THE ASBESTOS REGULATOR NEWSLETTER FOR ASBESTOS PROJECT OPERATORS IN THE STATE OF UTAH No. 3 DIVISION OF AIR QUALITY June 1995 THE ASBESTOS REGULATOR This Asbestos Regulator is the third 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. CHANGES TO THE STATE CERTIFICATION PROGRAM - OUT FOR PUBLIC COMMENT On February 3, 1994, EPA published in the Federal Register the new 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. Copies of this regulation may be obtained by calling the TSCA Hotline at (202) 554-1404. To comply with the new federal regulations, the Division of Air Quality is revising the State rules. The proposed rules include the following changes: * Extending the current certification program in place for schools to cover the same asbestos-related activities in all public and commercial buildings, including areas of non-public access; * Upgrading the course provider requirements to comply with the new MAP; * Revising definitions to bring them in line with the MAP; * Adding "Consultant in Training Certification" for Inspectors, Management Planners, and Project Designers who have met the training requirements but do not have the experience necessary for full certification A public hearing will be held on July 5, 1995, at 1:30 p.m. at the Department of Environmental Quality, Room 201, at 168 N. 1950 West in Salt Lake City. The comment period closes at 5:00 p.m. on July 17, 1995. Copies of the rule are available at the local health departments, the Division of Air Quality or electronically on the State BBS, (801) 538-3383. OSHA ASBESTOS RULE The Occupational Safety and Health Administration (OSHA) promulgated a final rule on August 10, 1994, "Department of Labor, Occupational Safety Health Administration 29 CFR Part 1910, Occupational Exposure to Asbestos, Final Rule." The standard becomes effective on July 10, 1995. The new OSHA rules amend the general industry standard for asbestos, 1910.1001, and replace the existing construction standard with 1926.1101. There are many changes which will affect all asbestos projects and buildings in the State of Utah. Some of the major changes include: * Work classification - 4 classes of asbestos work defined with specific control requirements, required training and protective equipment; * Permissible exposure limit (PEL) lowered to 0.1 f/cc as an 8-hour time-weighted average (TWA) and a short-term exposure limit (STEL) of 1 f/cc averaged over a period of 30 minutes; * Exposure assessments and monitoring - exposure assumed to be above the PEL unless there is a negative exposure assessment; and * Communication of hazards - identification of Asbestos-Containing Materials (ACM) and Presumed ACM (PACM). For information on the new standards for asbestos, and to request copies of the regulations or the published guidance for the new regulations, contact the Industrial Commission of Utah at (801) 530-6901. NOTIFICATION AND CERTIFICATION FEES CHANGING ON JULY 1, 1995 Effective July 1, 1995, the Division of Air Quality fee schedule is as follows: Employee Certification and Re-certification $50.00 Contractor Certification Initial Year $300.00 Following Year $100.00 Consultant Certification Initial Year $150.00 Following Year $50.00 New Course Approval $500.00 Notification Review, NESHAP Projects $200.00 NESHAP Projects, > 5,000 sq. ft. $500.00 or 5,000 linear ft. Residential Units (non-NESHAP) $50.00 Annual Notifications $300.00 Asbestos Rules Packet $5.00 EPA ADVISORY, IMPROVED METHOD OF BULK SAMPLE ANALYSIS On August 1, 1994, EPA published in Federal Register / Vol. 59. No. 146 / Pg. 38970, an announcement of an improved method of analysis for determining the asbestos content of floor tile and bulk materials with multiple layers. The improved method is entitled "Method for the Determination of Asbestos in Bulk Building Materials" (EPA/600/R-93/116). Copies of the method may be obtained by requesting PB93-218576 from the National Technical Information Service at (800)553-6847. The improved method is able to determine the presence of thin asbestos fibers (<0.25 micrometers). EPA recommends that local education agencies (LEAs) use the improved methods in place of the 1982 procedures found in 40 CFR part 763 Appendix A to Subpart F. EPA also recommends that LEAs, which have PLM laboratory results for floor tile and multi-layered materials which were determined to be nonasbestos-containing, assume that the materials are asbestos-containing, or resample and analyze them by the 1993 EPA Test Method when conducting projects subject to NESHAP. AHERA INSPECTIONS AND COMPLIANCE ACTIVITIES IN THE STATE OF UTAH Division staff conducted the following inspections and compliance activities in the State of Utah during FY-94, July 1, 1993 to June 30, 1994: * 4 "Routine AHERA" inspections, with 4 sites where AHERA violations were observed; * 16 "Other Persons" inspections, with 3 sites where AHERA violations were observed, and 8 sites where State work practice rule violations were observed; * 30 "Reinspections", with 30 sites where AHERA violations were observed; and * 5 "For Cause" inspections, with 1 site where AHERA violations were observed, and 2 sites where State work practice rule violations were observed. Of the 55 inspections that were conducted by Division staff, 48 inspection sites were out of compliance with either the Federal AHERA regulations or the State work practice rules. NESHAP INSPECTIONS AND COMPLIANCE ACTIVITIES IN THE STATE OF UTAH Division staff conducted the following inspection and compliance activities during FY- 94: * Notifications Received 593 * Number of Complaints 37 * Number of Active Contractors 72 * Number of Inspections 130 * Notices of Violation Issued 25 * Warning Letters Issued (SCAN) 46 * Total penalties collected $94,650 The Section answered 4,171 asbestos-related phone calls last year. UPDATED COURSE PROVIDER LIST AVAILABLE In February, the Division updated the approved course provider list for Utah. There are currently 6 active, approved course providers. The updated list is included in the current Asbestos Rules Packet and may also be obtained by calling the section secretary at 536-4053. These are the only course providers which self-certified to comply with the new Model Accreditation Plan. COMPLIANCE ISSUES FOR PROJECT OPERATORS, AND COURSE PROVIDERS Waste Shipment Records - The waste shipment record must contain the ultimate destination of the asbestos waste not the transfer station. Notifications - Attached are copies of our new notification forms. Please discard your old ones and start using the correct version for notifications submitted after July 1, 1995. WordPerfect formatted versions are available if you provide the disk. Incomplete Notifications - You have five days after submitting an incomplete notification to provide the missing information. If a notification is not complete within five days, it will be discarded and the 10-working day period will start again when a complete notification is received. Decons - Although it is not explicit in the rules, the dirty side (equipment room, airlock and shower) of the worker decontamination is part of the containment and requires two layers of poly. Also, please construct the decon out of opaque material. STATUS OF THE NEW LEAD PROGRAM IN THE DIVISION OF AIR QUALITY The Environmental Protection Agency (EPA) has recently published proposed regulations governing lead-based paint activities. Proposed regulations in 40 CFR Part 745, published September 2, 1994, will regulate individuals who perform lead abatement services to assure that they are properly trained and also assure that training programs are accredited. The proposed rule would also establish standards for performing lead-based paint activities and require that those activities be performed by a certified person. A model state program has been included in the proposed regulations which would provide states the opportunity to administer and enforce the lead-based paint program. These proposed regulations are scheduled to be finalized later this year. Additional proposed regulations for lead-based paint are presently being worked on by the EPA. The proposed regulations include the creation of standards for dangerous lead levels, environmental sampling laboratories, and the creation of a lead hazard information pamphlet which would be distributed at the time of real estate transactions and during renovations, record keeping and reporting requirements, and control of lead-based paint at federal facilities. These and other lead related topics will be published in the Federal Register when the proposed regulations are completed. In a related issue, the EPA and the Department of Housing and Urban Development (HUD) have jointly issued proposed regulations requiring the disclosure of possible lead-based paint hazards on most pre-1978 homes and apartments. 40 CFR Part 745 and 24 CFR Part 38, published November 2, 1994, would require that an acknowledgement form be attached and executed for all leases and sales contracts of target housing. Target housing has been defined as "...any housing constructed before 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 reside in such housing) or any 0-bedroom dwelling". These regulations would require a seller, lessor or agent thereof to provide the purchaser or lessee with any information regarding the presence of lead-based paint as well as an EPA pamphlet discussing lead-based paint hazards. The purchaser or lessee would be given the opportunity to perform an assessment to evaluate the potential lead hazard prior to being obligated to finalize a contract. These proposed regulations are also scheduled to be finalized sometime later this year. Robert Ford has recently joined our staff to deal with lead-based paint issues. If you have any questions regarding lead-based paint, call Bob at your convenience at (801) 536-4451. 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 for the Manager of the Hazardous Air Pollutant Section can be addressed to Larry Larkin at (801) 536-4000. AHERA and employee certification questions can be addressed to either Joan Thalmann at (801) 536-4084 or Abbas Soleimani at (801) 536-4087. NESHAP and contractor certification questions can be addressed to either Bowen Call at (801) 536-4007 or Ben Dattilo at (801) 536-4173. 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. Questions concerning Lead Based Paint may be directed to Robert Ford at (801) 536-4451. The Division FAX number is (801) 536-4099. Sarah Templeton (801) 536-4046, and Bryce Bird (801) 536-4064, are still with the section but mainly will be working with NESHAPs other than asbestos. Our current address is: Utah Division of Air Quality 150 N. 1950 W. P.O. Box 144820 Salt Lake City, Utah 84114-4820