THE ASBESTOS REGULATOR NEWSLETTER FOR ASBESTOS PROJECT OPERATORS IN THE STATE OF UTAH No. 2 DIVISION OF AIR QUALITY May 1994 THE ASBESTOS REGULATOR This Asbestos Regulator is the second 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, and * 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 newsletter suit your needs. REMINDER OF ASHARA MANDATED CHANGE IN ACCREDITATION REQUIREMENTS On February 3, 1994, EPA published in the Federal Register the new Asbestos Model Accreditation Plan (MAP); Interim Final Rule. The new MAP took effect on April 4, 1994, and completely replaces the old MAP found at 40 CFR part 763, Appendix C to Subpart E. Single copies of this regulation may be obtained by calling the Toxic Substances Control Act (TSCA) Hotline at (202) 554-1404. Course providers must self-certify to the Regional Asbestos Coordinator by October 4, 1994, that they have updated their approved training programs to comply with the requirements of the revised MAP. The revisions grandfather all persons who possess valid accreditation as of April 3, 1994. This includes persons not currently accredited, who complete the required refresher course within a 12-month grace period to reinstate an expired accreditation, even if the refresher date is after April 3rd. For new accreditations, or accreditations which have been expired for more than 12 months, there are two options. A person may take an upgraded training course and obtain accreditation that complies with the revised MAP. Alternatively, a person may complete a training course that was approved under the old MAP and obtain a provisional accreditation. However, this person must then also complete an upgraded training course for the same discipline by October 4, 1994, to continue working beyond that date. Also remember that 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 under the 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. REVISIONS OF STATE RULES: NESHAP ADOPTION The only change to state rules involving asbestos is to the location of the incorporation of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asbestos. The reference has been moved from Utah Air Conservation Rules (UACR) section 1-4.12 to section 10-1. NEW REVISED NOTIFICATION FORMS Attached to this Asbestos Regulator is a copy of the Division's new Revised Notification form. Follow the steps below when revising notifications. 1. Get a copy of the original notification form. 2. Get a copy of the project approval letter. 3. Get a copy of the Revised Notification form. 4. Complete the information required in items I-IV, on the Revised Notification form. 5. For items V-VIII, only fill in the information that has changed from the previous notification. 6. Call the Division and talk to Susan Weisenberg or another member of the asbestos staff, and give them the information filled in above. Date changes must still be phoned in prior to the original start date. 7. Finally, complete items IX and X, and mail or FAX the form to the Division of Air Quality. The new system allows us to identify changes to the notification. In the old system, it took time to search through the revision to see what had actually changed. If you have any comments on the new form let us know; we want it to be used. FAXES ARE ACCEPTABLE WITH THE NEW REVISED NOTIFICATION FORMS Revised notification forms may be faxed into our office instead of being mailed or delevered. Remember to have item IX and X filled out after calling in and before faxing in the from. The Division fax number is 536-4099. This applies only to notification revisions only and not the original 4-page notification form. EPA DETERMINATIONS OF INTEREST EPA has published in the Federal Register an Asbestos NESHAP Clarification Regarding Analysis of Multi-layered Systems (FR / Vol.59, No. 3 / January 5, 1994). The purpose of this clarification to the rule was to re-state that this opinion is specific to joint compound, tape and wallboard where the joint compound is used to cover nail heads or cover cracks and gaps. Any other add-on materials to the wall board (e.g., sprayed-on materials, skim coats, paint, ceiling or wall texture, etc.) must be analyzed separately. 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. INFRARED (IR) FLOOR TILE REMOVAL On March 23rd, members of the asbestos staff were invited to view the operation of an infrared (IR) tile removal system. This system involved heating the tiles then removing the tile and mastic with hand scrapers while they were soft and pliable. The tile and mastic were then allowed to cool and prepared for disposal. It is the inspectors opinion that the IR removal system, as demonstrated, did not render the floor tile or mastic friable. In the case of the test material, the remaining mastic on the floor was minimal. New floor tile or another flooring material could have been installed without further mastic removal. However, the removal was not complete. The substrate may not be cut or sanded without rendering the mastic friable. Complete mastic removal would involve solvent mastic removal or bead-blasting and creating a regulated asbestos removal project. 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, 1992 to June 30, 1993 (FY - 93): * "Routine AHERA" 18, with 18 not in compliance with the Federal AHERA regulations, * "Other Persons" 30, with ten not in compliance. Three not in compliance with the Federal AHERA regulations and seven not in compliance with the State work practices rules, * "Reinspection" one with no violations, and * "For Cause" two, with two not in compliance with the Federal AHERA regulations. Total Inspections 51, with 29 not in compliance (possible AHERA violations or work practice violations). The AHERA staff processed 460 individual certifications, reviewed 58 Management Plans and audited five training courses during FY-93. NESHAP INSPECTIONS AND COMPLIANCE ACTIVITIES IN THE STATE OF UTAH Division staff conducted the following inspection and compliance activities during FY- 93: * Notifications Received 634 * Number of Complaints 35 * Number of Active Contractors 90 * Number of Inspections 166 * Notices of Violation Issued 20 * Warning Letters Issued (SCAN) 46 * Total Penalties $167,777 The Section answered approximately 3400 asbestos- related phone calls last year. UPDATED COURSE PROVIDER LIST AVAILABLE In March, the Division updated the approved course provider list for Utah. There are currently 11 active, approved course providers teaching cources in Utah. The updated list is included in the current Asbestos Rules Packet and may also be obtained by calling the section secretary at 536-4053. We do not have a record showing which courses have been upgraded to comply with the new Model Accreditation Plan. COMPLIANCE ISSUES FOR CONTRACTORS, AND COURSE PROVIDERS Maintaining records - All asbestos project operators must maintain complete records of all asbestos projects performed for two years. All records must be made available upon request to the Division of Air Quality. Course providers must also retain records of course participants for two years (8.7.1 Utah Air Conservation Rules (UACR)). Notifications - Too many Notices of Violation (NOVs) and Source Compliance Action Notices (SCANs) involving certified asbestos project operators are in response to notification violations. The new revised notification procedures described previously will help. If there are any questions regarding which projects require a notification, give us a call. If your start date changes, give us a call and revise your notification using the Revised Notification form. If your completion date changes, give us a call and revise your notification using the Revised Notification form. If you submit an incomplete notification, don't start the project without submitting the information and receiving an approval letter. Take the time to make sure that the notification form is complete and correct the first time it is submitted. This will allow us to issue a timely approval letter. Mastic removal - Based on past observations, the removal of mastic with solvents can leave behind friable asbestos- containing residue when dry. The current policy of the Hazardous Air Pollutants section is that solvent removal of floor tile mastic creates a friable asbestos-containing material, and is regulated as any other removal of friable ACM is regulated under Section 8 and Section 10-1, UACR. The only exception that has consistently been allowed is that the project operator does not have to hang 2 layers of poly on the walls and floor. A splash guard is sufficient. Otherwise, all requirements, including notification, fee, certification, and work practices, apply to solvent removal, bead blasting, or any other removal method that makes mastic friable. WE HAVE MOVED! In the last Asbestos Regulator, we announced that our offices had moved to the rear building at 1950 W. North Temple. That lasted for 14 months. As of January, 1994, we have moved again, back to the front building on the first floor. Our current address is: Utah Division of Air Quality 150 N. 1950 W. P.O. Box 144820 Salt Lake City, Utah 84114-4820 QUESTIONS CONCERNING EPA OR DIVISION STAFF CAN BE DIRECTED TO THE FOLLOWING INDIVIDUALS Questions concerning EPA Region VIII, AHERA enforcement and the new MAP may be directed to Dave Combs, Regional Asbestos Coordinator, at (303) 293-1442. EPA NESHAP enforcement questions may be directed to 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 Larry Larkin at (801) 536-4000. AHERA and certification 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 Bowen Call at (801) 536-4007 or Sarah Templeton at (801) 536-4046. For changes to notification dates contact Susan Weisenberg at (801) 536-4045. To request copies of forms or other information contact the section secretary, Shirlie VanWagoner at (801) 536-4053. The Public and Commercial buildings and public outreach position is currently vacant. The Division FAX number is (801) 536-4099.