§ 23-24.5-5 - Asbestos exposure standards.
SECTION 23-24.5-5
§ 23-24.5-5 Asbestos exposure standards.– (a) No owner of a structure with friable asbestos or with friable asbestiformmaterials or any person or entity owning or controlling asbestos or asbestiformproducts in a friable state shall allow any person to be exposed to asbestos orasbestiform materials in a friable condition when the exposed condition is aviolation of a provision this chapter, of a regulation issued pursuant to theauthority of this chapter, or of an abatement plan approved by the director.
(b) Prior to the effective date of an air exposure standardestablished by the director, the indoor non-occupational air exposure standardfor asbestos exposure shall be 0.01 fibers longer than five (5) micro metersper cubic centimeter (f/cc) (or three hundred (300) nanograms per cubic meter)as measured by OSHA-NIOSH phase-contrast optical microscopic methods andcalculated as an eight (8) hour time weighted average.
(c) The director is authorized to issue regulations for thefollowing purposes:
(1) To limit the sale and use of asbestos and asbestiformmaterials which the director deems to be a potential danger to the publichealth;
(2) To establish indoor environmental non-occupational airexposure standards, stated as a given number of fibers per cubic centimeter(f/cc) and calculated as an eight (8) hour time weighted average;
(3) To establish asbestos inspection and evaluation criteria;
(4) To establish criteria including air monitoring useful inranking the severity of the asbestos problem in a particular building in orderto determine the need by the owner for the submission of an abatement plan tothe director;
(5) To establish criteria for the submission of an abatementplan by the owner of a public building or a building in the high andintermediate priority groups;
(6) To establish public occupancy standards for buildingscontaining friable asbestos;
(7) To establish criteria for the registration, licensure,and certification of persons involved in asbestos abatement; and
(8) To develop educational material informing persons ofasbestos hazards in their residences.
(d) In acting on issuing the regulations pursuant tosubsection (c), the director shall take into consideration the followingguidelines:
(1) The director shall give due consideration to uniformrules and definitions with those of other states and the United States withoutendangering the public health and without lessening standards established bythis chapter;
(2) Except for their asbestos air exposure standards, thedirector shall give due consideration to the standards contained in the U.S.Environmental Protection Agency documents, Asbestos Containing Materials inSchool Buildings, a Guidance Document, Part 2 (Sawyer, R.M., Spooner, D.M.) andEPA Report no. 560/5-83-002, Guidance for Controlling Friable AsbestosContaining Materials in Buildings; and the New Jersey Asbestos PolicyCommission's Report to the Governor, March 1985;
(3) The director shall seek to minimize the risk of possibleinjury or death from the use and/or sale of asbestos or asbestiform materialsas that risk is weighted against commercial necessity and practicality inconsidering whether or not to ban or limit the future use and/or sale of thesematerials;
(4) Indoor environmental non-occupational air exposurestandards established shall only allow human exposure to friable asbestos at alevel lower than or equal to the standard established by this chapter.
(e) The director shall issue regulations regarding asbestosexposure and abatement.