Transcript LDEQ Protocol to Comply with the LESHAP Regulations Jodi G

LDEQ Protocol to Comply
with the LESHAP
Regulations
Jodi G. Miller, LDEQ
and
David Eppler, USEPA
March 15 & 16, 2006
LDEQ Protocol to Comply with
the LESHAP Regulations
Background
On August 29, 2005, Hurricane Katrina struck southeast Louisiana as a
strong Category 4 Hurricane with maximum sustained winds of
approximately 143 mph and gusts up to 165 mph.
The parishes of Orleans, St. Bernard and Plaquemines were flooded by
excessive rain and a storm surge of 20-30 ft, overtopping levees, and
ultimately causing the breach of some of the levees.
On August 31st, 2005, 80% of New Orleans was under flood waters as a
result of the breached levees.
Other badly affected parishes were St. Tammany, Lafourche, St. John the
Baptist, Jefferson, Washington, and Terrebonne.
In all, 25 parishes were affected.
LDEQ Protocol to Comply with
the LESHAP Regulations
Hurricane Katrina’s Path of Destruction
LDEQ Protocol to Comply with
the LESHAP Regulations
Background
Less than one month later, on
September 23-24, 2005, Hurricane
Rita moved through the Gulf of
Mexico to strike southwest
Louisiana and southeast Texas,
with 120-mph winds and a 20-foot
wall of water.
19 parishes in all were affected.
Those hit worse were: Cameron,
Calcasieu, Vermilion, Iberia, St.
Mary, and Jeff Davis.
Rita
LDEQ Protocol to Comply with
the LESHAP Regulations
NESHAP Matrix
(residential structures of 4 units or less- no condos,
apartments or commercial buildings)
 TYPE OF STRUCTURE
 Unsound structure (structure subject to a governmental
demolition order for which a thorough inspection is not required)
 ACTIVITY
 Inspection
 NESHAP
 A thorough inspection is not required due to structure being
structurally unsound and in imminent danger of collapse, moved off
its foundation, or uninhabitable.
 FLEXIBILITY WITH NAA LETTER – (next slide)
NESHAP Matrix
(residential structures of 4 units or less - no condos,
apartments or commercial buildings)

FLEXIBILITY WITH NAA LETTER

Unsound structure definition expanded to include homes that
are structurally unsound or moved off their foundation but not
necessarily in danger of imminent collapse (2/3/06 - 2/3/07)

Government issued demolition orders for groups of covered
residences (e.g. a block, sub-division, or other appropriate
geographic area) the same as an order based on individual
determination (2/3/06 - 2/3/07)

Unsound structures definition expanded to include homes that
are uninhabitable for other environmental reasons. (2/24/06 2/24/07).
NESHAP Matrix
(residential structures of 4 units or less- no condos,
apartments or commercial buildings)
 TYPE OF STRUCTURE
 Unsound structure (structure subject to a governmental
demolition order for which a thorough inspection is not required)
 ACTIVITY
 Pre-demolition
 NESHAP
 Regulated ACM removal not possible due to condition of structure
 Exterior ACWM may be removed (by licensed contractor) if no
visible emissions are generated, but all waste (both ACWM and all
other material from the remaining standing structure) must be
disposed of in a NESHAP compliant landfill
 FLEXIBILITY WITH NAA LETTER - None
NESHAP Matrix
(residential structures of 4 units or less- no condos,
apartments or commercial buildings)

TYPE OF STRUCTURE
 Unsound structure (structure subject to a governmental
demolition order for which a thorough inspection is not required)

ACTIVITY


NESHAP



Demolition
Must be wetted throughout demolition process (i.e. prior to and
during the demolition process) to eliminate visible emissions.
Asbestos trained and accredited Supervisor/Contractor must be
present
FLEXIBILITY WITH NAA LETTER - None
NESHAP Matrix
(residential structures of 4 units or less- no condos,
apartments or commercial buildings)

TYPE OF STRUCTURE


ACTIVITY


Transportation
NESHAP


Unsound structure (structure subject to a
governmental demolition order for which a thorough
inspection is not required)
Manage waste streams as ACWM (wet and cover
trucks)
FLEXIBILITY WITH NAA LETTER - None
NESHAP Matrix
(residential structures of 4 units or less- no condos,
apartments or commercial buildings)

TYPE OF STRUCTURE
 Unsound structure (structure subject to a
governmental demolition order for which a thorough
inspection is not required)

ACTIVITY

Disposal
NESHAP



NESHAP compliant state asbestos permitted landfill
FLEXIBILITY WITH NAA LETTER
Disposal of asbestos containing material in
“enhanced” (to become NESHAP compliant) C&D
landfills for all residential structures. (No NAA needed)
Enhanced C&D disposal sites approved by LDEQ.
NESHAP Matrix
(residential structures of 4 units or less- no condos,
apartments or commercial buildings)

TYPE OF STRUCTURE


Sound structure (structure that is able to be thoroughly inspected)
ACTIVITY

Inspection

NESHAP
 Accredited asbestos Inspectors required
 Thorough inspection required of each structure
 Structure is subject to a governmental demolition order.

FLEXIBILITY WITH NAA LETTER - None
NESHAP Matrix
(residential structures of 4 units or less- no condos,
apartments or commercial buildings)

TYPE OF STRUCTURE

Sound structure (structure that is able to be thoroughly
inspected)

ACTIVITY


NESHAP





Pre-demolition
Regulated ACM removal
Licensed asbestos contractor required
Adequately wet prior to removal to eliminate visible emissions
Handle material in a way to prevent damage
FLEXIBILITY WITH NAA LETTER - None
NESHAP Matrix
(residential structures of 4 units or less- no condos,
apartments or commercial buildings)

TYPE OF STRUCTURE

Sound structure (structure that is able to be thoroughly
inspected)

ACTIVITY


NESHAP


Demolition
Once regulated ACM is removed, no additional requirements - only
C&D remaining (transport & dispose in a C&D Landfill)
FLEXIBILITY WITH NAA LETTER - None
NESHAP Matrix
(residential structures of 4 units or less- no condos,
apartments or commercial buildings)

TYPE OF STRUCTURE

Sound structure (structure that is able to be thoroughly
inspected)

ACTIVITY


NESHAP



Transportation
ACWM waste - place in leak-proof containers, wet, cover truck
C&D - no requirements (handle according to State/local
requirements)
FLEXIBILITY WITH NAA LETTER - None
NESHAP Matrix
(residential structures of 4 units or less- no condos,
apartments or commercial buildings)

TYPE OF STRUCTURE

Sound structure (structure that is able to be thoroughly
inspected)

ACTIVITY


NESHAP



Disposal
ACWM waste - State asbestos permitted landfill (Type 1 or 2)
C&D waste - No requirements (handle according to State/local
requirements)
FLEXIBILITY WITH NAA LETTER - None
LDEQ Protocol to Comply with the LESHAP Regulations
I. Structures Not Subject to Asbestos Demo/Reno
Regulations
If a residential structure has been effectively demolished by
a hurricane; collection, treatment and disposal of the debris
is not regulated.
Letter dated November 9, 2005, EPA (Coleman) to US Army
Corps of Engineers (Smithers), states: “If a building or other
structure was totally destroyed by a hurricane, then the
National Emission Standard for Asbestos, 40 C.F.R. Part 61,
Subpart M (Asbestos NESHAP) does not apply to any
subsequent activities. For such destroyed structures, you
may immediately begin removal and proper disposal of the
resulting debris.”
LDEQ Protocol to Comply with the LESHAP Regulations
II. Structures Not Subject to Asbestos Demo/Reno Regulations
Demolition/Renovation conducted by homeowners or the
homeowner’s contractor is not subject to the Asbestos
Demolition regulations.
References: 40 CFR Subpart M. § 61.154 and
LAC 33:III.Subchapter M. Section 5151.B Definition of Facility
- 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); any ship; and any active or inactive waste disposal
site. For purposes of this definition, any building, structure, or installation
that contains a loft used as a dwelling is not considered a residential
structure, installation, or building. Any structure, installation or building
that was previously subject to this Subchapter is not excluded, regardless
of its current use or function.
LDEQ Protocol to Comply with the LESHAP Regulations
Demolition of Residential Structures Conducted as a
Result of a Government Order are Regulated
Regulated Residential Structures
Multiple buildings being demolished as a result of the hurricanes in
accordance with a government order are considered an
“installation” as defined in the asbestos LESHAP.
Installation - any building or structure or any group of buildings or
structures at a single demolition or renovation site that are under
the control of the same owner or operator (or owner or operator
under common control).
Because of this definition, the demolitions of multiple residential
structures are regulated.
LDEQ Protocol to Comply with the LESHAP Regulations
EPA No Action Assurance Letters for Structurally
Unsound Residences
No Action Assurance Letters
EPA letters dated February 3, 2006, and February 24, 2006
include:
1. Residences that are structurally unsound and in danger of imminent
collapse,
2. Residences that are subject to a government issued demolition
order because the structure has been moved off of its foundation, and
3. Residences that are subject to government issued demolition orders
because they are uninhabitable for other environmental reasons
(e.g., from excessive flood damage rendering the home uninhabitable).
LDEQ Protocol to Comply with the LESHAP Regulations
Demolition of Unsound Residential Structures
Unsound Homes Constructed Prior to January 1, 1980
No asbestos inspections are required.
1. Since no inspections are conducted, construction & demolition debris
is assumed to contain Regulated Asbestos-Containing Material
(ACWM).
2. All LESHAP regulations apply:
Licensing, Accreditation, Notification (AAC-2), wetting during
demolition, bagging, labeling, use of manifests or Asbestos Disposal
Verification Forms, (ADVFs), and wetting during transportation, and
disposal.
3. Disposal in a solid waste/asbestos approved Type 1 (Industrial) or 2
(Municipal & Commercial) Landfill is required.
LDEQ Protocol to Comply with the LESHAP Regulations
Demolition of Unsound Residential Structures
Unsound Homes Constructed On or After January 1, 1980
1. No asbestos inspections are required.
2. Since no inspections are conducted, construction & demolition debris
is assumed to contain Potential Asbestos-Containing Material (PACM).
3. All LESHAP regulations apply:
Licensing, Accreditation, Notification (AAC-2), wetting during
demolition, bagging, labeling, use of manifests or Asbestos Disposal
Verification Forms (ADVFs) during transportation, and disposal.
4. Disposal in an enhanced solid waste/asbestos C&D landfill is required.
LDEQ Protocol to Comply with the LESHAP
Regulations
Demolition of Unsound Residential Structures
Recommendations for Demolition of Residential Structures
Containing Asbestos-Containing Waste Material (ACWM)
1. Each structure should be knocked down in a controlled manner to
minimize excess breakage of asbestos containing material. Debris
should be wetted/misted during demolition, interim staging, and
loading activities.
2. Load C&D debris into polyethylene lined dumpsters that are leaktight.
3. Label, and transport to the appropriate landfill with ADVF.
4. Category I asbestos containing material (vinyl tile, mastic, etc.) need
not be removed and segregated from the C&D debris if it does not have
a high probability of becoming friable. If this material does not become
friable by the forces expected to act on the material in the course of
demolition, it may be disposed at an approved C&D landfill.
LDEQ Protocol to Comply with the LESHAP Regulations
Demolition of Sound Residential Structures
Structurally Sound Homes
1. A “thorough inspection” by an asbestos inspector accredited by
the LDEQ may be performed.
(See attached “LDEQ Inspection Protocol for a “thorough inspection”)
2. If a thorough inspection is performed, and no regulated ACM is
found, the Construction and Demolition (C&D) debris is disposed
in an approved C&D debris (Type 3) landfill.
3. If a thorough inspection is performed, and regulated ACM or nonregulated ACM is found and removed, the ACWM must be disposed
in an approved Type 1 or 2 landfill. The non-regulated ACM may be
disposed in a designated area of an approved C&D landfill, and the
remaining C&D debris may be disposed in an approved C&D debris
landfill.
4. If a thorough inspection is not performed, the C&D debris is
assumed to be regulated, and the ACWM must be disposed in an
approved Type 1 or 2 Landfill.
LDEQ Protocol to Comply with the LESHAP Regulations
Removal of RACM from Inside Sound Structures
Shut windows and doors. If they cannot be shut, install critical
barriers (e.g. polyethylene sheeting). Sufficient wetting is required
to manage emissions during removal, bagging, and disposal.
a.
b.
c.
d.
e.
f.
g.
h.
Negative air is not required;
The wet method must be employed to remove the Regulated ACM;
Regulated ACM waste must be bagged and labeled;
Bulk material left behind must be visually inspected and cleaned
appropriately;
No air monitoring clearance is necessary;
Walls, ceilings, floors, etc. must be encapsulated to ensure ACM
fibers are not being released during demolition and loading;
Follow demolition procedures as noted in this Guidance; and
Use OSHA worker protection guidelines.
Appendix A
LDEQ Inspection Protocol for
“thorough inspections”
Regulated Asbestos-Containing Material (RACM) is:
 Friable asbestos material;
 Category I nonfriable ACM that has become friable;
 Category I nonfriable ACM that will be or has been
subjected to sanding, grinding, cutting, or abrading, in
accordance with 40 CFR Subpart M-National Emission Standard
for Asbestos, 61.141. Definitions; and
 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.
Appendix A
LDEQ Inspection Protocol for
“thorough inspections”
A thorough inspection includes:
Visual inspection - (all suspect Asbestos Containing Material (ACM) is
identified and sampled or is presumed to be positive for asbestos.)
Sampling – Use AHERA protocol
Category I (vinyl asbestos tile, window caulking, etc.). No sampling is
necessary if in good condition & may be left in the structure during
demo
Category II – (cementitious material such as roofing shingles and
siding may be assumed asbestos
Waste Accepted at
“ENHANCED” C & D LANDFILLS
 Post-1980 Unsound residential structures
that are subject to government issued
demolition orders because they are
structurally unsound and in danger of
imminent collapse, or uninhabitable for
other environmental reasons.
LDEQ REQUIREMENTS FOR
“ENHANCED” C & D LANDFILLS
 C&D site must give prior notice to the LDEQ
indicating their request to perform
enhanced C&D activities,
 Submit an Operational Plan that meets the
Requirements for Enhanced C&D landfills,
and
 Receive advanced approval by LDEQ prior
to taking the waste.
LDEQ REQUIREMENTS FOR
“ENHANCED” C & D LANDFILLS
 Adequate Perimeter Air Monitoring
 (sampling pump 1 liter/ minute 8 hr TWA)
 Sample Methods:
 NIOSH 7400 – PCM (Phase Contrast Microscopy)
(as long as the sample does not exceed ½ the PEL)
 NIOSH 7402 - TEM (Transmission Electron
Miscroscopy)
 LELAP (La. Environmental Lab Accreditation Program)
 Sample turn-around - 48 hours
LDEQ REQUIREMENTS FOR
“ENHANCED” C & D LANDFILLS
Detection Limits
 i. The sample method detection limit shall
be 0.01 – 0.02 f/cc
 ii. The OSHA permissible exposure limit
(PEL) for asbestos fibers is 0.1 f/cc
 Iii. If the sample exceeds more than ½ the
PEL (more than.05 f/cc), the sample is
analyzed by TEM.
LDEQ REQUIREMENTS FOR
“ENHANCED” C & D LANDFILLS
Record Keeping
i. Chain of Custody documentation shall be kept to
document and verify samples,
ii. Calibration checks shall also be recorded,
iii.All records required by this section shall be
maintained for 2 years, and
iv.All records required by this section shall be
maintained on-site and be made available for
inspection purposes or at the request of the
Department.
LDEQ REQUIREMENTS FOR
“ENHANCED” C & D LANDFILLS
Notification and Response Actions
i. Sample results indicating asbestos fibers above the OSHA
PEL of 0.1 f/cc - Notify LDEQ’s Single Point of Contact
(SPOC) 225-219-3640 within 1 hour.
ii. Cease operations - investigate to determine the source of
the asbestos fibers.
iii.Report results of the investigation in writing to SPOC
within 24 hours of completing the investigation.
iv.Implement appropriate corrective action.
v. Once approved, may begin site operations. Frequency of
sampling shall return to daily.
LDEQ REQUIREMENTS FOR
“ENHANCED” C & D LANDFILLS
Reporting of Air Monitoring and Sampling Results
i. During the first quarter (3 month period)
 Monthly reporting
ii. After the first quarter of operation
 Semi- annual reporting (every six months), and
iii.Use LDEQ approved air monitoring report form
 Submit completed forms to the Office of Environmental
Services, Air Permits Division, ATTN: Jodi Miller.
LDEQ REQUIREMENTS FOR
“ENHANCED” C & D LANDFILLS
Follow LESHAP Regulations
LAC 33:III.Subchapter M, Section 5151.N
Active Disposal Waste Sites
1. No Visible Emissions
2. Daily Cover
- 6 inches of compacted nonasbestos-containing
material, or
- petroleum-based or other dust suppression agent,
or
- alternative emissions control method.
LDEQ REQUIREMENTS FOR
“ENHANCED” C & D LANDFILLS
Follow LESHAP Regulations
LAC 33:III.Subchapter M, Section 5151.N
Active Disposal Waste Sites
Warning signs
- Must be easily read
- 20 inch × 14 inch upright format signs
- Conform to a certain legend
LDEQ REQUIREMENTS FOR
“ENHANCED” C & D LANDFILLS
Follow LESHAP Regulations
LAC 33:III.Subchapter M, Section 5151.N
Active Disposal Waste Sites
 Must be fenced in a manner adequate to deter
access by the general public.
 Upon request, the Department will determine
whether a fence or a natural barrier adequately
deters access by the general public.
LDEQ REQUIREMENTS FOR
“ENHANCED” C & D LANDFILLS
Follow LESHAP Regulations
LAC 33:III.Subchapter M, Section 5151.N
Active Disposal Waste Sites
- Maintain waste shipment records (LDEQ ADVFs)
- Copies to the generator & LDEQ w/in 30 days
- Submit discrepancy reports, if needed
- Maintain records for 2 years
LDEQ REQUIREMENTS FOR
“ENHANCED” C & D LANDFILLS
Follow LESHAP Regulations
LAC 33:III.Subchapter M, Section 5151.N
Active Disposal Waste Sites
- Maintain records on location, depth and area, and
quantity
- Upon closure, submit records to LDEQ
- Notify the Department in writing at least 45 days
prior to excavating
LDEQ Demolition Debris Matrix
A. Pre-1980 Unsound Residential Structures
Government ordered, 4-plex and smaller







No inspection required
No segregation required
Mechanical demolition allowed
Wet method applied
Clear poly lined dumpster
All waste to a Type 1 or 2 landfill
No Action Assurance letter is not required
LDEQ Demolition Debris Matrix
B. Post-1980 Unsound Residential Structures
Government ordered, 4-plex and smaller







No inspection required
No segregation required
Mechanical demolition allowed
Wet method applied
Clear poly lined dumpster
All waste to an Enhanced C&D debris Landfill
Complies with NAA
LDEQ Demolition Debris Matrix
C. Pre-1980 Sound Residential Structures
Government ordered, 4-plex and smaller







Inspection by accredited asbestos inspector required
Segregation – asbestos abatement required
Mechanical demolition allowed for C&D after removal of ACM
Wet method applied
Clear poly lined dumpster
ACWM to a Type 1 or 2 landfill
Segregated Category II (siding/shingles) to be disposed in a C&D
approved landfill that accepts Cat II or a Type 1 or 2 Landfill
 All remaining C&D waste to a C&D Landfill
 No Action Assurance letter is not required
LDEQ Demolition Debris Matrix
D. Post 1980 Sound Residential Structures
Government ordered, 4-plex and smaller







Inspection by accredited asbestos inspector required
Segregation – asbestos abatement required
Mechanical demolition allowed for C&D after removal of ACM
Wet method applied
Clear poly lined dumpster
ACWM to a Type 1 or 2 landfill
Segregated Category II (siding/shingles) to be disposed in a C&D
approved landfill that accepts Cat II or a Type 1 or 2 Landfill
 All remaining C&D waste to a C&D Landfill
 No Action Assurance letter is not required
QUESTIONS
 For questions, you may contact:
Jodi G. Miller at LDEQ 225-219-3004 or
[email protected]
David Eppler at EPA 214-665-6529 or
[email protected]