Section 17.97.040. Procedures for submission and review of site-specific plans.

	(a)  An applicant intending to use materials containing naturally occurring asbestos at levels at or exceeding those established under AS 44.42.410 from within an area designated under 17 AAC 97.030 and who is seeking immunity provided under AS 09.65.245(a)(2) must submit a site-specific plan to the department. The applicant submitting the plan must  
		(1) have the plan certified in writing by  
			(A) an industrial hygienist with certification from the American Board of Industrial Hygiene; or;  
			(B) a registered professional engineer under AS 08.48  with department-provided project designer training;  
		(2) include concurrence from  
			(A) all landowners nearby;  
			(B) the project owner; and  
			(C) the entity responsible for maintenance; and  
		(3) submit a cover letter to the department's chief engineer stating that the site-specific plan is being submitted as required under AS 44.42.410 and identify  
			(A) the project, construction start, and projected completion date; and  
			(B) the project owner and the entity responsible for project maintenance.  
	(b)  For projects undertaken by the department or contracted by the department, where the department or its contractors are intending to use material containing naturally occurring asbestos at levels at or exceeding those established under AS 44.42.410, from within an area designated under 17 AAC 97.030 and the department is seeking immunity provided under AS 09.65.245(a)(2), the department will produce a site-specific plan. The department will  
		(1) have the plan certified in writing by  
			(A) an industrial hygienist with certification from the American Board of Industrial Hygiene; or  
			(B) a registered professional engineer under AS 08.48  with department-provided project designer training; and  
		(2) in addition to providing the information required under (c) of this section,  
			(A) identify in the plan the project, construction start, and projected completion date;  
			(B) identify all landowners nearby; and   
			(C) complete the plan as required in (c) of this section.  
	(c)  A site-specific plan under AS 44.42.410 must contain at least  
		(1) a description of the project, project components, and intended long-term use of the project;  
		(2) the applicant's address and telephone number;  
		(3) identification of all landowners nearby; the applicant must attach a signed and dated approval letter from  
			(A) each landowner that the project affects;  
			(B) the project owner; and  
			(C) the entity responsible for maintenance of the project;  
		(4) a map depicting the specific location of the project boundary and proposed material sites and the boundary of the designated area established under 17 AAC 97.030;  
		(5) plans, specifications, and material quantity estimates for construction involving material containing naturally occurring asbestos, the location and depths of material containing naturally occurring asbestos to be incorporated into the project, and identification of material free from naturally occurring asbestos that will cover or seal the material containing naturally occurring asbestos; if material containing naturally occurring asbestos has been used, the material containing naturally occurring asbestos must be covered or sealed with material free from naturally occurring asbestos, except if material containing naturally occurring asbestos is  
			(A) an integral part of the production of asphalt concrete, portland cement concrete, or other similarly cemented materials;  
			(B) used as riprap; or  
			(C) used as slope stabilization;  
		(6) a narrative of the benefits of using material containing naturally occurring asbestos on the project; the narrative must include a cost analysis comparing using material containing naturally occurring asbestos to using material that is free from naturally occurring asbestos; the costs of material containing naturally occurring asbestos must include all costs to  
			(A) develop a site-specific plan;  
			(B) implement the sampling and analysis plan required under (7) of this subsection;  
			(C) implement the asbestos compliance plan required under (8) of this subsection; and  
			(D) implement the dust control plan required under (9) of this subsection;  
		(7) a sampling and analysis plan (SAP) for construction activities; the sampling and analysis plan must include  
			(A) details of investigations to identify in the area sources of material free from naturally occurring asbestos;  
			(B) identification of the testing method used for naturally occurring asbestos;  
			(C) a description of the sampling protocol used for naturally occurring asbestos;  
			(D) test results of soil samples from known material sources or areas of anticipated ground disturbance; the test results must identify concentrations of naturally occurring asbestos, including mapped locations; and  
			(E) a narrative description of plans to minimize the use of material containing naturally occurring asbestos;  
		(8) an asbestos compliance plan (ACP) for construction activities; the asbestos compliance plan must include  
			(A) identification of those work tasks on the project with the potential for exposure to material containing naturally occurring asbestos;  
			(B) a project-specific job hazard analysis detailing steps that are to be taken to prevent or minimize worker exposure to asbestos using engineering or administrative controls and personal protective equipment (PPE); the analysis must include a description of  
				(i) personal protective equipment to be used on site;  
				(ii) decontamination practices and equipment to be used;  
				(iii) general safe work practices to be employed;  
				(iv) site security measures; and  
				(v) changed-conditions response plans;  
			(C) a description of the training to be received by those workers with potential exposure to naturally occurring asbestos; training must be appropriate for responsibilities and potential for exposure;  
			(D) a plan for monitoring the exposure of workers and the public to airborne asbestos dust; the air monitoring plan must specify the type of each air sampling device, the siting of each air sampling device, sampling durations and frequency, and the analytical method; an individual performing the monitoring and sampling must be supervised by an individual that the United States Department of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health has certified with the course titled Sampling and Evaluating Airborne Asbestos Dust (582) (NIOSH 582), dated June 1988 and adopted by reference, or an equivalent to that course; the plan must include  
				(i) an area air monitoring test documenting the presence or absence of airborne fibers from naturally occurring asbestos; the area air monitoring test must use the test method prescribed in the United States Department of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, Asbestos and Other Fibers by PCM (7400) (NIOSH 7400), dated August 15, 1994 and adopted by reference; fiber counts may not exceed a 24-hour average public exposure concentration greater than or equal to 0.020 fibers per cubic centimeter of air; and  
				(ii) a personal air monitoring test documenting the presence or absence of airborne fibers from naturally occurring asbestos; the personal air monitoring test must use the test method prescribed in Asbestos and Other Fibers by PCM (7400) (NIOSH 7400), adopted by reference in (i) of this subparagraph; the worker permissible exposure limit (PEL) may not exceed an eight-hour time weighted average full-shift airborne concentration of 0.1 fibers per cubic centimeter of air, and may not exceed one fiber per cubic centimeter of air as averaged over a sampling period of 30 minutes; and  
			(E) a description of public notification to be made during the construction phase regarding use of material containing naturally occurring asbestos; the description must include a description of proposed signage to be placed near the project area during construction;  
		(9) a dust control plan (DCP) for construction activities; the plan must include plans to prevent visible dust emission during excavation, stockpiling, transportation, or placement of material containing naturally occurring asbestos; and  
		(10) a draft monitoring and mitigation plan for the post-construction period or maintenance; the draft plan must include  
			(A) the long term monitoring and mitigation plan signed by the entity responsible for maintenance for the completed project;  
			(B) a description of operational and maintenance strategies and timelines for the entity responsible for maintenance for protecting, testing, and reconstructing covering materials over the material containing naturally occurring asbestos in the project; and  
			(C) a description of planned public notification measures for the entity responsible for maintenance to ensure the public is made aware of material containing naturally occurring asbestos in the area.  
	(d)  The applicant must submit all components of the site-specific plan not later than 60 days before ground-disturbing activities start. All components of the site-specific plan must be approved before ground-disturbing activities begin.  
	(e)  The department may request any additional information to supplement any component of a site-specific plan.  
	(f)  After the department's preliminary review of a site-specific plan, the department will consult with and seek comments from each of the following agencies regarding the draft monitoring and mitigation plan required under (c)(10) of this section:  
		(1) the Department of Environmental Conservation;  
		(2) the Department of Health and Social Services;  
		(3) the Department of Natural Resources;  
		(4) the Department of Law;  
		(5) the Department of Labor and Workforce Development.  
	(g)  The department will allow each reviewing agency listed in (f) of this section 10 working days after receipt of the draft monitoring and mitigation plan to review the draft monitoring and mitigation plan with regard to human health concerns arising out of gravel or other aggregate material containing naturally occurring asbestos. A reviewing agency may recommend approval of, disapproval of, or modification to the draft monitoring and mitigation plan. Upon agency request, the department may grant an additional 10 working days to review the draft monitoring and mitigation plan. In this subsection, "working day" means a day other than Saturday, Sunday, or a state holiday.  
	(h)  The department will incorporate into the final monitoring and mitigation plan each reviewing agency's recommendations to address human health concerns arising out of gravel or other aggregate material containing naturally occurring asbestos.  
	(i)  The department will issue a written determination approving or disapproving the site-specific plan.  
	(j)  After approving a site-specific plan, the department will  
		(1) provide a copy of the approved site-specific plan, including the approved final monitoring and mitigation plan, to  
			(A) the applicant; and  
			(B) the mayor of the municipality, or to the municipal or community executive, if applicable; and  
		(2) require the applicant to submit all asbestos-related data collected during construction to the department.  
	(k)  At any time the applicant submitting the site-specific plan may request revision of any component of the site-specific plan previously approved under (i) of this section. To request a revision, the applicant must submit the proposed changes for the department's approval along with a cover letter as specified under (a)(3) of this section. The applicant submitting revisions to a site-specific plan previously approved under (i) of this section must submit all revised components of the site-specific plan not later than 60 days before proceeding under the terms of the revised site-specific plan. If without the written approval of the department under this subsection a contractor or project owner makes, institutes, or implements a revision to a site-specific plan previously approved under (i) of this section, the revision voids the previous approval of that site-specific plan.  
	(l)  The applicant shall submit the final monitoring and mitigation plan not later than 120 days after construction is completed. The final monitoring and mitigation plan must include the monitoring and mitigation plan as modified under (h) of this section, supplemented by as-built plans identifying the final locations for material containing naturally occurring asbestos and the cover or sealing material used.  
	(m)  The applicant shall submit construction monitoring records not later than 120 days after construction is complete.  
	(n)  The contractor shall comply with the recordation and notification requirements of AS 44.42.410(g).  
	(o)  The department will permanently retain  
		(1) each approved site-specific plan, whether submitted to or produced by the department; and  
		(2) all associated documentation.  

Authorities

09.65.245;44.42.030;44.42.410;44.42.420;44.42.430

Notes

Reference

17 AAC 97.030
17 AAC 97.050

Authority

AS 09.65.245 AS 44.42.030 AS 44.42.410 AS 44.42.420 AS 44.42.430 Editor's note: A copy of Sampling and Evaluating Airborne Asbestos Dust (582) (NIOSH 582),adopted by reference in 17 AAC 97.040 may be obtained through the United States Department of Commerce, National Technical Information Service website at http://www.ntis.gov/, by searching the National Technical Reports Library for publication PB89184568. A copy of Asbestos and Other Fibers by PCM (7400) (NIOSH 7400), adopted by reference in 17 AAC 97.040, may be obtained by writing to the Centers for Disease Control and Prevention, 1600 Clifton Road, Atlanta, GA 30333. An electronic copy may be viewed through the Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health website at http://www.cdc.gov/niosh/ docs/2003-154/pdfs/7400. pdf.

History

Eff. 6/13/2015, Register 214

References

17.97.040