[Title 40 CFR 61.145]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 61 - NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS]
[Subpart M - National Emission Standard for Asbestos]
[Sec. 61.145 - Standard for demolition and renovation.]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT82002-07-012002-07-01falseStandard for demolition and renovation.61.145Sec. 61.145PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCYAIR PROGRAMS (CONTINUED)NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTSNational Emission Standard for Asbestos
Sec. 61.145 Standard for demolition and renovation.
(a) Applicability. To determine which requirements of paragraphs
(a), (b), and (c) of this section apply to the owner or operator of a
demolition or renovation activity and prior to the commencement of the
demolition or renovation, thoroughly inspect the affected facility or
part of the facility where the demolition or renovation operation will
occur for the presence of asbestos, including Category I and Category II
nonfriable ACM. The requirements of paragraphs (b) and (c) of this
section apply to each owner or operator of a demolition or renovation
activity, including the removal of RACM as follows:
(1) In a facility being demolished, all the requirements of
paragraphs (b) and (c) of this section apply, except as provided in
paragraph (a)(3) of this section, if the combined amount of RACM is
(i) At least 80 linear meters (260 linear feet) on pipes or at least
15 square meters (160 square feet) on other facility components, or
(ii) At least 1 cubic meter (35 cubic feet) off facility components
where the length or area could not be measured previously.
(2) In a facility being demolished, only the notification
requirements of paragraphs (b)(1), (2), (3)(i) and (iv), and (4)(i)
through (vii) and (4)(ix) and (xvi) of this section apply, if the
combined amount of RACM is
(i) Less than 80 linear meters (260 linear feet) on pipes and less
than 15 square meters (160 square feet) on other facility components,
and
(ii) Less than one cubic meter (35 cubic feet) off facility
components where the length or area could not be measured previously or
there is no asbestos.
(3) If the facility is being demolished under an order of a State or
local government agency, issued because the facility is structurally
unsound and in danger of imminent collapse, only the requirements of
paragraphs (b)(1), (b)(2), (b)(3)(iii), (b)(4) (except (b)(4)(viii)),
(b)(5), and (c)(4) through (c)(9) of this section apply.
(4) In a facility being renovated, including any individual
nonscheduled renovation operation, all the requirements of paragraphs
(b) and (c) of this section apply if the combined amount of RACM to be
stripped, removed, dislodged, cut, drilled, or similarly disturbed is
(i) At least 80 linear meters (260 linear feet) on pipes or at least
15 square meters (160 square feet) on other facility components, or
(ii) At least 1 cubic meter (35 cubic feet) off facility components
where the length or area could not be measured previously.
(iii) To determine whether paragraph (a)(4) of this section applies
to planned renovation operations involving individual nonscheduled
operations, predict the combined additive amount of RACM to be removed
or stripped during a calendar year of January 1 through December 31.
(iv) To determine whether paragraph (a)(4) of this section applies
to emergency renovation operations, estimate the combined amount of RACM
to be removed or stripped as a result of the sudden, unexpected event
that necessitated the renovation.
(5) Owners or operators of demolition and renovation operations are
exempt from the requirements of Secs. 61.05(a), 61.07, and 61.09.
(b) Notification requirements. Each owner or operator of a
demolition or renovation activity to which this section applies shall:
(1) Provide the Administrator with written notice of intention to
demolish or renovate. Delivery of the notice by U.S. Postal Service,
commercial delivery service, or hand delivery is acceptable.
(2) Update notice, as necessary, including when the amount of
asbestos affected changes by at least 20 percent.
(3) Postmark or deliver the notice as follows:
(i) At least 10 working days before asbestos stripping or removal
work or any other activity begins (such as site
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preparation that would break up, dislodge or similarly disturb asbestos
material), if the operation is described in paragraphs (a) (1) and (4)
(except (a)(4)(iii) and (a)(4)(iv)) of this section. If the operation is
as described in paragraph (a)(2) of this section, notification is
required 10 working days before demolition begins.
(ii) At least 10 working days before the end of the calendar year
preceding the year for which notice is being given for renovations
described in paragraph (a)(4)(iii) of this section.
(iii) As early as possible before, but not later than, the following
working day if the operation is a demolition ordered according to
paragraph (a)(3) of this section or, if the operation is a renovation
described in paragraph (a)(4)(iv) of this section.
(iv) For asbestos stripping or removal work in a demolition or
renovation operation, described in paragraphs (a) (1) and (4) (except
(a)(4)(iii) and (a)(4)(iv)) of this section, and for a demolition
described in paragraph (a)(2) of this section, that will begin on a date
other than the one contained in the original notice, notice of the new
start date must be provided to the Administrator as follows:
(A) When the asbestos stripping or removal operation or demolition
operation covered by this paragraph will begin after the date contained
in the notice,
(1) Notify the Administrator of the new start date by telephone as
soon as possible before the original start date, and
(2) Provide the Administrator with a written notice of the new start
date as soon as possible before, and no later than, the original start
date. Delivery of the updated notice by the U.S. Postal Service,
commercial delivery service, or hand delivery is acceptable.
(B) When the asbestos stripping or removal operation or demolition
operation covered by this paragraph will begin on a date earlier than
the original start date,
(1) Provide the Administrator with a written notice of the new start
date at least 10 working days before asbestos stripping or removal work
begins.
(2) For demolitions covered by paragraph (a)(2) of this section,
provide the Administrator written notice of a new start date at least 10
working days before commencement of demolition. Delivery of updated
notice by U.S. Postal Service, commercial delivery service, or hand
delivery is acceptable.
(C) In no event shall an operation covered by this paragraph begin
on a date other than the date contained in the written notice of the new
start date.
(4) Include the following in the notice:
(i) An indication of whether the notice is the original or a revised
notification.
(ii) Name, address, and telephone number of both the facility owner
and operator and the asbestos removal contractor owner or operator.
(iii) Type of operation: demolition or renovation.
(iv) Description of the facility or affected part of the facility
including the size (square meters [square feet] and number of floors),
age, and present and prior use of the facility.
(v) Procedure, including analytical methods, employed to detect the
presence of RACM and Category I and Category II nonfriable ACM.
(vi) Estimate of the approximate amount of RACM to be removed from
the facility in terms of length of pipe in linear meters (linear feet),
surface area in square meters (square feet) on other facility
components, or volume in cubic meters (cubic feet) if off the facility
components. Also, estimate the approximate amount of Category I and
Category II nonfriable ACM in the affected part of the facility that
will not be removed before demolition.
(vii) Location and street address (including building number or name
and floor or room number, if appropriate), city, county, and state, of
the facility being demolished or renovated.
(viii) Scheduled starting and completion dates of asbestos removal
work (or any other activity, such as site preparation that would break
up, dislodge, or similarly disturb asbestos material) in a demolition or
renovation; planned renovation operations involving individual
nonscheduled operations shall only include the beginning and ending
dates of the report period as described in paragraph (a)(4)(iii) of this
section.
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(ix) Scheduled starting and completion dates of demolition or
renovation.
(x) Description of planned demolition or renovation work to be
performed and method(s) to be employed, including demolition or
renovation techniques to be used and description of affected facility
components.
(xi) Description of work practices and engineering controls to be
used to comply with the requirements of this subpart, including asbestos
removal and waste-handling emission control procedures.
(xii) Name and location of the waste disposal site where the
asbestos-containing waste material will be deposited.
(xiii) A certification that at least one person trained as required
by paragraph (c)(8) of this section will supervise the stripping and
removal described by this notification. This requirement shall become
effective 1 year after promulgation of this regulation.
(xiv) For facilities described in paragraph (a)(3) of this section,
the name, title, and authority of the State or local government
representative who has ordered the demolition, the date that the order
was issued, and the date on which the demolition was ordered to begin. A
copy of the order shall be attached to the notification.
(xv) For emergency renovations described in paragraph (a)(4)(iv) of
this section, the date and hour that the emergency occurred, a
description of the sudden, unexpected event, and an explanation of how
the event caused an unsafe condition, or would cause equipment damage or
an unreasonable financial burden.
(xvi) Description of procedures to be followed in the event that
unexpected RACM is found or Category II nonfriable ACM becomes crumbled,
pulverized, or reduced to powder.
(xvii) Name, address, and telephone number of the waste transporter.
(5) The information required in paragraph (b)(4) of this section
must be reported using a form similiar to that shown in Figure 3.
(c) Procedures for asbestos emission control. Each owner or operator
of a demolition or renovation activity to whom this paragraph applies,
according to paragraph (a) of this section, shall comply with the
following procedures:
(1) Remove all RACM from a facility being demolished or renovated
before any activity begins that would break up, dislodge, or similarly
disturb the material or preclude access to the material for subsequent
removal. RACM need not be removed before demolition if:
(i) It is Category I nonfriable ACM that is not in poor condition
and is not friable.
(ii) It is on a facility component that is encased in concrete or
other similarly hard material and is adequately wet whenever exposed
during demolition; or
(iii) It was not accessible for testing and was, therefore, not
discovered until after demolition began and, as a result of the
demolition, the material cannot be safely removed. If not removed for
safety reasons, the exposed RACM and any asbestos-contaminated debris
must be treated as asbestos-containing waste material and adequately wet
at all times until disposed of.
(iv) They are Category II nonfriable ACM and the probability is low
that the materials will become crumbled, pulverized, or reduced to
powder during demolition.
(2) When a facility component that contains, is covered with, or is
coated with RACM is being taken out of the facility as a unit or in
sections:
(i) Adequately wet all RACM exposed during cutting or disjoining
operations; and
(ii) Carefully lower each unit or section to the floor and to ground
level, not dropping, throwing, sliding, or otherwise damaging or
disturbing the RACM.
(3) When RACM is stripped from a facility component while it remains
in place in the facility, adequately wet the RACM during the stripping
operation.
(i) In renovation operations, wetting is not required if:
(A) The owner or operator has obtained prior written approval from
the Administrator based on a written application that wetting to comply
with
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this paragraph would unavoidably damage equipment or present a safety
hazard; and
(B) The owner or operator uses of the following emission control
methods:
(1) A local exhaust ventilation and collection system designed and
operated to capture the particulate asbestos material produced by the
stripping and removal of the asbestos materials. The system must exhibit
no visible emissions to the outside air or be designed and operated in
accordance with the requirements in Sec. 61.152.
(2) A glove-bag system designed and operated to contain the
particulate asbestos material produced by the stripping of the asbestos
materials.
(3) Leak-tight wrapping to contain all RACM prior to dismantlement.
(ii) In renovation operations where wetting would result in
equipment damage or a safety hazard, and the methods allowed in
paragraph (c)(3)(i) of this section cannot be used, another method may
be used after obtaining written approval from the Administrator based
upon a determination that it is equivalent to wetting in controlling
emissions or to the methods allowed in paragraph (c)(3)(i) of this
section.
(iii) A copy of the Administrator's written approval shall be kept
at the worksite and made available for inspection.
(4) After a facility component covered with, coated with, or
containing RACM has been taken out of the facility as a unit or in
sections pursuant to paragraph (c)(2) of this section, it shall be
stripped or contained in leak-tight wrapping, except as described in
paragraph (c)(5) of this section. If stripped, either:
(i) Adequately wet the RACM during stripping; or
(ii) Use a local exhaust ventilation and collection system designed
and operated to capture the particulate asbestos material produced by
the stripping. The system must exhibit no visible emissions to the
outside air or be designed and operated in accordance with the
requirements in Sec. 61.152.
(5) For large facility components such as reactor vessels, large
tanks, and steam generators, but not beams (which must be handled in
accordance with paragraphs (c)(2), (3), and (4) of this section), the
RACM is not required to be stripped if the following requirements are
met:
(i) The component is removed, transported, stored, disposed of, or
reused without disturbing or damaging the RACM.
(ii) The component is encased in a leak-tight wrapping.
(iii) The leak-tight wrapping is labeled according to
Sec. 61.149(d)(1)(i), (ii), and (iii) during all loading and unloading
operations and during storage.
(6) For all RACM, including material that has been removed or
stripped:
(i) Adequately wet the material and ensure that it remains wet until
collected and contained or treated in preparation for disposal in
accordance with Sec. 61.150; and
(ii) Carefully lower the material to the ground and floor, not
dropping, throwing, sliding, or otherwise damaging or disturbing the
material.
(iii) Transport the material to the ground via leak-tight chutes or
containers if it has been removed or stripped more than 50 feet above
ground level and was not removed as units or in sections.
(iv) RACM contained in leak-tight wrapping that has been removed in
accordance with paragraphs (c)(4) and (c)(3)(i)(B)(3) of this section
need not be wetted.
(7) When the temperature at the point of wetting is below 0 deg.C
(32 deg.F):
(i) The owner or operator need not comply with paragraph (c)(2)(i)
and the wetting provisions of paragraph (c)(3) of this section.
(ii) The owner or operator shall remove facility components
containing, coated with, or covered with RACM as units or in sections to
the maximum extent possible.
(iii) During periods when wetting operations are suspended due to
freezing temperatures, the owner or operator must record the temperature
in the area containing the facility components at the beginning, middle,
and end of each workday and keep daily temperature records available for
inspection by the Administrator during normal business hours at the
demolition
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or renovation site. The owner or operator shall retain the temperature
records for at least 2 years.
(8) Effective 1 year after promulgation of this regulation, no RACM
shall be stripped, removed, or otherwise handled or disturbed at a
facility regulated by this section unless at least one on-site
representative, such as a foreman or management-level person or other
authorized representative, trained in the provisions of this regulation
and the means of complying with them, is present. Every 2 years, the
trained on-site individual shall receive refresher training in the
provisions of this regulation. The required training shall include as a
minimum: applicability; notifications; material identification; control
procedures for removals including, at least, wetting, local exhaust
ventilation, negative pressure enclosures, glove-bag procedures, and
High Efficiency Particulate Air (HEPA) filters; waste disposal work
practices; reporting and recordkeeping; and asbestos hazards and worker
protection. Evidence that the required training has been completed shall
be posted and made available for inspection by the Administrator at the
demolition or renovation site.
(9) For facilities described in paragraph (a)(3) of this section,
adequately wet the portion of the facility that contains RACM during the
wrecking operation.
(10) If a facility is demolished by intentional burning, all RACM
including Category I and Category II nonfriable ACM must be removed in
accordance with the NESHAP before burning.
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[GRAPHIC] [TIFF OMITTED] TC01MY92.002
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[GRAPHIC] [TIFF OMITTED] TC01MY92.003
[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]