A7-+Air+Monitoring+Regulatory+Guidance.pdf

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Attached to
Asbestos Continuous Air Monitoring and Final Air Clearance at the Ely Elementary School located in Rugby, ND (207 2nd St SW)
Solicitation number
303-23-021
Issued by
Pembina County, North Dakota

About this file

This document is a Regulatory Guidance for Asbestos Abatement Air Monitoring issued by the North Dakota Department of Environmental Quality (NDDEQ), specifically the Asbestos Control Program. The guidance details federal regulations related to asbestos monitoring and abatement, including five key regulatory frameworks: OSHA standards for general and construction industries, EPA National Emission Standards for Hazardous Air Pollutants (NESHAP), and regulations under the Asbestos Hazard Emergency Response Act (AHERA). The document provides comprehensive information about regulatory requirements for asbestos work across various settings, including industrial, construction, school, and commercial environments.

The guidance outlines specific contact information for agencies responsible for different aspects of asbestos regulation, including the US EPA Region 8 Toxics Enforcement Unit, US Occupational Safety & Health Administration's Bismarck Office, and the North Dakota Department of Environmental Quality's Asbestos Control Program. The document emphasizes that compliance with all applicable regulations is the contractor's responsibility and provides detailed information about training and accreditation requirements for workers, supervisors, inspectors, and project designers involved in asbestos-related work. The guidance is updated as of May 2024 and serves as a reference for understanding the complex regulatory landscape surrounding asbestos abatement and monitoring.

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Text version

4201 Normandy Street | Bismarck ND 58503-1324 | Fax 701-328-5200 | deq.nd.gov

Director’s Office Division of Division of Division of Division of Division of Chemistry 701-328-5150 Air Quality Municipal Facilities Waste Management Water Quality 701-328-6140

701-328-5188 701-328-5211 701-328-5166 701-328-5210 2635 East Main Ave Bismarck ND 58501

REGULATORY GUIDANCE FOR ASBESTOS ABATEMENT AIR MONITORING

This document is intended to serve as regulatory guidance for conducting air monitoring and final clearance activities during asbestos abatement activities.

Federal regulations for asbestos air monitoring have been established by the Occupational Safety and Health Administration (OSHA) and by the Environmental Protection Agency (EPA). These regulations, and a brief description of their contents, are listed below:

1. 29 CFR 1910.1001 – Asbestos. (General Industry). Applies to all occupational exposures to asbestos in all industries covered by the Occupational Safety and Health Act, except those regulated under the shipyard (29 CFR 1915) or construction (29 CFR 1926) standards.

2. 29 CFR 1926.1101 – Asbestos. (Construction Industry). Regulates construction work, including demolition or salvage of structures; installation, removal, or encapsulation of asbestos; construction, alteration, repair, maintenance, or renovation of structures containing asbestos; spills and/or emergency cleanup; and transportation, disposal, storage, or containment of asbestos. Requirements are based on class of asbestos work (Classes I through

IV).

3. 40 CFR 61 - National Emission Standards for Hazardous Air Pollutants (NESHAP), Subpart M - National Emission Standard for Asbestos.

Regulations for environmental protection from asbestos emissions, including milling; roadways; asbestos manufacturing, demolition and renovation; spraying;

fabricating; insulating materials; waste disposal; and asbestos conversion operations. Regulates by friability (friable asbestos-containing materials [ACM], nonfriable Category I and nonfriable Category II ACM).

4. 40 CFR 763 - Asbestos, Subpart E - Asbestos-Containing Materials in Schools; and Subpart G - Asbestos Worker Protection. Regulations promulgated under the authority of the Asbestos Hazard Emergency Response Act (AHERA). These regulations apply specifically to elementary and secondary schools, grades K- 12, including schools located on military installations.

5. 40 CFR 763 - Asbestos, Subpart E, Appendix C - Asbestos Model Accreditation Plan (MAP). Pursuant to the authority under the Asbestos School

Hazard Abatement Reauthorization Act (ASHARA), the AHERA asbestos training and accreditation requirements were extended to persons doing asbestos work in public and commercial buildings in the following disciplines: workers, supervisors, inspectors and project designers. This includes federal employees on federal property. The MAP specified minimum training requirements for workers, contractors/supervisors, inspectors, management planners, project designers and project monitors. Management Planner is an AHERA (i.e., schools) discipline and is not a discipline covered by ASHARA with respect to public and commercial buildings. The Project Monitor discipline is not included in AHERA or ASHARA but is included in the MAP since some states had established this discipline as a state requirement. The MAP recommends that training for Project Monitors should conform to the MAP curriculum.

Please note nothing in this document supersedes or replaces any applicable state or federal regulatory requirements. Compliance with all applicable regulations is the duty and responsibility of the contractor.

The table below contains contact information for specific topics related to asbestos abatement and monitoring activities.

Topic Agency Contact Information

Applicability of AHERA requirements.

US EPA Region 8 Toxics Enforcement Unit

Kristin Jendrek 303-312-6126 jendrek.kristin@epa.gov

Applicability of OSHA requirements.

US Occupation Safety & Health (Bismarck Office)

Scott Overton 701-250-4521

North Dakota Asbestos Emission Standards, licensing and certification, and project monitoring.

North Dakota Department of Environmental Quality Asbestos Control Program

Brian O’Gorman 701-328-5177 bogorman@nd.gov

Updated May 2024

File details come from the government source that posted it. Updated .