National Emission Standards for Hazardous Air Pollutants (NESHAP) 40 CFR 61(Subpart M) Regulatory Requirements NESHAP Review Introduction of Asbestos NESHAP Applicability Asbestos Containing Material (ACM) Renovation and Demolition Work Practice Removal/Handling/Disposal THE ASBESTOS NESHAP 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 CONCERNS? 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 NESHAP? 1. Thorough inspection of the facility for asbestos containing materials including Categories I and II nonfriable ACM (survey) 2. Notification of renovation and/or demolition 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. SURVEY RECOMMENDATIONS (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 RENOVATION 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) DEMOLITION 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 burning) RACM 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. TRAINING BURNS BY LOCAL FIRE DEPARTMENTS 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 to): 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.)? 4. 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 Regulation. REMOVAL WORK PRACTICES 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 DISPOSAL REQUIREMENTS 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) WASTE SHIPMENT RECORD (WSR) 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. WHAT IF? the survey indicates 15sq.ft of friable skim coat and 155sq.ft. friable ceiling texture, am I subject to NESHAP? the property owner wants me to start demolition before 10 working days? the project involves a renovation at an Apartment Complex clubhouse that was built in 1983, does NESHAP apply? For More Information: MCAQS NESHAP Web-site: http://www.charmeck.org/Departments/LUESA/Air+Quality/Per mitting+Regulations/Asbestos-NESHAP.htm Contact MCAQ (704)336-5430 Richard Nelson: Senior Air Quality Specialist Richard.Nelson@MecklenburgCountyNC.gov Ruth Jacquot: Air Quality Specialist Ruth.Jacquot@MecklenburgCountyNC.gov