Regulations and Considerations in Asbestos Abatement Projects

1. CURRENT QUESTIONS FROM THE PHONE

2. 1. A contractor is removing old, hard interior ACM window putty in a building by chipping & scraping it off the window frame. The project is NESHAP notified. What category of waste would the removed window putty be? RACM What determines the category of waste? The condition of the material when the work is being done

3. 2. I have a 1988 building with a letter from the architect stating that there are no asbestos products in the building. Must the building still be inspected before renovation? YES: NESHAP requirement; Bulk Sampling is up to owner. • How about a building built in 2006? • What if the building is a school? • In both cases, YES! An inspection is required. Bulk sampling is up to the owner.

4. 3. The project is extensive housing remodel at a military base. The problem is visible (you can scrape it up with your pocket knife) mastic residue on the concrete floor after abatement. The abatement contractor is gone, and the trade contractors are doing their build-back. The flooring contractor wants to sand the floor smooth so he can install the new tile. What are the considerations?

5. 3 (Cont.): OSHA would require documented identification & notification, certified competent person, Class II trained workers, initial exposure assessment, regulated area, decontamination, PPE, etc. If sanding is done, friability will involve the MAP, requiring certified C/S & certified workers. NESHAP would then regulate the mastic as RACM, requiring a 10 day notice, wet methods, containing, labeling, Waste Shipment Record, and disposal at a NESHAP landfill as ACWM. Perhaps it would have been better to completely remove the mastic?

6. 4. Is full containment, negative pressure required for Hydro-blast removal of ACM mastic from the floor? • NO OSHA requires “Negative Pressure Enclosure” initially as a pro-active control only for Class I Work. Also, OSHA enclosures are critical barrier only. As a re-active mandate, NPE is required for work above the PEL.

7. 5. The project is removal of 1200 feet of transite pipe which is part of a larger system. All the pipe is in good condition, with gasket joints. The line will be excavated, broken into, and pulled apart piece by piece. Is this a demolition or renovation under the NESHAP? Does it require a 10 day notice? How is the waste handled? Any OSHA considerations? A renovation. No notice or waste rules if RACM is below threshold amounts. RACM is small crumbles only. Non-friable waste is Category II. Work is OSHA Class II.

8. 6. A school district is planning 30+ separate VAT removal jobs during summer break. Specs call for hand removal of the VAT, Hydro-blast on the mastic and NPE. What level of final clearance is required? If TEM, the Districts cost for fast turnaround approaches $80,000. PCM is much less. The District wants to do what is right. REGS

9. 6.(cont.) Issues: Response Action ? Mechanical removal EPA NESHAP vs. EPA AHERA Cost Safety Regulatory Compliance

10. AHERA FINAL CLEARANCE 6. Cont. Quantity TEM Clearance Required 160 s.f. or 260 l.f. Response action Friable or TSI TEM or PCM Clearance Required or “asbestos abatement” or Class I or II Work 1 Glovebag, 1 waste bag Non-Response Action Non-Friable (Any amount) Clearance Not Required Small scale, short duration or Maintenance work or Class III Work Quantity

11. 6. Continued • No final clearance is required. The job is not a response action. • If the district wants final clearance, PCM is sufficient. • PCM is about 1/10 the cost of TEM. • With good specs and a good contractor, the final clearance air should be at least as clean as outdoor levels.

12. 7. A commercial building containing ACM popcorn ceilings has been largely destroyed by fire, and must be cleaned up. The standing remnant of the building cannot be entered, and must be demolished from the exterior. What class of work is this? Class I What level of training must the backhoe operator have? Class I certification

13. 8. Is it OK to use 2 mil poly on the walls of a Class I NPE instead of 6 or 4 mil? Regulatory? Of course! Wall poly is not required. Considerations: 2 mil is just as impermeable as 6 mil. It would protect the surfaces and restrict fibers. It may not be as cleanable as 6 or 4 mil. It is less expensive. Less waste . It is more tear resistant. Will the building be reoccupied? What do the specs say? • • • • • • • • • •

14. 9. A contractor is planning to remove ACM floor tile mastic with a rotating floor machine. What are the regulatory issues? - OSHA? Class II Work - NESHAP? RACM - MAP? Certified Workers Neither EPA reg would apply if the work were done in a “non-mechanical” way

15. 10. The project is exterior ACM stucco removal from a brick building slated for demo. The contractor has removed the stucco, except for a small amount of white stain residue in various locations on a 2000 s.f. surface. The contractor wants to encapsulate the wall surface and demo the building. Is that acceptable? NO All RACM must be removed before demo

16. 11. An owner has two sites for clean-up. One is a salvage yard littered with pieces of transite debris, and the other is removal & associated clean-up of an old transite pipeline running along a hillside. What level of training is required for the workers? Class II Training 8 hours (one day specific for transite)

17. 12. A contractor has about 4000 cubic yards of asbestos contaminated ABC (aggregate) to load and haul to a disposal site. What training is required for the loader operator and the truck drivers? Class IV training: 2 Hr. Awareness

18. 13. A contractor notified NESHAP of a planned project. After the 10 working day period had elapsed, and before the project began, the owner changed contractors. May the existing notification, signed by the previous contractor, be revised, or does the new contractor have to initiate a new 10 day notice for the job? Notification is an owner/operator responsibility. The notification may be revised without starting a new 10 day period. Some jurisdictions, however, may require a new notification.

19. 14. Does OSHA Class IV Work require an initial exposure assessment? YES

20. 15. A commercial building with textured drywall throughout is to be demolished. By accurate analysis, only the joint compound in the drywall assembly is 2-5% asbestos. Does the NESHAP require removal of the drywall before demolition, or may it be demolished in place? (A) What do you tell the building owner? (B) What do you advise the owner to do? (C) What if the removal cost is $1M+?

21. 15. Continued • Federal NESHAP would not require removal before demolition. The average % by weight would be below 1%. • Demolition with the drywall in place would be an OSHA Class II Work. • The waste would not be regulated. • Give the owner the facts (It is his money). • The owner may decide.

22. 16. A property owned by a single entity contains one single family house and one larger building with 4 apartments. The single family dwelling is to be demolished, and no work is to be done to the apartment building. Is NESHAP applicable? • YES. This is an installation.

23. 17. A good abatement contractor was hired to remove specified ACM in certain locations in a building. He completed his work, left the site, was paid for the job. Shortly after, the owner had a demolition contractor demolish the building, making proper notification. Local NESHAP inspected the site when it was a pile of demo debris, and discovered ACM surfacing in the debris. They cited the abatement contractor and the demo contractor, and also the owner. What is the problem here? How can this be avoided?

24. 17. The problem in this case was a faulty inspection and report. • Not all certified inspectors are equal! • Not all certified labs are equal! • The owner, not the consultant, is liable under the NESHAP! • The cost of asbestos management is not at the consultant level. Hire only the best – not the cheapest. • If you are an owner, one solution would be to specify the ASTM standard for building inspections: • E2356-04 Standard Practice for Comprehensive Building Asbestos Surveys