Attachment D - Arkansas State Regulation 21.pdf

Pollution Control and Ecology Commission # 014.00-021

ARKANSAS POLLUTION CONTROL

and ECOLOGY COMMISSION

REGULATION NO. 21

ARKANSAS ASBESTOS ABATEMENT

REGULATION

Adopted by the PC&E Commission August 28, 2015 i

TABLE OF CONTENTS

CHAPTER 1: TITLE .................................................................................................................. 1-1

Reg. 21.101 Title............................................................................................................. 1-1 CHAPTER 2: PURPOSE ............................................................................................................ 2-1

Reg. 21.201 Purpose ....................................................................................................... 2-1 CHAPTER 3: APPLICABILITY ............................................................................................... 3-1

Reg. 21.301 Applicability ............................................................................................... 3-1 CHAPTER 4: DEFINITIONS .................................................................................................... 4-1 CHAPTER 5: GENERAL PROVISIONS .................................................................................. 5-1

Reg. 21.501 Asbestos Inspection .................................................................................... 5-1 Reg. 21.502 Project Design ............................................................................................ 5-1 Reg. 21.503 Licensing and/or Certification Provisions .................................................. 5-1

CHAPTER 6: NOTIFICATIONS ............................................................................................... 6-1 Reg. 21.601 Demolition .................................................................................................. 6-1 Reg. 21.602 Demolition Under Order of a Government Agency ................................... 6-1 Reg. 21.603 Renovation Projects .................................................................................... 6-1 Reg. 21.604 Planned Renovation Operations ................................................................. 6-1 Reg. 21.605 Emergency Renovation Operations ............................................................ 6-2 Reg. 21.606 NOI Requirements ...................................................................................... 6-2 Reg. 21.607 Incomplete Notifications ............................................................................ 6-3 Reg. 21.608 Beginning Date/Asbestos Removal Change ............................................... 6-4 Reg. 21.609 Changes to the NOI .................................................................................... 6-4 Reg. 21.610 Changes in Operator ................................................................................... 6-4 Reg. 21.611 Training Provider’s Required Submittals ................................................... 6-5

CHAPTER 7: RECORD KEEPING ........................................................................................... 7-1 Reg. 21.701 On Site Documents ..................................................................................... 7-1 Reg. 21.702 Wetting Operations ..................................................................................... 7-1 Reg. 21.703 Submittal of Information ............................................................................ 7-1 Reg. 21.704 Copies ......................................................................................................... 7-1

CHAPTER 8: WORK PROCEDURES - APPLICABILITY ..................................................... 8-1 Reg. 21.801 Applicability ............................................................................................... 8-1

CHAPTER 9: GENERAL WORK PROCEDURES .................................................................. 9-1 Reg. 21.901 Work Procedure Compliance ..................................................................... 9-1

CHAPTER 10: DISPOSAL PREPARATION.......................................................................... 10-1 Reg. 21.1001 Disposal Preparation ............................................................................... 10-1

CHAPTER 11: DISPOSAL ...................................................................................................... 11-1 Reg. 21.1101 Disposal .................................................................................................. 11-1 Reg. 21.1102 Standards for Generators ........................................................................ 11-2 Reg. 21.1103 Standards for Waste Transporters .......................................................... 11-3 Reg. 21.1104 Waste Disposal Sites .............................................................................. 11-4

CHAPTER 12: LICENSES (GENERAL) ................................................................................ 12-1 Reg. 21.1201 Licenses .................................................................................................. 12-1 Reg. 21.1202 Renewal .................................................................................................. 12-1 Reg. 21.1203 Annual Fee.............................................................................................. 12-1 Reg. 21.1204 Licensing and Certification Requirements ............................................. 12-1 ii

Reg. 21.1205 Licensing Requirement Exemptions ....................................................... 12-1 Reg. 21.1206 Permanent Employees ............................................................................ 12-1

CHAPTER 13: ASBESTOS ABATEMENT CONSULTANTS AND CONTRACTORS

LICENSES ......................................................................................................... 13-1

Reg. 21.1301 Initial License Application ..................................................................... 13-1 CHAPTER 14: TRAINING PROVIDER LICENSES ............................................................. 14-1

Reg. 21.1401 Initial Licenses........................................................................................ 14-1 Reg. 21.1402 Requirements in Lieu of 40 CFR Part 763, Appendix C to Subpart E ... 14-1 Reg. 21.1403 Refresher Training Courses .................................................................... 14-2

CHAPTER 15: CERTIFICATION/ACCREDITATION ......................................................... 15-1 Reg. 21.1501 Certification ............................................................................................ 15-1 Reg. 21.1502 Supervision ............................................................................................. 15-1 Reg. 21.1503 Certification Time Frame ....................................................................... 15-1

CHAPTER 16: RENEWAL OF LICENSES AND CERTIFICATIONS ................................. 16-1 Reg. 21.1601 Contractors/Consultants Renewal .......................................................... 16-1 Reg. 21.1602 Training Providers Renewal ................................................................... 16-1 Reg. 21.1603 Other Renewals ...................................................................................... 16-1

CHAPTER 17: LAPSED LICENSES OR CERTIFICATES ................................................... 17-1 Reg. 21.1701 Expired Licenses/Certificates ................................................................. 17-1 Reg. 21.1702 Refresher Course .................................................................................... 17-1

CHAPTER 18: TRAINING ...................................................................................................... 18-1 Reg. 21.1801 Training Providers .................................................................................. 18-1 Reg. 21.1802 Minimum Requirements ......................................................................... 18-1 Reg. 21.1803 Separate Discipline Training .................................................................. 18-2 Reg. 21.1804 Examination ............................................................................................ 18-2 Reg. 21.1805 Department Representatives ................................................................... 18-3 Reg. 21.1806 Out of State Training .............................................................................. 18-3 Reg. 21.1807 Minimum Record Keeping Requirements .............................................. 18-3 Reg. 21.1808 Accreditation Certificates ....................................................................... 18-4

CHAPTER 19: TRAINING COURSE CONTENT ................................................................. 19-1 Reg. 21.1901 Worker .................................................................................................... 19-1 Reg. 21.1902 Contractor/Supervisor............................................................................. 19-4 Reg. 21.1903 Inspector ................................................................................................. 19-7 Reg. 21.1904 Management Planner ............................................................................ 19-12 Reg. 21.1905 Project Designer ................................................................................... 19-15 Reg. 21.1906 Air Monitor ........................................................................................... 19-20 Reg. 21.1907 Out of State Training ............................................................................ 19-21

CHAPTER 20: REFRESHER TRAINING COURSE ............................................................. 20-1 Reg. 21.2001 Refresher Training .................................................................................. 20-1 Reg. 21.2002 Minimum Length .................................................................................... 20-1 Reg. 21.2003 Minimum Requirements ......................................................................... 20-1 Reg. 21.2004 Separate Refresher Courses .................................................................... 20-1

CHAPTER 21: DENIAL AND REVOCATION ...................................................................... 21-1 Reg. 21.2101 Denial, Suspension and Revocation ....................................................... 21-1 Reg. 21.2102 Non-accredited Persons .......................................................................... 21-1 Reg. 21.2103 Training Licensing.................................................................................. 21-2 iii

CHAPTER 22: FEE ASSESSMENT........................................................................................ 22-1 Reg. 21.2201 Fee Assessment ...................................................................................... 22-1 Reg. 21.2202 Asbestos Abatement Consultant ............................................................. 22-1 Reg. 21.2203 Asbestos Abatement Contractor ............................................................. 22-1 Reg. 21.2204 Training Provider.................................................................................... 22-1 Reg. 21.2205 Air Monitor ............................................................................................. 22-1 Reg. 21.2206 Contractor/Supervisor............................................................................. 22-1 Reg. 21.2207 Inspector ................................................................................................. 22-1 Reg. 21.2208 Management Planner .............................................................................. 22-1 Reg. 21.2209 Project Designer ..................................................................................... 22-1 Reg. 21.2210 Worker .................................................................................................... 22-1 Reg. 21.2211 Multiple Certificates ............................................................................... 22-2 Reg. 21.2212 Replacement ........................................................................................... 22-2 Reg. 21.2213 Processing ............................................................................................... 22-2 Reg. 21.2214 Demolition – Greater than One Square/Linear Foot of ACM ................ 22-2 Reg. 21.2215 Demolition – 160 Square/260 Linear Feet or More of RACM .............. 22-2 Reg. 21.2216 Reserved ................................................................................................. 22-2 Reg. 21.2217 Reserved ................................................................................................. 22-2 Reg. 21.2218 Renovation – 160 Square/260 Linear to 5,000 Square/Linear Feet of

RACM ................................................................................................ 22-2 Reg. 21.2219 Renovation – 5001 Square/Linear to 10,000 Square/Linear Feet of

RACM ................................................................................................ 22-2 Reg. 21.2220 Renovation – Greater than 10,000 Square/Linear Feet of RACM ......... 22-3 Reg. 21.2221 Emergency Renovation NOI .................................................................. 22-3 Reg. 21.2222 Annual NOI ........................................................................................... 22-3 Reg. 21.2223 NOI Revision .......................................................................................... 22-3

CHAPTER 23: POWERS AND DUTIES OF THE DIRECTOR ............................................ 23-1 Reg. 21.2301 Application Requirements ...................................................................... 23-1 Reg. 21.2302 Application Review ................................................................................ 23-1 Reg. 21.2303 Training Provider Licenses..................................................................... 23-1 Reg. 21.2304 Disapproval............................................................................................. 23-1 Reg. 21.2305 Adoption by Reference ........................................................................... 23-1

CHAPTER 24: RECIPROCITY ............................................................................................... 24-1 Reg. 21.2401 Reciprocity ............................................................................................. 24-1

CHAPTER 25: REVIEW OF ACTIONS .................................................................................. 25-1 Reg. 21.2501 Review of Actions .................................................................................. 25-1

CHAPTER 26: ENFORCEMENT DATE ................................................................................ 26-1 Reg. 21.2601 Reserved ................................................................................................. 26-1 Reg. 21.2602 Reserved ................................................................................................. 26-1

CHAPTER 27: EFFECTIVE DATE ........................................................................................ 27-1 Reg. 21.2701 Effective Date ......................................................................................... 27-1

1-1

CHAPTER 1: TITLE

Reg. 21.101 Title

The following rules and regulations of the Arkansas Pollution Control and Ecology Commission adopted pursuant to the Removal of Asbestos Material Act, (Section 3, Act 308 of 1997 codified at Arkansas Code Annotated (Ark. Code Ann.) § 20-27-1001 et seq.) hereinafter referred to as “the Act” and the Arkansas Water and Air Pollution Control Act, (Section 7, Act 163 of 1993 codified at Ark. Code Ann. § 8-4-101 et seq.) shall be known as the “Asbestos Abatement Regulation” or “Regulation 21”.

2-1

CHAPTER 2: PURPOSE

Reg. 21.201 Purpose

The purpose of this regulation is:

(A) To protect public health and safety and the environment;

(B) To administer and enforce a program for the licensing of Asbestos Abatement Contractors, Asbestos Abatement Consultants and Training Providers and for the certification of Air Monitors, Contractor/Supervisors, Inspectors, Management Planners, Project Designers, and Workers in accordance with the Removal of Asbestos Material Act (Ark. Code Ann. § 20-27-1001 et seq.); and

(C) To establish and enforce standards for demolitions, renovations, and disposal of regulated asbestos-containing materials in order to reduce visible emission of asbestos-containing materials as provided by the National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR, Part 61, and to establish standards for response actions.

3-1

CHAPTER 3: APPLICABILITY

Reg. 21.301 Applicability

The provisions of this regulation are applicable to all owners and operators conducting a demolition or renovation activity; persons conducting inspections, air monitoring, developing management plans, and designing and/or conducting response actions as defined herein; the management and disposal of asbestos-containing waste materials; and training providers.

4-1

CHAPTER 4: DEFINITIONS

“ACBM” or asbestos-containing building material means any friable and nonfriable asbestos-containing material that is in or on interior structural members or other parts of a facility.

“ACM” or asbestos-containing material means any material that contains more than one percent (1%) of friable and/or nonfriable asbestos material.

“Adequately wetted” means sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.

“Aggressive air sampling” means artificially circulating the air so that fibers remain airborne during sample collection.

“AHERA” means Asbestos Hazard Emergency Response Act, published at Section 203 of Title II of TSCA, Section 15 U.S.C. 2643.

“Air analysis” means the microscopic examination of collected air samples to determine airborne fiber concentrations.

“Air monitor” means any person who collects airborne samples for analysis of asbestos fibers.

“Air monitoring” means the process of measuring the airborne fiber concentration of a specific quantity of air over a given amount of time for purposes of clearance air monitoring as prescribed by this regulation. Air monitoring does not include individual personal monitoring.

“Air sampling” means the collection of units of air to determine airborne fiber concentration for purposes of clearance air monitoring as prescribed by this regulation.

“Asbestos abatement consultant” means any person or other legal entity, however organized, that acts as an agent for the owner or operator in performing demolitions, renovations, air monitoring, and/or response actions which will involve, or may involve, the removal or disturbance of ACM in any facility. This does not include in-house personnel performing work associated with the performance of that person=s employment

“Asbestos abatement contractor” means any person or other legal entity, however organized, that acts as an agent for the owner or operator in performing demolitions, renovations, air monitoring, and/or response actions which will involve, or may involve, the removal or disturbance of ACM in any facility. This does not include in-house personnel performing work associated with the performance of that person=s employment

“Asbestos-containing waste materials” means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this regulation.

This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and

4-2 renovations operations, this term also includes regulated asbestos-containing waste and materials contaminated with asbestos including disposable equipment and clothing.

“ASHARA” means Asbestos School Hazard Abatement Reauthorization Act.

“Category I nonfriable asbestos-containing material” means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light Microscopy.

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

“Certificate” means a document issued by the Department to any person certifying that person has satisfactorily completed such asbestos training, examination (as provided in Chapter 18 of this regulation), and other requirements of this regulation to perform the duties of the following:

Air Monitor, Contractor/Supervisor, Inspector, Management Planner, Project Designer, and Worker.

“Certification” means the status or classification of an individual who has been accredited in accordance with the EPA Model Accreditation Plan requirements and has satisfactorily met the additional State requirements described in this regulation.

“Certified Industrial Hygienist (CIH)” means a person certified in the comprehensive practice of Industrial Hygiene by the American Board of Industrial Hygiene.

“Clearance air monitor” means as required by this regulation, any person who measures the airborne fiber concentration of a specific quantity of air over a given amount of time at the conclusion of any demolition, renovation, or asbestos response action for which containment was utilized.

“Commercial asbestos” means any material containing asbestos that is extracted from ore and has value because of its asbestos content.

“Commission” means the Arkansas Pollution Control and Ecology Commission.

“Consent Administrative Order (CAO)” means an administrative order entered into by consent of the parties, including the Department.

“Containment” means a system installed by the owner or operator designed to minimize or eliminate the risk of the release of asbestos fibers from the work area to adjacent areas not involved in the project.

“Contractor/Supervisor” means any person who supervises the following activities with respect to friable ACM in a facility: a response action other than a SSSD activity, a maintenance

4-3 activity that disturbs friable ACM, or a response action for a major fiber release episode and meets the certification requirements of this regulation.

“Cutting” means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching.

“Demolition” means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or intentional burning of a facility.

“Department” means the Arkansas Department of Environmental Quality or its successor.

“Director” means the Director of the Arkansas Department of Environmental Quality or its successor, acting directly or through the staff of the Department.

“Emergency renovation operation” means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment.

“Encapsulation” means the coating of ACM with a bonding or sealing agent to prevent the release of airborne fibers.

“EPA” means the United States Environmental Protection Agency.

“Facility” means any institutional, commercial, public, industrial, school, 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 regulation is not excluded, regardless of its current use or function.

“Facility component” means any part of a facility, including equipment.

“Friable asbestos-containing building material (ACBM)” means any friable asbestos-containing material that is in or on interior structural members or other parts of a school, public building, or commercial building.

“Friable asbestos material” means any material containing more than one percent (1%) asbestos as determined by using the method specified in Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light Microscopy that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10% as determined by a method other than point counting by Polarized Light Microscopy (PLM), verify the asbestos content by point counting using PLM. The term includes nonfriable asbestos-containing material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.

4-4

“Glovebag” means a sealed compartment with attached inner gloves used for the handling of asbestos-containing materials. Properly installed and used, glovebags provide a small work area enclosure typically used for small-scale short-duration asbestos stripping operations.

Information on glovebag installation, equipment and supplies, and work practices is contained in the Occupation Safety and Health Administration=s (OSHA=s) final rule on occupational exposure to asbestos (29 CFR 1926.1101).

“Grinding” means to reduce to powder or small fragments and includes mechanical chipping or drilling.

“HEPA” means High Efficiency Particulate Air (filter).

“HVAC System” means heating, ventilation, and air conditioning system.

“Individual” means any natural person.

“In poor condition” means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material.

“Inspection” means an activity undertaken in a facility to determine the presence or location, or to assess the condition, of friable or nonfriable ACM or suspect ACM, whether by visual or physical examination or by collecting samples of such material. This term includes reinspection of friable and nonfriable ACM, known or assumed, which has been previously identified. This definition does not apply to the following:

(A) Periodic visual surveillance solely for the purpose of recording or reporting a change in the condition of identified or assumed ACM;

(B) Regulatory compliance inspections conducted by Federal, State, or local government officials; and

(C) Visual observations conducted solely for the purposes of determining completion of response actions.

“Inspector” means any individual who inspects for ACM in a facility and meets the certification requirements of this regulation.

“Installation” means 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).

“Leak-tight” means solids or liquids cannot escape or spill out. It also means dust-tight.

“License” means a document issued by the Department to an Asbestos Abatement Contractor, Asbestos Abatement Consultant, or Training Provider who meets the criteria for licensing described in this regulation.

4-5

“Major fiber release episode” means any uncontrolled or unintentional disturbance of ACM, resulting in a visible emission, which involves the falling or dislodging of more than three square or linear feet of friable ACM.

“Management planner” means any person who prepares management plans for a school and and who meets the certification requirements of this regulation.

“Management plan” means a formal written procedure for appropriate actions for surveillance and management of ACM.

“MAP” means a Model Accreditation Plan pursuant to the Asbestos Model Accreditation, Plan;

Interim Final Rule, published at 40 CFR, Part 763, Appendix C to Subpart E as of October 13, 2005.

“Minor fiber release episode” means any uncontrolled or unintentional disturbance of ACM, resulting in a visible emission, which involves the falling or dislodging of three square or linear feet or less of friable ACM.

“NESHAP” means National Emission Standards for Hazardous Air Pollutants as found in 40 CFR Part 61 as of May 19, 2009.

“Nonfriable asbestos-containing material” means any material containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light Microscopy, that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

“Nonscheduled renovation operation” means a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted.

“Notice of Deficiency (NOD)” means a written document which identifies deficiencies in a Notice of Intent.

“Notice of Intent (NOI)” means a written notice to the Department which provides detailed information concerning renovations of RACM and all demolitions.

“Notice of Violation (NOV)” means a written notification to a person of alleged violations. The notice of violation (NOV) initiates an administrative enforcement action.

“Outside air” means the air outside buildings and structures including but not limited to, the air under a bridge or in an open air ferry dock.

“Owner or operator of a demolition or renovation activity” means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both.

4-6

“Particulate asbestos material” means finely divided particles of asbestos or material containing asbestos.

“Penetrating encapsulant” means a liquid material applied to RACM to control airborne fiber release by penetrating into the material and binding the fibers together.

“Permitted landfill” means a waste disposal facility in Arkansas which has received a permit from the Department, authorizing the receipt and disposal of certain waste materials under the provisions of the Arkansas Solid Waste Management Code.

“Person or Persons” means any individual, corporation, or other legal entity.

“Phase contrast microscopy (PCM)” means the method of analyzing air samples published at the National Institute for Occupational Safety and Health (NIOSH), Method 7400, issue 2 entitled AASBESTOS and OTHER FIBERS by PCM” published in the NIOSH Manual of Analytical Methods, Fourth Edition, August 15, 1994.

“Planned renovations operations” means a renovation operation, or a number of such operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience.

“Project designer” means any person who designs the following activities with respect to friable ACM in a facility: a response action other than a small-scale short-duration activity, a maintenance activity that disturbs friable ACM other than a small-scale short-duration maintenance activity, or a response action for a major fiber release episode and meets the certification requirements of this regulation.

“Regulated asbestos-containing material (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;

(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 or renovation operations regulated by this regulation;

(E) Category I nonfriable resilient floor covering which contains ACM that will be or has been removed by sanding, grinding, cutting, or abrading; or

(F) Category II mastic which contains ACM that will be removed by sanding, grinding, cutting, or abrading.

4-7

“Remove” means to take out RACM or facility components that contain or are covered with RACM from any facility.

“Renovation” means altering a facility or any facility components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions.

“Resilient floor covering” means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than one percent (1%) asbestos as determined using polarized light microscopy according to the method specified in Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light Microscopy, as of June 19, 1995.

“Response action” means a method, including removal, encapsulation, enclosure, repair, and operation and maintenance, that protects human health and the environment from friable ACM.

“School” means any elementary or secondary school as defined in Section 198 of the Elementary and Secondary Act of 1965 (20 U.S.C. 2854).

“Small-scale short-duration activities (SSSD)” means:

(A) Tasks including, but not limited to:

(1) removal of asbestos-containing insulation on pipes;

(2) removal of small quantities of asbestos-containing insulation on beams or above ceilings;

(3) replacement of an asbestos-containing gasket or a valve;

(4) installation or removal of a small section of drywall; or

(5) installation of electrical conduits through or proximate to asbestos-containing materials.

(B) SSSD can be further defined by the following considerations:

(1) removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement;

(2) removal of asbestos-containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glovebag;

(3) minor repairs to damaged thermal system insulation which do not require removal;

(4) repairs to a piece of asbestos-containing wallboard; and

4-8

(5) repairs, involving encapsulation, enclosure, or removal, to small amounts of friable ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed amounts greater than those which can be contained in a single prefabricated mini-enclosure.

Such an enclosure shall conform spatially and geometrically to the localized work area, in order to perform its intended containment function.

“Strip” means to take off RACM from any part of a facility or facility component.

“Suspect building material” means any building material which the inspector considers may contain asbestos.

“Thorough inspection” means an inspection which:

(A) is written;

(B) describes the current state of the facility, or portion of the facility if the inspection did not encompass the entire facility, and the building materials therein;

(C) includes all suspect and accessible building materials;

(D) identifies if the inspection encompasses the entire facility or a portion thereof;

(E) includes an assessment of the condition of the of asbestos-containing material;

and

(F) uses documented sampling methodology.

“Training day” means a day consisting of eight consecutive hours (including lunch and breaks) in which an approved training course is conducted.

“Training provider” means any person or other legal entity, however organized, who conducts some or all of the training programs for asbestos professional disciplines which are regulated in this regulation and meets the licensing requirements of this regulation.

“Transmission electron microscopy (TEM)” means a method of analyzing air samples and bulk samples through the use of a transmission electron microscope operated under procedures listed in 40 CFR, Part 763, Subpart E, Appendix A (AHERA), as of June 19, 1995. The transmission electron microscope utilizes an electron beam that is focused onto a thin sample.

“Visible emissions” means any emissions which are visually detectable without the aid of instruments, coming from any RACM or asbestos-containing waste material. This does not include uncondensed water vapor.

“Waste generator” means any owner or operator of a source covered by this regulation whose action or process produces asbestos-containing waste materials.

4-9

“Waste shipment record” means the shipping documents required to be originated and signed by the waste generator, and used to track and substantiate the disposition of asbestos-containing waste material.

“Working days” means the days Monday through Friday, including any holidays which fall on any of the days Monday through Friday.

“Worker” means any person who meets the certification requirements of this regulation and carries out any of the following activities with respect to friable ACM in a facility: a response action other than a SSSD activity, a maintenance activity that disturbs friable ACM other than a SSSD activity, or a response action for a major fiber release.

5-1

CHAPTER 5: GENERAL PROVISIONS

Reg. 21.501 Asbestos Inspection

The owner or operator of a demolition, renovation, or response action shall conduct, or have conducted, a thorough inspection of the affected facility or part of the facility for the presence of asbestos including category I and category II nonfriable asbestos prior to the commencement of the demolition, renovation, or response action.

Reg. 21.502 Project Design

A project design is required prior to renovation, demolition, or response action that is not a SSSD or minor release episode that involves RACM. The project design must be a written document, specific to the job in question. A copy must be maintained at the job site and be made available to Department employees upon request.

Reg. 21.503 Licensing and/or Certification Provisions

A person must meet the licensing and/or certification provisions of this regulation prior to engaging in renovations, demolitions, or response activities involving RACM including, but not limited to, the following:

(A) A person supervising any of the following activities with respect to RACM in a facility―a response action other than a SSSD activity, a maintenance activity that disturbs RACM other than a SSSD activity, or a response action for a major fiber release episode—must be trained, certified as a Contractor/Supervisor, and meet all other requirements of this regulation;

(B) A person conducting an inspection for ACM in a facility must be trained, certified as an Inspector, and meet all other requirements of this regulation;

(C) A person preparing management plans for schools must be trained, certified as a Management Planner, and meet all other requirements of this regulation;

(D) A person designing the following activities with respect to RACM in a facility―a response action other than a SSSD activity, a maintenance activity that disturbs RACM other than a SSSD activity, or a response action for a major fiber release episode―must be trained, certified as a Project Designer, and meet all other requirements of this regulation;

(E) A person who carries out any of the following activities with respect to RACM in a facility―a response action other than a SSSD activity, a maintenance activity that disturbs RACM other than a SSSD activity, or a response action for a major fiber release episode―must be trained, certified as a Worker, Contractor/Supervisor, or Air Monitor , and meet all other requirements of this regulation; and

5-2

(F) A person conducting air monitoring as defined in Chapter 4 as required by Reg.

21.901 of this regulation must be trained, certified as an Air Monitor, and meet all other requirements of this regulation. A person need not be certified under this regulation to conduct monitoring activities not required by this regulation.

6-1

CHAPTER 6: NOTIFICATIONS

Reg. 21.601 Demolition

For any demolition of a facility or facility component (even if no asbestos is present), the owner or operator shall submit a written NOI to the Department by either hand delivery, post-marked by U.S. Postal Service, or post-marked by a commercial delivery service at least 10 working days before any demolition activity begins. Such notice must be accompanied by the required fee which is described in Chapter 22 of this regulation.

Reg. 21.602 Demolition Under Order of a Government Agency

For any facility being demolished under order of a State or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, the owner or operator shall submit a written NOI to the Department by either hand delivery, postmarked by U.S. Postal Service, or commercial delivery service as early as possible before, but not later than one working day following commencement of demolition. Such notice shall be accompanied by the required fee which is described in Chapter 22 of this regulation.

Reg. 21.603 Renovation Projects

For the activities listed below, the owner or operator shall submit a NOI to the Department by either hand-delivery, post-marked by U.S. Postal Service, or post-marked by commercial delivery service at least 10 working days before asbestos stripping, removal work, or any other activity begins (such as site preparation that would break up or dislodge or similarly disturb asbestos-containing material). Such notice must be accompanied by the required fee which is described in Chapter 22 of this regulation.

(A) For any renovation project, including any nonscheduled renovation operation involving the following amounts of RACM: at least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or at least one cubic meter (35 cubic feet) where the length could not be measured previously; or

(B) For any renovation project, including any nonscheduled renovation operation involving the following amounts of resilient floor and/or associated mastic covering which contains ACM (even if no RACM is present): at least 15 square meters (160 square feet).

Reg. 21.604 Planned Renovation Operations

For planned renovation operations involving individual, nonscheduled operations of a combined additive amount of RACM to be removed or stripped during a calendar year in the amounts of at least 80 linear meters (260 linear feet) of pipe, at least 15 square meters (160 square feet) on other facility components, or at least one cubic meter (35 cubic feet) of facility components

6-2 where the length or area could not be measured previously, the owner or operator shall submit a written NOI to the Department by either hand delivery, post-marked by the U.S. Postal Service, or post-marked by a commercial delivery service by December 21 for the upcoming calendar period of January 1 through December 31. This notice must be accompanied by the required fee which is described in Chapter 22 of this regulation. To determine whether this paragraph applies to planned operations involving nonscheduled operations, the owner or operator shall predict the combined additive amount of RACM to be removed or stripped during a calendar year of January 1 through December 31.

Reg. 21.605 Emergency Renovation Operations

For emergency renovation operations involving a sudden, unexpected event that is not a SSSD or minor fiber release episode, the owner or operator shall submit a written NOI to the Department by either hand delivery, post-marked by the U.S. Postal Service, or post-marked by a commercial delivery service as early as possible, but not later than the following working day. Such notice must be accompanied by the required fee which is described in Chapter 22 of this regulation.

Reg. 21.606 NOI Requirements

All written NOI’s shall be submitted on a form provided by the Department and shall include the following:

(A) an indication of whether the notice is the original or a revised notification;

(B) name, address, and telephone number of both the facility owner and operator and the asbestos abatement contractor owner or operator;

(C) type of operation: demolition or renovation;

(D) description of the facility or affected part of the facility including the size (square meters [square feet] and number of floors) age, and present and prior use of the facility;

(E) procedure, including analytical methods, employed to detect the presence of RACM and category I and category II nonfriable ACM;

(F) estimate of the approximate amount of RACM to be removed from the facility in terms of length of pipe in linear meters (linear feet), surface areas in square meters (square feet) on other facility components, or volume in cubic meters (cubic feet) if off facility components where the length or area could not be measured previously. Also, estimate the approximate amount of category I and category II nonfriable ACM in the affected part of the facility that will not be removed before demolition;

(G) location and street address (including building number or name and floor or room number, if appropriate), city, county, and state, of the facility being demolished or renovated;

6-3

(H) scheduled starting and completion dates of asbestos removal work (or any other activity, such as site preparation that would break up, dislodge, or similarly disturb ACM) in a demolition or renovation; planned renovation operations involving individual nonscheduled operations shall only include the beginning and ending dates of the report period as described in Reg. 21.604;

(I) scheduled starting and completion dates of demolition or renovation of RACM;

(J) description of planned demolition or renovation work to be performed and method(s) to be employed, including demolition or renovation techniques to be used and description of affected facility components;

(K) description of work practices and engineering controls to be used to comply with the requirements of this subpart, including asbestos removal and waste-handling emission control procedures;

(L) name and location of the waste disposal site where the asbestos-containing waste material will be deposited;

(M) a certification that at least one Contractor/Supervisor trained as required by this regulation will supervise the stripping and removal described by this notification;

(N) for facilities described in Reg. 21.602, the name, title, and authority of the State or local government representative who has ordered the demolition, the date that the order was issued, and the date on which the demolition was ordered to begin. A copy of the order shall be attached to the notification;

(O) for emergency renovations described in Reg. 21.605, the date and hour that the emergency occurred, a description of the sudden, unexpected event, and an explanation of how the event caused an unsafe condition, or would cause equipment damage or an unreasonable financial burden;

(P) description of procedures to be followed in the event that unexpected RACM is found or category II nonfriable ACM becomes crumbled, pulverized, or reduced to powder;

(Q) name, address, and telephone number of the waste transporter;

(R) name, address, Department certification number, and telephone number of the Inspector, Project Designer, and Air Monitor; and

(S) the appropriate fee pursuant to Chapter 22 of this regulation.

Reg. 21.607 Incomplete Notifications

The Department shall review all notifications for accuracy and completeness. Notifications which are incomplete or do not otherwise meet the notification requirements of this chapter shall:

6-4

(A) be returned to the owner or operator along with a NOD;

(B) be corrected and resubmitted by the owner or operator within a time frame specified by the Department in the NOD; and

(C) be subject to a new notification period.

Reg. 21.608 Beginning Date/Asbestos Removal Change

An owner or operator who has already submitted a NOI shall notify the Department, as necessary, (1) when the beginning date for prepping and/or removal has changed and/or (2) when the amount of asbestos affected changes by at least 20%. The owner or operator shall also provide, in writing, the reason(s) for the change. Changes shall be submitted in letter form or on a revised notification form with the required fee which is described in Chapter 22 of this regulation. Delivery of the updated notice by the U.S. Postal Service, commercial delivery service, or hand delivery is required.

(A) For any start date earlier than the date provided to the Department, the owner or operator shall notify the Department in writing at least 10 working days prior to the beginning of any stripping or removal work;

(B) For any start date after the date provided to the Department, the owner or operator shall notify the Department by telephone as soon as possible before the original start date and provide the Department with a written notice of the new start date as soon as possible before, and no later than, the original start date.

Reg. 21.609 Changes to the NOI

An owner or operator who has already submitted a NOI shall notify the Department of the following changes. These changes may be submitted by phone or fax. There will be no fee for these submittals.

(A) Ending date,

(B) Scheduled work hours,

(C) Engineering controls and work practices,

(D) Disposal site,

(E) Air Monitor, Inspector,…