National Emission Standards for Hazardous Air Pollutants (NESHAP)

National Emission Standards for
Hazardous Air Pollutants
40 CFR 61(Subpart M)
Regulatory Requirements
Introduction of Asbestos NESHAP
Asbestos Containing Material (ACM)
Renovation and Demolition
Work Practice
 EPA promulgated the asbestos NESHAP in 1973,
has revised it several times, and has issued many
regulatory interpretations of the rules since then
 Federal regulation that includes:
 Manufacturing and fabricating using asbestos
 Brake reliners
 Demolitions and renovations
 Processing, handling, and disposal of asbestoscontaining materials
 The Asbestos NESHAP is the only asbestos
regulation MCAQ enforces
 Asbestos fibers are microscopic (same size
range as most bacteria) and easily inhaled into
the lungs
 No safe level of exposure established.
 Asbestos Related Disease:
Asbestosis, Lung cancer, Mesothelioma.
What are the requirements of
1. Thorough inspection of the facility for
asbestos containing materials including
Categories I and II nonfriable ACM
2. Notification of renovation and/or
3. Work practice
4. Disposal requirements
What is a facility?
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; and any active or inactive
waste disposal site.
(though not required)
 Use a NC accredited inspector to inspect
the facility (usually required by the state Asbestos Hazard
Management Program)
 Inspection protocol should follow AHERA
requirements (40 CFR 763.86)
 Gather representative bulk samples of
suspect ACM
 Have analysis performed by an NVLAP or
AIHA accredited laboratory
 Altering a facility or one or more facility
components in any way
 Material or component removal of Regulated
Asbestos Containing Materials (RACM)
What is RACM?
Note: Not all asbestos containing materials removal activities are regulated if
removed intact (e.g., floor tile, transite siding)
 The wrecking or taking out of any loadsupporting structural component of a facility
together with the related handling operations
A total demolition need not occur to be a NESHAP
demolition; partial demolition is included
The mechanical disassembly of a structure is also
NESHAP demolition
 The relocation (move-off) of a facility
 The intentional burning of a facility (all asbestos
containing materials must be removed prior to
 Containing greater than one (1) % asbestos
 Friable [ crushed, pulverized, or reduced to powder by hand pressure] ; or
 Any non-friable with the potential to become friable by the
forces enacted upon it.
Category I [packing, gaskets, resilient floor covering (e.g., floor tiles, sheet
flooring), asphalt roofing products]
Category II [any other than Category I or Friable]
 In amounts:
 > 160 square feet (5,580 square feet for asbestos- containing roofing
material removed by rotating blade cutter or equipment causing similar
damage) of surface material
 > 260 linear feet on pipes, or
 > 35 cubic feet on facility components when the amount cannot be
measured in the previous two units
Over the course of a year, if the cumulative amount of
ACM being removed at an individual location exceeds
these thresholds that facility becomes subject to the
NESHAP Requirements.
Buildings to be intentionally burned for training fires must
have a general permit as required by MCAQ and the County
Fire Marshal’s office
 Permit requirements for burn include (but are not limited
 Conduct in accordance with applicable regulations and NFPA 1403
 Two weeks written prior notice to persons in occupied structures
within 1500 feet
 At least 500 feet from occupied structures
 Trash, tires, industrial waste, synthetics, etc. must be removed prior
to burning
 Notice one day ahead to the County Fire Marshal and same day notice
to NCDAQ meteorologist
 May not occur on forecasted “Code Orange” or above days
 Must be supervised at all times by an authorized person
 No inversions or at least 3000 ft ceiling, winds 5-15 mph, and wind
direction away from any area that may be affected by smoke/ash
 Time between 8:00 AM and sunset
Is my residential project subject?
1. Will the demolition/move-off project involve more than a single residential building
(e.g., garage, barn, cottage, other residences, non-residential structures) on this parcel,
adjoining parcels, or the same block?
2. Will the residential building be burned by a municipal/volunteer fire department for
training purposes?
3. Is the building to be demolished/moved used now, or was it ever previously used,
commercially, or by an industrial business, an institution(e.g., church, museum, school,
college, etc.), or a public entity (e.g., a federal, state, or local governmental agency, etc.)?
Is the demolition/move-off part of a larger commercial or public project
(e.g., urban renewal, highway/road construction, or shopping mall,
industrial facility, or other private development) that involves
demolition/move-off of more than one residential building or residential
and non-residential buildings?
If you answered “Yes” to any of the above questions, you must complete and submit a “NESHAP
Notification of Demolition and/or Renovation” form for each building/structure and receive approval
from Mecklenburg County Air Quality ("MCAQ") before demolition permits will be issued by the Code
Enforcement Department.
If you answered “No” to all of the questions, it is likely, but not certain, that the asbestos NESHAP does
not apply to your project. Completion of the questionnaire does not relieve the owner from the
requirements of the NESHAP regulation.
NESHAP Notification Form:
For Renovation/Demolition activities, a asbestos survey of all
building materials must be submitted with the notification.
If a notification is being submitted for Presumed Asbestos
Containing Material (PACM) removal, provide clarification under
Section 6 of the material being abated.
Notification must be submitted 10 days prior to the activity
start date, work may begin on the 11th day.
The project must begin and end on the date specified on the
NESHAP notification.
Should the start date or end date change a revised notification
must be submitted to MCAQ prior to the original date (as soon as
you know).
Failure to provide proper notification is in violation of the NESHAP
Adequately wet all RACM exposed during cutting or disjoining operations
and/or during stripping,
Discharge no visible emissions to the outside air during collection,
processing, packaging, or transportation.
All ACWM must be maintained adequately wet while on-site, and
 Placed in leak-tight containers or wrappings
 Properly labeled with:
 OSHA hazard warning
 The name of the waste generator
 Location at which it was generated
Lower the material carefully to the ground; do not drop, throw, or damage,
One supervisory person with approved current training in the provisions of
the asbestos NESHAP and the means of complying with them to be present
at all times.
Adequately wet means: sufficiently mix or penetrate with liquid to
prevent the release of particulates
 Vehicles must be marked with “Danger-Asbestos
Dust Hazard-Cancer and Lung Disease HazardAuthorized Personnel Only” signs during the
loading and unloading
 All ACWM from a facility must be deposited in a
asbestos NESHAP landfill
 Category I nonfriable ACM (floor coverings,
roofing) that are not RACM may be taken to other
landfills (notify the landfill of asbestos)
 A WSR shall be generated for ACWM taken
off-site for disposal
 The generator shall receive a copy of the
WSR signed by the landfill within 35 days of
the transporter accepting the ACWM
 Within 45 days of the transporter accepting
ACWM if a copy of the WSR is not received
report to MCAQ in writing.
the survey indicates 15sq.ft of
friable skim coat and 155sq.ft.
friable ceiling texture, am I subject
the property owner wants me to
start demolition before 10 working
the project involves a renovation
at an Apartment Complex
clubhouse that was built in 1983,
does NESHAP apply?
For More Information:
Contact MCAQ (704)336-5430
Richard Nelson:
Senior Air Quality Specialist
Ruth Jacquot:
Air Quality Specialist