Attachment 7 Guidance Document for Managing Hazardous Materials in IHS Facilities.pdf

Guidance Document for Managing Hazardous

MATERIALS IN IHS BUILDINGS

Version 1.2

January 2006

ATTACHMENT 7

7 5 H 7 0 1 2 3 R 0 0 0 6 3 K a y e n t a S t a f f Q u a r t e r s A b a t e m e n t a n d D e m o l i t i o n

Managing Hazardous Materials in IHS Buildings

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Table of Contents

BACKGROUND

DEFINITIONS

SECTION 1: ROUTINE BUILDING OPERATIONS

ASBESTOS

LEAD

PCBs

MERCURY

HAZARDOUS WASTE

UNDERGROUND STORAGE TANKS

REGULATED REFRIGERANTS

RADON

CHECKLIST1: EXISTING BUILIDINGS

SECTION 2: RENOVATION AND CONSTRUCTION

ASBESTOS

LEAD

PCBs

MERCURY

HAZARDOUS WASTE

REGULATED REFRIGERANTS

CHECKLIST 2: RENOVATION AND CONSTRUCTION

SECTION 3: DEMOLITION

ASBESTOS

LEAD

PCBs

MERCURY

HAZARDOUS WASTE

UNDERGROUND STORAGE TANKS

REGULATED REFRIGERANTS

CHECKLIST 3: DEMOLITION

SECTION 4: BUILDING TRANSFER

CERCLA and Environmental Liabilities

ASBESTOS

LEAD

PCBs

MERCURY

HAZARDOUS WASTE

UNDERGROUND STORAGE TANKS

REGULATED REFRIGERANTS

RADON

CHECKLIST 4: PROPERTY TRANSFER

talmaraz Highlight

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Appendices A: Regulatory References and Hyperlinks B: National Emission Standard For Hazardous Air Pollutants (NESHAP) C: Asbestos Hazard Emergency Response Act (AHERA) D: Asbestos Information Sheet E: RCRA Regulatory Requirements for Hospitals

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BACKGROUND

Many of the IHS buildings were constructed during the time period when Asbestos, LBP, PCBs, and Mercury were commonly used/installed in buildings/building components/equipment. Management of hazardous materials in IHS facilities can be challenging due to the remote location of many of the facilities (specialized/abatement contractors, waste disposal facilities, training programs, etc. are not readily available).

As programs expand/change buildings require expansion, renovation, and/or demolition. The transfer of buildings to tribal entities (638/Compacting) will also include management, abatement, and/or environmental assessments/notification as part of that transfer process. In some instances regulations dictate how hazardous materials are managed, and in others "best management practices" provide guidance on how hazardous materials should be managed. The purpose of this document is to provide guidance on management of hazardous materials located in IHS buildings (Asbestos, LBP, PCBs, USTs, Mercury, etc.) during routine operations, renovations, demolitions, and transfers.

This document is presented in four sections based on the status of the building: Routine Building Operations, Renovation, Demolition, and Property Transfer. The hazardous materials issues and regulations that are associated with the activity are detailed in each section. The document was organized in this way to accommodate the target audience of building managers and supervisors.

Section 1, Routine Building Operations, includes background information on each hazardous substances or regulation. This information is not repeated in the subsequent sections.

This document does not cover all environmental considerations associated with building management and property transfer. Rather, the scope is limited to the most common hazardous substances and associated regulations. Medical waste management is also not covered. Other environmental regulations that may impact building operations and transfers include but are not necessarily limited to the National Environmental Policy Act, National Historic Preservation Act, and the Floodplains and Wetlands Executive Orders. Facility managers should be knowledgeable of the applicable Federal, state, tribal, and local environmental laws and regulations that are not covered in this document and should consult with the appropriate regulatory agencies, if needed.

It should also be clearly understood that hazardous materials are still legally being used in commercial products/construction materials and that care needs to be taken when ordering/purchasing/specifying these materials. Many roofing products (mastics/wet patch, cement tiles, etc.), water piping (cement/tile piping), flooring products (mastics and tile), and numerous other materials contain asbestos. These products are frequently labeled as containing chrysotile mineral fibers (the label may not state asbestos). Chrysotile is a common form of asbestos that is legally used in numerous products.

Some commercial paints (parking lot striping paint, marine paint, etc.) contain lead that is legal as long as it is not used on residences or other child occupied facilities. Although it may be “legal” to use these products it is not recommended and contract specifications should clearly state that asbestos (in any form) and lead-based paint are shall not be used in any construction/renovation projects. The architect and general contractor should be reminded of this at any pre-construction meetings. The general contractor needs to ensure that sub-contractors (roofers, flooring, painters, etc.) are provided with the same information concerning use of hazardous materials.

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DEFINITIONS

I. Asbestos Abatement – means the removal or encapsulation of asbestos-containing materials contained in buildings.

Asbestos-Containing Material (ACM) - means any material containing more than one percent asbestos.

AHERA – means the Asbestos Hazards Emergency Response Act.

Categories of Asbestos (applies to air emissions and disposal)-

Category I - nonfriable ACM - means asbestos-containing materials such as packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in 40 CFR Part 763, Appendix A, Subpart F, Section 1, Polarized Light Microscopy. This category contains ACM with the least potential to create an airborne hazard when disturbed.

Category II - nonfriable ACM means any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using the methods specified, in Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

Regulated Asbestos - containing materials (RACM) means (a) Friable asbestos material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) 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.

Classes of Asbestos Work (OSHA Work Classes apply to renovation and construction)-

Class I Asbestos Work - means activities involving the removal of thermal system insulation (TSI), Fire Proofing/Sprayed on material, or Surfacing ACM. The highest level of workplace containment (high efficiency particulate air (HEPA) exhausted enclosure) and worker protection is required.

Class II Asbestos Work - means activities involving the removal of ACM, which is not thermal system insulation or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.

Class III Asbestos Work - means repair and maintenance operations, where "ACM," including TSI and surfacing ACM and PACM, may be disturbed.

Class IV Asbestos Work - means maintenance and custodial construction activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste and debris resulting from Class I, II and III activities.

• NOTE: The removal of intact cements, coatings, mastics, & flashings during roofing work is not covered by the class system (limited controls are required - NESHAP Appendix A, Subpart M).

Demolition - involves the wrecking or taking out of any load-supporting structural members of the facility, whether or not there is regulated asbestos containing materials (RACM) on these members.

Any related handling operations (such as clean-up of demolition rubble) or intentional burning of the facility are also subject to this definition.

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Friable ACM - contains more than 1 percent asbestos and can be crumbled, pulverized, or reduced to powder by hand pressure. Examples include thermal system insulation, surfacing materials, and linoleum-backing material that has become friable. Some ‘non-friable’ materials may become friable when highly weathered or damaged, such as crushed asbestos siding, piping or transite panels.

Manage In Place - means to properly maintain ACM so that fibers are not released.

Operations and Maintenance (O&M) Plan - is a written document that specifies plans and procedures for inspecting, maintaining and abating ACM within a building.

Nonfriable ACM - contains more than 1 percent asbestos cannot be crumbled, pulverized, or reduced to powder by hand pressure. Examples include vinyl asbestos floor tiles, mastics, tars and cement type products (transite shingles, siding and water piping).

Presumed Asbestos-Containing Material (PACM) - means thermal system insulation and surfacing material found in buildings constructed no later than 1980 (when asbestos was banned from these particular products). The designation of a material as "PACM" may be rebutted following procedures specified in the standard.

Surfacing ACM - means material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes) and that contains more than 1% asbestos.

Thermal System Insulation (TSI) ACM - means ACM applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat loss or gain and that contains more than 1% asbestos.

II. Lead Abatement- means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Note that abatement does not necessarily mean removal. Enclosure and encapsulation are acceptable means of abatement as long as they are designed to last at least 20 years (permanent controls). Also, abatement does not include renovation, remodeling, landscaping or other activities, when such activities are not designed to eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.

Buyer - means the individual, tribe or other entity that is taking possession of a building.

Certified individual l- is a person or firm who has completed specified training and qualifications to perform inspections, risk assessment or abatement. Certifications include certified firm, certified inspector, certified abatement worker, certified project designer, certified risk assessor and certified supervisor.

Child-occupied facility - means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, 6 years of age or under, on at least two different days a week at least 3 hours a day. Child-occupied facilities may include day-care centers, preschools and kindergarten classrooms.

Lead-Based Paint Clearance Levels- are 40 micrograms lead per square foot (ug/ft2) for floors, 250 ug/ft2 for windowsills, 400 mg/kg for soil around children play areas, and 1,200 mg/kg for soil outside of play areas.

Target housing- means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than 6 years of age resides or is expected to

-4-reside in such housing) or any zero-bedroom dwelling (efficiencies, studio apartments, dormitory housing, military barracks (see 40 CFR 745.103 for complete definitions).

III. PCBs PCB- Polychlorinated Biphenyl.

PCB Transformer- means a transformer that contains 500 ppm or greater PCBs.

PCB-Contaminated Transformer- means a transformer that contains between 50 and 499 ppm PCBs.

Regulated PCB Waste- means any liquid or solid that contains greater than 50 ppm PCBs (note- some states regulate PCBs at levels below 50 ppm).

TSCA- Toxics Substances Control Act

IV. Mercury HID- High Intensity Discharge Lamp

Mercury Containing Devices- includes devices, items, or articles that contain varying amounts of elemental mercury, including thermostats, barometers, manometers, temperature and pressure gauges, and mercury switches, such as light switches in automobiles. Other items currently classified as universal waste are batteries, thermostats, pesticides, and lamps.

Regulated Lamps- refer to the bulb or tube portion of electric lighting devices that have a hazardous component, usually mercury. Examples of common universal waste electric lamps include, but are not limited to, fluorescent lights, high intensity discharge, neon, mercury vapor, high-pressure sodium, and metal halide lamps.

V. Hazardous Waste CESQG- conditionally exempt small quantity generator

EPA- Environmental Protection Agency

LQG- large quantity generator

RCRA- Resource Conservation and Recovery Act

SQG-small quantity generator

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VI. Underground Storage Tanks LUST- Leaking Underground Storage Tank

UST- Underground Storage Tank

VII. CERCLA

ASTM- American Society for Testing and Materials

ASTM Phase I Environmental Site Assessment- defined as good commercial and customary practice for conducting an environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants within the scope of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and petroleum products.

CERCLA- Comprehensive Emergency Response Compensation and Liability Act

Remediation – means the removal or reduction of hazardous substances or petroleum products to below levels of concern to human health or the environment.

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SECTION 1: ROUTINE BUILDING OPERATIONS

A S B E S T O S

Overview Asbestos was used in a wide variety of building products. Intact and undisturbed asbestos materials generally do not pose a health risk. Asbestos materials become hazardous when, due to damage or deterioration, they release fibers into the air and are inhaled by building occupants. The fibers can accumulate in the lungs and lead to increased risk of respiratory disease and cancer. Ingestion is a secondary route of exposure, but typically only in highly contaminated environments. The following table lists some of these products that may be found in buildings. However, note that the list does not include every product/material that may contain asbestos.

List of Potential Suspect Asbestos - Containing Materials in Buildings

Cement Pipes Elevator Brake Shoes Cement Wallboard HVAC Duct Insulation Cement Siding Boiler Insulation Asphalt Floor Tile Breaching Insulation Vinyl Floor Tile Ductwork Flexible Fabric Connections Vinyl Sheet Flooring Cooling Towers Flooring Backing Pipe Insulation (corrugated air-cell, block, etc.)

Construction Mastics (floor tile, carpet, ceiling tile, etc.) Heating and Electrical Ducts Acoustical Plaster Electrical Panel Partitions Decorative Plaster Electrical Cloth Textured Paints/Coatings Electric Wiring Insulation Ceiling Tiles and Lay-in Panels Chalkboards Spray-Applied Insulation Roofing Shingles Blown-in Insulation Roofing Felt Fireproofing Materials Base Flashing Taping Compounds (thermal) Thermal Paper Products Packing Materials (for wall/floor penetrations) Fire Doors High Temperature Gaskets Caulking/Putties Laboratory Hoods/Table Tops Adhesives Laboratory Gloves Wallboard Fire Blankets Joint Compounds Fire Curtains Vinyl Wall Coverings Elevator Equipment Panels Spackling Compounds

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Best Management Practices In addition to the requirements listed in the following subsection:

Conduct complete asbestos surveys of each building.

Develop an asbestos operations and management (O&M) plan that details roles and responsibilities for managing asbestos in occupied buildings. The IHS asbestos management guidelines are incorporated by reference to the Environmental Protection Agency (EPA) manual entitled, “Managing Asbestos in Place – A Building Owner’s Guide to Operations and Maintenance Programs for Asbestos Containing Materials (Green Book)”. This EPA manual shall be used as the IHS standard for asbestos management. Information on this manual and other EPA asbestos manuals is available at the following internet link:

http://www.epa.gov/asbestos/pubs/buildings.html Update surveys/drawings as asbestos is abated.

Damaged asbestos containing materials should be reported to facility maintenance and repaired immediately.

Abatement versus management in place decisions involves consideration of numerous factors including: planned use of the facility, renovation plans, demolition plans, transfer plans, funding availability, and likelihood of fiber release. When a fiber release occurs staff, visitors, and/or patients can be exposed. This can result in OSHA and/or EPA fines, liability issues, and will most likely become an employee moral issue.

The following table outlines three factors associated with the likelihood of fiber release: Condition of the ACM (good, damaged, or significantly damaged); Friability of the ACM (friable, or not friable); and Ongoing risk of exposure of the ACM to damage (high, moderate, or low). All three factors must be included in the decision process. Combinations that will likely result in fiber release need to be prioritized for abatement whereas combinations that result in unlikely release of fibers would be placed into a management in place program. Combinations that fall in the middle could be placed into either the abatement or management in place categories depending on funding availability, future renovation, demolition plans, and/or transfer plans.

Asbestos Abatement Matrix: IHS Managed Building

Friable Non-

Friable Continued Exposure to damage 1 1 Significant

Damaged No additional Exposure to damage 1 2 Continued Exposure to damage 1 2 Damaged No additional Exposure to damage 2 3

High 1 1 Moderate 2 3

Condition of Asbestos Containing Material

Good Potential For Damage Low 3 3

1 – Highly recommended to Abate. O&M/Manage-in-place is an option but not recommended.

2 – Option to Abate or O&M/manage-in-place.

3 – Recommend O&M/manage-in-place.

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The following definitions are contained in the Definitions section but are repeated here for clarity in use of the above table:

Friable asbestos-containing material (ACM) contains more than 1 percent asbestos and can be crumbled, pulverized, or reduced to powder by hand pressure. Examples include thermal system insulation, surfacing materials, and linoleum-backing material. Some ‘non-friable’ materials may become friable when highly weathered or damaged, such as crushed asbestos siding, piping or transite panels.

Nonfriable ACM contains more than 1 percent asbestos and cannot be crumbled, pulverized, or reduced to powder by hand pressure. Examples include vinyl asbestos floor tiles, mastics, tars and cement type products (transite shingles & siding, & water piping).

Requirements (29 CFR 1926.1101; 40 CFR 763; 40 CFR 61 Building owners often are the only and/or best sources of information concerning asbestos-containing materials in buildings. Therefore they are assigned specific information conveying and retention duties under the OSHA asbestos standard and EPA rules. Where a building/facility owner also is an employer with employees who may conduct asbestos-related activities, the duties of employers also apply.

However, it is beyond the scope of this document to describe all requirements for asbestos workers and their employers. Facilities that have asbestos-trained employees (beyond awareness level) should consult the OSHA asbestos standard (29 CFR 1926.1101) for additional requirements.

• Building and facility owners must determine the presence, location, and quantity of asbestos-containing material (ACM) and presumed asbestos-containing material (PACM) and keep records of ACM/PACM. (As discussed under the definitions section, PACM consists of thermal insulation and surfacing materials applied prior to 1980).

• The following materials must be treated as asbestos-containing:

Installed thermal system insulation (TSI) and sprayed-on or troweled-on surfacing materials in buildings constructed before 1981.

Asphalt and vinyl flooring material installed before 1981.

Any other materials that the building owner has actual knowledge that it is, or should have known it to be, asbestos-containing

• PACM may be refuted (or confirmed) by specified inspection and testing conducted per the

Asbestos Hazard and Emergency Response Act (AHERA) asbestos inspection protocol.

• Asbestos surveys include analysis of bulk samples collected in the manner described in 40 CFR

763.86 (the AHERA standard). The survey must be conducted by an AHERA accredited inspector (763 Subpart E. App. C Asbestos Model Accreditation Plan).

• Analysis of samples must be performed by laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Voluntary Laboratory Accreditation Program (NVLAP), the National Institute for Standards and Technology (NIST), the American Industrial Hygiene Association (AIHA) or an equivalent nationally-recognized round robin testing program.

• Sanding of asbestos-containing flooring material is prohibited. Specific procedures for asbestos-containing flooring are mandated (see 29 CFR 1910.1001(k)(7)(i) for specific procedures).

• Building owners must also:

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Inform other employers, and their own employees who will perform housekeeping, or other ACM/PACM disturbance activities, of the presence and location of such materials, and provide asbestos hazard awareness training;

Inform prospective employers applying for or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing ACM/PACM;

Post signs at entrances to mechanical rooms/areas that contain ACM/PACM and that employees may enter; and, Identify the location of ACM/PACM by labels or signs in other locations where feasible.

Signs and labels are readily available from safety supply stores.

The required wording for labels is:

DANGER

CONTAINS ASBESTOS FIBERS

AVOID CREATING DUST

CANCER AND LUNG DISEASE HAZARD

• Employers must provide an asbestos awareness-training course for maintenance employees who may come in contact with ACM and employees who will perform housekeeping activities in an area containing ACM or PACM.

• Where a building owner has communicated and/or received notification concerning the identification, location, and quantity of ACM/PACM, written records of such notifications and their content must be maintained by the building owner for the duration of ownership and transferred to successive owners.

• Where a building owner has relied on data to demonstrate that PACM is not asbestos containing, such data must be maintained for as long as they are relied upon to rebut the presumption.

• While there are no legal mandates regarding abatement of damaged ACM, visible spills and releases that are not contained in the substrate (such as thermal system insulation spills that may occur under damaged piping) must be cleaned up immediately. Airborne exposures must also be maintained below the Permissible Exposure Limit of 0.1 fibers per cubic centimeter.

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L E A D

Overview Lead is toxic to human health when ingested or inhaled. In adults, exposures can result in nervous system disorders, high blood pressure, and kidney damage. Children are at higher risk of damage to the developing brain, which can result in learning disabilities, and to other organs.

The primary source of lead in buildings is from paint. Lead-based paint was banned from household paints in 1977. Since then, most paints have also been reformulated to remove the lead. However, lead-based paint may exist in homes built after1978 and in furniture and other objects that are imported from other countries. Lead may also be present in industrial coatings that are used for corrosion control, such as paint used on metal surfaces, and in traffic stripping paint.

Potential sources of lead exposure include lead contaminated dust, soil adjacent to buildings, and deteriorated paint in homes and buildings where lead-based paint was used. All buildings are subject to the OSHA lead standard. Some buildings owned by IHS are subject to lead-based paint hazard-reduction regulations issued by EPA and HUD. The regulations differ for commercial buildings (clinics, etc.) and housing.

Best Management Practices

• A lead-based paint inspection should be conducted throughout buildings constructed before 1978. Additionally, a lead-based paint risk assessment should be conducted in target housing and child-occupied facilities.

• Abate lead-based paint hazards in target housing, child occupied facilities and areas frequented by children (e.g., waiting rooms); conduct clearance sampling before reopening these areas.

• In other areas, stabilize (e.g., carefully scrape and recoat) significantly deteriorated lead-based paint.

• Perform abatement work with certified individuals and contractors (required in housing and child-occupied facilities). At a minimum, LBP work in IHS facilities should be performed by contractors or employees with adequate experience and training to ensure appropriate workplace rules are followed and any generated LBP waste is properly managed.

• Water fountains and cooking water sources in day care centers or health care centers that serve children should be checked for lead. Sources should be taken out of service if lead levels exceed 20 parts per billion (ppb). EPA provides additional guidance on the testing at its website (see http://www.epa.gov/safewater/schools/guidance.html#non).

Requirements (29 CFR 1926.62; 40 CFR 745; 24 CFR 35)

All Buildings

• The Lead and Copper Rule regulates lead and copper levels in drinking water. The action level for lead is 0.015 mg/l and for copper is 1.3 mg/l. There are no requirements for building owners or operators to test for lead in drinking water, unless the facility contains a public drinking water system or drinking water well. In such cases, refer to the EPA web site for a link to the rule and other details regarding testing frequency and requirements at

• http://www.epa.gov/safewater/lcrmr/implement.html.

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• Certain water coolers were recalled by the Consumer Product Safety Commission in 1990 because they contained lead-lined tanks, lead-containing parts, or lead solder. EPA Fact Sheet ‘Lead in Drinking Water Coolers (EPA810/F-90-021) contains a list of manufacturers and model numbers of recalled coolers. A list is also available on-line at http://www.vdh.state.va.us/dw/files/water_coolers.pdf.

Buildings Not Used as Housing

• No lead abatement actions are required during routine building operations. Worker safety and waste disposal requirements apply during maintenance, renovation and demolition if painted surfaces are disturbed.

Buildings Used as Housing

• HUD requires that lessees of federally owned housing sign a lead hazard notice & receive a pamphlet titled “Protect Your Family form Lead in Your Home”. The notice and pamphlet can be downloaded at http://www.hud.gov/offices/lead/disclosurerule/index.cfm.

• If repairs or maintenance may impact lead painted surfaces greater than 2 square feet an EPA-certified inspector must inspect the area and workers and tenants must be notified of the activity. Refer to complete procedures in the section covering Renovation and Construction.

P C B s

Overview The term PCB is the abbreviation for a class of chemicals, polychlorinated biphenyls. Their properties made them useful as dielectric fluid in various types of electrical equipment and heat transfer systems including transformers, fluorescent light ballasts, and capacitors. PCBs were also used in paints. PCBs are among the most stable chemicals known. They remain in the environment and are taken up and stored in the fatty tissue of organisms. PCBs are toxic to fish at very low concentrations.

Best Management Practices Same as requirements listed below.

Requirements (40 CFR Part 761) General

• Wastes containing greater than 50 parts per million (ppm) PCBs must be managed as PCB Wastes under the Toxics Substances Control Act (TSCA). Regulations are similar to hazardous wastes as described later in this section. PCB wastes may be stored for up to one year.

• Survey building for PCB transformers and large capacitors if the building was constructed before 1980.

• Spills greater than 1 pound (0.45 Kg) PCBs must be reported to the National Response Center at

• 1-800-424-8802

• Spills (e.g., leaking ballasts) must be cleaned to a concentration of 10 micrograms per 100 square centimeters for all solid surfaces.

PCB Ballasts (fluorescent light fixtures)

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• Assumed to contain PCBs unless marked otherwise.

• Leaking ballasts must be removed and spills cleaned immediately.

Transformers

• A "PCB Transformer" contains 500 ppm or greater PCBs. These types of transformers must be inventoried, inspected and tracked. A "PCB-Contaminated Transformer" contains 50- 499 ppm PCBs. These must be properly managed during disposal. Finally, a "Non-PCB Transformer" contains less than 50 ppm PCBs. These are not regulated.

• Transformers made before 1980 must either be sampled for PCBs or are assumed to contain greater than 500 ppm PCBs, unless the transformer label or documentation indicates no PCBs.

• PCB transformers cannot be used near food handling areas, building vaults or other areas that may result in direct exposure to occupants in the event of a leak or fire.

• All PCB Transformers (500 ppm or greater PCBs) must be marked in accordance with EPA marking and labeling requirements

• Visual inspection of each PCB Transformer must be performed quarterly. Reduced (annual) inspection frequency applies to PCB Transformers that utilize secondary containment or contain less than 6 percent PCBs.

• Transformers with less than 3 gallons (11 liters) of fluids are exempt from surveys/inspections.

Capacitors

• Capacitors are categorized as "small" and "large." A small capacitor is defined as containing less than 3 pounds (1.35 Kg) of dielectric fluid while a large capacitor contains over 3 pounds ((1.35 Kg) or more of dielectric fluid. Small capacitors include ballasts used in lights. Large capacitors may be used with heavy equipment such as air conditioning compressors, phase converters and HVAC units.

• The use of large PCB Capacitors is prohibited unless the capacitor is used within a restricted access area.

• Capacitors made before 1980 should be assumed to contain PCBs unless marked otherwise.

M E R C U R Y

Mercury is a central nervous system and brain toxin capable of impairing neurological development in children and damaging the central nervous system of adults. When released to the environment even in small quantities, it bioaccumulates reaching dangerous levels in fish at the top of the aquatic food chain. Thirty-seven states have issued fish consumption advisories due to mercury contamination.

The following mercury-containing devices may be found in buildings:

• Fluorescent Lamps

• High Intensity Discharge Lamps (mercury lights, street lights, security lights)

• Mercury-Containing Tilt Switches (e.g., freezer lamps, boiler control switches, some ‘soft’ light switches).

• Mercury-Containing Thermostats

• Silent Wall Switches

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• Mercury-Containing Manometers/Barometers (blood pressure measuring devices)

• Thermometers

• Some pesticides, mildew resistant coatings, fungicides

Best Management Practices A building survey to identify the location of mercury thermostats and other devices is recommended.

Remove mercury devices and replace with non-mercury devices where possible. In particular, equipment with significant amounts of mercury should be targeted for replacement. These include manometers typically found in HVAC systems, and pressure switches and flow controllers found in boiler rooms. Also, low mercury content or so-called ‘green-tip’ lamps should be used when replacing fluorescent lamps. While manifests are not required for ‘universal wastes’ disposal records should be maintained.

Requirements (40 CFR Part 262) There are no legal requirements for surveying mercury-containing equipment in buildings. However, when the equipment is replaced it typically must be managed as a universal waste. The universal wastes classification reduces the amount of regulations that apply to their disposal or recycling.

Specific requirements include the following:

• Universal wastes may be stored on site for up to one year

• Universal wastes must be sent to a permitted hazardous waste facility or a recycler. However, no manifests are required.

• Containers of Universal wastes must be in good condition and labeled.

• Broken lamps and thermostats must be immediately cleaned up.

H A Z A R D O U S W A S T E

The U.S. Environmental Protection Agency (EPA) regulates disposal of hazardous wastes under the Resource Conservation and Recovery Act (RCRA). A hazardous waste can be either a solid, liquid or gaseous material that is listed under EPA regulations as hazardous or meets certain generic characteristics that qualify the waste as hazardous (e.g., Corrosive, Ignitable, Reactive, Toxic (CIRT)).

Many building components and materials that may become a hazardous waste include PCB ballasts, pesticides, paints, solvents, cleaning agents, computer monitors, and boiler chemicals. Specialized operations such as laboratories may also produce waste chemicals and vehicle repair shops may produce spent petroleum products, parts cleaning fluids and used antifreeze. The waste generator is responsible for determining if a waste is hazardous and subject to RCRA regulations.

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Best Management Practices In addition to the requirements below:

• Use of a manifest or is recommended for CESQGs to track and ensure proper management of the waste.

• Do not accept free samples of chemicals from vendors.

• Purchase only what you need, even if larger quantities cost less; in the long run, the larger quantity will cost more to dispose of.

• Try to reduce, reuse, or recycle your waste instead of disposing of it.

• Carefully choose a vendor to recycle, treat or dispose of your waste.

• Train your workers and prepare for emergencies.

• Comply with other regulations pertaining to hazardous substances, pollutants, materials and wastes. These include health and safety, fire code, air pollution, surface and ground water, sanitary sewer and solid waste regulations.

Requirements (40 CFR Parts 238-282)

I. Generator Status Responsibilities vary depending on the amount of hazardous waste generated monthly and accumulated at a facility. This information will determine if the facility is classified as a RCRA large quantity generator (LQG) small quantity generator (SQG) or conditionally exempt small quantity generator (CESQG).

• CESQG requirements (note: most IHS facilities are CESQGs): Identify all hazardous wastes generated and send them to authorized treatment or disposal facilities. CESQGs are not required to obtain an EPA identification number and use of uniform hazardous waste manifests is optional (however use is highly recommended).

• SQG requirements: Obtain an EPA identification number; dispose of hazardous waste at an authorized facility; label containers with the words “hazardous waste”, mark the waste accumulation start date on the container, and inspect the container weekly; submit biennial reports to EPA by March 1 of even numbered years.

• LQG Requirements: Comply with SQG requirements and additional training, contingency planning, record keeping, and reporting requirements.

Generator Type

Generation Per month

Accumulation at any time may not exceed:

CESQG < 100 Kg (<220 lbs) <1000 Kg (2,200 lbs) SQG 100-1000 Kg

(220-2,200 lbs) 600 Kg (13,200 lbs)

LQG >1000 Kg (2,200 lbs)

N/A

Note: 220 lbs. is equal to slightly less than ½ drum of liquid waste; 2,200 lbs. is equal to approximately 4 drums of liquid waste. If you exceed the CESQG limits, you will be required to register as a SQG or LQG with the additional conditions and record keeping, so keep a close watch on accumulated amounts.

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II. Hazardous Waste Disposal For all types of generators, the following rules apply:

• Waste must be appropriately categorized as hazardous or non-hazardous following EPA protocol contained in 40 CFR 262.11.

• Hazardous waste must be treated or disposed of:

By an EPA-permitted hazardous waste management facility, or At a facility which beneficially uses or legitimately recycles hazardous waste.

• Use of a uniform hazardous waste manifest is required for SQGs and LQGs.

U N D E R G R O U N D S T O R A G E T A N K S

Leaks from underground storage tanks (USTs) can contaminate groundwater, surface water and soils, potentially impacting public health and the human and wildlife environments. Gasoline leaks from USTs may also cause fires or explosions. Inhaling high concentrations of petroleum vapors can cause respiratory irritation and other health effects.

USTs must be managed in accordance with federal, state and local regulations. The definition of an UST includes all piping and appurtenances (piping and dispensers/fill pipes). The majority of USTs at IHS facilities store petroleum products used for building heat and are therefore exempt from most regulations. Check with the EPA if your UST is used for both heating and as fuel for emergency generators.

The following tanks are exempt from Federal UST regulations:

• Tanks with capacity less than 110 gallons (416 liters)

• Tanks used for storing heating oil for on-premises use

• Septic, wastewater and storm water tanks

• Tanks on or above the floor of underground areas, such as basements or tunnels

Best Management Practices

• Implement the same controls on exempt tanks as those used on non-exempt tanks; if there is a spill, enforcement will be the same as for a UST.

• Develop a Tank Management Plan:

1) Current inventory of all tanks

2) Records of notifications to the appropriate implementing agency (EPA, Tribe, state, etc.)

3) Priority ranking system for tank closures

4) Determination of available funding and schedules for UST projects

5) Procedures for leak detection system monitoring and repairs

6) Spill and release reporting procedures

7) Records management system

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Requirements (40 CFR Part 280) I. Operating Requirements for regulated USTs

• Leak detection is required for tanks and associated piping.

• Secondary containment is required.

• Tanks must be constructed to prevent leaks due to structural failure or corrosion; tanks meeting

Underwriters Laboratory and the National Fire Prevention Association (NFPA) specifications typically meet these requirements.

• New tanks must be certified during installation.

• Manage remediation of leaking USTs.

• Perform spill cleanup as needed.

• Out of service tanks must continue to be monitored (same requirements as in-use tanks) or meet permanent closure requirements.

• The Energy Policy Act of 2005 amends sections 9004 and 9005 of the Solid Waste Disposal

Act (42 U.S.C. 6991c). Section 1528 of the act is specifically directed at Federal Agencies. In particular, Federal Agencies are going to be starting a collection of data about USTs they own or operate, or USTs that are located on land managed by the Federal Agency. The specific regulations that implement the Act are expected to be promulgated within the next year, and will be added to this manual.

II. Record Keeping

• IHS must maintain records demonstrating compliance with operating and closure requirements.

• USTs must be registered with EPA or the Implementing Agency. A comprehensive list of implementing agencies can be found at http://www.epa.gov/swerust1/states/index.htm.

• EPA or the Implementing Agency must be notified 30 days prior to permanent closure.

III. Spill Reporting

• Reportable Spills and Releases: Petroleum releases greater than 25 gallons (94 liters) to soil and any petroleum release to surface water that creates a ‘visible sheen’ must be reported.

• Report the release or suspected release to the EPA/Implementing Agency and the National Response Center (800-424-8802) within 24 hours.

R E G U L A T E D R E F R I G E R A N T S

The Clean Air Act establishes regulations that:

• Require service practices that maximize recycling of ozone-depleting compounds (both chlorofluorocarbons [CFCs] and hydrochlorofluorocarbons [HCFCs] and their blends) during the servicing and disposal of air-conditioning and refrigeration equipment.

• Set certification requirements for recycling and recovery equipment, technicians, and reclaimers.

• Restrict the sale of refrigerant to certified technicians.

• Require persons servicing or disposing of air-conditioning and refrigeration equipment to certify to EPA that they have acquired recycling or recovery equipment and are complying with the requirements of the rule.

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• Require the repair of substantial leaks in air-conditioning and refrigeration equipment with a charge of greater than 50 pounds.

• Establish safe disposal requirements to ensure removal of refrigerants from goods that enter the waste stream with the charge intact (e.g., motor vehicle air conditioners, home refrigerators, and room air conditioners).

The IHS refrigerant management guidelines are incorporated by reference to the General Services Administration (GSA), Public Buildings Service, Real Property Management and Safety document entitled, “Refrigerant Management Plan”. This GSA document shall be used as the IHS standard for refrigerant management. Copies of the Refrigerant Management Plan can be obtained by calling GSA, Buildings Maintenance Branch, Facility Management Division, Office of Real Property Management and Safety, Washington, D.C., at (202) 501-0429. Additional information on regulations can be obtained at the following internet link:

http://www.epa.gov/spdpublc/title6/608/608fact.html#overview.

Requirements (40 CFR Part 82, Subpart F) Same as above. Additional information on regulations can be obtained at the following Internet link:

http://www.epa.gov/spdpublc/title6/608/608fact.html#overview.

R A D O N

Radon is a gaseous radioactive element that naturally occurs in earth and rock beneath buildings, homes, and building materials. Radon in indoor air is estimated to cause about 21,000 lung cancer deaths (approximately 12% of all lung cancer deaths) each year in the United States. Symptoms and disease usually do not occur until many years (5-25) after exposure. The average indoor radon level is about 1.3 picocuries per liter (pCi/L) in the United States; the average outdoor level is about 0.4 pCi/L.

Best Management Practices EPA has established a recommended indoor air Action Level of 4 picocuries of radon per liter of air (pCi/l). If the facility or housing is located in an area that is known to have moderate to high radon levels, testing should be done for airborne radon. (Radon maps are available via the EPA to determine if your facility is within a moderate or high-risk area (see http://www.epa.gov/radon/zonemap.html).

Test kits can be obtained from certified laboratories or a consultant can be hired to perform testing.

Lists of firms that provide testing and mitigation services are available through the state contacts for radon listed above, and also via the National Environmental Health Association (www.neha-nrpp.org/) and Radon Safety Bard (www.nrsb.org ). Testing should be done in ‘worst-case’ areas, such as occupied basements or lower floors.

If levels exceed 4 pCi/l, controls should be implemented to reduce radon levels. Selection of radon reduction methods depends on how the radon is entering the structure. For example, sealing cracks in floors and walls may help to reduce radon. There are also systems that remove radon from the crawl space or from beneath a concrete floor or basement slab that are effective at keeping radon from entering the structure.

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Requirements (40 CFR 141) There are no federal requirements for buildings to test for radon in air or drinking water. Contact your State Radon Contact (see http://www.epa.gov/iaq/whereyoulive.html) to determine if there are requirements associated with providing radon measurement and or radon mitigations/ reductions in your State. Some States maintain lists of contractors available or they have proficiency programs or requirements. EPA has issued regulations for public water systems. If the facility includes a public drinking water system, refer to the EPA web site for a link to the rule and other details regarding testing frequency and requirements: http://www.epa.gov/safewater/rads/radfr.pdf.

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CHECKLIST1: EXISTING BUILIDINGS

Item NA Comment I. Asbestos A. Best Management Practices

• Conduct complete asbestos surveys of each building

• Develop an asbestos operations and management (O&M) plan that details roles and responsibilities for managing asbestos in occupied buildings.

• Update surveys/drawings as asbestos is abated.

• Abate asbestos based on risk to building occupants. (See matrix) B. Requirements

• Determine the presence, location, and quantity of asbestos-containing material (ACM) and presumed asbestos-containing material (PACM) and keep records of ACM/PACM.

• Asbestos surveys conducted by an AHERA accredited inspector

• Analysis of samples performed by accredited laboratories

• Sanding of asbestos-containing flooring material is prohibited.

• Inform other employers and own employees who will perform housekeeping, or other ACM/PACM disturbance activities, of the presence and location of such materials.

• Inform prospective employers applying for or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing ACM/PACM.

• Post signs at entrances to mechanical rooms/areas that contain ACM/PACM where employees may enter.

• Identify the location of ACM/PACM by labels or signs.

• Releases (such as thermal system insulation spills) are cleaned up immediately.

• Written records of ACM locations are maintained for the duration of ownership and transferred to successive owners.

• Provide asbestos awareness-training course for maintenance employees who may come in contact with ACM and employees who will perform housekeeping activities in an area containing ACM.

A. Best Management Practice

• Lead-based paint inspection conducted throughout buildings constructed before

• Lead-based paint risk assessment conducted in target housing and child-occupied facilities.

• Abate lead-based paint hazards in target housing, child occupied facilities and areas frequented by children

• Perform abatement work with certified individuals and contractors (required in housing and child-occupied facilities).

• In other areas, stabilize (e.g., scrape and recoat) significantly deteriorated lead-based paint identified during inspections.

• Test drinking water sources for lead in child-occupied facilities.

B. Requirements- All Buildings

• If lead paint is disturbed see Section 2 for OSHA requirements.

• Lessee provided with USEPA approved lead hazard pamphlet.

• Written acknowledgement of receipt for pamphlet obtained from purchaser.

• If more than two square feet of painted surface will be disturbed HUD/EPA requirements apply- see Section 2.

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Item NA Comment Requirements—IHS Quarters/Target Housing III. PCBs A. Best Management Practice—Same as requirements B. Requirements

• Wastes containing greater than 50 parts per million (ppm) PCBs managed as PCB Wastes.

• Spills greater than 1 pound PCBs must be reported to the National Response Center at 1- 800-424-8802

• Spills cleaned to a concentration of 10 micrograms per 100 square centimeters for all solid surfaces.

• Survey building for PCB transformers and large capacitors if the building was constructed before 1980.

• Building complies with transformer requirements (see page 9 of document).

• Building complies with capacitor requirements (see page 10 of document).

III. Mercury A. Best Management Practice

• Conduct building survey to identify the location of mercury devices.

• Replace with non-mercury devices where feasible.

B. Requirements (Universal Wastes)

Wastes may be stored on site for up to one year.

• Wastes sent to a permitted hazardous waste facility or a recycler.

Containers in good condition and labeled.

Broken equipment immediately cleaned up.

IV. Hazardous Waste A. Best Management Practice

• Use a manifest even if an exempt CESQG.

• Do not accept free samples of chemicals from vendors.

• Reduce, reuse, or recycle waste where feasible.

• Qualify vendors based on compliance, insurance, etc.

• Train workers and prepare for emergencies.

B. Requirements

• Identify all hazardous wastes and send to authorized facilities.

• If facility generates above 220 pounds per month or stores more than 2,200 pounds of hazardous waste at any time (see page 12 of the document).

V. Underground Storage Tanks- Requirements

• Manage exempt tanks the same as regulated tanks.

• Develop a Tank Management Plan.

Leak detection for tanks and associated piping.

Secondary containment for tank.

• Tanks meet Underwriters Laboratory/NFPA specifications.

• New tanks must be certified during installation.

• Manage remediation of leaking USTs.

• Perform spill cleanup as needed.

• Out of service tanks must continue to be monitored or meet permanent closure requirements.

VI. Regulated Refrigerants-Requirements

• Regulated refrigerants are managed according to the GSA “Refrigerant Management Plan”.

VII. Radon

• Conduct radon monitoring and implement controls as needed.

Note: If no Best Management Practices are listed they are the same as Requirements.

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SECTION 2: RENOVATION AND CONSTRUCTION

A S B E S T O S It is beyond the scope of this manual to detail all of the OSHA and EPA requirements for performing asbestos abatement during renovations. Refer to Appendix A for additional references and resources on compliance procedures. Additionally, in most IHS buildings this work is performed by outside contractors. Therefore, this discussion is limited to the specific requirements for building owners along with a general overview of worker safety requirements during renovation activities that involve or could impact ACM.

Best…