(1) The commission has the following powers and duties:
(a) To promulgate rules pursuant to section 24-4-103, C.R.S., regarding the following, as are necessary to implement the provisions of this part 5 only for areas of public access:
Performance standards and practices for asbestos abatement which are not more stringent than 29 CFR 1910.1001 and 1926.1101;
(A) Determination of a maximum allowable asbestos level, which shall be the highest level of airborne asbestos under normal conditions that allows for protection of the general public; except that, until the commission adopts by rule a level, the maximum allowable asbestos level for the protection of the general public shall be 0.01 fibers per cubic centimeter of air, measured during normal occupancy and calculated as an eight-hour time-weighted average, in accord with 29 CFR 1910.1000 (d)(1)(i).
If airborne asbestos fiber levels exceed such a level, a second test of samples may becollected during normal occupancy, analyzed by transmission electron microscopy (TEM) analysis, and calculated as an eight-hour time-weighted average in accord with 29 CFR 1910.1000 (d)(1)(i), before any order of abatement is issued.
Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (II), ifthe asbestos level in the outside ambient air which is adjacent to an asbestos project site or area of public access exceeds 0.01 fibers per cubic centimeter of air, the existing asbestos level in such air shall be the maximum allowable asbestos level.
Exemptions in emergency situations from the requirements of section 25-7-505 regarding the certificate to perform asbestos abatement;
Requirements for air pollution permits. Permits shall be required for asbestos abatement projects in any building, facility, or structure, or any portion thereof, having public access; except that the requirements of this subparagraph (IV) shall not apply to asbestos abatement projects performed by an individual on a single-family residential dwelling.
Fees for air pollution permits, site inspections, and any necessary monitoring forcompliance with this part 5;
Fees for certification as a trained supervisor;
Fees for certification which is required under federal law to engage in the inspection of schools, the preparation of asbestos management plans for schools, and the performance of asbestos abatement services for schools;
Fees for a certificate to perform asbestos abatement;
Assessment procedures which determine the need for response actions for friableasbestos-containing materials. Such procedures shall include, but not be limited to, visual inspection and air monitoring which shows an airborne concentration of asbestos during normal occupancy conditions in excess of the maximum allowable level established by the commission in state-owned or state-leased buildings. Nothing in this subparagraph (IX) shall be construed to require that such assessments be made in state-owned or state-leased buildings; however, such procedures shall be followed in the event any such assessment is made.
Requirements for asbestos management plans to be submitted and implemented byschools;
Fees to be collected from schools for review and evaluation of asbestos management plans;
(b) To promulgate rules pursuant to section 24-4-103, C.R.S., regarding the following, as are necessary to implement the provisions of this part 5, as required by the federal "Clean Air Act", 42 U.S.C. sec. 7412 et seq., as amended:
(I) Determination of the minimum scope of asbestos abatement to which the provisions of this part 5 shall apply, but not less than:
With regard to asbestos abatement projects on a single-family residential dwelling,fifty linear feet on pipes or thirty-two square feet on other materials or the equivalent of a fiftyfive-gallon drum;
With regard to asbestos abatement projects not subject to sub-subparagraph (A) ofthis subparagraph (I), two hundred sixty linear feet on pipes or one hundred sixty square feet on other materials or the equivalent of a fifty-five-gallon drum;
Requirements of notification, as consistent with the federal act, to demolish, renovate, or perform asbestos abatement in any building, structure, facility, or installation, or any portion thereof, which contains asbestos, except within such minimum scope of asbestos abatement or when otherwise exempt;
(A) Procedures for the inspection and monitoring of sites where demolition, renovation, or the performance of asbestos abatement is taking place, including rules assuring that aggressive air monitoring shall be utilized only in the context of conducting final clearance of an abatement project as outlined in the federal "Asbestos Hazardous Emergency Response Act of 1986", 42 U.S.C. sec. 2641 et seq., and pursuant to the regulations found at 40 CFR 763. Specifications as listed in "measuring airborne asbestos following an abatement action", published by the environmental protection agency in 1985, shall be adopted by the commission as criteria for aggressive sampling.
(B) The division shall provide information to local governments to be used in connection with the issuance of a building permit regarding the need for an inspection for the presence of asbestos-containing materials prior to renovation or demolition of any building, structure, facility, or installation that may contain asbestos.
(IV) (A) Fees for notifications to demolish, renovate, or perform asbestos abatement and for any associated site inspections or necessary monitoring for compliance with this part 5.
(B) Fees pursuant to this subparagraph (IV) shall be paid on an annual basis for large contiguous facility complexes and on an individual notification basis for small noncontiguous facilities.
(V) Requirements to prevent any real or potential conflict of interest between the identification of asbestos-containing materials and the abatement of such materials, including requirements that project managers be used on projects of a certain size, that project managers be independent of the abatement contractor and work strictly on behalf of the building owner to the extent feasible, and that building owners may seek waivers from the project manager requirements.
(c) To approve the examination administered to applicants for certification as a trained supervisor pursuant to section 25-7-506; (d) To authorize the division to:
Establish procedures regarding applications, examinations, and certifications requiredunder this part 5;
Enforce compliance with the provisions of this part 5, the rules and regulations promulgated thereunder, and any order issued pursuant thereto.
To promulgate rules setting minimum standards for sampling the asbestos in the airand standards for persons engaging in such sampling and to seek injunctive relief under section 25-7-511.5, including relief against any asbestos air sampler who acts beyond his or her level of competency. In promulgating rules setting such standards, the commission shall not use the term "air sampling professional" in such standards.
(I) To adopt rules pursuant to section 24-4-103, C.R.S., setting out required trainingfor persons applying for certification, recertification, or renewal of certificates as required by regulations promulgated by the federal environmental protection agency or the occupational safety and health administration.
Training required pursuant to this paragraph (f) shall not be unduly duplicative orexcessive.
Refresher courses shall be required annually.
(2) Notwithstanding any other provisions of this section to the contrary, neither the commission nor the division shall have the authority to enforce standards more restrictive than the federal standards set forth in the "Occupational Safety and Health Act", on asbestos abatement projects which are subject to such federal standards; except that, nothing in this subsection (2) shall be construed to prevent the application and enforcement of the maximum allowable asbestos level prescribed in subparagraph (II) of paragraph (a) of subsection (1) of this section as a clearance level and a condition of reentry by the general public upon completion of the project.
Source: L. 87: Entire part R&RE, p. 1147, § 1, effective July 1. L. 88: (1)(a)(II) and
(1)(b)(III) amended, (1)(a)(IX) R&RE, and (2) added, p. 1017, §§ 4, 3, effective June 11. L. 90: (1)(e) added, p. 1320, § 2, effective May 24. L. 92: (1)(b)(I) amended, p. 1231, § 35, effective July 1. L. 95: (1)(b) amended and (1)(f) added, p. 20, § 2, effective July 1. L. 2001: (1)(a)(IV), (1)(b)(I), and (1)(b)(III) amended, p. 772, § 5, effective June 1. L. 2006: IP(1)(a), (1)(a)(II)(A), (1)(a)(II)(B), IP(1)(b), (1)(b)(V), and (1)(e) amended, p. 123, § 6, effective March 27. L. 2020:
(1)(a)(I) amended, (HB 20-1402), ch. 216, p. 1055, § 58, effective June 30.
Editor's note: This section is similar to former § 25-7-504 as it existed prior to 1987.