R307-1-8. Asbestos Certification, Asbestos Work Practices, and Implementation of Toxic Substances Control Act, Title IIContents:
"Adequately wet" means to sufficiently mix or penetrate with liquid to prevent the release of particulate. 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. "AHERA" means the federal Asbestos Hazard Emergency Response Act of 1986 and the Environmental Protection Agency implementing regulations, 40 CFR Part 763, Subpart E - Asbestos-Containing Materials in Schools.
"Airlock" means a system for allowing access to an area with minimum air movement through the system. The airlock typically consists of two curtained doorways separated by a distance of at least 3 feet such that personnel pass through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway, thereby preventing flow-through of contaminated air.
"Amended water" means a mixture of water and a chemical surfactant or a wetting agent that provides equivalent control of asbestos fiber release.
"Asbestos" means the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, and actinolite-tremolite.
"Asbestos-containing material" means any material containing more than one percent (1%) asbestos as determined using the method specified in Appendix A, Subpart F, 40 CFR Part 763 Section 1, Polarized Light Microscopy. If the asbestos content is less than 10% as determined by a method other than point counting using polarized light microscopy (PLM), verify the asbestos content by point counting using PLM.
"Asbestos contractor" means any person who contracts for hire to perform an asbestos project or an asbestos inspection.
"Asbestos Inspection" means an activity undertaken to determine the presence or location, or to assess the condition of, asbestos-containing material or suspected asbestos-containing material, whether by visual or physical examination, or by taking samples of the material. This term includes reinspections of the type described in AHERA, 40 CFR 763.85(b), of known or assumed asbestos-containing material which has been previously identified. The term does not include the following:
1. periodic surveillance of the type described in AHERA, 40 CFR 763.92(b), solely for the purpose of recording or reporting a change in the condition of known or assumed asbestos-containing material;
2. inspections performed by employees or agents of federal, state, or local government solely for the purpose of determining compliance with applicable statutes or regulations; or
3. visual inspections of the type described in AHERA, 40 CFR 763.90(i), solely for the purpose of determining completion of response actions.
"Asbestos project operator" means any asbestos contractor, any person responsible for the persons performing an asbestos project in an area to which the general public has unrestrained access, or any LEA responsible for the persons performing an asbestos project in a school building subject to AHERA.
"Asbestos removal" means the stripping of asbestos-containing materials from surfaces or components of a structure and to take out structural components that contain or are covered with friable asbestos-containing material from a structure.
"Asbestos waste" means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to R307-1-8. This term includes filters from control devices, friable asbestos-containing waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovations, this term includes materials contaminated with asbestos including disposable equipment and clothing.
"Asbestos worker" means a person who,in a nonsupervisory capacity, performs an asbestos project.
"CFR" means Code of Federal Regulations.
"Certification" means an authorization issued by the executive secretary to persons who engage in asbestos projects or who act as asbestos workers, supervisors, inspectors, project designers, or management planners.
"Clean room" means an uncontaminated area or room which is part of the worker decontamination system and which has provisions for storage of workers' street clothes and clean protective equipment.
"Consultant" means a person who acts as an inspector, management planner, project designer, or any combination thereof.
"Delegated local agency" means a public agency having a memorandum of agreement with the Utah Department of Environmental Quality, Utah Air Quality Board, that assigns designated responsibilities for the administration of NESHAP Subpart M and/or R307-1-8 to the public agency.
"Demolition" means the wrecking or removal of any load-supporting structural member of a structure together with any related handling operations or the intentional burning of any structure.
"Emergency renovation operation" means any asbestos project which 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 failure of equipment.
"Encapsulation" means the application of an encapsulating agent to asbestos-containing materials to control the release of asbestos fibers into the air.
"Encapsulating agent" means a coating applied to the surface of friable asbestos-containing materials for the purpose of preventing the release of asbestos fibers. The encapsulating agent creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).
"Enclosure" means an airtight, impermeable, permanent barrier around asbestos containing material to prevent the release of asbestos fibers into the air.
"Equipment room" means a contaminated area or room which is part of the asbestos worker decontamination system with provisions for storage of contaminated clothing and equipment.
"Friable asbestos-containing material" means any asbestos-containing material that hand pressure can crumble, pulverize, or reduce to powder when dry.
"HEPA filtration" means the high efficiency particulate air filtration found in respirators and vacuum systems capable of filtering particles greater than 0.3 micron in diameter with 99.97% efficiency, for use in asbestos-contaminated environments.
"Inspector" means a person who performs an asbestos inspection.
"LEA" means a local education agency as defined in AHERA.
"Management planner" means a person who prepares a management plan for a school building subject to AHERA.
"Minor fiber release episode" means any uncontrolled or unintentional disturbance of asbestos-containing material resulting in a visible emission which involves the falling or dislodging of three square or linear feet or less of friable asbestos-containing material.
"Model Accreditation Plan" means 40 CFR Part 763, Subpart E, Appendix C, Asbestos Model Accreditation Plan.
"NESHAP" means the National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61, Subpart M, the National Emission Standard for Asbestos.
"NESHAP size asbestos project" means any asbestos project that involves at least:
(a) 260 linear feet (80 meters) of pipe covered with friable asbestos-containing material;
(b) 160 square feet (15 square meters) of friable asbestos-containing material used to cover or coat any duct, boiler, tank, reactor, turbine, equipment, structure, structural member, or structural component; or
(c) 35 cubic feet (one cubic meter) of friable asbestos-containing material removed from structural members or components where the length and area could not be measured previously.
"Planned asbestos project" means asbestos projects in which the amount of asbestos-containing material to be removed, stripped, or otherwise disturbed within a calendar year, January 1 through December 31, is the NESHAP size. This term includes nonscheduled renovation operations necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience.
"Project designer" means a person who designs an asbestos project other than:
1. a small-scale, short duration asbestos project; or
2. an asbestos project necessitated by a minor fiber release episode.
"Public agency" means any federal or state department, bureau, institution or agency thereof, any municipal corporation, county, city, or other political or taxing subdivision of the state.
"Renovation" means altering in any way one or more structural components. Operations in which load-supporting structural members are wrecked or taken out are excluded.
"Response Action" means a method, including removal, encapsulation, enclosure, repair, and operation and maintenance, that protects human health and the environment from friable asbestos-containing material.
"Shower room" means a room between the clean room and equipment room in the worker decontamination system with hot and cold or warm running water controllable at the tap and suitably arranged for complete showering during worker decontamination.
"Single family residential dwelling" means any structure or portion of a structure whose primary use is for housing of one family. Residential portions of multi-unit dwellings such as apartment buildings, condominiums, duplexes and triplexes are also considered to be, for the purposes of R307-1-8, single family residential dwellings; common areas such as hallways, entryways, and boiler rooms are not single family residential dwellings.
"Site supervisor" means a person who meets the definition of a "competent person" as cited in 29 CFR 1926.1101 (OSHA) and has the authority to act as the agent of the asbestos project operator at the asbestos project work site.
"Small-scale, short-duration asbestos project" means an asbestos project such as, 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 on a valve;
(4) installation or removal of a small section of drywall;
(5) installation of electrical conduits through or proximate to asbestos-containing materials. Small-scale, short-duration asbestos projects can further be defined by the following considerations:
(6) removal and/or repair of small quantities of asbestos-containing materials only if required in the performance of another maintenance activity not intended as asbestos abatement;
(7) removal of asbestos-containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glove bag;
(8) minor repairs to damaged thermal system insulation which do not require removal;
(9) repairs to a piece of asbestos-containing wallboard;
(10) repairs, involving removal, encapsulation or enclosure, to small amounts of friable asbestos-containing material only if required in the performance of emergency or routine renovation activity 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.
"Structural component" means any pipe, duct, boiler, tank, reactor, turbine, or furnace at or in a structure or any structural member of the structure.
"Structural member" means any load-supporting member of a structure, such as beams and load-supporting walls or any non-load-supporting member, such as ceilings and non-load-supporting walls.
"Structure" means, for the purposes of R307-1-8: any institutional, commercial, residential, or industrial building, equipment, building component, installation, or other construction.
"Supervisor" means a person who carries out or oversees an asbestos project.
"TSCA accreditation" means successful completion of training as an inspector, management planner, project designer, contractor/supervisor, or worker, as specified in the Toxic Substances Control Act, Title II.
"TSCA Title II" means 15 U.S.C. 2641 through 2656, Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, and 40 CFR Part 763, Subpart E - Asbestos-Containing Materials in Schools, including appendices.
"Waste generator" means any owner or operator of a source covered by R307-1-8 whose act or process produces asbestos waste.
"Waste shipment record" means the shipping document, that the waste generator originates and signs, and is used to track and substantiate the disposition of asbestos waste.
"Worker decontamination system" means an enclosed area, isolated from areas which are not contaminated with asbestos, consisting of a clean room, shower room, and equipment room, each separated from the other by airlocks and accessible through doorways protected with two overlapping polyethylene sheets.
"Working day" means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.
8.2.1 Certification and Accreditation Requirements.
A. Asbestos project in a structure.
(1) The following persons shall be certified, as specified under Subsection R307-1-8.3, prior to conducting an asbestos project in a structure:
(a) asbestos contractors; and
(b) asbestos workers; and
(c) persons who disturb any amount of friable asbestos- containing material in areas to which the general public has unrestrained access.
(1) asbestos contractors;
(3) asbestos workers;
(5) management planners; and
(6) project designers.
8.2.2 Work Practice Requirements.The work practice requirements of Section R307-1-8 apply to any asbestos project operator who performs an asbestos project; persons who disturb any amount of friable asbestos-containing material in an area where the general public has unrestrained access; and to asbestos workers, supervisors, and consultants who perform work on an asbestos project.
8.2.3 The requirements of R307-10-1 (NESHAP 40 CFR Part 61 Subpart M, the National Emission Standard for Asbestos) apply to asbestos projects subject to R307-1-8.
8.3.1 Asbestos Contractor, Supervisor, and Consultant Certification Requirements.
A. Certificate required.
(1) The following persons shall obtain a certificate:
(a) Asbestos contractors, prior to engaging in an asbestos project in a structure;
(b) inspectors, prior to contracting for hire to perform an asbestos inspection, performing an asbestos inspection in an area to which the general public has unrestrained access, or performing an asbestos inspection in a building subject to TSCA Title II (public and commercial building);
(c) supervisors, asbestos workers, and project designers, prior to engaging in an asbestos project subject to the accreditation requirements of TSCA Title II; and
(d) management planners, prior to preparing a management plan for a school building subject to AHERA.
(1) submit a completed application to the executive secretary on forms provided by the executive secretary;
(2) pay the authorized certification fee to the Division of Air Quality; and
(3) provide evidence that they have complied with the requirements of the applicable Subsections R307-1-8.3.2, R307-1-8.3.3, R307-1-8.3.4, or R307-1-8.3.5, respectively, and any additional information requested by the executive secretary.
8.3.2 Asbestos Contractor.
A In order to be certified as required under Subsection R307-1-8.3.1.A(1), an asbestos contractor shall submit:
(1) a master plan that describes in detail how the contractor will comply with Section R307-1-8 during asbestos projects or asbestos inspections, including the setup procedures, work practices, decontamination and cleanup practices, and equipment that will be typically used during asbestos projects;
(2) copies of medical surveillance records of employees and the contractor's respiratory protection program as required by 29 CFR 1926.1101 (OSHA);
(3) a list of the other states where the asbestos contractor is licensed or certified for asbestos project work, if applicable; and a list of all previous names used by the asbestos contractor;
(4) a description of past compliance history relating to asbestos activities, if applicable;
(5) evidence that all asbestos workers and supervisors who conduct work on an asbestos project:
(a) subject to TSCA Title II are certified as specified in the applicable Subsections of R307-1-8.3; and
(b) in a structure are TSCA accredited or passed a training course approved in accordance with Subsection R307-1-8.4.5; and
8.3.3 Supervisor.In order to be certified as a supervisor as required under Subsection R307-1-8.3.1.A, supervisors shall submit certificates of initial and current contractor/supervisor TSCA accreditation in a state that has a Contractor Accreditation Program that meets the Model Accreditation Plan or from a training course approved in accordance with Subsection R307-1-8.4.5.
8.3.4 Asbestos Worker.In order to be certified as an asbestos worker as required under Subsection R307-1-8.3.1.A, asbestos workers shall submit certificates of initial and current asbestos worker TSCA accreditation in a state that has a Contractor Accreditation Program that meets the Model Accreditation Plan or from a training course approved in accordance with Subsection R307-1-8.4.5.
8.3.5 Consultant and Consultant-in-training.A consultant may be certified to perform asbestos-related activities in one or more of the following disciplines: inspector; management planner; or project designer. A consultant-in-training may be certified in one or more of the following disciplines: inspector in training; management planner in training; or project designer in training.
A. Certified Consultant.
(1) In order to be certified as a consultant, an applicant shall submit:
(a) evidence from employers of the appropriate hours of experience as specified in R307-1-8.3.5.A(2), (3) (4) and (5) in performing the duties outlined for the specific discipline in Subsection R307-1-8.3.5.B.; and
(b) certificates of initial and current TSCA accreditation for the specific discipline in a state that has a Contractor Accreditation Program that meets the Model Accreditation Plan or from a training course approved in accordance with Subsection R307-1-8.4.5.
(3) An applicant with a bachelor's degree in engineering, architecture, industrial hygiene, science or a related field must have at least 1,000 hours experience as specified under Subsection R307-1-8.3.5.A(1)(a).
(4) An applicant with a two year associate degree in a field related to engineering, architecture, industrial hygiene, science, or a similar field must have at least 2,000 hours experience as specified under Subsection R307-1-8.3.5.A(1)(a).
(5) An applicant with a high school degree must have at least 4,000 hours experience as specified under Subsection R307-1-8.3.5.A(1)(a).
(1) Inspector: experience performing the field work portion of asbestos inspections, including collecting bulk samples, categorizing asbestos containing material, assessing asbestos containing material, and preparing inspection reports;
(2) Management Planner.
(1) In order to be a consultant certified as a management planner, an applicant shall submit:
(a) evidence from employers of experience evaluating inspection reports, selecting response actions, analyzing the cost of response actions, ranking response actions, preparing operations and maintenance plans, and preparing management plans. The inspector experience requirements as specified under Subsection R307-1-8.3.5.B(1) may be substituted for Subsection R307-1-8.3.5.B(2) to meet the management planner experience requirements.
(1) certificates of initial and current TSCA accreditation for the specific discipline in a state that has a Contractor Accreditation Program that meets the Model Accreditation Plan or from a training course approved in accordance with Subsection 8.4.5; and
(2) the name and certification number of the certified consultant(s) who will directly supervise and review the performance of all duties listed in Subsection R307-1-8.3.5.B for the specific discipline.
8.3.6 Exemption of Supervisors from Certification as an Asbestos Worker. A certified supervisor may perform the duties of an asbestos worker without being certified or accredited as an asbestos worker.
8.3.7 Action on an Application.
A. Response to Application. Within 30 calendar days after receiving a completed application, including all additional information requested, the executive secretary will issue certification or deny the application.
B. Denial of Application.
(1) The executive secretary may deny an application if the executive secretary determines that the applicant has not demonstrated compliance and/or the ability to comply with the applicable requirements, procedures, and standards established by Sections R307-1-8 and R307-10-1 (NESHAP Subpart M, the National Emission Standard for Asbestos).
(2) Upon being denied certification, the applicant may request a hearing before the Utah Air Quality Board as provided by law.
8.3.8 Suspension and Revocation.The executive secretary may revoke or suspend any certification based upon violations of any requirement stated herein or in Section R307-10-1 (NESHAP). Justifications for suspension or revocation may include, but are not limited to: falsification or knowing omission of any written submittals required as part of Section R307-1-8, omission or improper use of work practices, improper disposal of friable asbestos-containing materials, spread of asbestos beyond the containment area, use of untrained or unaccredited workers for asbestos projects, or use of improper respirators. Certification may be revoked or suspended if the certified person fails to have his certification at the work site, permits the duplication or use of his own certification or TSCA accreditation by another, performs work for which certification or TSCA accreditation has not been received, or obtains TSCA accreditation from a training provider that does not have approval for the specific discipline in accordance with the Model Accreditation Plan.
8.3.9 Duration and Renewal of Certification.
A. Duration. Unless revoked or suspended, a certification shall remain in effect:
(1) for a period of one year from the date of issuance of certification as an asbestos contractor, or
(2) until the expiration date of the current certificate of TSCA accreditation submitted with an asbestos worker's, supervisor's, or consultant's application for certification or recertification.
(1) the asbestos contractor:
(a) submits a completed application for renewal on forms provided by the executive secretary not sooner than 90 days nor later than 30 days from the date of expiration;
(b) has complied with all applicable requirements and rules.
(a) submits a completed application for renewal on a form provided by the executive secretary no later than one year from the date of expiration of previous certification, and
(b) submits a certificate of TSCA accreditation for initial or refresher training in the specific discipline.
8.3.10 Procedure for Obtaining a Duplicate Certificate.The executive secretary may issue a duplicate certificate to replace a lost, stolen, or mutilated certificate. The certificate holder shall submit a completed application for a duplicate certificate on a form provided by the executive secretary. A duplicate certificate shall have "duplicate" stamped on the face and shall bear the same number and expiration date as the original certificate.
8.4.1 Asbestos Worker Training.Each asbestos project operator shall ensure that each asbestos worker assigned to perform work on an asbestos project for the operator has had initial and annual review training at a course approved by the executive secretary. Asbestos workers on projects subject to TSCA Title II must have the appropriate TSCA accreditation. Training courses for TSCA accreditation shall meet the specifications for a worker course in the Model Accreditation Plan, including course length, instructor qualifications, hands-on training, and written examination. Training courses other than TSCA accreditation courses shall cover the following topics:
A. Initial Training. The initial training course for asbestos workers shall provide a minimum of 16 hours of training covering the topics specified below:
(1) physical characteristics of asbestos (fiber size, aerodynamics);
(2) methods of recognizing and identifying asbestos;
(3) health effects of asbestos exposure and methods used to recognize asbestos-related diseases;
(4) relationship between smoking and asbestos exposure in producing lung cancer;
(5) use of personal hygiene and protective equipment, storage and laundering of launderable clothing;
(6) purpose, proper use, fitting instructions, and limitations of respirators in accordance with OSHA 29 CFR 1926.1101;
(7) state-of-the-art work practices for performing asbestos abatement activities, including the purpose, proper construction, and maintenance of barriers and decontamination enclosure systems; posting of warning signs; electrical and ventilation system lockout; proper working techniques for minimizing fiber release; use of wet methods and surfactants; use of negative pressure ventilation equipment; use of glove bags; use of HEPA vacuums; and proper cleanup and disposal procedures;
(8) OSHA medical surveillance program requirements;
(9) OSHA air monitoring procedures and requirements;
(10) review of R307-1-8, NESHAP, and OSHA requirements, including information disclosure requirements, and how to contact the agencies responsible for enforcing them;
(11) individual instruction consisting of an individual qualitative respirator fit test and an opportunity to use respirators; and
(12) additional safety hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos, fire and explosion hazards, slips, trips, and falls, and confined spaces.
8.4.2 Supervisor Training:
A. Initial Training. Supervisors shall complete a contractor/supervisor TSCA accreditation course in a state that has a Contractor Accreditation Program that meets the Model Accreditation Plan or from a training course approved in accordance with Subsection R307-1-8.4.5. The training course shall meet the specifications for a contractor/supervisor course in the Model Accreditation Plan, including course length, instructor qualifications, hands-on training, and written examination.
B. Annual Training. Supervisors shall attend a 1-day refresher training course annually. The annual refresher course must be approved by a state that has a Contractor Accreditation Program that meets the Model Accreditation Plan or be approved in accordance with Subsection R307-1-8.4.5. The training course shall meet the specifications for a contractor/supervisor refresher course in the Model Accreditation Plan.
8.4.3 TSCA Accreditation.Each person seeking TSCA accreditation shall complete the initial and refresher training outlined in the Model Accreditation Plan.
8.4.4 Examination Required.
A. The asbestos project operator shall ensure that each person who has completed the initial training specified in Subsection R307-1-8.4 has taken and passed a written closed book examination that adequately covers the topics included in the training course. A passing score for the examination is 70 percent or above. The person conducting the training course shall administer the examination.
B. Each person seeking TSCA accreditation shall pass a written closed book examination as specified in the Model Accreditation Plan. The accreditation examination required for any course approved under this subsection shall be administered by the person conducting the training course.
8.4.5 Approval of Training Courses.
A. Initial Training Courses: Persons desiring approval of courses conducted for the purpose of providing the initial training required under Section R307-1-8 shall submit the following to the executive secretary for review:
(1) name, address, phone number, and institutional affiliation of person sponsoring the course;
(2) a list of States that currently approve the training course;
(3) the course curriculum;
(4) a letter that clearly indicates how the course meets the applicable Model Accreditation Plan and Subsection R307-1-8 requirements for:
(a) length of training in hours or days, as applicable;
(b) amount and type of hands-on training, if applicable;
(c) examinations (length, format, example of examination or questions, and passing scores);
(d) topics covered in the course;
(6) a detailed statement about the development of the examination used in the course;
(7) names and qualifications of all course instructors, who must have academic credentials and/or field experience in asbestos abatement; and
(8) description and an example of numbered certificates issued to students who attend the course and pass the examination. The numbered certificate shall include a unique certificate number, the name of the student and the course completed, the dates of the course and the examination, an expiration date 1 year from the date the student completed the course and examination, the name, address, and telephone number of the training provider that issued the certificate, and a statement that the person receiving the certificate has completed the requisite training for TSCA accreditation.
(1) length of training;
(2) topics covered in the course;
(3) a copy of all course materials;
(4) names and qualifications of all course instructors;
(5) description and an example of numbered certificates issued to students who attend the course. The numbered certificate shall include a unique number, the name of the student, the course completed, the date of the course, and an expiration date 1 year from the date the student completed the course, the name, address, and telephone number of the training provider that issued the certificate, and a statement that the person receiving the certificate has completed the requisite training for TSCA accreditation.
(1) submits the written notification required in Subsections R307-1-8.4.5.A or R307-1-8.4.5.B above;
(2) demonstrates to the satisfaction of the executive secretary that the course provides the minimum training specified in the applicable subsections of R307-1-8.4.1, R307-1-8.4.2, and R307-1-8.4.3;
(3) agrees to:
(a) provide the executive secretary with the names, social security numbers, and certificate numbers of all persons successfully completing the course;
(b) provide the executive secretary with an up-to-date course schedule stating all times and locations at which the course will be presented;
(c) provide the executive secretary with the name and qualifications of any new course instructor prior to the new instructor presenting a training course;
(d) keep the records specified for training providers in the Model Accreditation Plan; and
(e) permit the executive secretary or his authorized representative to attend, evaluate and monitor any training course without receiving advance notice from the executive secretary and without charge to the executive secretary.
E. Training courses shall be reviewed annually by the executive secretary to determine their acceptability for continued approval.
F. Training obtained from a course which has not been approved by the executive secretary may be accepted if the executive secretary determines that the course provided training equivalent to that required in R307-1-8. TSCA accreditation courses already approved in a state that has a Contractor Accreditation Program that meets the TSCA Title II Appendix C Model Plan, or approved by EPA under TSCA Title II are considered to be equivalent to the TSCA accreditation training required in Section R307-1-8.
8.4.6 Approval of New Training Course Instructors.
A. Each course provider approved under Subsection R307-1-8.4.5 shall obtain approval for any course instructor not included in the initial course approval. To obtain approval of an instructor, the course provider shall submit:
(1) the name and qualifications of the course instructor, who must have academic credentials and/or field experience in the discipline for which they are an instructor; and
(2) a list of the courses and specific topics which will be taught by the instructor.
8.5.1 NESHAP Size Asbestos Projects.After November 20, 1990, an asbestos project operator shall submit a written notification, in accordance with this subsection, for each NESHAP size asbestos project he performs.
A. If the NESHAP size asbestos project will be performed at a location:
(1) that is within the jurisdiction of a delegated local agency, submit the written notification and pay the appropriate notification fee to the delegated local agency; or
(2) that is not within the jurisdiction of a delegated local agency, submit the written notification to the executive secretary and pay the authorized notification fee to the Division of Air Quality.
C. Postmark or deliver the written notice within the following time periods:
(1) If the operation is a NESHAP size asbestos project, notify the appropriate agency at least ten working days before disturbing asbestos containing material.
(2) If the operation is a planned asbestos project, notify the appropriate agency at least ten working days before the beginning of the calendar year, January 1, during which the project(s) will occur.
(3) If the operation is an emergency asbestos project, notify the appropriate agency as early as possible, but not later than, the following working day.
E. Written notifications must include the following information:
(1) the type of notification: original or revised;
(2) the name, address, and telephone number of the owner of the structure, removal contractor, and any other contractor working on the project, and the removal contractor identification number;
(3) the type of operation: demolition or renovation;
(4) a description of the structure that includes:
(a) the size (in square feet or square meters);
(b) the number of floors;
(c) the age; and
(d) the present and prior uses;
(6) an estimate of the approximate amount of asbestos containing material to be stripped using the appropriate units;
(7) an estimate of the amount of nonfriable asbestos containing material in the affected part of the structure that will not be removed before demolition;
(8) the location and address, including building number or name and floor or room number, if appropriate, street address, city, county, state, and zip code of the structure being demolished or renovated;
(9) the scheduled starting and completion dates of asbestos removal work in a renovation or demolition, with the exception of government ordered demolitions;
(10) the beginning and ending dates of the report period for planned renovation operations;
(11) a description of procedures for handling the finding of unexpected asbestos containing material or nonfriable asbestos containing material that has become friable;
(12) a description of planned demolition or renovation work including the demolition and renovation techniques to be used and a description of the affected structural components;
(13) a description of work practices and engineering controls to be used to prevent emissions of asbestos at the demolition or renovation work site;
(14) the name and location of the waste disposal site where the asbestos waste will be deposited, including the name and telephone number of waste disposal site contact; and
(15) the name, address, person to contact, and telephone number of the waste transporter;
(16) If the structure will be demolished under an order of a state or local government agency, include in the written notification the name, title, and authority of the government representative ordering the demolition, the date the order was issued, the date the demolition was ordered to commence. Attach a copy of the order to the notification.
(17) If an emergency asbestos project will be performed, include in the written notification the date and hour the emergency occurred, a description of the event and an explanation of how the event has caused unsafe conditions or would cause equipment damage, or unreasonable financial burden.
8.5.2 Other Asbestos Projects:
A. If an asbestos project operator performs demolition activities in a structure involving asbestos containing material in a quantity less than the NESHAP size, even if no asbestos is present, submit a written notification in accordance with Subsections R307-1-8.5.1.A, R307-1-8.5.1.B, R307-1-8.5.1.D, R307-1-8.5.1.E(1) through (8), R307-1-8.5.1.E(10), and R307-1-8.5.1.E(11) at least ten days before commencement of the demolition.
B. If demolition of a structure is ordered by a state or local government agency because the structure is unsound and in danger of imminent collapse, submit written notification in accordance with Subsections R307-1-8.5.1.A, R307-1-8.5.1.B, and R307-1-8.5.1.E as early as possible, but not later than, the following working day.
8.5.3 Change in Notification Date.
A. If a NESHAP size asbestos project, except for a planned asbestos project, will commence on a date other than the date submitted in the original written notification, notify the appropriate agency of the new starting date according to the following schedule:
(1) If the new starting date is later than the original starting date, provide notice by telephone as soon as possible before the original starting date and submit a revised notice in accordance with Section R307-1-8.5.1.B as soon as possible before, but no later than, the original starting date.
(2) If the new starting date is earlier than the original starting date,submit a written notice in accordance with Subsection R307-1-8.5.1.B at least ten working days before the NESHAP size asbestos project commences.
C. In no event shall an asbestos project covered by this subsection commence on a date other than the new starting date submitted in the revised written notice.
8.6.1 NESHAP Size Asbestos Projects.After September 1, 1987 each asbestos project operator conducting a NESHAP size asbestos project shall comply with the following work practice requirements:
A. General (including removal, demolition, renovation, encapsulation and enclosure)
(1) Remove friable asbestos-containing materials before commencing any activity which would break up the materials or prevent access to them for subsequent removal.
(2) Ensure that a site supervisor trained in accordance with Subsection R307-1-8.4 is responsible for the construction of the containment, supervision, and inspection of each asbestos project conducted by an asbestos project operator.
(3) Maintain a sufficient inventory of equipment and supplies at the project work site to ensure ability to continuously comply with Section R307-1-8.
(4) Provide barriers to isolate contaminated areas from uncontaminated areas. Barriers shall be constructed of polyethylene sheeting, or equivalent, attached securely in place, and sealed with waterproof tape or equivalent.
(a) Provide a worker decontamination system. Enter and leave asbestos contaminated work areas only through the worker decontamination system.
(b) Repair tears in the isolation barriers immediately.
(a) Remove protective outerwear and leave in a contaminated part of the work area, such as the equipment room, before leaving the contaminated area.
(b) Place nondisposable protective outerwear in a labeled, sealed impermeable plastic bag, or equivalent container, before removing it from the work area.
(c) Treat disposable protective outerwear as asbestos waste.
(7) Display caution signs in accordance with OSHA 29 CFR 1926.1101 at all approaches to any location where airborne asbestos fiber levels can be expected to exceed background levels.
(8) Adequately wet all asbestos waste before sealing into containers for disposal.
(9) Place asbestos waste in sealed, leak-tight impermeable containers for disposal, using one of the following containment methods:
(a) If asbestos waste contains sharp edged components, use metal or fiber drums with locking-ring tops.
(b) Double polyethylene bags, each of at least 6-mil thickness and which can be securely sealed, may be used for asbestos waste, provided it does not contain sharp edged components.
(c) Large components or structural members covered or coated with friable asbestos-containing materials may be removed intact and wrapped in two layers of 6-mil polyethylene sheeting secured with tape for disposal.
(d) Alternative containment methods may be used if written approval is obtained in advance from the executive secretary.
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD.
(a) The warning labels as specified above shall be printed in letters of sufficient size and contrast so as to be readily visible and legible; and
(b) for asbestos waste transported off the structure site, label all drums, bags, and wrapped components with the name of the waste generator and the location where the waste was generated.
(12) Attach permanent asbestos hazard warning labels to salvaged structural components or members which are covered or coated with friable asbestos-containing materials.
(13) Filter all asbestos containing waste water to five micrometers prior to discharging to a sewer system.
(14) Apply a coating of encapsulating agent to friable asbestos-containing materials exposed but not removed during renovation, and to porous surfaces that have been stripped of asbestos-containing materials.
(15) Following asbestos abatement and before dismantling isolation barriers, drop cloths and/or at least one layer of floor and wall sheeting, perform cleanup procedures using HEPA vacuuming and wet cleaning techniques. Perform wet cleaning, using an amended water solution, followed by HEPA vacuuming after the surfaces have been allowed to dry. Repeat the sequence of wet cleaning and HEPA vacuuming until no visible asbestos residue is observed in the work area.
(1) Adequately wet all friable asbestos-containing material prior to removal.
(2) Whenever practicable, remove structural components which are coated or covered with friable asbestos-containing material intact or in large sections and carefully lower them to the floor or ground.
(3) Remove asbestos-containing material in small sections and containerize while wet. Do not allow asbestos-containing material to accumulate and become dry before containerizing.
(4) Wet structural components thoroughly with amended water prior to wrapping in polyethylene sheeting for disposal in accordance with Subsection R307-1-8.6.1.A(9)(c).
(5) Do not drop or throw asbestos-containing materials to the floor or ground level. Asbestos-containing material may be dropped to a raised scaffold or containerized at elevated levels for disposal. Drop asbestos materials removed at greater than 15 feet above the floor onto inclined chutes or scaffolding or containerize at elevated levels for eventual disposal. If friable asbestos-containing materials are removed or stripped more than 50 feet above floor or ground level, transport to the floor or ground level via dust-tight chutes or containers.
(1) Remove all movable objects from the work area. Perform cleaning of items and surfaces contaminated with asbestos. Cover all nonmovable objects in the work area with 4-mil polyethylene sheeting secured into place. Seal all openings between the work area and uncontaminated areas, as required in Subsection R307-1-8.6.1.A(4).
(2) Shut down and lock out all HVAC equipment servicing the work area. Seal all intake and exhaust openings and any seams in system components with 6-mil polyethylene sheeting or equivalent, and/or tape. Replace all system filters at the completion of the asbestos project and dispose of old filters as asbestos waste. Clean asbestos-contaminated ventilation system ductwork interiors.
(3) Cover floors with at least 2 layers of 6-mil polyethylene sheeting or equivalent, securely attached with waterproof duct tape or equivalent. Floor sheeting shall extend up walls at least 12 inches and be sized to minimize seams. No seams shall be located at wall/floor joints.
(4) Cover walls and other surfaces with at least 2 layers of 4-mil polyethylene sheeting or equivalent, securely attached and sealed with waterproof duct tape or equivalent. Wall sheeting shall be installed to minimize joints and shall overlap the floor sheeting at least 12 inches. No seams shall be located at wall/wall joints.
(5) Operate negative pressure ventilation units with HEPA filtration in sufficient numbers to provide one workplace air change every 15 minutes continuously from the time barrier construction is completed through the time final cleanup is completed in accordance with Subsection R307-1-8.6.1.A(15) and the barriers can be dismantled. These units shall exhaust filtered air to the outside of the building wherever practicable. Procedures for operation as detailed in EPA document No. EPA 560/5-85-024 "Guidance for Controlling Asbestos-Containing Materials in Buildings" (the purple book) Appendix J, shall be utilized.
(1) Prior to application of an encapsulating agent, remove loose and hanging friable asbestos-containing material in accordance with Subsection R307-1-8.6.1.B.
(2) Filler material applied to gaps in existing material shall contain no asbestos, adhere well to the substrate, and provide an adequate base for the encapsulating agent.
(3) Apply sprayed-on encapsulating agents using airless spray equipment with nozzle pressure adjusted to minimize disturbance of friable asbestos-containing materials.
(4) After encapsulation, use signs, labels, color coding, or some other mechanism to indicate the presence of encapsulated friable asbestos-containing materials.
(5) Encapsulating agents shall not be applied to friable asbestos-containing materials which are water damaged or structurally deteriorating, show poor adhesion to the surface to which they are applied, or which are in locations subject to frequent physical damage.
(1) Remove all friable asbestos-containing materials according to the requirements of Subsections R307-1-8.6.1.A (General) and R307-1-8.6.1.B (Removal) before demolition of any structure or portion of a structure which contains structural members or components composed of or covered by friable asbestos-containing material. Friable asbestos-containing materials must be removed before commencing any activity which would break up the materials or preclude access for subsequent removal.
(2) Before beginning asbestos removal seal off all doors, windows, floor drains, vents, and other openings to the outside of the building, and to areas within the building that do not contain asbestos materials, with 6-mil polyethylene sheeting and waterproof tape or equivalent that is acceptable to the executive secretary.
(3) If a structure is to be partially demolished, HVAC equipment in the demolition area or passing through it but servicing areas of the building which will remain, shall be shut down and locked out and thoroughly sealed with 6-mil polyethylene sheeting and waterproof tape.
(4) Use a disposable drop cloth to catch asbestos waste if the physical condition of the ground or other collection surface is such that it cannot be cleaned of visible asbestos residue. Dispose of the drop cloth as asbestos waste.
(5) Removal of friable asbestos-containing material prior to demolition is not required if:
(a) The asbestos is encased in concrete or similar material, or
(b) A structure is being demolished under an order of a state or local governmental agency issued because the structure is unsound and in danger of imminent collapse.
(1) The provisions of Subsections R307-1-8.6.1.A and R307-1-8.6.1.B apply to asbestos projects conducted outdoors, with the following exceptions:
(a) Construction of barriers to isolate asbestos projects performed outdoors is not required if friable asbestos-containing materials are adequately wetted during removal, handling, and disposal.
(b) In lieu of constructing a worker decontamination system, workers' outerwear may be removed, wet cleaned or HEPA vacuumed before the workers leave the work area. Outerwear removed for cleaning or disposal shall be transported from the work area in a sealed, impermeable plastic bag or equivalent container labeled in accordance with Subparagraph 8.6.1.A(10).
(3) A disposable drop cloth shall be used to catch asbestos waste if the physical condition of the ground or other collection surface is such that it cannot be cleaned of visible asbestos residue. Dispose of the drop cloth as asbestos waste.
(1) Transport and dispose of asbestos waste in a manner that will not permit the release of asbestos fibers into the air.
(2) Dispose of asbestos waste at a location approved for handling asbestos waste by the appropriate authority having jurisdiction over the chosen landfill.
(3) Ensure that friable asbestos waste not containerized in accordance with Subsection R307-1-8.6.1.A(9) is buried immediately upon deposit at the disposal site.
(4) If asbestos waste is transported by vehicle to a disposal site, mark the transport vehicle with clearly visible signs during the loading and unloading of the asbestos waste. The signs shall be securely attached and displayed in such a manner and location that a person can easily read the legend. The signs shall conform to the requirements specified in 29 CFR 1910.145(d)(4).
(5) For off structure site disposal, provide a copy of the waste shipment record as specified under Subsection R307-1-8.7.1.A(5), to the disposal site owner or operator at the same time as the asbestos waste is delivered to the disposal site.
I. Planned Asbestos Projects: Planned asbestos projects for which a NESHAP notification is required, but which consist of individual, nonscheduled abatements each of which is smaller than a NESHAP sized asbestos project, occurring during an extended period of time, may be conducted according to the provisions of Subsection R307-1-8.6.2 below if approved by the executive secretary.
8.6.2 Work Practices for Other Asbestos Projects.After September 1, 1987 each asbestos project operator shall comply with the following work practices:
A. Any asbestos project operator conducting a less than NESHAP size asbestos project shall take precautions to prevent the release of asbestos fibers to the environment. Precautions shall include but not be limited to the following measures:
(1) Construct barriers to contain asbestos fibers released within the work area.
(2) Adequately wet friable asbestos-containing materials with amended water prior to and during removal. Keep the asbestos-containing materials adequately wet until containerized.
(3) Use a disposable drop cloth to collect asbestos waste if the physical condition of the floor or collection surface is such that the work area cannot be cleaned of visible asbestos residue. Dispose of the drop cloth as asbestos waste.
(4) Glove bags may be used instead of the barriers and drop cloths specified in Subsections R307-1-8.6.2.A(1) and R307-1-8.6.2.A(3).
(5) Use HEPA vacuum equipment and wet cleaning techniques to clean up the work area until no visible asbestos residue remains. Perform cleanup before dismantling asbestos fiber containment barriers.
(6) Promptly place asbestos waste in appropriately labeled sealed impermeable containers (polyethylene sheeting, bags and/or fiber or metal drums).
(7) Clean visible asbestos residue from the outside of containers before removing them from the work area. Clean asbestos off other objects to be removed from the work area, or contain them to prevent release of asbestos fibers when removed from the area.
(8) Prevent the discharge of visible amounts of asbestos to any sewer.
(9) Apply an encapsulating agent to friable asbestos-containing materials exposed but not removed during renovation, and to porous surfaces from which friable asbestos-containing materials have been stripped.
(10) Remove, wet clean, or HEPA vacuum workers' outerwear before workers leave the work area. Seal outerwear removed in the work area into impermeable plastic bags, labeled in accordance with Subsection R307-1-8.6.1.A(10), before taking away from the work area. Treat disposable outerwear as asbestos waste.
(11) Transport and dispose of asbestos waste as specified under Subsection R307-1-8.6.1(H).
(12) If removal of friable asbestos-containing materials is not practicable before demolition, adequately wet the asbestos materials or the structure containing the asbestos materials before demolition and keep it adequately wet during subsequent handling and disposal.
(13) Permanently attach asbestos hazard warning labels to salvaged structural components which are covered or coated with friable asbestos-containing materials.
C. Asbestos Inspection.
Persons taking samples for the purpose of identification of asbestos-containing materials shall comply with the following requirements:
(1) Minimize contamination of the surrounding area by use of a sampling method which will minimize disturbance of friable materials, such as sampling at places where the material is exposed or damaged, wetting the material to be sampled, or using a drop cloth or other provision for catching gross contamination.
(2) Promptly clean the sampling area using wet methods or HEPA vacuuming so that no visible friable materials remain.
(3) Apply an encapsulating agent or otherwise seal friable materials exposed during sampling.
(4) Place samples in containers and tightly seal them. Wet wipe the exterior surfaces of the containers. Place sample containers in plastic bags.
(5) After sample collection, place protective clothing, wet wipes, rags, cartridge filters, drop cloths, and other disposable equipment in a 6-mil polyethylene bag that is labeled as specified under Subsection R307-1-8.6.1.A(10).
(6) If laboratory analysis reports one or more samples as asbestos containing material, dispose of all material described in Subsection R307-18.6.2.C(5) as asbestos waste at a state approved landfill.
(7) Ensure that samples are analyzed by a method approved by the executive secretary.
(8) Any person required to be certified as an inspector in training under Subsection R307-1-8.3 shall work under the direct supervision of an inspector certified in accordance with Subsection R307-1-8.3.5.A.
8.6.3 Asbestos Projects Performed in a Single Family Residential Dwelling:Persons who perform an asbestos project in a single family residential dwelling which is his primary residence, shall comply with Subsections R307-1-8.6.1.A(9), R307-1-8.6.1.A(10), R307-1-8.6.1.H(1), and R307-1-8.6.1.H(2).
8.6.4 Alternative Procedures.The executive secretary may approve in writing an alternative procedure for control of emissions from an asbestos project provided that:
A. the asbestos project operator submits the alternative procedure to the executive secretary in writing;
B. the operator demonstrates to the satisfaction of the executive secretary that compliance with the prescribed procedures is not practical or not feasible or that the proposed alternative procedures provide equivalent control of asbestos; and
C. the executive secretary determines that the procedure will minimize the emission of asbestos fibers.
8.6.5 Asbestos Projects Subject to TSCA Title II.Asbestos project operators or other persons who perform an asbestos project subject to TSCA Title II must ensure that at least one certified site supervisor is present at the work site at all times while the asbestos project is in progress. Asbestos workers must have access to certified supervisors throughout the duration of the asbestos project.
8.6.6 Activities Subject to Certification Requirements.A. Each person required under Subsection R307-1-8.3 to have TSCA accreditation and to obtain certification shall be in physical possession of their certification card whenever performing work for which the certification is required.
B. Any person who does not have current, unexpired certification shall not perform work for which TSCA accreditation and certification under Subsection R307-1-8.3 is required.
8.7.1 Records Required.
A. Certified asbestos project contractors shall maintain records of all asbestos projects that he performs and shall make these records available to the executive secretary upon request. The records shall be retained for at least two years. Information recorded shall include the following:
(1) names and social security numbers of the asbestos workers and supervisors who performed the project;
(2) location and description of the project and amount of friable asbestos-containing material removed or area encapsulated or enclosed;
(3) starting and completion dates of the asbestos project;
(4) summary of the procedures used to comply with applicable requirements including copies of all notifications; and
(5) waste shipment records maintained in accordance with 40 CFR Part 61, Subpart M, NESHAP.
(1) training course materials: copies of all course materials;
(2) instructor qualifications: instructor resumes, documents from the executive secretary approving each instructor, and the instructors who taught each particular course and the dates the instructor taught;
(3) examinations: document that each person who receives initial accreditation has achieved a passing score on the examination, the date of the examination, the training course and discipline for which the examination was given, the name of the person who proctored the exam, a copy of the exam, and the name and test score of each person taking the exam;
(4) accreditation certificates: document all persons who have been awarded certificates, their certificate numbers, their accredited disciplines, training and expiration dates, and the training location. The records must be maintained in a manner that allows verification by telephone.
(5) records access: records required in Subsection R307-1-8.7.1 shall be made available to the executive secretary upon request. The records shall be retained for at least three years. If a course provider ceases to provide training, the course provider shall contact the executive secretary and give the executive secretary the opportunity to take possession of all asbestos training records.
8.8.1 Adoption of TSCA Title II.
A. The provisions of TSCA Title II are adopted and incorporated herewith by reference. The accreditation provisions of the Model Accreditation Plan are also adopted and incorporated herewith by reference as mandatory requirements.
B. Implementation of the provisions 40 CFR Part 763, Subpart E, except for the Model Accreditation Plan, shall be limited to those provisions for which the EPA has waived its requirements in accordance with 40 CFR Subpart 763.98, Waiver; delegation to State, as published at 52 FR 41826, (October 30, 1987).
8.8.2 Review and Disapproval of Management Plans.
A. Unless a deferral request under Subsection R307-1-8.8.2.B has been approved by the executive secretary, each LEA shall submit the asbestos management plans required by AHERA to the executive secretary on or before October 12, 1988. A "Required Elements for LEA Asbestos Management Plan" shall be completely filled out and submitted by the LEA with each management plan.
B. The executive secretary may approve a request by an LEA for deferral of submittal of a management plan until May 9, 1989 if the LEA submits a complete request for deferral as required by AHERA. The executive secretary shall approve or disapprove a deferral request, and explain why any request was disapproved, within 30 days of receipt of a deferral request.
C. The executive secretary shall review each management plan and return comments to the LEA within 90 days of receipt of the plan. The executive secretary may disapprove a management plan if the plan does not meet the requirements of AHERA or if the "Required Elements for LEA Asbestos Management Plans" form is not completely filled out and submitted with the plan.
D. The LEA shall revise any management plan disapproved by the executive secretary and resubmit the plan within 30 days after receipt of a notice of disapproval. The LEA may request that the Executive Secretary extend the 30-day plan revision period to 90 days, provided the plan is revised and submitted before July 9, 1989.
KEY: air pollution, motor vehicles, fireplaces*, woodstoves*