§ 30:2344 — Rules and regulations

A. The secretary shall promulgate all rules and regulations necessary for the implementation of the provisions of this Chapter no later than December 31, 1985. The secretary shall seek the input of local educational agencies in the development of the rules and regulations.
B. The department shall promulgate specific rules and regulations governing:
(1) Procedures and requirements for certification of contractors involved in asbestos abatement activities.
(2) Objective standards to determine levels of airborne asbestos fiber concentration in school buildings above which requirements for priority abatement will be triggered.
(3) Air monitoring requirements for asbestos concentrations due to friable asbestos-containing materials in schools.
(4) Any other activities authorized by this Chapter.
(5) With respect to local education agencies, any rules or regulations by the department regarding the training of maintenance and custodial staff who may work in a building that contains asbestos-containing building material shall not exceed or be more stringent than regulations promulgated by the United States Environmental Protection Agency.
C. In acting on rules and regulations, the department shall take into consideration the following:
(1) The department shall set exposure levels taking into account technologically and economically feasible monitoring methods and control procedures.
(2) The department shall base rules and regulations upon the best and most current scientific and medical data.
(3) Without endangering the public health, the department shall give due consideration to uniform rules and definitions of other states and of the United States.
D. Abatement activities shall be commenced as soon as rules and regulations concerning abatement are promulgated by the Department of Environmental Quality, in accordance with the Administrative Procedure Act.
E. The building owner shall select the method of abatement to be used from those set forth in R.S. 30:2343(1) or as provided in the rules and regulations adopted pursuant to this Chapter. Any method selected must be used in the manner that such rules and regulations require.
F. No school, which has commenced abatement work at a particular site prior to the effective date of regulations or standards adopted or imposed pursuant to this Chapter, shall be required to conduct a different type of abatement at the same site unless levels of airborne asbestos fibers exceed an abatement action level established by the regulations adopted pursuant to this Chapter which are applicable to all school buildings.

Legislative History

Acts 1985, No. 394, §1, eff. July 10, 1985; Acts 1986, No. 1069, §1; Acts 1992, No. 608, §1; Acts 2010, No. 295, §1.