Bureau Drive, Stop 3460, Gaithersburg, MD 20899-3460	
I.C.38.	NVLAP	National Voluntary Laboratory Accreditation Program National Institute of Standards and Technology 100 Bureau Drive, MS 2140 Gaithersburg, Maryland 20899-2140	
I.C.39.	O&M	Operations and Maintenance	
I.C.40.	OSHA	Occupational Safety and Health Administration 200 Constitution Avenue, Washington, D.C. 20210	
I.C.41.	PAT	Proficiency Analytical Testing	
I.C.42.	PCM	Phase Contrast Microscopy	
I.C.43.	PLM	Polarized Light Microscopy	
I.C.44.	PPE	personal protective equipment	
I.C.45.	PSI	pounds per square inch	
I.C.46.	RACM	regulated asbestos-containing material	
I.C.47.	RFCI	Resilient Floor Covering Institute 401 E. Jefferson Street, Suite 102, Rockville, MD. 20850	
I.C.48.	s/mm2	structures per square millimeter	
I.C.49.	SFRD	single-family residential dwelling	
I.C.50.	TEM	Transmission Electron Microscopy	
I.C.51.	TSCA	Toxic Substances Control Act 15 U.S.C. section 2601 et seq. TSCA TITLE II means the 1986 amendments to TSCA found at 15 U.S.C. section 2641 et seq.	
I.C.52.	TSI	thermal system insulation	
I.C.53.	TWA	time weighted average	
I.C.54.	VAT	vinyl asbestos [floor] tile	
I.C.55.	VCT	vinyl composition tile	
All underlined text in this regulation indicates defined terms; clicking on underlined text will take you to its definition in section I.
II.	CERTIFICATION REQUIREMENTS
II.A.	GENERAL REQUIREMENTS
II.A.1.	Persons required to be certified as a General Abatement Contractor, Building Inspector, Management Planner, Project Designer, Abatement Worker, Abatement Supervisor or Air Monitoring Specialist shall obtain the appropriate certification from the Division in accordance with this section II.
II.A.2.	Photo IDs and Certificates
Each individual certified under this regulation must have their state certification photo identification (ID) card or state certificate available at each work site so that Division representatives may check their credentials.
Each individual trained under this regulation must have copies of their training and refresher certificates available at each work site so that Division representatives may check their credentials.
II.A.3.	Non-Public Access Areas
Any person certified under this regulation to work solely on asbestos abatement projects in non-public access areas shall not be required to pay the application fee. Certificates issued under this paragraph are not valid for abatement in areas of public access, and are not transferable.
II.A.4.	Ownership of Training Certificates
Training certificates are considered to be the property of the accredited individual. Training providers must give duplicate original training certificates to the accredited individual upon request. Training providers may charge a reasonable fee for replacement of training certificates.
II.A.5.	Falsification of Training Certificates
Falsification of training certificates or licenses used to obtain state certification is considered to be a violation of these regulations, and shall be sufficient reason for the denial of an application for certification, and may result in disciplinary action being taken against an applicant submitting such falsified training certificates or licenses.
II.A.6.	An individual may hold more than one certification.
II.B.	GENERAL ABATEMENT CONTRACTOR CERTIFICATES
II.B.1.	Certificate Duration
General Abatement Contractor (GAC) certificates are valid for a period of one, two or three years.
II.B.2.	Application Procedures
A person applying for a General Abatement Contractor (GAC) certificate, renewal of existing certification or reinstatement of expired certification shall submit an application on a form specified by the Division and, except as provided in paragraph II.A.3 (Non-Public Access Areas) above, pay the applicable fee as specified in the table below:

Certification	Amount	
	1 year	2 years	3 years	
GAC (initial)	$2,000.00	N/A	N/A	
GAC (renewal)	$1,000.00	$2,000.00	$3,000.00	
Out of State (initial)	$3,000.00	N/A	N/A	
Out of State (renewal)	$2,000.00	$4,000.00	$6,000.00	
II.B.3.	Training Requirements
No training is required for GACs.
II.B.4.	GAC Responsibilities
GACs shall ensure that all Workers and Supervisors are appropriately certified in accordance with this section II (Certification Requirements). The GAC must ensure that it employs at least one Colorado state-certified Supervisor who must be on-site at all times when abatement work is proceeding.
II.C.	WORKER, SUPERVISOR, BUILDING INSPECTOR, MANAGEMENT PLANNER, PROJECT DESIGNER CERTIFICATES
II.C.1.	Certificate Duration
Worker, Supervisor, Building Inspector, Management Planner, and Project Designer certificates will be issued for a period of one, three, or five years and will be valid only while the provisions of sections II.C.3 (Training Requirements), II.C.4 (Examinations) and II.C.5 (Refresher Training Requirements) are met.
II.C.2.	Application Procedures
Anyone applying for a Worker, Supervisor, Building Inspector, Management Planner, or Project Designer certificate, renewal of an existing certificate or reinstatement of an expired certificate shall submit an application on a form specified by the Division and, except as provided in paragraph II.A.3 (Non-Public Access Areas) above, pay the applicable fee as specified in the table below:

Certification	Amount	
	1 year	3 years	5 years	
Worker	$125.00	$375.00	$625.00	
Supervisor	$250.00	$750.00	$1250.00	
Building Inspector	$175.00	$525.00	$875.00	
Management Planner	$175.00	$525.00	$875.00	
Project Designer	$250.00	$750.00	$1250.00	

II.C.3.	Training Requirements
Each individual seeking certification as a Worker, Supervisor, Building Inspector, Management Planner or Project Designer shall complete Division-approved training.
II.C.4.	Examinations
An individual seeking certification, renewal of an existing certificate or reinstatement of an expired certificate in a specific discipline shall pass, on an annual basis, a Division-administered closed book examination for that discipline. Each examination shall cover the topics included in the training course for that discipline. The Division shall determine the testing schedule and procedures.
If an applicant fails to achieve a passing score on a certification exam, he or she may retake the exam after submitting the following items to the Division:
●	a new application including payment of a retesting fee of $125.00; and
●	proof of attendance at a remedial training course, if required by the Division.
II.C.5.	Refresher Training Requirements
II.C.5.a.	Workers, Supervisors, Building Inspectors, Management Planners or Project Designers who are certified according to this regulation must take an annual refresher-training course from a Division-approved training provider. Prior to the commencement of refresher training, the course provider is required to verify the authenticity of the initial training course certificate and all refresher-training certificates. Individuals not in possession of a valid training certificate shall not be given refresher training.
Applicants are ineligible for refresher training if their most recent training certificate has lapsed for a year or longer, in which case the applicant must retake the initial training. During the period in which the individual's training certificate has expired, the state certificate is not valid. State certification becomes valid once the required training has been completed and state certification requirements have been met.
II.C.5.b.	The length of annual refresher courses shall be as follows:

Certification	Length	
Worker	One full day (Eight (8) hours)	
Supervisor	One full day (Eight (8) hours)	
Project Designer	One full day (Eight (8) hours)	
Building Inspector	One half day (Four (4) hours)	
Management Planner	One half day Building Inspector and one half day Management Planner	
II.C.5.c.	All courses, at a minimum, must cover the following topics:
●	Changes in Federal and State laws, regulations and requirements;
●	Developments and/or changes in state-of-the-art procedures;
●	Review of the key aspects of the course; and
●	Pertinent developments in the particular discipline or the industry as a whole.
Testing of applicants to determine knowledge gained in the refresher course may be done at the option of the course provider.
II.C.6.	Combined Certificates
At the request of the applicant, the Division may issue a combined Supervisor/Project Designer or combined Inspector/Management Planner certificate. The applicant shall submit an application on a form specified by the Division and, except as provided in paragraph II.A.3 (Non-Public Access Areas) above, pay the applicable fee as specified in the table below:

Certification	Amount	
	1 year	3 years	5 years	
Supervisor/Project Designer	$275.00	$825.00	$1375.00	
Building Inspector/Management Planner	$275.00	$825.00	$1375.00	

II.D.	AIR MONITORING SPECIALIST CERTIFICATES
Effective March 30, 2004, any Individual who performs a final visual inspection or performs any air monitoring referred to in this regulation must be certified as an Air Monitoring Specialist (AMS).
Until this provision for certification becomes effective, all activities required to be performed by a certified Air Monitoring Specialist as stated in this regulation may only be performed by an individual who qualified as an Air Monitoring Specialist under the previous regulation prior to March 30, 2003.
II.D.1.	Certificate Duration
Air Monitoring Specialist (AMS) certificates will be issued for a period of one, three, or five years and will be valid only while the Training (II.D.3.a.i and II.D.3.b.i) and Examination (II.D.3.a.iv. and II.D.3.b.iv) requirements are met.
II.D.2.	Application Procedures
Anyone applying for an Air Monitoring Specialist certificate, renewal of existing certification or reinstatement of an expired certificate shall submit an application on a form specified by the Division and, except as specified in paragraph II.A.3 (Non-Public Access Areas) above, pay the applicable fee as specified in the table below:

Certification
 	Amount	
	1 year	3 years	5 years	
Air Monitoring Specialist	$250.00	$750.00	$1250.00	
II.D.3.	Initial Certification Requirements
II.D.3.a.	New AMS Applicants
Each Individual seeking certification as an Air Monitoring Specialist shall satisfy the training, experience and education requirements set forth below, unless granted certification based on prior training, experience and education pursuant to section II.D.3.b.:
II.D.3.a.i.	Training
Each individual seeking certification as an Air Monitoring Specialist shall successfully complete a Division-approved Air Monitoring Specialist course. An individual certified by the American Board of Industrial Hygiene as a Certified Industrial Hygienist (CIH) is not required to attend those portions of the Air Monitoring Specialist course that instruct students exclusively on air-monitoring techniques (e.g., pump calibration, cassette placement, cassette handling, etc.).
II.D.3.a.i(A).	All initial courses required under this section II.D.3.a. (New AMS Applicants), shall, at a minimum, cover the following topics:
●	Roles and responsibilities of an AMS
●	Characteristics of asbestos and asbestos-containing materials
●	Federal and state laws, regulations and requirements
●	Understanding building construction and building systems
●	Asbestos abatement contracts, specification and drawings
●	Response Actions and abatement practices
●	Asbestos abatement equipment
●	Personal protective equipment
●	Air monitoring strategies
●	Safety and Health issues other than asbestos-containing material
●	Conducting visual inspections
●	Legal responsibilities and liabilities of an AMS
●	Record keeping and report writing
●	Hands-on activities
The course provider shall test the applicants to determine knowledge gained in the course.
II.D.3.a.ii.	Experience
Each individual seeking certification as an Air Monitoring Specialist shall perform the following on-the-job training activities prior to becoming certified:
II.D.3.a.ii(A).	Under the observation of a certified Air Monitoring Specialist, participate in a minimum of 2 final visual inspections and 2 final air clearances.
II.D.3.a.ii(B).	Under the supervision of a certified Air Monitoring Specialist, successfully perform a minimum of 80 hours of ambient air monitoring.
II.D.3.a.ii(C).	The Air Monitoring Specialist applicant shall provide documentation of this experience on a form specified by the Division. The form shall not be complete until signed by the certified Air Monitoring Specialist(s) who supervised and observed the training. This form shall be submitted to the Division at the time of application for certification.
II.D.3.a.iii.	Education
Anyone seeking certification as an Air Monitoring Specialist shall possess a high school diploma or General Equivalency Diploma (G.E.D.).
II.D.3.a.iv.	Examination
Each individual seeking certification as an Air Monitoring Specialist shall pass, on an annual basis, a Division-administered closed book, written examination. The examination shall cover the topics included in the training course. The Division shall determine the testing schedule and procedures.
If an applicant fails to achieve a passing score on a certification test, he or she may retake the test after submitting the following items to the Division:
1)  a new application including payment of a retesting fee of $125.00; and
2)  proof of attendance at a remedial training course, if required by the Division.
The Air Monitoring Specialist applicant must pass the written examination in order to become certified as an AMS.
II.D.3.a.v.	Permissible Activities for AMS Applicants
Any individual seeking certification as an Air Monitoring Specialist who does not yet meet all the requirements for certification, may perform the following activities prior to becoming certified:
II.D.3.a.v(A).	Air Monitoring
Under the supervision of a certified Air Monitoring Specialist, an individual attempting to obtain the necessary experience to fulfill the Air Monitoring Specialist requirements may collect ambient air monitoring samples on behalf of a certified Air Monitoring Specialist to determine compliance with section III.U.1. (Maximum Allowable Asbestos Level). The certified Air Monitoring Specialist overseeing the sampling is, however, responsible for compliance with section III.U.1. (Maximum Allowable Asbestos Level).
II.3.a.v(B).	Final Visual Inspection and Final Air Clearance
Under the observation of a certified Air Monitoring Specialist, anyone attempting to obtain the necessary experience to fulfill the Air Monitoring Specialist requirements may participate in final visual inspections and Final Clearance Air Monitoring along with the certified Air Monitoring Specialist. The certified Air Monitoring Specialist is still responsible for performing all of the required clearance activities specified in section III.P. (Clearing Abatement Projects).
II.D.3.b.	Existing AMS Applicants
Any individual who was qualified as an Air Monitoring Specialist prior to March 30, 2003 shall be deemed to have met the training, experience and education requirements for an Air Monitoring Specialist and shall be eligible for certification as an Air Monitoring Specialist upon completion of the following procedures. Each individual seeking certification as an Air Monitoring Specialist under this paragraph must complete the following items:
II.D.3.b.i.	Training
The applicant must complete a Division-approved 4-hour Air Monitoring Specialist refresher course.
II.D.3.b.ii.	Experience
No additional experience is required, but the individual must submit an application for certification as provided for in paragraph II.D.2, no later than June 30, 2003.
II.D.3.b.iii.	Education
There are no education requirements for individuals qualified prior to March 30, 2003.
II.D.3.b.iv.	Examination
Each individual seeking certification as an Air Monitoring Specialist shall pass, on an annual basis, a Division-administered closed book, written examination. The examination shall cover the topics included in the training course. The Division shall determine the testing schedule and procedures.
If an applicant fails to achieve a passing score on a certification exam, he or she may retake the exam after submitting the following items to the Division:
1)  a new application including payment of a retesting fee of $25.00; and
2)  proof of attendance at a remedial training course, if required by the Division.
II.D.4.	Recertification Requirements
II.D.4.a.	Air Monitoring Specialists who are certified according to this regulation must take an annual refresher-training course from a Division-approved training provider. Prior to the commencement of refresher training, the course provider is required to verify the authenticity of the initial training course certificate and all refresher-training certificates. Individuals not in possession of a valid training certificate shall not be given refresher training. The length of the Air Monitoring Specialist refresher course shall be one-half day (four (4) hours).
Applicants are ineligible for refresher training if their most recent training certificate has lapsed for a year or longer, in which case the applicant must retake the initial training. During the period in which the individual's training certificate has expired, the state certificate is not valid. State certification becomes valid once the required training has been completed and state certification requirements have been met.
II.D.4.b.	All refresher courses required under this section II.D.4. (Recertification Requirements), at a minimum, must cover the following topics:
●	Changes in Federal and State laws, regulations and requirements;
●	Developments and/or changes in state-of-the-art procedures;
●	Review of the key aspects of the course; and
●	Pertinent developments in the particular discipline or the industry as a whole.
Testing of applicants to determine knowledge gained in the refresher course may be done at the option of the course provider.
II.E.	TRAINING PROVIDER APPLICATION PROCEDURES
II.E.1.	Any person wishing to offer courses in disciplines for which training or certification is required must be registered as an Asbestos Training Provider.  Applicants shall apply to the Division for approval, except for the training referenced in Appendix C. Applicants seeking approval for initial training or refresher training courses shall submit their request to the Division on a form supplied by the Division along with the written course materials and a fee of $250.00 per discipline in which they wish to offer courses.
II.E.1.a.	After the initial course approval, Applicants shall submit their renewal request to the Division on a form supplied by the Division along with a fee of $100.00 per discipline in which they wish to offer courses.
II.E.2.	In order for a course to be approved it must adequately address the topics and format contained in the United States Environmental Protection Agency's Asbestos Model Accreditation Plan (MAP), 40 C.F.R. Part 763 (1994), Subpart E, Appendix C. The Commission recommends the use of audiovisual materials to complement lectures in these courses, where appropriate.
II.E.3.	After reviewing the application for course approval, the Division shall inform the applicant in writing whether the course is approved for use in Colorado or if changes must be made in the application before approval may be granted.
II.E.4.	Once the applicant has been informed that the course is approved, the course is considered to have contingent approval, and the applicant may begin offering courses in the State. Final approval of the course will not be granted until the Division has audited the course and determined that the course meets the requirements of this regulation.
II.E.5.	After contingent approval has been granted by the Division, the applicant must make application, if necessary, with the Department of Higher Education, Division of Private Occupation Schools (DHE/DPOS), for approval as an occupational education course. Failure to follow the DHE/DPOS regulations or failure to obtain or retain DHE/DPOS approval may result in the de-certification of the course by the Air Pollution Control Division (APCD).
II.E.6.	Applicants who wish to offer courses already approved by the Environmental Protection Agency or by a state whose training requirements are at least as stringent as the Commission's and whose asbestos certification program has been approved by EPA shall be granted reciprocity to teach classes in Colorado. The approval granted to such course provider shall be at the same level as that already approved by EPA or another state. The applicant shall be subject to all requirements outlined in this regulation.
II.E.7.	In the curriculum and course agenda, the applicant must show what portions of the course will be taught by each instructor.
II.F.	INSTRUCTOR QUALIFICATIONS
Qualified instructors must teach all courses. The minimum qualifications for instructors shall be:
II.F.1.	A high school diploma or GED;
II.F.2.	Current AHERA training credentials and current Colorado certification for the discipline being taught by the instructor (variances for out-of-state instructors will be considered on a case-by-case basis);
II.F.3.	Three (3) years of field experience in the discipline being taught. This may be obtained by a combination of any of the following items:
II.F.3.a.	Actual field experience in the field being taught, such as; performing abatement activities as a Worker or Supervisor; or performing inspection and/or management planning activities; or performing project design activities; or performing Air Monitoring Specialist activities.
II.F.3.b.	Teaching in the discipline, under the supervision of a qualified instructor, with one (1) month of teaching equal to one (1) month of experience.
II.F.3.c.	Collegiate or seminar-type classes (e.g., NIOSH 582,7400 courses, etc.) with one (1) week of training equal to one (1) month of experience.
II.F.4.	Documentation of experience claimed or instruction received must be provided by the applicant. This must include submission of a resume with telephone numbers, and references, that are provided to allow for verification by the Division.
II.F.5.	All instructors must meet the above requirements both at the time of course submission for approval and at the time the course is being taught. The Division may grant assistant instructor status to those individuals who do not currently meet all requirements at the time of the course submittal. The individuals may re-apply for approval as full instructors once they have met the requirements.
II.G.	TRAINING COURSE NOTIFICATIONS
II.G.1.	Training course providers must notify the Division in writing of scheduled courses at least two weeks (10 working days) prior to the offering of the course. Notification of course cancellations must be provided to the Division by 5:00 p.m. the day prior to the course offering.
II.G.2.	For any course in which trainging or certification is required, the Training Provider must submit a list of students who took the course and a fee of $10.00 per student to the Division no later than 30 calendar days after the conclusion of the course.
II.H.	TRAINING COURSE AUDITS
The Division may audit any training course given for the purpose of preparing individuals for State certification. Any significant omissions or deficiencies may result in de-certification of the course. There will be no charge to the Division for auditing a training course.
II.I.	RECIPROCITY
II.I.1.	An individual who has a valid certificate, license or other registration from another state, District of Columbia or other territory of the United States, or other Division-approved national entity (specifically, the National Asbestos Examinations and Registration System) which has a certification and testing program that has been approved by the EPA and which is at least as stringent as the Commission's, may apply for certification by submitting an application on the form specified by the Division, along with the applicable fee.
II.I.2.	Those individuals applying under this subsection II.I. (Reciprocity) for Colorado certification as a Supervisor or project designer must also successfully complete a Division-administered examination on state laws and regulations related to asbestos abatement before Colorado certification will be issued.
II.I.3.	Those individuals applying under this subsection II.I.. (Reciprocity) for Colorado certification as an Air Monitoring Specialist must also:
II.I.3.a.	provide documentation to the Division showing that they have been certified to conduct Air Monitoring Specialist activities for at least 1 year; and
II.I.3.b.	pass the written examination as described in subparagraph II.D.3.a.iv. (examinations).
II.I.4.	After receiving Colorado certification, the applicant shall be subject to all requirements outlined in this regulation regarding training and application for renewal of Colorado certification, including testing requirements.
II.I.5.	The applicant shall provide documentation to the Division as may be necessary to allow the Division to determine if a reciprocal certificate should be issued.
II.J.	PROJECT MANAGER QUALIFICATIONS
II.J.1.	There is no Project Manager certification requirement. Where a Project Manager is required pursuant to the Regulation No. 8, Part B, the Project Manager shall satisfy the certification, academic training, experience, and educational requirements as set forth below:
II.J.1.a.	Certification as a Project Designer in accordance with this section II. Project Managers must have proof of this certification with them on the project site.
II.J.1.b.	Successful completion of a Division-approved Air Monitoring Specialist course. A 4-year college degree in industrial hygiene, a degree in environmental health with a major concentration in industrial hygiene, or the possession of a certified industrial hygienist (CIH) certificate given by the American Board of Industrial Hygiene (ABIH), may be substituted for the above Air Monitoring Specialist course. Project Managers must have proof of the required training with them on the project site.
II.J.1.c.	A minimum of one (1) year of experience supervising, overseeing or monitoring asbestos abatement projects.
II.J.1.d.	Possession of a high school diploma or G.E.D.
II.K.	DENIAL, SUSPENSION, REVOCATION, OR REFUSAL TO RENEW CERTIFICATION
The Division may deny, suspend, revoke, or refuse to renew certifications in accordance with the provisions of § 25-7-508, C.R.S.
II.L.	Any person performing asbestos consulting firm activities as defined in this regulation must be registered as an Asbestos Consulting Firm.  Applicants seeking to be registered shall submit their request to the Division on a form supplied by the Division along with an annual fee of $500.00.
II.M.	Any person performing asbestos Laboratory activities as defined in this regulation must be registered as an Asbestos Laboratory.  Applicants seeking to be registered shall submit their request to the Division on a form supplied by the Division along with an annual fee of $250.00.
II.N.	EXEMPTIONS
The following sections of the regulation contain exemptions from certain requirements. Please refer to the indicated section for the specific details of the exemption.
●	Anyone working in Non-Public Access Areas is exempted from certain requirements. See paragraph II.A.3.
●	Certified Industrial Hygienists are exempted from certain training requirements. See subparagraphs II.D.3.a., II.D.3.b., and subsection II.J.
All underlined text in this regulation indicates defined terms; clicking on underlined text will take you to its definition in section I.
III.	ABATEMENT, RENOVATION AND DEMOLITION PROJECTS
III.A.	INSPECTION
III.A.1.	Prior to any renovation or demolition which may disturb greater than the trigger levels of material identified as a suspect asbestos-containing material pursuant to the EPA “Green Book”, Managing Asbestos in Place, Appendix G (1990), the facility component(s) to be affected by the renovation or demolition shall be inspected to determine if abatement is required.
III.A.1.a.	Individuals performing these inspections shall be Building Inspectors certified in accordance with this regulation.
III.A.1.b.	The inspection, sampling and assessments of the suspect materials must be performed as required in paragraph IV.C.1. (Inspection), subsections IV.D. (Sampling) and IV.F. (Assessment) of this regulation.
III.A.1.c.	The analysis of samples collected during these inspections must be performed as required in subsection IV.E. (Analysis) of this regulation with one exception: if the asbestos content of a sample of friable asbestos is estimated to be 1% asbestos or less, but greater than 0%, by a method other than point counting (such as visual estimation), the determination shall be repeated using the point counting technique with polarized light microscopy. If a result obtained by point count is different from a result obtained by visual estimation, the point count result must be used. Tar impregnated samples do not have to be point counted.
III.A.1.d.	Buildings, or those portions thereof, that were constructed after October 12, 1988 shall be exempt from this inspection requirement if an architect or project engineer responsible for the construction of the building, or a state certified Inspector, signs a statement that no ACM was specified as a building material in any construction document for the building or no ACM was used as a building material in the building. NOTE: The Division recommends that all buildings be inspected prior to any renovation or demolition activities, regardless of the date of construction.
III.A.1.e.	To prevent any real or potential conflicts of interest, Building Inspectors identifying ACM must be independent of the GAC that will subsequently abate the ACM identified. Inspectors need not be independent of the GAC if both the Inspector and the licensed GAC are employees of the building owner.
III.A.2.	Abatement, in accordance with Regulation No. 8, is required if the amount of ACM that will be disturbed in connection with the renovation exceeds the trigger levels.
III.A.3.	Any asbestos-containing material that is friable or will be made friable during demolition activities in any area of public access or non-public access area must be removed prior to demolition. Removal, in accordance with Regulation No. 8, is required if the amount of asbestos-containing material that is friable or will become friable during demolition exceeds the trigger levels.
III.B.	USE OF CERTIFIED AND REQUIRED PERSONNEL
III.B.1.	Any person who conducts asbestos abatement other than abatement performed in a school building shall obtain a GAC if the amount of asbestos to be abated exceeds the trigger levels on any occasion.
III.B.1.a.	A person required to be certified in accordance with paragraph III.B.1 above, shall employ at least one state-certified Supervisor who shall be on-site at all times when asbestos abatement work is proceeding. Asbestos Workers must have access to a certified Supervisor throughout the duration of the abatement project.
III.B.1.b.	For abatement projects where a GAC is required, all abatement Workers and Supervisors shall be certified in accordance with the provisions of Section II (Certification Requirements). GACs shall ensure that all asbestos abatement Workers and Supervisors are properly certified.
III.B.1.c.	The requirements of this Paragraph III.B.1 shall not apply to any individual who performs asbestos abatement on a single-family residential dwelling that is the individual's primary residence.
III.B.2.	With respect to school buildings, public or commercial buildings and single-family residential dwellings, any individual who inspects any building for the presence of asbestos shall be certified as a Building Inspector in accordance with this regulation.
III.B.3.	With respect to school buildings, any individual who develops an asbestos management plan, supervises asbestos abatement activities, performs asbestos abatement, or designs asbestos abatement projects shall be certified for the specific activity he is engaged in if the amount of asbestos-containing material exceeds, on any occasion, 3 linear feet on pipes, or 3 square feet on other surfaces.
III.B.3.a.	The LEA or its contractor shall ensure that at least one state-certified Supervisor is on-site at all times when asbestos abatement work is proceeding. Asbestos Workers must have access to certified Supervisors throughout the duration of the abatement project.
III.B.4.	With respect to public and commercial buildings and single-family residential dwellings, any individual who develops an asbestos management plan, supervises asbestos abatement activities, performs asbestos abatement, or designs asbestos abatement projects shall be certified for the specific activity in which he is engaged if the amount of asbestos-containing material exceeds, on any occasion, the trigger levels.
III.B.5.	Effective March 30, 2004, any individual who performs a final visual inspection or performs any air monitoring referred to in this regulation must be certified as an Air Monitoring Specialist.
III.B.6.Project Manager
A project manager shall be used on all asbestos abatement projects in which the amount of friable asbestos-containing material to be abated exceeds 1,000 linear feet on pipes, or 3,000 square feet on other surfaces.
III.B.6.a.	Waiver of the Project Management Requirements
Building owners who seek to have the project manager requirement waived must submit the request, on a form supplied by the Division as part of the notification required in III.E.1 (Notices).
III.B.6.a.(i).	Waiver requests shall be approved by the Division if the project is performed by a GAC with a non-compliance history of fewer than two (2) Division-issued compliance determinations with a finding of guilty during the past two (2) years prior to the start of the project.
III.B.6.a.(ii).	If the project is conducted by a GAC with a non-compliance history of two (2) or more Division-issued compliance determinations with a finding of guilty during the past two (2) years, the building owner must, on a form supplied by the Division, demonstrate to the satisfaction of the Division that compliance with the project manager requirements is overly burdensome or not feasible.
III.B.6.b.	The GAC shall notify the building owner during bid proposals as to whether or not a project manager would be required.
III.C.	PROJECT DESIGN
III.C.1.	Prior to the start of any asbestos abatement in an area of public access of a non-school building, in which the amount of asbestos-containing material to be abated exceeds 1,000 linear feet on pipes, or 3,000 square feet on other surfaces, a written project design shall be developed by a Project Designer certified under these regulations.
III.C.2.	Prior to the start of any asbestos abatement in a school building in which the amount of friable asbestos-containing material to be abated exceeds 3 linear feet on pipes, or 3 square feet on other surfaces, a written project design shall be developed by a Project Designer certified under these regulations, in accordance with paragraph IV.G.7 of this regulation.
III.C.3.	A project design shall include:
●	an accurate and detailed scope of work
●	quantities of material to be removed
●	a discussion, of the removal methods
●	air exchange calculations
●	signature of the project designer
●	project design completion date and dates of any amendments
●	drawings that include:
●	locations of ACM to be abated
●	the decontamination unit
●	the waste load-out
●	negative air machines
●	air intake and exhaust
●	emergency exits, when applicable
III.C.4.	A signed copy of the project design shall be available on-site at all times during the abatement activities for review by. Inspectors, the Project Manager and the certified Air Monitoring Specialist.
III.D.	PROJECT MANAGEMENT
III.D.1.	The project manager shall be responsible for:
●	assessing that the project is conducted in accordance with this regulation.
●	assessing that the project design is followed.
●	assessing that the abatement project is cleared in accordance with this regulation.
●	assessing that the asbestos waste generated by the project is properly manifested and disposed of in accordance with this regulation.
●	communicating these assessments to the building owner or GAC.
III.D.2.	Project managers shall be independent of the asbestos abatement contractor and work strictly on behalf of the building owner to the extent feasible, unless the abatement is being performed in-house.
III.D.3.	Project managers must sign the original copy of the permit for the permit to be valid.
III.E.	NOTIFICATIONS
III.E.1.	Notices
Any person intending to either abate asbestos-containing materials in any amount greater than the trigger levels, or demolish a facility shall, on a form supplied by the Division, provide a written notice of the intent to conduct asbestos abatement or demolition. When a permit is required under paragraph III.G.1 (Permits), this notice shall serve as the permit application referred to in paragraph III.G.1 False, inaccurate or misleading information contained in the notice is cause for the Division to revoke a permit issued pursuant to paragraph III.G.1 (Permits) and/or to initiate an enforcement action pursuant to §25-7-508, C.R.S. Any modification of information contained in the notification must be made in writing to the Division on the first regular business day preceding the change. Notices required under this paragraph are subject to the following conditions:
III.E.1.a.	The notice shall be postmarked or delivered to the Division at least 10 working days before commencing an abatement project or demolition project, except as provided in subparagraphs b., c., and d. of this section. Any fees required under this paragraph III.E.1 (Notices) or III.G.1 (Permits) must accompany the notice for the notice to be accepted by the Division.
III.E.1.b.	If the project is not one for which a permit is required pursuant to paragraph III.G.1. (Permits), a processing fee of $80.00 shall be submitted to the Division for each notice. For abatement projects that occur in non-public access areas, the Division may charge the person submitting this notice a fee for site inspections and any necessary monitoring for compliance with applicable sections of this regulation. The fee shall be assessed at a rate of $80.00 per hour.
III.E.1.c.	For large contiguous facility complexes, if the project is not one for which a permit is required pursuant to III.G.1. (Permits), an annual fee in the amount of $80.00 per abatement project that will be undertaken that year shall be submitted to the Division. If over the course of the year should more than the anticipated number of projects occur, an additional $80.00 per notice shall be submitted to the Division. At the end of one year the Division will refund fees for projects that have not been performed, less a $80.00 processing fee.
III.E.1.d.	For demolition projects, a base fee of $50.00 is required plus an additional $5.00 per one thousand square feet, or any portion thereof, of structure footprint.
III.E.1.e.	Waiver of the 10-Working Day Notification Period.
There are two situations where the Division will consider a waiver of the 10-working day notifications. They are:
III.E.1.e.(i).	Emergencies
In the event of an emergency in which asbestos abatement work must commence at once, the Division and the appropriate county health department shall be notified immediately by fax or telephone. The GAC or building owner must submit a written notification on a form supplied by the Division at the start of the next regular State business day after commencing the emergency abatement. The application shall be accompanied by a written explanation of the events surrounding the emergency and signed by both the building owner and the GAC. If the emergency occurs during non-business hours, the Division and the appropriate county health department shall be notified by telephone on the morning of the next regular State business day.
III.E.1.e.(ii).	Unexpected Discovery
In the event of an unexpected discovery of asbestos-containing materials behind a wall, above a ceiling, beneath a floor or otherwise hidden in such a way as to preclude access to it without damaging part of the structure, should the building owner wish to seek a waiver of the normal 10-working day notification, the GAC or building owner shall notify the Division by the end of the next regular State business day following the unexpected discovery.
III.E.1.f.	For structures that are declared structurally unsound and in danger of imminent collapse by an authorized State or local governmental representative, as described in paragraph III.W. (Structurally Unsound Buildings), the GAC, demolition contractor, or building owner shall notify the Division as early as possible before demolition begins if the operation is as described in subsection III.W. (Structurally Unsound Buildings). The notification shall contain the name, title, and authority of the State or local governmental representative who has ordered the demolition.
III.E.2.	Single-Family Residential Dwelling Opt-Out Notice
An owner of a single-family residential dwelling may opt-out of the area of public access requirements of this regulation for the abatement of asbestos-containing material in excess of the trigger levels in that owner's primary residence by completing the opt-out form. If the homeowner chooses to opt-out, the GAC contracting with the homeowner shall provide the completed, signed “Single-Family Residential Dwelling Area of Public Access Opt-Out Form” to the Division. For a project in which the homeowner has chosen to opt-out, then the single-family residential dwelling will revert to being subject to the area of public access requirements: 1) at the end of the project; 2) when the homeowner no longer owns the single-family residential dwelling; or, 3) if the dwelling ceases being the homeowner's primary residence, whichever is first.
III.F.	ALTERNATIVE PROCEDURES AND VARIANCES
The Division may, at its discretion, grant a variance from this Regulation allowing use of an alternative procedure for the clearance of abatement projects or the control of emissions from an asbestos abatement project provided that the person conducting the asbestos abatement submits the alternative procedure in writing to the Division along with a $50.00 review fee, and demonstrates to the satisfaction of the Division that compliance with the regulation is neither practical nor feasible, or that the proposed alternative procedures provide equivalent control of asbestos.
Within sixty (60) days of the receipt of the request the Division shall notify the applicant in writing of its decision to either grant or deny the variance, except that if the request is to utilize an alternative procedure previously evaluated by the Division the variance shall be granted or denied within (10) ten days. No person shall begin abatement using such a procedure until a variance has been requested, and approved in writing. Any violation of the conditions of the variance will be considered a violation of this Regulation.
III.G.	PERMITS
III.G.1.	Permit Applications
III.G.1.a.	No person shall commence an abatement project in which the amount of friable asbestos-containing material exceeds the trigger levels in an area of public access without first obtaining a permit from the Division. Only the GAC in whose name the permit is issued may conduct the abatement project.
III.G.1.b.	Permit fees for large contiguous facility complexes shall be paid annually to the Division in the amount of $1,200.00 plus $80.00 for each anticipated project. This fee must accompany the permit application for the application to be accepted. At the end of the permit year, the Division will refund fees for projects that have not been conducted, less a $80.00 processing fee.
III.G.1.c.	For any project other than those on large contiguous facility complexes, the permittee shall be assessed a fee for the permit. The fee must accompany each permit application. The fee schedule is as follows:

Project Length	Permit Fee for Projects	
	Applies to ALL facilities including single-family residential dwellings	Applies ONLY to single-family residential dwellings	
	Greater than 260 linear feet/160 square feet/55 gallon drum	Greater than 50 linear feet/32 square feet/55 gallon drum but less than or equal to 260 linear feet/160 square feet/55 gallon drum	
1-30 days	$400.00	$180.00	
31-90 days	$800.00	$300.00	
91-365 days	$1,200.00	$420.00	
Any inspections in excess of one for a 30-day permit, two for a 90-day permit, or three for a one-year permit will be assessed at a rate of $80.00 per hour.
Permits are valid for a maximum of one year. A new permit must be obtained for projects lasting longer than one year.
III.G.2.	Permit/Project Modification
Whenever there is a modification in the project, the permittee must notify the Division and the local county health department (as designated by the Division) in writing. A project modification occurs when there is a change in the scope of work, the scheduled work dates or times, or the project manager. The permitee shall notify the Division by the end of the next regular State business day following the modification.
III.G.3.	Multiple-Phase Projects
Buildings owned by the same person, which are at different locations, must be permitted separately. Buildings owned by the same person, which are at the same location, can be covered by one multiple-phase permit. When applying for a permit for abatement to be performed in more than one building or in more than one area within a single building, the applicant shall provide, on a form supplied by the Division, additional information regarding the multiple-phase project. Whenever there is a change in any of the information provided on the form, a new form shall be submitted to the Division that:
III.G.3.a.	Indicates clearly which phases of the project have changed,;
III.G.3.b.	Is postmarked or delivered to the Division at least 10 working days before the start of any phase having a change in its starting date;
III.G.3.c.	Indicates additional phases that are to be added after the start of a multi-phase project by the submission of a new application covering the additional phase or phases 10 working days prior to the start of the first additional phase. There is a $80.00 fee for each additional phase after the initial permit approval.
III.G.4.	The original of the Division-issued permit shall be posted in a visible location at the work site at all times.
III.G.5.	Asbestos abatement permits are required for asbestos abatement projects in single- family residential dwellings for which the amount of asbestos-containing materials to be abated exceeds the trigger levels, unless either of the following conditions applies:
III.G.5.a.	The homeowner has requested that the single-family residential dwelling not be considered an area of public access pursuant to section III.E.2; or
III.G.5.b.	The individual is performing the abatement project himself/herself in a single- family residential dwelling that is the individual's primary residence.
III.G.6.	Transferring a Permit
Should a GAC wish to transfer a permit to another GAC, the GAC who will perform the abatement project must submit a new permit application and pay the Division a $55.00 processing fee.
III.G.7.	No permit to conduct asbestos abatement shall be issued to a person who has failed to pay a Division-assessed penalty for violating any provision of this Regulation No. 8 or to any person who has otherwise failed to comply with any order of the Division, unless the penalty or order is under appeal before the Air Quality Control Commission.
III.G.8.	Permits issued on projects requiring project managers shall not be valid until the project manager signs the original copy of the permit.
III.H.	ABATEMENT SEQUENCE
This subsection III.H. applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
III.H.1.	Pre-Abatement
Pre-abatement is the time period covering the commencement of construction of the containment and all other preparations (including any necessary pre-cleaning) taking place prior to the actual abatement of ACM. This abatement phase does not include the transport of materials and equipment to the job site. The transport of materials and equipment to the job site is the only activity that is allowed prior to the permit start date.
Below are the steps for the pre-abatement phase of the project. Please note that steps 1 though 6, where applicable, are mandatory, and the exact sequence shown below is mandatory.
1)  Install critical barriers(pursuant to subsection III.I, Critical Barrier Installation)
2)  Establish negative pressure(pursuant to subsection III.J, Air Cleaning and Negative Pressure Requirements)
3)  Construct the decontamination area(pursuant to subsection III.K, Decontamination Area)
4)  Pre-clean surfaces(pursuant to subsection III.L, Pre-cleaning of Surfaces)
5)  Cover fixed objects(pursuant to subsection III.M, Covering Fixed Objects)
6)  Construct the containment(pursuant to subsection III.N, Containment Components)
III.H.2.	Active Abatement
Active abatement means the time period beginning with the completion of the pre- abatement phase and ending when the area has passed final clearance air monitoring and the critical barriers have been completely removed.
The active abatement phase includes the actual “gross” removal of ACM and all aspects of “final cleaning” that are conducted prior to the areas being pronounced ready for a final visual inspection: The final visual inspection, final clearance air monitoring, and the removal of critical barriers are the last activities included in the active abatement phase.
Below are the steps for the active abatement phase of the project. Please note that steps 7, 8, 9, and 10, are mandatory, and the exact sequence shown below is mandatory.
7)  Conduct abatement (pursuant to subsection III.O, Abatement Methods)
8)  Conduct final visual inspection (pursuant to paragraph III.P.1., Final Visual Inspection)
9)  Conduct final clearance air monitoring (pursuant to paragraph III.P.3., Final Clearance Air Monitoring)
10) Conduct the tear-down (pursuant to subsection III.Q, Tear-down)
III.H.3.	Post-Abatement
Post abatement means any point in time following the termination of the active abatement phase. Below is the step for the post-abatement phase of the project. Please note that step 11 is mandatory.
11) Handle waste. Handling of waste is permissible during the active abatement phase.(pursuant to subsection III.R, Waste Handling).
III.I.	CRITICAL BARRIER INSTALLATION
This subsection III.I applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
All openings between the work area and clean areas including, but not limited to, windows, doorways, elevator openings, corridor entrances, drains, ducts, grills, grates, diffusers and skylights shall be sealed with a minimum of one layer of 6-mil polyethylene sheeting.
III.J.	AIR CLEANING AND NEGATIVE PRESSURE REQUIREMENTS
This subsection III.J applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
III.J.1.	Negative Air Machines and HEP A Filters
III.J.1.a.	Negative pressure air filtration units shall be operated continuously from the time of barrier construction through the time that acceptable final clearance air monitoring results are obtained in accordance with subsection III.P (Clearing Abatement Projects).
III.J.1.b.	The GAC who is required to use air cleaning shall properly install, use, operate, and maintain all air-cleaning equipment authorized by this subparagraph III.J (Air Cleaning and Negative Pressure Requirements).
III.J.1.c.	The GAC who is required to use air cleaning shall use a HEPA filter to clean the air, except as noted below:
III.J.1.c.(i).	Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material.
III.J.1.c.(ii).	If the use of a filter creates a fire or explosion hazard, the Division may authorize as a substitute the use of wet collectors designed to operate with a unit contacting energy of at least 9.95 kilopascals (40 inches of water gauge pressure).
III.J.1.c.(iii).	The Division may authorize the use of filtering equipment other than HEPA filters if EPA has previously approved it and if it can be demonstrated to the Division's satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material.
III.J.1.d.	These units shall exhaust filtered air to the outside of the building when the length of exhaust duct required to do so does not overburden the negative air units. If air must be exhausted to the interior of the building, it must be done in accordance with subparagraph III.U.1.b. (During Abatement).
III.J.2.	Air Exchange Rates
The GAC who is required to use air cleaning shall maintain sufficient air cleaning equipment in operation at all times to ensure that the air within the work area is exchanged a minimum of four (4) times per hour.
III.J.3.	Pressure Differential
At all times the differential of the work area to the clean area shall be, at a minimum, -0.02 inches of water. A manometer or pressure gauge shall be set up on the outside of the containment area so that the pressure differential between the work area and the clean area may be determined. At all times the differential of the work area to the clean area shall be recorded using a strip chart recorder or its equivalent.
III.J.4.	Air Flow Direction
At all times airflow direction shall be from the exterior of the containment barriers into the interior of the containment barriers. In addition, smoke tubes shall be readily available on the outside of the containment barriers at all times so that airflow direction may be determined.
III.K.	DECONTAMINATION UNIT
This subsection III.K applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
III.K.1.	Construction
A decontamination unit shall be constructed to provide employees with a facility to be used to decontaminate asbestos-exposed Workers and equipment before such Workers and equipment leave the work area. The decontamination unit shall consist of the following three stages, which shall be separated by staggered flaps or an equivalent system of barriers that will self-close should negative air pressure fail:
III.K.1.a.	Clean Room
The clean room shall be sized to accommodate the clothes and equipment of the work crew. Clean work clothes, clean disposable clothing, replacement filters for respirators, towels and other necessary items shall be provided in the clean room. No asbestos-contaminated items may enter this room. Workers shall use this area to suit up, store street clothes, and don respiratory protection on their way to the work area, and to dress in clean clothes after showering.
III.K.1.b.	Shower
Except for small-scale abatement projects where glovebag methods or mini- enclosure methods are used, a portable shower shall be used to permit the employees to clean themselves after exposure to asbestos. Each showerhead shall be supplied with hot and cold water adjustable at the tap, and a drain equipped with a filtration system to filter asbestos from the shower wastewater to a fiber size of five (5) microns prior to discharging the wastewater into a sanitary sewer. The shower room shall contain one or more showers to accommodate Workers. The shower enclosure shall be constructed to ensure against leakage of any kind and shall be kept clean of all debris and ACWM at all times.
III.K.1.c.	Equipment (Dirty) Room
The equipment room shall be used for storage of equipment and tools at the end of a shift after decontamination using a HEPA filtered vacuum or wet cleaning techniques. A labeled six-(6) mil polyethylene bag for collection of disposable clothing shall be located in this room. Contaminated footwear shall be stored in this area for reuse.
III.K.2.	Entry and Exit
The following procedures shall be used for work area entry and exit unless there is an emergency situation immediately dangerous to life or health:
III.K.2.a.	All personnel and authorized visitors shall enter and exit the work area through the Worker decontamination unit and not the waste load-out.
III.K.2.b.	All personnel shall don disposable coveralls, head covering and foot covering prior to entering the work area. To prevent contamination from leaving the work area, all personnel entering the work area shall wear disposable coveralls in sizes adequate to accommodate movement without tearing. The coveralls (Tyvek® or other material equally effective in preventing gross ACM from contacting the individual's body) shall include head and foot covers (unless head and foot covers are provided separately).
III.K.2.C.	Before leaving the work area, all personnel shall remove gross contamination from the outside of respirators and dispose of protective clothing in containers labeled for disposal in accordance with subparagraph III.R.2.b. (Labeling). Personnel shall proceed to the shower area and then shower and shampoo to remove residual asbestos contamination. After showering, personnel shall proceed to the clean room.
III.L.	PRE-CLEANING OF SURFACES
This subsection III.L applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
Pre-cleaning of surfaces contaminated with visible dust or debris shall be conducted prior to the commencement of any abatement project. The following procedures shall be conducted in the order in which they appear:
III.L.1.	HEPA vacuum or wet wipe all surfaces contaminated with visible dust or debris. All movable objects shall be cleaned of dust and debris by HEPA vacuum or wet wiped before removal from the work area;
III.L.2.	Dispose of all dust and debris, filters, mop heads and other contaminated waste as ACWM pursuant to subsection III.R (Waste Handling);
III.L.3.	Pre-cleaning of dirt floors shall be conducted in accordance with paragraph III.S.5 (Asbestos-Contaminated Soil).
III.M.	COVERING FIXED OBJECTS
This subsection III.M applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
At a minimum, all fixed objects in the work area shall be covered with one (1) layer of six-(6) mil polyethylene sheeting, secured in place.
III.N.	CONTAINMENT COMPONENTS
This subsection III.N applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
Construction of the containment components may commence only after adequate negative pressure is established.
Polyethylene sheeting shall be used in the construction of containment barriers in order to isolate the work area during abatement projects. Spray poly may be substituted for polyethylene sheeting.
III.N.1.	Wall, Floor and Ceiling Polyethylene
Polyethylene sheeting shall be used in thicknesses and number of layers as specified in subparagraphs III.N.1.a., b., c., and d. below, and shall be used to seal all windows, doors, ventilation systems, and wall penetrations, and to cover ceilings, walls, and floors in the work area. Duct tape or spray adhesive shall be used to seal the edges of the plastic and to seal any holes in the containment. Polyethylene sheeting shall be attached using any combination of duct tape or other waterproof tape, furring strips, spray glue, staples, nails, screws or other effective materials capable of sealing adjacent sheets of polyethylene and capable of sealing polyethylene to dissimilar finished or unfinished surfaces under both wet and dry conditions.
III.N.1.a.	Laying Polyethylene on Floors
At a minimum, floors shall be covered with sheeting consisting of two (2) layers of six-(6) mil polyethylene sheeting, unless spray poly is used. Floor sheeting shall extend up sidewalls at least twelve (12) inches and be sized to minimize seams. No seams shall be located along wall/floor joints.
III.N.1.b.	Hanging Polyethylene on Walls
At a minimum, walls shall be covered with sheeting that shall consist of two (2) layers of four (4) mil or thicker polyethylene, unless spray poly is used. It shall be installed to minimize seams and shall extend beyond wall/floor joints at least twelve (12) inches. No seams shall be located along wall/wall joints.
III.N.1.c.	Hanging Polyethylene Sheeting on Ceilings
If a work area has a ceiling that will not be abated as part of the abatement work, at a minimum, the ceiling shall be covered with sheeting that shall consist of one (1) layer of four (4) mil or thicker polyethylene, unless spray poly is used. It shall be installed to minimize seams and shall extend beyond wall/ceiling joints at least twelve (12) inches. No seams shall be located along wall/ceiling joints.
III.N.2.	View Port
A clear view port with a minimum size of 12” × 12” shall be installed to allow a view of the interior of the work area. If a view port cannot be installed, an explanation shall be made on the notification form stating that it will not be installed and the reason why.
III.N.3.	Waste Load-out Area
All containments shall be constructed to include a waste load-out area. This area shall be separate from the decontamination unit and shall be used as a temporary storage area for bagged waste and as a port for transferring waste to the transport vehicle. All waste load-out areas must have a minimum of two separate chambers separated by air locks.
III.N.4.	Secondary Containment
III.N.4.a.	For glovebag removals (see III.V.1) the GAC in lieu of full containment shall erect secondary containment barriers where the amount of ACM to be removed in a functional space exceeds three (3) linear or three (3) square feet.
III.N.4.b.	For facility component removals (see III.V.2) in lieu of full containment the use of a secondary containment to facilitate the required air clearance monitoring is recommended, but not required.
III.O.	ABATEMENT METHODS
This subsection III.O applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
The three methods of asbestos abatement are listed below. Any additional requirements using these methods, other than those already specified in this regulation, are detailed in paragraphs II.O.1., 2., and 3., below.
III.O.1.	Removal
III.O.1.a.	Controlling Airborne Fiber Release/Emissions
III.O.l.a.(i).	Wetting
III.O.1.a.(i)(A).	Amended Water
Amended water shall be used to adequately wet asbestos-containing materials before removal is attempted. All waste shall be kept adequately wet with amended water until bagged for disposal. Surfactants must be a commercially available product specifically designed to be mixed with water for use in wetting of asbestos-containing materials.
III.O.1.a.(i)(B).	Airless Sprayers
Airless sprayers shall be used when applying amended water or encapsulant to asbestos-containing materials.
III.O.1.a.(i)(C).	Cold Temperature Wetting
When the temperature at the point of wetting is below freezing (0°C/32°F):
III.O.1.a.i(C)(1)  The GAC shall apply for a variance from the Division in accordance with the requirements of subsection III.F. (Alternative Procedures and Variances); or
III.O.1.a.i(C)(2)  Remove facility components coated or covered with friable asbestos-containing materials as units or in sections in accordance with subparagraph III.V.2. (Removing of Facility Components).
III.O.1.a.i(C)(3)  Comply with the requirements of section III (Abatement, Renovation and Demolition Projects).
III.O.1.a.(ii).	HEPA Vacuuming
All vacuuming of contaminated surfaces shall be done with a HEPA filter-equipped vacuum.
III.O.1.a.(iii).	Wet Wiping
Wet wiping of contaminated surfaces prior to disassembly of containment barriers shall be done using rags and a bucket of clean or amended water.
III.O.1.b.	Removal of Asbestos from Elevated Heights
For friable asbestos-containing materials that will be removed or stripped:
III.O.1.b.(i).	Adequately wet the materials to ensure that they remain wet until they are collected for disposal in accordance with subsection III.R. (Waste Handling);
III.O.1.b.(ii).	Carefully lower the packaged ACM to the ground or a lower floor, not dropping, throwing, sliding, or otherwise damaging or disturbing the ACM;
III.O.1.b.(iii).	Transport the materials to the ground via dust-tight chutes or containers if they have been removed or stripped more than 50 feet above ground level and were not removed as units or in sections; and
III.O.1.b.(iv).	Comply with the requirements of section III. (Abatement, Renovation and Demolition Projects).
III.O.2.	Encapsulation
III.O.2.a.	When spray-applying encapsulants they shall be applied using only airless spray equipment with nozzle pressure adjustable between four hundred (400) and fifteen hundred (1500) PSI and in accordance with the manufacturer's recommendations for the particular encapsulant.
III.O.3.	Enclosure
III.O.3.a.	If enclosure is chosen as the abatement technique, a solid structure (airtight walls and ceilings) shall be built around the facility component to prevent the release of ACM into the area beyond the enclosure and to prevent disturbance of ACM by casual contact during future maintenance operations. A containment barrier need not be erected when constructing an enclosure provided that the ACM will not be disturbed during the building of the enclosure. Such a permanent (i.e., for the life of the building) enclosure shall be built of new construction materials and shall be impact resistant and airtight. Before constructing the enclosure, the person conducting the asbestos abatement shall move all active electrical conduits, telephone lines, recessed lights, and pipes out of the area to be enclosed in order to ensure that the enclosure will not have to be reopened later for routine or emergency maintenance.
III.O.3.b.	The master floor plans shall indicate the exact location and condition of the enclosed asbestos and this plan shall be kept in a separate asbestos file with the building superintendent or engineer.
III.P.	CLEARING ABATEMENT PROJECTS
This subsection III.P applies to asbestos abatement projects in areas of public access, other than school buildings, where the amount of asbestos-containing material that will be abated exceeds the trigger levels. For clearance requirements in school buildings, see paragraph IV.G.9. (Completion of Response Actions).
The GAC, certified Air Monitoring Specialist, and the building owner shall ensure that all abatement projects are completed as described below.
All air monitoring and final visual inspections-required under this regulation shall be performed by certified Air Monitoring Specialists independent of the GAC to avoid possible conflict of interest.
III.P.1.	Final Visual Inspection
At the conclusion of any abatement action and with only critical barriers still in place, a certified Air Monitoring Specialist, who is independent of the GAC, shall visually inspect each work area where such action was conducted, and behind the critical barriers, to determine whether all dust and debris has been removed. If any such dust or debris is found, the area shall be re-cleaned until no dust or debris is found. If a critical barrier is removed for cleaning purposes, the area behind the critical barrier shall be cleaned and the critical barrier immediately replaced.
III.P.2.	[Reserved]
III.P.3.	Final Clearance Air Monitoring and Sample Analyses
III.P.3.a.	Sample Collection
III.P.3.a.(i).	Once the area has passed a final visual inspection and no dust or debris has been found, the certified Air Monitoring Specialist shall collect air samples using aggressive sampling as described in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995), to monitor air for clearance after each abatement project; except that fans and leaf blowers shall not be directed toward any known friable ACM remaining in the work area.
III.P.3.a.(ii).	The total number of clearance air samples required to determine compliance with subsection III.P. (Clearing Abatement Projects) for a state-permitted abatement project involving greater than the trigger levels of ACM is indicated in the following table:

For each work area within the project where the amount of ACM is: 	State-Permitted Project in Non-School Building	Response Action in School Building	
	Minimum # of samples to clear each of the following:	Minimum # of samples to clear each of the following:	
	Work area	Project	Work Area	Project	
Less than 3 square feet/3 linear feet	1	5	5	5	
From 3 square feet/3 linear feet up to 32 square feet/50 linear feet/volume equivalent of a 55-gallon drum	2	5	5 PCM or 13 TEM	5 PCM or 13 TEM	
Greater than 32 square feet/50 linear feet/volume equivalent of a 55-gallon drum up to 160 square feet/260 linear feet/volume equivalent of a 55-gallon drum	5	5	5 PCM or 13 TEM	5 PCM or 13 TEM	
Greater than 160 square feet/260 linear feet/volume equivalent of a 55-gallon drum	5	5	13 TEM	13 TEM	
III.P.3.b.	Clearance Criteria
III.P.3.b.(i).	Except as provided in paragraph III.P.3.b.iii., an abatement action shall be considered complete when the average concentration of asbestos of five air samples collected within the abatement work area and analyzed by the TEM method in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995), is not statistically significantly different, as determined by the Z-test calculation as found in that Appendix A, from the average asbestos concentration of five air samples collected at the same time outside the abatement work area and analyzed in the same manner, and the average asbestos concentration of the three field blanks described in that Appendix A, is below the filter background level of 70 structures per square millimeter (70 s/mm2).
III.P.3.b.(ii).	An action shall also be considered complete if the volume of air drawn for each of the five samples collected within the abatement work area is equal to or greater than 1,199 L of air for a 25-mm filter, or equal to or greater than 2,799 L of air for a 37-mm filter, and the average concentration of asbestos as analyzed by the TEM method in 40 C.F.R. Part 763 Appendix A to Subpart E (EPA 1995), for the five air samples does not exceed the filter background level of 70 s/mm2, as defined in that Appendix A. If the average concentration of asbestos of the five air samples within the abatement work area exceeds 70 s/mm2, or if the volume of air in each of the samples is less than 1,199 liters of air for a 25-mm filter, or less than 2,799 L of air for a 37-mm filter, the action shall be considered complete only when the requirements of subparagraph III.P.3.b.i, or III.P.3.b.iii, of this subsection III.P (Clearing Abatement Projects) are met.
III.P.3.b.(iii).	The laboratory may analyze air-monitoring samples collected for clearance purposes by PCM to confirm completion of removal, encapsulation, or enclosure of ACM. The action shall be considered complete when the results of samples collected in the abatement work area and analyzed by PCM using the NIOSH Method 7400 entitled “Fibers” published in the NIOSH Manual of Analytical Methods, 3rd Edition, Second Supplement, August 1987, show that the concentration of fibers for each of the five samples is less than or equal to a limit of quantification for PCM (0.01 fibers per cubic centimeter, 0.01 f/cm3,10,000 f/m3). The analyst doing said analysis shall be NIOSH 582 or 582E trained.
III.P.3.C.	Laboratory Accreditation
III.P.3.c.(i).	The air samples collected under this subsection III.P, shall be analyzed for asbestos using laboratories accredited by the National Institute of Standards and Technology to conduct such analysis using transmission electron microscopy or, under circumstances permitted in this subsection III.P. (Clearing Abatement Projects), laboratories showing successful participation in the American Industrial Hygiene Association Proficiency Analytical Testing (PAT) Program for phase contrast microscopy.
III.P.3.c.(ii).	Whenever on-site satellite labs are used for PCM analysis for final clearance purposes, all persons conducting said analysis shall be properly trained as an analyst pursuant to the AIHA Laboratory Quality Assurance Program and shall follow all quality control and quality assurance guidelines as set forth in the NIQSH Method 7400 entitled “Fibers” published in the NIOSH Manual of Analytical Methods, 3rd Edition, second supplement, August 1987. Satellite labs must be directly under the control of properly accredited laboratories pursuant to the requirements set forth in subparagraph III.P.3.b. (Clearance Criteria) above.
III.Q.	TEAR-DOWN
This subsection III.Q, applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
The following tasks shall be performed during the tear-down portion of the abatement project:
●	Removal of the critical barriers
●	Removal of negative air machines(NAMs)
●	Disassembly of the decontamination unit
●	Disassembly of the waste load-out area
III.R.	WASTE HANDLING
This subsection III.R applies to asbestos abatement projects in areas of public access and non-public access areas where any amount of asbestos-containing material has been removed.
III.R.1.	Disposal Containers
Disposal containers shall be leak-tight and waterproof when sealed. Disposable bags shall be at least six-(6) mil polyethylene.
III.R.2.	Handling Waste Material
Each person handling asbestos-containing waste material(ACWM) shall:
III.R.2.a.	Seal all asbestos-containing waste material in leak-tight containers while wet and label the containers in accordance with subsection III.R.2.b (Labeling), below.
Appropriate containers and procedures shall be used to prevent all breakage, rupture or leakage during loading, shipping, transportation and storage of asbestos-containing waste material.
III.R.2.b.	Affix warning labels to all ACWM or to their containers, with either of the following warnings:
Danger
Contains Asbestos Fibers
Avoid Creating Dust
Cancer and Lung Disease Hazard
Or
Caution
Contains Asbestos
Avoid Opening or Breaking Container
Breathing Asbestos is Hazardous To Your Health
III.R.2.c.	Following an abatement project, temporary storage of ACWM shall be limited to 500 (five hundred), 55-gallon barrels, or the volumetric equivalent thereof, prior to disposal. Storage is permitted only on property owned or operated by the GAC or building owner. Temporary storage shall not exceed a time period of more than 6 months following the completion of the abatement action.
III.R.2.d.	Discharge no visible emissions during the collection, processing (including incineration), packaging, transportation, or deposition of any ACWM generated by the source.
III.R.2.e.	Dispose of ACWM in accordance with Colorado Department of Public and Environment Health, Hazardous Materials and Waste Management Division regulations.
III.R.2.f.	All asbestos-containing wastewater shall be filtered to five (5) micrometers prior to discharge and shall be discharged to a sanitary sewer.
III.R.3.	Follow the waste shipment procedures in accordance with the provisions of 40 C.F.R. Part 61 Section 150 (EPA 1995).
III.S.	ABATEMENT OF SPECIAL MATERIALS
This subsection III.S applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
III.S.1.	Resilient Floor Tile and Sheet Vinyl Flooring
III.S.1.a.	Pursuant to paragraph III.E. (Notification), the person conducting the project must notify the Division of the intent to demolish, renovate, or perform asbestos abatement in any building, structure, facility or installation, or any portion thereof, which contains asbestos in any amount that exceeds the trigger levels whether friable or not.
III.S.1.b.	Resilient floor tile, sheet vinyl flooring, and associated flooring adhesive which contain asbestos, are nonfriable unless the material is damaged to the extent that when dry it can be crumbled, pulverized or reduced to powder by hand pressure.
III.S.1.c.	Provided that the requirements of Appendix B are followed as required, the requirements of following sections do not apply: section II (Certification0 Requirements), section III, subsections III G. (Permits), III.H. (Abatement Sequence), III.I. (Critical Barrier Construction), III.J. (Additional Engineering Controls), III K. (Decontamination Area), III.L. (Pre-cleaning of Surfaces), III.M. (Covering Fixed Objects), III.N. (Containment Components), III.O. (Abatement Methods), .III.P (Clearing Abatement Projects), and III.Q (Tear-Down).
If a person grinds, mechanically chips, drills, sands, bead blasts, sandblasts, mechanically powders the material or otherwise damages such material to render it friable, and the amount of the material exceeds the trigger levels, then the following sections do apply: sections I (Definitions), II (Certification Requirements) and III (Abatement, Renovation and Demolition Projects).
III.S.1.d.	Sheet Vinyl Flooring
If utilizing the work practices set forth in Appendix B for the removal of sheet vinyl flooring, any Workers removing the flooring must have successfully completed an 8-hour employee training course which meets the training requirements for flooring Workers set forth in Appendix C to this regulation; furthermore, individuals supervising the removal of sheet vinyl flooring materials must have successfully completed the 8-hour employee training course and an additional training course for Supervisors which meets the training requirements for flooring Supervisors set forth in Appendix C to this regulation.
III.S.2.	Asbestos Cement Products
Transite roofing shingles, transite siding and other asbestos cement products that remain nonfriable during removal are subject to the requirements of subsection III.E (Notifications). The transite roofing shingles, transite siding, or other asbestos cement products must be removed in accordance with paragraph III.S.4 (Other Nonfriable Asbestos-Containing Materials), below. If the transite roofing shingles, siding, other asbestos cement products become friable during removal, then sections I. (Definitions), II. (Certification Requirements), and III. (Abatement, Renovation and Demolition Projects) apply.
III.S.3.	Asphaltic Materials
Tar impregnated roofing felts, asphalt-roofing tiles, roofing asphalts, roofing mastics, and asphaltic pipeline coatings that are nonfriable and will remain nonfriable during abatement are exempt from this regulation.
III.S.4.	Other Nonfriable Asbestos-Containing Materials
III.S.4.a.	Adequately wet the surface areas of the nonfriable ACM to prevent dust emissions throughout the removal process.
III.S.4.b.	Remove the materials using hand removal methods or power tools that do not subject the material to cutting, grinding, sanding, bead blasting, sandblasting, or otherwise damage the material in such a way as to render it friable.
III.S.4.C.	Remove the material carefully with minimal breakage and disturbance.
III.S.4.d.	If the nonfriable material is to be disposed of, then it must be transported to the landfill that will accept nonfriable ACM. The landfill must be contacted prior to disposal to ensure that the nonfriable ACM is transported and packaged in accordance with the landfill's specific policy or regulation. If the materials have been rendered friable, they must be disposed of as friable asbestos-containing waste materials pursuant to subsection III.R. (Waste Handling).
III.S.5.	Asbestos-Contaminated Soil
Any soil containing visible friable asbestos-containing material or any soil with greater than 1% friable asbestos content in the top 1′ of soil-is, for the purposes of this subsection, asbestos-contaminated soil. Where the surface area of the asbestos-contaminated soil exceeds the trigger levels, or the volume of contaminated soil to be removed exceeds the volume equivalent of a 55-gallon drum, the GAC and the building owner shall comply with all of the requirements in subsection III.T. (Asbestos Spill Response), and shall remove gross, visible surface debris, and either remove the top 2′ of soil, or seal the area with concrete or other impenetrable material.
III.T.	ASBESTOS SPILL RESPONSE
The following procedures apply to all areas of public access, except school buildings, in which there has been a release of asbestos fibers due to a breach of the containment barrier on an abatement project, or due to any cause other than abatement of asbestos. For fiber releases in schools, see section IV. (School Requirements).
III.T.1.	Major Asbestos Spills
In the event of an asbestos spill involving greater than the trigger levels, the building owner or contractor shall:
III.T.1.a.	Restrict access to the area and post warning signs to prevent entry to the area by persons other than those necessary to respond to the incident;
III.T.1.b.	Shut off or temporarily modify the air handling system to prevent the distribution of asbestos fibers to other areas;
III.T.1.c.	Immediately contact the Division by telephone, submit a notification in compliance with subsection III.E. (Notifications) and, if in an area of public access, apply for a permit in accordance with subsection III.G. (Permits);
III.T.1.d.	Be exempted from the requirements to have a certified Supervisor on-site at all times, until such time as the immediate danger has passed. A person certified by the Division shall supervise any cleanup or asbestos abatement that must occur after the immediate danger has passed;
III.T.1.e.	Using certified Supervisors and certified Workers in accordance with section II. (Certification Requirements) of this Regulation, seal all openings between the contaminated and uncontaminated areas and establish negative air pressure within the contaminated area in accordance with paragraph III.J. (Air Cleaning and Negative Pressure Requirements). This is to be accomplished using polyethylene sheeting to cover areas such as doorways, windows, elevator openings, corridor entrances, grills, drains, grates, diffusers and skylights;
III.T.1.f.	HEPA vacuum or steam clean all carpets, drapes, upholstery, and other non-clothing fabrics in the contaminated area, or discard these materials;
III.T.1.g.	Launder or discard contaminated clothing in accordance with subsection III.R (Waste Handling);
III.T.1.h.	HEPA vacuum or wet clean all surfaces in the contaminated area;
III.T.1.i.	Discard all materials in accordance with subsection III.R. (Waste Handling);
III.T.1.j.	Following completion of subparagraphs III.T.1.a through III.T.1.i above, comply with air monitoring requirements as described in subsection III.P (Clearing Abatement Projects); air samples shall be collected aggressively as described in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995), except that the air stream of the leaf blower shall not be directed at any friable ACM that remains in the area;
III.T.1.k.	Comply with any other measures deemed necessary by the Division to protect public health.
III.T.2.	Minor Asbestos Spills
In the event of an asbestos spill involving less than or equal to the trigger levels, the building owner or contractor should take the following non-mandatory steps:
III.T.2.a.	Restrict entry to the area and post warning signs to prevent entry to the area by persons other than those necessary to respond to the incident;
III.T.2.b.	Shut off or temporarily modify the air handling system to prevent the distribution of fibers to other areas in the building;
III.T.2.c.	Seal all openings between the contaminated and uncontaminated areas. This is to be accomplished by using polyethylene sheeting to cover all areas such as windows, doorways, elevator openings, corridor entrances, drains, grills, grates, diffusers and skylights;
III.T.2.d.	HEPA vacuum or steam clean all carpets, draperies, upholstery and other non-clothing fabrics in the contaminated area, or discard all contaminated materials in accordance with subsection III.R (Waste Handling);
III.T.2.e.	Launder or discard contaminated clothing in accordance with subsection III.R (Waste Handling);
III.T.2.f.	HEPA vacuum or wet clean all non-fabric surfaces in the contaminated area;
III.T.2.g.	Following completion of subparagraphs III.T.2.a through III.T.2.f above, conduct air monitoring as described in paragraph III.P.3 (Final Clearance Air Monitoring and Sample Analyses); air samples shall be collected aggressively as described in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995), except that the air stream of the leaf blower shall not be directed at any friable ACM that remains in the work area.
III.U.	MAXIMUM ALLOWABLE ASBESTOS LEVEL
At any time, the maximum allowable asbestos level (MAAL) shall not be exceeded in any area of public access.
All air monitoring required under this regulation shall be performed by certified Air Monitoring Specialists independent of the GAC to avoid possible conflict of interest.
III.U.1.	Monitoring for the MAAL
III.U.1.a.	During Normal Occupancy
For purposes of this paragraph III.U.1, air monitoring shall be conducted during normal occupancy and samples shall not be collected in an aggressive manner.
III.U.1.b.	During Abatement
III.U.1.b.(i).	Exhausting NAMs in a Building
If air from negative air machines (NAMs) must be exhausted to the interior of the building, air samples must be taken and analyzed by PCM or any equivalent method approved by the Division at least every day and meet the requirements of subsection III.U (Maximum Allowable Asbestos Level) to ensure that there is no breach in the filtering system. In the event that the maximum allowable asbestos level is exceeded, all of the requirements of subsection III.T (Asbestos Spill Response) must be met.
III.U.l.b.(ii).	Outside Containment (Non-mandatory)
In the event that airborne fiber levels outside a containment in an area of public access exceed the MAAL when analyzed by PCM, the GAC shall either treat the affected area as an asbestos spill and comply with all the requirements in subsection III.T (Asbestos Spill Response) or, reanalyze the samples by transmission electron microscopy analysis in accordance with 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995), within 24 hours. If the MAAL is exceeded by TEM, comply with section III.T (Asbestos Spill Response).
III.U.2.	The Maximum Allowable Asbestos Level (MAAL)
III.U.2.a.	PCM
If PCM is used as the method of analysis the standard is 0.01 fibers per cubic centimeter of air (f/cc), which is equivalent to 10,000 fibers per cubic meter of air (f/m3). The NIOSH 7400 Method entitled “Fibers” published in the NIOSH Manual of Analytical Methods, 3rd Edition, Second Supplement, August 1987, shall be used to analyze samples. The number of samples to be taken shall be determined by the certified Air Monitoring Specialist.
III.U.2.b.	TEM
Where TEM is used as the method of analysis, the standard is 70 structures/millimeter2 (s/mm2). TEM analysis shall be conducted pursuant to the protocol in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995).
III.U.2.C.	Elevated Ambient Levels
Notwithstanding the provisions of clauses III.U.1.b.i and III.U.1.b.ii above, if the asbestos level in the outside ambient air which is adjacent to an asbestos project site or area of public access exceeds 70 s/mm2 using TEM analysis or 0.01 fibers per cubic centimeter of air (10,000 f/m3) using PCM analysis, whichever is applicable, the existing asbestos level in such air shall be the maximum allowable asbestos level.
III.U.3.	What to do if the MAAL is Exceeded
III.U.3.a.	Second Set by TEM
In the event that airborne asbestos fiber levels exceed the MAAL when analyzed by PCM, a second set of samples may be collected during normal occupancy, analyzed by transmission electron microscopy analysis, and calculated as an eight-hour time-weighted average (TWA) in accord with 29 C.F.R. Part 1910.1000(d)(1)(i), before any order of abatement is issued. The TEM sample(s) shall be collected in the same location(s) as the original PCM sample(s) and analyzed within 24 hours of the PCM sample(s).
III.U.3.b.	Outside Containment
In the event that airborne fiber levels outside a containment in an area of public access exceed the MAAL when analyzed by PCM, the GAC shall either treat the affected area as an asbestos spill and comply with all the requirements in subparagraph III.T (Asbestos Spill Response) or, reanalyze the samples by transmission electron microscopy analysis in accordance with 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995), within 24 hours. If the MAAL is exceeded by TEM, comply with subparagraph III.T (Asbestos Spill Response).
III.V.	SPECIAL REMOVAL METHODS
This subsection III.V applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
III.V.1.	Glovebag Removal
Glovebag removal methods shall only be allowed where the glovebag can be installed such that it completely surrounds the ACM to be removed without causing a fiber release.
III.V.1.a.	Glovebags shall be at least 6-mil polyethylene in thickness and shall be seamless at the bottom.
III.V.1.b.	Glovebags shall not be used in situations where the glovebag could come into contact with surfaces that exceed 150#deg# Fahrenheit.
III.V.1.c.	Glovebags may be used only once and may not be moved.
III.V.1.d.	For glovebag removals the GAC shall:
III.V.1.d.(i).	erect secondary containment barriers where the amount of ACM to be removed in a functional space exceeds three (3) linear or three (3) square feet. In the event of a spill or a breach of the glovebag, the entire area enclosed by the secondary containment shall be cleaned utilizing HEPA vacuuming and wet wiping with all debris, filters, mop heads, and cloths disposed of as ACWM in leak tight containers;
III.V.1.d.(ii).	tape or otherwise seal the glovebag to the area from which asbestos is to be removed. Glovebags shall be smoke tested for leaks and any leaks sealed prior to use;
III.V.1.d.(iii).	adequately wet, then remove, the asbestos-containing material from the surface;
III.V.1.d.(iv).	adequately wet any asbestos-containing material that has fallen from the surface into the enclosed bag using an airless sprayer and amended water or other materials or equipment equally effective in wetting;
III.V.1.d.(v).	thoroughly clean and wet wipe the surface until no traces of asbestos- containing material can be seen;
III.V.1.d.(vi).	encapsulate the rough edges of any asbestos-containing material that will remain on the surface after the glovebag has been removed. This shall be done prior to the removal of the glovebag.;
III.V.1.d.(vii).	evacuate the air from the glovebag using a HEPA filter-equipped vacuum prior to removing the glovebag;
III.V.1.d.(viii).	ensure that the final visual inspection and clearance air monitoring requirements of subsection III.P. (Clearing Abatement Projects) are met;
III.V.1.d.(ix).	handle and dispose of all waste materials as required in subsection III.R (Waste Handling).
III.V.2.	Facility Component Removal
Only those facility components in which the ACM is well adhered to the component may be taken out of the facility as units or in sections and be exempt from the containment requirements in subsection III.N (Containment Components) provided that the GAC:
III.V.2.a.	Adequately wet the facility component pursuant to subparagraph III.O.2.a.(i). (Wetting) then wrap the facility component in six (6) mil polyethylene prior to removing the facility component; and
III.V.2.b.	Ensure that the abatement project is cleared as required in subsection III.P. (Clearing Abatement Projects) and that the ACWM is disposed of as required in subsection III.R (Waste Handling). NOTE: The use of a secondary containment to facilitate the required air clearance monitoring is recommended, but not required.
III.V.2.C.	Once the components are taken out of the facility, if the components are to be stripped, comply with sections I. (Definitions), II. (Certification Requirements) and III (Abatement, Renovation and Demolition Projects).
III.W.	STRUCTURALLY UNSOUND BUILDINGS
For facilities described in subparagraph III.E.l.e, the Division may suspend any abatement work practice requirements, the implementation of which may endanger personnel who will be removing asbestos from the facility. The GAC shall apply for a variance from the Division in accordance with the requirements of subsection III.F (Alternative Procedures and Variances). During wrecking operations, that portion of the facility that contains friable asbestos-containing material must be kept adequately wet commencing from prior to the demolition through delivery of the demolition debris to a landfill that will accept friable ACM.
III.X.	EXEMPTIONS
The following sections of the regulation contain exemptions from certain requirements. Please refer to the indicated section for the specific details of the exemption.
●	If the asbestos-containing material to be abated is less than the trigger levels, then only subsection III.R (Waste Handling) applies in section III.
●	Inspection requirements may be exempt if an architect or Building Inspector certifies a building constructed after October 12, 1988 to be asbestos-free. See subparagraph III.A.1.d.
●	If you own a SFRD that is your primary residence and you choose to do the abatement yourself, certification is not required. See subparagraph III.B.1.c.
●	A Project Manager doesn't need to be independent of the GAC if the project manager is working in-house. See paragraph III.D.2.
●	If you own a SFRD, which is your primary residence, you may opt out of having your SFRD deemed an area of public access. See paragraph III.E.2.
●	There are three situations in which a NAM does not have to be fitted with a HEPA filter. See subparagraph III.J.1.c.
●	Certain materials are exempted from many of the abatement requirements. See subsection III.S (Abatement of Special Materials).
●	During an emergency, the requirement for a certified Supervisor to be on-site may be temporarily suspended. See subparagraph III.T.1.d.
●	While performing facility component removal, full containment is not required. See paragraph III.V.2 (Facility Component Removal).
All underlined text in this regulation indicates defined terms; clicking on underlined text will take you to its definition in Section I.
IV.	SCHOOL REQUIREMENTS
IV.A.	SCOPE AND PURPOSE
The requirements in this section of the regulation mirrors the Asbestos Hazard Emergency Response Act of 1986 (AHERA) (15 U.S.C. 2646) that was enacted to identify, manage and reduce exposure to asbestos in schools.
This section of the regulation requires local education agencies to identify friable and nonfriable asbestos-containing material (ACM) in public and private elementary and secondary schools by visually inspecting school buildings for such materials, sampling such materials if they are not assumed to be ACM, and having samples analyzed by appropriate techniques referred to in this rule. The rule requires local education agencies to submit management plans to the Colorado Department of Public Health and Environment, Air Pollution Control Division by October 12, 1988, or if a deferral is applied for and received from the Division, May 9,1989. The LEA must begin to implement the plans by July 9, 1989, and complete implementation of the plans in a timely fashion. In addition, local education agencies are required to use persons who have been certified to conduct inspections, reinspections, develop management plans, or perform response actions. The rule also includes recordkeeping requirements. LEAs may contractually delegate their duties under this rule, but they remain responsible for the proper performance of those duties. Local education agencies are encouraged to consult with the EPA Regional Asbestos Coordinator or the Division for assistance in complying with this rule.
IV.A.1.	Local education agencies must provide for the transportation of asbestos in accordance with section III of this regulation. Disposal of asbestos-containing waste is governed by rules promulgated by the Colorado Board of Health, and implemented by the Department's Hazardous Materials and Waste Management Division.
IV.B.	GENERAL LEA RESPONSIBILITIES
Each LEA shall:
IV.B.1.	Ensure that the activities of any persons who perform inspections, reinspections, and periodic surveillance, develop and update management plans, and develop and implement response actions, including operations and maintenance, are carried out in accordance with section IV of this Regulation No. 8.
IV.B.2.	Ensure that all custodial and maintenance employees are properly trained as required by this section IV and other applicable Federal and/or State regulations (e.g., the Occupational Safety and Health Administration asbestos standard for construction, and the EPA Worker protection rule.)
IV.B.3.	Ensure that workers and building occupants, or their legal guardians, are informed at least once each school year about inspections, response actions, and post-response action activities, including periodic reinspection and surveillance activities that are planned or in progress.
IV.B.4.	Ensure that short-term workers (e.g., telephone repair workers, utility workers, or exterminators) who may come in contact with asbestos in a school are provided information regarding the locations of ACBM and suspected ACBM assumed to be ACM.  Documentation of these notifications shall become part of the management plan.
IV.B.5.	Ensure that warning labels are posted in accordance with subsection IV.L (Warning Labels).
IV.B.6.	Ensure that management plans are available for inspection and notification of such availability has been provided as specified in the management plan under subsection IV.J. (School Management Plans)
IV.B.7.	Designated Person
IV.B.7.a.	Designate a person to ensure that requirements under this section are properly implemented.
IV.B.7.b.	Ensure that the designated person receives adequate training to perform duties assigned under section IV.B. Such training shall provide, as necessary, basic knowledge of:
IV.B.7.b(i).	Health effects of asbestos.
IV.B.7.b.(ii).	Detection, identification, and assessment of ACM.
IV.B.7.b.(iii).	Options for controlling ACM.
IV.B.7.b.(iv).	Asbestos management programs.
IV.B.7.b.(v).	Relevant Federal and State regulations concerning asbestos, including those in this Commission Regulation No. 8 and those of the Occupational Safety and Health Administration, U.S. Department of Labor, the U.S. Department of Transportation and the U.S. Environmental Protection Agency.
IV.B.8.	Consider whether any conflict of interest may arise from the interrelationship among certified personnel and whether that should influence the selection of certified personnel to perform activities under this section.
IV.C.	INSPECTION AND REINSPECTION
IV.C.1.	Inspection
IV.C.1.a.	Except as provided in subparagraph IV.C.1.b. below, before October 12, 1988 or by May 9, 1989, if a deferral has been applied for and received from the Division, local education agencies shall inspect each school building that they lease, own, or otherwise use as a school building to identify all locations of friable and nonfriable ACM.
IV.C.1.b.	Any building leased or acquired on or after October 12, 1988, that is to be used as a school building shall be inspected as described under paragraphs IV.C.1.c. and IV.C.1.d. below prior to use as a school building. In the event that emergency, use of an uninspected building as a school building is necessitated, such buildings shall be inspected within 30 days after commencement of such use.
IV.C.1.c.	Each inspection shall be made by a certified Inspector.
IV.C.1.d.	For each area of a school building, except as excluded under subsection IV.M. (Exclusions), each person performing an inspection shall:
IV.C.1.d.(i).	Visually inspect the area to identify the locations of all suspected ACM.
IV.C.1.d.(ii).	Touch all suspected ACM to determine whether they are friable.
IV.C.1.d.(iii).	Identify all homogeneous areas of friable suspected ACBM and all homogeneous areas of nonfriable suspected ACM.
IV.C.1.d.(iv).	Assume that some or all of the homogeneous areas are ACM, and, for each homogeneous area that is not assumed to be ACM, collect and submit for analysis bulk samples under subsections IV.D. (Sampling) and IV.E. (Analysis).
IV.C.1.d.(v).	Assess, under subsection IV.F. (Assessment), friable material in areas where samples are collected, friable material in areas that are assumed to be ACM, and friable ACM identified during a previous inspection.
IV.C.1.d.(vi).	Record the following and submit to the person designated under subsection IV.B. (General LEA Responsibilities) a copy of such record for inclusion in the management plan within 30 days of the inspection:
IV.C.1.d.(vi).(A).	An inspection report with the date of the inspection signed by each certified person making the inspection, and his or her certification number.
IV.C.1.d.(vi).(B).	An inventory of the locations of the homogeneous areas where samples are collected, exact location where each bulk sample is collected, dates that samples are collected, homogeneous areas where friable suspected ACBM is assumed to be ACM, and homogeneous areas where nonfriable suspected ACBM is assumed to be ACM.
IV.C.1.d.(vi).(C).	A description of the manner used to determine sampling locations, the name and signature of each certified Inspector who collected the samples, and his or her certification number.
IV.C.1.d.(vi).(D).	A list of whether the homogeneous areas identified under sub clause IV.C.l.d.(vi)(B) above are surfacing material, thermal system insulation, or miscellaneous material.
IV.C.1.d.(vi).(E).	Assessments made of friable material, the name and signature of each certified Inspector making the assessment, and his or her certification number.
IV.C.2.	Reinspection
IV.C.2.a.	At least once every three years after a management plan is in effect, each LEA shall conduct a reinspection of all friable and nonfriable known or assumed ACBM in each school building that they lease, own, or otherwise use as a school building.
IV.C.2.b.	Each inspection shall be made by a certified Inspector.
IV.C.2.c.	For each area of a school building, each person performing a reinspection shall:
IV.C.2.c.(i).	Visually reinspect, and reassess, under subsection IV.F. (Assessment) the condition of all friable known or assumed ACBM.
IV.C.2.c.(ii).	Visually inspect material that was previously considered nonfriable ACBM and touch the material to determine whether it has become friable since the last inspection or reinspection.
IV.C.2.c.(iii).	Identify any homogeneous areas with material that has become friable since the last inspection or reinspection.
IV.C.2.c.(iv).	For each homogeneous area of newly friable material that is already assumed to be ACBM, bulk samples may be collected and submitted for analysis in accordance with subsections IV.D. (Sampling) and IV.E. (Analysis).
IV.C.2.c.(v).	Assess, under subsection IV.F. (Assessment), the condition of the newly friable material in areas where samples are collected, and newly friable materials in areas that are assumed to be ACBM.
IV.C.2.c.(vi).	Reassess, under subsection IV.F. (Assessment), the condition of friable known or assumed ACBM previously identified.
IV.C.2.c.(vii).	Record the following and submit to the person designated under subsection IV.B. (General LEA Responsibilities), a copy of such record for inclusion in the management plan within 30 days of the reinspection:
IV.C.2.c.(vii).(A).	The date of the reinspection, the name and signature of the person making the reinspection, his or her certification number, and any changes in the condition of known or assumed ACBM.
IV.C.2.c.(vii).(B).	The exact locations where samples are collected during the reinspection, a description of the manner used to determine sampling locations, the name and signature of each certified Inspector who collected the samples, and his or her certification number.
IV.C.2.c.(vii).(C).	Any assessments or reassessments made of friable material, the name and signature of the certified Inspector making the assessments, and his or her certification number.
IV.C.3.	General
Thermal system insulation that has retained its structural integrity and that has an undamaged protective jacket or wrap that prevents fiber release shall be treated as nonfriable and therefore is subject only to periodic surveillance and preventive measures as necessary.
IV.D.	SAMPLING
IV.D.1.	Surfacing Material
A certified Inspector shall collect, in a statistically random manner that is representative of the homogeneous area, bulk samples from each homogeneous area of friable surfacing material that is not assumed to be ACM, and shall collect the samples as follows:
IV.D.1.a.	At least three bulk samples shall be collected from each homogeneous area that is 1,000 ft2, or less, except as provided in subparagraph IV.E.3.b.
IV.D.1.b.	At least five bulk samples shall be collected from each homogeneous area that is greater than 1,000 ft2 but less than or equal to 5,000 ft2, except as provided in subparagraph IV.E.3.b.
IV.D.l.c.	At least seven bulk samples shall be collected from each homogeneous area that is greater than 5,000 ft2, except as provided in subparagraph IV.E.3.b.
IV.D.1.d.	Sampling of friable surfacing materials should follow the guidance provided in the EPA publication “Simplified Sampling Scheme for Friable Surfacing Materials” (EPA 560/5-85-030a) (1985).
IV.D.2.	Thermal System Insulation
IV.D.2.a.	Except as provided in paragraphs IV.D.2.b through IV.D.2.d below, a certified Inspector shall collect, in a randomly distributed manner, at least three bulk samples from each homogeneous area of thermal system insulation that is not assumed to be ACM.
IV.D.2.b.	Collect at least one bulk sample from each homogeneous area of patched thermal system insulation that is not assumed to be ACM if the patched section is less than 6 linear or square feet.
IV.D.2.c.	In a manner sufficient to determine whether the material is ACM or not ACM, collect bulk samples from each insulated mechanical system that is not assumed to be ACM where cement or plaster is used on fittings such as tees, elbows, or valves, except as provided under subparagraph IV.E.3.b., analysis.
IV.D.2.d.	Bulk samples are not required to be collected from any homogeneous area where the certified Inspector has determined that the thermal system insulation is fiberglass, foam glass, rubber, or other non-ACBM.
IV.D.3.	Miscellaneous Material
In a manner sufficient to determine whether material is ACM or not ACM, a certified Inspector shall collect bulk samples from each homogeneous area of friable miscellaneous material that is not assumed to be ACM.
IV.D.4.	Nonfriable suspected ACBM
If any homogeneous area of nonfriable suspected ACBM is not assumed to be ACM, then a certified Inspector shall collect, in a manner sufficient to determine whether the material is ACM or not ACM, bulk samples from the homogeneous area of nonfriable suspected ACBM that is not assumed to be ACM.
IV.E.	ANALYSIS
IV.E.1.	Local education agencies shall have bulk samples, collected under subsection IV.D. (Sampling) and submitted for analysis, analyzed for asbestos using laboratories accredited by the National Institute of Standards and Technology (NIST). Local education agencies shall use laboratories, which have received interim accreditation for polarized light microscopy analysis under the EPA Interim Asbestos Bulk Sample Analysis Quality Assurance Program until the National Institute of Standards and Technology (NIST) PLM laboratory accreditation program for PLM is operational.
IV.E.2.	Bulk samples shall not be composited for analysis and shall be analyzed for asbestos content by PLM, using the United States Environmental Protection Agency's August 1994 Method EPA/600/R-93/116J “Method for the Determination of Asbestos in Bulk Building Materials.”
IV.E.3.	Interpreting Bulk Sample Results
IV.E.3.a.	A homogeneous area is considered not to contain ACM only if the results of all samples required to be collected from the area show asbestos in amounts of one percent or less.
IV.E.3.b.	A homogeneous area shall be determined to contain ACM based on a finding that the results of at least one sample collected from that area shows that asbestos is present in an amount greater than one percent.
IV.E.4.	The name and address of each laboratory performing an analysis, the date of analysis, and the name and signature of the person performing the analysis shall be submitted to the person designated under subsection IV.B. (General LEA Responsibilities) for inclusion into the management plan within 30 days of the analysis.
IV.F.	ASSESSMENT
IV.F.1.	[Untitled]
IV.F.1.a.	For each inspection and reinspection conducted under paragraph IV.C.1. and IV.C.2. (Inspections/Reinspections), and previous inspections specified under subsection IV.M. (Exclusions), the LEA shall have a certified Inspector provide a written assessment of all friable known or assumed ACBM in the school building.
IV.F.1.b.	Each certified Inspector providing a written assessment shall sign and date the assessment, provide his or her certification number, and submit a copy of the assessment to the person designated under subsection IV.B. (General LEA Responsibilities) for inclusion in the management plan within 30 days of the assessment.
IV.F.2.	The Inspector shall classify and give reasons in the written assessment for classifying the ACBM and suspected ACBM assumed to be ACM in the school building into one of the following categories:
IV.F.2.a.	Damaged or significantly damaged thermal system insulation ACM.
IV.F.2.b.	Damaged friable surfacing ACM.
IV.F.2.c.	Significantly damaged friable surfacing ACM.
IV.F.2.d.	Damaged or significantly damaged friable miscellaneous ACM.
IV.F.2.e.	ACBM with potential for damage.
IV.F.2.f.		ACBM with potential for significant damage.
IV.F.2.g.	Any remaining friable ACBM or friable suspected ACBM.
IV.F.3.	Assessment may include the following considerations:
IV.F.3.a.	Location and the amount of the material, both in total quantity and as a percentage of the functional space.
IV.F.3.b.	Condition of the material, specifying:
IV.F.3.b.(i).	Type of damage or significant damage (e.g., flaking, blistering, water damage, or other signs of physical damage).
IV.F.3.b.(ii).	Severity of damage (e.g., major flaking, severely torn jackets, as opposed to occasional flaking, minor tears to jackets).
IV.F.3.b.(iii).	Extent or spread of damage over large areas or large percentages of the homogeneous area.
IV.F.3.c.	Whether the material is accessible.
IV.F.3.d.	The material's potential for disturbance.
IV.F.3.e.	Known or suspected causes of damage or significant damage (e.g., air erosion, vandalism, vibration, water).
IV.F.3.f.	Preventive measures, which might eliminate the reasonable likelihood of undamaged ACM from becoming significantly damaged.
IV.F.3.g.	The LEA shall select a person certified to develop management plans to review the results of each inspection, reinspection, and assessment for the school building and to conduct any other necessary activities in order to recommend in writing to the LEA appropriate response actions. The certified person shall sign and date the recommendation, and provide his or her certification number, and submit a copy of the recommendation to the person in the management plan.
IV.G.	RESPONSE ACTIONS
IV.G.1.	The LEA shall select and implement in a timely manner the appropriate response actions in this section consistent with the assessment conducted in subsection IV.F. The response actions selected shall be sufficient to protect human health and the environment. The LEA may then select, from the response actions, which protect human health and the environment, that action which is the least burdensome method. Nothing in this section shall be construed to prohibit removal of ACBM from a school building at any time, should removal be the preferred response action of the LEA.
IV.G.2.	If damaged or significantly damaged thermal system insulation ACM is present in a building, the LEA shall:
IV.G.2.a.	At least repair the damaged area.
IV.G.2.b.	Remove the damaged material if it is not feasible, due to technological factors, to repair the damage.
IV.G.2.C.	Maintain all thermal system insulation ACM and its covering in an intact state and undamaged condition.
IV.G.3.	Selecting the Response Action
IV.G.3.a.	If damaged friable surfacing ACM or damaged friable miscellaneous ACM is present in a building, the LEA shall select from among the following response actions: encapsulation, enclosure, removal, or repair of the damaged material.
IV.G.3.b.	In selecting the response action from among those, which meet the definitional standards in subsection IV.I. (Training & Periodic Surveillance) the LEA shall determine which of these response actions protects human health and the environment. For purposes of determining which of these response actions are the least burdensome, the LEA may then consider local circumstances, including occupancy and use patterns within the school building, and its economic concerns, including short- and long-term costs.
IV.G.4.	If significantly damaged friable surfacing ACM or significantly damaged friable miscellaneous ACM is present in a building the LEA shall:
IV.G.4.a.	Immediately isolate the functional space and restrict access, unless isolation is not necessary to protect human health and the environment.
IV.G.4.b.	Remove the material in the functional space or, depending upon whether enclosure or encapsulation would be sufficient to protect human health and the environment, enclose or encapsulate.
IV.G.5.	If any friable surfacing ACM, thermal system insulation ACM, or friable miscellaneous ACM that has potential for damage is present in a building, the LEA shall at least implement an operations and maintenance (O&M) program, as described under subsection IV.H. (Operations & Maintenance).
IV.G.6.	If any friable surfacing ACM, thermal system insulation ACM, or friable miscellaneous ACM that has potential for significant damage is present in a building, the LEA shall:
IV.G.6.a.	Implement an O&M program, as described under subsection IV.H. (Operations & Maintenance).
IV.G.6.b.	Institute preventive measures appropriate to eliminate the reasonable likelihood that the ACM or its covering will become significantly damaged, deteriorated, or delaminated.
IV.G.6.c.	Remove the material as soon as possible if appropriate preventive measures cannot be effectively implemented, or unless other response actions are determined to protect human health and environment. Immediately isolate the area and restrict access if necessary to avoid an imminent and substantial endangerment to human health or the environment.
IV.G.7.	Response actions including removal, encapsulation, enclosure, or repair, other than small-scale, short-duration repairs, shall be designed and conducted by persons certified to design and conduct response actions.
IV.G.8.	The requirements of this section IV of Regulation No. 8 in no way supersede the Worker Protection and work practice requirements under 29 C.F.R. 1926.58 (Occupational Safety and Health Administration (OSHA 1988) Asbestos, 40 C.F.R. Part 763, Subpart G (EPA 1995) (Asbestos Abatement Projects), and 40 C.F.R. Part 61, Subpart M (EPA 1995) (National Emission Standards for Hazardous Air Pollutants-Asbestos) and section III of this regulation.
IV.G.9.	Completion of Response Actions.
IV.G.9.a.	At the conclusion of any action to remove, encapsulate, or enclose ACBM or material assumed to be ACBM, a person designated by the LEA shall visually inspect each functional space where such action was conducted to determine whether the action has been properly completed.
IV.G.9.b.	Collection and Analysis of Air Samples
IV.G.9.b.(i).	A person designated by the LEA shall collect air samples using aggressive sampling as described in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995), to monitor air for clearance after each removal enclosure and encapsulation project involving ACBM, except for projects that are less than three square or three linear feet.
IV.G.9.b.(ii).	Local education agencies shall have air samples collected under this section analyzed for asbestos using laboratories accredited by the National Bureau of Standards to conduct such analysis using transmission electron microscopy or, under circumstances permitted in this section, laboratories enrolled in the American Industrial Hygiene Association Proficiency Analytical Testing Program for phase contrast microscopy.
IV.G.9.b.(iii).	Until the National Bureau of Standards TEM laboratory accreditation program is operational, local educational agencies shall use laboratories that use the protocol described in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995).
IV.G.9.c.	Except as provided in subparagraphs IV.G.9.d., IV.G.9.e., IV.G.9.f., or IV.G.9.g. of this subsection, an action to remove, encapsulate, or enclose ACBM shall be considered complete when the average concentration of asbestos of five air samples collected within the affected functional space and analyzed by the TEM method in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 1995), is not statistically significantly different, as determined by the Z-test calculation found in Appendix A from the average asbestos concentration of five air samples collected at the same time outside the affected functional space and analyzed in the same manner, and the average asbestos concentration of the three field blanks described in Appendix A is below the filter background level, as defined in Appendix A, of 70 structures per square millimeter (70 s/mm2).
IV.G.9.d.	An action may also be considered complete if the volume of air drawn for each of the five samples collected within the affected functional space is equal to or greater than 1,199 L of air for a 25mm filter or equal to or greater than 2,799 L of air for a 37 mm filter, and the average concentration of asbestos as analyzed by the TEM method in 40 C.F.R. Part 763, Appendix A to Subpart E (1995), for the five air samples does not exceed the filter background level, as defined in Appendix A, of 70 structures per square millimeter (70 s/mm2). If the average concentration of asbestos of the five air samples within the affected functional space exceeds 70 s/mm2, or if the volume of air in each of the samples is less than 1,199 L of air for a 25 mm filter or less than 2,799 L of air for a 37 mm filter, the action shall be considered complete only when the requirements of subparagraph IV.G.9.c., IV.G.9.e., IV.G.9.f, or IV.G.9.g. of this section are met.
IV.G.9.e.	At any time, a LEA may analyze air monitoring samples collected for clearance purposes by phase contrast microscopy to confirm completion of removal, encapsulation, or enclosure of ACBM that is greater than small-scale, short-duration and less than or equal to the trigger levels. The action shall be considered complete when the results of samples collected in the affected functional space and analyzed by phase contrast microscopy 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, show that the concentration of fibers for each of the five samples is less than or equal to a limit of quantification for PCM (0.01 fibers per cubic centimeter (0.01 f/cm3, 10,000 f/m3) of air). The method is available at the Office of the Air Quality Control Commission.
IV.G.9.f.	Until October 7, 1989, a LEA may analyze air-monitoring samples collected for clearance purposes by PCM to confirm completion of removal. encapsulation, or enclosure of ACBM that is less than or equal to 3,000 square feet or 1,000 linear feet. The action shall be considered complete when the results of samples collected in the affected functional space and analyzed by PCM using the NIOSH Method 7400 entitled “Fibers” published in the NIOSH Manual of Analytical Methods, 3rd Edition, Second Supplement, August 1987, show that the concentration of fibers for each of the five samples is less than or equal to a limit of quantification for PCM (0.01 fibers per cubic centimeter, 0.01 f/cm3, 10,000 f/m3). The method is available at the Office of the Colorado Air Quality Control Commission.
IV.G.9.g.	From October 8, 1989, to October 7, 1990, a LEA may analyze air monitoring samples collected for clearance purposes by PCM to confirm completion of removal, encapsulation, or enclosure of ACBM that is less than or equal to 1,500 square feet or 500 linear feet. The action shall be considered complete when the results of samples collected in the affected functional space and analyzed by PCM using the NIOSH Method 7400 entitled “Fibers” published in the NIOSH Manual of Analytical Methods, 3rd Edition, Second Supplement, August 1987, show that the concentration of fibers for each of the five samples is less than or equal to a limit of quantification for PCM (0.01 fibers per cubic centimeter, 0.01 f/cm3, 10,000 f/m3). The method is available at the Office of the Colorado Air Quality Control Commission.
IV.G.9.h.	To determine the amount of ACBM affected under subparagraphs IV.G.9.e., IV.G.9.f., or IV.G.9.g. of this subsection, the LEA shall add the total square or linear footage of ACBM within the containment barriers used to isolate the functional space for the action to remove, encapsulate, or enclose the ACBM. Contiguous portions of material subject to such action conducted concurrently or at approximately the same time within the same school building shall not be separated to qualify under subparagraph IV.G.9.e., IV.G.9.f., or IV.G.9.g. of this subsection.
IV.G.9.i.	All monitoring and final visual inspections required under this regulation shall be performed by certified air monitoring specialists independent of the GAC to avoid possible conflict of interest.
IV.H.	OPERATIONS AND MAINTENANCE
IV.H.1.	Applicability
The LEA 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.
IV.H.2.	Cleaning
IV.H.2.a.	Initial Cleaning
Unless the building has been cleaned using equivalent methods within the previous six 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 section IV.C.1 and before the initiation of any response action, other than O&M activities or repair, according to the following procedures:
IV.H.2.a.(i).	HEPA vacuum or steam-clean all carpets.
IV.H.2.a.(ii).	HEPA vacuum or wet-clean all other floor and all other horizontal surfaces.
IV.H.2.a.(iii).	Dispose of all debris, filters, mop heads, and cloths in sealed, leak-tight containers.
IV.H.2.b.	Additional Cleaning
The certified management planner shall make a written recommendation to the LEA whether additional cleaning is needed, and if so, the methods and frequency of such cleaning.
IV.H.3.	Operations and Maintenance Activities
The LEA shall ensure that the procedures described below to protect building occupants shall be followed for any operations and maintenance activities disturbing friable ACBM.
IV.H.3.a.	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.
IV.H.3.b.	Post signs to prevent entry by unauthorized persons.
IV.H.3.c.	Shut off or temporarily modify the air-handling system and restrict other sources of air movement.
IV.H.3.d.	Use work practices or other controls, such as, wet methods, protective clothing, HEPA vacuums, mini-enclosures, and glovebags, as necessary to inhibit the spread of any released fibers.
IV.H.3.e.	Clean all fixtures or other components in the immediate work area.
IV.H.3.f.	Place the asbestos debris and other cleaning materials in a sealed, leak-tight container.
IV.H.4.	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 certified to design response actions and conducted by persons certified to conduct response actions.
IV.H.5.	Fiber Release Episodes
IV.H.5.a.	Minor fiber release episode-The LEA 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):
IV.H.5.a.(i).	Thoroughly saturate the debris using wet methods.
IV.H.5.a.(ii).	Clean the area, as described in subsection IV.H.2. of this section.
IV.H.5.a.(iii).	Place the asbestos debris in a sealed, leak-tight container.
IV.H.5.a.(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 section IV.H.3. (Operations & Maintenance).
IV.H.5.b.	Major fiber release episode - The LEA 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):
IV.H.5.b.(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.
IV.H.5.b.(ii).	Shut off or temporarily modify the air-handling system to prevent the distribution of fibers to other areas in the building.
IV.H.5.b.(iii).	The response action for any major fiber release episode must be designed by persons certified to design response actions and conducted by persons certified to conduct response actions, as specified in subsection II.A. (General Requirements).
IV.I.	TRAINING AND PERIODIC SURVEILLANCE
IV.I.1.	Training
IV.I.1.a.	The LEA shall ensure, prior to the implementation of the O&M provisions of the management plan, that all members of its maintenance and custodial staff (custodians, electricians, heating/air conditioning engineers, plumbers, etc.) who may work in a building that contains ACBM receive awareness training of at least two hours, whether or not they are required to work with ACBM. New custodial and maintenance employees shall be trained within 60 days after commencement of employment. Annual refresher training shall be provided and documented in the management plan for the school.  Training shall include, but not be limited to:
IV.I.1.a.(i).	Information regarding asbestos and its various uses and forms.
IV.I.1.a.(ii).	Information on the health effects associated with asbestos exposure.
IV.I.1.a.(iii).	Locations of ACBM identified throughout each school building in which they work.
IV.I.1.a.(iv).	Recognition of damage, deterioration, and delamination of ACBM.
IV.I.1.a.(v).	Name and telephone number of the person designated to carry out general LEA responsibilities under subsection IV.B. (General LEA Responsibilities) and the availability and location of the management plan.
IV.I.1.b.	The LEA shall ensure that all members of its maintenance and custodial staff who conduct any activities that will result in the disturbance of ACBM shall receive training described in subsection IV.I.1.a. above and 14 hours of additional training.  Annual refresher training shall be provided and documented in the management plan for the school.  Additional training shall include, but not be limited to:
IV.I.1.b.(i).	Descriptions of the proper methods of handling ACBM.
IV.I.1.b.(ii).	Information on the use of respiratory protection as contained in the EPA/NIOSH Guide to Respiratory Protection for the Asbestos Abatement Industry, September 1986 (EPA 560/OPTS-86-001), available from the office of the Colorado Air Quality Control Commission, and other personal protection measures.
IV.I.1.b.(iii).	The provisions of section IV and Appendices A, B, C, and D of 52 Federal Register 41857-41898 (October 30,1987), EPA regulations contained in 40 C.F.R. Part 763, Subpart G, and in 40 C.F.R. Part 61, Subpart M, and QSHA regulations contained in 29 C.F.R. 1926.1101.
IV.I.1.b.(iv).	Hands-on training in the use of respiratory protection, other personal protection measures, and good work practices.
IV.I.1.c.	LEA maintenance and custodial staff who have attended EPA-approved asbestos training or received equivalent training for Q&M and periodic surveillance activities involving asbestos shall be considered trained for the purposes of this section.
IV.I.2.	Periodic Surveillance
IV.I.2.a.	At least once every six months after a management plan is in effect, each LEA shall conduct periodic surveillance in each building that it leases, owns, or otherwise uses as a school building that contains ACBM or is assumed to contain ACBM.
IV.I.2.b.	Each person performing periodic surveillance shall:
IV.I.2.b.(i).	Visually inspect all areas that are identified in the management plan as ACBM or assumed ACBM.
IV.I.2.b.(ii).	Record the date of the surveillance, his or her name, and any changes in the condition of the materials.
IV.I.2.b.(iii).	Submit to the person designated to carry out general LEA responsibilities under subsection IV.B. (General LEA Responsibilities) a copy of such record for inclusion in the management plan.
IV.J.	SCHOOL MANAGEMENT PLANS
IV. J.I.	Submittal of Management Plans
IV.J.1.a.	On or before October 12, 1988, or by May 9, 1989, if the LEA has applied for and received a deferral from the Division each LEA shall develop an asbestos management plan for each school, including all buildings that they lease, own, or otherwise use as school buildings, and submit the plan in the form specified by the Division. The plan may be submitted in stages that cover a portion of the school buildings under the authority of the LEA. The fee for Division review of management plans will be $45.00.
IV.J.1.b.	If a building to be used as part of a school is leased or otherwise acquired after October 12, 1988, the LEA shall include the new building in the management plan for the school prior to its use as a school building. The revised portions of the management plan shall be submitted to the Division.
IV.J.1.c.	If a LEA begins to use a building as a school after October 12, 1988, the LEA shall submit a management plan for the school to the Division prior to its use as a school.
IV.J.2.	If the Division does not disapprove a management plan within 90 days after receipt of the plan, the LEA shall implement the plan.
IV.J.3.	Each LEA must begin implementation of its management plan on or before July 9, 1989, and complete implementation in a timely fashion.
IV J.4.	Each LEA 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, as well as any information that has been revised to bring the plan up-to-date.
IV.J.5.	The Management plan shall be developed by a certified management planner and shall include:
IV.J.5.a.	A list of the name and address of each school building and whether the school building contains friable ACBM, nonfriable, ACBM, or friable and nonfriable suspected ACBM assumed to be ACM.
IV.J.5.b.	For each inspection conducted before December 14, 1987:
IV.J.5.b.(i).	The date of the inspection.
IV.J.5.b.(ii).	A blueprint, diagram, or written description of each school 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.
IV.J.5.b.(iii).	A copy of the analyses of any bulk samples, dates of analyses, and a copy of any other laboratory reports pertaining to the analyses.
IV.J.5.b.(iv).	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.
IV.J.5.b.(v).	A description of assessments, required to be made under section IV.F. of material that was identified before December 14, 1987, as friable ACBM or friable suspected ACBM assumed to be ACM, arid the name and signature, and Colorado certification number of each certified person making the assessments.
IV.J.5.c.	For each inspection and reinspection conducted under section IV.C. (Inspections & Reinspections):
IV.J.5.c.(i).	The date of the inspection or reinspection and the name and signature, and the Colorado certification number of each certified Inspector performing the inspection or reinspection.
IV.J.5.c.(ii).	A blueprint, diagram, or written description of each school building that identifies clearly 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 where nonfriable suspected ACBM is assumed to be ACM.
IV.J.5.c.(iii).	A description of the manner used to determine sampling locations, and the name and signature of each certified Inspector collecting samples, and his or her Colorado certification number.
IV.J.5.c.(iv).	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 paragraph IV.E.l., the date of analysis, and the name and signature of the person performing the analysis.
IV.J.5.c.(v).	A description of assessments, required to be made under subsection IV.F. (Assessment), of all ACBM and suspected ACBM assumed to be ACM, and the name, signature, and Colorado certification number of each person making the assessments.
IV.J.5.d.	The name, address, and telephone number of the person designated under subsection IV.B. (General LEA Responsibilities) to ensure that the duties of the LEA are carried out, and the course name, and dates and hours of training taken by that person to carry out the duties.
IV.J.5.e.	The recommendations made to the LEA regarding response actions, under subsection IV.F. (Assessment), the name, signature, and his or her Colorado certification number.
IV.J.5.f.	A detailed description of preventive measures and response actions to be taken, including methods to be used, for any friable ACBM, 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.
IV.J.5.g.	A signed statement that the individual is certified under this Regulation No. 8 from each individual who inspects for ACBM or who will design or carry out response actions, except for operations and maintenance.
IV.J.5.h.	A detailed description in the form of a blueprint, diagram, or in writing of any ACBM or suspected ACBM assumed to be ACM which remains in the school once response actions are undertaken pursuant to subsection IV.G. (Response Actions). This description shall be updated as response actions are completed.
IV J.5.i.	A plan for reinspection under subsection IV.C. (Inspections & Reinspections) and a plan for operations and maintenance activities under subsection IV.H. (Operations & Maintenance), and a plan for periodic surveillance under subsection IV.I. (Training & Periodic Surveillance), a description of the recommendation made by the management planner regarding additional cleaning under subsection IV.H.2.b. (Additional Cleaning) as part of an operations and maintenance program, and the response of the LEA to that recommendation.
IV.J.5.j.	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 that are planned or in progress.
IV.J.5.k.	An evaluation of the resources needed to complete response actions successfully and carry out reinspection, operations and maintenance activities, periodic surveillance and training.
IV.J.5.1.	The name of each consultant who contributed to the management plan, and a statement from each such consultant that the consultant is certified under Colorado State law, and a statement that the person is accredited by an EPA approved course (specify course title and sponsor) under section 206(c) of the Title II of TSCA.
IV.J.6.	A LEA may require each management plan to contain a statement signed by a certified management plan developer that such plan is in compliance with this section IV (School Requirements). 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.
IV.J.7.	Availability of Management Plan
IV.J.7.a.	Upon submission of a management plan to the Division, a LEA 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 Division, the public, including teachers, other school personnel and their representatives, and parents. The LEA may charge a reasonable cost to make copies of management plans.
IV.J.7.b.	Each LEA shall maintain in its administrative office a complete, updated copy of a management plan for each school 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 Division, the public, including teachers, other school personnel and their representatives, and parents. The LEA may charge a reasonable cost to make copies of management plans.
IV.J.7.c.	Each school shall maintain in its administrative office a complete, updated copy of the management plan for that school. Management plans shall be available for inspection, without cost or restriction, to Workers before work begins in any area of a school building. The school shall make management plans available for inspection to representatives of EPA and the Division, the public, including parents, teachers, and other school personnel and their representatives within five working days after receiving a request for inspection. The school may charge a reasonable cost to make copies of the management plan.
IV.J.7.d.	Upon submission of its management plan to the Division and at least once each school year, the LEA shall notify in writing parent, teacher, and employee organizations of the availability of management plans and shall include in the management plan a description of the steps taken to notify such organizations, and a dated copy of the notification. In the absence of any such employees, the LEA shall provide written notice to that relevant group of the availability of the management plan, a description of the steps taken to notify such groups and a dated copy of the notification.
IV.J.8.	Records required under subsection IV.K. (Recordkeeping) shall be made by local education agencies and maintained as part of the management plan.
IV.J.9.	Each management plan must contain a true and correct statement, signed by the individual designated by the LEA under subsection IV.B. (General LEA Responsibilities) which certifies that the general, LEA responsibilities, as stipulated by subsection IV.B. (General LEA Responsibilities), have been met or will be met.
IV.K.	RECORDKEEPING
IV.K.1.	Records required under this section shall be maintained in a centralized location in the administrative office of both the school and the LEA as part of the management plan. For each homogeneous area where all ACBM has been removed, the LEA shall ensure that such records are retained for three years after the next reinspection required under subparagraph IV.C.2.a. or for an equivalent period.
IV.K.2.	For each preventive measure and response action taken for friable and nonfriable suspected ACBM assumed to be ACM, the LEA shall provide:
IV.K.2.a.	A detailed written description of the measure or action, including methods used, the location where the measure or action was taken, reasons for selecting the measure or action, start and completion dates of the work, names and addresses of all contractors involved and Colorado Certification numbers, and if ACBM is removed, the name and location of storage or disposal site of the ACM.
IV..K.2.b.	The name and signature of any person collecting any air sample required to be collected at the completion of certain response actions specified by section IV.G.9., the locations where samples were collected, date of collection, the name and address of the laboratory analyzing the samples, the date of analysis, the results of the analysis, the method of analysis, the name and signature of the person performing the analysis, and a statement that the laboratory meets the applicable requirements of clause IV.G.9.b.ii.
IV.K.3.	For each person required to be trained under subparagraph IV.I.l.a. or b., the LEA shall provide the person's name and job title, the date that training was completed by that person, the location of the training, and the number of hours completed in such training.
IV.K.4.	For each time that periodic surveillance under subparagraph IV.I.2.a. is performed, the LEA shall record the name of each person performing the surveillance, the date of surveillance and any changes in the conditions of the materials.
IV.K.5.	For each time that cleaning under paragraph IV.H.2. (Cleaning) is performed, the LEA shall record the name of each person performing the cleaning, the date of such cleaning, the locations cleaned, and the methods used to perform such cleaning.
IV.K.6.	For each time that operations and maintenance activities under paragraph IV.H.3. (Operations & Maintenance Activities.) are performed, the LEA shall record the name of each person performing the activity, the start and completion dates of the activity, the locations where such activity occurred, a description of the activity including preventive measures used, and if ACBM is removed, the name and location of storage or disposal site of the ACM.
IV.K.7.	For each time that major asbestos activity under paragraph IV.H.4. (Maintenance Activities) is performed the LEA shall provide the name and signature, and the Colorado Certification number of each person performing the activity, the start and completion dates of the activity, the locations where such activity occurred, a description of the activity including preventive measures used, and if ACBM is removed, the name and location of storage or disposal site of the ACM.
IV.K.8.	For each fiber release episode under paragraph IV.H.5. (Fiber Release Activities) the LEA shall provide the date and location of the episode, the method of repair, preventive measures or response action taken, the name of each person performing the work, and if ACBM is removed, the name and location of storage or disposal site of the ACM.
IV.L.	WARNING LABELS
The LEA shall attach a warning label immediately adjacent to any friable and nonfriable ACBM and suspected ACBM assumed to be ACM located in routine maintenance areas (such as boiler rooms) at each school building. This shall include:
IV.L.1.	Friable ACBM that was responded to by a means other than removal.
IV.L.2.	ACBM for which no response action was carried out.
IV.L.3.	All labels shall be prominently displayed in readily visible locations and shall remain posted until the ACBM that is labeled is removed.
IV.L.4.	The warning label shall read, in print which is readily visible because of large size or bright color, as follows: CAUTION: ASBESTOS. HAZARDOUS. DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT.
IV.M.	EXCLUSIONS
IV.M.1.	A LEA shall not be required to perform an inspection under paragraph IV.C.l. (Inspections) in any sampling area or homogeneous area of a school building where:
IV.M.1.a.	A certified 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 Colorado Certification number and, within 30 days after such determination, submit a copy of the statement to the person designated under subsection IV.B. (General LEA Responsibilities) for inclusion in the management plan. However, a certified Inspector shall assess the friable ACBM under subsection IV.F. (Assessment).
IV.M.1.b.	A certified 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 certification number and, within 30 days after such determination, submit a copy of the statement to the person designated under subsection IV.B. (General LEA Responsibilities) for inclusion in the management plan. However, a certified Inspector shall identify whether material that was nonfriable has become friable since that previous inspection and shall assess the newly friable ACBM under subsection IV.F. (Assessment).
IV.M.1.c.	Based on sampling records and inspection records, a certified 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 paragraph IV.C. 1. (Inspections) that for 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.
IV.M.1.c.(i).	The certified Inspector shall sign and date a statement, with his or her certification number that the homogeneous or sampling area determined not to be ACBM was sampled in substantial compliance with paragraph IV.C.l. (Inspections).
IV.M.1.c.(ii).	Within 30 days after the Inspector's determination, the LEA shall submit a copy of the Inspector's statement to the Division and shall include the statement in the management plan for that school.
IV.M.1.d.	The Division 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 paragraph IV.C.l. (Inspections). Such determination shall be included in the management plan for that school.
IV.M.1.e.	A certified 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 State of Colorado Certification number and, within 30 days of such determination, submit a copy of the statement to the person designated under subsection IV.B. (General LEA Responsibilities) for inclusion in the management plan. However, a certified 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 subsection IV.F. (Assessment).
IV.M.1.f.	Based on inspection records and contractor and clearance records, a certified 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 State of Colorado Certification number. The LEA shall submit a copy of the statement to the Division and shall include the statement in the management plan for that school.
IV.M.1.g.	An architect or project engineer responsible for the construction of a new school building built after October 12, 1988, or a certified 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 LEA shall submit a copy of the signed statement of the architect, project engineer, or certified Inspector to the Division and shall include the statement in the management plan for that school.
IV.M.2.	The exclusion, under subparagraphs IV.M.1.a through IV.M.1.d of this subsection, from conducting the inspection under paragraph IV.C.1 (Inspections) shall apply only to homogeneous or sampling areas of a school building that were inspected and sampled before October 17, 1987. The LEA shall conduct an inspection under paragraph IV.C.l (Inspections) of all areas inspected before October 17, 1987 that were not sampled or were not assumed to be ACM.
IV.M.3.	If ACBM is subsequently found in a homogeneous or sampling area of a LEA local education agency that had been identified as receiving an exclusion by a certified Inspector under subparagraphs IV.M.1.c, d., and e., of this section, or an architect, project engineer or certified Inspector under subparagraph IV.M.1.g of this section, the LEA shall have 180 days following the date of identification of ACBM to comply with this section IV (School Requirements).
All underlined text in this regulation indicates defined terms; clicking on underlined text will take you to its definition in Section I.
V.	STATE BUILDING REQUIREMENTS
V.A.	SCOPE AND PURPOSE
State agencies shall follow the assessment procedures prescribed by this section prior to conducting any response action for friable ACM in an area of public access that exceeds the trigger levels. The prescribed assessment procedures require state agencies to identify friable and potentially friable ACM; sample such materials; assess the condition of suspected ACM; and conduct air monitoring to determine the level of fibers in the air. In addition, state agencies are required to use individuals who have been certified as Inspectors and Management Planners (see section II) to complete the inspections and make recommendations to building managers as to the appropriate response action to be taken.
V.B.	GENERAL STATE AGENCY RESPONSIBILITIES
Each state agency shall:
V.B.1.	Ensure that the activities of all persons who perform inspections or conduct asbestos abatement actions are carried out in accordance with sections I, II, III and V of this regulation.
V.B.2.	Designated Asbestos Coordinator
V.B.2.a.	Designate an asbestos coordinator to ensure that the requirements of this section are properly implemented.
V.B.2.b.	Ensure that the asbestos coordinator receives adequate training to perform duties assigned under this section. Such training shall provide, as necessary, basic knowledge of:
V.B.2.b.(i).	Health effects of asbestos.
V.B.2.b.(ii).	Detection, identification, and assessment of ACM.
V.B.2.b.(iii).	Options for controlling ACM.
V.B.2.b.(iv).	Asbestos management programs.
V.B.2.b.(v).	Relevant Federal and State regulations concerning asbestos, including those in this Regulation and those of the U.S. Department of Transportation and the U.S. Environmental Protection Agency.
V.B.2.C.	A person who has received “Inspector” training and certification according to section II (Certification Requirements) is deemed to be adequately trained to function as the asbestos coordinator.
V.C.	INSPECTIONS
V.C.1.	Prior to conducting an asbestos response action in an area of public access that exceeds the trigger levels in any state-owned or state-leased building, state agencies shall inspect the affected area of such buildings to identify all locations of friable and potentially friable ACM. Potentially friable ACM is any ACM that can reasonably be expected to become friable as a result of anticipated renovation or demolition work.
V.C.2.	Each inspection shall be made by a certified Inspector.
V.C.3.	Except as excluded under subsection V.H (Exclusion), the person performing an inspection under this section shall:
V.C.3.a.	Visually inspect the area to identify the locations of all suspected ACM.
V.C.3.b.	Touch all suspected ACM to determine whether they are friable.
V.C.3.C.	Identify all homogeneous areas of friable suspected ACM and all homogeneous areas of potentially friable suspected ACM.
V.C.3.d.	Pursuant to subsection V.D (Sampling); collect bulk samples from each suspect homogeneous area and submit such samples for analysis pursuant to subsection V.E (Analysis).
V.C.3.e.	Develop a written assessment of the extent, condition and types of materials in the area. Such assessment shall be performed pursuant to subsection V.F (Assessment).
V.C.3.f.	Record the following and submit to the Asbestos Coordinator under subsection V.B (General State Agency Responsibilities), a copy of such record.
V.C.3.f.(i).	An inspection report with the date of the inspection signed by the certified person making the inspection, and his or her certification number.
V.C.3.f.(ii).	An inventory of the locations of the homogeneous areas where samples are collected, exact locations where each bulk sample is collected, and dates that samples are collected.
V.C.3.f.(iii).	A list identifying each homogeneous area listed under paragraph V.C.3.c. above as surfacing material, thermal system insulation, or miscellaneous material.
V.C.3.f.(iv).	Assessments made of friable and potentially friable material, the name and signature of each certified Inspector making the assessment, and his or her certification number.
V.D.	SAMPLING
V.D.1.	Surfacing material
Prior to conducting an asbestos response action in an area of public access that exceeds the trigger levels in any state-owned or state-leased building, the State Agency shall insure that a certified Inspector shall collect, in a randomly distributed manner that is representative of the homogeneous area, bulk samples from each homogeneous area of suspect friable and potentially friable, surfacing material. The samples shall be collected as follows:
V.D.1.a.	At least three bulk samples shall be collected from each homogeneous area that is 1,000 square feet or less.
V.D.1.b.	At least five bulk samples shall be collected from each homogeneous area that is greater than 1,000 square feet but less than or equal to 5,000 square feet.
V.D.1.c.	At least seven bulk samples shall be collected from each homogeneous area that is greater than 5,000 square feet.
V.D.2.	Thermal system insulation
V.D.2.a.	Except as provided in subparagraphs V.D.2.b., c. and d. of this section, a certified Inspector shall collect, in a randomly distributed manner, at least three bulk samples from each homogeneous area of thermal system insulation that is not assumed to be ACM.
V.D.2.b.	Collect at least one bulk sample from each homogeneous area of patched thermal system insulation if the patched section is less than 6 linear or square feet.
V.D.2.C.	In a manner sufficient to determine whether the material is ACM or not ACM, collect bulk samples from each insulated mechanical system where cement or plaster is used on fittings such as tees, elbows, or valves. An area may be determined to contain ACM based on a single positive asbestos sample as described in subparagraph V.E.3.b.
V.D.2.d.	Bulk samples are not required to be collected from any homogeneous area where the certified Inspector has determined that the thermal system insulation is fiberglass, foam glass, rubber, or other non-ACM.
V.D.3.	Miscellaneous material
In a manner sufficient to determine whether material is ACM or not ACM, a certified Inspector shall collect bulk samples from each homogeneous area of friable miscellaneous material that is suspected to be ACM.
V.D.4.	The state agency shall perform air sampling prior to any response action that in an area of public access exceeds the trigger levels. The procedures described in paragraph III.U. (Maximum Allowable Asbestos Level), shall be followed.
V.E.	ANALYSIS
V.E.1.	State agencies shall have bulk samples, collected under subsection V.D (Sampling) analyzed for asbestos by laboratories accredited by the National Bureau of Standards (NBS). State agencies shall use laboratories that have received interim accreditation for polarized light microscopy analysis under the EPA Interim Asbestos Bulk Sample Analysis Quality Assurance Program until the NBS PLM laboratory accreditation program for PLM is operational.
V.E.2.	Bulk samples shall not be composited for analysis.
V.E.3.	Interpreting Bulk Sample Results
V.E.3.a.	A homogeneous area is considered not to contain ACM only if the results of all samples submitted for analysis show asbestos in amounts of one percent or less.
V.E.3.b.	A homogeneous area shall be determined to contain ACM based on a finding that the results of at least one sample collected from that area shows that asbestos is present in an amount greater than one percent.
V.E.4.	The name and address of each laboratory performing an analysis submitted to the asbestos coordinator designated under subsection V.B (General State Agency Responsibilities).
V.E.5.	Air samples shall be analyzed according to the procedures described in paragraph III.U. (Maximum Allowable Asbestos Level).
V.F.	ASSESSMENT
V.F.1.	[Untitled]
V.F.1.a.	For each inspection conducted under subsection V.D (Exclusion) and previous inspections specified under subsection V.H the state agency shall have a certified Inspector provide a written assessment of all triable material that is known or assumed ACM in a state building.
V.F.1.b.	Each certified Inspector providing a written assessment shall sign and date the assessment, provide his or her certification number, and submit a copy of the assessment to the Asbestos Coordinator designated under subsection V.B (General State Agency Requirements).
V.F.2.	The Inspector shall classify and give reasons in the written assessment for classifying the ACM and suspected ACM assumed to be ACM in the state building into one of the following categories:
V.F.2.a.	Damaged or significantly damaged thermal system insulation ACM.
V.F.2.b.	Damaged friable surfacing ACM.
V.F.2.C.	Significantly damaged friable surfacing ACM.
V.F.2.d.	Damaged or significantly damaged friable miscellaneous ACM.
V.F.2.e.	ACM with potential for damage.
V.F.2.f.	ACM with potential for significant damage.
V.F.2.g.	Any remaining friable ACM or friable material suspected to be ACM.
V.F.2.h.	Undamaged material known or suspected to be ACM.
V.F.3.	Assessment shall include the following considerations:
V.F.3.a..	Location and the amount of the material, both in total quantity and as a percentage of the functional space.
V.F.3.b..	Condition of the material, specifying:
V.F.3.b.(i).	Type of damage or significant damage (e.g., flaking, blistering, water damage, or other signs of physical damage).
V.F.3.b.(ii).	Severity of damage (e.g., major flaking, severely torn jackets, as opposed to occasional flaking, minor tears to jackets).
V.F.3.b.(iii).	Extent or spread of damage over large areas or large percentages of the homogeneous area.
V.F.3.c.	Whether the material is accessible by building occupants.
V.F.3.d.	The material's potential for disturbance.
V.F.3.e.	Known or suspected causes of damage or significant damage (e.g., air erosion, vandalism, vibration, water).
V.F.3.f.	Preventive measures, which might eliminate the reasonable likelihood of undamaged ACM from becoming significantly damaged.
V.F.3.g.	The results of any air monitoring.
V.F.4.	The state agency shall select a person certified to develop management plans (see section II) to recommend, in writing to the state agency the appropriate response actions. Prior to making a recommendation, such certified person shall review all inspections and assessments, and may conduct any other activities necessary to support his or her recommendations. The certified person shall sign and date the recommendation, and provide his or her certification number, and submit a copy of the recommendations to the asbestos coordinator.
V.G.	RECORDKEEPING
V.G.1.	For each response action taken, the Asbestos Coordinator for each state agency shall document in a file to be maintained with building records:
V.G.1.a.	A detailed written description of the measure or action, including methods used; the location where the measure or action was taken; reasons for selecting the measure or action; start and completion dates of the work; names and addresses of all contractors involved and certification numbers; and if ACM is removed, the name and location of storage or disposal site of the ACM.
V.G.1.b.	The name and signature of any person collecting any air samples required to be collected by subsection V.D (Sampling), the locations where samples were collected, date of collection, the name and address of the laboratory analyzing the samples, the date of analysis, the results of the analysis, the method of analysis, the name and signature of the person performing the analysis, and a statement that the laboratory meets the accreditation requirements of clause III.G.9.b.(ii).
V.G.2.	For each exclusion provided by subsection V.H. (Exclusions) below, a statement signed by a certified Inspector that meets the requirements of subsection V.H. (Exclusions) shall be included in the record.
V.H.	EXCLUSIONS
V.H.1.	A state agency shall not be required to perform an inspection under paragraph V.C.1. (Inspections) in any area of a state building where:
V.H.1.a.	A certified Inspector has determined that, based on sampling records, friable or potentially friable ACM was identified in that homogeneous or sampling area during an inspection conducted before April 30, 1989. The Inspector shall sign and date a statement to that effect with his or her certification number and include such a statement as part of the record required by subsection V G. (Recordkeeping). However, a certified Inspector/management planner shall assess the friable ACBM under subsection V.F. and a certified Air Monitoring Specialist shall conduct air monitoring, if not already completed.
V.H.1.b.	Based on sampling records and inspection records, a certified Inspector has determined that no ACM is present in the homogeneous or sampling area and the records show that the area was sampled, before April 30, 1989, in substantial compliance with section V.C.1 (Inspections), which for purposes of this section means in a random manner and with a sufficient number of samples to reasonably ensure that the area is free of ACM. The certified Inspector shall sign and date a statement, with his or her certification number that the homogeneous or sampling area determined not to be ACM was sampled in substantial compliance with section V.D.1. (Surfacing Materials).
V.H.1.c.	Based on inspection records a certified Inspector has determined that no ACM is present in the homogeneous or sampling area because asbestos removal operations have been conducted before April 30, 1989. The Inspector shall sign and date a statement to that effect and include his or her certification number. The state agency shall include the statement as part of the recordkeeping for that agency.
V.H.1.d.	An architect or project engineer responsible for the construction of a new state building built after April 30, 1989, or a certified Inspector signs a statement that no ACM was specified as a building material in any construction document for the building, or, to the best of his or her knowledge, no ACM was used as a building material in the building. The state agency shall place a copy of the signed statement in asbestos records for the agency.
V.H.2.	The exclusion, under subparagraph V.H.1.a. through d. of this subsection, from conducting the inspection under paragraph V.C.1 (Inspections) shall apply only to homogeneous or sampling areas of a building that were inspected and sampled before April 30, 1989.
All underlined text in this regulation indicates defined terms; clicking on underlined text will take you to its definition in Section I.
VI.	USE OF ASBESTOS IN THE MANUFACTURING, COMMERCE AND CONSTRUCTION INDUSTRIES
VI.A.	STANDARD FOR ASBESTOS MILLS
Each owner or operator of an asbestos mill shall discharge no visible emissions to the ambient air from the asbestos mill and use the methods specified by paragraph III.J.I. (Air Cleaning and Negative Pressure Requirements) to clean emissions containing particulate asbestos material before they escape to, or are vented to, the ambient air.
VI.B.	STANDARD FOR ROAD WAYS
No owner or operator of a roadway may deposit asbestos tailings or asbestos-containing waste material on that roadway, unless it is a temporary roadway on an area of asbestos ore deposits.
VI.C.	STANDARD FOR MANUFACTURING
VI.C.1.	Applicability: This paragraph applies to the following manufacturing operations using commercial asbestos.
VI.C.1.a.	The manufacture of cloth, cord, wicks, tubing, tape, twine, rope, thread, yarn, roving, lap, or other textile materials.
VI.C.1.b.	The manufacture of cement products.
VI.C.1.c.	The manufacture of fireproofing and insulating materials.
Vl.C.1.d.	The manufacture of friction products.
VI.C.1.e.	The manufacture of paper, millboard, and felt.
VI.C.1.f.	The manufacture of floor tile.
VI.C.1.g.	The manufacture of paints, coatings, caulks, adhesives, and sealants.
VI.C.1.h.	The manufacture of plastics and rubber materials.
VI.C.1.i.	The manufacture of chlorine utilizing asbestos diaphragm technology.
VI.C.I.j.	The manufacture of shotgun shell wads.
VI.C.1.k.	The manufacture of asphalt concrete.
VI.C.2.	Standard: Each owner or operator of any of the manufacturing operations to which this subsection VI.C. (Standards for Manufacturing) applies shall:
VI.C.2.a.	Discharge no visible emissions to the ambient air from these operations or from any building or structure in which they are conducted; and
VI.C.2.b.	Use the methods specified in paragraph III.J.1. (Air Cleaning and Negative Pressure Requirements) to clean emissions from these operations containing particulate asbestos material before they escape to, or are vented to, the ambient air.
VI.D.	STANDARD FOR SPRAYING
The owner or operator of an operation in which asbestos-containing materials are spray applied shall comply with the following requirements:
VI.D.1.	Use materials that contain one percent asbestos or less on a dry weight basis for spray-on application on buildings, structures, pipes, and conduits, except as provided in subparagraph VI.D.1.b. below, and:
VI.D.1.a.	Notify the Division at least 20 days before beginning the spraying operation. Include the following information in the notice:
(A)  Name and address of owner or operator.
(B)  Location of spraying operation.
(C)  Procedures to be followed to meet the requirements of paragraph VI.D (Standard for Spraying).
VI.D.1.b.	Discharge no visible emissions to the ambient air from the spray-on application of the asbestos-containing material and/or use the methods specified by paragraph III.J.1. (Air Cleaning and Negative Pressure Requirements) to clean emissions containing particulate asbestos material before they escape to, or are vented to, the ambient air.
VI.D.2.	The requirements of subparagraph VI.D.1.a. above do not apply to the spray-on application of materials where the asbestos fibers in the materials are encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying.
VI.E.1.	STANDARD FOR FABRICATING
VI.E.1.	Applicability. This paragraph applies to the following fabricating operations using commercial asbestos:
VI.E.1.a.	The fabrication of cement building products.
VI.E.1.b.	The fabrication of friction products, except those operations that primarily install asbestos friction materials on motor vehicles.
VI.E.1.c.	The fabrication of cement or silicate board for ventilation hoods; ovens; electrical panels; laboratory furniture; bulkheads, partitions, and ceilings for marine construction; and flow control devices for the molten metal industry.
VI.E.2.	Standard. Each owner or operator of any of the fabricating operations to which this subsection VI.E. (Standard for Fabricating) applies shall:
VI.E.2.a.	Discharge no visible emissions to the ambient air from any of the operations or from any building or structure in which they are conducted; and
VI.E.2.b.	Use the methods specified by paragraph III.J.I. (Air Cleaning and Negative Pressure Requirements) to clean emissions containing particulate asbestos material before they escape to, or are vented to, the ambient air.
VI.F.	STANDARD FOR INSULATING MATERIALS
No owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of this subsection do not apply to spray-applied insulating materials regulated under subsection VI.D. (Standard for Spraying).
All underlined text in this regulation indicates defined terms; clicking on underlined text will take you to its definition in Section I.
VII.	STATEMENT OF BASIS AND PURPOSE
VII.A.	AMENDMENT TO SECTION II - INCORPORATION OF THE EPA MODEL ACCREDITATION PLAN BY REFERENCE (March 21, 1996)
Background
The Asbestos Hazard Emergency Response Act of 1986 (AHERA) (15 U.S.C. 2646) was enacted to identify, manage and reduce exposure to asbestos in schools. The Asbestos School Hazard Abatement Reauthorization Act of 1990 (ASHARA) (Public Law 101-637) extended the training and certification requirements of AHERA to public and commercial buildings. Both acts require the Environmental Protection Agency (EPA) to promulgate minimum standards for the conduct of this training. In addition, states are mandated by both acts to either adopt EPA's Model Accreditation Plan (MAP), as presented in 40 CFR Part 763, or create programs that are at least as stringent as the EPA MAP. The state act contemplates adoption of the pertinent federal training requirements in 25-7-503 (1)(f)(I). Through this rulemaking, the Commission is incorporating by reference the Model Accreditation Plan into Air Quality Control Commission Regulation Number 8, Part B, section II to comply with federal and state laws.
Specific Authority
The specific authority for this regulation is found in the Colorado Air Quality Control Act. Section 25-7-503(1)(f)(I) provides authority to promulgate regulations regarding the training required to apply for state asbestos certification. This regulation will establish appropriate minimum training standards that will meet both state and federal mandates.
Purpose
Regulation 8 generally provides protection to Colorado citizens from exposure to asbestos, a Class A carcinogen, caused by improper abatements due to inadequate training of asbestos Workers, Supervisors, Inspectors, Management Planners and Project Designers. This rule will protect against potentially adverse economic impacts that might result against course providers in Colorado. This rule also helps protect against adverse health and environmental effects that may be caused by improperly trained asbestos Workers. In addition, this rule will meet the requirements of federal law (AHERA) and state law (Colorado Air Quality Control Act).
VII.B.	REVISIONS RESULTING FROM HB 95-1016 (September 19, 1996)
Basis
The Commission adopted revisions to Regulation No. 8, Part B, recommended by the Division to comply with state legislative directives, and to make other revisions reflecting changes in the federal program and appropriate changes to make the state program more effective and clear. A variety of recommended revisions were appropriate given that Regulation No. 8 has not been reopened and revised for over three years, apart from a recent limited revision regarding the EPA Model Accreditation Plan, and it was necessary to bring the regulation up to date.
The state asbestos program is not part of the State Implementation Plan (SIP), and the revisions approved by the Commission today will not be submitted to EPA as part of Colorado's SIP.
Specific Statutory Authority
Specific authority exists for the Commission's revisions in §25-7-105(10), and §25-7-501 et seq., C.R.S. In 1995 the Colorado legislature enacted HB 95-1016 amending Part 5, Asbestos Control, to require a variety of changes to the program. Section 25-7-503 provides the Commission with many separate specific authorities including, for example, specifying abatement practices and procedures, assessing notification fees, prescribing inspection and monitoring requirements, enforcing the maximum allowable asbestos level of 0.01 fibers per cubic centimeter, and requiring training and examinations. Other sections in Part 5 provide authority for specific requirements related, for example, to certification of personnel involved in asbestos abatement. Specific authority within Part 5 supports each of the revisions adopted by the Commission today.
Purpose
The Commission revises Regulation No. 8, Part B, regarding asbestos regulation to effectuate recent state legislative directives, to ensure the public is protected by minimizing the release of asbestos, to address changes to the federal National Emissions Standard for Hazardous Air Pollutants (NESHAP) Subpart M regarding asbestos, and to update the regulation for efficiency and clarity. The Commission adopts the substantive changes recommended by the Division and relies upon the record to support those changes. The Commission adopts the Division's proposals to eliminate unnecessary administrative text where it has been found in the regulation. Also, the Commission adopts various incorporations by reference recommended by the Division to bring Regulation No. 8, Part B, into conformity with the Colorado APA.
The Commission raises the minimum scope of asbestos abatement subject to the program as recommended by the Division to conform to the NESHAP for asbestos and as directed in §25-7-503(1)(b), C.R.S. The Commission acknowledges certain statutory changes that are prescriptive from HB 95-1016, e.g., the effect of a plea of nolo contendere (§25-7-508(2)(a)(II)(C), C.R.S.), and prohibition from seeking recertification within one year after the Division revokes certification for a violation of the regulation (§25-7-508(6), C.R.S.). The Commission approves the Division devising application procedures to offer certificates for a one, three or five year period at the option of the applicant (§§25-7-506(2),25-7-507.5(2)(b), C.R.S.).
The Commission has considered the record and adopts the Division's proposals regarding the project manager discipline and project design requirements. The Commission believes the project manager duties are reasonable and appropriate, and determines at this time that imposing a college-level or higher education requirement would unnecessarily preclude otherwise qualified persons from performing these duties and that education at such a level was not required by the legislature (§§25-7-502(7.5), 25-7-503(1)(b)(V)). The Commission approves of the independence requirement for project managers from GACs, and the separate independence requirement for Inspectors from GACs as reasonable and required by statute (§25-7-503(1)(b)(V), C.R.S.).
The Commission adopts the additional training and updated work practices appendix for the removal of sheet vinyl containing asbestos based on the record. The Commission believes this is generally consistent with EPA's NESHAP and with §§25-7-501 and 25-7-503(1)(a), C.R.S. by reducing the risk of the release of asbestos fibers. Further, the Commission approves revisions to the definitions of asbestos-containing waste material facility, cutting, and grinding as consistent with EPA's NESHAP. The Commission approves the disclosure regarding certification of Workers conducting abatement in single-family residential dwellings as required by §25-7-504(3), C.R.S., to ensure that those doing the work are properly certified and therefore properly trained. The Commission also adopts revisions to procedures for use of glove bags on abatement projects as being reasonable and efficient, and providing practical assistance to those conducting abatements while protecting the public from exposure to asbestos.
Based upon documents submitted and considered pursuant to §25-7-110.5, C.R.S., the Commission makes the following findings: (1) the Commission has considered and has based its decision upon the reasonably available, validated, reviewed and sound scientific methodologies and information made available by interested parties; (2) where these revisions are not administrative in nature, the record supports that the revisions will result in a demonstrable reduction in asbestos fiber releases or prevent asbestos releases where they might otherwise occur; (3) the revisions selected are the most cost-effective based upon the documents submitted pursuant to §25-7-110.5(4)., C.R.S., they provide the regulated community with flexibility, and achieve necessary reductions or prevention of the release of asbestos, and; (4) the revisions selected will maximize the air quality benefits of asbestos regulation in the most cost-effective manner.
VII.C.	REVISIONS RESULTING FROM SB-01-121, THE DORA ASBESTOS CONTROL PROGRAM 2000 SUNSET REVIEW, AND THE REORGANIZATION OF REGULATION NO. 8, PART B (January 16, 2003)
This Statement of Basis, Specific Statutory Authority and Purpose comply with the requirements of the Colorado Administrative Procedure Act Sections 24-4-103(4) and (12.5), C.R.S. for new and revised regulations.
Basis
Regulation No. 8, Part B, sets forth the Air Quality Control Commission's asbestos control program. The statutory authority for this program is contained in the Colorado Air Pollution Prevention and Control Act (“Act”). In 2001, the legislature amended Part 5 of the Act dealing with asbestos control. These amendments, among other things, expanded the definition of Area of Public Access to include single-family residential dwellings, mandated certification for Air Monitoring Specialists and changed the definition of Friable Asbestos-Containing Material. As part of the legislative review of the Act, the Department of Regulatory Agencies (“DORA”) examined potential problems with the Act and Regulation No. 8, Part B. Based on this review, DORA issued a report recommending a regulatory solution to perceived inequities in the Conflict of Interest provision set forth in Regulation No. 8, Part B, Section III.C.6.b.v. These revisions are needed to effect the statutory amendments and resolve the conflict of interest issue identified in the DORA report. In addition, the Regulation has been reorganized to make it more readable and easier to understand.
Specific Statutory Authority
The specific statutory authority for these revisions is set forth in various sections of the Colorado Air Pollution Prevention and Control Act. Section 25-7-105(1), C.R.S., gives the Air Quality Control Commission general authority to promulgate rules and regulations necessary for the proper implementation of the Act. Additionally, the various provisions set forth in Part 5 of the Act give the Commission specific authority to promulgate regulations governing asbestos abatement and control. The provisions set forth in Sections 25-7-502 and 25-7-503, C.R.S. authorize the regulatory revisions governing asbestos control in single-family residential dwellings, changes to the conflict of interest regulations and modification of the regulatory definition of friable asbestos-containing material. Additional authority regarding single-family residential dwellings is set forth in Section 25-7-504, C.R.S. The revisions governing the certification of Air Monitoring Specialists are specifically authorized pursuant to Section 25-7-506.5, C.R.S.
Purpose
The purposes of these revisions are as follows: 1) to effectuate the legislative changes to the state's asbestos control program adopted through the passage of Senate Bill 01-121; 2) to address inequalities that DORA noted with respect to the conflict of interest provisions; and 3) to reorganize the Regulation to make it more readable and easier to understand.
VII.C.1.	Senate Bill 01-121
In enacting Senate Bill 01-121, the Legislature made the following changes to Colorado's asbestos control program: 1) revisions to expand statutory and regulatory requirements to single- family residential dwellings; 2) modification of the definition of friable asbestos-containing material to clarify that this term includes materials measured by area or volume as well as by weight; and 3) adoption of a certification requirement for persons conducting Air Monitoring Specialist activities. To accomplish these legislative changes the Commission has adopted a number of revisions to Regulation No. 8, Part B.
VII.C.1.a.	Single Family Residential Dwellings
Prior to the adoption of Senate Bill 01-121, single-family residential dwellings were not included within the definition of area of public access. Because the majority of requirements set forth in the Act and the Regulation apply only to areas of public access, this exclusion left homeowners without recourse to important regulatory protections in connection with either the abatement of asbestos or renovations impacting asbestos in their homes. To rectify this situation, the Legislature modified the statutory definition of area of public access to include single-family residential dwellings, but provided that such a dwelling would not be considered an area of public access at the request of the homeowner residing in that dwelling. The Commission has adopted essentially identical modifications to the regulatory definition. Modifications to the regulatory provisions governing permitting and use of certified personnel have also been made to provide that while single-family residential dwellings could constitute areas of public access, neither permits nor the use of certified abatement Workers was required for abatement projects in such dwellings where the abatement was performed by an individual utilizing the dwelling as his or her primary residence. These provisions are consistent with the statutory mandate set forth in Senate Bill 01-121. Finally, the revisions create a new minimum scope of applicability with regard to single-family residential dwellings. Consistent with the authority set forth in Senate Bill 01-121 the Commission has set applicability levels for abatement projects in single-family residential dwellings at 50 linear feet on pipes or 32 square feet on other surfaces. These levels are lower than the levels currently set for projects in public and commercial buildings. The lower levels have been adopted in view of the fact that residential projects are typically much smaller; nonetheless, they are likely to result in prolonged exposure to higher risk populations, such as small children, the elderly or the infirm, than projects in public or commercial buildings.
VII.C.1.b.	Definition of Friable Asbestos-Containing Material
The previous definition of the term “friable asbestos-containing material” referenced material containing more than one percent asbestos by weight. Authorized laboratory analytical methods, however, have, in addition to weight, utilized measurements by area or volume. Consistent with these methods, and the change to the statutory definition, the new regulatory definition clarifies that friable asbestos-containing material includes material containing more than one percent asbestos by area or volume, as well as weight.
VII.C. 1.c.	Certification of Air Monitoring Specialists
Air Monitoring Specialists perform air sampling during and at the end of asbestos abatement projects as well as conduct final visual inspections to ensure that visible dust or debris is not left at the conclusion of the project. These activities are crucial to protecting the general public from asbestos exposure resulting from abatement projects. Despite the important role that they play in protecting the public, Air Monitoring Specialists were not previously required to obtain a state certification. This omission undermined the Division's ability to ensure that Air Monitoring Specialists were properly qualified, and precluded the Division from revoking certifications of unqualified individuals. In recognition of this, Senate Bill 01-121 required certification of Air Monitoring Specialists in accordance with Commission regulations setting forth experience, education and training requirements.
These revisions adopt requirements necessary to effectuate the certification of Air Monitoring Specialists. The new requirements allow currently practicing Air Monitoring Specialists to obtain certification upon successful completion of an Air Monitoring Specialist refresher course and a Division administered exam. Individuals who are not qualified under the present regulation, must have a high school diploma and pass a Division approved exam, as well as complete an Air Monitoring Specialist course and on-the-job experience consisting of at least 80 hours of air monitoring under the supervision of an existing AMS and at least two final visual clearances and at least two final air clearances under the observation of an existing AMS. While an existing AMS must sign off on a trainee's completion of the on-the-job experience, such a sign off shall not subject the AMS to any enforcement action or liability based on the trainee's subsequent performance of AMS activities.
VII.C.2.	DORA Recommendation
In connection with its review of Regulation No. 8, Part B, the Department of Regulatory Agencies recommended revisions to the provision governing potential conflicts of interest with respect to inspections for asbestos. The new regulation requires that inspection and abatement firms be independent of each other but removes the prohibition against payments from abatement contractors to Inspectors. This change puts abatement and inspection firms on equal footing with respect to contracting with building owners, while giving owners the flexibility to contract with a single firm and allow that firm to sub-contract the abatement or inspection work with another firm.
VII.C.3.	Reorganization
The regulation has been reorganized to make it more readable and easier to understand. This reorganization has not substantively changed any requirements, but rather has put these requirements into a more accessible format.
Section I.A. of the Regulation governing materials incorporated by reference, has been expanded to include not only a statement that certain materials have been incorporated by reference, but also a list of those materials. This change makes the substantive provisions citing these materials easier to read and allows the reader to know up front what additional rules, beyond the regulation itself, apply to asbestos control in Colorado.
The definition section has been changed to include a list of relevant acronyms. This allows the reader to quickly identify what a given acronym stands for. Additionally, throughout the reorganized regulation, electronic links have been created so that individuals electronically reviewing a particular provision can immediately link to a given definition or acronym used in that provision.
Section II of the rule, governing certifications, has been substantially re-written to systematically explain the steps necessary to obtain certification in each of the certified disciplines. The current regulation organizes this information by the different types of requirements rather than by discipline. For example, testing requirements for all the disciplines are contained in one subsection, while training requirements are contained in another. The proposed reorganization organizes this material by discipline. As such, a person seeking to become certified as a Building Inspector can turn directly to the Building Inspector section, and not have to flip back and forth between several subsections. In addition, the current rule includes provisions governing when use of certified personnel is required. Because these provisions substantively govern asbestos control, and do not address how certification is to be obtained, they have been moved to a new subsection in Section III governing abatement, renovation and demolition projects.
The substantive requirements in Section III have been reorganized to follow, as nearly as possible, the chronological steps that need to be taken in dealing with asbestos-containing materials in buildings. Given the complexity of the regulation, perfect sequencing was not possible, since certain requirements may be applicable at various stages, but generally the proposed revisions logically group related requirements together and in an order that should make sense to a layperson trying to determine how to properly proceed with respect to asbestos control. In addition, statements have been added to clarify when the various requirements are applicable.
Because certain specialized rules apply to asbestos in schools and state buildings, separate sections containing these rules have been maintained in the regulation. A new Section VI has been created governing standards associated with the manufacture and construction of asbestos materials. These requirements are currently placed in Section III governing project requirements. Because these rules are separate and distinct from the rules governing the removal and management of asbestos in buildings, the Division believes that they should be contained in a separate section. Finally, the section governing enforcement has been deleted from the proposed reorganization. This section unnecessarily duplicated the provisions of the Act, and its inclusion in the regulation was inconsistent with the other air regulations that rely on the Act for their enforcement mechanisms.
Findings Pursuant to §25-7-110.8, C.R.S.
These revisions are based on reasonably available, validated and reviewed, and sound scientific methodologies demonstrating that exposure to asbestos creates a public health hazard. Interested parties did not provide the Commission with any other validated, reviewed and scientifically sound methodologies or information.
Based on the evidence presented on the record, the requirements of this revised regulation will reduce public exposure to harmful asbestos fibers and therefore reduce the risks to human health and the environment thereby justifying the costs associated with this regulation.
The revisions represent the regulatory alternative presented to the Commission, which best balances cost-effectiveness, flexibility to the regulated community and maximization of air quality benefits.
VII.D.	REVISIONS TO ADDRESS INCORRECT LANGUAGE IN THE SINGLE - FAMILY RESIDENTIAL DWELLING OPT-OUT PROVISION, ROOFING MATERIALS AND TYPOGRAPHICAL ERRORS (December 18, 2003)
This Statement of Basis, Specific Statutory Authority and Purpose comply with the requirements of the Colorado Administrative Procedure Act Sections 24-4-103(4) and (12.5), C.R.S. for new and revised regulations.
Basis
Regulation No. 8, Part B, sets forth the Air Quality Control Commission's asbestos control program. The statutory authority for this program is contained in the Colorado Air Pollution Prevention and Control Act (“Act”). The Legislative Legal Services contacted the Division to identify a concern with the single family residential dwelling opt-out provision. Specifically, Legislative Legal Services indicated that the regulatory language governing single-family residential opt outs conflicted with the overriding statutory language. While the intent of the old provision was to be consistent with the statutory directive, the old regulatory language failed to capture that intent. These revisions are needed to address the concerns of Legislative Legal Services. We have also fixed several typographical errors.
Specific Statutory Authority
The specific statutory authority for these revisions is set forth in various sections of the Colorado Air Pollution Prevention and Control Act. Section 25-7-105(1), C.R.S., gives the Air Quality Control Commission general authority to promulgate rules and regulations, necessary for the proper implementation of the Act. Additionally, the various provisions set forth in Part 5 of the Act give the Commission specific authority to promulgate regulations governing asbestos abatement and control. The provisions set forth in Sections 25-7-502 and 25-7-503, C.R.S. authorize the regulatory revisions governing asbestos control in single-family residential dwellings, changes to the conflict of interest regulations and modification of the regulatory definition of friable asbestos-containing material. Additional authority regarding single-family residential dwellings is set forth in Section 25-7-504, C.R.S.
Purpose
These changes address issues identified by Legislative Legal Services with respect to the single- family residential dwelling opt-out provision and address typographical errors.
Findings Pursuant to §25-7-110.8, C.R.S.
These revisions are based on reasonably available, validated and reviewed, and sound scientific methodologies demonstrating that exposure to asbestos creates a public health hazard. Interested parties did not provide the Commission with any other validated, reviewed and scientifically sound methodologies or information.
Based on the evidence presented on the record, the requirements of this revised regulation will reduce public exposure to harmful asbestos fibers and therefore reduce the risks to human health and the environment thereby justifying the costs associated with this regulation.
The revisions represent the regulatory alternative presented to the Commission, which best balances cost-effectiveness, flexibility to the regulated community and maximization of air quality benefits.
VII.E.	REVISIONS TO REGULATION NO. 8, PART B – ASBESTOS (December 16, 2004)
This Statement of Basis, Specific Statutory Authority and Purpose comply with the requirements of the Colorado Administrative Procedure Act Sections 24-4-103(4) and (12.5), C.R.S. for new and revised regulations.
Basis
Regulation No. 8, Part B, sets forth the Air Quality Control Commission’s asbestos control program.  The statutory authority for this program is contained in the Colorado Air Pollution Prevention and Control Act (“Act”).  The Legislative Legal Services contacted the Division to identify a concern with the single family residential dwelling opt-out provision.  Specifically, Legislative Legal Services indicated that the regulatory language governing single-family residential opt-outs exceeded statutory language.  While the intent of the current provision was thought to be consistent with the statutory directive, Legislative Legal Services disagreed.  Therefore, this revision is needed to address the concern of Legislative Legal Services.
Specific Statutory Authority
The specific statutory authority for these revisions is set forth in various sections of the Colorado Air Pollution Prevention and Control Act.  Section 25-7-105(1), C.R.S., gives the Air Quality Control Commission general authority to promulgate rules and regulations necessary for the proper implementation of the Act.  Additionally, the various provisions set forth in Part 5 of the Act give the Commission specific authority to promulgate regulations governing asbestos abatement and control.  The provision set forth in Section 25-7-502, C.R.S. authorizes the regulatory revisions governing asbestos control in single-family residential dwelling.  Additional authority regarding single-family residential dwellings is set forth in Section 25-7-504, C.R.S.
Purpose
This change addresses the issue identified by Legislative Legal Services with respect to the single-family residential dwelling opt-out provision.
VII.F.	REVISIONS TO REGULATION NUMBER 8, PART B (June 21, 2007)
This Statement of Basis, Specific Statutory Authority and Purpose comply with the requirements of the Colorado Administrative Procedure Act Sections 24-4-103(4) and (12.5), C.R.S. for new and revised regulations.
Basis
Regulation No. 8, Part B, sets forth the Air Quality Control Commission’s asbestos control program.  The statutory authority for this program is contained in the Colorado Air Pollution Prevention and Control Act (“Act”).  In 2006, the Legislature amended Part 5 of the Act dealing with asbestos control. These amendments, among other things: extended the sunset period to July 1, 2013; mandated exams for Air Monitoring Specialists; allowed the Division to establish certification renewal cycles, and the need to retest, administratively; changed an incorrect Code of Federal Regulations reference; and applied the regulation consistently across all building types.  This included requiring an Air Monitoring Specialist to be independent of the General Abatement Contractor.   It also included requiring a Project Manager on abatement projects of specified amounts of friable asbestos-containing materials in all building types.  In addition, the Regulation has been changed to fix several administrative, typographical and referencing errors.
Specific Statutory Authority
The specific statutory authority for these revisions is set forth in various sections of the Colorado Air Pollution Prevention and Control Act.  Section, 25-7-105(1), C.R.S., gives the Air Quality Control Commission general authority to promulgate rules and regulations necessary for the proper implementation of the Act.  Additionally, the various provisions set forth in Part 5 of the Act give the Commission specific authority to promulgate regulations governing asbestos abatement and control.  The provisions set forth in Sections 25-7-505.5, C.R.S. authorize the regulatory revision to allow proficiency testing of Air Monitoring Specialists.  Section 25-7-503, C.R.S., authorizes changes to the regulation for consistency and revises an incorrect Code of Federal Regulations reference.  Additionally, authority to allow the Division to change certification periods is set forth in Sections 25-7-506, 25-7-506.5 and 25-7-507.5, C.R.S.  
Purpose
The purposes of these revisions are as follows: 1) to effectuate the legislative changes to the State’s asbestos control program adopted through the passage of House Bill 06-1177, and 2) to fix several administrative, typographical and referencing errors.
A.	House Bill 06-1177 
In enacting House Bill 06-1177, the Legislature made the following changes to Colorado's asbestos control program: 1) addition of a examination requirement for persons conducting Air Monitoring Specialist activities; 2) corrected an incorrect Code of Federal Regulation reference; 3) required an Air Monitoring Specialist to be independent of the General Abatement Contractor; and 4) required a Project Manager on abatement projects (over a specified minimum amount of friable asbestos-containing materials) in all building types.  To accomplish these legislative changes the Commission has adopted a number of revisions to Regulation No. 8, Part B.
1.	Examinations for Air Monitoring Specialists
Air Monitoring Specialists perform air sampling during, and at the conclusion of, asbestos abatement projects.  They also conduct final visual inspections to ensure that visible dust or debris is not left behind at the conclusion of the project.  These activities are crucial to protecting the general public from asbestos exposure resulting from abatement projects.  Several years ago, Legislative Legal Services determined that the Division did not have the specific statutory authority to administer tests to Air Monitoring Specialist applicants. This determination removed the Division's ability to ensure that Air Monitoring Specialists were properly trained and competent to perform their duties.  In recognition of this, House Bill 06-1177 revised the statutory language to make it clearer that an examination was required in order for them to become certified.  
2.	Statutorily Established Certification Periods
Currently, it is a requirement that certified individuals take an annual refresher class and pass a state certification test for each discipline.  Those who have renewed their certification for many years have often asked for relief from the annual testing requirement.  It was recommended that the Division track pass/fail rates and other factors for a period of time to determine appropriate renewal cycles based on these rates.    
3.	Correct Code of Federal Regulations Provisions
In Section III.U.3.a. (Maximum Allowable Asbestos Level – Second Set by TEM) of the Regulation, a reference to a provision in the Code of Federal Regulations (CFR) is made that is no longer correct due to changes within that document.  This provision must be changed in order to be consistent with the current CFR. 
4.	Consistency in Requirements of the Regulation
In connection with its review of Regulation No. 8, Part B, DORA recommended extending the provision governing potential conflicts of interest with respect to Air Monitoring Specialists and General Abatement Contractors.  Additionally, the legislature adopted the use of Project Managers on qualifying abatement projects of friable asbestos containing material in all types of buildings.  School buildings and single-family residential dwellings were not covered by this requirement.   As abatement projects in these types of buildings may be just as complex as projects in public and commercial buildings, the legislature made the requirements apply to all buildings.
B.	Corrections
A number of administrative, typographical and referencing errors were corrected.  These corrections have not changed any requirements, but were necessary to correct errors that were present.
Findings Pursuant to § 25-7-110.8, C.R.S.
These revisions are based on reasonably available, validated and reviewed, and sound scientific methodologies demonstrating that exposure to asbestos creates a public health hazard.
Based on the evidence presented on the record, the requirements of this revised regulation will reduce public exposure to harmful asbestos fibers and therefore reduce the risks to human health and the environment thereby justifying any costs associated with this regulation.
The revisions represent the regulatory alternative presented to the Commission, which best balances cost-effectiveness, flexibility to the regulated community and maximization of air quality benefits.
VII.G.	Revisions to Regulation Number 8, Part B (December 20 & 21, 2007)
This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedure Act Sections 24-4-103(4), C.R.S. for new and revised regulations.             
Basis
The Air Quality Control Commission has adopted revisions to Regulation No. 8, Part B, Sections I.B.13., I.B.14., I.B.15., (all other definition numbers will be updated to reflect these 3 additions), II.B.1., II.B.2., II.C.2., II.C.4., II.C.6., II.D.2., II.D.3.b.(iv)., II.E.1., II.E.1.a., II.G.1., II.G.2., II.L., II.M., II.N., III.E.1.b., III.E.1.c., III.E.1.d., III.F., III.G.1.b., III.G.1.c., III.G.3.c. and III.G.6., in order to raise current fees for certification of individuals and asbestos abatement firms and fees for asbestos abatement and demolition notices and permits. New fees are proposed for registration of asbestos training providers, asbestos consulting firms and asbestos laboratories.  The fees will be adjusted commencing in 2008.  The increases are necessary to cover current and rising program costs.  
Specific Statutory Authority
The specific statutory authority for these revisions is set forth in Section 25-7-510 C.R.S., which allows the Commission to adjust fees so that the revenue generated is sufficient to cover direct and indirect costs to implement the Asbestos program.
Purpose
The revisions to Regulation No.8, Part B, Sections I.B.13., I.B.14., I.B.15., (all other definition numbers will be updated to reflect these 3 additions), II.B.1., II.B.2., II.C.2., II.C.4., II.C.6., II.D.2., II.D.3.b.(iv)., II.E.1., II.E.1.a., II.G.1., II.G.2., II.L., II.M., II.N., III.E.1.b., III.E.1.c., III.E.1.d., III.F., III.G.1.b., III.G.1.c., III.G.3.c. and III.G.6. will cover existing and anticipated shortfalls.