Revised MassDEP Asbestos Regulation

Welcome to the outreach production on therevised MassDEP asbestos regulation that took effect in June 2014. Im Mike Elliott, the Asbestos Program Coordinatorfor the Bureau of Air& Waste at the Massachusetts Department of Environmental Protection( alsoknown as MassDEP ). In the following give, I will guideyou through a high level overview of the regulatory changes that offers some revelation about howthese revises alter the regulated community such as property owners, contractors, andthe construction trades.Ultimately, I hope this information will helpeveryone to understand the requirements whenever they conduct renovation and defeat activitiesthat require the disorder or removal of fabric that are in asbestos. If after listening to this presentation, youhave further issue; my contact information is listed on the last slide. I welcome your the remarks and questions. After more than 10 years in the making, theMassDEP asbestos regulation has been revised. This represents the first major re-write in3 0 years or so. The basic Legal Structure hasnt converted; there are two regulatory agencies in Massachusetts the MassDEP and the Department of LaborStandards( or DLS ), which together ensure the proper management of materials that containasbestos: MassDEP implements the regime and federal CleanAir Act statutes to prevent liberations of asbestos into the air, as well as to protect publichealth, safety and the environment, and DLS enforces state ordinances with respect to: the licences of contractors qualified to work with asbestos, proving safe work practicesand worker qualification requirements, and certifying competent laboratories that conductanalytical methods for asbestos.The overarching goals of the MassDEP AsbestosRegulation changes promulgated in june 2014 were to clarify explanations and regulatoryrequirements; incorporate policies that were previously outside the regulation; and betteralign the commonwealth program with the EPA Asbestos National Emissions Standards for HazardousAir Pollutants( or NESHAPs ). It is also worth noting that the overlap withthe State Sanitary code opens an opportunity for inter-agency cooperation with regional Boardsof Health. State Sanitary Code expects proprietors of residentialbuildings to repair or remove damaged asbestos containing substances in accordance with MassDEPand DLS regulations. The MassDEP asbestos regulation focuses onrenovation and defeat work involving information that contain asbestos. The regulations two fundamental performancestandards for these activities have not changed. Whenever you need to disturb asbestos-containingmaterial, you will still need to: Prevent handouts of asbestos fibers to theair( the so-called visible release standard ); andProtect public health, safety and the environment. The essential elements of the program remainunchanged. These parts manifest the typical life-cycleof an asbestos abatement programme. Notify MassDEP and DLS before starting work. Notifications filed with MassDEP are sharedwith DLS so you only need to notify formerly Follow specified work practices when conductingthe abatement tasks Manage asbestos containing waste materialproperly Please note: DLSs regulations have notchanged.In the next two slides, I will highlight afew of the new elements of the revised regulation. Pre-Reno/ Demo Survey: While the requirement to conduct a pre-reno/ demo investigation is new to the MassDEP regulation, itis not new to this type of work. Since 1990, EPAs Asbestos NESHAP regulationhas required a thorough inspection before starting any demolition or renovation activities. Such inspections is to determine all asbestos-containingmaterial in the area that will be disturbed by the meant employ. MassDEPs regulation describes who can conductthe pre-reno/ demo surveys and what needs to be documented in a written examination report.Notification Exemption for Small Jobs: The revised rules of procedure specifies notification exceptions for a limited universe of smalljobs involving sure-fire materials. Specifically, the following points threshold quantitiesapply:< 100 sf of asbestos-cement shingles, surfacing, boards< 100 sf of asbestos flooring tile and relatedmastics, or< 32 sf of gypsum wallboard and related jointcompound In add-on, particular work on asbestos-containingmaterial at an owner-occupied single category residence does not have to be reported toMassDEP. This exception only applies if the owner isworking exclusively on non-friable asbestos-containing material, does not cause it to become friable, and does the study himself/ herself( does not engage a contractor ). By non-friable, we want material thatwhen bake, cannot be deteriorated, shattered, pulverized or reduced to powder by hand-pressure.Aside from these limited notification exemptions, the notification requirements continue implementing as they ever have in the past thatis - any activity that shakes or removes any part of asbestos-containing materialrequires notification 10 -working days prior to starting the job. Regardless of whether a place qualifies forone of the brand-new notification exceptions, all asbestos abatement pleasures must be performedin a manner that is consistent with the applicable work practices specified in the regulation.Generally speaking, applicable work practicesfor the materials that are now exempt from notification include the following: Wetting work skin-deeps with amended water( which conveys ocean with soap/ surfactant included) toprevent generation of noticeable dust Carefully lowering roofing and placing shinglesto the ground Spreading tarp or plastic sheeting where debrismay transgression and cleaning up at tip of each shift Properly packaging waste material in leak-tight, sealed and labeled litter containers Dumping of waste material at a solid wastefacility that has a Special Waste permit to accept asbestos garbage. Substance Specific Work Practices: As I mentioned at the outset, one of the goals of the revised regulation was to provide greaterregulatory certainty by codifying launched information specific work practices that werepreviously seen either in programme or advice. Regarding this matter, brand-new divisions were added tothe regulation to address the following material-specific work practices: Asphaltic roofing and surfacing substances Window glazing and/ or caulking compoundsCement shingles, siding and bodies Floor tileGypsum wall-board and joint compound Non-Traditional Asbestos Abatement Work Practices: Non-Traditional Asbestos Abatement Work Practice were historically called Alternative WorkPractices This now requires a formal license work( Application for Non-Traditional Asbestos Abatement Work Practice Approval BWP AQ-3 6) and fee of a $600 reward, if applicable. Post-Abatement Visual InspectionThe post-abatement visual inspection is a new requirement for all jobs that comes atthe end of the asbestos abatement acts. It ensures that no observable asbestos-containingdebris remains on any of the job faces. Waste Shipment Record FormsThe Waste Shipment Record is another example where the revised regulation incorporatedan existing EPA NESHAP requirement. All shipments of Asbestos Containing WasteMaterial( or ACWM) must now be accompanied by a Waste Shipment Record that conforms toa template posted on the MassDEP Asbestos website. Record-keeping requirementsThe revised regulation will be required the owner/ motorist continue copies of the pre-reno/ demo examination reportand Waste shipment record for at least 2 years. If MassDEP does a compliance inspection, theinspector is likely to ask to see these documents and will are dependent upon them, in part, to determinethat the asbestos-containing textiles were properly managed. I will now supply a few more details abouteach of these brand-new regulatory requirements in the following slips. The requirement for a pre-reno/ demo surveyapplies to ANY assignment with the potential to disrupt suspect asbestos-containing material.Before disturbing the material, a DLS-certifiedasbestos inspector must conduct a thorough inspection that is, to identify thepresence, locating and capacity of any ACM or Suspect ACM that contains asbestos in anyamount. What guides as a thorough inspectioncould be one thing for a produced fabric where make content is fairly consistent( for example VAT tile, asphalt roofing material, cement shingles/ siding, etc .); but, it couldbe different for training materials with inconsistent levels of asbestos content is generated by contaminationwith naturally occurring asbestos minerals( such as vermiculite insulation) or hand-mixedcompounds( like plaster ). In the former dispute: a limited number of randomsamples may suffice, But in the latter action: many more samplesmay be needed, particularly to target areas where asbestos is likely to have accumulated. Once enough samples have been mustered, theywill need to be analyzed by a qualified laboratory that follows an approved analytical method, to find out definitively whether the material contains asbestos or not.The only analytical method recognized by MassDEPis the EPA Method for the Determination of Asbestos in Bulk Building Information whichgoes by the report number EPA/ 600/ R-9 3/116. Any Suspect ACM that is not sampled and analyzedMUST be presumed to be ACM, identified under the written inspection report as ACM, and managedas ACM( i.e. it must be abated prior to demolition/ renovation ). The pre-demo/ reno inspect is the lynchpin ofcompliance for both the MassDEP and EPA regulations.The survey offer valuable intelligence :: It will determine whether notification toMassDEP is required; It will determine whether you will need tofollow the applicable work practices to remove asbestos-containing material safely ;; It will determine whether you will need to engage a licensed contractorIt will help with sequencing project tasks( by identifying which information contain asbestosand need to be removed before your defeat or renovation can start ); It provides a basisfor developing a waste management plan that can help you minimize volume and cost of materialthat needs to be disposed of as ACWM; and, It provides the information you will needto comply with waste packaging, transportation and disposal requirements. To know whether you need to have a pre-reno/ demosurvey done, you will need to know what substances are suspect ACM.Asbestos-containing cloths are found inmost constructs, even those improved after 1980 After successfully reenacting bans on the use of asbestosin several individual products in the 1980 s, the U.S. EPA endorse a regulation banningall asbestos-containing information from use in commerce in 1989. However, this rule was struck down in 1991. While asbestos ores "re no longer" quarried orprocessed in the United Nation, thousands of commodities containing asbestos continue tobe produced, imported, legally sold, and, commonly used in building construction and industrialapplications. All this is to say that there remain countless, perhaps thousands, of doubt materials on the market today.So contractors and homeowners doing renovationor defeat acts need to be attentive to the likelihood of coming across suspectasbestos-containing textiles , no matter the age of the structure. Broadly speaking, the definition of suspectasbestos-containing material includes any product reasonably likely to contain asbestosbased on its appearance, form and use. This slip rosters a few cases of the common typesof accused ACM that can be found in houses. Work on asbestos-containing asphalt roofingor siding requires notification to the MassDEP 10 -working days before starting work. While roofing and backing works need to betrained in accordance with OSHA requirements, there are no DLS asbestos license or certificationrequirements for the workers performing this work, as long as the material remains non-friable. The regulation specifies work practices formanaging asphalt roofing and siding that contain asbestos, to ensure that the asbestos isntreleased into the air. These work practices include: Isolating HVAC ventilation intakes Removing roofing material intact as much aspossible Note that roofers CAN cut roofs into slice, but where trimming machines are employed: The machines must be equipped with HEP-Avacattachments the trimming surface must be kept adequatelywet at all times and the piece fragments of roofing information mustbe carefully lowered to ground If ALL the specified work practices are strictlyfollowed, then: Waste roofing material can be bulk-loadedfor transport to the disposal facility without an N-T Work Practice Approval.Waste can be disposed at any landfill permittedto accept solid litter If, on the other hand, the project causes thematerial to become friable, or causes the release of asbestos dust, then the slog becomesregulated by DLS, necessitating the purpose of applying licensed contractors, workers taught and certifiedas asbestos administrators and workers, adherence to the full suite of asbestos work practicesspecified in the regulation, and parcel, transport and disposal of the waste roofingmaterial as an ACWM Special Waste. Either way, asbestos-containing asphalt roofingmaterial must never be given to a C& D Processor for recycling, because these facilities grindmaterial they receive and the grind running will almost surely release asbestos fibersinto the air. Non-traditional work practices are requiredwhen it is unsafe to follow prescribed work practices( for example it may be unsafe tobuild plastic containment near a shell hazard, or to keep facility ingredients around liveelectrical material moisture ). This approval is referred to as an NTapproval.The NT Approval now involves a formal permitapplication process( use the BWP AQ-3 6 form on MassDEPs web site) and a $600 reward( whereapplicable ). The work must be accompanied by a proposaldeveloped by a DLS-certified asbestos activity decorator. NT permits are available only for six particularcircumstances: 1. For defeat of a facility under say ofa position or local government agency because the facility is structurally unsound; 2. Where ACM or ACWM was discovered after demolitionbegan and , now cannot be safely removed with standard work practices; 3. For certain emergency restoration activities; 4. For clean up and decontamination as a resultof work that was not done properly or when there is a safety or public health hazard: 5. Where wetting would damage equipment or presenta safety hazard; or 6. When it is necessary to bulk load ACMand/ or ACWM The post-abatement visual inspection is requiredfor ALL asbestos abatement acts. The one exception is for the owner of anowner-occupied single house palace "whos working" alone on non-friable asbestos-containingmaterial, does not cause the material to become friable, and does the wreak himself/ herself( In other names the homeowner does not engage a contractor) The purpose of this requirement is to ensure the job has been thoroughly accomplished andthere is no perceptible debris left behind on any of the direct surfaces.The revised regulation pointed out that thefinal visual inspection must be performed by a DLS-certified asbestos programme check. Additionally, it must be performed beforeremoving any exertion expanse railings and ventilation systems( if they were used ). Keeping the barriers and ventilation systemsin place ensures that if any further cleaning is required, it can be done safely. The requirement to use a Waste Shipment Recordform is another example where MassDEP regulations have been modified to better align with EPAsNESHAP requirements. The help of a WSR form that solely complieswith the template became effective January 1, 2015. A template for the WSR form can be found onthe MassDEP website at the URL link shown on the slide. MassDEP will not provide forms. Haulers and transportation companies can usethe online template or they can create their own form, but, at a minimum, it must containall the information found on the template.The purpose of the WSR is to ensure that owners/ operatorstrack the transportation and disposal of ACWM generated at their jobsites. If a accomplished WSR confirming proper disposalof ACWM is not received within 35 daylights, the owner/ hustler must track down the shipmentand notify MassDEP within 45 days if there are any incompatibilities. Fee increases for both the BWP AQ-0 4 AsbestosNotification form( ANF-0 01) and the BWP AQ-0 6 Notification Prior to Construction/ Demolitionthat croaked from $85 to $100 became effective in August 2013. In July 2014, three brand-new costs were added: A $35 cost for revising the initial ANF-0 01 or the AQ-0 6 ways( e.g. modifying the projectstart or boundary time) A $200 reward for the BWP AQ-0 5 Blanket NotificationApproval request, And a $600 fee for the NTWP Approval request. Asbestos abatement places at owneds owned by certain types of entities are exempt fromMassDEP fees. These include: boroughs,( and municipalhousing authorities ), counties, neighborhoods of the Commonwealth, Federally recognizedIndian tribe building dominions, the MBTA, and owner-occupied residential property with4 forces or less. Please note that 501( c) 3 non-profit organizations, and private education and health institutions are NOT exempt from MassDEP costs. Beginning in March 2015, MassDEP started toaudit notifications to ensure that all relevant rewards are paid.Anyone who claims fee-exempt status that doesnot appear to be eligible will be asked to provide supporting documentation or re-filewith proper payment. The Asbestos Project Look-Up tool is a usefulweb resource that anyone can use to see whether a notification has been entered for an abatementproject at any given address. Notifications registered through eDEP are addedto the look-up tool automatically.Notifications entered on paper organizes are addedto the database within a day or two of their acknowledgment by MassDEP. The look-up tool can be accessed from theMassDEP website at the links listed on the move. In Massachusetts, substance that contains anyamount of asbestos( even< 1 %) is regulated. All materials that contain any sum of asbestosshould have been identified during the pre-reno/ demo sketch. ACM identified by the survey needs to be abatedbefore it is disturbed.Material containing less than 1% asbestosdoesnt need to be abated in accordance with work practices( and you dont needto notify MassDEP before the abatement starts ), but you will need to manage the waste materialcontaining less than 1% asbestos as ACWM. If you remove it carefully and keep it separatedfrom your other non-asbestos construction or defeat litter, you are eligible to shunned contaminatingyour solid debris with asbestos, and can understate the amount of material that has to be disposedof as ACWM. One of the main objectives of proper asbestosmanagement during a reno/ demo job is to prevent contamination of C& D debris by materialsthat contain any extent of asbestos. This is because a C& D processing facilityusually grinds some of the information that is it receives, and can release asbestos fibers into the surroundingair and pose a health threat to equipment workers and perhaps to the general public as well. It is important to recognize that C& D processors haveconditions in their operating lets that proscribe them from professing ACM orsuspect ACM.If ACM or Suspect ACM shows up in a quantity, the cost of managing the load as ACWM will be passed on to the original generator, andthe MassDEP will be notified of the permit violation for further investigation. The MassDEP asbestos regulation requires thatALL ACWM is managed in accordance with the specified packaging, transportation, storageand disposal funds. In simplest calls, textile that containsasbestos in any sum( even< 1 %): Has to be segregated and properly managedduring reno/ demo job It has to be packaged and labeled as ACWMAnd, it has to be disposed as Special Waste at a permitted solid waste management facility.If you desire further detailed information, this slither provisions links to relevant regulation and guidance documents. Or, you can always call one of us on the MassDEPprogram staff with specific questions by phone or email at the contact information listedon the slither; For information or help with filing asbestosforms, eDEP or the asbestos database, you can submit you question by email to the Bureauof Air& Waste eDEP mailbox, or you can call the Asbestos hotline. For questions about tolerates or complianceat a specific jobsite, feel free to contact one of the regional staff in the appropriateMassDEP region for the town in which the project is located. If youre not sure which neighborhood of MassDEPyour town is located in, you can click on the Find Your Region link. Thank you for your attention during this overviewof the revised asbestos regulation.We hope this slide give was helpful, and we welcome your feedback ..

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