Current through 2024-38, September 18, 2024
A.
Renovation and Demolition Inspections. Prior to conducting a renovation
or demolition activity that impacts any building material likely to contain
asbestos (such as those used in roofing, flooring, siding, ceiling, and wall
systems) or any component likely to contain asbestos (such as heating,
ventilation, air conditioning, and plumbing systems), the owner or operator
must have an inspection conducted for the presence of asbestos-containing
materials. In lieu of inspection, the owner or operator may presume that
building materials and components contain asbestos that requires that these
materials be abated in accordance with these rules.
A DEP-certified Asbestos Inspector must perform the
inspection. The inspection must identify all asbestos-containing materials that
could be impacted during the renovation or demolition activity, must be
completed prior to submission of notification to the Department, must be in
writing, and must be on-site and made immediately available to the Department
upon request.
Residential dwellings constructed before 1981 that consist of
two (2) to four (4) units must be evaluated for building materials and
components that are likely to contain asbestos. This evaluation may be
performed by a DEP-certified Asbestos Inspector or by a person familiar with
asbestos-containing building materials. If building materials and/or components
likely to contain asbestos are found, these must be removed in accordance with
these regulations prior to demolition except as allowed in section 7(B) of this
rule or must be tested by a DEP-certified Asbestos Inspector to demonstrate
that they are not ACM.
Single family residences, and residences constructed after
1980 that consist of two (2) to four (4) units, are exempt from the inspection
provisions of this section.
Specific building materials that do not require inspection,
sampling, and analysis for asbestos include: wood, fiberglass, glass, plastic,
metal, laminates, foam, rubber and gypsum board when joint compound was used
only as a filler and not as a layered component, and intact caulkings and
glazings. Also, building materials do not need to be inspected when written
documents exist confirming that no asbestos was used in the materials that will
be impacted, or that the materials were previously inspected by a DEP-certified
Asbestos Inspector and affirmatively determined through sampling and analysis
to not be ACM.
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Note: To maintain compliance with Maine law, if more than 3
square feet or 3 linear feet of ACM is present, this ACM must be removed prior
to the demolition, except that intact packing, gaskets, roofing, and flooring
may be left in place when the demolition is performed by large equipment in
accordance with these rules. Homeowners are encouraged to conduct a walk
through of their single family homes to identify suspect asbestos-containing
materials, such as thermal system insulation, ceiling tile, exterior
cementitious siding, rigid panels, and flooring , and hire an
asbestos-consultant or asbestos abatement contractor if suspect materials are
observed. The Department can provide, upon request, more information regarding
common asbestos-containing materials in buildings.
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B.
Inspection
Requirements. Inspection includes collecting bulk samples for analysis
and/or conducting assessments of asbestos-containing materials. Inspections
must be conducted as follows:
(1) Bulk
samples must be collected by a Department-certified Inspector as prescribed
below, in a random manner such that they are representative of each homogenous
area. Bulk samples shall be collected and analyzed for all asbestos abatement
activities unless an approved disclosure is received by the owner or owner's
agent from the operator prior to the start of the project.
(a) From Surfacing Material:
(i) 3 bulk samples from each homogenous area
and/or material that is 1,000 square feet or less;
(ii) 5 bulk samples from each homogenous area
that is greater than 1,000 square feet but less than or equal to 5000 square
feet; or
(iii) 7 bulk samples from
each homogenous area that is greater than 5,000 square feet.
(b) From Thermal System
Insulation:
(i) 3 bulk samples from each
homogenous area;
(ii) 1 bulk sample
from each homogenous area of patched thermal system insulation if the patched
section is less than 6 linear or square feet; and
(iii) Samples sufficient to determine whether
the material is ACM from each insulated mechanical system where cement is
utilized on tees, elbows, or valves.
(c) From Miscellaneous ACM:
(i) 3 samples from each miscellaneous
material; and
(ii) 1 sample if the
amount of miscellaneous material is less than 6 square or linear
feet.
(d) An asbestos
consultant may implement an alternative sampling protocol that collects more
but not less than the number of samples per homogeneous area set forth in this
section, provided the asbestos consultant has informed the building owner or
owner's agent in writing of the standard sampling protocol set forth above
prior to the sampling event. The asbestos consultant must document that the
building owner or owner's agent received information regarding the standard
sampling protocol set forth in this section by obtaining the building owner's
or owner's agent's signature on a statement acknowledging receipt of the
information before the sampling event begins.
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Note: The Department will provide asbestos consultants with
pre-approved disclosure language regarding the standard sampling
protocol.
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(2) Analysis. Bulk
samples collected pursuant to this rule must be analyzed by a
Department-licensed Asbestos Analytical Laboratory as described below.
(a) Bulk samples shall be analyzed until a
positive result is obtained or all samples have been analyzed. Reanalysis is
not required if the sample result is less than 1%.
(b) Wherever there is a suspect
asbestos-containing material and a mastic/adhesive affixed to that material,
the mastic/adhesive shall be analyzed and reported separate from the suspect
asbestos-containing material.
(c)
Analysis of suspect asbestos-containing surfacing materials, thermal system
insulation and cementitious materials.
(i)
Bulk samples of surfacing materials and thermal system insulation and
cementitious materials shall be analyzed using the PLM-EPA 600/R-93/116 visual
estimation method (1993).
(ii)
Point counting surfacing materials and thermal system insulation samples. The
asbestos consultant shall advise the building owner or owner's agent whenever
the asbestos analytical laboratory has reported friable bulk samples with an
asbestos contentof less than 10% using the standard visual estimation PLM-EPA
600/R-93/116 method. The building owner or the owner's agent may either elect
to treat the bulk material as asbestos-containing with no point counting
required, or may request that the laboratory further characterize asbestos
percentage by using a point count method. Point counting methods are as
follows:
PLM EPA/600/R-93/116 (200 Point Count);
PLM EPA/600/R-93/116 (400 Point Count); and
PLM EPA/600/R-93/116 (1000 Point Count).
(iii) Alternative analytical method for
suspectasbestos-containing surfacing materials, thermal system insulation and
cementitious materials. The asbestos consultant shall advise the building owner
or the building owner's agent whenever the asbestos analytical laboratory has
determined is it not feasible or appropriate to have bulk sample(s) ofsuspect
asbestos-containing surfacing materials, thermal system insulation and
cementitious materials analyzed using the standard visual estimation PLM-EPA
600/R-93/116 method: The building owner or the building owner's agent may then
either elect to treat the suspect bulk material(s) as asbestos-containing with
no further analysis required, or may consent to the use of an alternative
analytical method, EPA 600/R-93/116 section 2.5.5.2 (TEM % by Mass), to
determine whether the suspect bulk sample(s) is asbestos-containing.
(d) Analysis of
asbestos-containing non friable organically bound materials (NOB) Bulk samples
of non-friable organically bound materials (NOB) including but not limited to
floor tiles, asphalt shingles, caulking, glazing, mastics, coatings, sealants,
adhesives and glues shall be analyzed using PLM NOB-EPA 600/R-93/116 with
gravimetric preparation method.
(i) Point
Counting NOB samples:
The asbestos consultantshall advise the building owner
whenever the asbestos analytical laboratory has reported an NOB sample with an
asbestos content of less than 10% using PLM NOB-EPA 600/R-93/116 with
gravimetric preparation method. The building owner may either elect to treat
the NOB sample as asbestos-containing with no point counting required, or may
request that the laboratory further characterize asbestos percentage by using a
point count method. The analyst shall point count the sample residue after the
gravimetric preparation is completed and/or in accordance with the analytical
method
(ii) Alternative
analytical methods for non friable organically bound materials (NOB) samples:
The asbestos consultant shall advise the building owner
whenever the asbestos analytical laboratory has determined is it not feasible
or appropriate to have suspect bulk samples of NOB's analyzed using the
standard PLM-EPA 600/R-93/116 with gravimetric preparation:The building owner
may then either elect to treat the suspect bulk material(s) as
asbestos-containing with no further analysis required, or may consent to the
use of an alternative analytical method to determine whether the suspect bulk
sample(s) is asbestos-containing.
The alternative methods include:
TEM EPA NOB EPA/600/R-93/116b section 2.5, and
TEM Chatfield method
(e) An analytical laboratory may use TEM, or
other Department-approved analytical method, for bulk sample rather than the
standard PLM analytical method set forth in this section. Asbestos consultant
that collected the bulk samples for the building owner must document that the
building owner or owner's agent received information regarding the standard
analytical protocol set forth in this section by obtaining the building owner's
or owner's agent's signature on a statement acknowledging receipt of the
information before the sample analysis for TEM analysis begins.
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Note: The Department will provide asbestos consultants with
pre-approved language regarding standard analytical protocol disclosure.
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(f) In instances where there is a
positive and a negative sample result for the same sampled bulk material(s)
from different sampling events, the material(s) is considered to be
asbestos-containing. If a building owner elects to resolve the discrepancy
between the two analytical results by re-sampling of the material, the building
owner must either have both asbestos inspectors from the previous sampling
events present at the resampling of the material(s), or the building owner may
elect to have a third party re-sample the material(s). The building owner must
provide the third party with the inspection reports and analytical results from
the earlier sampling events before re-sampling. In either instance, split
samples shall be sent to two separate laboratories for re-analysis using an
agreed upon analytical method; any sample/material testing positive by either
laboratory is positive for asbestos.
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Note: Other Analytical Methods for Non-Regulated Materials
and Media. Sampling and analysis of non-regulated materials and media including
but not limited to, water, dust, rock, soil, minerals and asbestos-contaminated
products such as vermiculite, may be appropriate to determine the presence of
asbestos fibers in the material or medium and to assist in determining
appropriate work practices and the scope of any clean-up activities of these
non-regulated materials and media. Current state-of-the-art analytical methods
include:
(a) Analysis of water samples
for asbestos:
EPA method 100.2 analytical method.
(b) Analysis of dust samples for asbestos:
EPA 600/R-93/116;
ASTM D-5755;
ASTM D-6480.
(c) Analysis of rock, soil and mineral such
as vermiculite samples for asbestos:
CARB 435 Level A-C; (preferred method)
EPA 600/R-93/116;
EPA-600/M4-82-020; (40 CFR Appendix A to subpart E)
Region I SOP:EIA-INGASED3.SOP; (3/9/05)
EPA 600/R-04/044 (PLM and TEM).
Asbestos-containing bulk materials co-mingled in
soils:
There are instances where there is visible
bulkasbestos-containing materials that get co-mingled with soil. For
example,asbestos-containing thermal system insulation in crawl spaces will fall
off the piping onto the bare soil below. Similarly, there are instances where
other asbestos-containing materials becomes co-mingled in soils such
asasbestos-containing bulk materials that are buried or disposed of in a manner
or location that is in violationDepartment or other applicable regulatory
standard such as NESHAP; the removal of greater than 3 (three) square feet of
visible asbestos-containing bulk materialco-mingled in soils is an activity
that is regulated under this rule.
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C.
Design. Asbestos abatement
activities, exclusive of asbestos associated activities, are subject to the
project design requirements specified below. The Asbestos Abatement Design
Consultant responsible for the design of record (latest version) must ensure
that the design is consistent with the requirements of this rule. The design
must be completed prior to the start of the activity. Any change to the
original project design must be approved in writing by an Asbestos Abatement
Design Consultant. The project design must contain the following at a minimum:
(1) Project drawings, including ACM location
and quantity, location of regulated area, ventilation system, decontamination
facility, and, where applicable, the waste load-out unit;
(2) An air monitoring plan developed in
accordance with the requirements of section 8, and including the number of air
clearance samples included in the project contract;
(3) A description of work practice methods to
be used;
(4) A description of
personnel decontamination methods and sequences;
(1) Documentation of any non-standard work
practices including documentation of the notification to theasbestos design
consultant who prepared the original project design for the project of any
non-standard work practice requests submitted to theDepartment;
(2) If bulk sampling and/or project
monitoring will not be performed, copies of the appropriate disclosures, as
developed by the Department;
(3)
The name, certification number, and signature of the Asbestos Abatement Design
Consultant responsible for the design;
(4) The function(s) and respective areas of
responsibility for certified personnel and licensed companies involved in the
project; and
(5) A description and
scope of work for pre-cleaning any existing asbestos-containing debris within
the boundaries of the regulated area, as defined by the design.
D.
Disclosures
(1) Prior to agreeing to
perform an asbestos associated activity, an asbestos consultant firm must
provide to the facility owner or agent a disclosure form approved by the
Department listing all asbestos abatement contractor firms with which the
asbestos consultant does not have an independent business
relationship.
(2) Prior to the
start of the asbestos abatement activity, if any materials are presumed to
contain asbestos the asbestos abatement contractor or the asbestos abatement
design consultant (as determined by the design requirements) must provide the
building owner or building owner's agent with a bulk sampling disclosure
listing which materials identified for abatement have not been sampled and the
cost of sampling those materials. Also prior to the start of the asbestos
abatement activity, the asbestos abatement contractor or the asbestos abatement
design consultant (as determined by the design requirements) must provide the
building owner or building owner's agent with a project monitoring disclosure
form discussing the advantages of project monitoring, including project
management and/or area sampling, by an asbestos consultant firm with an
independent business relationship with the entity performing the abatement. The
bulk sampling disclosure and the project monitoring disclosure forms must be
approved by the Department before they may be provided to the building owner or
building owner's agent. Operators must document that the building owner or
owner's agent received the disclosure(s) by obtaining the building owner's or
owner's agent's signature on a statement acknowledging receipt.
Disclosures may be submitted to the owner or owner's agent on
an annual basis for facilities with on-going asbestos abatement
activities.
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Note: The Department will provide asbestos abatement
contractors and asbestos abatement design consultants with pre-approved
language for the bulk sampling disclosure and the project monitoring
disclosure.
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