Current through March 20, 2024
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 4-21.5-3-7; IC 13-15; IC 13-17
Sec. 4.
(a) The
owner or operator of a demolition or renovation activity to whom this section
applies shall comply with the applicable emission control procedures in this
section.
(b) The owner or operator
shall remove all RACM from a facility being demolished or renovated before any
activity begins that would break up, dislodge, or similarly disturb the
material or preclude access to the material for subsequent removal. RACM need
not be removed before demolition if the RACM meets any one (1) of the following
requirements:
(1) It is Category I nonfriable
ACM that:
(A) is not in poor
condition;
(B) is not friable;
and
(C) will not become friable
during demolition.
(2)
It is on a facility component that is:
(A)
encased in concrete or other similarly hard material; and
(B) adequately wet whenever exposed during
demolition.
(3) It was
not accessible for testing and not discovered until after demolition began and,
as a result of the demolition, the material cannot be safely removed. If not
removed for safety reasons, the exposed RACM and any asbestos-contaminated
debris must be:
(A) treated as
asbestos-containing waste material; and
(B) adequately wet at all times until
properly disposed of at an active waste disposal site operated in accordance
with the requirements of
40
CFR 61.150 * and
329 IAC
10-8.2-4.
(4) It is Category II nonfriable ACM and the
probability is low that the materials will become crumbled, pulverized, or
reduced to powder during demolition.
(c) When a facility component that contains,
is covered with, or is coated with RACM is taken out of the facility as a unit
or in sections, the following requirements apply:
(1) All RACM exposed during cutting or
disjoining operations must be adequately wet.
(2) Each unit or section must be carefully
lowered to the floor and to ground level, not dropping, throwing, sliding, or
otherwise damaging or disturbing the RACM.
(3) After a facility component has been taken
out of the facility as a unit or in sections, it must be stripped or contained
in leak-tight wrapping, except as described in subsection (e). If stripped, one
(1) of the following must be performed:
(A)
Adequately wet RACM during stripping.
(B) Use a local exhaust ventilation and
collection system designed and operated to capture the particulate asbestos
material produced by the stripping. The system must exhibit no visible
emissions to the outside air and be designed and operated in accordance with
the requirements in
40
CFR 61.152 *.
(d) When RACM is stripped from a facility
component while it remains in place in the facility, the RACM must be
adequately wet during the stripping operation. In renovation operations,
wetting is not required if the following occur:
(1) The owner or operator has obtained prior
written approval from the department based on a written application indicating
that wetting to comply with this subsection would unavoidably damage equipment
or present a safety hazard.
(2) The
owner or operator uses one (1) or more of the following emission control
methods:
(A) A local exhaust ventilation and
collection system designed and operated to capture the particulate asbestos
material produced by the stripping and removal of the asbestos materials. The
system must exhibit no visible emissions to the outside air and be designed and
operated in accordance with the requirements in
40
CFR 61.152 *.
(B) A glove bag system designed and operated
to contain the particulate asbestos material produced by the stripping of the
asbestos materials.
(C) Leak-tight
wrapping to contain all RACM prior to removal.
(3) In renovation operations where wetting
would result in equipment damage or a safety hazard and the methods in
subdivision (2) cannot be used, another method may be used after obtaining
written approval from the department based upon a determination that the method
is equivalent to wetting in controlling emissions or to the methods in
subdivision (2).
(4) A copy of the
department's written approval must be kept at the work site and made available
for inspection.
(5) Denial by the
department of prior written approval referenced in this subsection may be
appealed under IC 4-21.5-3-7.
(e) For large facility components, such as
reactor vessels, large tanks, and steam generators, but not beams, that must be
handled in accordance with subsections (c) and (d), the RACM is not required to
be stripped if the following requirements are met:
(1) The component is removed, transported,
stored, disposed of, or reused without disturbing or damaging the
RACM.
(2) The component is encased
in a leak-tight wrapping.
(3) The
leak-tight wrapping is labeled according to
40 CFR
61.149(d)(1) * during all
loading and unloading operations and during storage.
(f) For all RACM, including material that has
been removed or stripped, the following requirements must be met:
(1) The material must:
(A) be adequately wet;
(B) remain wet until collected and contained
or treated for disposal;
(C) be
disposed of in accordance with
40
CFR 61.150 * and
329 IAC
10-8.2-4; and
(D) be adequately wet throughout all stages
of disposal.
(2) The
materials must be carefully lowered to the ground and floor, not dropping,
throwing, sliding, or otherwise damaging or disturbing the material.
(3) The material must be transported to the
ground via leak-tight chutes or containers if it has been removed or stripped
more than fifty (50) feet above ground level and was not removed as units or in
sections.
(4) RACM contained in
leak-tight wrapping that has been removed in accordance with subsection (c)(3),
(d)(2)(C), or (g)(2)(B)(iii) need not be wetted.
(g) When the temperature at the point of
wetting is below zero (0) degrees Celsius (thirty-two (32) degrees Fahrenheit),
the owner or operator must proceed with both of the following:
(1) Remove facility components containing,
coated with, or covered with RACM as units or in sections to the maximum extent
possible.
(2) During periods when
wetting operations are suspended due to freezing temperatures, the following
requirements must be met:
(A) Record the
temperature in the area containing the facility components at the beginning,
middle, and end of each workday and keep daily temperature records available
for inspection by the department at the demolition or renovation site and
retain the temperature records for at least two (2) years.
(B) Use one (1) or more of the following
emission control methods:
(i) A local exhaust
ventilation and collection system designed and operated to capture the
particulate asbestos material produced by the stripping and removal of the
asbestos materials. The system must exhibit no visible emissions to the outside
air and be designed and operated in accordance with the requirements in
40
CFR 61.152 *.
(ii) A glove bag system designed and operated
to contain the particulate asbestos material produced by the stripping of the
asbestos materials.
(iii)
Leak-tight wrapping to contain all RACM prior to removal.
(h) For facilities
described in section 1(c) of this rule undergoing an ordered demolition,
adequately wet the portion of the facility that contains RACM and suspect RACM
during the wrecking cleanup, disposal, and related handling
operations.
(i) Upon completion of
stripping and removal operations for a demolition operation described in
section 1(b) of this rule and a renovation operation described in section 1(d)
through 1(g) of this rule, collect visible contamination of asbestos by
employing one (1) or both of the following cleaning procedures:
(1) Vacuum all surfaces in the work area
using a vacuum equipped with a HEPA filter and remove all standing
water.
(2) Wet wipe or wet mop all
surfaces in the work area and remove all standing water.
(j) Upon completion of the cleanup
requirements identified in subsection (i), prior to the removal of the warning
signs or other demarcation of the work area, an Indiana-licensed project
supervisor shall perform a final visual inspection of the work area for visible
suspect RACM debris as follows:
(1) If visible
suspect RACM debris is discovered, then the requirements of subsection (i) must
be repeated until all visible suspect RACM debris has been removed.
(2) Upon completion of the visual inspection
and requirements of subdivision (1), if applicable, the project supervisor
shall certify in writing that the final visual inspection was completed and the
work area is free of all visible suspect asbestos debris.
(3) The certification must:
(A) include the date of the final visual
inspection, the location of the asbestos removal project, and the licensed
project supervisor's signature;
(B)
be retained by the asbestos abatement contractor for a period of at least three
(3) years from the date of the final visual inspection;
(C) be made available upon request from the
department; and
(D) be copied and
the copy sent to the building owner.
(k) For any RACM or suspect RACM, the
following requirements must be met:
(1) Any
stripped, disturbed, or removed friable asbestos materials, including material
that is in a leak-tight wrapping and left at a facility or stored elsewhere
prior to disposal, must be securely stored as follows:
(A) The material must be stored:
(i) in a manner that restricts access by
unauthorized persons to the material; and
(ii) in locked containers, rooms, trucks, or
trailers.
(B) Asbestos
warning signs or labels must be prominently displayed:
(i) on the door of the locked containers,
rooms, trucks, or trailers; and
(ii) in all areas where asbestos is
stored.
(C) If secure
areas are not available, other security measures must be employed, including
the use of barriers, security guards, or other measures approved by the
department.
(2) If an
ongoing asbestos project is interrupted for any nonemergency situation, the
following apply:
(A) All RACM that was
disturbed, stripped, or removed must be:
(i)
adequately wet;
(ii) placed into
leak-tight wrapping; and
(iii)
stored in a manner consistent with subdivision (1).
(B) If the RACM that was stripped, disturbed,
or removed is not, or cannot be, collected and placed into leak-tight wrapping
and stored during the abatement interruption, an Indiana-licensed worker or
project supervisor must remain at the job site to prevent unauthorized persons
from entering the work area.
(C)
Asbestos warning signs or labels must be posted on all entrances and exits to
the work area.
(l) If a facility is demolished by
intentional burning, all RACM, including Category I and Category II nonfriable
ACM, must be removed in accordance with this rule before burning. ACM may not
be burned.
(m) An asbestos removal
project must not be implemented at a facility regulated by this rule unless at
least one (1) Indiana-licensed project supervisor, trained in the provisions of
this rule and 40 CFR 61, Subpart M*, and the means of complying with them, is
present on-site in the work area during the asbestos removal project.
(n) An Indiana-licensed project supervisor
shall attend annual refresher training from an Indiana-approved project
supervisor course as provided for in 326 IAC 18 and 40 CFR 61, Subpart M*. The
required training must include, as a minimum, the following:
(1) Applicability.
(2) Notifications.
(3) Material identification.
(4) Control procedures for removals,
including, at least, wetting, local exhaust ventilation, negative pressure
enclosures, glove bag procedures, and HEPA filters.
(5) Waste disposal work practices.
(6) Reporting and record keeping.
(7) Asbestos hazards and worker protection.
(o) Evidence that the
training required under subsection (n) has been completed must be posted and
made available for inspection by the department at the demolition or renovation
site.
*These documents are incorporated by reference. Copies may be
obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the
Indiana Department of Environmental Management, Office of Legal Counsel,
Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
Indianapolis, Indiana 46204.
