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Asbestos Regulations DEQ’s Role. To Administer and Enforce the Asbestos NESHAP Regulations ( 40 C.F.R. §§ 61.140-.157 ) Other asbestos regulations, such as OSHA (worker safety) and DOT (transportation of asbestos waste), are handled by other state and federal agencies.

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Asbestos Regulations DEQ’s Role


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asbestos regulations deq s role
Asbestos RegulationsDEQ’s Role
  • To Administer and Enforce the Asbestos NESHAP Regulations (40 C.F.R. §§ 61.140-.157)
    • Other asbestos regulations, such as OSHA (worker safety) and DOT (transportation of asbestos waste), are handled by other state and federal agencies
asbestos neshap 40 cfr 61 subpart m
Asbestos NESHAP40 CFR 61, Subpart M
  • NESHAP = The National Emission Standard including design, equipment, work practice or operational standard for Hazardous Air Pollutants
  • Subpart M = Standard for Asbestos

(This Federal Regulation has been delegated to the Oklahoma Department of Environmental Quality.)

deq s asbestos neshap violation penalty policy
DEQ’s Asbestos NESHAP Violation Penalty Policy
  • Notice:
  • Failure to provide notice $ 1,000
  • Late, inaccurate or incomplete notice $ 500
  • Procedural:
  • Failure to provide records upon request, failure to comply with

written requests $ 1,000

  • Failure to properly handle, store or transport friable asbestos$ 1,000

Return to AQD “Asbestos Information” Page

deq s asbestos neshap violation penalty policy4
DEQ’s Asbestos NESHAP Violation Penalty Policy
  • Emission and Work Practices:
  • Work Practices$ 2,500 minimum
    • Failure to remove of all RACM from a facility being demolished or renovated before any activity begins that would disturb the material.
    • Maintaining “adequately wet” all RACM that is being removed or disturbed.
    • Failure to have on site, during the handling or disturbance of RACM at a facility regulated by the NESHAP, at least one person who has been trained in the NESHAPwithin the previous two years.
    • Failure to properly mark vehicles used to transport asbestos-containing waste material, so that the signs are visible during the loading and unloading of waste.
    • Failure to properly dispose of all asbestos-containing waste material at a waste disposal site permitted by DEQ to accept RACM
  • Visible Emissions$ 2,500 minimum
    • Prevention of “visible emissions” to the outside air while RACM is being disturbed (including asbestos-contaminated debris from a demolition where RACM was not removed due to safety reasons).
asbestos standards 40 c f r 61 140 157

Asbestos Standards 40 C.F.R. §§ 61.140-.157

Link to regulation:http://www.deq.state.ok.us/CSDnew/SBAP/asbestos/index.htm

decision tree
Decision Tree

Am I a “Facility”?

No – NESHAP does not apply

Yes

Performing a “demolition” or a “renovation?”

No – NESHAP does not apply

Yes

Certified Inspection Required

If Demolition, all facilities must notify

No

Notification Required

No

If renovation, do you meet certain threshold criteria for regulated asbestos containing material?

Complete and submit Notification of Intent to Demolish

Yes

If Asbestos Containing Material (ACM) present, it must be addressed according to regulations before demolition

Complete and submit Notification of Intent to Renovate

important definition
Important Definition
  • Facility
    • Any institutional, commercial, public, industrial, or residential structure, installation, building, ship, and waste disposal site; but excluding residential buildings having four or fewer dwelling units*
      • Any structure that contains a loft used as a dwelling is not considered a residential structure (Ex: old commercial warehouse to apartments)
      • Any structure that was previously subject to [the Asbestos] NESHAP is not excluded, regardless of its current use or function

(Ex: residence dentist office residence)

*Residential buildings which have four or fewer dwelling units are not

considered "facilities" unless they are part of a larger installation (for

example, an army base, company housing, apartment or housing complex,

part of a group of houses subject to condemnation for a highway right-of

way, an apartment which is an integral part of a commercial facility, etc.).

the asbestos neshap applies to a facility during
DEMOLITIONSWrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of a facility.

RENOVATIONSAltering a facility or facility component in any way, [even]* including the stripping or removal of regulated asbestos containing material (RACM) from a facility component.

*Whether asbestos is present or not

The Asbestos NESHAP applies to a Facility during:
important definitions
Important Definitions
  • Asbestos Containing Material (ACM)
    • Any material containing more than 1% asbestos
  • Regulated Asbestos-Containing Material (RACM)
    • Friable asbestos material
    • Nonfriable ACM that has become friable
    • Nonfriable ACM that will be subjected to sanding, grinding, cutting, or abrading
    • Nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by forces of demolition or renovation operations
  • The type of asbestos you have will determine notification and handling requirements
important definitions10
Important Definitions
  • Friable Asbestos Material
    • Any material containing more than 1% asbestos that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure (nonfriable ACM cannot be crumbled, etc.)
    • Non-friable asbestos can be made friable, be aware of how you handle this type of asbestos

Return to AQD “Asbestos Information” Page

important definitions11
Important Definitions
  • Asbestos-Containing Waste Material (ACWM)
    • Any waste that contains asbestos
    • As applied to demolition and renovation operations, this includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing
    • Keep friable asbestos separate from other demolition and renovation waste
requirement to inspect
Requirement to Inspect
  • To determine which requirements of the NESHAP apply, the owner or operator of a demolition or renovation activity will need to have the affected facility (or facility part) thoroughly inspected for the presence of asbestos. [40 C.F.R. §61.145 (a)]
    • A thorough inspection requires the services of an accredited asbestos inspector.
      • Accredited asbestos inspectors in Oklahoma are licensed by the Oklahoma Department of Labor.
    • The inspection must be performed prior to the commencement of the demolition or renovation.
what to expect from an inspection
What to Expect from an Inspection
  • The inspector should provide copy of Certification (License should be valid on date of inspection)
  • The inspection report should identify location, amount, type, and condition of all ACM found
  • This inspection will give you the information needed determine if you must notify and the information to submit
  • Provide recommendations on how to deal with the ACM found
  • List of certified inspectors can be obtained from the Oklahoma Dept. of Labor 405-528-1500, ext. 250
what next
What Next ?
  • Notification to DEQ is required for:
    • Renovations if the combined amount of RACM to be disturbed is at least:
      • 260 linear feet on pipes or
      • 160 square feet on other facility components or
      • 35 cubic feet off facility components or where length or area could not be measured previously
    • Demolitions all demolitions require notification (even if No ACM is present)

Delivery by U.S. Postal Service, commercial delivery service, or hand delivery of the notification is acceptable

Return to AQD “Asbestos Information” Page

what notification is required
What notification is required

(http://www.deq.state.ok.us/AQDnew/resources/aqforms.htm)

another important definition
Another Important Definition
  • The Owner or Operator of a demolition or renovation activity
    • Any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or the demolition or renovation operation, or both
when to submit notification
When to submit notification
  • At least 10 working days [2 weeks] before any activity begins that would disturb ACM
    • No later than the following work day, if [emergency] renovation is caused by a sudden, unexpected event (provide documentation – see Item XV on notification form)
  • At least 10 working days [2 weeks] before demolition begins
    • Exception: No later than the following work day, if government ordered demolition because facility is structurally unsound and in danger of imminent collapse (provide documentation – see Item XIV on notification form)
submit revised notifications as needed
Submit revised notifications as needed
  • Any changes in the submittal, especially:
    • If amount of ACM affected changes by 20%

or

    • Start dates of renovation or demolition change
      • If new start date is earlier than original start date, it must be at least 10 working days [2 weeks] before work begins
      • If new start date is after the original start date, notify by phone before original start date and submit written notice no later than the original start date.
where to submit notification
Where to submit notification

Submit to the EPA NESHAP AUTHORITY:

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

Air Quality Div., 707 N. Robinson, P.O. Box 1677

Oklahoma City, OK 73101-1677

or

Oklahoma DEQ, Tulsa Regional Office

3105 E. Skelly Drive, Suite 215

Tulsa, OK 74105

NOTE: (Please submit your Notification to the DEQ office closest to your job site)

Return to AQD “Asbestos Information” Page