1. Asbestos NESHAP Inspection and Safety Procedures Course
Chapter 4
Asbestos NESHAP Regulation
The instructor must have an excellent working knowledge of the asbestos NESHAP regulation.
To prepare for teaching the topic, instructors should review the regulation, Chapter 4 of the student manual, and these slides.
If there are a variety of local, state, and/or federal agency staff in attendance, and if time allows, brief discussions of program and interpretation differences would be beneficial to the group as different topics are presented.
Instructors should take questions throughout the presentations but should keep the course on schedule and not allow too much deviation from the agenda.
2014

2. Topics Introduction History Asbestos NESHAP 40 CFR Part 61, Subpart M
Appendix A – Roof Removal Operations
Title slide for this section.

3. A note before we begin…
This section is an overview of the asbestos NESHAP requirements.
For a full understanding and more detail of the NESHAP read:
Chapter 4 in the course manual and
the asbestos NESHAP regulation
EPA’s guidance document, “Demolition Practices Under the Asbestos NESHAP”
Chapter 4 breaks down the regulation by section to illustrate the main points that inspectors should know to conduct asbestos NESHAP inspections.
All students should have at least some elementary knowledge of the regulation. However, be prepared for the possibility that one or more students may not have been exposed to the regulation nor may they have taken the suggested prerequisite self-instructional course.
Inspectors must read and understand the regulation to be fully effective on the job.

4. EPA Legal Authority - Asbestos
Statute: Clean Air Act – Section 112
National Emission Standards for
Hazardous Air Pollutants (NESHAP)
Regulation: 40 CFR Part 61, Subpart M
Asbestos NESHAP
The CAA is the enabling statute for the asbestos NESHAP regulation
Statute; the law…Regulations; the language drafted by the Agency (with public participation; comment periods, public meetings) to explain to the public how to meet the law

5. Asbestos NESHAP Overview
Examples of substances regulated by EPA’s NESHAP program:
Asbestos
Benzene
Chlordane
Formaldehyde
Future references to the “NESHAP” in this course mean the asbestos NESHAP
There are “NESHAP” regulations for many substances.
We refer to the NESHAP regulation that regulates asbestos as the “asbestos NESHAP.”
For simplicity here, this program is about asbestos, so when we say NESHAP here, we are inferring the asbestos NESHAP.

6. Brief Asbestos NESHAP Overview
Applies to all facilities except single residential buildings having 4 units or less, with exceptions
Requires a thorough inspection before disturbance
Requires controlled removal of Regulated Asbestos Containing Materials (RACM) to avoid disturbance during demolition or renovation
See slide bullets. Describe each.
Each point will be addressed in this chapter.
Relative to the first bullet, If a single family home or 4 and fewer dwelling units is demolished as part of a larger project( ie., for a convention center or airport), it IS SUBJECT to the NESHAP.

7. Brief Asbestos NESHAP Overview (cont.)
Prior notification to EPA or the designated local/state NESHAP program
Yes for all demolitions
Maybe for renovations
Requires proper management during disturbance of RACM and disposal to avoid release of fibers
Continuation slide.
Continue description of bullets.

8. NESHAP Information Asbestos NESHAP policy information:
Applicability Determination Index (ADI)
Stationary source compliance/guidance
Technology Transfer Network (TTN)
These sites are excellent sources for clarification letters, future amendments to the NESHAP and other items to help the inspector know how the regulation has been interpreted over the years. Also, AD's are one-time specific, and are not widely applicable to the larger regulated entities.

9. Asbestos NESHAP History
1973 – Addressed demolitions and banned spray-applied asbestos such as fireproofing
1975 – Addressed renovations and banned wet-applied such as pipe/boiler insulation and (thermal system insulation) pre-molded insulation
1978 – Addressed work practices and banned application of decorative uses such as textured ceilings
Significant dates in the asbestos NESHAP.

10. Asbestos NESHAP History (cont.)
1984 – Repromulgation to address work practices
1990 – Repromulgation to address notification and waste/disposal
1993 Technical Update – Labeling citation directed to appropriate OSHA regulation
1994 – Addition of Appendix A to address roof removal
Continuation slide. Significant dates in the asbestos NESHAP

11. Asbestos NESHAP Sections
§ Applicability
§ Definitions
§ – Standard for Demo/Renovations
§ – Waste disposal
§ – Inactive waste disposal sites
§ – Source reporting requirements
§ – Active waste disposal sites
§ – Conversion Process
§ – Delegation of authority
Sections within the regulation.
The symbol § is for “section,” in this case, the specific section of 40 CFR (Code of Federal Regulations) Part 61 Subpart M.

12. § 61.140 - Applicability Asbestos mill operations Roadway surfacing
Product manufacturing
Demolition/renovation operations
Spraying of ACM
Fabricating operations
Use of insulating materials
This slide shows how the NESHAP applies (“applicability”) to asbestos-related issues.
Some of these issues such as mill operations and spraying of ACM are not frequently encountered today.
Check mark/gold colored items denotes sections we’ll discuss during this program

13. § 61.140 – Applicability (cont.)
Waste disposal for asbestos mills
Waste disposal for other ACWM
Inactive waste disposal site closure and maintenance
Air-cleaning device operation
Information reporting
Active waste site disposal operation
Conversion operations
Continuation slide.
ACWM - asbestos containing waste materials

14. Selected definitions to be highlighted in the course.
40 CFR § Definitions
Adequately wet
Asbestos
Asbestos-containing waste materials
Category I nonfriable ACM
Category II nonfriable ACM
Demolition
Emergency renovation
Facility
Friable asbestos material
Glove bag
Inactive waste disposal site
In poor condition
Installation
Leak-tight
Natural barrier
Outside air
Owner or operator
Regulated asbestos-containing material
Renovation
Visible emissions
Waste shipment record
Working day
Selected definitions from the NESHAP will be addressed.
Note for “definitions” slides … these are very brief descriptions of terms. Many of these terms will be used later in this Chapter and in the remainder of the course.
Selected definitions to be highlighted in the course.

15. Adequately wet
To sufficiently mix or penetrate with liquid to prevent the release of particulates
“Surfactant” is a mixture of chemicals and water designed to assist in absorption and adsorption.
Water containing surfactants is sometimes referred to as “amended water.”
Note the document number on the EPA document photo. Though out of print, it can be found on EPA web sites.
This is a guidance document, not a regulation. This means that there can be some flexibility in use, depending on the circumstances of a particular situation.
EPA 340/

16. Asbestos Serpentine (chrysotile) Amphiboles Riebeckite (crocidolite)
Cummingtonite-grunerite (amosite)
Anthophyllite
Actinolite-tremolite
The regulated asbestos minerals as found in the NESHAP.
The purpose of this slide is to remind students of the six asbestos minerals as presented earlier in the course.

17. Asbestos-Containing Waste Materials
ACWM – waste containing commercial asbestos generated by a source regulated by the NESHAP
Friable asbestos waste material
Control device filters
Contaminated bags/packaging
Contaminated materials; e.g., disposable equipment and clothing
The acronym ACWM will be used throughout this program.
Bullets describe the types of regulated wastes.

18. Category I Nonfriable ACM
… asbestos-containing packings, gaskets, resilient floor covering, and asphaltic roofing products containing >1% asbestos …
Category I nonfriable asbestos-containing material definition. Be sure that students understand that the term includes these four materials.
Nonfriable materials can become friable during demolition/renovation activities.

19. Category II Nonfriable ACM
… any material excluding Category I nonfriable ACM containing >1% asbestos …
Category II nonfriable ACM is any nonfriable material other than the four types of materials listed in Category I. TM

20. Demolition
The wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations
The intentional burning of any facility
Demolition is not just razing a building. See slide text.
Burning a building (for example, a fire department conducting bona fide fire training - practice burns) is subject to NESHAP requirements including inspection and removal of all ACM.

21. Emergency Renovation Operation
An unplanned, sudden, unexpected event that could, if not immediately attended to:
present a safety or public health hazard
damage equipment
impose an unreasonable financial burden
Explain definition.
This is generally a sudden and unexpected event. The Owner/Operator often want to take advantage of this when they get caught by a NESHAP inspector, even though they have known about the renovation/demolition for weeks or months.

22. Facility
Any institutional, commercial, public, industrial, or residential structure, installation or building
Excludes residential buildings with ≤ 4 dwelling units
Ships - common interpretation – commercial vessels, not pleasure craft
Active or inactive waste disposal sites
Previously regulated structures regardless of current use
Explain definition.

23. Friable Asbestos Material
When dry, can be crumbled, pulverized, or reduced to powder by hand pressure
If <10%, verify with point counting using polarized light microscopy (PLM)

24. Glove Bag Sealed compartment Attached inner gloves
Allows handling of ACM inside work area enclosures
Briefly explain what a glovebag is and how it is used. This will be reviewed in more detail in a Chapter 8.

25. Inactive Waste Disposal Site
A disposal site where no ACWM has been deposited within the past year.
Explain term from slide.

26. In Poor Condition
… the binding of the material is losing its integrity
… peeling, cracking or crumbling …
Explain definition.

27. Installation
Any building or structure or any group of buildings or structures at a single demolition/renovation site that are under the control of the same owner or operator (or owner or operator under common control)
Explain definition.
An important factor in defining an installation surrounds who is in control during NESHAP-related work – who is the owner/operator.
If it is an installation, there are multiple jobs in different buildings, and a single person is in charge of the operations of the installation, that person is responsible for all work on the installation.
Example: There are multiple demolition contractors working within an installation. If a noncompliance situation is identified, the demolition contractors (operator) can be cited. If there is a general contractor in control of the demolition contractors (operator), that person/firm can be cited and the owner that has control of the installation can be cited.

28. Leak-Tight Solids or liquids cannot escape or spill out Dust-tight
Explain definition.

29. Natural Barrier Natural object that precludes or deters access
Lakes or other large bodies of water
Deep/wide ravines and cliffs
Mountains
The remote nature of a site DOES NOT constitute a natural barrier
Explain definition.
Natural barriers are used to protect the public from exposure. This terminology is often used in reference to public access to waste sites.

30. Nonfriable ACM
A material with >1% asbestos that, when dry, cannot be crumbled, pulverized or reduced to powder with hand-pressure
Explain definition.

31. Outside Air Air outside buildings and structures
This includes air under bridges at open-air ferry docks
Explain definition and relevance.
Open air is generally assumed to be accessible to the general public.
The asbestos NESHAP is designed to control asbestos emissions to the outside air, since a safe concentration of asbestos in the air has not been identified.

32. Owner or Operator
A person who owns, leases, operates, controls or supervises:
a facility being demolished or renovated and/or
a demolition or renovation operation
Explain definition.

33. RACM Regulated Asbestos Containing Material Friable ACM
Category I nonfriable ACM which has become friable
Category I nonfriable ACM which has been/will be sanded, ground, cut or abraded
Category II nonfriable ACM which has a high probability to become or has become friable
Note: Some local/state programs define RACM more stringently; e.g., wallboard joint compound can be regulated as RACM.
Explain definition.
It is imperative that the students have a very clear understanding of the information on this slide.

34. Renovation
Altering a facility or one or more facility components in any way
Includes stripping or removal of RACM from a facility component
Explain definition.

35. Visible Emissions
Emissions coming from RACM or ACWM that are visually detectable without the aid of instruments
Excludes condensed uncombined water vapor from a scrubber
Explain definition.
The control of choice for asbestos is a baghouse w/ HEPA filter, NOT a scrubber.

36. Waste Shipment Record
Must originate with, and be signed by, the waste generator
Tracks and substantiates disposition of ACWM
See Figure 4-4 in the student manual.
The forms/format seen in the CFR are examples only. The format shown in this slide is an example of how the data elements could be formatted. They are not EPA approved forms.
Most local/state programs have their own version of this form, as determined by each state.
Waste hauler forms used by various waste firms like BFI and Waste Management do not replace the requirement for state/federal waste shipment records.

37. Working Day Weekdays – Monday through Friday
Includes holidays falling on weekdays
Explain definition.