(a) Applicability. To determine which requirements of subsections (a), (b) and (c) hereof apply to the owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM. The requirements of subsections (b) and (c) hereof apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows:
(1) In a facility being demolished, all the requirements of subsections (b) and (c) hereof apply, except as provided in subsection (a)(3) hereof, if the combined amount of RACM is:
A. At least 15.24 linear meters (fifty linear feet) on pipes or at least 4.65 square meters (fifty square feet) on other facility components, or
B. At least .06 cubic meter (two cubic feet) off facility components where the length or area could not be measured previously.
(2) In a facility being demolished, only the notification requirements of subsection (b)(1), (2), (3) A. and D., and (4) A. through G. and (4) I. and P. hereof apply. If the combined amount of RACM is:
A. Less than 15.24 linear meters (fifty linear feet) on pipes less than 4.65 square meters (fifty square feet) on other facility components, and
B. Less than .06 cubic meter (two cubic feet) off facility components where the length or area could not be measured previously or there is no asbestos.
(3) If the facility is being demolished under an order of a state or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, only the requirements of subsections (b)(1), (b)(2), (b)(3) C., (b)(4) [except (b)(4) H.], (b)(5) and (c)(4) through (c)(9) hereof apply.
(4) In a facility being renovated, including any individual nonscheduled renovation operation, all the requirements of subsections (b) and (c) hereof apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled or similarly disturbed is:
A. At least 15.24 linear meters (fifty linear feet) on pipes or at least 4.65 square meters (fifty square feet) on other facility components, or
B. At least .06 cubic meter (two cubic feet) off facility components where the length or area could not be measured previously.
C. To determine whether subsection (a)(4) hereof applies to planned renovation operations involving individual nonscheduled operations, predict the combined additive amount of RACM to be removed or stripped during a calendar year of January 1 through December 31.
D. To determine whether subsection (a)(4) hereof applies to emergency renovation operations, estimate the combined amount of RACM to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation.
(b) Notification requirements.
Each owner or operator of a demolition or renovation activity to which this section applies shall:
(1) Provide the Commissioner with written notice of intention to demolish or renovate. Delivery of the notice by U.S. Postal Service, commercial delivery service or hand delivery is acceptable.
(2) Update the notice, as necessary, including when the amount of asbestos affected changes by at least twenty percent (20%).
(3) Postmark or deliver the notice as follows:
A. At least ten working days before asbestos stripping or removal work or any other activity begins (such as site preparation that would break up, dislodge or similarly disturb asbestos material), if the operation is described in subsections (a)(1) and (4) hereof (except subsections (a)(4) C. and (a)(4) D. hereof). If the operation is as described in subsection (a)(2) hereof, notification is required ten working days before demolition begins.
B. At least ten working days before the end of the calendar year preceding the year for which notice is being given for renovations described in subsection (a)(4) C. hereof.
C. As early as possible before but not later than the following working day if the operation is a demolition ordered according to subsection (a)(3) hereof or if the operation is a renovation described in subsection (a)(4) D. hereof.
D. For asbestos stripping or removal work in a demolition or renovation operation described in subsections (a)(1) and (4) hereof (except subsections (a)(4) C. and (a)(4) D. hereof) and for a demolition described in subsection (a)(2) hereof that will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Commissioner as follows:
1. When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin after the date contained in the notice:
a. Notify the Commissioner of the new start date by telephone as soon as possible before the original start date, and
b. Provide the Commissioner with a written notice of the new start date as soon as possible before, and no later than, the original start date. Delivery of the updated notice by the U.S. Postal Service, commercial delivery service or hand delivery is acceptable.
2. When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin on a date earlier than the original start date:
a. Provide the Commissioner with a written notice of the new start date at least ten working days before asbestos stripping or removal work begins.
b. For demolitions covered by subsection (a)(2) hereof, provide the Commissioner written notice of a new start date at least ten working days before commencement of demolition. Delivery of updated notice by U.S. Postal Service, commercial delivery service or hand delivery is acceptable.
3. In no event shall an operation covered by this paragraph begin on a date other than the date contained in the written notice of the new start date.
(4) Include the following in the notice:
A. An indication of whether the notice is the original or a revised notification.
B. Name, address and telephone number of both the facility owner and operator and the asbestos removal contractor owner or operator.
C. Type of operation: demolition or renovation.
D. Description of the facility or affected part of the facility including the size (square meters [square feet] and number of floors), age and present and prior use of the facility.
E. Procedure, including analytical methods, employed to detect the presence of RACM and Category I and Category II nonfriable ACM.
F. Estimate of the approximate amount of RACM to be removed from the facility in terms of length of pipe in linear meters (linear feet), surface area in square meters (square feet) on other facility components or volume in cubic meters (cubic feet) if off the facility components. Also, estimate the approximate amount of Category I and Category II nonfriable ACM in the affected part of the facility that will not be removed before demolition.
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 removal work (or any other activity, such as site preparation that would break up, dislodge or similarly disturb asbestos material) in a demolition or renovation; planned renovation operations involving individual nonscheduled operations shall only include the beginning and ending dates of the report period as described in subsection (a)(4) C. hereof.
I. Scheduled starting and completion dates of demolition or renovation.
J. Description of planned demolition or renovation work to be performed and method(s) to be employed, including demolition or renovation techniques to be used and description of affected facility components.
K. Description of work practices and engineering controls to be used to comply with the requirements of this subpart, including asbestos removal and waste-handling emission control procedures.
L. Name and location of the waste disposal site where the asbestos-containing waste material will be deposited.
M. A certification that at least one person trained as required by subsection (c)(8) hereof will supervise the stripping and removal described by this notification.
N. For facilities described in subsection (a)(3) hereof, the name, title and authority of the state or local government representative who has ordered the demolition, the date that the order was issued and the date on which the demolition was ordered to begin. A copy of the order shall be attached to the notification.
O. For emergency renovations described in subsection (a)(4) D. hereof, the date and hour that the emergency occurred, a description of the sudden, unexpected event, and an explanation of how the event caused an unsafe condition or would cause equipment damage or an unreasonable financial burden.
P. Description of procedures to be followed in the event that unexpected RACM is found or Category II nonfriable ACM becomes crumbled, pulverized or reduced to powder.
Q. Name, address and telephone number of the waste transporter.
(5) The information required in subsection (b)(4) hereof must be reported using a form similar to that shown in Figure 3.
(6) Notification fees:
Each notification shall be accompanied by the appropriate fee;
A. For less than ten units (500 linear feet or 500 square feet or twenty cubic feet) the fee is fifty dollars ($50.00).
B. For each additional fifteen units (750 linear feet or 750 square feet or thirty cubic feet) add fifty dollars ($50.00).
C. For each notification revision not adding more RACM the fee is twenty-five dollars ($25.00).
D. For all other revisions, the base fee is twenty-five dollars ($25.00) plus five dollars ($5.00) per additional unit (fifty linear feet or fifty square feet or two cubic feet).
(c) Procedures for asbestos emission control. Each owner or operator of a demolition or renovation activity to whom this paragraph applies, according to subsection (a) hereof, shall comply with the following procedures:
(1) 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:
A. It is a Category I nonfriable ACM that is not in poor condition and is not friable.
B. It is on a facility component that is encased in concrete or other similarly hard material and is adequately wet whenever exposed during demolition; or
C. It was not accessible for testing and was, therefore, 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 treated as asbestos-containing waste material and adequately wet at all times until disposed of.
D. It is Category II nonfriable ACM and the probability is low that the material will become crumbled, pulverized or reduced to powder during demolition.
(2) When a facility component that contains, is covered with, or is coated with RACM is being taken out of the facility as a unit or in sections:
A. Adequately wet RACM exposed during cutting or disjoining operations; and
B. Carefully lower each unit or section to the floor and to ground level, not dropping, throwing, sliding or otherwise damaging or disturbing the RACM.
(3) When RACM is stripped from a facility component while it remains in place in the facility, adequately wet the RACM during the stripping operation.
A. In renovation operations, wetting is not required if:
1. The owner or operator has obtained prior written approval from the Commissioner based on a written application that wetting to comply with this paragraph would unavoidably damage equipment or present a safety hazard; and
2. The owner or operator uses any 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 or be designed and operated in accordance with the requirements in Section 1787.12.
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 dismantlement.
B. In renovation operations where wetting would result in equipment damage or a safety hazard and the methods allowed in subsection (c)(3) A. hereof cannot be used, another method may be used after obtaining written approval from the Commissioner based upon a determination that it is equivalent to wetting in controlling emissions or to the methods allowed in subsection (c)(3) A. hereof.
C. A copy of the Commissioner's written approval shall be kept at the work site and made available for inspection.
(4) After a facility component covered with coated with or containing RACM has been taken out of the facility as a unit or in sections pursuant to subsection (c)(2) hereof, it shall be stripped or contained in leak-tight wrapping, except as described in subsection (c)(5) hereof. If stripped, either:
A. Adequately wet the RACM during stripping; or
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 or be designed and operated in accordance with the requirements in 1787.12.
(5) For large facility components such as reactor vessels, large tanks and steam generators, but not beams (which must be handled in accordance with subsections (c)(2), (3), and (4) hereof), the RACM is not required to be stripped if the following requirements are met:
A. The component is removed, transported, stored, disposed of or reused without disturbing or damaging the RACM.
B. The component is encased in a leak-tight wrapping.
C. The leak-tight wrapping is labeled according to Section 1787.09(d)(1) A., B. and C. hereof during all loading and unloading operations and during storage.
(6) For all RACM, including material that has been removed or stripped:
A. Adequately wet the material and ensure that it remains wet until collected and contained or treated in preparation for disposal in accordance with 1787.10.
B. Carefully lower the material to the ground and floor, not dropping, throwing, sliding or otherwise damaging or disturbing the material.
C. Transport the material to the ground via leak-tight chutes or containers if it has been removed or stripped more than fifty feet above ground level and was not removed as units or in sections.
D. RACM contained in leak-tight wrapping that has been removed in accordance with subsections (c)(4) and (c)(3) A. 2. c. hereof need not be wetted.
(7) When the temperature at the point of wetting is below zero degrees Centigrade (thirty-two degrees Fahrenheit):
A. The owner or operator need not comply with subsection (c)(2) A. and the wetting provisions of subsection (c)(3) hereof.
B. The owner or operator shall remove facility components containing, coated with or covered with RACM as units or in sections to the maximum extent possible.
C. During periods when wetting operations are suspended due to freezing temperatures, the owner or operator must 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 Commissioner during normal business hours at the demolition or renovation site. The owner or operator shall retain the temperature records for at least two years.
(8) No RACM shall be stripped, removed or otherwise handled or disturbed at a facility regulated by this section unless at least one on-site representative, such as a foreman or management-level person or other authorized representative, trained in the provisions of this regulation and the means of complying with them, is present. Every two years, the trained on- site individual shall receive refresher training in the provisions of this regulation. The required training shall include as a minimum: applicability; notifications; material identification; control procedures for removals including, at least, wetting, local exhaust ventilation, negative pressure enclosures, glove-bag procedures and High Efficiency Particulate Air (HEPA) filters; waste disposal work practices; reporting and recordkeeping; and asbestos hazards and worker protection. Evidence that the required training has been completed shall be posted and made available for inspection by the Commissioner at the demolition or renovation site.
(9) For facilities described in subsection (a)(3) hereof, adequately wet the portion of the facility that contains RACM during the wrecking operation.
(10) If a facility is demolished by intentional burning, all RACM including Category I and Category II nonfriable ACM must be removed in accordance with the NESHAP before burning.
(11) Install a window and glovebag where pollution control inspectors can see removal operations without entering containment where practicable.
(Ord. 46-93. Passed 2-2-93.)