Is my demolition/renovation project covered by EPA asbestos rules?

Does your project involve asbestos?

The asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP) regulations protect the public by minimizing the release of asbestos fibers during activities involving the processing, handling, and disposal of asbestos-containing material. Accordingly, the Asbestos NESHAP specifies work practices to be followed during demolitions and renovations of all structures, installations, and buildings (excluding residential buildings that have four or fewer dwelling units).

The regulations also require the owner of the building and/or the contractor to notify applicable state and local agencies and/or EPA Regional Offices before all demolitions, or before renovations of buildings that contain a certain threshold amount of asbestos.

What is the difference between demolishing a facility and renovating it?

“Demolition” and “renovation” are defined in the asbestos air regulation at 40 CFR part 61. You “demolish” a facility when you remove or wreck any load-supporting structural member of that facility or perform any related operations; you also “demolish” a facility when you burn it. You “renovate” a facility when you alter any part of that facility in any other manner. Renovation includes stripping or removing asbestos from the facility.

What is a “facility?”

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.

How much asbestos must be present before the Asbestos NESHAP work practice standards apply to renovation projects?

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 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. These amounts are known as the “threshold” amounts.

How much asbestos must be present before the Asbestos NESHAP work practice standards apply to demolition projects?

Asbestos NESHAP regulations must be followed for demolitions of facilities with at least 80 linear meters (260 linear feet) of 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.

What is a notification?

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.

Whom do I notify?

You should notify the delegated state/local Pollution Control Agency in your area and/or the EPA Regional Office of the demolition or renovation operations subject to NESHAP. Some EPA Regions require that both the EPA Regional Office and the local delegated agency be notified, while some require notice only to the delegated state or local agency. If the program is not delegated, notify the EPA Regional Office.

Who is responsible for submitting a notification — the owner of the building which is being demolished or renovated, or the contractor?

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 neither provide adequate notice, EPA can hold either or both parties liable.

Does the Asbestos NESHAP require a building owner or operator to remove damaged or deteriorating asbestos-containing material?

No. Not unless a renovation of the facility is planned which would disturb the asbestos-containing material (ACM) and it exceeds the threshold amount.

What does “adequately wet” mean?

To “adequately wet” ACM means to sufficiently mix or penetrate the material with liquid to prevent the release of particulates. If visible emissions are observed coming from ACM, then the material has not been adequately wetted. However, the absence of visible emissions is not evidence of being adequately wet.

If a contractor puts water in the bottom of a bag, then strips the friable asbestos material dry and lets it fall into the water, is this a violation of the Asbestos NESHAP standards?

Yes. The regulation states that friable ACM must be “adequately wet” during stripping operations. The material must remain wet until disposal.

What is friable ACM?

Friable ACM is any material containing more than one percent asbestos (as determined by Polarized Light Microscopy) that, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure.

What is non-friable ACM?

Non-friable ACM is any material containing more than one percent asbestos (as determined by Polarized Light Microscopy) that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. Under the Asbestos NESHAP, non-friable ACM is divided into two categories. Category I non-friable ACM are asbestos-containing resilient floor coverings (commonly known as vinyl asbestos tile (VAT)), asphalt roofing products, packings and gaskets. These materials rarely become friable. All other non-friable ACM are considered category II non-friable ACM.

Can I transport bulk asbestos waste without placing it in containers as long as I keep the waste pile wet?

No. After wetting, seal all asbestos-containing waste material in leak-tight containers while wet and label with the appropriate signs and labels. If the waste will not fit into containers, it must be placed in leak-tight wrapping.

However, for facilities that are demolished without removing the RACM and for ordered demolitions, the material must be adequately wet after the demolition has occurred and again when loading the material for transport to a disposal site. RACM covered by this paragraph may be transported in bulk without being placed in leak-tight containers or wrapping.