REGULATORY OVERVIEW

OSHAOSHA

•OSHA 29 CFR 1926.1101OSHA 29 CFR 1926.1101

•OSHA 29 CFR 1910.1001OSHA 29 CFR 1910.1001

•RESPIRATORY PROTECTION 29 CFR 1910.134RESPIRATORY PROTECTION 29 CFR 1910.134

EPAEPA

•NESHAP 40 CFR 61, Subpart MNESHAP 40 CFR 61, Subpart M

•AHERA 40 CFR 763, Subpart EAHERA 40 CFR 763, Subpart E

•WORKER PROTECTION 40 CFR 763, Subpart GWORKER PROTECTION 40 CFR 763, Subpart G

•ASHARA (Model Accreditation Plan)ASHARA (Model Accreditation Plan)

FEDERAL ASBESTOS FEDERAL ASBESTOS REGULATIONSREGULATIONS

OSHA 29 CFR 1926.1101OSHA 29 CFR 1926.1101

NESHAP 40 CFR 61, Subpart MNESHAP 40 CFR 61, Subpart M

AHERA 40 CFR 763, Subpart EAHERA 40 CFR 763, Subpart E •AHERA 40 CFR 763, Subpart EAHERA 40 CFR 763, Subpart E

SCOPE OF FEDERAL REGULATIONS

OSHA: Work Site Procedures For Worker Protection

NESHAP: Waste Generation and Management

AHERA: Identification and Management in Buildings

MAP: Certification of Persons

SCOPE & APPLICABILITY OF

•Applies wherever a worker works who may be exposed to asbestos

� Requires employers to protect employees

� The building owner is an employer

� A notification regulation for building owners

� A specification regulation for contractors

�Generally applies even when EPA does not

OSHA

OSHA DOES NOT REQUIRE THE WORK TO BE DONE, BUT REGULATES THE WORK PROCEDURES IF AN EMPLOYEE DISTURBS OR CONTACTS ASBESTOS. OSHA GIVES US WORK PRACTICES!

CLASSES OF WORK DEFINITIONS

Class I Work The removal of TSI, fireproofing or popcorn

Class II Work The removal of anything else

Class III Work The small scale, short duration disturbance of ACM

Class IV Work Contact, but no disturbance, or cleanup of previously generated debris

CLASSES OF WORK APPLICATION

Class I Work Requires NPE, shower decon, full PPE, certified people, air

monitoring, NEA

Class II Work No initial NPE, NEA exemptions for shower decon, PPE, certified

workers, air monitoring. One day training.

Class III Work Requires PPE for TSI & Surfacing, NEA exemptions for all other ACM. Two day training. SS, SD only.

Class IV Work Requires NEA, all exemptions allowed, 2 hour training required.

SCOPE & APPLICABILITY OF

Applies to all facilities except single residential buildings having 4 living units or less.

� Requires controlled removal of RACM about to be disturbed by DEMOLITION or RENOVATION

� Requires prior notification to EPA

� Requires proper management thru & after disposal

� No visible emissions

NESHAP

REQUIRES A THOROUGH INSPECTION BEFORE DISTURBANCE

NESHAP REQUIRES CONTROLLED REMOVAL OF ASBESTOS, BY REGULATING THE GENERATION, MANAGEMENT AND DISPOSAL OF THE WASTE. NESHAP IS ASBESTOS WASTE MANAGEMENT!

Applicability (a)61.145 Standard for Demolition and Renovation

(a) Applicability. To determine which requirements of paragraphs (a), (b) and (c) of this section apply to the owner or operator of a demolition or renovation activity and 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.

(a) Applicability

(b) Notification Requirements

(c) Procedures for Asbestos Emission Control

Definitions (cont.)

a) Friable asbestos containing material

b) Category I nonfriable ACM that has become friable

c) Category I nonfriable ACM that will be or has been

subjected to sanding, grinding, cutting or abrading

d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations

Regulated Asbestos Containing Material (RACM)

e) EPA says that the material is RACM

Definitions (cont.)

Category I nonfriable ACM: asbestos-containing packings, gaskets, resilient floor covering and asphalt roofing products containing more than 1% asbestos. IN GOOD CONDITION.

Category II nonfriable ACM: any material, excluding Category I nonfriable ACM, containing more than 1% asbestos that when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure. IN GOOD CONDITION.

Rule of Thumb: a material would not be Category I or II non-friableACM if it cannot be removed without significant breakage

(i.e. rendered friable). The material would be RACM.

Nonfriable ACM Categories

SCOPE & APPLICABILITY OF

Applies in schools

Requires identification of all ACBM

Requires safe management of ACBM

Industry standards for identification & management

Contains the Model Accreditation Plan (appendix C)

AHERA

AHERA TELLS US WHAT IS ASBESTOS AND WHAT IS NOT, AND REQUIRES THAT ACBM BE MANAGED SAFELY IN OCCUPIED SCHOOL BUILDINGS. AHERA DOES NOT REQUIRE REMOVAL !

MAJOR OBJECTIVES OF AHERA

•IDENTIFICATION OF ALL ACBM

•EVALUATION OF HAZARDS

•SAFE MANAGEMENT OF ACBM

AHERA FACILITIESAHERA FACILITIES

SCHOOLS

•KINDERGARTEN - 12

•PUBLIC AND PRIVATE

•NOT FOR PROFIT

AHERA CONCEPTS USED AHERA CONCEPTS USED UNIVERSALLYUNIVERSALLY

•ACCREDITATION

•ASBESTOS INSPECTION PROTOCOL

•NVLAP CERTIFIED LABORATORIES

•RESPONSE ACTIONS

•O & M PROGRAMS

•FORMAL PROJECT DESIGN

•FINAL CLEARANCE.

SCOPE & APPLICABILITY OF MAPMAP•Applies in all buildings except residential housing through

10 units

The Model Accreditation Plan is an EPA regulation that came out of AHERA, and as such, it applies to Response

Actions (friable abatement), inside buildings.

� Requires certification of inspectors

� Requires certification of persons who design or conduct response actions:

Project Designers

Contractor/Supervisors

Workers

� Requires certified specifications

SCOPE of the MAP

� Requires accreditation of training curriculums.

� Requires certification of people who design and conduct response actions.

� Requires certification of asbestos inspectors.

DEFINITIONS

• RESPONSE ACTION: A response to

•Friable ACM

•Inside the building

•Bigger than SS/SD

Application of the MAP

When addressing a Response Action, the following is required:

•Formal specs done by a certified Project Designer

•Contractor/Supervisor certification of the competent person

•Worker certification of all workers