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ASBESTOS REGULATIONS AND URBAN DEVELOPMENTCommunity Development Conference2012
Tom BuchanAsbestos NESHAP Coordinator
OEPA, Division of Air Pollution Control614.644.2270Credit: Bob Princic, OEPA/NEDO
www.epa.state.oh.us
November 8, 20121WHAT IS THE ANSWER?What is Asbestos?
Why is asbestos regulated?
What are the regulations?
What do the regulations say about urban development2WHAT IS ASBESTOS ?
Chrysotile -White asbestos-SerpentineFound in 90%-95% ACM
The term Asbestos is not the minerals proper name.
For commercial and historical reasons, the term asbestos includes six different mineral fibers. The mineral fibers fall into two categories that geologists call, amphibole and serpentine.
The chrysotile mineral - AKA white asbestos - The category/Family = Serpentine (long wavy structure)
Not the most hazardous of the two categoriesChrysotile is the only asbestos mineral that has a low resistance to acids, but a high resistance to bases. Chrysotile has been used in asbestos cement, fireproofing, gaskets, adhesives, putty, joints, textiles, mats, paint etc.
July 29, 2010 Canada, the largest exporter of chrysotile asbestos in North America, is under worldwide scrutiny after an indepth investigation of their role in the world asbestos industry by the BBC. In 2009, Canada exported over 159,000 tons of asbestos to developing nations, while using less than 6,000 tons at home (as of 2006, the last date data is available).The global asbestos industry is blamed for 90,000 deaths every yearscientists fear the continued use of asbestos could prolong the global epidemic of asbestos related diseases. The WHO (World Health Organization) confirms that white asbestos (chrysotile) is a known cause of human cancer. The National Toxicology Program, a department of Health and Human Services, clearly states that ...exposure to asbestos causes respiratorytract cancer, pleural and peritoneal mesothelioma (tumors of the membranes lining the chest and abdominal cavities and surrounding internal organs), and other cancers.
The miracle mineralAsbestos was used in 3000 commercial products
It is a microscopic, albeit durable mineral, making it ideal for inclusion in industrial compounds and mixtures. Asbestos can be woven in fiberglass, blended in paint, or used in applications like brake linings to pipes for water and sewer systems
Automotive Parts Containing AsbestosBrakesPerhaps the most common automotive part known to contain asbestos are brake constructions. Asbestos was used in brake shoes, pads, and rotors. Brakes rely on the forces of friction to function properly. Friction releases a great deal of heat, which asbestos insulates against.ClutchesClutches, like brakes, are built to withstand a great deal of friction and grinding. Asbestos was used to protect against corrosion and wear.Heat SealsHeat seals were used to protect against heat transfer among many different engine and automotive body parts.GasketsGaskets were used in automobile hoses and engine parts. Asbestos was used to increase durability and prevent heat transfer for this purpose.Hood LinersHood liners protected the underside of the cars hood from damage due to engine heat. Asbestos was used in hood liners and other automotive parts that were required to withstand heat damage.Body ConstructionWhile asbestos was adept at insulation and prevention of heat transfer, it was also durable, making it attractive for inclusion in fiberglass or plastic compounds from which auto body parts were made. Body parts that were modified or repaired could potentially release asbestos fibers, endangering those in the vicinity.Engine ComponentsThe internal combustion engine used in the great majority of all automobiles releases a great deal of heat. Engine components must be protected against that heat to function properly. In many instances, asbestos was used in the engine part components and compounds to serve this purpose.InsulationThe same asbestos that was used in engine components to protect against heat transfer could be used in body insulation materials to keep a cars inhabitants warm or cool depending on the outside temperature.3WHAT IS ASBESTOS?
Amosite brown1% - 5% ACMCrocidolite blue1% - 5% ACMAmositeGeologist classification is Amphibole short, rigid, rod structure most hazardous
CrocidoliteGeologist classification is Amphibole short, rigid, rod structure most hazardous
1% - 5% ACM
No current production - It was mined in developing countries and can be found in imported materials4
AmositeMost Hazardous
chrysotile
CrocidoliteMost HazardousThere has been studies that show the rod, rigid shape Amosite & Crocidolite are more hazardous than the curve, wavy Chrysotile.
However, after being magnified 250K, you can see that the structures are very similar.
5Getting Started: Asbestos 101
Its a Wonderful Life Jimmy Stewart6ASBESTOS The Wonder MaterialHigh Tensile StrengthFlexibleResists Corrosion & ChemicalsMelts at 2200 -- 2700 F Poor Conductor Effective Insulator -- Hot & ColdMultiple ApplicationsUsed in 3000 commercial products7Construction MaterialsROOFING & SIDINGRoofing felts, shingles & tiles siding shingles (transite) WALLS & CEILINGSSprayed-on fireproofing plaster & joint compound cement sheet textured paints
Construction MaterialsFLOORS tile & sheet flooring, mastic adhesivesPIPES & BOILERScement pipe & fittings, preformed & block insulationcorrugated sheets, paper tape, putty, plumbing jointsOTHER BUILDING PRODUCTSgaskets, packing, cement, insulationThe Complicated Case of Vermiculite
Libby, MT mine
70% of all Vermiculite produced from 1919-1990
Trade name Zonolite
35 million U.S. homes10VermiculiteYOU SHOULD ASSUME THE VERMICULITE CONTAINS ASBESTOS AND DO NOTDISTURB IT!Greater than 90% of vermiculite was contaminated with asbestos 11Asbestos-related Diseases
AsbestosisMesotheliomaLung CancerOther cancers
Usually symptoms take 15 to 30 years or more to develop. Health effects from asbestos exposure may continue to progress even after exposure is stopped.
Asbestos can cause disabling respiratory disease, cancer, and eventually death.USEPA says there is no safe level for exposure to asbestos.12Lung Cancer
(70 per 100,000 lung cancer deaths in general population) Lung Cancer Risks5x higher risk than general population10x higher risk50x to 90x higher risk
Lung cancer causes the largest number of deaths from asbestos exposure. The risk greatly increases in workers who smoke.13Relevant RegulationsNESHAP (40CFR 60 Subpart M) residential demos/renos exemptOhio EPA OAC 3745-20 residential demos/renos exemptODH OAC 3701-34 NO residential exemptionsOSHA Construction standards 29 CFR 1926.1101
NESHAP National Emission Standards for Hazardous Air Pollutants (Clean Air Act)
OEPA enforces federal regulations
OEPA asbestos emission control rules parallel the federal regulations some more stringent14The EPA asbestos rules regarding renovation and demolition consist of four main sectionsRequirements for determining rule applicability
Notification requirements
Demolition and renovation procedures for asbestos emission control
Waste handling and disposal requirements
Requirements for determining rule applicabilityEstablish the type of operation (renovation or demolition)
Establish if the operation involves a facility.
Conduct a thorough inspection of the facility
16Requirements for determining rule applicabilityEstablish if the operation involves a facility.
A facility includes 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)
17What Is An Installation?..any building or structure or group of buildings or structures.under the control of the same owner or operator. (40 CFR 61.141)
Residential structures demolished (or renovated) as part of commercial or public project lose their residential exemption and must comply with the NESHAP (July 28, 1995 Federal Register)What Is An Installation?More than one residential building on the same reno/demo site that are under the ownership or control of the same owner or operator ARE NOT exempt.
Requirements for determining rule applicabilityConduct a thorough inspection of the facility The inspection locates, identifies, and evaluates the condition of asbestos materials and quantifies the amounts.If the combined amount of RACM is at least 260 lin. ft. on pipes, 160 sq. ft. on any other component or 35 ft3 where length or area could not be determined (threshold amounts), then all the RACM must be removed prior to a demolition or renovation, and the notification, emission control/work practices, handling and disposal requirements will apply.
Before any renovation or demolition
ALL demolitions require notifications even if NO asbestos; renovations only required when thresholds meant
Asbestos Hazard Evaluation Specialist certified by ODH20Regulated Asbestos-Containing Material (RACM)Friable asbestos materialCategory I nonfriable asbestos-containing material that has become friableCategory I nonfriable asbestos-containing material that will be or has been subjected to sanding, grinding, cutting or abrading;Category II nonfriable asbestos-containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to a powder by forces of demolition or renovation.
Cat I packing, gaskets, resilient floor covering and asphalt roofing products containing more than 1% asbestos; durable and more difficult to become friable
Cat II all other ACM; not as durable and more easily can become friable21Friablematerial containing >1% asbestos when dry, can be crumbled, pulverized, or reduced to a powder by hand pressure
(Thermal system insulation, fireproofing, plasters and ceiling tiles)
CITY UNTIL YOU OBTAIN AN INSPECTION BY A CERTIFIED ASBESTOS HAZARD EVALUATION SPECIALIST AND GIVE US TEN WORKING DAYS NOTICE.OAC 3745-20Notification requirements prior to demolition or renovation activitiesNotification timelinessEvery demolition or renovation of a facility requires an original notification be submitted when the amount of RACM stripped, removed, dislodged, cut, drilled or disturbed will meet or exceed the threshold amounts. The notification must be postmarked, delivered or received at least 10 working days before the RACM activity begins. (Working days exclude weekends.)Owner/operator equally accountable
Send to appropriate DO/LAA
Must be complete
24Demolition and renovation procedures for asbestos emission controlRACM removal
Adequate wetting
No visible emissions
25Demolition and renovation procedures for asbestos emission controlRACM removal
All RACM must be removed from a facility being demolished or renovated before any activity begins that will break up, dislodge or disturb the materials, or preclude access to the materials for subsequent removal.
26Demolition and renovation procedures for asbestos emission controlRACM can be stripped from facility components after they have been removed in units or sections from the facility, or while the components remain in place at the facility. Category I nonfriable asbestos-containing material that is not in poor condition and is not friable need not be removed during demolition operations.A September, 1992, document was prepared for the USEPA by TRC Environmental Corporation, entitled Demolition Practices Under the Asbestos NESHAP.
27Demolition and renovation procedures for asbestos emission controlAdequate wettingTo sufficiently mix or penetrate with liquid to prevent the release of particulates. While taking out components in units or sections, adequately wet all RACM exposed during cutting or disjointing operations, then encase the component in suitable leak-tight container or wrapping.Adequately wet all RACM while stripping the material from facility components.
28Demolition and renovation procedures for asbestos emission controlAll RACM that has been removed or stripped must remain adequately wet until collected and contained in preparation for disposal. During an emergency demolition, all portions of a facility that contains RACM must be adequately wetted during wrecking operations and remain adequately wet until collected for disposal in accordance with the waste handling and disposal requirements.
Emergency demolition all debris is considered RACM29Demolition and renovation procedures for asbestos emission controlAdequate wetting is a measure used to control visible emissions. If visible emissions are observed, then the material has not been adequately wet, and will result in a violation of emission control requirements.The absence of visible emissions is not sufficient evidence that materials are adequately wet.
30Waste handling and disposal requirementsProper containers and/or liners
Signs and labels
Disposal
31Waste handling and disposal requirementsProper containers and/or linersAfter wetting, all ACWM must be sealed while wet in durable leak-tight containers or wrapping. Acceptable asbestos containers are durable plastic liners, plastic asbestos waste disposal bags, reinforced leak-tight boxes and steel, plastic, or fiberboard drums.
6 mill bags (double bag)
12 mill liners32Waste handling and disposal requirementsSigns and labelsAll ACWM containers and wrapped materials shall be labeled with asbestos danger markings. All ACWM containers and wrapped materials that are to be transported off site shall be labeled with the name of the waste generator and the location at which the waste has been generated.Specifically marked asbestos danger warning signs must be displayed on transport vehicles during loading and unloading of ACWM.
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Labeled asbestos waste disposal bag
Waste handling and disposal requirementsDisposalAll ACWM shall be deposited as soon as is practical by the waste generator at a waste disposal site in Ohio that is permitted to accept RACM, or at an asbestos waste disposal site that operates in accordance with the USEPA asbestos standards if not in Ohio. Waste shipment records (WSRs) with detailed information describing the facility, owner, generator and waste, must be included with each load of ACWM transported off the facility site.
35Waste handling and disposal requirementsWSRs with instructions, and a list of landfills permitted to accept RACM and ACWM in Ohio can be downloaded from the Ohio EPA website at www.epa.state.oh.us.Only Category I nonfriable ACWM that is in good condition, and has not been sanded, grinded, cut, abraded, crumbled, pulverized, or reduced to powder, can go to a licensed construction and demolition debris (C&DD) landfill.All Category I and Category II asbestos-containing debris is prohibited from being recycled.
Rule change effective March 2, 2012 ALL Category II ACM (both friable and non-friable) must go to a regulated asbestos NESHAP landfill
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NO
If Structure has ALWAYS been residential
If Structure contains 4 residential units
If Demo/reno NOT part of installation or facility
Do Ohio EPA Regulations Apply to My Project?
The exemptions are for:
Structures that have ALWAYS been residentialStructures that have 4 or fewer residential unitsAnd if there is only one residential structure as part of the project (no other residential structures or facilities involved).
37Regulatory Involvement in Residential StructuresNo EPA involvement if exempt criteria met
ODH if RACM < 50 ln ft/50 sq ft, then it is not abatement activity
Check with ODH for notification and work practice requirements
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ITS ALL CLEAR NOW!Getting Started:The Asbestos Crisis State and federal regulators regulating asbestos since the 1970s.
Asbestos is EVERYWHERE!
Urban flight + Urban Decay = 1,000s of Urban Demolitions.
Asbestos known carcinogen and USEPA has determined there are no safe levels for exposure to ACM40Do Asbestos NESHAP Regulations apply to Urban Demolition Projects?November 20, 1990, EPA published revision to asbestos NESHAP regulations
Does not consider residential structures demolished as part of public project to be exempt from rule
Demolitions/renovations of individual residential building are regulated if part of a larger project or if residences meet definition of installation
Do Asbestos NESHAP Regulations apply to Urban Demolition Projects?Residential homes within governmental jurisdiction that are/or will be part urban project are subject to thorough inspection requirement of asbestos NESHAP
Governmental unit is considered the operator of demolition operation since it manages the contractors that will be implementing the demolition operation of the urban renewal projectDo Asbestos NESHAP Regulations apply to Urban Demolition Projects?If total amount of RACM added together from every house as part of the urban project exceeds 160sf or 260lf, the urban project is regulated under the asbestos NESHAP
Demolition operations subject to asbestos emission control requirement and waste disposal requirements
Additional homes may be added or subtracted to demolition over length of project period and all are subject to asbestos NESHAP
Project period may extend over yearsThresholds for residential structures is accumulative 43Isolated Single Family Home ExemptionEPA 1995 clarification of intent
Isolated, single family home (including residential structure with four dwelling unit or less) is not subject to the asbestos NESHA regulations
Instance where municipality is demolishing a single family home which is not part of a larger project and which does meet the definition of an installation
Demolition of the home not subject to asbestos NESHAP
No isolated single family home exemption for large projectsNumber of residential structures projected for demolition vary per municipalityRange from tens to the thousandsVacant Structures Cause:Urban blight
Decline in property values
Structures are target for arson
Site for drug trafficking and other crimesRemoval cost for typical 2 story house$8-12K for demo
$3-5K for asbestos survey / abatement / disposal
Average total cost: $12-15KLandfill Costs for ACM DisposalCD & D LF - $475 - $525/40 cu. yd. roll-off box
MSW LF - $650 - $850/40 cu. yd. roll-off box
RACM LF - $1,100 - $1,200/40 cu. yd. roll-off boxObstacles to Overcome Operating Urban Demolition ProgramsPerception of contradictory, conflicting and confusing federal and state asbestos regulations
Inadequate communication among all parties involved: federal and state regulators and county and municipal officials
Securing funding and ensuring a viable funding source for the duration of a municipal urban demolition program
Reducing costs of asbestos abatement and other environmental requirements incurred prior to demolition of urban structuresMunicipalities View of Urban Demolition ProjectsUrgency for removing vacant structuresTheir concerns should supersede the asbestos regulationsFederal and state regulations are too restrictive and complicatedFederal and state regulations contribute to higher project costs, thus reducing the number of residential demolitionsLead Abatement New U.S. EPA Regulations for Residential Abatements take effect April 22, 2010
Not Regulated By Ohio EPA, ODH
U.S. EPA will implementRegion V contact: Phil King (312) 353 9062http://www.epa.gov/lead/pubs/renovation.htm
Lead Abatement Information on the new federal rule can be found at: http://www.epa.gov/lead
Information on ODH contractors can be found at:http://www.odh.ohio.gov/odhPrograms/dspc/lp prev/lp_prev1.aspx
