Asbestos NESHAP Inspection and Safety Procedures Course Chapter 4 Asbestos NESHAP Regulation The instructor must have an excellent working knowledge of the asbestos NESHAP regulation. To prepare for teaching the topic, instructors should review the regulation, Chapter 4 of the student manual, and these slides. If there are a variety of local, state, and/or federal agency staff in attendance, and if time allows, brief discussions of program and interpretation differences would be beneficial to the group as different topics are presented. Instructors should take questions throughout the presentations but should keep the course on schedule and not allow too much deviation from the agenda. 2014

Topics Introduction History Asbestos NESHAP 40 CFR Part 61, Subpart M Appendix A – Roof Removal Operations Title slide for this section.

A note before we begin… This section is an overview of the asbestos NESHAP requirements. For a full understanding and more detail of the NESHAP read: Chapter 4 in the course manual and the asbestos NESHAP regulation EPA’s guidance document, “Demolition Practices Under the Asbestos NESHAP” Chapter 4 breaks down the regulation by section to illustrate the main points that inspectors should know to conduct asbestos NESHAP inspections. All students should have at least some elementary knowledge of the regulation. However, be prepared for the possibility that one or more students may not have been exposed to the regulation nor may they have taken the suggested prerequisite self-instructional course. Inspectors must read and understand the regulation to be fully effective on the job.

EPA Legal Authority - Asbestos Statute: Clean Air Act – Section 112 National Emission Standards for Hazardous Air Pollutants (NESHAP) Regulation: 40 CFR Part 61, Subpart M Asbestos NESHAP The CAA is the enabling statute for the asbestos NESHAP regulation Statute; the law…Regulations; the language drafted by the Agency (with public participation; comment periods, public meetings) to explain to the public how to meet the law

Asbestos NESHAP Overview Examples of substances regulated by EPA’s NESHAP program: Asbestos Benzene Chlordane Formaldehyde Future references to the “NESHAP” in this course mean the asbestos NESHAP There are “NESHAP” regulations for many substances. We refer to the NESHAP regulation that regulates asbestos as the “asbestos NESHAP.” For simplicity here, this program is about asbestos, so when we say NESHAP here, we are inferring the asbestos NESHAP.

Brief Asbestos NESHAP Overview Applies to all facilities except single residential buildings having 4 units or less, with exceptions Requires a thorough inspection before disturbance Requires controlled removal of Regulated Asbestos Containing Materials (RACM) to avoid disturbance during demolition or renovation See slide bullets. Describe each. Each point will be addressed in this chapter. Relative to the first bullet, If a single family home or 4 and fewer dwelling units is demolished as part of a larger project( ie., for a convention center or airport), it IS SUBJECT to the NESHAP.

Brief Asbestos NESHAP Overview (cont.) Prior notification to EPA or the designated local/state NESHAP program Yes for all demolitions Maybe for renovations Requires proper management during disturbance of RACM and disposal to avoid release of fibers Continuation slide. Continue description of bullets.

NESHAP Information Asbestos NESHAP policy information: Applicability Determination Index (ADI) http://cfpub.epa.gov/.adi Stationary source compliance/guidance Technology Transfer Network (TTN) http://www.epa.gov/ttn These sites are excellent sources for clarification letters, future amendments to the NESHAP and other items to help the inspector know how the regulation has been interpreted over the years. Also, AD's are one-time specific, and are not widely applicable to the larger regulated entities.

Asbestos NESHAP History 1973 – Addressed demolitions and banned spray-applied asbestos such as fireproofing 1975 – Addressed renovations and banned wet-applied such as pipe/boiler insulation and (thermal system insulation) pre-molded insulation 1978 – Addressed work practices and banned application of decorative uses such as textured ceilings Significant dates in the asbestos NESHAP.

Asbestos NESHAP History (cont.) 1984 – Repromulgation to address work practices 1990 – Repromulgation to address notification and waste/disposal 1993 Technical Update – Labeling citation directed to appropriate OSHA regulation 1994 – Addition of Appendix A to address roof removal Continuation slide. Significant dates in the asbestos NESHAP

Asbestos NESHAP Sections § 61.140 - Applicability § 61.141 - Definitions § 61.145 – Standard for Demo/Renovations § 61.150 – Waste disposal § 61.151 – Inactive waste disposal sites § 61.153 – Source reporting requirements § 61.154 – Active waste disposal sites § 61.155 – Conversion Process § 61.157 – Delegation of authority Sections within the regulation. The symbol § is for “section,” in this case, the specific section of 40 CFR (Code of Federal Regulations) Part 61 Subpart M.

§ 61.140 - Applicability Asbestos mill operations Roadway surfacing Product manufacturing Demolition/renovation operations Spraying of ACM Fabricating operations Use of insulating materials This slide shows how the NESHAP applies (“applicability”) to asbestos-related issues. Some of these issues such as mill operations and spraying of ACM are not frequently encountered today. Check mark/gold colored items denotes sections we’ll discuss during this program

§ 61.140 – Applicability (cont.) Waste disposal for asbestos mills Waste disposal for other ACWM Inactive waste disposal site closure and maintenance Air-cleaning device operation Information reporting Active waste site disposal operation Conversion operations Continuation slide. ACWM - asbestos containing waste materials

Selected definitions to be highlighted in the course. 40 CFR § 61.141 Definitions Adequately wet Asbestos Asbestos-containing waste materials Category I nonfriable ACM Category II nonfriable ACM Demolition Emergency renovation Facility Friable asbestos material Glove bag Inactive waste disposal site In poor condition Installation Leak-tight Natural barrier Outside air Owner or operator Regulated asbestos-containing material Renovation Visible emissions Waste shipment record Working day Selected definitions from the NESHAP will be addressed. Note for “definitions” slides … these are very brief descriptions of terms. Many of these terms will be used later in this Chapter and in the remainder of the course. Selected definitions to be highlighted in the course.

Adequately wet To sufficiently mix or penetrate with liquid to prevent the release of particulates “Surfactant” is a mixture of chemicals and water designed to assist in absorption and adsorption. Water containing surfactants is sometimes referred to as “amended water.” Note the document number on the EPA document photo. Though out of print, it can be found on EPA web sites. This is a guidance document, not a regulation. This means that there can be some flexibility in use, depending on the circumstances of a particular situation. EPA 340/1-90-019

Asbestos Serpentine (chrysotile) Amphiboles Riebeckite (crocidolite) Cummingtonite-grunerite (amosite) Anthophyllite Actinolite-tremolite The regulated asbestos minerals as found in the NESHAP. The purpose of this slide is to remind students of the six asbestos minerals as presented earlier in the course.

Asbestos-Containing Waste Materials ACWM – waste containing commercial asbestos generated by a source regulated by the NESHAP Friable asbestos waste material Control device filters Contaminated bags/packaging Contaminated materials; e.g., disposable equipment and clothing The acronym ACWM will be used throughout this program. Bullets describe the types of regulated wastes.

Category I Nonfriable ACM … asbestos-containing packings, gaskets, resilient floor covering, and asphaltic roofing products containing >1% asbestos … Category I nonfriable asbestos-containing material definition. Be sure that students understand that the term includes these four materials. Nonfriable materials can become friable during demolition/renovation activities.

Category II Nonfriable ACM … any material excluding Category I nonfriable ACM containing >1% asbestos … Category II nonfriable ACM is any nonfriable material other than the four types of materials listed in Category I. TM

Demolition The wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations The intentional burning of any facility Demolition is not just razing a building. See slide text. Burning a building (for example, a fire department conducting bona fide fire training - practice burns) is subject to NESHAP requirements including inspection and removal of all ACM.

Emergency Renovation Operation An unplanned, sudden, unexpected event that could, if not immediately attended to: present a safety or public health hazard damage equipment impose an unreasonable financial burden Explain definition. This is generally a sudden and unexpected event. The Owner/Operator often want to take advantage of this when they get caught by a NESHAP inspector, even though they have known about the renovation/demolition for weeks or months.

Facility Any institutional, commercial, public, industrial, or residential structure, installation or building Excludes residential buildings with ≤ 4 dwelling units Ships - common interpretation – commercial vessels, not pleasure craft Active or inactive waste disposal sites Previously regulated structures regardless of current use Explain definition.

Friable Asbestos Material When dry, can be crumbled, pulverized, or reduced to powder by hand pressure If <10%, verify with point counting using polarized light microscopy (PLM)

Glove Bag Sealed compartment Attached inner gloves Allows handling of ACM inside work area enclosures Briefly explain what a glovebag is and how it is used. This will be reviewed in more detail in a Chapter 8.

Inactive Waste Disposal Site A disposal site where no ACWM has been deposited within the past year. Explain term from slide.

In Poor Condition … the binding of the material is losing its integrity … peeling, cracking or crumbling … Explain definition.

Installation Any building or structure or any group of buildings or structures at a single demolition/renovation site that are under the control of the same owner or operator (or owner or operator under common control) Explain definition. An important factor in defining an installation surrounds who is in control during NESHAP-related work – who is the owner/operator. If it is an installation, there are multiple jobs in different buildings, and a single person is in charge of the operations of the installation, that person is responsible for all work on the installation. Example: There are multiple demolition contractors working within an installation. If a noncompliance situation is identified, the demolition contractors (operator) can be cited. If there is a general contractor in control of the demolition contractors (operator), that person/firm can be cited and the owner that has control of the installation can be cited.

Leak-Tight Solids or liquids cannot escape or spill out Dust-tight Explain definition.

Natural Barrier Natural object that precludes or deters access Lakes or other large bodies of water Deep/wide ravines and cliffs Mountains The remote nature of a site DOES NOT constitute a natural barrier Explain definition. Natural barriers are used to protect the public from exposure. This terminology is often used in reference to public access to waste sites.

Nonfriable ACM A material with >1% asbestos that, when dry, cannot be crumbled, pulverized or reduced to powder with hand-pressure Explain definition.

Outside Air Air outside buildings and structures This includes air under bridges at open-air ferry docks Explain definition and relevance. Open air is generally assumed to be accessible to the general public. The asbestos NESHAP is designed to control asbestos emissions to the outside air, since a safe concentration of asbestos in the air has not been identified.

Owner or Operator A person who owns, leases, operates, controls or supervises: a facility being demolished or renovated and/or a demolition or renovation operation Explain definition.

RACM Regulated Asbestos Containing Material Friable ACM Category I nonfriable ACM which has become friable Category I nonfriable ACM which has been/will be sanded, ground, cut or abraded Category II nonfriable ACM which has a high probability to become or has become friable Note: Some local/state programs define RACM more stringently; e.g., wallboard joint compound can be regulated as RACM. Explain definition. It is imperative that the students have a very clear understanding of the information on this slide.

Renovation Altering a facility or one or more facility components in any way Includes stripping or removal of RACM from a facility component Explain definition.

Visible Emissions Emissions coming from RACM or ACWM that are visually detectable without the aid of instruments Excludes condensed uncombined water vapor from a scrubber Explain definition. The control of choice for asbestos is a baghouse w/ HEPA filter, NOT a scrubber.

Waste Shipment Record Must originate with, and be signed by, the waste generator Tracks and substantiates disposition of ACWM See Figure 4-4 in the student manual. The forms/format seen in the CFR are examples only. The format shown in this slide is an example of how the data elements could be formatted. They are not EPA approved forms. Most local/state programs have their own version of this form, as determined by each state. Waste hauler forms used by various waste firms like BFI and Waste Management do not replace the requirement for state/federal waste shipment records.

Working Day Weekdays – Monday through Friday Includes holidays falling on weekdays Explain definition.