THE ASBESTOS REGULATOR NEWSLETTER FOR ASBESTOS PROJECT OPERATORS IN THE STATE OF UTAH No. 1 DIVISION OF AIR QUALITY January 1993 THE ASBESTOS REGULATOR This Asbestos Regulator is the first in a series of informational newsletters for the asbestos industry in the State of Utah. The newsletter is designed to be a forum for sharing information between the Division of Air Quality and the regulated community. The topics covered in this, and following newsletters will include: * Changes in State and Federal asbestos regulations, * Presenting proposed changes in asbestos regulations for feedback and preliminary comment, * Sharing information on EPA opinions and guidance documents, * Providing an overview of inspections and compliance concerns with contractors, * Presenting general information on items of interest. Please let us know what you think. If there is anything that you like, or you would like to see added to this format, drop us a letter and we will make this news letter suit your needs. THE STATE CERTIFICATION PROGRAM WAS IMPLEMENTED The State certification program was put into effect on August 14, 1991, and amended the Utah Air Conservation Rules. This new certification program was developed and implemented during the FY-92 program year. As of April 1, 1992, individuals and companies collecting bulk samples in areas of unrestrained public access, or contracting for hire to collect bulk samples in any area, are required to be certified by the Executive Secretary of the Utah Air Quality Board. The first phase-in period for the certification program, was for the certification of the individual AHERA workers, and contractors/supervisors. The program began on October 1, 1991, and ended on December 31, 1991. As of January 1, 1992, all workers, and contractors/supervisors performing asbestos abatement projects in AHERA regulated facilities (schools), were required to be certified. The second phase-in period for the certification program, was for the certification of the individual inspectors, management planners, and the project designers. The second phase-in period began January 1, 1992, and ended on March 31, 1992. Any person: contracting for hire to perform an inspection; performing an asbestos inspection in any area of public access; or performing inspections, reinspections, developing AHERA management plans, or designing asbestos abatement projects for AHERA regulated facilities in the State of Utah, is required to be certified by the Division of Air Quality. At the end of the first quarter of FY-93, which ended on September 30, 1992, 606 current certification cards have been issued by the State of Utah, Division of Air Quality. Specifically, the Division has to date, certified the following AHERA disciplines to perform work in regulated facilities in the State of Utah: 75 workers, 266 contractor/supervisors, 127 inspectors, 78 management planners, and 60 project designers. ASHARA MANDATED CHANGE REQUIRES EXTENSION OF CURRENT CERTIFICATION REQUIREMENTS TO PUBLIC AND COMMERCIAL BUILDINGS Through the implementation of the federal Asbestos School Hazard Abatement Reauthorization Act (ASHARA), congress has amended the Asbestos Hazard Emergency Response Act (AHERA) to require that the accreditation requirements for all disciplines regulated under AHERA, except for management planners, be extended to public and commercial buildings. This change went into effect on November 28, 1992. The EPA has issued the following interim guidance on the ASHARA requirements: "After November 28, 1992, AHERA Section 206 requires all persons inspecting for asbestos or designing or conducting response actions in public and commercial buildings to be accredited in accordance with the (current) MAP. Persons who violate these requirements are subject to penalties of up to $5,000 per day, per violation." "`Public and commercial buildings' are all buildings other than schools and apartment buildings of fewer than 10 units. EPA interprets this term to exclude single-family homes." ASHARA does not require that any of the AHERA activities (ie. Inspections, Management Plans, Mandatory response actions, etc.) be done in public and commercial buildings. However, if certain activities involving the disturbance of asbestos are done for other reasons, accredited persons are required. In order to meet the requirements mandated by ASHARA, the State's current asbestos certification authority must be changed to extend certification requirements to persons involved with asbestos work, including inspections, repairs, and asbestos abatement in public and commercial buildings. The purpose of this change is to allow for a uniform certification standard for schools and public and commercial buildings. The current State statute is written to specifically exclude asbestos work in areas of `restrained public access,' where the owner's own workers are used, from certification and work practice requirements. Section 8, UACR does not apply in these areas. EPA will be responsible for enforcing ASHARA until the State rules are changed. As a result of ASHARA, EPA is in the process of developing regulations which among other things, revise the curriculum presented by course providers approved under the Model Contractor Accreditation Plan for States (MAP). In addition to changes in curriculum, the revised MAP also increases the training requirements for asbestos workers to 32 hours and for Contractor/supervisors the training hours are increased to 40 hours. The Model Accreditation Plan (MAP) is an appendix to AHERA which outlines the training requirements of persons involved in the inspection, development of management plans, and the carrying out of response actions involving friable asbestos- containing materials in schools. The adoption of the MAP is done by reference in Section 8.8.1 Utah Air Conservation Rules. ASHARA requires adoption of the proposed revisions to the MAP within 180 days of the States first legislative session following final publication of the revision. The timetable for these changes depends upon the date of publishing of the final rule by EPA. It may be 6 months to 18 months before any new legislation becomes enforceable. As more information is available, it will be presented in future newsletters. Parties interested in the proposed changes to the MAP should consult the May 13, 1992, Federal Register notice, 57 FR 20438. Copies of this published notice are available from the Division of Air Quality. REVISIONS OF STATE RULES TO INCLUDE THE ADDITION OF STATE EXAMINATION AND WORK PRACTICE CHANGES The State rules are in the process of being revised. Some of the potential changes include: - The addition of a uniform state examination to the accreditation requirements and a re-examination every three years, - Addition of separate certification requirements for asbestos sampling contractors, - Elimination of course approval for 16 hour worker training and 24 hour supervisor training and requiring all workers to receive 24 hours of training and supervisors to receive 32 hours of training outlined in the Model Accreditation Plan (These training hours will be increased to 32 and 40 hours when the federal ASHARA requirements are implemented. However, those persons who have received training prior to the date of implementation will not need retraining.), - Addition and clarification of definitions, - Reorganizing and clarifying the work practice requirements, and - Additional work practice requirements. These changes are in the draft form and will be distributed for public comment prior to action by the Air Quality Board. NEW DOT ASBESTOS REGULATIONS There are some new federal Department of Transportation (DOT) regulations which effect transporters of asbestos waste. These new requirements include, new manifests for each type of asbestos (blue, white, and brown), placarding of vehicles carrying asbestos, and participation in a national Hazmat registration and fee program. On October 1, 1993, new manifesting and labeling requirements for asbestos waste will go into effect. The new regulations include: - replacement of the ORM-E asbestos labeling on waste bags, - labeling containers and manifesting asbestos waste by type, - Crocidolite = RQ Blue Asbestos,9,UN2212,II, - Amosite = RQ Brown Asbestos,9,UN2212,II, and - Chrysotile = RQ White Asbestos,9,UN2590,III. The phase-in period for these changes began in 1990. DOT encourages transporters to start implementing the new labeling requirements prior to the effective date. After January 1, 1994, vehicles transporting asbestos waste, in quantities greater than 1,001 lbs., will require class 9 hazardous material placarding. As a result of the placarding requirements being implemented on January 1, 1994, carriers of greater than 5,000 lbs. of containerized asbestos in any single shipment, will require registration with the Hazardous Materials Transportation: Registration and Fee Assessment Program. This registration requirement began in 1992 for transporters of other hazardous materials. The trigger for inclusion into the program is the transportation of 2170 kg (5,000 pounds) or more of a class of hazardous material for which placarding of a vehicle, rail car, or freight container is required. The licensing fee is $300 per year (June 1, through May 31) of which $250 is placed into a national hazmat training fund. A single shipment is defined to mean hazardous material transported in a single shipment from a single facility. Questions on the new requirements may be addressed to Bruce D. Holmes, Special Agent with the U.S. Department of Transportation, (801) 963-0096. EPA DETERMINATIONS OF INTEREST Composite samples of joint compound, tape and wallboard, EPA Office of Air and Radiation, September 4, 1992. "We believe that when joint compound and/or tape is applied to wallboard it becomes an integral part of the wallboard and in effect becomes one material forming a wall system. Therefore, where a demolition or renovation impacts a wall system, a composite analysis of the wall system (percent of asbestos in the joint compound, tape and wallboard) should be conducted. If the composite analysis shows an asbestos content of greater than one percent and at least 160 square feet of the wall system is involved in the demolition or renovation, then the project would be subject to the asbestos NESHAP." This opinion is specific to joint compound, tape and wallboard. NEW PUBLICATIONS AVAILABLE The EPA has published "A Guide to Normal Demolition Practices Under the Asbestos NESHAP" EPA-340/1-92-013, September 1992. The guide contains information on: - Demolition practices and nonfriable materials - Pre-demolition building status - Demolition practices by type of ACM - Demolition practices by method - Onsite waste handling procedures - Offsite waste handling procedures The guide is available through the EPA's TSCA Assistance Hotline, at (202) 554-1404. The Division of Air Quality has published a new pamphlet, which Division staff developed concerning asbestos in public and commercial (P&C) buildings. The pamphlet contains 34 pages of basic information on inspections and operations and maintenance programs for owners and occupants of P&C buildings. The new brochure is available from the Division office and from most local health departments. AHERA INSPECTIONS AND COMPLIANCE ACTIVITIES IN THE STATE OF UTAH Division staff conducted the following inspection and compliance activities in the State of Utah from July 1, 1990 to June 30, 1992: FY-91 (July 1, 1990 to June 30, 1991) * "Routine AHERA" 32 - 32 not in compliance with the Federal AHERA regulations, * "Other Persons" 28 - 6 not in compliance, 1 not in compliance with the Federal AHERA regulations, 1 not in compliance with the State work practices rules, * "Reinspection" 1 - no violations, * "For Cause" 9 - 6 not in compliance with the Federal AHERA regulations Total Inspections 70 - 44 not in compliance 39 possible AHERA violations 5 work practice violations. FY-92 (July 1, 1991 to June 30, 1992) * "Routine AHERA" 28 - 28 not in compliance with the Federal AHERA regulations, * "Other Persons" 21 - 1 not in compliance with the State work practices rules, * "Reinspection" 3 - 1 not in compliance with the Federal AHERA regulations, * "For Cause" 2 - 2 not in compliance with the Federal AHERA regulations Total Inspections 50 - 33 not in compliance 32 possible AHERA violations 1 State work practices violation. NESHAP INSPECTIONS AND COMPLIANCE ACTIVITIES IN THE STATE OF UTAH Division staff conducted the following inspection and compliance activities in the State of Utah from October 1, 1991 to September 11, 1992: * Notifications Received 343 * # of Active Sites 347 * # of Active Contractors 87 * # of Inspections 213 * # of Contractors Inspected 42 * # of Inspections Entries 203 * Notices of Violations Issued 9 * Warning Letters Issued 12 * Administrative Orders Issued 7 * Civil Referral Issued 4 THE COMPUTERIZED NESHAP TRACKING SYSTEM The computerized Federal NESHAP (National Emission Standards for Hazardous Air Pollutants) tracking system is in place and is updated on a daily basis. The Division continues to be very active in the asbestos abatement contractor certification program. The certification program was established in March of 1988 to certify asbestos abatement contractors that conduct asbestos projects in the State of Utah. On September 23, 1992, seventy asbestos abatement contractors were certified by the State of Utah, and twenty-three contractors were certified as project operators to take samples only in the State of Utah. The Division's contractor certification list was updated on September 23, 1992. A copy of the list of certified asbestos abatement contractors in the State of Utah is available from the Division. COMPLIANCE ISSUES FOR CONTRACTORS, PROJECT OPERATORS, AND COURSE PROVIDERS Adequately wet - Materials which are not easily wetted such as magblock, or encapsulated material must wetted prior to removal and have visible excess amended water in the waste bag or container to be considered adequately wet. Sharp edged components - Materials such as broken wood, chicken wire, wire lath, etc. must be placed in properly labeled metal or fiber drums with air tight locking rings prior to removal from the work area. Remote decon - Contractors requiring a variance for the use of a remote decon, where the use of an attached five chamber decon is not feasible, must submit an appendix to their master work plan. This appendix must outline the procedures to be followed when a remote decon is necessary. The request for a variance must be made in writing and refer to the procedures in the master work plan for each project. Annual notification - Facilities which submit annual notifications, which during the course of the year conduct an individual asbestos project involving more than the NESHAP threshold amount of asbestos, must submit a complete notification and pay the applicable fee for that project. Course materials - Course providers should provide training and reference materials for students on applicable State and Federal rules. Materials should include copies of State and Federal rules, Notification forms, and instruction on when, how and which agency to notify. A PORTION OF THE DIVISION STAFF HAS MOVED TO A NEW BUILDING A portion of the Utah Division of Air Quality has moved. The two sections, which have moved are the new Hazardous Air Pollutant Section (asbestos), and the Compliance Section. These two sections have moved to the building just behind the building presently occupied by the Division of Air Quality. The address change which took effect on approximately November 16, 1992 is: Division of Air Quality, 168 North 1950 West North Temple, P.O. Box 144820, Salt Lake City, Utah, 84114-4820. Staff phone numbers will remain the same. Our fax number for a period of time will remain the same being (801) 536-4099. QUESTIONS CONCERNING EPA OR DIVISION STAFF CAN BE DIRECTED TO THE FOLLOWING INDIVIDUALS Questions concerning EPA Region VIII may be directed to Mr. David Combs, the Regional Asbestos Coordinator at (303) 293-1442, or to the Asbestos NESHAP Program, Bob Vick, at (303) 293-1240 or Brenda South, at (303) 294-7685. Questions regarding the Manager of the Hazardous Air Pollutant Section can be addressed to Mr. Larry Larkin at (801) 536-4000, AHERA questions can be addressed to either Joan Thalmann at (801) 536-4084 or Abbas Soleimani at (801) 536-4087, NESHAP questions can be addressed to either Cindy Davis-Beem at (801) 536-4072 or Sarah Panzitta at (801) 536-4046, and Questions concerning the proposed Public and Commercial building regulations can be directed to Bryce Bird at (801) 536-4064. Kent Bott has accepted a position with the Division of Air Quality's Air Monitoring Center (AMC). The move which brought Abbas Soleimani from the AMC to the AHERA program, and shifted Sarah Panzitta to NESHAP compliance, became effective January 4, 1993. We wish Kent success in his new job and welcome Abbas to the section.