| (8) In a facility that is not a public or commercial
building, the survey must conform to 40 CFR §61.145. OSHA regulations
or other EPA regulations may apply.
(e) Asbestos survey.
(1) A limited asbestos survey may be performed to address
a specific area of a building, such as an area identified for renovation.
A limited asbestos survey may not be substituted for a thorough asbestos
survey of the entire building.
(2) A comprehensive asbestos survey covering the entire
building is required before demolition of a building.
(3) An asbestos survey report remains acceptable if
the asbestos survey is done in compliance with the applicable law,
including the Texas Asbestos Health Protection rules in effect at
the time the asbestos survey is completed and the asbestos survey
addresses and accurately represents ACM and ACBM, as applicable, for
the building affected by the planned renovation, demolition, or O&M
activity, including its location, type, and condition.
(4) An environmental assessment report may not be used
as an asbestos survey report unless it is conducted by an appropriately
accredited or licensed person and contains all of the required elements
of an asbestos survey report, as applicable.
(f) Sampling for asbestos in a public building. A licensed
asbestos inspector must perform an asbestos survey in accordance with
generally accepted standards, such as the methods described in 40
CFR §§763.85 - 763.88. The survey and survey report must
identify, including its location, type, and condition, all ACBM that
is found to be ACM. To assess the presence of ACBM and determine the
need for any O&M activity or abatement, the licensed asbestos
inspector must collect a minimum of three samples from each homogeneous
area. The samples must be evaluated by a licensed asbestos laboratory.
If one sample from a homogeneous area is found to be ACM, the remaining
samples from that homogeneous area do not have to be analyzed. Building
materials that have not been surveyed as required in this subsection
and are suspected of containing asbestos must be treated as ACBM.
(1) When conducting core sample analysis, each layer
must be analyzed and reported separately. Core sample analysis in
a public building must not be reported as an average or a composite
result.
(2) A result of visual estimation by polarized light
microscopy (PLM) analysis of 0% asbestos or no asbestos detected does
not require further analysis for the detection of asbestos in friable
or nonfriable suspect materials.
(3) Point counting may be used to analyze either a
friable or nonfriable material. Nonfriable materials, such as mastics
and floor tile where fibers are occluded by a binding matrix must
be processed using a technique that renders the material friable,
such as acid washing and ashing outlined in EPA/600/R-93/116.
(4) A result of visual estimation by PLM analysis of
greater than 0% and less than 10% asbestos may be demonstrated to
be material that is not ACBM only if the material is further analyzed
using other analysis based upon the hierarchy and terms of the following:
(A) The result of point counting by PLM analysis of
a sample supersedes and replaces the initial result of visual estimation
by PLM.
(B) The result of gravimetric preparation, followed
by point counting or transmission electron microscopy (TEM) visual
estimation analysis of a sample, supersedes and replaces the result
of visual estimation by PLM and the result of point counting by PLM.
(g) Conditions requiring mandatory abatement. Before
any renovation or dismantling of a public building, commercial building,
or facility, including preparations for partial or complete demolition,
the building owner must have ACBM abated, as required in this section.
(1) Demolition or renovation of a public building.
Before performing any demolition in a public building, the building
owner must ensure that all suspect ACBM is surveyed and RACM is abated
in accordance with NESHAP and as required in this chapter. Before
performing any renovation in a public building, the building owner
must ensure that all suspect ACBM that could foreseeably be disturbed
in the area to be renovated is surveyed and ACBM is abated, as required
in this chapter.
(2) Demolition or renovation of a commercial building.
Before performing any demolition, renovation, or O&M activity
in a commercial building, the owner or operator must ensure that all
suspect ACBM is surveyed and RACM is abated in accordance with NESHAP
by a person accredited, as required §296.151 of this chapter
(relating to Accreditation for Asbestos-Related Activities in a Commercial
Building) and in accordance with the MAP.
(3) Demolition or renovation of a facility. Before
performing any demolition, renovation, or O&M activity in a facility,
the owner or operator must ensure that all suspect ACM is surveyed
and RACM is abated in accordance with NESHAP. Any structure, installation,
or building that was previously subject to NESHAP is not excluded,
regardless of its current use or function.
(4) Demolition or renovation of a residential building
that contains four or fewer dwelling units.
(A) Two or more residential buildings that contain
four or fewer dwelling units are considered an installation and are
subject to NESHAP if they are on the same site and under the control
of the same owner or operator or owner or operator under common control
as part of the same renovation or demolition project. Residential
buildings are considered to be on the same site if they are within
660 feet of each other. Demolitions planned at the same time or as
part of the same planning or scheduling period, that is often a calendar
year, fiscal year, or the term of a contract, are considered to be
part of the same project. Each owner or operator of the residential
buildings must ensure that all suspect ACM is surveyed and RACM is
abated in accordance with NESHAP.
(B) A residential building that is being demolished
together with any other type of building as part of a larger private
or public project, such as an urban renewal, shopping mall, or highway
construction project is subject to NESHAP and each owner or operator
must ensure that all suspect ACM in the residential building, as well
as in the other building types, is surveyed and RACM is abated in
accordance with NESHAP. If one residential building that contains
four or fewer dwelling units is the only building being demolished,
NESHAP regulations do not apply.
(C) Any renovation or demolition of a residential building
is subject to NESHAP if the residence contains greater than four dwelling
units or if it meets the conditions described in subparagraphs (A)
or (B) of this paragraph.
(h) Demolition with ACM left in place.
(1) Category I nonfriable ACM may be left in place
if it is not in poor condition, has not become friable, and will not
become RACM during demolition.
(2) Category II nonfriable ACM may be left in place
if the probability is low that the material will become RACM, or be
crumbled, pulverized, or reduced to a powder during demolition.
(3) RACM on a facility component that is encased in
concrete or other similarly hard material and is adequately wet whenever
exposed during demolition may be left in place.
(4) RACM that is not accessible for testing and is,
therefore, not discovered until after demolition begins and, because
of the demolition the material, cannot be safely removed may be left
in place. If not removed for safety reasons, the exposed RACM and
any asbestos-contaminated debris must be treated as ACWM and adequately
wet at all times until disposed of.
(i) Mandatory asbestos abatement project design for
friable ACBM in a public building. An asbestos abatement project design
is required and must be conducted by a licensed asbestos consultant
for a project that involves any of the following activities:
(1) a response action other than an SSSD activity;
(2) a maintenance activity that disturbs friable ACBM
other than an SSSD activity or a small project or repetitive task
described in §296.233 of this chapter (relating to Alternative
Asbestos Practices and Procedures for Small Projects and Repetitive
Tasks in a Public Building); or
(3) a response action for a major fiber release episode.
(j) Asbestos abatement project design for friable ACM
in a commercial building. An asbestos abatement project design for
a response action in a commercial building must be conducted by a
person appropriately accredited to conduct a project design in accordance
with AHERA.
(k) Mandatory asbestos abatement project design for
nonfriable ACBM in a public building.
(1) An asbestos abatement project design is required
and must be conducted by a licensed asbestos consultant for an abatement
project in a public building that has a combined amount of nonfriable
ACBM to be removed in excess of 160 square feet of surface area, 260
linear feet of pipe length, or 35 cubic feet of material.
Cont'd... |
