Transcript Asbestos NESHAP 40 CFR 61, Subpart M

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
Asbestos NESHAP
40 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

Notice:
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Failure to provide notice
Late, inaccurate or incomplete notice
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Procedural:
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$ 1,000
$
500
Failure to provide records upon request, failure to comply with
written requests
Failure to properly handle, store or transport friable asbestos
Return to AQD “Asbestos Information” Page
$ 1,000
$ 1,000
DEQ’s Asbestos NESHAP Violation Penalty Policy
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Emission and Work Practices:
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Work Practices
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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 NESHAP
within 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
$ 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 Mills
(.142)
Roadways
(.143)
Manufacturing
(.144)
Demolitions and
Renovations
(.145)
Spraying
(.146)
Fabricating
(.147)
Insulating
Materials
(.148)
Waste Disposal for Asbestos Mills
(.149)
Waste Disposal for
Manufacturing, Fabricating,
Demolition, Renovation, &
Spraying Operations
(.150)
Inactive Waste Disposal
Sites for Asbestos Mills,
Manufacturing and
Fabricating Operations
(.151)
Active Waste
Disposal Sites
(.154)
Operations that convert ACWM
into nonasbestos (asbestos free)
material
(.155)
Link to regulation:
http://www.deq.state.ok.us/CSDnew/SBAP/asbestos/index.htm
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
No
Notification
Required
No
If renovation, do you meet
certain threshold criteria
for regulated asbestos
containing material?
If Demolition, all facilities must notify
Complete and submit Notification of Intent
to Demolish
Yes
Complete and submit
Notification of Intent to
Renovate
If Asbestos Containing Material (ACM)
present, it must be addressed according to
regulations before demolition
Important Definition
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Facility
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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*
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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:
 DEMOLITIONS
 RENOVATIONS
Wrecking 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.

Altering 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
Important Definitions
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Asbestos Containing Material (ACM)
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Regulated Asbestos-Containing
Material (RACM)
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Any material containing more than 1% asbestos
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 Definitions
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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 Definitions

Asbestos-Containing Waste Material
(ACWM)
 Any waste that contains asbestos
 As applied to demolition and renovation
operations, this includes regulated asbestoscontaining material waste and materials
contaminated with asbestos including
disposable equipment and clothing
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Keep friable asbestos separate from other demolition
and renovation waste
Requirement to Inspect
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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)]
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A thorough inspection requires the services of an
accredited asbestos inspector.
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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
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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 ?
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Notification to DEQ is required for:
 Renovations if the combined amount of RACM
to be disturbed is at least:
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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
(http://www.deq.state.ok.us/AQDnew/resources/aqforms.htm)
What
notification
is required
What
notification
is required
Another Important Definition
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The Owner or Operator of a demolition or
renovation activity
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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
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At least 10 working days [2 weeks] before any
activity begins that would disturb ACM
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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
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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
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Any changes in the submittal, especially:
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If amount of ACM affected changes by 20%
or
Start dates of renovation or demolition change
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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
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