Each owner or operator of any RACM demolitions or any renovation impacting at least eighty linear meters (80 m) (two hundred sixty linear feet [260’]) of RACM on pipes or at least fifteen square meters (15 m²) (one hundred sixty square feet [160 ft²]) of RACM on other facility components, or at least one cubic meter (1 m³) (thirty-five cubic feet [35 ft³]) of RACM where the length could not be measured previously shall comply with the following work procedures:

1. (1)

   1. (A) Generally, the owner or operator of a demolition, renovation, or response action to whom this rule applies shall remove all RACM from a facility before the facility is demolished or renovated or any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal.
   2. (B) If a facility is demolished by intentional burning, all RACM including Category I and Category II nonfriable ACM must be removed in accordance with this part before burning;

2. (2) The owner or operator need not remove ACM before demolition if:

   1. (A) It is Category I nonfriable ACM that is:

      1. (i) Not in poor condition; and
      2. (ii) Not friable;

   2. (B) It is on a facility component that is:

      1. (i) Encased in concrete or other similarly hard material; and
      2. (ii) Adequately wetted whenever exposed during demolition;

   3. (C)

      1. (i) It was not accessible for testing and was, therefore, not discovered until after demolition began and, as a result of the demolition, the material cannot be safely removed.
      2. (ii) If not removed for safety reasons, the exposed RACM and any asbestos-contaminated debris must be treated as asbestos-containing waste material and adequately wetted at all times until disposed; or
   4. (D) It is Category II nonfriable asbestos-containing material and the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition;
3. (3) The owner or operator shall ensure that no RACM will be stripped, removed, or otherwise handled or disturbed at a facility regulated by this section unless one (1) contractor/supervisor who is trained and meets all certification requirements of this rule is present during all such activities;

4. (4) When a facility component that contains, is covered with, or is coated with RACM is taken out of a facility as a unit or in sections, the owner or operator shall:

   1. (A) Ensure that the RACM is adequately wetted when exposed during cutting and disjointing operations; and
   2. (B) Carefully lower each unit or section to the floor and to ground level, not dropping, throwing, sliding, or otherwise damaging or disturbing the RACM;
5. (5) When RACM is stripped from a facility component while it remains in place in the facility, the owner or operator shall adequately wet the RACM during the stripping operation;

6. (6) In renovation operations, wetting is not required if:

   1. (A) The owner or operator has obtained prior written approval from the Director of the Division of Environmental Quality or his or her designee based upon a written application that such wetting to comply with this part would unavoidably damage equipment or present a safety hazard; and

   2. (B) The owner or operator uses one (1) of the following emission control methods:

      1. (i)

         1. (a) (a) A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials.
         2. (b) (b) The system must exhibit no visible emissions to the outside air.
      2. (c) (c) The owner or operator may alternatively use air cleaning and shall, for fabric filter collection devices installed after January 10, 1989, provide for easy inspection for faulty bags.
      3. (d)
7. (1) (d)(1) After January 10, 1989, if the use of a fabric filter creates a fire or explosion hazard, or the director determines a fabric filter is not feasible, the director may authorize as a substitute the use of wet collectors designed to operate with a unit contacting energy of at least nine and ninety-five hundredths kilopascals (9.95 kPa) (or forty inches [40”] water gage pressure), or use a HEPA filter that is certified to be at least ninety-nine and ninety-seven hundredths percent (99.97%) efficient for three-tenths (0.3) micron particles.
8. (2) (2) The director may authorize the use of filtering equipment other than described in this subdivision (6) if the owner or operator demonstrates to the director’s satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material.

9. (3) (3) A copy of any authorization from the director must be retained at the site;

   1. (ii) A glovebag system designed and operated to contain particulate asbestos material produced by the stripping of the asbestos materials; or

      1. (iii) Leak-tight wrapping to contain all RACM prior to dismantlement; and

10. (7)

    1. (A) The owner or operator shall cause clearance air monitoring to be conducted inside containment after the completion of any renovation, demolition, or asbestos response action involving RACM for which containment was utilized and which involved projects at least eighty linear meters (80 m) (two hundred sixty linear feet [260’]) on pipes, or at least fifteen square meters (15 m²) (one hundred sixty square feet [160 ft²]), or at least one cubic meter (1 m³) (thirty-five cubic feet [35 ft³]), where the length could not be measured previously.

    2. (B) The owner or operator shall cause such sampling to be conducted by a person who:

       1. (i) Has met the certification requirements of this rule for the air monitor discipline as provided in this rule; and
       2. (ii) Is not an employee of the licensed asbestos firm conducting the demolition, renovation, or asbestos activities.
    3. (C) The owner or operator shall cause sample analysis to be conducted by a laboratory which, for PCM analysis, uses NIOSH Method 7400 and for TEM analysis, the laboratory must be approved by the National Institute of Standards Technology (NIST), National Voluntary Laboratory Accreditation Program (NVLAP).

    4. (D)

       1. (i)

          1. (a) (a) The owner or operator shall cause aggressive air sampling to be conducted after removal and cleanup activities for which containment was utilized have been completed to determine the final clearance level.
          2. (b) (b) Aggressive sampling results indicate an air fiber count of one hundredths fibers per cubic centimeter (0.01 f/cc) or less when using PCM; or
       2. (c) (c) If TEM is used, an arithmetic mean of less than or equal to seventy structures per square millimeter (70 s/mm²), or a Z-test result that is less than or equal to one and sixty-five hundredths (1.65).

       3. (ii)

          1. (a) (a) If the aggressive air sampling analysis reveals an airborne fiber count greater than one hundredths fibers per cubic centimeter (0.01 f/cc), or seventy structures per square millimeter (70 s/mm²), or Z-test of one and sixty-five hundredths (1.65), then the area shall be cleaned again, followed by additional aggressive air sampling.
          2. (b) (b) This process shall continue until the required air level has been achieved.
    5. (E) Aggressive clearance sample collection shall be done in accordance with the requirements of 40 C.F.R. pt. 763, subpt. E, app. A in effect on June 19, 1995.

Codification Notes: “NIOSH” means the National Institute for Occupational Safety and Health. "PCM" means phase contrast microscopy. "RACM" means regulated asbestos-containing material. "TEM" means transmission electron microscopy.