ASBESTOS REGULATIONS AND URBAN DEVELOPMENT

1. ASBESTOS REGULATIONS AND URBAN DEVELOPMENT Community Development Conference 2012 Tom Buchan Asbestos NESHAP Coordinator OEPA, Division of Air Pollution Control 614.644.2270 Credit: Bob Princic, OEPA/NEDO www.epa.state.oh.us November 8, 2012

2. WHAT IS THE ANSWER? What is Asbestos? Why is asbestos regulated? What are the regulations? What do the regulations say about urban development

3. WHAT IS ASBESTOS ? Chrysotile – -White asbestos -Serpentine Found in 90%-95% ACM

4. Amosite – brown 1% - 5% ACM Crocidolite – blue 1% - 5% ACM WHAT IS ASBESTOS?

5. Crocidolite Most Hazardous chrysotile Amosite Most Hazardous

6. Getting Started: Asbestos 101

7. ASBESTOS The Wonder Material High Tensile Strength Flexible Resists Corrosion & Chemicals Melts at 2200° -- 2700° F Poor Conductor Effective Insulator -- Hot & Cold Multiple Applications

8. Construction Materials ROOFING & SIDING Roofing felts, shingles & tiles siding shingles (transite) WALLS & CEILINGS Sprayed-on fireproofing plaster & joint compound cement sheet textured paints

9. Construction Materials FLOORS tile & sheet flooring, mastic adhesives PIPES & BOILERS cement pipe & fittings, preformed & block insulation corrugated sheets, paper tape, putty, plumbing joints OTHER BUILDING PRODUCTS gaskets, packing, cement, insulation

10. The Complicated Case of Vermiculite

11. Vermiculite YOU SHOULD ASSUME THE VERMICULITE CONTAINS ASBESTOS AND DO NOT DISTURB IT!

12. Asbestos-related Diseases Asbestos can cause disabling respiratory disease, cancer, and eventually death. • Asbestosis • Mesothelioma • Lung Cancer • Other cancers • Usually symptoms take 15 to 30 years or more to develop. • Health effects from asbestos exposure may continue to progress even after exposure is stopped.

13. Lung Cancer Risks (70 per 100,000 lung cancer deaths in general population) 5x higher risk than general population 10x higher risk 50x to 90x higher risk Lung Cancer Lung cancer causes the largest number of deaths from asbestos exposure. The risk greatly increases in workers who smoke.

14. Relevant Regulations NESHAP (40CFR 60 Subpart M) – residential demos/renos exempt Ohio EPA – OAC 3745-20 – residential demos/renos exempt ODH – OAC 3701-34 – NO residential exemptions OSHA – Construction standards 29 CFR 1926.1101

15. The EPA asbestos rules regarding renovation and demolition consist of four main sections • Requirements for determining rule applicability • Notification requirements • Demolition and renovation procedures for asbestos emission control • Waste handling and disposal requirements

16. Requirements for determining rule applicability • Establish the type of operation (renovation or demolition) • Establish if the operation involves a “facility.” • Conduct a thorough inspection of the facility

17. Requirements for determining rule applicability • Establish if the operation involves a “facility.” • A facility includes any institutional, commercial, public, industrial or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units)

18. What Is An “Installation”? “…..any building or structure or group of buildings or structures….under the control of the same owner or operator….” (40 CFR 61.141) Residential structures demolished (or renovated) as part of commercial or public project lose their residential exemptionand must comply with the NESHAP (July 28, 1995 Federal Register)

19. What Is An “Installation”? More than one residential building on the same reno/demo site that are under the ownership or control of the same owner or operator ARE NOT exempt.

20. Requirements for determining rule applicability • Conduct a thorough inspection of the facility • The inspection locates, identifies, and evaluates the condition of asbestos materials and quantifies the amounts. • If the combined amount of RACM is at least 260 lin. ft. on pipes, 160 sq. ft. on any other component or 35 ft3 where length or area could not be determined (threshold amounts), then all the RACM must be removed prior to a demolition or renovation, and the notification, emission control/work practices, handling and disposal requirements will apply.

21. Regulated Asbestos-Containing Material (RACM) Friable asbestos material Category I nonfriable asbestos-containing material that has become friable Category I nonfriable asbestos-containing material that will be or has been subjected to sanding, grinding, cutting or abrading; Category II nonfriable asbestos-containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to a powder by forces of demolition or renovation.

22. Friable material containing >1% asbestos when dry, can be crumbled, pulverized, or reduced to a powder by hand pressure (Thermal system insulation, fireproofing, plasters and ceiling tiles)

23. CITY UNTIL YOU OBTAIN AN INSPECTION BY A CERTIFIED ASBESTOS HAZARD EVALUATION SPECIALIST AND GIVE US TEN WORKING DAYS NOTICE. OAC 3745-20

24. Notification requirements prior to demolition or renovation activities • Notification timeliness • Every demolition or renovation of a facility requires an original notification be submitted when the amount of RACM stripped, removed, dislodged, cut, drilled or disturbed will meet or exceed the threshold amounts. The notification must be postmarked, delivered or received at least 10 working days before the RACM activity begins. (Working days exclude weekends.)

25. Demolition and renovation procedures for asbestos emission control • RACM removal • Adequate wetting • No visible emissions

26. Demolition and renovation procedures for asbestos emission control • RACM removal • All RACM must be removed from a facility being demolished or renovated before any activity begins that will break up, dislodge or disturb the materials, or preclude access to the materials for subsequent removal.

27. Demolition and renovation procedures for asbestos emission control • RACM can be stripped from facility components after they have been removed in units or sections from the facility, or while the components remain in place at the facility. • Category I nonfriable asbestos-containing material that is not in poor condition and is not friable need not be removed during demolition operations. • A September, 1992, document was prepared for the USEPA by TRC Environmental Corporation, entitled Demolition Practices Under the Asbestos NESHAP.

28. Demolition and renovation procedures for asbestos emission control • Adequate wetting • To sufficiently mix or penetrate with liquid to prevent the release of particulates. • While taking out components in units or sections, adequately wet all RACM exposed during cutting or disjointing operations, then encase the component in suitable leak-tight container or wrapping. • Adequately wet all RACM while stripping the material from facility components.

29. Demolition and renovation procedures for asbestos emission control • All RACM that has been removed or stripped must remain adequately wet until collected and contained in preparation for disposal. • During an emergency demolition, all portions of a facility that contains RACM must be adequately wetted during wrecking operations and remain adequately wet until collected for disposal in accordance with the waste handling and disposal requirements.

30. Demolition and renovation procedures for asbestos emission control • Adequate wetting is a measure used to control visible emissions. If visible emissions are observed, then the material has not been adequately wet, and will result in a violation of emission control requirements. • The absence of visible emissions is not sufficient evidence that materials are adequately wet.

31. Waste handling and disposal requirements • Proper containers and/or liners • Signs and labels • Disposal

32. Waste handling and disposal requirements • Proper containers and/or liners • After wetting, all ACWM must be sealed while wet in durable leak-tight containers or wrapping. • Acceptable asbestos containers are durable plastic liners, plastic asbestos waste disposal bags, reinforced leak-tight boxes and steel, plastic, or fiberboard drums.

33. Waste handling and disposal requirements • Signs and labels • All ACWM containers and wrapped materials shall be labeled with asbestos danger markings. • All ACWM containers and wrapped materials that are to be transported off site shall be labeled with the name of the waste generator and the location at which the waste has been generated. • Specifically marked asbestos danger warning signs must be displayed on transport vehicles during loading and unloading of ACWM.

34. Labeled asbestos waste disposal bag

35. Waste handling and disposal requirements • Disposal • All ACWM shall be deposited as soon as is practical by the waste generator at a waste disposal site in Ohio that is permitted to accept RACM, or at an asbestos waste disposal site that operates in accordance with the USEPA asbestos standards if not in Ohio. • Waste shipment records (WSR’s) with detailed information describing the facility, owner, generator and waste, must be included with each load of ACWM transported off the facility site.

36. Waste handling and disposal requirements • WSR’s with instructions, and a list of landfills permitted to accept RACM and ACWM in Ohio can be downloaded from the Ohio EPA website at www.epa.state.oh.us. • Only Category I nonfriable ACWM that is in good condition, and has not been sanded, grinded, cut, abraded, crumbled, pulverized, or reduced to powder, can go to a licensed construction and demolition debris (C&DD) landfill. • All Category I and Category II asbestos-containing debris is prohibited from being recycled.

37. Do Ohio EPA Regulations Apply to My Project? NO … • If Structure has ALWAYS been residential • If Structure contains ≤ 4 residential units • If Demo/reno NOT part of “installation” or “facility”

38. Regulatory Involvement in Residential Structures No EPA involvement – if exempt criteria met ODH – if RACM < 50 ln ft/50 sq ft, then it is not “abatement activity” Check with ODH for notification and work practice requirements

39. IT’S ALL CLEAR NOW!

40. Getting Started:The Asbestos Crisis State and federal regulators – regulating asbestos since the 1970’s. Asbestos is EVERYWHERE! Urban flight + Urban Decay = 1,000’s of Urban Demolitions.

41. Do Asbestos NESHAP Regulations apply to Urban Demolition Projects? • November 20, 1990, EPA published revision to asbestos NESHAP regulations • Does not consider residential structures demolished as part of public project to be exempt from rule • Demolitions/renovations of individual residential building are regulated if part of a larger project or if residences meet definition of installation

42. Do Asbestos NESHAP Regulations apply to Urban Demolition Projects? • Residential homes within governmental jurisdiction that are/or will be part “urban project” are subject to thorough inspection requirement of asbestos NESHAP • Governmental unit is considered the operator of demolition operation since it manages the contractors that will be implementing the demolition operation of the “urban renewal” project

43. Do Asbestos NESHAP Regulations apply to Urban Demolition Projects? • If total amount of RACM added together from every house as part of the “urban project” exceeds 160sf or 260lf, the “urban project” is regulated under the asbestos NESHAP • Demolition operations subject to asbestos emission control requirement and waste disposal requirements • Additional homes may be added or subtracted to demolition over length of project period and all are subject to asbestos NESHAP • Project period may extend over years

44. “Isolated” Single Family Home Exemption • EPA 1995 clarification of intent • Isolated, single family home (including residential structure with four dwelling unit or less) is not subject to the asbestos NESHA regulations • Instance where municipality is demolishing a single family home which is not part of a larger project and which does meet the definition of an installation • Demolition of the home not subject to asbestos NESHAP • No “isolated” single family home exemption for large projects

45. Number of residential structures projected for demolition vary per municipality • Range from tens to the thousands

46. Vacant Structures Cause: • Urban blight • Decline in property values • Structures are target for arson • Site for drug trafficking and other crimes

47. Removal cost for typical 2 story house • $8-12K for demo • $3-5K for asbestos survey / abatement / disposal • Average total cost: $12-15K

48. Landfill Costs for ACM Disposal CD & D LF - $475 - $525/40 cu. yd. roll-off box MSW LF - $650 - $850/40 cu. yd. roll-off box RACM LF - $1,100 - $1,200/40 cu. yd. roll-off box

49. Obstacles to Overcome Operating Urban Demolition Programs • Perception of contradictory, conflicting and confusing federal and state asbestos regulations • Inadequate communication among all parties involved: federal and state regulators and county and municipal officials • Securing funding and ensuring a viable funding source for the duration of a municipal urban demolition program • Reducing costs of asbestos abatement and other environmental requirements incurred prior to demolition of urban structures

50. Municipalities’ View of Urban Demolition Projects • Urgency for removing vacant structures • Their concerns should supersede the asbestos regulations • Federal and state regulations are too restrictive and complicated • Federal and state regulations contribute to higher project costs, thus reducing the number of residential demolitions