1. (a) The owner or operator shall submit any request for an alternative procedure to an asbestos abatement requirement specified in Env-A 1807 through Env-A 1810, Env-A 1811, Env-A 1812.01 and Env-A 1812.02 as follows:

   1. (1) Complete a request for a waiver containing the information required in Env-A 1820.03(a)(1) through Env-A 1820.03(a)(7);

   2. (2) Submit the request as follows:

      1. a. If the requirement is specified in 40 CFR 61.145, then submit to both EPA Region I and the department; and
      2. b. If the requirement is not specified in 40 CFR 61.145, then submit only to the department; and
   3. (3) Follow the requirements in (c) and (e), below.

2. (b) The department shall not approve an alternative procedure for control of emissions from an asbestos abatement activity unless:

   1. (1) The EPA approves the request in writing or notifies the department in writing that the requested procedure does not need to be approved by the EPA; and
   2. (2) The criteria specified in (d), below, are met.

3. (c) After obtaining a written approval or waiver from the EPA and at least 10 days in advance of the proposed starting date for an alternative abatement procedure, the owner or operator shall submit the following to the department to use the alternative procedure:

   1. (1) The notification form as specified in Env-A 1806.02 and the fee as specified in Env-A 1806.08;
   2. (2) Attach such additional information as is necessary to identify the unique aspects of the asbestos abatement that led to the request; and
   3. (3) Attach a detailed explanation of how the alternative procedure will be used.

4. (d) The department shall approve the alternative procedure if:

   1. (1) The alternative procedure provides an equivalent or greater measure of control of asbestos fiber release than the procedure required by these rules; or
   2. (2) Using the alternative procedure creates an equivalent or lower potential hazard to life, health, and property than using the procedures required by these rules.
5. (e) No work using an alternative procedure shall begin without the written approval or abstention of EPA Region I, for requests pursuant to (a)(2)a., and the department.

Source. (See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34