Bob Princic Division of Environmental Response & Revitalization Environmental Supervisor April 7, 2016

Recent Ohio EPA Policy Updates Shingle Piles Pipeline Removal New Notification Form Recent ODH Policy Updates Survey Requirement Renovating Abandoned Buildings ACM-containing debris piles and on-site soil

Clean Air Act National Emissions Standards for Hazardous Air Pollutants (Asbestos NESHAP) 40 CFR 261 Subpart M Asbestos Hazard Emergency Response Act (AHERA) 40 CFR 763 Subpart E

Ohio Administrative Code (OAC) 3745 – 20 Ohio EPA Regulations for : Applicability Notification Removal Waste handling Waste disposal

Ohio Administrative Code (OAC) 3701 – 34 ODH Regulations for : Licensure of asbestos professionals Standards of conduct Work practices Protection of the public

One of “assumed” materials allowed for surveys remains in place Cat 1 material –good/fair condition, remains in place during demolition removal & disposal Poor condition (friable) = treat as RACM (removal & disposal) Challenge – What to do with piles of used shingles? Challenge – What to do with piles of used shingles?

Undocumented large stockpiles across Ohio Potential environmental and health hazard Often obstacle to redevelopment of industrial property Multiple state agencies’ regulations impact reuse ODOT – ODH – Ohio EPA (DMWM & DAPC)

“ASSUMING” ACM = NO POTENTIAL REUSE Disposal options: good/fair condition good/fair condition -- C & DD LF poor condition poor condition -- RACM LF No activities with potential for airborne releases without a PTIO No approved sampling protocol to determine ACM or not

Prohibits Prohibits reclamation of documented ACM shingles Prohibits Prohibits reuse of co-mingled shingle-waste piles Allows Allows known/historical piles to be reused with sampling results < 1% Sampling requirements differ based on origin of pile

Sampling requirements: Sampling requirements: Known stock (shingles from known source) samples/100 tons stock prior to grinding No post-grinding sampling required Random samples taken by AHES Historical stock (existing piles from unknown sources) 225 Pre-grinding: 2 samples/25 tons or less stock 250 Post-grinding: 2 samples/50 tons or less stock

Other requirements: Other requirements: Known stock (shingles from known source) Record-keeping: Record-keeping: facility location, contact person, TEM sample results = stock is non-ACM Compliance: Compliance: follow PTIO terms & conditions (if applicable) Historical stock (existing piles from unknown sources) Record-keeping: TEM sample results = stock is non-ACM All samples > 1% ACM = disposal as RACM All samples > 1% ACM = disposal as RACM

U.S. pipeline transmission and distribution grid – move natural gas anywhere within the lower 48 states NG pipelines across U.S. 300, ,000+ miles of pipeline 1,400+ 1,400+ compressor stations* multi-state pipeline projects impact Ohio** * ** Federal Energy Regulation Commission

ACM coating on pipelines for insulation & protection from the elements Maintenance/repair/removal activities subject to State and federal asbestos regulations Projects cover multi-jurisdictions, multi-phased State policy needed for notification process

February 2016 DAPC Standard Operating Guidance Pipeline coatings (good condition) are Cat II material Cat II material disposal in RACM LF TOTAL Notifications based on TOTAL size of the project – multiple mini- projects (i.e. < 260 ln ft) not permitted Notifications required by rule – no “courtesy” notifications Notifications to proper jurisdiction required (can be annual or project-specific)

25 Still 2-page notification – now 5 pages of detailed instructions Developed by asbestos inspectors Changes: DESCRIBE – methods of demolition DO/LAA – web link to correct office, inspector MULTIPLE ADDRESSES – Up to 5 separate structures

OAC (c)(2) Effective November 3, 2014 duration Copy of survey on-site for duration of abatement (does not apply to demolition)

No map, blueprint, diagram for samples Samples improperly collected No description homogeneous area, sampling logic No name, AHES # for evaluator, sampler No footages (sq/ln/cu) of ACM types (courtesy of ODH)

Prior to renovation or demolition -- thorough inspection for ACM required (OAC ) Inspector ODH-certified AHES No AHES = non-compliant survey No AHES = non-compliant survey All ACM: Located and identified (on map) Condition assessed and sampled Determine: abatement or remain in place

VAP CP performs Phase I investigation Other concerns include: Solid –hazardous waste Other hazardous wastes/materials Ohio EPA/ODH notice before abatement required ODH-certified abatement contractor and workers conduct all asbestos abatement activities

No ambient air standards U.S. EPA’s position – “No safe level of asbestos ” No VAP RSL or U.S. EPA generic soil clean-up standard Determined on a “case-by-case” basis U.S. EPA & Ohio EPA -- background determination Consistent with DAPC Regulations > 1% asbestos + source subject to State and federal asbestos rules = comply DAPC & DSIWM regulations

No Federal or State-approved soil sampling protocol No protocols for decontamination of porous materials NESHAP “Demolition Decision Tree” guidance Emergency demolition clean-up – to background levels AHERA clean-up standard as guidance.01 fibers/cm 3 or 70 structures/mm 2

Owner/operator – ALWAYS Owner/operator – ALWAYS considered a responsible party by Ohio EPA “….owns, leases, operates, controls or supervises the facility being demolished or renovated…. any party that owns, leases, operates, controls or supervises the demolition or renovation activity, or both.” Abatement contractors, demolition contractors, general contractors, facility owners, municipalities (LBs exempt by regulation)

When Does a VAP CP become and “Owner/operator”? Very Limited Circumstances: CP is/becomes actual owner of the Property CP assumes “hands on” supervisory role in abatement activities (requires ODH license!) CP assumes role of project manager