REGULATORY OVERVIEW
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REGULATORY OVERVIEW. FEDERAL ASBESTOS REGULATIONS. OSHA. OSHA 29 CFR 1926.1101. OSHA 29 CFR 1926.1101 OSHA 29 CFR 1910.1001 RESPIRATORY PROTECTION 29 CFR 1910.134. EPA. NESHAP 40 CFR 61, Subpart M. NESHAP 40 CFR 61, Subpart M AHERA 40 CFR 763, Subpart E

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REGULATORY OVERVIEW

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Regulatory overview

REGULATORY OVERVIEW


Regulatory overview

FEDERAL ASBESTOS REGULATIONS

OSHA

OSHA 29 CFR 1926.1101

  • OSHA 29 CFR 1926.1101

  • OSHA 29 CFR 1910.1001

  • RESPIRATORY PROTECTION 29 CFR 1910.134

EPA

NESHAP 40 CFR 61, Subpart M

  • NESHAP 40 CFR 61, Subpart M

  • AHERA 40 CFR 763, Subpart E

  • WORKER PROTECTION 40 CFR 763, Subpart G

  • ASHARA (Model Accreditation Plan)

AHERA 40 CFR 763, Subpart E

  • AHERA 40 CFR 763, Subpart E


Regulatory overview

SCOPE OF FEDERAL REGULATIONS

OSHA: Work Site Procedures For Worker Protection

NESHAP: Waste Generation and Management

AHERA: Identification and Management in Buildings

MAP: Certification of Persons


Regulatory overview

SCOPE & APPLICABILITY OF

OSHA

  • Applies wherever a worker works who may be exposed to asbestos

  • Requires employers to protect employees

  • The building owner is an employer

  • A notification regulation for building owners

  • A specification regulation for contractors

  • Generally applies even when EPA does not

OSHA DOES NOT REQUIRE THE WORK TO BE DONE, BUT REGULATES THE WORK PROCEDURES IF AN EMPLOYEE DISTURBS OR CONTACTS ASBESTOS. OSHA GIVES US WORK PRACTICES!


Regulatory overview

CLASSES OF WORKDEFINITIONS

Class I Work The removal of TSI, fireproofing or popcorn

Class II Work The removal of anything else

Class III Work The small scale, short duration disturbanceof ACM

Class IV WorkContact, but no disturbance, or cleanup of previously generated debris


Regulatory overview

CLASSES OF WORKAPPLICATION

Class I WorkRequires NPE, shower decon,full PPE, certified people, air monitoring, NEA

Class II WorkNo initial NPE, NEA exemptions for shower decon, PPE, certified workers, air monitoring. One day training.

Class III WorkRequires PPE for TSI & Surfacing, NEA exemptions for all other ACM. Two day training. SS, SD only.

Class IV WorkRequires NEA, all exemptions allowed, 2 hour training required.


Regulatory overview

SCOPE & APPLICABILITY OF

NESHAP

Applies to all facilities except single residential buildings having 4 living units or less.

REQUIRES A THOROUGH INSPECTION BEFORE DISTURBANCE

  • Requires controlled removal of RACM about to be disturbed by DEMOLITION or RENOVATION

  • Requires prior notification to EPA

  • Requires proper management thru & after disposal

  • No visible emissions

NESHAP REQUIRES CONTROLLED REMOVAL OF ASBESTOS, BY REGULATING THE GENERATION, MANAGEMENT AND DISPOSAL OF THE WASTE. NESHAP IS ASBESTOS WASTE MANAGEMENT!


Applicability a

Applicability (a)

61.145 Standard for Demolition and Renovation

(a) Applicability. To determine which requirements of paragraphs (a), (b) and (c) of this section 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.

  • Applicability

  • Notification Requirements

  • Procedures for Asbestos Emission Control


Definitions cont

Definitions (cont.)

Regulated Asbestos Containing Material (RACM)

  • Friable asbestos containing material

  • b) Category I nonfriable ACM that has become friable

  • c) Category I nonfriable ACM that will be or has been

  • subjected to sanding, grinding, cutting or abrading

  • d) Category II nonfriable ACM that has a high

  • probability of becoming or has become crumbled,

  • pulverized, or reduced to powder by the forces

  • expected to act on the material in the course of

  • demolition or renovation operations

e) EPA says that the material is RACM


Definitions cont1

Definitions (cont.)

Nonfriable ACM Categories

Category I nonfriable ACM:asbestos-containing packings, gaskets, resilient floor covering and asphalt roofing products containing more than 1% asbestos. IN GOOD CONDITION.

Category II nonfriable ACM: any material, excluding Category I nonfriable ACM, containing more than 1% asbestos that when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure. IN GOOD CONDITION.

Rule of Thumb: a material would not be Category I or II non-friable

ACM if it cannot be removed without significant breakage

(i.e. rendered friable). The material would be RACM.


Regulatory overview

SCOPE & APPLICABILITY OF

AHERA

  • Applies in schools

  • Requires identification of all ACBM

  • Requires safe management of ACBM

  • Industry standards for identification & management

  • Contains the Model Accreditation Plan (appendix C)

AHERA TELLS US WHAT IS ASBESTOS AND WHAT IS NOT, AND REQUIRES THAT ACBM BE MANAGED SAFELY IN OCCUPIED SCHOOL BUILDINGS. AHERA DOES NOT REQUIRE REMOVAL !


Major objectives of ahera

MAJOR OBJECTIVES OF AHERA

  • IDENTIFICATION OF ALL ACBM

  • EVALUATION OF HAZARDS

  • SAFE MANAGEMENT OF ACBM


Ahera facilities

AHERA FACILITIES

SCHOOLS

  • KINDERGARTEN - 12

  • PUBLIC AND PRIVATE

  • NOT FOR PROFIT


Ahera concepts used universally

AHERA CONCEPTS USED UNIVERSALLY

  • ACCREDITATION

  • ASBESTOS INSPECTION PROTOCOL

  • NVLAP CERTIFIED LABORATORIES

  • RESPONSE ACTIONS

  • O & M PROGRAMS

  • FORMAL PROJECT DESIGN

  • FINAL CLEARANCE.


Regulatory overview

SCOPE & APPLICABILITY OF

MAP

  • Applies in all buildings except residential housing through 10 units

  • Requires certification of inspectors

  • Requires certification of persons who design or conduct response actions:

    Project Designers

    Contractor/Supervisors

    Workers

  • Requires certified specifications

The Model Accreditation Plan is an EPA regulation that came out of AHERA, and as such, it applies to Response Actions (friable abatement), inside buildings.


Regulatory overview

SCOPE of the MAP

  • Requires accreditation of training curriculums.

  • Requires certification of people who design and conduct response actions.

  • Requires certification of asbestos inspectors.


Regulatory overview

DEFINITIONS

  • RESPONSE ACTION: A response to

    • Friable ACM

    • Inside the building

    • Bigger than SS/SD


Regulatory overview

Application of the MAP

  • When addressing a Response Action, the following is required:

  • Formal specs done by a certified Project Designer

  • Contractor/Supervisor certification of the competent person

  • Worker certification of all workers


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