ASBESTOS REGULATIONS A Brief Overview BASIC REGULATIONS SINCE

ASBESTOS REGULATIONS A Brief Overview

BASIC REGULATIONS SINCE 1994, WE HAVE 4 BASIC REGULATIONS THAT WORK TOGETHER TO ACCOMPLISH THE CONGRESSIONAL INTENT OF ASBESTOS MANAGEMENT IN BUILDINGS: 1. AHERA (Identification & Management in Buildings) 2. NESHAP (Required removal & Disposal of Waste) 3. MAP (Certified People & Specifications) 4. OSHA (Worker Protection) (1, 2, & 3 are EPA rules for the protection of the public & the environment, and 4 is OSHA protection of workers from exposure at construction sites)

The 4 Major Asbestos regulations Each of these regulations is a different federal regulation with it’s own agenda. They say things differently, and require different compliance because of this. They complement each other, and are NEVER in conflict. If they appear to be in conflict, you should research each one and correct your perception. If not, you run the risk of being in non-compliance with one or more of them. In the following discussion, refer back to slide 3 as needed.

The 4 Major Asbestos regulations AHERA is an EPA regulation found at www. epa. gov. It’s address as a regulation is 40 CFR 763, subpart E. AHERA is about using an occupied building safely in the presence of asbestos containing materials(ACM). AHERA is the only federal regulation that tells us how to do an asbestos inspection, and how to prove that suspect materials are not ACM (>1% asbestos). All other EPA rules refer to AHERA for this protocol. AHERA also addresses the concept of operations and maintenance of ACM in a building and an asbestos management plan for a building or a site. AHERA applies by law to schools K-12, but is guidance for all occupied buildings.

The 4 Major Asbestos regulations The Model Accreditation Plan (MAP), also known as ASHARA, is found at www. epa. gov. It’s regulatory address is 40 CFR 763, subpart E, Appendix C. The MAP extends the AHERA accreditation requirements for people who inspect for asbestos, and who design and conduct response actions to all buildings in the U. S. except residential through 10 units. All houses are exempt. The Map defines the accredited training programs that states now use to certify Building Inspectors, Project Designers, Contractor Supervisors and Workers (and Management Planners under AHERA). The certified training is required for “response action”, or “high risk” (friable or TSI) asbestos work in the interior portions of occupied buildings.

The 4 Major Asbestos regulations NESHAP is also found at www. epa. gov. It’s address is 40 CFR 61, subpart M. Where AHERA and the MAP are about using the interior portions of occupied buildings safely, NESHAP is actually about doing asbestos abatement activities with required controls for the protection of the public and the environment. NESHAP regulates demolition and renovation activities (large work). NESHAP requires a thorough inspection for ACM before work, and on the basis of that inspection, regulates notification to an agency, procedures for ACM removal and waste disposal. NESHAP is the most important asbestos regulation for building owners, as it may have the effect of doubling the cost of demolition or renovation of a facility building.

The 4 Major Asbestos regulations The OSHA asbestos standard for the construction industry (simply OSHA throughout this course of study), is found at www. osha. gov. It’s address is 29 CFR 1926. 1101. OSHA is about actually doing asbestos abatement work. OSHA regulates all asbestos work for the protection of the employee (worker). OSHA applicability is simply an employee and the presence of asbestos in the work place. OSHA is the most important regulation of these 4 for any contractor or employer. OSHA gives us required work procedures with asbestos. All contractors who work in the built environment are asbestos contractors, whether they know it or not, and must comply with this regulation.

The 4 Major Asbestos regulations All of these regulations were written with the concept of regulating and protecting people from the “high risk” asbestos materials in construction. Regardless of the terminology used in the various regulations, they all focus mainly on the high risk materials that represent the greatest hazard, and perhaps to a lesser degree on low risk materials. NESHAP and the MAP regulate only the high risk ACM materials. OSHA and AHERA regulate the high risk materials work at a much higher level of required procedures than the lower risk materials. As the next slide illustrates, the high risk materials are materials that are “friable” or “non-intact” and Thermal System Insulation (TSI). These are always the focus of regulation under all of these 4 major regulations.

“HIGH RISK”: TSI & Friable ACM EPA: NESHAP: “RACM” AHERA: “Response Action” MAP: “Response Action” OSHA: Construction Asbestos Standard: “Class I Material” “PACM” “Surfacing ACM” “TSI ACM” The words are different; The meaning is the same.

REGULATORY “RULE OF THUMB”: WHEN ACM IS DISTURBED AHERA may or may not apply. NESHAP may or may not apply. But: OSHA WILL ALWAYS APPLY!

SCOPE & APPLICABILITY OF AHERA TELLS US WHAT IS ACM AND WHAT IS NOT, AND REQUIRES SAFE MANAGEMENT OF ACM IN BUILDINGS. AHERA DOES NOT REQUIRE REMOVAL ! x Applies in schools x Requires identification of all ACBM x Requires safe management of ACBM x Industry standards for inspections & O&M x. Contains the Model Accreditation Plan (appendix C)

WHAT’S HAPPENING WITH AHERA Federal EPA stopped funding enforcement of AHERA in 2013. It is now up to the schools to comply with the federal laws and regulations, even if there is no local enforcement program. However, if asbestos related work is planned or conducted in a school, OSHA and the NESHAP still apply and are enforced.

SCOPE & APPLICABILITY OF MAP 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. • Applies in all buildings except individual residential through 10 units. Exempts all houses. Requires certification of inspectors Requires certification of persons who design or conduct response actions: Project Designers Contractor/Supervisors Workers

WHAT’S HAPPENING WITH MAP When ACM is made friable during work other than normal maintenance inside any building except houses, certified workers are required, along with certified supervisors. This applies to dry out, restoration, normal remodels, etc. Asbestos inspections must be by AHERA certified Inspectors.

SCOPE & APPLICABILITY OF NESHAP THE ASBESTOS NESHAP REQUIRES CONTROLED REMOVAL OF ASBESTOS BEFORE DEMO OR RENOVATION, THEN REGULATES THE GENERATION, MANAGEMENT AND DISPOSAL OF THE WASTE. NESHAP IS ASBESTOS WASTE MANAGEMENT! Applies to all facilities except a single property with one residential building having 4 living units or less. REQUIRES A THOROUGH INSPECTION BEFORE DEMOLITION OR RENOVATION � Requires 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

WHAT’S HAPPENING WITH NESHAP Current rulings/interpretations on floor tile & mastic. Current rulings/interpretations on “Facility”. Current rulings on vermiculite. Current rulings on concrete slabs & demolition. Your supervisor should be up to date on these rulings. The federal and local regulations are actively enforced at the state and local level.

SCOPE & APPLICABILITY OF OSHA DOES NOT REQUIRE WORK TO BE DONE, BUT REGULATES THE WORK PROCEDURES IF AN EMPLOYER DOES ASBESTOS WORK. OSHA GIVES US WORK PRACTICES! • 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 �

WHAT’S HAPPENING WITH OSHA This OSHA regulation is primary to protecting your health & safety when working with Asbestos Containing Materials (ACM). It is your most important regulation. All other regulations discussed are for the protection of the public and the environment.

Thank you for your attention. If you have questions, please contact us: bill@theasbestosinstitute. com dale@theasbestosinstitute. com j@theasbestosinstitute. com