Section 500.10  Purpose

 

These Asbestos Abatement Authority Act Procedures (Procedures) are established pursuant to the Asbestos Abatement Authority Act [20 ILCS 3120] requiring the Capital Development Board (Board or CDB) to develop and implement a program for the identification and abatement of asbestos in all State governmental buildings and to adopt rules and regulations consistent with this purpose.

 

(Source:  Amended at 20 Ill. Reg. 15218, effective November 15, 1996)

 

Section 500.20  Definitions

 

a)         "ACM" means Asbestos Containing Material.

 

b)         "Asbestos Survey Protocol" means CDB's A/E Manual of Procedures for Asbestos Inspections & Management Plans  which sets forth procedures for surveying ACM in State buildings.

 

c)         "Board" or "CDB" means the Capital Development Board.

 

d)         "Building" means any structure used or intended for supporting or sheltering any use or occupancy.

 

e)         "Management Plan" means a plan to provide for management of the asbestos in place, pending removal, and to establish the recommended response action.

 

f)         "Operations and Maintenance Program" (O & M Program) means a plan of work practices to provide for the safe operation of a building with ACM, and to keep the ACM in a state of good repair.  The O & M Program is a component of a Management Plan.

 

g)         "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner.

 

Section 500.30  Incorporated and Referenced Material

 

a)         The following laws are referenced within this Part:

 

1)         Public Law 101-637;  Asbestos School Hazard Abatement Reauthorization Act of 1990 (ASHARA).

 

2)         Commercial and Public Building Asbestos Abatement Act [25 ILCS 207].

 

b)         The following rules, regulations, standards and guidelines are hereby incorporated by reference, as allowed by 5 ILCS 100/5-75, as part of these Procedures:

 

1)         The Illinois Department of Public Health (IDPH) Rules and Regulations (77 Ill. Adm. Code 855) implemented and authorized by the Asbestos Abatement Act  [105 ILCS 105].

 

2)         United States Environmental Protection Agency (USEPA) Asbestos Hazard Emergency Response Act (AHERA) (40 CFR 763.Subpart E, F, and G (1992, no subsequent dates or editions)).

 

3)         National Emission Standard for Hazardous Air Pollutants (NESHAP) (40 CFR 61.Subpart M (1992, no subsequent dates or editions)).

 

4)         Occupational Safety and Health Act (OSHA) rules (29 CFR 1910.1001 & 1926.1101 (1995, no subsequent dates or editions)).

 

c)         Copies of the incorporated materials are available for inspection and copying by the public at the Capital Development Board, 3rd Floor, Wm. G. Stratton Building, Springfield IL  62706.

 

(Source:  Amended at 20 Ill. Reg. 15218, effective November 15, 1996)

 

Section 500.40  Applicability

 

This Part applies to all State governmental entities involved in management, maintenance, construction, renovation, remodeling or repair of State owned buildings or structures.

 

Section 500.50  Variances

 

The Board shall have the authority to issue variances from these rules, except for schools covered by IDPH.  Variances may be granted when conditions, including one or more of the following, are present:

 

a)         When alternative procedures are safer for workers and occupants than the procedures provided in these regulations.

 

b)         When alternative procedures would be less costly and do not compromise worker or occupant safety.

 

c)         When alternative procedures would be less time consuming and do not compromise worker or occupant safety.

 

Section 500.60  Identification of Asbestos

 

The asbestos survey protocol compatible with current regulations incorporated by reference above shall be utilized as follows:

 

a)         A Statewide asbestos survey will be completed by CDB as funds are available through cost recovery litigation or from State's General Revenue Fund.  The purpose of the survey shall be to produce a Management Plan, if applicable.

 

b)         Entire buildings or structures shall be surveyed in conjunction with renovation and demolition projects to identify ACM.

 

c)         Surveys may be conducted whenever suspected asbestos hazards are reported.

 

Section 500.70  Abatement of Asbestos Hazards

 

Asbestos shall be removed when necessary to complete ongoing renovation or demolition projects, when immediate asbestos hazards exist, or when removal is less costly than management of the material in place.  Non-removal hazard abatement methods shall be used where appropriate.

 

Section 500.80  Management of Asbestos in Place

 

Management Plans identify all ACMs in each building and recommend how each area of asbestos shall be handled.  All buildings or structures that have not been surveyed shall be issued a standard (non building specific) O & M Program developed by the Board.