Asbestos NESHAP
ISSUES AND QUESTIONS
FIRE-DAMAGED BUILDINGS
HOW DOES THE NESHAP APPLY?
After the Fire Is Out

Building condition can vary widely from smoke
damage to complete destruction with variations
in between

Insurance company/owner arranges to secure the
building and surroundings from entry

A disaster restoration service often provides
water, fire, and contents restoration services

This may involve renovation and/or demolition of
the structure or part of the structure
What is Required by the Asbestos
NESHAP for Burned Structures?
 First, if there is no structure or building
remaining, the NESHAP is not applicable


There is no facility to renovate or demolish
Any work performed is clean-up and disposal
 Usually, some load supporting structure
of the burned building is left for
demolition or re-building /renovation
What is Required by the Asbestos
NESHAP for Renovation/Demolition?
As we learned earlier:
 Thorough inspection for asbestos
 Notification for renovation/demolition
 Removal of friable asbestos-containing
material (ACM) or ACM likely to become
friable

Work practices must be observed
 Waste disposal
How do you comply for burned buildings?
How Do You Do a Thorough Inspection
for Asbestos When a Fire Has Occurred?
 If no load supporting
structure remains, no
inspection is required
 If any load supporting
structure remains for
renovation or demolition,
thorough inspection is
required
How Do You Do a Thorough Inspection
for Asbestos When a Fire Has Occurred?
Use an Accredited Inspector (as required by
NCDHHS)
 Inspect, sample and test suspect materials in all
areas that can be accessed safely
 Estimate the quantity and assess the condition of
the suspect material



Was the suspect material burned, subject to high
temperature, made friable, or was it unharmed?
For suspect friable materials, do point counting if
initial Polarized Light Microscopy (PLM) testing is
< 10% asbestos
Based on the Inspection Results, How
Do You Comply With NESHAP?
If NESHAP quantities are present, pri0r to
renovation or demolition:


Unburned friable ACM (Regulated ACM or RACM)
and Category II ACM must be removed
Category I ACM (resilient flooring and roofing) that is
heat damaged, but not burned, is friable and must be
removed


Non-fire damaged Category I ACM may remain in
place or be removed if it will not be made friable
RACM and Category I ACM that has burned has
released asbestos into the structure, and the entire
structure is RACM and is subject to NESHAP
What NESHAP Compliance Issues May
Result From Areas Not Inspected?
 Areas not inspected are presumed to
contain RACM
 RACM that has burned has released
asbestos into the structure, and the
entire structure is RACM and is subject
to NESHAP
Based on the Pictures Below, How
Must the ACM be handled to Comply
With NESHAP?
What If the Structure is Unsafe and
RACM Cannot Be Safely Removed?

If the building can be made safe by shoring,
bracing, adding flooring, etc., do so, then do
asbestos removal in compliance with NESHAP

The municipality can “order” demolition of the
structure when imminent danger is present
and/or when there are significant violations of
building code standards

The order must come from an agency that
regulates building safety
Notification for Ordered Demolition
If the municipality has ordered demolition:

Submit a NESHAP notification as early as possible, but
not later than the following working day



MCAQ recommends requesting a 10-working day waiver prior to demolition
so we can evaluate the circumstances and provide confirmation or denial
The notification must include all of the required
information (see the form), AND

The name, title, and authority of the ordering agency representative;

The date the order was issued;

The date the demolition was ordered to begin
A copy of the order must be attached to the
notification
Work Practice Requirements for
Ordered Demolitions

The structure must be presumed to contain RACM
because a “thorough” inspection for asbestos cannot be
safely done

Remove facility components that are covered or coated
with or contain RACM that can be safely removed before
demolition

Prior to and during the wrecking operation, adequately
wet the portion of the facility that contains RACM

One supervisory person with approved current training
in the provisions of the asbestos NESHAP and the
means of complying with them must be present for the
duration of the demolition
Work Practice Requirements for
Ordered Demolitions

All demolition debris is asbestos-containing waste
material (ACWM) and must be adequately wetted
after demolition and during handling and loading
into the container for disposal

Discharge no visible emissions to outside air

All demolition debris (ACWM) must be disposed of in
a NESHAP landfill

ACWM does not need to be sealed in leak-tight
containers or wrappings but may be transported and
disposed of in bulk (lined and covered trucks, etc.)
Asbestos Inspection and Removal
In Unsafe Structures

Some burned structures are deemed to be
unsafe because structural members are weak
or collapsing, but demolition has not been
“ordered” and they cannot be made safe

NESHAP still requires a “thorough”
inspection for asbestos including Category I
and Category II nonfriable ACM in all areas
that can be accessed safely

Areas not inspected must be presumed to
contain RACM because a “thorough”
inspection for asbestos cannot be safely done
Asbestos Inspection and Removal In
Unsafe Structures

If RACM is not burned, it must be removed in all areas
that can be accessed safely prior to demolition

Category I ACM need not be removed if it is not friable

Before and during the wrecking operation, adequately
wet the portion of the facility that contains RACM

RACM need not be removed before demolition if it was
not accessible for testing and, therefore, was not found
until after demolition began and, as a result, cannot be
safely removed

All debris must be considered ACWM

ACWM must be kept adequately wet at all times until disposed
SUSPECT ACM DISCOVERY
DURING DEMOLITION
HOW DO YOU COMPLY WITH THE
NESHAP REQUIREMENTS?
During Demolition You Find This!
Do You Know What It Is?
Or You Find This!
Do You Know What It Is?
What Do You Do?
When You Don’t Know – STOP!
 First, do your machine operators know how
to recognize suspect ACM?

Consider adding awareness of suspect ACM to
demolition operator training
If the discovered material is friable or may
become friable, adequately wet it and cover it
until disposition is made
 For thorough inspection, sample and test the
new suspect ACM for asbestos
 If it is RACM or ACM likely to be made friable,
remove it in accordance with NESHAP before
resuming demolition

ASBESTOS INSPECTION AND
POINT COUNTING
NESHAP REQUIREMENTS
What Does the NESHAP Say About
Asbestos Inspection and Point Counting?
The answer is: not much!

40 CFR 61.145(a): “…prior to the commencement of the
demolition or renovation, thoroughly inspect the affected
facility or part of the facility where the demolition or
renovation operation will occur for the presence of
asbestos, including Category I and Category II nonfriable
ACM…”

40 CFR 61.141 Definitions: Friable asbestos material means
any material containing more than 1 percent asbestos
…that, when dry, can be crumbled, pulverized, or reduced
to powder by hand pressure. If the asbestos content is
less than 10 percent …verify the asbestos content by point
counting using PLM.”
How Can This Benefit You?
Consider the following scenario:
School Building for Demolition
 Specifications
Building is 40,000 square feet
 Ceiling (30,000 sq.ft.) is textured skim
coat – 2% asbestos
 Flat, built-up roofing and flashing-10%
asbestos
 Demolition job is turnkey
 Lowest bid gets the work

What can you do (legally) to turn in
the lowest possible bid?
NESHAP Considerations
 Ceiling is RACM and must be removed
prior to demolition - $$$
 ACWM (RACM ceiling) must be
disposed of in NESHAP landfill - $$$
 Roofing material in good condition
may be left in place for demolition
 All waste except RACM ceiling can be
taken to C&D landfill - $
Anything else to consider?
Point Counting!
 Demolition contractor calls the asbestos
laboratory
 The retained ceiling sample is enough to do
point counting using PLM
 Asbestos result by point counting is 0.75%
Conclusion:
 Ceiling is not RACM
 Asbestos removal is not needed -
$$$$$$ saved
 Contractor gets the demolition job!!
Summary
Consider using point counting
when initial asbestos test results
for friable asbestos are over 1%
but less than 10%
The low cost of the additional test
may eliminate much higher RACM
removal and disposal costs
Caution! Regulations other
than NESHAP may need to be
considered for compliance
NESHAP CONTACT INFORMATION
MCAQ Main Telephone Number:
(704) 336-5430
Rick Nelson: (704) 336-6865
Richard.Nelson@MecklenburgCountyNC.gov
Ruth Jacquot: (704) 336-5418
Ruth.Jacquot@MecklenburgCountyNC.gov