welcome to the outreach presentation on therevised massdep asbestos regulation that took effect in june 2014.i’m mike elliott, the asbestos program coordinator for the bureau of air & waste at the massachusettsdepartment of environmental protection (also known as massdep).in the following presentation, i will guide you through a high level overview of the regulatoryrevisions that offers some insight about how these revisions affect the regulated communitysuch as property owners, contractors, and the construction trades.ultimately, i hope this information will help everyone to understand the requirements wheneverthey conduct renovation and demolition activities that require the disturbance or removal ofmaterial that contains asbestos.
if after listening to this presentation, youhave further questions; my contact information is listed on the last slide. i welcome yourcomments and questions. after more than 10 years in the making, themassdep asbestos regulation has been revised. this represents the first major re-write in30 years or so. the basic legal structure hasn’t changed;there are two regulatory agencies in massachusetts – the massdep and the department of laborstandards (or dls), which together ensure the proper management of materials that containasbestos: massdep implements the state and federal cleanair act statutes to prevent releases of asbestos into the air, as well as to protect publichealth, safety and the environment, and
dls enforces state statutes with respect to:licensing of contractors qualified to work with asbestos, establishing safe work practicesand worker qualification requirements, and certifying competent laboratories that conductanalytical methods for asbestos. the overarching goals of the massdep asbestosregulation revisions enacted in june 2014 were to clarify definitions and regulatoryrequirements; incorporate policies that were previously outside the regulation; and betteralign the state program with the epa asbestos national emissions standards for hazardousair pollutants (or neshaps). it is also worth noting that the overlap withthe state sanitary code affords an opportunity for inter-agency cooperation with local boardsof health. state sanitary code requires owners
of residential buildings to repair or removedamaged asbestos containing materials in accordance with massdep and dls regulations.the massdep asbestos regulation focuses on renovation and demolition work involving materialsthat contain asbestos. the regulation’s two fundamental performancestandards for these activities have not changed. whenever you need to disturb asbestos-containingmaterial, you will still need to: prevent releases of asbestos fibers to theair (the so-called visible emission standard); andprotect public health, safety and the environment. the essential elements of the program remainunchanged. these elements reflect the typical life-cycle of an asbestos abatement project.notify massdep and dls before starting work.
notifications filed with massdep are sharedwith dls so you only need to notify once follow specified work practices when conductingthe abatement activities manage asbestos containing waste materialproperly please note: dls’s regulations have notchanged. in the next two slides, i will highlight afew of the new elements of the revised regulation. pre-reno/demo survey:while the requirement to conduct a pre-reno/demo survey is new to the massdep regulation, itis not new to this type of work. since 1990, epa’s asbestos neshap regulation has requireda “thorough inspection†before starting any demolition or renovation activities. thisinspection must identify all asbestos-containing
material in the area that will be disturbedby the planned work. massdep’s regulation describes who can conductthe “pre-reno/demo†surveys and what needs to be documented in a written survey report.notification exemption for small jobs: the revised regulation provides notificationexemptions for a limited universe of small jobs involving certain materials. specifically,the following threshold quantities apply: < 100 sf of asbestos-cement shingles, siding,panels <100 32="" addition="" an="" and="" asbestos-containingmaterial="" asbestos="" at="" certain="" family="" floor="" gypsum="" in="" jointcompound="" of="" on="" or="" owner-occupied="" p="" related="" relatedmastics="" sf="" single="" tile="" wallboard="" work="">
residence does not have to be reported tomassdep. this exemption only applies if the owner is working exclusively on non-friableasbestos-containing material, does not cause it to become friable, and does the work himself/herself(does not engage a contractor). by “non-friableâ€, we mean material that when dry, cannot becrumbled, shattered, pulverized or reduced to powder by hand-pressure.aside from these limited notification exemptions, the notification requirements continue toapply as they always have in the past –that is - any activity that disturbs or removesany quantity of asbestos-containing material requires notification 10-working days priorto starting the job. regardless of whether a job qualifies forone of the new notification exemptions, all
asbestos abatement activities must be performedin a manner that is consistent with the applicable work practices specified in the regulation.generally speaking, applicable work practices for the materials that are now exempt fromnotification include the following: wetting work surfaces with amended water (whichmeans water with soap/surfactant added) to prevent generation of visible dustcarefully lowering roofing and siding shingles to the groundspreading tarp or plastic sheeting where debris may fall and cleaning up at end of each shiftproperly packaging waste material in leak-tight, sealed and labeled waste containersdisposing of waste material at a solid waste facility that has a “special waste†permitto accept asbestos waste.
material specific work practices:as i mentioned at the outset, one of the goals of the revised regulation was to provide greaterregulatory certainty by codifying established material specific work practices that werepreviously found either in policy or guidance. in this regard, new sections were added tothe regulation to address the following material-specific work practices:asphaltic roofing and siding materials window glazing and/or caulking compoundscement shingles, siding and panels floor tilegypsum wall-board and joint compound non-traditional asbestos abatement work practices:non-traditional asbestos abatement work practices were historically called alternative workpractices
this now requires a formal permit application(“application for non-traditional asbestos abatement work practice approval†bwp aq-36)and payment of a $600 fee, if applicable . post-abatement visual inspectionthe post-abatement visual inspection is a new requirement for all jobs that comes atthe end of the asbestos abatement activities. it ensures that no visible asbestos-containingdebris remains on any of the work surfaces. waste shipment record formsthe waste shipment record is another example where the revised regulation incorporatedan existing epa neshap requirement. all shipments of asbestos containing wastematerial (or “acwmâ€) must now be accompanied by a waste shipment record that conforms toa template posted on the massdep asbestos
website.record-keeping requirements the revised regulation requires that the owner/operatorkeep copies of the pre-reno/demo survey report and waste shipment record for at least 2 years.if massdep does a compliance inspection, the inspector is likely to ask to see these documentsand will rely on them, in part, to determine that the asbestos-containing materials wereproperly managed. i will now provide a few more details abouteach of these new regulatory requirements in the following slides.the requirement for a pre-reno/demo survey applies to any project with the potentialto disturb suspect asbestos-containing material. before disturbing the material, a dls-certifiedasbestos inspector must conduct a “thorough
inspection†– that is, to identify thepresence, location and quantity of any acm or suspect acm that contains asbestos in anyamount. what passes as a “thorough inspectionâ€could be one thing for a manufactured material where product content is fairly consistent(for example vat tile, asphalt roofing material, cement shingles/siding, etc.);but, it couldbe different for a material with inconsistent levels of asbestos content caused by contaminationwith naturally occurring asbestos minerals (such as vermiculite insulation) or hand-mixedcompounds (like plaster). in the former case: a limited number of randomsamples may suffice, but in the latter case: many more samplesmay be needed, particularly to target areas
where asbestos is likely to have accumulated.once enough samples have been collected, they will need to be analyzed by a qualified laboratorythat follows an approved analytical method, to find out definitively whether the materialcontains asbestos or not. the only analytical method recognized by massdep is the epa methodfor the determination of asbestos in bulk building materials which goes by the reportnumber epa/600/r-93/116. any suspect acm that is not sampled and analyzedmust be presumed to be acm, identified on the written survey report as acm, and managedas acm (i.e. it must be abated prior to demolition/renovation). the pre-demo/reno survey is the lynchpin ofcompliance for both the massdep and epa regulations. the survey provides valuable information::
it will determine whether notification tomassdep is required; it will determine whether you will need tofollow the applicable work practices to remove asbestos-containing material safely;;it will determine whether you will need to engage a licensed contractorit will help with sequencing project tasks ( by identifying which materials contain asbestosand need to be removed before your demolition or renovation can start);it provides a basisfor developing a waste management plan that can help you minimize volume and cost of materialthat needs to be disposed of as acwm; and, it provides the information you will needto comply with waste packaging, transportation and disposal requirements.to know whether you need to have a pre-reno/demo
survey done, you will need to know what materialsare suspect acm. asbestos-containing materials are found in most buildings, even those builtafter 1980after successfully enacting bans on the use of asbestos in several individualproducts in the 1980s, the u.s. epa adopted a regulation banning all asbestos-containingmaterials from use in commerce in 1989. however, this rule was struck down in 1991. while asbestosores are no longer mined or processed in the united states, thousands of products containingasbestos continue to be produced, imported, legally sold, and , commonly used in buildingconstruction and industrial applications. all this is to say that there remain many,perhaps thousands, of suspect materials on the market today.so contractors and homeowners doing renovation
or demolition activities need to be attentiveto the likelihood of coming across suspect asbestos-containing materials, no matter theage of the structure. broadly speaking, the definition of “suspect asbestos-containingmaterial†includes any product reasonably likely to contain asbestos based on its appearance,composition and use. this slide lists a few of the common types of suspect acm that canbe found in buildings. work on asbestos-containing asphalt roofingor siding requires notification to the massdep 10-working days before starting work.while roofing and siding workers need to be trained in accordance with osha requirements,there are no dls asbestos license or certification requirements for the workers performing thiswork, as long as the material remains non-friable.
the regulation specifies work practices formanaging asphalt roofing and siding that contain asbestos, to ensure that the asbestos isn’treleased into the air. these work practices include:isolating hvac ventilation intakes removing roofing material intact as much aspossible note that roofers can cut roofs into pieces,but where cutting machines are used: the machines must be equipped with hepa-vacattachments the cutting surface must be kept adequatelywet at all times and the cut pieces of roofing material mustbe carefully lowered to ground if all the specified work practices are strictlyfollowed, then:
waste roofing material can be bulk-loadedfor transport to the disposal facility without an n-t work practice approval.waste can be disposed at any landfill permitted to accept solid wasteif, on the other hand, the work causes the material to become friable, or causes therelease of asbestos dust, then the work becomes regulated by dls, requiring the use of licensedcontractors, workers trained and certified as asbestos supervisors and workers, adherenceto the full suite of asbestos work practices specified in the regulation, and packaging,transport and disposal of the waste roofing material as an acwm special waste.either way, asbestos-containing asphalt roofing material must never be sent to a c&d processorfor recycling, because these facilities grind
material they receive and the grinding operationwill almost certainly release asbestos fibers into the air.“non-traditional†work practices are required when it is unsafe to follow prescribed workpractices (for example it may be unsafe to build plastic containment near a fire hazard,or to keep facility components around live electrical equipment wet). this approval isreferred to as an “nt†approval. the nt approval now involves a formal permitapplication process (use the bwp aq-36 form on massdep’s web site) and a $600 fee (whereapplicable). the application must be accompanied by a proposal developed by a dls-certifiedasbestos project designer. nt permits are available only for six particularcircumstances:
1. for demolition of a facility under orderof a state or local government agency because the facility is structurally unsound;2. where acm or acwm was discovered after demolition began and, now cannot be safelyremoved with standard work practices; 3. for certain emergency renovation operations;4. for clean up and decontamination as a result of work that was not done properly or whenthere is a safety or public health hazard: 5. where wetting would damage equipment orpresent a safety hazard; or 6. when it is necessary to “bulk loadâ€acm and/or acwm the post-abatement visual inspection is requiredfor all asbestos abatement activities. the only exception is for the owner of an owner-occupiedsingle family residence who is working exclusively
on non-friable asbestos-containing material,does not cause the material to become friable, and does the work himself/herself (in otherwords – the homeowner does not engage a contractor)the purpose of this requirement is to ensure the job has been thoroughly completed andthere is no visible debris left behind on any of the work surfaces.the revised regulation specifies that the final visual inspection must be performedby a dls-certified asbestos project monitor. additionally, it must be performed beforeremoving any work area barriers and ventilation systems (if they were used). keeping the barriersand ventilation systems in place ensures that if any further cleaning is required, it canbe done safely.
the requirement to use a waste shipment recordform is another example where massdep regulations have been modified to better align with epa’sneshap requirements. the use of a wsr form that strictly complies with the template becameeffective january 1, 2015. a template for the wsr form can be found onthe massdep website at the url link shown on the slide. massdep will not provide forms.haulers and transportation companies can use the online template or they can create theirown form, but, at a minimum, it must contain all the information found on the template.the purpose of the wsr is to ensure that owners/operators track the transportation and disposal of acwmgenerated at their jobsites. if a completed wsr confirming proper disposal of acwm isnot received within 35 days, the owner/operator
must track down the shipment and notify massdepwithin 45 days if there are any discrepancies. fee increases for both the bwp aq-04 asbestosnotification form (anf-001) and the bwp aq-06 notification prior to construction/demolitionthat went from $85 to $100 became effective in august 2013. in july 2014, three new feeswere added: a $35 fee for revising the initial anf-001or the aq-06 forms (e.g. changing the project start or end date)a $200 fee for the bwp aq-05 blanket notification approval request,and a $600 fee for the ntwp approval request.  asbestos abatement jobs at properties owned by certain types of entities are exempt frommassdep fees. these include: municipalities,
(and municipal housing authorities), counties,districts of the commonwealth, federally recognized indian tribe housing authorities, the mbta,and owner-occupied residential property with 4 units or less.please note that 501(c)3 non-profit organizations, and private educational and health institutionsare not exempt from massdep fees. beginning in march 2015, massdep started to audit notificationsto ensure that all applicable fees are paid. anyone who claims fee-exempt status that doesnot appear to be eligible will be asked to provide supporting documentation or re-filewith proper payment. the asbestos project look-up tool is a usefulweb resource that anyone can use to see whether a notification has been filed for an abatementproject at any given address.
notifications filed through edep are addedto the look-up tool automatically. notifications filed on paper forms are addedto the database within a day or two of their receipt by massdep.the look-up tool can be accessed from the massdep website at the links listed on theslide. in massachusetts, material that contains anyamount of asbestos (even < 1%) is regulated. all materials that contain any amount of asbestosshould have been identified during the pre-reno/demo survey. acm identified by the survey needsto be abated before it is disturbed. material containing less than 1% asbestos doesn’tneed to be abated in accordance with work practices (and you don’t need to notifymassdep before the abatement starts), but
you will need to manage the waste materialcontaining less than 1% asbestos as acwm. if you remove it carefully and keep it separatedfrom your other non-asbestos construction or demolition waste, you can avoid contaminatingyour solid waste with asbestos, and can minimize the amount of material that has to be disposedof as acwm. one of the main objectives of proper asbestosmanagement during a reno/demo project is to prevent contamination of c&d debris by materialsthat contain any amount of asbestos. this is because a c&d processing facility usuallygrinds some of the material it receives, and can release asbestos fibers into the surroundingair and pose a health risk to facility workers and possibly to the general public as well.it is worth noting that c&d processors have
conditions in their operating permits thatprohibit them from accepting “acm†or “suspect acmâ€. if acm or suspect acm showsup in a load, the cost of managing the load as acwm will be passed on to the originalgenerator, and the massdep will be notified of the permit violation for further investigation.the massdep asbestos regulation requires that all acwm is managed in accordance with thespecified packaging, transportation, storage and disposal provisions. in simplest terms,material that contains asbestos in any amount (even < 1%):has to be segregated and properly managed during reno/demo projectit has to be packaged and labeled as acwm and, it has to be disposed as “special wasteâ€at a permitted solid waste management facility.
if you desire further detailed information,this slide provides links to relevant regulation and guidance documents.or, you can always call one of us on the massdep program staff with specific questions by phoneor email at the contact information listed on the slide;for information or help with filing asbestos forms, edep or the asbestos database, youcan submit you question by email to the bureau of air & waste edep mailbox, or you can callthe asbestos hotline. for questions about permits or complianceat a specific jobsite, feel free to contact one of the regional staff in the appropriatemassdep region for the town in which the project is located.if you’re not sure which region of massdep
your town is located in, you can click onthe “find your region†link. thank you for your attention during this overviewof the revised asbestos regulation. we hope this slide presentation was helpful, and wewelcome your feedback.
if after listening to this presentation, youhave further questions; my contact information is listed on the last slide. i welcome yourcomments and questions. after more than 10 years in the making, themassdep asbestos regulation has been revised. this represents the first major re-write in30 years or so. the basic legal structure hasn’t changed;there are two regulatory agencies in massachusetts – the massdep and the department of laborstandards (or dls), which together ensure the proper management of materials that containasbestos: massdep implements the state and federal cleanair act statutes to prevent releases of asbestos into the air, as well as to protect publichealth, safety and the environment, and
dls enforces state statutes with respect to:licensing of contractors qualified to work with asbestos, establishing safe work practicesand worker qualification requirements, and certifying competent laboratories that conductanalytical methods for asbestos. the overarching goals of the massdep asbestosregulation revisions enacted in june 2014 were to clarify definitions and regulatoryrequirements; incorporate policies that were previously outside the regulation; and betteralign the state program with the epa asbestos national emissions standards for hazardousair pollutants (or neshaps). it is also worth noting that the overlap withthe state sanitary code affords an opportunity for inter-agency cooperation with local boardsof health. state sanitary code requires owners
of residential buildings to repair or removedamaged asbestos containing materials in accordance with massdep and dls regulations.the massdep asbestos regulation focuses on renovation and demolition work involving materialsthat contain asbestos. the regulation’s two fundamental performancestandards for these activities have not changed. whenever you need to disturb asbestos-containingmaterial, you will still need to: prevent releases of asbestos fibers to theair (the so-called visible emission standard); andprotect public health, safety and the environment. the essential elements of the program remainunchanged. these elements reflect the typical life-cycle of an asbestos abatement project.notify massdep and dls before starting work.
notifications filed with massdep are sharedwith dls so you only need to notify once follow specified work practices when conductingthe abatement activities manage asbestos containing waste materialproperly please note: dls’s regulations have notchanged. in the next two slides, i will highlight afew of the new elements of the revised regulation. pre-reno/demo survey:while the requirement to conduct a pre-reno/demo survey is new to the massdep regulation, itis not new to this type of work. since 1990, epa’s asbestos neshap regulation has requireda “thorough inspection†before starting any demolition or renovation activities. thisinspection must identify all asbestos-containing
material in the area that will be disturbedby the planned work. massdep’s regulation describes who can conductthe “pre-reno/demo†surveys and what needs to be documented in a written survey report.notification exemption for small jobs: the revised regulation provides notificationexemptions for a limited universe of small jobs involving certain materials. specifically,the following threshold quantities apply: < 100 sf of asbestos-cement shingles, siding,panels <100 32="" addition="" an="" and="" asbestos-containingmaterial="" asbestos="" at="" certain="" family="" floor="" gypsum="" in="" jointcompound="" of="" on="" or="" owner-occupied="" p="" related="" relatedmastics="" sf="" single="" tile="" wallboard="" work="">
residence does not have to be reported tomassdep. this exemption only applies if the owner is working exclusively on non-friableasbestos-containing material, does not cause it to become friable, and does the work himself/herself(does not engage a contractor). by “non-friableâ€, we mean material that when dry, cannot becrumbled, shattered, pulverized or reduced to powder by hand-pressure.aside from these limited notification exemptions, the notification requirements continue toapply as they always have in the past –that is - any activity that disturbs or removesany quantity of asbestos-containing material requires notification 10-working days priorto starting the job. regardless of whether a job qualifies forone of the new notification exemptions, all
asbestos abatement activities must be performedin a manner that is consistent with the applicable work practices specified in the regulation.generally speaking, applicable work practices for the materials that are now exempt fromnotification include the following: wetting work surfaces with amended water (whichmeans water with soap/surfactant added) to prevent generation of visible dustcarefully lowering roofing and siding shingles to the groundspreading tarp or plastic sheeting where debris may fall and cleaning up at end of each shiftproperly packaging waste material in leak-tight, sealed and labeled waste containersdisposing of waste material at a solid waste facility that has a “special waste†permitto accept asbestos waste.
material specific work practices:as i mentioned at the outset, one of the goals of the revised regulation was to provide greaterregulatory certainty by codifying established material specific work practices that werepreviously found either in policy or guidance. in this regard, new sections were added tothe regulation to address the following material-specific work practices:asphaltic roofing and siding materials window glazing and/or caulking compoundscement shingles, siding and panels floor tilegypsum wall-board and joint compound non-traditional asbestos abatement work practices:non-traditional asbestos abatement work practices were historically called alternative workpractices
this now requires a formal permit application(“application for non-traditional asbestos abatement work practice approval†bwp aq-36)and payment of a $600 fee, if applicable . post-abatement visual inspectionthe post-abatement visual inspection is a new requirement for all jobs that comes atthe end of the asbestos abatement activities. it ensures that no visible asbestos-containingdebris remains on any of the work surfaces. waste shipment record formsthe waste shipment record is another example where the revised regulation incorporatedan existing epa neshap requirement. all shipments of asbestos containing wastematerial (or “acwmâ€) must now be accompanied by a waste shipment record that conforms toa template posted on the massdep asbestos
website.record-keeping requirements the revised regulation requires that the owner/operatorkeep copies of the pre-reno/demo survey report and waste shipment record for at least 2 years.if massdep does a compliance inspection, the inspector is likely to ask to see these documentsand will rely on them, in part, to determine that the asbestos-containing materials wereproperly managed. i will now provide a few more details abouteach of these new regulatory requirements in the following slides.the requirement for a pre-reno/demo survey applies to any project with the potentialto disturb suspect asbestos-containing material. before disturbing the material, a dls-certifiedasbestos inspector must conduct a “thorough
inspection†– that is, to identify thepresence, location and quantity of any acm or suspect acm that contains asbestos in anyamount. what passes as a “thorough inspectionâ€could be one thing for a manufactured material where product content is fairly consistent(for example vat tile, asphalt roofing material, cement shingles/siding, etc.);but, it couldbe different for a material with inconsistent levels of asbestos content caused by contaminationwith naturally occurring asbestos minerals (such as vermiculite insulation) or hand-mixedcompounds (like plaster). in the former case: a limited number of randomsamples may suffice, but in the latter case: many more samplesmay be needed, particularly to target areas
where asbestos is likely to have accumulated.once enough samples have been collected, they will need to be analyzed by a qualified laboratorythat follows an approved analytical method, to find out definitively whether the materialcontains asbestos or not. the only analytical method recognized by massdep is the epa methodfor the determination of asbestos in bulk building materials which goes by the reportnumber epa/600/r-93/116. any suspect acm that is not sampled and analyzedmust be presumed to be acm, identified on the written survey report as acm, and managedas acm (i.e. it must be abated prior to demolition/renovation). the pre-demo/reno survey is the lynchpin ofcompliance for both the massdep and epa regulations. the survey provides valuable information::
it will determine whether notification tomassdep is required; it will determine whether you will need tofollow the applicable work practices to remove asbestos-containing material safely;;it will determine whether you will need to engage a licensed contractorit will help with sequencing project tasks ( by identifying which materials contain asbestosand need to be removed before your demolition or renovation can start);it provides a basisfor developing a waste management plan that can help you minimize volume and cost of materialthat needs to be disposed of as acwm; and, it provides the information you will needto comply with waste packaging, transportation and disposal requirements.to know whether you need to have a pre-reno/demo
survey done, you will need to know what materialsare suspect acm. asbestos-containing materials are found in most buildings, even those builtafter 1980after successfully enacting bans on the use of asbestos in several individualproducts in the 1980s, the u.s. epa adopted a regulation banning all asbestos-containingmaterials from use in commerce in 1989. however, this rule was struck down in 1991. while asbestosores are no longer mined or processed in the united states, thousands of products containingasbestos continue to be produced, imported, legally sold, and , commonly used in buildingconstruction and industrial applications. all this is to say that there remain many,perhaps thousands, of suspect materials on the market today.so contractors and homeowners doing renovation
or demolition activities need to be attentiveto the likelihood of coming across suspect asbestos-containing materials, no matter theage of the structure. broadly speaking, the definition of “suspect asbestos-containingmaterial†includes any product reasonably likely to contain asbestos based on its appearance,composition and use. this slide lists a few of the common types of suspect acm that canbe found in buildings. work on asbestos-containing asphalt roofingor siding requires notification to the massdep 10-working days before starting work.while roofing and siding workers need to be trained in accordance with osha requirements,there are no dls asbestos license or certification requirements for the workers performing thiswork, as long as the material remains non-friable.
the regulation specifies work practices formanaging asphalt roofing and siding that contain asbestos, to ensure that the asbestos isn’treleased into the air. these work practices include:isolating hvac ventilation intakes removing roofing material intact as much aspossible note that roofers can cut roofs into pieces,but where cutting machines are used: the machines must be equipped with hepa-vacattachments the cutting surface must be kept adequatelywet at all times and the cut pieces of roofing material mustbe carefully lowered to ground if all the specified work practices are strictlyfollowed, then:
waste roofing material can be bulk-loadedfor transport to the disposal facility without an n-t work practice approval.waste can be disposed at any landfill permitted to accept solid wasteif, on the other hand, the work causes the material to become friable, or causes therelease of asbestos dust, then the work becomes regulated by dls, requiring the use of licensedcontractors, workers trained and certified as asbestos supervisors and workers, adherenceto the full suite of asbestos work practices specified in the regulation, and packaging,transport and disposal of the waste roofing material as an acwm special waste.either way, asbestos-containing asphalt roofing material must never be sent to a c&d processorfor recycling, because these facilities grind
material they receive and the grinding operationwill almost certainly release asbestos fibers into the air.“non-traditional†work practices are required when it is unsafe to follow prescribed workpractices (for example it may be unsafe to build plastic containment near a fire hazard,or to keep facility components around live electrical equipment wet). this approval isreferred to as an “nt†approval. the nt approval now involves a formal permitapplication process (use the bwp aq-36 form on massdep’s web site) and a $600 fee (whereapplicable). the application must be accompanied by a proposal developed by a dls-certifiedasbestos project designer. nt permits are available only for six particularcircumstances:
1. for demolition of a facility under orderof a state or local government agency because the facility is structurally unsound;2. where acm or acwm was discovered after demolition began and, now cannot be safelyremoved with standard work practices; 3. for certain emergency renovation operations;4. for clean up and decontamination as a result of work that was not done properly or whenthere is a safety or public health hazard: 5. where wetting would damage equipment orpresent a safety hazard; or 6. when it is necessary to “bulk loadâ€acm and/or acwm the post-abatement visual inspection is requiredfor all asbestos abatement activities. the only exception is for the owner of an owner-occupiedsingle family residence who is working exclusively
on non-friable asbestos-containing material,does not cause the material to become friable, and does the work himself/herself (in otherwords – the homeowner does not engage a contractor)the purpose of this requirement is to ensure the job has been thoroughly completed andthere is no visible debris left behind on any of the work surfaces.the revised regulation specifies that the final visual inspection must be performedby a dls-certified asbestos project monitor. additionally, it must be performed beforeremoving any work area barriers and ventilation systems (if they were used). keeping the barriersand ventilation systems in place ensures that if any further cleaning is required, it canbe done safely.
the requirement to use a waste shipment recordform is another example where massdep regulations have been modified to better align with epa’sneshap requirements. the use of a wsr form that strictly complies with the template becameeffective january 1, 2015. a template for the wsr form can be found onthe massdep website at the url link shown on the slide. massdep will not provide forms.haulers and transportation companies can use the online template or they can create theirown form, but, at a minimum, it must contain all the information found on the template.the purpose of the wsr is to ensure that owners/operators track the transportation and disposal of acwmgenerated at their jobsites. if a completed wsr confirming proper disposal of acwm isnot received within 35 days, the owner/operator
must track down the shipment and notify massdepwithin 45 days if there are any discrepancies. fee increases for both the bwp aq-04 asbestosnotification form (anf-001) and the bwp aq-06 notification prior to construction/demolitionthat went from $85 to $100 became effective in august 2013. in july 2014, three new feeswere added: a $35 fee for revising the initial anf-001or the aq-06 forms (e.g. changing the project start or end date)a $200 fee for the bwp aq-05 blanket notification approval request,and a $600 fee for the ntwp approval request.  asbestos abatement jobs at properties owned by certain types of entities are exempt frommassdep fees. these include: municipalities,
(and municipal housing authorities), counties,districts of the commonwealth, federally recognized indian tribe housing authorities, the mbta,and owner-occupied residential property with 4 units or less.please note that 501(c)3 non-profit organizations, and private educational and health institutionsare not exempt from massdep fees. beginning in march 2015, massdep started to audit notificationsto ensure that all applicable fees are paid. anyone who claims fee-exempt status that doesnot appear to be eligible will be asked to provide supporting documentation or re-filewith proper payment. the asbestos project look-up tool is a usefulweb resource that anyone can use to see whether a notification has been filed for an abatementproject at any given address.
notifications filed through edep are addedto the look-up tool automatically. notifications filed on paper forms are addedto the database within a day or two of their receipt by massdep.the look-up tool can be accessed from the massdep website at the links listed on theslide. in massachusetts, material that contains anyamount of asbestos (even < 1%) is regulated. all materials that contain any amount of asbestosshould have been identified during the pre-reno/demo survey. acm identified by the survey needsto be abated before it is disturbed. material containing less than 1% asbestos doesn’tneed to be abated in accordance with work practices (and you don’t need to notifymassdep before the abatement starts), but
you will need to manage the waste materialcontaining less than 1% asbestos as acwm. if you remove it carefully and keep it separatedfrom your other non-asbestos construction or demolition waste, you can avoid contaminatingyour solid waste with asbestos, and can minimize the amount of material that has to be disposedof as acwm. one of the main objectives of proper asbestosmanagement during a reno/demo project is to prevent contamination of c&d debris by materialsthat contain any amount of asbestos. this is because a c&d processing facility usuallygrinds some of the material it receives, and can release asbestos fibers into the surroundingair and pose a health risk to facility workers and possibly to the general public as well.it is worth noting that c&d processors have
conditions in their operating permits thatprohibit them from accepting “acm†or “suspect acmâ€. if acm or suspect acm showsup in a load, the cost of managing the load as acwm will be passed on to the originalgenerator, and the massdep will be notified of the permit violation for further investigation.the massdep asbestos regulation requires that all acwm is managed in accordance with thespecified packaging, transportation, storage and disposal provisions. in simplest terms,material that contains asbestos in any amount (even < 1%):has to be segregated and properly managed during reno/demo projectit has to be packaged and labeled as acwm and, it has to be disposed as “special wasteâ€at a permitted solid waste management facility.
if you desire further detailed information,this slide provides links to relevant regulation and guidance documents.or, you can always call one of us on the massdep program staff with specific questions by phoneor email at the contact information listed on the slide;for information or help with filing asbestos forms, edep or the asbestos database, youcan submit you question by email to the bureau of air & waste edep mailbox, or you can callthe asbestos hotline. for questions about permits or complianceat a specific jobsite, feel free to contact one of the regional staff in the appropriatemassdep region for the town in which the project is located.if you’re not sure which region of massdep
your town is located in, you can click onthe “find your region†link. thank you for your attention during this overviewof the revised asbestos regulation. we hope this slide presentation was helpful, and wewelcome your feedback.
No comments:
Post a Comment