Successful Demolition / Renovation, Steps 3 & $ Presented at the Wisconsin Asbestos Seminar, December 6, 2013
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SUCCESSFUL DEMOLITION/RENOVATION STEPS 3 & 4 What You Need to Know About Renovation & Demolition Regulatory Summary Presenters: Mark Davis, WDNR Bret Berglund, IAQ Diagnostics Beth Nethery, Balestrieri Group
Transcript
1. SUCCESSFUL DEMOLITION/RENOVATION STEPS 3 & 4 Presenters:
Mark Davis, WDNR Bret Berglund, IAQ Diagnostics Beth Nethery,
Balestrieri Group What You Need to Know About Renovation &
Demolition Regulatory Summary
2. 4 KEY STEPS 1. INSPECTION: INSPECT THE FACILITY All affected
parts of a facility being renovated or demolished must be inspected
for the presence of asbestos by a State licensed Asbestos
Inspector. 2. NOTIFICATION: NOTIFY THE STATE You must notify the
State of demolition and/or renovation activities. Projects within
the City of Milwaukee also require a permit application process to
be completed.
3. 4 KEY STEPS 3. REMOVAL: REMOVE REGULATED MATERIALS All
regulated asbestos-containing materials that would be disturbed
must be removed by a State licensed company with State licensed
supervisors/workers. 4. DISPOSAL: DISPOSE OF WASTE All
asbestos-containing waste material must be properly labeled and
disposed of in leak-tight containers at a landfill approved to
accept asbestos.
4. KEY STEP 3 REMOVE REGULATED MATERIALS The inspection is in
place, butdoes it cover the portion of the work to be renovated?
Does it address the building planned for demolition? Does it list
the condition of the material? Was everything sampled before
planning a fire training burn with the fire department? The
notification is in place, but.is it supposed to be filed with WDNR
or DHS? Will it require a permit from the City of Milwaukee? These
are important questions to answer before moving into the next two
steps. STOP here if you are not positive.
5. KEY STEP 3 REMOVE REGULATED MATERIALS Regulations governing
the removal of asbestos building materials must be followed so that
the building occupants, workers, other contractors, the general
public and the environment are not unknowingly exposed to asbestos.
NESHAP (National Emission Standards for Hazardous Air Pollutants)
rules apply to demolition and renovation activities, abatement,
containerization, transportation and disposal of asbestos. The
rules keep the air and the environment clean. In Wisconsin, USEPA
has delegated the authority to implement and enforce the NESHAP
rule to the Department of Natural Resources (WDNR). WDNR has
citation authority for failure to inspect, notify and follow
certain landfill requirements.
6. KEY STEP 3 REMOVE REGULATED MATERIALS WDNR requires all
regulated asbestos-containing materials (RACM) that would be
disturbed as part of a renovation or demolition be removed before
beginning the project. This includes all friable and non-friable
asbestos-containing materials that could be crumbled, pulverized or
reduced to powder during the project. In part, the work methods of
removal and/or demolition will determine the applicability of the
asbestos NESHAP. If NESHAP applies, a notification of intent to
renovate or demolish must then be submitted to WDNR before any
renovation or demolition activities can begin.
7. KEY STEP 3 REMOVE REGULATED MATERIALS In other words, ALL
demolitions and renovations are subject to the asbestos NESHAP
because you must first determine if and how much asbestos is
present by securing the pre-project inspection from a
trained/certified inspector. Then, the scope of work factors in
along with the type of structure (whether or not it is subject to
NESHAP) and the type, condition and quantity of material to make
the determination. Keep in mind, State Certified/Licensed Asbestos
Supervisors and Workers, must perform the asbestos abatement
regardless of whether the material is regulated (friable/RACM) or
non-friable; and, in any quantity over that of one waste bag of
removal.
8. KEY STEP 3 REMOVE REGULATED MATERIALS The Department of
Health Services (DHS) regulates trainers and the content of their
classes to enable licensing and the continuing education of fully
trained individuals to perform asbestos abatement properly and
safely per the requirements of EPA. A list of licensed companies
can be found on their website dhs.wisconsin.gov/asbestos/Cert/ The
DHS ensures that persons performing asbestos abatement in or on
buildings are protected from harm and that their activities do not
adversely affect the health and safety of others by monitoring all
notices filed with both agencies and visiting those sites to check
licenses.
9. KEY STEP 3 REMOVE REGULATED MATERIALS DHS monitors notices
filed with the DNR for regulated quantities and/or a demolition of
a subject facility. DHS monitors notices required to be filed
directly to DHS for enclosing, encapsulating or repairing more than
3 square/3 lineal feet of friable ACM because that work must be
performed by an asbestos licensed company with fully
trained/licensed personnel. DHS monitors notices required to be
filed directly to DHS for projects in which all ACM will remain
non-friable regardless of the quantity (remember work method needs
to be considered).
10. KEY STEP 3 REMOVE REGULATED MATERIALS DHS monitors notices
required to be filed directly to DHS for projects not meeting the
NESHAP threshold and for all non-subject residential facilities.
NESHAP threshold is 260 linear/160 square/35 cubic feet of RACM.
All non-friable materials and RACM under the threshold must be
notified to DHS in accordance with DHS 159 unless the project is
one waste bag or less properly filled. Projects with both
non-friable and RACM meeting the NESHAP threshold are filed only
with the DNR but are still monitored by DHS.
11. KEY STEP 3 REMOVE REGULATED MATERIALS All supervisors and
workers must work for a Certified Asbestos Company, including
one-person operations (i.e., Inspectors). DHS requires that a
certified supervisor be on site during all abatement work to
protect the public health including preventing the release of
asbestos fibers into the air; and, following work practice
standards as established by other state or federal agencies.
Exterior work is not exempt from DHS 159. You must be an asbestos
trained/certified company to disturb or remove more than one waste
bag of building materials known or suspected to contain asbestos.
(i.e., roofing, siding and window replacement).
12. KEY STEP 3 REMOVE REGULATED MATERIALS DHS requires the
posting of a fully completed site-specific Occupant Protection Plan
outside of the regulated area immediately upon arrival. The purpose
is to advise anyone entering the area of the type of work in
process and the measures being taken to protect occupants and
furnishings. An Occupant Protection Plan is not required on sites
that the entire building is considered vacant. This means all
belongings, people and contents are out. (i.e., if appliances such
as a refrigerator are still on site, it is considered occupied.) A
site visit by a DHS Inspector can result in a Notice of Non-
Compliance (NON) and a forfeiture if the plan is not posted.
13. KEY STEP 3 REMOVE REGULATED MATERIALS DHS requires every
site to keep a Daily Project Log documenting names, times and
signatures of everyone who is inside the regulated area and each
time they go in and out (even for lunch breaks) Not doing so can
also result in a NON and forfeiture issued by DHS. OSHA defines the
regulated area as that in which the workers move about in the
process of performing the work or in which there is a reasonable
possibility the concentrations may exceed the Permissible Exposure
Limit (PEL). The Log also serves as a vital safety measure if the
containment needs to be vacated during an emergency.
14. KEY STEP 3 REMOVE REGULATED MATERIALS Both the Occupant
Protection Plan and the Log developed by DHS are largely based upon
OSHA 1926.32 and1926.1101where the definition of the Competent
Person (Asbestos Supervisor) is to be capable of identifying
existing and predictable hazards and developing the means of
preventing asbestos exposure. The Supervisor is responsible for
posting/maintaining these forms. OSHA Standard for the Construction
Industry (29 CFR 1926.1101) regulates asbestos exposure to workers
during activities such as demolishing, salvaging, renovating or
repairing structures as well as transportation/disposal of ACM
waste.
15. KEY STEP 3 REMOVE REGULATED MATERIALS OSHA refers to 4 Work
Classifications: Class I removal of high risk (friable) ACM or PACM
Thermal System Insulation (TSI or Surfacing Material) Class II
removal of non-friable ACM or PACM Floor tile, roofing, siding,
mastic and ceiling tile. Class III Operations & Maintenance
Activities (O&M) ACM likely to be disturbed, one glove bag rule
Class IV clean-up from other Class activities ACM will be contacted
but will not be disturbed
16. KEY STEP 3 REMOVE REGULATED MATERIALS Under DNR
requirements, 40 CFR Part 61, no regulated ACM may be stripped or
otherwise disturbed at a facility regulated by this chapter unless
at least one on-site person is trained in the provisions of this
chapter and the means of complying with them, is present. On
demolition sites that person must be able to stop the demolition
from proceeding upon the discovery of asbestos materials that have
not been abated. Work must cease for samples to be taken, abatement
to be performed, or the materials must be assumed to contain
asbestos if deemed unsafe for removal rendering the C&D waste
as asbestos contaminated.
17. KEY STEP 3 REMOVE REGULATED MATERIALS REMOVAL BASICS:
Control Asbestos Emissions: To ensure compliance with NR447 the
following work practices are required when performing abatement:
Keep asbestos adequately wet, wet, wet to prevent visible
emissions. The absence of visual emissions is not sufficient
evidence that the material has been wetted. All stripped ACM must
be collected for disposal. All ACM must remain adequately wet when
collected, contained, treated for disposal and sealed in leaktight
prior to being transported to the landfill. For materials that will
not fit without additional breakage, leaktight wrapping may be
used.
18. KEY STEP 3 REMOVE REGULATED MATERIALS Possible exception to
wet removal: Wetting that would unavoidably damage equipment.
Owner/operator must supply the DNR with sufficient information
explaining the situation. If the DNR approves, the asbestos
abatement company shall use a local exhaust ventilation and
collection system designed and operated to capture the particulate
produced and exhibit no visible emissions to the outside air. The
contractor must receive written approval from the DNR and file
appropriate notification before starting the project.
19. KEY STEP 3 REMOVE REGULATED MATERIALS Another Possible
exception to wet removal: Wetting that would be limited due to
freezing temperatures. The Asbestos Certified Supervisor must
document freezing temperatures in the work area on a daily log a
minimum of 3 times daily during each work day in which wetting is
suspended. The records must be kept for at least 2 years.
Containerized waste must be kept wet at the earliest possible
opportunity if not immediately transported to the landfill.
20. KEY STEP 3 REMOVE REGULATED MATERIALS REMOVAL BASICS
Contain Work Area: Continually check containment Post all required
signage to avoid entry by untrained visitors Repair any breaches
immediately Filter the air HEPA filters on respirators, vacuums,
negative air machines and power-tools Use negative air pressure
Negative air machines in good working order keep running overnight
use of a manometer with readings is recommended
21. KEY STEP 3 REMOVE REGULATED MATERIALS GOOD WORK PRACTICES:
Use nylon brushes and plastic shovels Use low-pressure water or
airless sprayers Work from top to bottom toward the negative air
machine Wear proper PPE (suits, gloves & respirators) Keep
material wet, wet, wet at all times Change or repair torn suit
Change filters (air & water) when necessary Good housekeeping
practices inside and outside
22. KEY STEP 3 REMOVE REGULATED MATERIALS CLEAN UP Bag waste
throughout the day filling bags only 1/3 full Double-bag and
gooseneck Apply all required labels Do not allow waste to
accumulate in work areas Do not throw or drop bags Final clean
& apply lockdown Clearance air monitoring if applicable (PCM or
TEM) In the City of Milwaukee, contact DNS for a final inspection,
and provide the DNS inspector the clearance results.
23. KEY STEP 4 DISPOSE OF THE WASTE CONTAINERIZE THE WASTE All
ACM debris must remain wet when collected, contained, treated for
disposal and transported. All asbestos containing waste material
(including suits and poly) must be properly disposed of in
leak-tight containers. All containers must be labeled with the name
of the waste generator and location at which it was generated. No
ACWM should go to a transfer station, direct haul only.
RACM/friable waste must be manifested and labeled properly for
transportation RQ, NA2212, Asbestos, 9, PGIII
24. KEY STEP 4 DISPOSE OF THE WASTE CONTAINERIZE THE WASTE A
properly completed manifest is your chain of custody showing at any
stop where the waste originated, who has it currently and where it
is intended to go. It must also include emergency contact of a
person with knowledge of the waste per 49 CFR 172.604. Identify the
waste, quantity and size of containers. The state regional office
of the WDNR responsible for administering the asbestos NESHAP
program should also appear on the manifest.
http://dnr.wi.gov/contact/OfficeLocations.html
25. KEY STEP 4 DISPOSE OF THE WASTE TRANSPORT THE WASTE
Transportation of ACM and most other demolition materials is
regulated under s. NR 502.06, Wis. Adm. Code, requiring
transporters to have a Solid Waste Transportation License. Plan
accordingly, a 24-hour lead time is required for most landfills in
order to insure the waste can be buried promptly. The landfill must
operate in accordance with 40 CFR Part 61.150 & 61.154 and be
licensed by the DNR under section NR 506.10 Wis. Adm. Code. All out
of state disposal sites shall be operated in conformance with 40
CFR Part 61 Subpart M, section 61.152.
26. KEY STEP 4 DISPOSE OF THE WASTE TRANSPORT THE WASTE EPA has
4 specific reporting and recordkeeping rules for waste generators,
transporters and landfills: Waste must be accompanied by a Waste
Shipment Record (WSR) or manifest ultimately having three
signatures, those of the Generator, the Transporter and Landfill.
Reporting Requirements are required of the generator and the
landfill to submit an exception report if they do not receive a
copy of the WSR signed by the landfill within 45 days of the date
the waste was accepted by the first transporter. Landfills must
report any discrepancies between quantities or improperly sealed
waste.
27. KEY STEP 4 DISPOSE OF THE WASTE TRANSPORT THE WASTE EPA 4
specific reporting and recordkeeping rules cont. Recordkeeping
Requirements state that Generators must keep copies of all WSRs for
at least 2 years and active landfills must also keep the WSR for at
least 2 years documenting the location, depth and area, and
quantity of ACWM within the disposal area on a map or diagram.
Source Reporting Requirements are required of the landfill and
include such items required to be reported to the regional NESHAP
program agency as the average weight per month of asbestos being
processed by the source (landfill) in the past 12 months.
28. KEY STEP 4 DISPOSE OF THE WASTE LANDFILL THE WASTE
Questions to ask the landfill: Can the landfill provide me generic
approval for multiple locations when my company has various
projects? If I am a small contractor can I just have a one time
approval for each of my single projects? What are the hours of
acceptance? What are the acceptance requirements (24 hours notice)?
Can I set up an account to be invoiced or is it COD? Will the
landfill return the final manifest to Generator?
29. KEY STEP 4 DISPOSE OF THE WASTE LANDFILL THE WASTE The
Landfills Expectations of you: Manifests must be signed and
completed for acceptance The WDNR Notice (Form 4500-113) may be
requested of the driver at the gate along with the manifest.
Correct labeling of containers (roll-off, etc) bags/drums. Use
correct manifest for friable asbestos (DOT Haz Mat) Drivers must
have proper training and wear safety vests. Driver should have
access to a respirator for unloading.
30. KEY STEP 4 DISPOSE OF THE WASTE LANDFILL THE WASTE One time
approvals or unique abatement projects may require a 3 to 4 day
period before acceptance of waste. Submission of a profile form
with accompanying analyticals and MSDS sheets may be required for
unique abatement projects (i.e., fire debris, contaminated soil,
ACM mixed with paint, chimney ash, etc.) Allow plenty of time for
approval. Even a non-regulated structure, (single-isolated home) is
not exempt from the WDNR asbestos disposal requirements, but you
can ask the landfill if they accept the residential exemption for
customers that perform their own work.
31. KEY STEP 4 DISPOSE OF THE WASTE LANDFILL THE WASTE On site
disposal of any material usually requires approval from the DNR
Regional Solid Waste Program. All debris with RACM left in place
must be handled and disposed of as asbestos containing waste at an
approved landfill, unless the asbestos containing portions can be
segregated. All non-friable ACM allowed to be left in place and
handled with the demolition materials must appear on the WDNR
notification and can be disposed of at a C&D landfill that will
not further subject the waste to sanding, grinding, cutting or
abrading before it is buried.
32. KEY STEP 4 DISPOSE OF THE WASTE LANDFILL THE WASTE The use
of environmentally beneficial demolition practices can result in
long- and short-term environmental benefits and set the stage for
vacant lot revitalization. EPA Region 5 (ours) has developed a
Residential Demolition Bid Specification Development Tool which
highlights environmental issues associated with residential
demolitions and lists specific practices that can be incorporated
into the demolition contracting process to achieve better
environmental outcomes. Communities can download the report and
access a large-scale demolition resource site at:
www.epa.gov/large-scale-residential-demolition
33. WISCONSIN DNR & DHS HAVE EXCELLENT WEB SITE GUIDANCE To
make information on identifying, handling and properly disposing of
hazardous materials readily available. Contractors and building
owners have a source to reference at the planning stage. Former
documents just covered pre-demolition, but renovation projects have
many of the same environmental concerns. Visit the websites for all
the updates, including this presentation. More government agencies
have an interest in your project than you think.
34. RESOURCES WDNR Publication AM-366 2006 REV 11/12 WDNR
Publication AM-401 2010 Recently revised WDNR Publication WA-651
(Revision 2013) Guide to DHS 159 Asbestos Rule Revisions P-00048
(03/09) City of Milwaukee DNS Chapter 66
http://city.milwaukee.gov/DNSsections/Development-Center-/Quick-reference-Does-itneed-a.htm
http://city.milwaukee.gov/ImageLibrary/Groups/dnsAuthors/planning/pdfs/AsbestosAbate
mentinfo.pdf
http://city.milwaukee.gov/ImageLibrary/Groups/dnsAuthors/planning/pdfs/AsbestosApplic
ationNewFees13.pdf
http://city.milwaukee.gov/ImageLibrary/Groups/dnsAuthors/planning/pdfs/AsbestosProject
Worksheet.pdf Many thanks to those who have contributed their
wealth of knowledge and experience to our presentation.