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Asbestos NESHAP Inspection and Safety Procedures Course

Chapter 1Background Information

Version 2012.1

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Regulatory Overview

• Federal regulatory agencies

• Federal legislation history

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Federal Regulatory Agencies

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Federal Legislation

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Clean Air Act

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Demolition & Renovation

• Major requirements

– Notification before disturbance

– Work practices including how to address

visible emissions

– Waste handling

– Waste disposal

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Toxic Substances Control Act

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Asbestos in Schools Rule (1982)

• Inspect; “friable” potential asbestos-containing materials (ACM, >1%)

• Laboratory analysis of samples• Notifications• Recordkeeping

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Asbestos Hazard Emergency Response Act (1986)

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Asbestos-Containing Materials in Schools Rule (1987)

• AHERA – public/private K-12 schools• Requires:

– Inspections; friable and non-friable asbestos-containing building materials (ACBM)

– Management plans– Response actions– Re-inspections – 3 year; periodic surveillance– Notifications

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Model Accreditation Plan (1987)

• Referred to as the “MAP”• Initial training and annual refreshers• Five disciplines

– Inspector– Management planner– Project designer– Supervisor (contractor)– Worker

• Many states also instituted licensing requirements

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Model Accreditation Plan Interim Final Rule (1994)

• Clarified applicability• Increased number of required hours of

training• Added definitions and recordkeeping

requirements• Specified deadlines for states, course

providers, and individuals

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Additional MAP Components Interim Final Rule (1994)

• Training distinctions for five disciplines• New project designer topics• New enforcement criteria and Federal

procedures for withdrawing approval• Persons• Programs

• New training certificate requirements

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Worker Protection Rule (2000)

• Referred to as “WPR”• State & local (city/county) employees• Provides asbestos-related OSHA

protection (general and construction standards)

• Construction, custodial, automotive (brake/clutch repair)

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Asbestos Ban and Phase-out Rule (1989)

• Promulgated in 1989• Overturned by the 5th Circuit Court in 1991• Multi-stage approach

– Manufacture, import, processing and distribution in commerce ban

• Many in the public have the impression this rule passed and that ACM was banned long ago. Not true!

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Asbestos NESHAP ACM Bans

• 1973 – Spray and trowel-applied fireproofing• 1975 – Wet applied and pre-formed pipe, boiler

and tank insulation; acoustical• 1978 – Decorative uses• Also: 1977 – CPSC banned wallboard patching

compounds (spackling, tape) and asbestos embers

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Commonly Used Asbestos Products

• Most commonly used ACM products in the US currently:– Roofing materials (mainly flashing & cements)– Gaskets– Friction products

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Other marketed asbestos products

• Asbestos-cement products• Asbestos clothing• Pipeline wrap (typically asphaltic)• Flooring materials• Caulks/putties/mastics (glues)

• On rare occasions banned materials like pipe insulation are imported and installed

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Asbestos School Hazard Abatement Act (1984)

• Referred to as “ASHAA”

• Grants and loans

• Information and distribution

• Training institutes

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Asbestos School Hazard Abatement Re-authorization Act (1990)

• Referred to as “ASHARA”• Grants and loans• MAP revisions

– Training required for asbestos-related work in public, commercial and industrial buildings• Inspector, Project Designer, Supervisor, Worker• Management planner training remained an AHERA

issue

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Asbestos Information Act (1988)

• Required former and current

manufacturers to submit product

information to EPA

• 1990 EPA published info

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Resource Conservation & Recovery Act (1976)

• Referred to as “RCRA”

• Cradle-to-grave management of waste

• Facility siting

• Landfill operations

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Comprehensive Environmental Response, Compensation,

and Liability Act (1980)

• Referred to as “CERCLA” or “Superfund”

• Reportable Quantity (RQ) = 1 pound

• National Response Center

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Safe Drinking Water Act (1974)

• Established to help prevent the possibility of injury due to ingestion of asbestos from water supplies

• Standard – 7 million fibers/liter

Asbestos cement drinking water line

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Questions?