Current through Register Vol. 48, No. 9, September 27, 2024
A.
Applicability.
The notification/application, work practice, air sampling,
clean-up and disposal requirements of this Section shall apply to each
owner/operator of a renovation asbestos project, where the combined amount of
RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed
includes at least 260 linear feet on pipes, or 160 square feet on other
facility components, or 35 cubic feet off of facility components where the area
or length could not be measured prior to abatement.
B. Notification/Application.
1. Each owner/operator of a renovation or
demolition operation to which this Section applies shall:
a. Provide the Department with written
notification/application at least ten complete working days prior to any
renovation or demolition operation, and pay all applicable project fees.
Acceptable delivery of the notification and fee payment is by U.S. Postal
Service or commercial delivery service, by hand, or by other methods deemed
acceptable by the Department.
b.
Update/revise the notification/application and pay appropriate fees as required
when any previously-notified information changes, including but not limited to,
when the amount of asbestos affected increases or decreases more than five
percent (5%), when the project start or completion date changes, when the
disposal site changes, and/or the project has been cancelled. The
owner/operator shall notify the Department by telephone and follow up in
writing as soon as possible before, but not later than, the following working
day.
c. Prior to each demolition
operation, and upon request for renovations, provide the Department with a
complete legible copy of the asbestos building inspection report.
d. Begin abatement on the start date
contained in the Department-issued asbestos project license.
e. Project designs shall be submitted at the
Department's request.
2.
When the asbestos stripping or removal operation or demolition operation
covered by this Section will begin on a date earlier than the
previously-notified start date, the owner/operator shall provide the Department
with written notification/application of the new start date at least ten
working days before asbestos stripping or removal work will begin. The
Department may waive this requirement on a case-by-case basis, although the
owner/operator shall provide all required information in writing prior to
commencing any abatement activities.
3. The owner/operator of an asbestos
stripping or removal operation covered by this Section shall:
a. Notify the Department of the new start
date by telephone as soon as possible before, but notlater than, the original
start date, when the renovation will begin after the date contained in the
initial notification/application and in the asbestos project license issued by
the Department.
b. Provide the
Department with an updated written notice of the new start date as soon as
possible before, but not later than, the original start date. Acceptable
delivery of the updated notice is by the U.S. Postal Service or commercial
delivery service, by hand, or by other methods deemed acceptable by the
Department.
c. Provide the
Department with an updated written notice of the new completion date as soon as
possible before, but not later than, one working day following the completion
of the project when the asbestos stripping or removal operation covered by this
Section will end on a date earlier than contained in the initial notification
and in the asbestos project license issued by the Department. Acceptable
delivery of the updated notice is by the U.S. Postal Service or commercial
delivery service, by hand, or by other methods deemed acceptable by the
Department.
d. Provide the
Department with written notification/application of the new completion date as
soon as possible before, but not later than, the original completion date when
the asbestos stripping or removal operation covered by this Section will end on
a date later than contained in the initial notification/application and in the
asbestos project license issued by the Department. Acceptable delivery of the
updated notice is by the U.S. Postal Service or commercial delivery service, by
hand, or by other methods deemed acceptable by the Department.
4. The written notification
/application shall include:
a. Indication
whether the notification/application is an original, revision, or
cancellation;
b. Name, address, and
telephone number of the owner/operator;
c. Type of operation: demolition or
renovation;
d. Description of the
facility or affected part of the facility, including the square footage, number
of floors, age, and prior, present, and intended use of the facility;
e. Description of the procedures and
analytical methods used to detect the presence of ACM (regulated and
non-regulated), date of inspection, and name, address, telephone number, and
license number of the building inspector;
f. An estimate of the approximate amount of
RACM and Category II nonfriable ACM to be removed from the facility in terms of
length of pipe in linear feet; surface area in square feet on other facility
components, or volume in cubic feet, if already off facility
components;
g. Location and street
address (including building number or name and floor or room number, if
appropriate), city, county, and state of the facility being demolished or
renovated;
h. Scheduled starting
and completion dates of asbestos renovation or demolition;
i. Description of planned renovation or
demolition work to be performed, emission control measure(s) to be employed,
and a description of the affected facility or facility components;
j. Description of the engineering controls
and procedures to be used to comply with the work practice requirements of this
regulation;
k. Name and location of
the waste disposal site where the regulated asbestos-containing waste material
will be deposited. Regulated asbestos-containing waste must be deposited into a
landfill approved or permitted to accept asbestos waste;
l. Description of procedures to be followed
in the event that unexpected RACM is found or Category I or II nonfriable ACM
becomes regulated;
m. Name,
address, and telephone number of the waste transporter; and
n. Printed name and signature of the asbestos
owner/operator submitting the notification, and date signed.
5. A complete
notification/application shall contain all of the above information and shall
be reported on a form similar to the one found in 40 CFR Part 61, Subpart M, as
amended, and any subsequent amendments and editions.
C. Work Practice Requirements.
1. Preparation.
a. Prior to beginning removal, each
owner/operator engaged in a renovation project subject to this Section shall:
(1) Define the work area using barrier tape
and danger signs in accordance with the following or OSHA
29 CFR
1926.1101, as amended, and any subsequent
amendments and editions, if more stringent:
(a) Warning signs and tape that clearly
separate the regulated area shall be provided and displayed at each location
where a regulated area is required to be established by this Section. Signs
shall be posted at a distance from the regulated area such that an employee may
read the signs and take necessary protective steps before entering the area
marked by the signs.
(b) The
warning signs required by this Section shall bear the following information:
DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
(2) Shut down, lock, and tag out all HVAC
equipment in or passing through the work area. Seal each intake and exhaust
opening and any seam in system components with two sheets of 6-mil polyethylene
sheeting and tape.
(3) Detach and
wet clean removable electrical, heating, and ventilating equipment and other
items which may be connected to asbestos surfaces.
(4) Remove existing filters from the HVAC
system and dispose of as asbestos-contaminated waste.
(5) Seal each opening between the work area
and uncontaminated areas including windows, doorways, elevator openings,
corridor entrances, drains, ducts, electrical outlets, grills, grates,
diffusers, and skylights with a critical barrier consisting of at least two
independent sheets of 6-mil or thicker polyethylene sheeting secured in place.
These critical barriers must be maintained leak-tight for the duration of
asbestos abatement.
(6) Thoroughly
clean and remove all movable objects from the work area.
(7) Thoroughly clean, then cover and secure
each non-movable object in the work area with at least one sheet of 4-mil or
thicker polyethylene sheeting.
(8)
Use polyethylene sheeting to isolate contaminated from uncontaminated areas,
and ensure the sheeting is attached securely in place and properly maintained
at all times.
(9) Prevent
contamination of carpet with ACM, or dispose of the carpet as
asbestos-contaminated waste.
(10)
Cover floors not being abated with at least two layers of 6-mil or thicker
polyethylene sheeting. Floor sheeting shall be installed first and shall extend
at least 12 inches up the walls and be taped into place. No seams shall be
located at wall/floor joints. Spray-applied polyethylene coating shall not be
used.
(11) Cover walls and ceilings
not being abated with at least one sheet of 4-mil or thicker polyethylene
sheeting. Wall sheeting shall be installed to minimize joints and shall extend
at least six inches beyond wall/floor joint and be taped into place. Ceiling
sheeting shall extend at least 12 inches down the wall and be sized and taped
into place. No seams shall be located at wall/ceiling or wall/wall
joints.
(12) Construct a
decontamination enclosure system adjoining the contained work area. The
decontamination enclosure shall be built in a manner that will prevent
track-out of RACM, and shall consist of: a clean room equipped with appropriate
storage containers and adequate space for changing clothing; an air lock; a
shower room containing hot and cold or warm running water controllable at the
tap; and an equipment room suitable for storage of tools and
equipment.
(13) Construct a clear
viewing port measuring at least 24 inches by 24 inches in an external wall of
the contained work area to allow unobstructed observation of abatement
activities in the work area.
(14)
Operate negative pressure differential equipment with HEPA filtration
continuously from the time that barrier construction is completed through the
time that acceptable final clearance air monitoring results are
obtained.
(15) Utilize a manometer
to measure negative pressure differential and operate it in accordance with the
General Requirement Section of this regulation.
2. Removal.
Each owner/operator engaged in a renovation asbestos project
subject to this Section shall ensure that:
a. Prior to removal, all RACM is thoroughly
wet through to the substrate using amended water.
b. All RACM that has been stripped or removed
in sections or units shall be:
(1) Thoroughly
wet during stripping or removal and shall remain wet until disposed of in
accordance with this regulation and
40
CFR 61.150, as amended, and any subsequent
amendments and editions;
(2)
Carefully lowered to the ground or floor, not dropped or thrown; and
(3) When removed or stripped at an elevation
greater than 50 feet above ground level, transported to the ground via
leak-tight chutes or containers.
c. At no time shall an owner/operator allow
RACM to accumulate or become dry.
d. Structural components are thoroughly wet
prior to wrapping in polyethylene sheeting for disposal.
e. For facility components such as reactor
vessels, large tanks, and steam generators (but not beams, which must be
stripped), ACM 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 any
of the ACM;
(2) The component is
encased in leak-tight wrappings; and
(3) The leak-tight wrapping is labeled in
accordance with EPA Regulation
40 CFR
61.149(d)(1)(i),(ii),and(iii),
as amended, and any subsequent amendments and editions, during all loading,
unloading, and storage operations.
f. When double polyethylene bags of at least
6-mil thickness are used for waste, bags shall be leak-tight. Excess air shall
be removed from bags prior to sealing using a vacuum equipped with a HEPA
filtration system in accordance with OSHA regulation
29 CFR
1926.1101, as amended, and any subsequent
amendments and editions.
g. ACM
from within the work area is not permitted outside of the work area except in
sealed leak-tight containers.
h.
Any person exiting or any equipment or machinery being removed from the
contaminated work area shall be thoroughly decontaminated. If equipment or
machinery is not or cannot be thoroughly decontaminated, it shall be sealed in
leak-tight containers. No visible residue shall appear on the outside surface
of the container.
3.
Cleanup.
a. Each owner/operator engaged in a
renovation abatement project subject to this Section shall ensure that:
(1) Following abatement, a visual inspection
of the abated substrate is performed.
(2) A coating of a compatible encapsulating
agent is applied to porous surfaces that have been stripped and cleaned of ACM.
The encapsulant must be allowed to thoroughly dry prior to additional cleaning
or final air clearance.
(3) The air
sampler or the owner's representative inspects the abated area prior to final
clearance. If there is any evidence of contamination, the asbestos contractor
shall perform additional wet cleaning and HEPA vacuuming.
(4) All polyethylene sheeting, except for
critical barriers and the decontamination enclosure system, is removed and
disposed of as asbestos-contaminated waste.
(5) With only the critical barriers and
decontamination enclosure system left in place, the entire work area, including
any duct work, is wet-cleaned and HEPA vacuumed until no visible residue
remains.
(6) Areas exceeding
clearance standards are re-cleaned by the contractor using wet methods and HEPA
vacuuming. Re-cleaning, drying, and retesting shall be repeated until the
satisfactory clearance standard is achieved.
(7) Following satisfactory clearance of the
work area, remaining polyethylene critical barriers and decontamination
enclosure systems are removed and disposed of as asbestos-contaminated
waste.
(8) Portable decontamination
trailers are cleaned and polyethylene sheeting disposed of as contaminated
waste.
b.
Re-establishment of the work area shall only occur following completion of
clean-up procedures and after clearance air monitoring has been performed and
documented to the satisfaction of the air sampler or of the facility owner or
his representative.
c. Replacement
materials shall only be installed following completion of abatement. This does
not include outdoor projects subject to this regulation.
4. Disposal.
The disposal requirements of the Disposal Section of this
regulation shall apply.
D. Air Sampling and Analysis Procedures.
The background, daily, and clearance air monitoring
requirements of the Air Sampling Section of this regulation shall
apply.