(A) Each owner or operator of a demolition or renovation operation to whom this rule applies shall comply with the following procedures:
(1) Remove all regulated asbestos-containing material from a facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the materials or preclude access to the materials for subsequent removal. However, regulated asbestos-containing material need not be removed before demolition, except in accordance with paragraph (E) of this rule, if:
(a) It is category I nonfriable asbestos-containing material that is not in poor condition and is not friable.
(b) It is on facility components that are encased in concrete or other similarly hard material, and the asbestos-containing materials are adequately wet whenever exposed during demolition.
(c) 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. If not removed for safety reasons, the exposed regulated asbestos-containing material and any asbestos-contaminated debris must be treated as asbestos-containing waste material and adequately wet at all times until disposed of.
(d) It is category II nonfriable asbestos-containing material, and the probability is low the material will become crumbled, pulverized, or reduced to powder during demolition.
(2) When a facility component covered with, coated with or containing regulated asbestos-containing material is being taken out of the facility as units or in sections:
(a) Adequately wet all regulated asbestos-containing material exposed during cutting or disjointing operations; and
(b) Carefully lower the units or sections to the floor and to ground level not dropping, throwing, sliding or otherwise damaging or disturbing the regulated asbestos-containing material.
(3) Adequately wet regulated asbestos-containing materials when they are being stripped from facility components. In renovation operations, wetting that would unavoidably damage equipment or cause an unreasonable safety hazard, is not required if the following conditions are met:
(a) The owner or operator submits a written request to Ohio EPA no less than thirty days prior to the starting date of such operations, asking the director to determine whether wetting to comply with this rule would unavoidably damage equipment or present an unreasonable safety hazard, and supplies the director with adequate information to make this determination; and
(b) The director issues a written determination that equipment damage or an unreasonable safety hazard would be unavoidable; and
(c) The owner or operator uses alternative emission controls in accordance with the terms of the determination. At a minimum the owner or operator shall use one of the following:
(i) A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos materials produced by the stripping and removal of friable asbestos material. The system shall exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in rule 3745-20-12 of the Administrative Code.
(ii) A glove-bag system designed and operated to contain the particulate asbestos material produced by the stripping of the asbestos materials.
(iii) Leak-tight wrapping to contain all regulated asbestos-containing material prior to dismantlement.
(d) In renovation operations where wetting would result in equipment damage or a safety hazard, and the methods allowed in paragraph (A)(3)(c) of this rule cannot be used, an alternate method may be used after obtaining written approval from the director based upon a determination that it is equivalent to wetting in controlling emissions. Requests for alternative emission control methods shall be submitted concurrently with the request contained in paragraph (A)(3)(a) of this rule.
(e) A copy of the director's written determination shall be displayed at the worksite during the renovation operation.
(4) After a facility component covered with, coated with or containing regulated asbestos-containing material has been taken out of the facility as a unit or in sections, pursuant to paragraph (A)(2) of this rule, except as provided in paragraph (A)(5) of this rule, either:
(a) Adequately wet the regulated asbestos-containing material during stripping; or
(b) During stripping, use a local exhaust ventilation and collection system operated to capture the particulate asbestos material produced by the stripping. The system must exhibit no visible emissions to the outside air or must be designed and operated in accordance with the requirements in rule 3745-20-12 of the Administrative Code; or
(c) Encase the regulated asbestos-containing material on the component with a suitable leak-tight container in accordance with rule 3745-20-05 of the Administrative Code. Regulated asbestos-containing material, contained in leak-tight wrapping, that has been removed in accordance with this paragraph need not be wetted.
(5) For large facility components such as reactor vessels, large tanks, and steam generators, but not beams (which must be handled in accordance with paragraphs (A)(2), (A)(3), and (A)(4) of this rule), the regulated asbestos-containing material is not required to be stripped if all of the following requirements are met:
(a) The component is removed, stored, transported, and either disposed of or reused without disturbing or damaging the regulated asbestos-containing material.
(b) The component is encased in a leak-tight wrapping.
(c) The leak-tight wrapping is labeled according to paragraph (D) of rule 3745-20-05 of the Administrative Code. Regulated asbestos-containing material, contained in leak-tight wrapping, that has been removed in accordance with this paragraph need not be wetted.
(6) For all regulated asbestos-containing material including material that has been removed or stripped:
(a) Adequately wet the materials and ensure that the materials remain adequately wet until collected and contained or treated in preparation for disposal in accordance with rule 3745-20-05 of the Administrative Code; and
(b) Carefully lower the materials to the ground or floor not dropping, throwing, sliding or otherwise damaging or disturbing the material;
(c) Transport the materials to the ground via leak-tight chutes, HEPA equipped vacuum transport system, or in leak-tight containers if the materials have been removed or stripped more than fifty feet above ground level and were not removed as units or in sections.
(7) When the temperature at the point of wetting is below thirty-two degrees Fahrenheit:
(a) Comply with paragraphs (A)(4) and (A)(6) of this rule. The owner or operator need not comply with the other wetting requirements of this rule; and
(b) Use a local exhaust ventilation and collection system designed and operated to capture the particulate asbestos materials produced by the stripping and removal of friable asbestos material. The system shall exhibit no visible emissions; and
(c) Remove facility components coated or covered with regulated asbestos-containing material as units or sections to the maximum extent possible.
(d) During periods when wetting operations are suspended due to freezing temperatures, the owner or operator shall record the temperature in the area containing the facility components at the beginning, middle, and end of each operating day and keep daily temperature records available for inspection by the director or the director's representative during normal business hours at the demolition or renovation site. The owner or operator shall retain the temperature records for at least two years.
(B) No regulated asbestos-containing material shall be stripped, removed, or otherwise handled or disturbed at a facility regulated by this chapter unless all of the following provisions are met:
(1) At least one authorized representative, trained in the provisions of this chapter and the means of complying with them, is present at the location of operations.
(2) The training required in paragraph (B)(1) of this rule shall include, as a minimum, adequate training in the provisions of this chapter for:
(b) Applicability (including facility inspection, asbestos material identification and classification);
(c) Notifications (including contents, delivery requirements and requirements to revise notices);
(d) Emission control procedures for removals (including, adequate wetting, encapsulation, removal of facility components in units or sections, minimizing drop height, waste collection, local exhaust collection and ventilation systems, HEPA filters, negative pressure enclosures and glove-bag procedures);
(e) Waste disposal work practices (including at least wetting, containers, container labeling, vehicle marking, waste shipment records and transport requirements, waste disposal site requirements);
(f) Reporting and record keeping; and
(g) Asbestos hazards and worker protection.
(3) Every two years, the trained on-site authorized representative shall receive refresher training in the provisions of this chapter.
(4) Evidence that the required training has been completed shall be posted and made available for inspection by the director or the director's representative at the demolition or renovation site.
(C) Each owner or operator of any demolition or renovation operation, shall ensure all regulated asbestos-containing materials which have been damaged or made friable by demolition, renovation or adjacent stripping operations are repaired, encapsulated, or removed for disposal in accordance with rule 3745-20-05 of the Administrative Code, prior to the removal of emission controls.
(D) For emergency demolition operations, adequately wet the portion of the facility that contains regulated asbestos-containing material during the wrecking operation and ensure that the materials remain adequately wet until collected for disposal in accordance with rule 3745-20-05 of the Administrative Code.
(E) If a facility is demolished by intentional burning, or if demolition debris is to be burned, all regulated asbestos-containing material including category I and category II nonfriable asbestos-containing material must be removed in accordance with this chapter before burning.
R.C. 119.032 review dates: 11/30/2011 and 11/30/2016
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 5/29/90, 11/18/02, 2/25/04, 2/2/07