The Heavy The House That Dirt Built 2009 FLAC
Vennie Fireman
The Clean Air Act (CAA) requires the U.S. Environmental Protection Agency (EPA) to develop and enforce regulations to protect the general public from exposure to airborne contaminants known to be hazardous to human health. In accordance with Section 112 of the CAA, EPA established National Emissions Standards for Hazardous Air Pollutants (NESHAP) to protect the public. Asbestos was one of the first hazardous air pollutants regulated under Section 112. On March 31, 1971, EPA identified asbestos as a hazardous pollutant, and on April 6, 1973, EPA first promulgated the Asbestos NESHAP in 40 CFR Part 61. In 1982, EPA delegated primary authority for the implementation and enforcement of the Asbestos NESHAP to the state of Florida.
The Florida Department of Environmental Protection (DEP) administers an asbestos removal program under Chapter 62- 257, Florida Administrative Code. The Asbestos NESHAP has been adopted by reference in Section 62-204.800, Florida Administrative Code.
As defined in the regulation, a "facility" is any institutional, commercial, public, industrial or residential structure, installation or building (including any structure, installation or building containing condominiums, or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; or any active or inactive waste disposal site. Any building, structure or installation that contains a loft used as a dwelling is not considered residential. Any structure, installation or building that was previously subject to the Asbestos NESHAP is not excluded, regardless of its current use or function.
Residential buildings that have four or fewer dwelling units are not considered "facilities" unless they are part of a larger installation (for example, an army base, company housing, apartment or housing complex, part of a group of houses subject to condemnation for a highway right-of-way, an apartment which is an integral part of a commercial facility, etc.).
Homes that are demolished or renovated as part of a larger project or installation are regulated by the Asbestos NESHAP. The demolition or renovation of multiple (more than one) small residential buildings on the same site by the same owner or operator (or owner or operator under common control) is covered by the Asbestos NESHAP. The definition of a facility, found in the Asbestos NESHAP, includes installation or group of buildings. If a house is part of an installation, then it would be part of a regulated facility.
Isolated single-family homes that have never been used for commercial purposes are exempt from the Asbestos NESHAP. The term "isolated" means not part of a larger project such as a road widening project or the construction of a new subdivision or not part of any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control). The definition of a facility, found in the Asbestos NESHAP, does not include an isolated residential house that has not been used as a business. However, if the residential house is part of a larger project, then it is not considered isolated and may be required to submit a notice and conduct a survey.
A renovation is altering a facility or one or more facility components in any way, including the stripping or removal of Regulated Asbestos Containing Materials (RACM) from a facility component. A renovation could be, but is not limited to, any interior renovation or remodel not affecting load-supporting structural members or a roof replacement.
A demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning (i.e., practice burns) of any facility.
Normally, roofing work with ACM is classified as a renovation in the Asbestos NESHAP. If roofing work involves wrecking or taking out load-supporting structural members, then the work would be classified as a demolition. Also see Roofing FAQ.
Asbestos NESHAP regulations must be followed for all renovations of facilities with at least 80 linear meters (260 linear feet) of regulated asbestos-containing materials (RACM) on pipes, or 15 square meters (160 square feet) of RACM on other facility components, or at least one cubic meter (35 cubic feet) off facility components where the amount of RACM previously removed from pipes and other facility components could not be measured before stripping. These amounts are known as the "threshold" amounts.
Asbestos NESHAP regulations must be followed for demolitions of facilities with at least 80 linear meters (260 linear feet) of regulated asbestos-containing materials (RACM) on pipes, 15 square meters (160 square feet) of regulated asbestos-containing materials on other facility components, or at least one cubic meter (35 cubic feet) off facility components where the amount of RACM previously removed from pipes and other facility components could not be measured before stripping. However, all demolitions must notify the appropriate regulatory agency, even if no asbestos is present at the site, and all demolitions and renovations are "subject" to the Asbestos NESHAP insofar as owners and operators must determine if and how much asbestos is present at the site.
Example 2: A residential building will be renovated and thereafter used as a commercial office building. If the project meets the above 3 requirements, it is exempt from the NESHAP. However, the new commercial office building will now be subject to the NESHAP for any future renovations or demolitions.
Encapsulation is the application of a material with a sealant to stop it from releasing fibers. Normally, the Asbestos NESHAP does not regulate encapsulation unless it involves removing or stripping asbestos. However, if encapsulation is done using methods that damage asbestos and release fibers, it would be covered. For example, high pressure spraying to apply encapsulant could damage asbestos. Also, if friable RACM is encapsulated, the RACM is still covered by the Asbestos NESHAP if renovation or demolition occurs.
A notification is a written notice of intent to renovate or demolish. Notifications must contain certain specified information, including but not limited to, the scheduled starting and completion date of the work, the location of the site, the names of operators or asbestos removal contractors, methods of removal and the amount of asbestos, and whether the operation is a demolition or renovation. See Section 61.145(b) of the Asbestos NESHAP regulation.
You should notify the appropriate DEP district office or local program office in your area of the demolition or renovation operations subject to NESHAP. See contact information for proper submittal of notification form.
The NESHAP regulation states that either the owner of the building or operator of the demolition or renovation operation can submit the notification. Usually, the two parties decide together who will notify. If no adequate notice is provided, one or both parties can be held liable.
While owners and operators share responsibility for proper notification, the condominium or co-op board is responsible as the owner. The board should ensure that they are told when work takes place on individual units, so that they can comply with notification requirements, especially if multiple operators are involved.
You can use the Online Asbestos Notification System to submit your notification. You can also download a form and instructions on how to fill it out or obtain one from your DEP district office or local program office.
For a renovation, the start date is the day that the removal of asbestos-containing material, or any other asbestos- handling activities, including precleaning, construction of containment, or other activities that could disturb the asbestos, will begin.
For a demolition, the start date is the date that the removal or any removal related activity begins. The date the demolition starts also must be reported. The waiting period should be calculated based on the start date of the removal or if no removal is required then the start date of the demolition. The waiting period is necessary to give inspectors time to visit the site before activity begins.
An emergency renovation is a renovation that was not planned, but results from a sudden, unexpected event that either immediately produces unsafe conditions, or that, if not quickly remedied, could be reasonably foreseen to result in an unsafe or detrimental effect on health or is necessary to protect equipment and avoid unreasonable financial burden. The term includes renovations necessitated by non-routine equipment failures. For example, the explosion of a boiler in a chemical plant might require emergency renovations, since such an explosion would disrupt normal operations. However, renovations involving routine repairs are not emergencies.
First, inspect the facility and determine the amount of RACM that may have to be removed or disturbed to repair the facility. (If you don't have the time to have samples analyzed, you should assume that all insulation is RACM.) Then, if the amount of RACM is in excess of the threshold amount, you should mail or deliver a notification as soon as possible, but certainly no later than the following workday. A notification postmarked more than one working day after the emergency will be considered in violation of the notification requirements. DEP recommends that you send the notice by overnight express mail, and that you phone in a notification as well to the DEP district office or local program office.
A "nonscheduled renovation operation" is a renovation operation caused by the routine failure of equipment that is expected to occur based on past operating experience, but for which an exact date cannot be predicted.