Document Yj2dMNr0j94jL6JDJLo3xb45y
HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:39 (January 1993). Subchapter K. Reserved Subchapter L. Reserved Subchapter M. Asbestos (5151. Emission Standard Tor Asbestos
A. Applicability. The provisions of this Subchapter are applicable to those sources specified in Subsections C through 0 of this Section.
8. Definitions. Terms used in this Section are defined in LAC 33:111.111 of these regulations with the exception of those terms specifically defined in LAC 33:111.5103 or below, as follows:
Accredited or Accreditation--when referring to a person, the accreditation of such person by the Department of Environmental Quality under the provisions of LAC 33:lII.Chapter 27, Appendix A-Agent Accreditation Plan.
Active Waste Disposal Size--any disposal site other than an inactive site. Adequately Wet--sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestoscontaining material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet. Once contained, water droplets formed inside disposal containers will be sufficient evidence of being adequately wet. Asbestos--the esbestiform varieties of serpentinite (cbrysotile), riebeckite (crocidolite), cusuningtonite-grunerite, anthophyllite, and actinolite-tremolite. Asbestos-containing Waste Material (ACWMj--mU tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this Subchapter. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos, including disposable equipment and clothing. Asbestos Material--asbestos or any material or product which contains more than one percent asbestos.
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Asbestos Mill--any facility engaged is converting, or in any intermediate step in converting, asbestos ore into commercial asbestos. Outside storage of asbestos material is not considered a part of the asbestos mill.
Asbestos Tailing--any solid waste product that contains asbestos and is a product of asbestos mining or milling operations.
Category / Nonfriable Asbestos-containing Material (ACM) --asbestoscontaining packings, gaskets, resilient floor covering and asphalt roofing products containing more than one percent asbestos as determined by using the method specified in Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy.
Category // Nonfriable ACM--any material, excluding Category I nonfriable ACM, containing more than one percent asbestos as determined by using the method specified in Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Commercial Asbestos--any material containing asbestos that is extracted from asbestos ore and has value because of its asbestos content.
Cutting--to penetrate with a sharp-edged instrument, including sawing, but not including shearing, slicing, or punching.
Demolition--the wrecking or taking out of any load- supporting structural member of a facility together with any related handling operations or the intentional burning of any facility.
DEQ Identification Number--the accreditation number supplied by the administrative authority which authorizes a contractor/supervisor to manage an asbestos demolition or renovation project which involves RACM (regulated asbestos-containing material).
Emergency Demolition/Renovation Operation--a demolition or renovation operation that was not planned but results from a sudden unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment.
Encapsulation--the treatment of asbestos material with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers by the encapsulant creating a membrane over the surface (bridging encapsulate) or penetrating the material and binding its components together (penetrating encapsulant).
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Enclosure--aa airtight, impermeable, permanent barrier around ACBM to prevent the release of asbestos fibers into the air.
Fabricating--any processing (e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating.
Facility--any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this Subchapter is not excluded, regardless of its current use or Auction.
Facility Component--any part of a facility, including equipment.
Friable Asbestos Material--any material containing more than one percent asbestos as determined by using the method specified in Appendix A, Subpart F, 40 CFR, Part 763, Section 1, Polarized Light Microscopy that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM, or an equivalent EPA approved estimation technique, or assume the amount to be greater than one percent and treat the material as asbestos-containing material.
Fugitive Source--any source of emissions not controlled by an air pollution control device.
Clove Bag--a sealed compartment with attached inner gloves used for the handling of asbestos-containing materials. Properly installed and used, glove bags provide a small work ares enclosure typically used for small-scale asbestos stripping operations:
a. they are limited to one use on a work area or section of pipe that is shorter than the bag is wide;
b. the bag shall be disposed of after its single use;
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c. no person shall loosen a bag once insulted, slide the bag along a working surface or section of pipe and use the bag for a second work area or section of pipe;
d. any deviation from single use of a glove bag requires prior written approval of the administrative authority. Additional information on glove bag insUllation, equipment and supplies, and work practices can be obtained from the Occupational Safety and Health Administration's (OSHA's) final rule on occupational exposure to asbestos (29 CFR 1926.58, Appendix G).
Grinding--to reduce to powder or small fragments, including mechanical
chipping or drilling.
..
High Efficiency Particulate Air (HEPA) Filter--a filtering system certified by the manufacturer as being capable of trapping and reuining at least 99.97 percent of all monodispersed particles 0.3 microns in diameter or larger.
In Poor Condition--the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material.
Inactive Waste Disposal Site--any disposal site or portion of it where additional asbestos-conuining waste material has not been deposited within the past year.
Inspection or Inspect--an examination of a facility or facility component to determine the presence or location, or to assess the condition of friable or non*friable asbestos material, or suspected asbestos material, whether by visual or physical examination, or by collecting samples of such material. This term includes reinspections of assumed asbestos material and friable and non*friable asbestos material which has been previously identified. The term does not include the follcwing:
a. periodic surveillance of the type described in LAC 33:111.2721 .B solely for the purpose of recording or reporting a change in the condition of known or assumed asbestos material;
b. inspections performed by employees or agents of federal, state, or local government solely for the purpose of determining compliance with applicable statutes or regulations; or
c. visual inspections of the type described in LAC 33:111.2717.1 solely for the puipose of determining completion of response actions.
Installation--any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control).
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Leak-tight--solids or liquids cannot escape or spill out. It also means dust-tight.
Major Fiber Release Episode--any uncontrolled or unintentional disturbance of asbestos material which involves the falling or dislodging of more than three square or three linear feet of friable asbestos material.
Malfunction--any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner so that emissions of asbestos are increased. Failures of equipment shall not be considered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable upset conditions, equipment breakdown, or process failure.
Manufacturing--the combining of commercial asbestos (in the case of woven friction products, the combining of textiles containing commercial asbestos) with any other material(s), including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing.
Natural Barrier--a natural object that. effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes, or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier.
Nonfriable Asbestos-containing Material--any material containing more than one percent asbestos as determined by using the method specified in Appendix A, Subpart F, 40 CFR Pan 763, Section 1, Polarized Light Microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Nonscheduled Operation--any individual asbestos renovation and/or demolition operation necessitated solely by the need for the repair or maintenance of facility components, and involves a total of less than one cubic yard of RACM per operation. An operation cannot be artificially sub-divided into severe] smaller operations for the purpose of meeting the less-thin-one* cubic-yard requirement to be considered a nonscheduled operation. Annual notification is required for such an operation as described in Subsection F.l.d.i of this Section.
Operations and Maintenance (0&M)--a program of work practices to fMlnfin friable asbestos material in good condition, ensure cleanup of asbestos fibers previously released, and prevent further release by minimizing and controlling the disturbance or damage of friable asbestos material.
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Outside Air--the air outside buildings, structures, or enclosures, including, but not limited to, the air under a bridge, in an open air ferry dock, or air outside demolition or renovation construction activities or enclosures.
Owner or Operator of a Demolition or Renovation Activity--any person wbo owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both.
Particulate Asbestos Material--finely divided particles of asbestos or material containing asbestos.
Planned Operation--a demolition and/or renovation operation, or a number of such operations, in which RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience.
Recognized Disposal Site--a waste disposal site which has been approved or permitted by the Solid Waste Division of the Department of Environmental Quality, and recognized by the Air Quality Division of the Department of Environmental Quality.
jK Regulated Asbestos~containing Material (RACM)--
a. Friable asbestos material;
b. Category I nonfrisble ACM that has become friable;
c. Category I nonfrisble ACM that will be or has been subjected to sanding, grinding, cutting, or abrading; or
d. Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this Subchapter.
Remove--to take out RACM or facility components that contain or are covered with RACM from any facility.
Renovation--altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component that is to be returned or remain in place. Operations in which load-supporting structural members are wrecked or taken out are demolitions.
Resilient Floor Covering--asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than one percent asbestos as determined by using polarized light microscopy according
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to the method specified in Appendix A, Subpart F, 40 CFR, Part 763, Section 1, Polarized Light Microscopy.
Response Action--a method, including removal, encapsulation, enclosure, repair, and operations and maintenance activities, that protects human health and the environment from friable asbestos material.
Roadways--surfices on which vehicles travel. This term includes public and private highways, roads, streets, parking areas, and driveways.
Small-scale, Short-duration (SSSD) Activities--tasks that involve less than or equal to three square feet or three linear feet of asbestos material.
State Buildings building owned or leased by the state of Louisiana.
Strip--to take off RACM from any part of a facility or facility components.
Structural Member--any load-supporting member of a facility such as beams and load-supporting walls; or any nonload-supporting member, such as ceilings, roofs and nonload- supporting walls.
Visible Emissions--any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor.
Waste From Asbestos Control Devices--any waste material that is placed or collected in asbestos control equipment.
Waste Generator--any owner or operator of a source covered by this Subchapter whose act or process produces asbestos-containing waste material.
Waste Shipment Record--the shipping document (Asbestos Disposal Verification Form, ADVF), required to be originated and signed by the waste generator or the owner or operator of a demolition or renovation activity, used to track and substantiate the disposition of asbestos-containing waste material.
Working Day--Monday through Friday, including holidays that fall on any of the days Monday through Friday.
C. Standard for Asbestos Mills
1. Each owner or operator of an asbestos mill shall either discharge no visible emissions to the outside air from that asbestos mill, including fugitive sources, or use the methods specified in Subsection 0 of this Section to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.
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2. Each owner or operator of an asbestos mill shall meet the following requirements:
a. Monitor each potential source of asbestos emissions from any part of the mill facility, including air cleaning devices, process equipment, and buildings that house equipment for material processing and handling, at least once each day, during daylight hours, for visible emissions to the outside air during periods of operation. The monitoring shall be by visual observation of at least 15-seconds duration per source of emissions.
b. Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunction, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, boles, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this Subparagraph, submit to the administrative authority, and revise as necessary, a written maintenance plan to include, at a minimum, the foilcaving:
i. maintenance schedule; and
ii. recordkeeping plan.
c. Maintain records of the results of visible emissions monitoring and air cleaning device inspections using a format similar to the Inspection and Monitoring Record Form, AAC-6, and include the follcnving:
i. date and time of each inspection;
ii. presence or absence of visible emissions;
iii. condition of fabric filters, including presence of any tears, holes and abrasions;
iv. presence of dust deposits on clean side of fabric filters;
v. brief description of any corrective actions taken, including date and time; and
vi. daily hours of operation for each air cleaning device.
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Dele of inflection (mo/dqr/yr)
Inspection and Moniiorinf Record Form
Time of inspection (e.m./p.m.)
Air eleaninf device or fufitivt eouree designation or number
Vuible cmiitioiu observed (yes/no), eomclivc tciion taken
AAC*d
Daily operating
houn
Inspector's initial!
Figure 1. Record of Visible Emission Monitoring
Page 1
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2. Date of inspection
3. Tune of inspection
4. Is air cleaning device operating properly (yes/no)
5. Tears, holes, or abrasions
in fabric filter
(yes/no)
_________ ______________________________
6. Dust on clean side of fabric filters (yes/no) __________________ ____________________
7. Other signs of malfunctions or potential malfunctions (yes/no)
8. Describe other malfunctions or signs of potential malfunctions.
9. Describe corrective action(s) taken.
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d. Furnish upon request, and make available at the affected facility during normal business hours for inspection by a representative of the administrative authority, all records required under this Subsection.
e. Retain a copy of all monitoring and inspection records for at least two years.
f. Submit quarterly a copy of visible emission monitoring records to the administrative authority if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter.
D. Standard for Roadways. No person shall construct or maintain a roadway with asbestos tailings or asbestos-containing waste material on that roadway, unless, for asbestos tailings:
1. It is a temporary roadway on an area of asbestos ore deposits (asbestos mine); or
2. It is a temporary roadway at an active asbestos mill cite and is encapsulated with a resinous or bituminous binder. The encapsulated road surface must be maintained at a minimum frequency of once per year to prevent dust emissions; or
3. It is encapsulated in asphalt concrete meeting the specifications contained in section 401 of Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-85, 1985, or their equivalent.
E. Standard for Manufacturing and Fabricating
1. There shall be no visible emissions to the outside air from any of the following operations that use commercial asbestos or from any building or structure in which such operations are conducted, or from any other fugitive sources:
a. the manufacture of cloth, cord, wicks, tubing, tape, twine, rope, thread, yam, roving, lap, or other textile materials;
b. the manufacture and fabrication of cement products;
c. the manufacture of fireproofing and insulating materials;
d. the manufacture and fabrication of friction products, except those operations that primarily install asbestos friction materials on motor vehicles;
e. the manufacture of paper, millboard, and felt;
f. the manufacture of floor tile;
g. the manufacture of paints, coatings, caulks, adhesives, and sealants;
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h. the manufacture of plastics and rubber materials;
i. the manufacture of chlorine utilizing asbestos diaphragm technology;
j. the manufacture of shotgun shell wads;
k. the manufacture of asphalt concrete; and
l. the fabrication of cement or silicate board for ventilation hoods, ovens, electrical panels, laboratory furniture, bulkheads, partitions and ceilings for marine construction, and flow control devices for the molten metal industry.
2. Use the methods specified by Subsection O of this Section to clean emissions from these operations containing particulate asbestos material before they escape to, or are vented to, the outside air.
3. Monitor each potential source of asbestos emissions from any part of the manufacturing or fabricating facility, including air cleaning devices, process equipment, and buildings housing material processing and handling equipment, at least once each day during daylight hours for visible emissions to the outside air during periods of operation. The monitoring shall be visual observation of at least 15 seconds duration per source of emissions.
4. Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this Paragraph, submit to the administrative authority, and revise as necessary, a written maintenance plan to include, at a minimum, the following:
a. maintenance schedule; and
b. recordkeeping plan.
5. Maintain records of the results of visible emission monitoring and air cleaning device inspections using the format similar to the Inspection and Monitoring Record Form, AAC-6, and include the following:
a. date and time of each inspection;
b. presence or absence of visible emissions;
c. condition of fabric filters, including presence of any tears, holes and abrasions;
d. presence of dust deposits on clean side of fabric filters;
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e. brief description of corrective actions taken, including date and time; and
f. daily hours of operation for each air cleaning device.
6. Furnish upon request, and make available at the affected facility during normal business hours for inspection by the administrative authority, all records required under this Subsection.
7. Retain a copy of all monitoring and inspection records for at least two years.
.8 Submit quarterly a copy of the visible emission monitoring records to
the administrative authority if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the 30th day follcaving the end of the calendar quarter.
F. Emission Standard for Demolition and Renovation
1. Applicability. To determine which requirements of Subsection F.l, 2 and 3 of this Section apply to the owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM. The requirements of Subsection F.2 and 3 of this Section apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows:
a. In a facility being demolished, all the requirements of Subsection F.2 and 3 of this Section apply, except as provided in Subsection F.I.c of this Section, if RACM is present.
b. In a facility being demolished, only the notification requirements of Subsection F.2.a, b, c.i, c.iv, d.i through vii, d.ix, and d.xvi of this Section apply, if RACM is present as Category 1 in good condition, or if RACM is not present.
c. If the facility is being demolished under an order of a state or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, only the requirements of Subsection F.2.a, b, c.iii, d (except Subsection F.2.d.viii), e, and 3.d through i of this Section apply.
d. In a facility being renovated, including any individual nonscheduled renovation operation, all the requirements of Subsection F.2 and 3 of this Section apply if RACM is to be stripped, removed, dislodged, cut, drilled, or similarly disturbed, and:
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i. Subsection F.l.d of this Section applies to planned renovation operations involving individual nonscheduled operations of less than one cubic yard by predicting the combined additive amount of RACM to be removed or stripped during a calendar year ofJanuary 1 through December 31 based on past operating experience.
ii. Subsection F.l.d of this Section applies to emergency renovation operations of an estimated amount of RACM to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation.
e. Owners or operators of demolition and renovation operations are ` exempt from the requirements of LAC 33:111.5105.A, 5109.E, 5111.A and
5113. A.
f. An individual or company contracted to perform a demolition or renovation activity which disturbs RACM must be recognized by the Licensing Board for Contractors to perform asbestos abatement, and shall meet the requirements of Subsection F.2 and 3 of this Section for each demolition or renovation activity. The supplying of regulated personnel on an hourly, monthly, or other time basis to another company is considered contracting, (ie. abatement workers, supervisors, air monitoring, or project monitoring personnel.
g. If the activities are an emergency demolition/ renovation operation, all the requirements of Subsection F.2.d, e, f, and 3 of this Section apply,
2. Notification requirements. Each owner or operator of a demolition or renovation activity to which this Subsection applies shall:
a. Provide the administrative authority with typed notice of intention to demolish or renovate using the latest version of Form AAC-2, Notification of Demolition and Renovation. Delivery of the notice by U.S. Postal Service, commercial delivery service, or hand delivery is acceptable. The use of a prior version of the AAC-2 form is acceptable unless the department has previously provided the owner or operator with a copy of the current version, or the owner or operator is aware of the latest version.
b. Update notice (AAC-2), as necessary, including when the amount of asbestos affected changes by at least 20 percent.
c. Postmark or deliver the notice as follows:
i. at least 10 working days before asbestos stripping or removal work or any other activity begins (such as site preparation that would break up, dislodge, or similarly disturb asbestos material), if the operation is described in Subsection F.l.a and d (except Subsection F.l.d.i and ii) of this Section. If the
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operation is as described in Subsection F.l.b of this Section, notification is inquired 10 working days before demolition begins.
ii. at least 10 working days before the end of the calendar year preceding the year for which notice is being given for renovations described in Subsection F.l.d.i of this Section.
iii. as early as possible before, but not later than the folleaving working day, if the operation is a demolition ordered according to Subsection F.l.c of this Section, or if the operation is a renovation described in Subsection F.l.d.ii of this Section.
iv. for asbestos stripping or removal work in a demolition or renovation operation, described in Subsection F.l.a and d (except F.l.d.i and ii) of this Section, and for a demolition described in Subsection F.l.b of this Section, that will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the DEQ regional office responsible for inspecting the project site as follows:
(a), when the asbestos stripping or removal operation or demolition operation covered by this Subsection will begin after the date contained in the notice (AAC-2):
(i). notify the DEQ regional office responsible for inspecting the project site of the new start date by telephone as soon as possible before the original start date; and
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(ii). provide the administrative authority with a written notice of the new start date as soon as possible before, and no later than, the original start date. Delivery of the updated notice by U.S. Postal Service, commercial delivery service, or hand delivery is acceptable.
(b) . when the asbestos stripping or removal operation or demolition operation covered by this Subsection will begin on a date earlier than die original start date:
(i) . provide the administrative authority with a written notice of the sew start date at least 10 working days before asbestos stripping or removal work begins;
(ii) . for demolitions covered by Subsection F.l.b of this Section, provide the administrative authority written notice of a new start date at least 10 working days before commencement of demolition. Delivery of die updated notice by U.S. Postal Service, commercial delivery service, or hand delivery is acceptable.
(c) . in no event shall an operation covered by this Subsection begin on a date other than the date contained in the written notice (AAC-2) of the new start date.
d. Include the follcwing in the notice:
i. an indication of whether the notice is the original notification or a revised notification;
ii. name, address, and telephone number of both the facility owner and operator and the asbestos removal contractor owner or operator, and the DEQ identification number assigned by the administrative authority;
iii. type of operation: demolition or renovation;
iv. description of the facility or affected part of the facility including the size (square meters, square feet and number of floors), age, and present and prior use of the facility;
v. procedure, including analytical methods, employed to detect the presence of RACM and Category I and Category H nonfriable ACM;
vi. estimate of the approximate amount of RACM to be removed from the facility in terms of length of pipe in linear meters (linear feet), surface area in square meters (square feet) on other facility components, or volume in cubic meters (cubic feet) if off the facility components. Also, estimate the approximate amount of Category I and Category II nonfriable ACM in the sheeted part of the facility that will not be removed before the demolition;
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vii. location and street address (including building number or name and floor or room number, if appropriate), city, parish, and sute, of the facility being demolished or renovated.
viii. scheduled starting and completion dates of asbestos removal work (or any other activity, such as site preparation that would break up, dislodge, or similarly disturb asbestos material) in a demolition or renovation; planned renovation operations involving individual nonscheduled operations shall only include the beginning and ending dates of the report period as described in Subsection F.l.d.i of this Section;
ix. scheduled starting and completion dates of demolition or k renovation;
x. description of planned demolition or renovation work to be performed and method(s) to be employed, including demolition or renovation techniques to be used and description of affected facility components;
xi. description of work practices and engineering controls to be used to comply with the requirements of this Section, including asbestos removal and waste handling emission control procedures;
xii. name, telephone number, mailing address, and physical location of the waste disposal site where the asbestos-containing waste material will be deposited;
xiii. a signed certification that personnel performing the demolition or renovation activity are trained and accredited as required by Subsection F.3.b of this Section when RACM is present. This requirement shall be effective upon promulgation of this regulstion;
xiv. for facilities described in Subsection F.l.c of this Section, the name, title, and authority of the state or local government representative who has ordered the demolition, the date that the order was issued, and the date on which the demolition was ordered to begin. A copy of the order shall be attached to the notification;
xv. for emergency renovations described in Subsection F.l.d.ii of this Section, the date and hour that the emergency occurred, a description of the sudden, unexpected event, and an explanation of how the event caused an unsafe condition, or would cause equipment damage or an unreasonable financial burden;
xvi. description of procedures to be followed in tire event that unexpected RACM is found or Category II nonfriable ACM becomes crumbled, pulverized, or reduced to powder.
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xvii. name, address and telephone number of the waste transporter; and
xviii. current ADVF (Asbestos Disposal Verification Form) numbers if they have been issued for the project.
e. The AAC-2 form must be used to report information required in Subsection F.2.d of this Section.
f. Provide oral notification of emergencies to the DEQ regional office responsible for inspecting the project site, or the DEQ Emergency Hot Line (504) 342*1234 after working hours, with oral notification by telephone immediately, but in no case later than one hour after learning of the incident which will induce emergency demolition or renovation operations.
i. The notification by phone shall include the following:
(a), the reason for the emergency;
(b). steps taken to minimize potential hazards to workers and the public; and
(c). estimated quantities of friable and nonfriable asbestos-containing materials to be handled.
ii. Within five working days after the notification is made by phone, a typed notification as specified in Subsection F.2.d and e shall be submitted to obtain an ADVF.
g. Use the follmving procedures in order that the Air Quality Division (AQD) can trace disposal of asbestos-containing waste material:
i. Each demolition or renovation notification received by AQD that is associated with a project that generates asbestos-containing waste material shall result in a confirmation letter with a specific project number to the owner or operator accompanied by an Asbestos Disposal Verification Form (ADVF) with a specific facility code.
ii. The owner or operator of a demolition or renovation activity shall complete and sign their portion of the ADVF and relinquish it to the waste transporter prior to the off-site shipment.
iii. The waste transporter shall transport the asbestos-containing waste materia] with the ADVF to a recognized disposal site and complete, sign, and relinquish the ADVF to the disposal site owner or operator at the time the asbestos waste is delivered for burial.
iv. The completed ADVF from the transporter shall be verified and signed by the disposal site owner or operator and mailed to the Air Quality
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Division within 30 working days. A copy is to be returned to the wiste generator.
v. The ADVF shall expire 90 days from the date of issue. ADVFs for sonscheduled operations shall expire on December 31 of the year for which they are issued.
vi. The ADVF must be completed in its entirety by the applicable person as indicated in the particular section of the form, and must be legible.
vii. Acceptance of an invalid ADVF by a waste transporter or disposal site owner or operator is a violation of this Subchapter.
3. Procedures for asbestos emission control. Each owner or operator of a demolition or renovation activity to whom this Section applies, according to Subsection F.l of this Section, shall comply with the foilcaving procedures:
a. Remove all RACM from a facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal. RACM need not be removed before demolition if:
i. it is Category 1 nonfriable ACM that is not in poor condition and is not friable;
ii. it is on a facility component that is encased in concrete or other similarly hard material and is adequately wet whenever exposed during demolition;
iii. it was not accessible for testing and was, therefore, not discovered until after demolition began and, as a result of the demolition, the materia] cannot be safely removed. If not removed for safety reasons, the exposed RACM and any asbestos-contaminated debris must be treated as asbestos-containing waste materia] and adequately wet at all times until disposed of; or
iv. it is Category II nonfriable ACM and the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition.
b. When a facility component that contains, is covered with, or is coated with RACM is being taken out of the facility as a unit or in sections:
i. adequately wet all RACM exposed during cutting or disjoining operations; and
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ii. carefully lower etch unit or *ection to the floor and to ground level, not dropping, throwing, sliding or otherwise damaging them or disturbing the RACM.
c. When RACM is stripped from a facility component while it remains in place in the facility, adequately wet the RACM prior to and during the stripping operation. The work area shall be controlled to prevent the release of asbestos-containing material to the outside air, and the controlled work area hall, when feasible, be visible to inspectors outside the work area (ie. transparent window which is easily accessible).
i. In renovation operations, wetting is not required if:
(a) , the owner or operator has obtained prior written approval from the administrative authority based on a written application that wetting, to comply with Subsection F of this Section, would unavoidsbly damage equipment or present a safety hazard; and
(b) . the owner or operator uses one or more of the following emission control methods as approved by the administrative authority:
(i) . a local exhaust ventilation and collection (HEPA filter) system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements of Subsection O of this Section;
(ii) . a glove-bag system designed and operated to capture the particulate asbestos material produced by the stripping of die asbestos materials; and
(iii)- leak-tight clear transparent wrapping to contain all RACM prior to dismantlement.
ii. In renovation operations where wetting would result in equipment damage or a safety hazard, and the methods allowed in Subsection F.3.c.i of this Section cannot be used, another method may be used afier obtaining written approval from the administrative authority based upon a determination that it is equivalent to wetting in controlling emissions or to the methods allowed in Subsection F.3.c.i of this Section.
iii. A copy of the administrative authority's written approval referenced in Subsection F.3.c.i.(a) and c.ii of this Section shall be kept at the worksite and made available for inspection.
d. After a facility component covered with, coated with, or containing RACM has been taken out of the facility as a unit or in sections pursuant to
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Subsection F.3.b of this Section, it shall be stripped or contained in leak-tight, dear, transparent wrapping, except as described in Subsection F.3.e of this Section. If stripped;
i. adequately wet RACM during stripping; and
ii. use a local exhaust ventilation and containment with a collection (HEPA filter) system designed and operated to capture the particulate asbestos material produced by the stripping. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in Subsection O of this Section.
e. For large facility components such as reactor vessels, large tanks, and steam generators, but not beams (which must be handled in accordance with Subsection F.3.b, c, and d of this Section), the RACM is not required to be stripped if the folltMing requirements are met:
i. the component is removed, transported, stored, disposed of, or reused without disturbing or damaging the RACM;
ii. the component is encased in a leak-tight, clear, transparent wrapping; and
iii. the leak-tight, clear, transparent wrapping is labeled according to Subsection I.4,a.iii of this Section during all loading and unloading operations and during storage.
f. For all RACM, including material that has been removed or Stripped:
i. adequately wet the material and ensure that it remains wet until collected and contained or treated in preparation for disposal in accordance with Subsection J of this Section;
ii. carefully lower the material to the ground and floor, not dropping, throwing, sliding, or otherwise damaging or disturbing the material;
iii. transport the material to the ground via leak-tight chutes or containers if it has been removed or stripped more than 50 feet above ground level and was not removed as units or in sections;
iv. RACM contained in leak-tight, clear, transparent wrapping that has been removed in accordance with Subsection F.3.c.i.(a) of this Section need not be wetted.
g. When the temperature at the point of wetting is below 0*C (32*F) and written authorization has been approved by the administrative authority as specified in Subsection F.3.c.i.(a) of this Section:
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i. The owner or operator need not comply with Subsection F.3.b.i of this Section and the wetting provisions of Subsection F.3.c of this Section.
ii. The owner or operator shall remove facility components containing, coated with, or covered with RACM as units or in sections to the maximum extent possible.
iii. During periods when wetting operations are suspended due to freezing temperatures, the owner or operator must record the temperature in the area containing the facility components at the beginning, middle, and end of each work day and keep daily temperature records available for inspection by the administrative authority during normal business hours at the demolition or renovation site. The owner or operator shall retain the temperature records for at least two years.
h. No response action shall be conducted at a facility regulated by this Section unless at least one asbestos abatement contractor/supervisor is physically present. All asbestos abatement workers who are performing response actions other than SSSD activities, shall be supervised by an asbestos contractor/supervisor. Evidence of the required training shall be made available for inspection by the administrative authority at the demolition or renovation site. Evidence of required training shall include, but not be limited to, the appropriate training certificates, DEQ issued identification card or accreditation certificates. For contracted abatement personnel, evidence of accreditation shall be made available for inspection by the administrative authority at the demolition or renovation site.
i. For facilities described in Subsection F.l.c of this Section, adequately wet the portion of the facility that contains RACM during the wrecking operation.
j. 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 Section before burning.
k. There shall be no discharge of asbestos contaminated liquids from the demolition or renovation activity which are contaminated with asbestos material if it is reasonably anticipated that such asbestos may become airborne.
l. Prior to completion of renovation or demolition activity involving RACM, the work area (described area where the renovation or demolition activity occurs) shall be cleaned by:
i. removing all loose debris in and adjacent to the immediate work area whether or not it is RACM; and
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ii. encapsulating all remaining RACM in the immediate work area when feasible with a non-white pigmented (opaque) encapsulate which is compatible with the contacted surface.
m. Within 24 hours after the demolition or renovation activity has ended and the work area has been cleaned in accordance with Subsection F.3.1 of this Section, verbally notify the Department of Environmental Quality (DEQ) regional office responsible for inspecting the project site of the conclusion of the cleanup. Only after the DEQ has been notified of project completion will the abatement activity be complete.
G. Standard for Spraying. The owner or operator of an operation in which asbestos-containing materials are spray applied shall comply with the following requirements:
1. For spray-on application on buildings, structures, pipes, and conduits, do not use material containing more than one percent asbestos as determined using the method specified in Appendix A, Subpart F, 40 CFR, Part 763, Section 1, Polarized Light Microscopy, except as provided in Subsection G.3 of this Section.
2. For spray-on application of materials that contain more than one percent asbestos as determined using the method specified in Appendix A, Subpart F, 40 CFR, Part 763, Section 1, Polarized Light Microscopy, on equipment and machinery, except as provided in Subsection G.3 of this Section:
a. Notify the administrative authority at least 20 days before beginning the spraying operation. Include the following information in the notice:
i. name, address and telephone number of owner or operator of a demolition or renovation activity;
ii. location of spraying operation; and
iii. procedures to be followed to meet the requirements of Subsection G.2 of this Section.
b. Discharge no visible emissions to the outside air from spray-on application of the asbestos-containing material or use methods specified by Subsection O of this Section to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.
3. The spray-on application of materials in which the asbestos fibers are encapsulated with a bituminous or resinous binder during spraying and which are not friable after drying is exempted from the requirements of Subsection G.l and 2.b of this Section.
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4. Sources subject to this Chapter are exempt from all requirements of LAC 33:III.Chapter 51.Subchapter A, except that the provisions regarding Availability of Information. LAC 33:III,5107.C, shall apply.
H. Standard for Insulating Materials. No owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of this Subsection do not apply to spray-applied insulating materials regulated under Subsection G of this Section.
I. Standard for Waste Disposal for Asbestos Mills. Each owner or operator ofany source covered under the provisions of Subsection C of this Section shall:
1. Deposit all asbestos-containing waste material at a waste disposal site recognized by the Air Quality Division of DEQ. A completed AAC-7 form shall have been submitted to the Air Quality Division by the disposal facility for prior recognition. Updated information will be required upon request. The Air Quality Division will maintain a current list of recognized asbestos waste disposal sites.
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a. A copy of the laulaiaaa Adainictratlv* Codas, Oiaptsr si, ubchsptsr w, vhieh parts ins to ssosstos rmentien/daooiition and vaata disposal ia on aits at the landfill and aado available to all aaployoaa. taa So
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2. Discharge no visible emissions to the outside air from the transfer of waste from asbestos control devices to the tailings conveyor, or use the methods specified by Subsection O of this Section to clean emissions containing particulate asbestos materia] before they escape to, or are vented to, the outside air. Dispose of the waste from asbestos control devices in accordance with Subsection J.l or 3 of this Section.
3. Discharge no visible emissions to the outside air during the collection, processing, packaging, or on-site transporting of any asbestos-containing waste material, or use one of the disposal methods specified in Subsection 1.3.a or b of this Section, as follows:
a. Use a wetting agent as follow:
i. Adequately mix all asbestos-containing waste material with a wetting agent recommended by the manufacturer of the agent to effectively wet dust and tailings, before depositing the material at a waste disposal site. Use the agent as recommended for the particular dust by the manufacturer of the agent.
ii. Discharge no visible emissions to the outside air from the wetting operation or use the methods specified by Subsection O of this Section to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.
iii. Wetting may be suspended with written authorization from the administrative authority when the ambient temperature at the waste disposal site is less than - 9.5*C (15*F) as determined by an appropriate measurement method with an accuracy of 1*C (2*F). During periods when wetting operations are suspended, the temperature shall be recorded at least at hourly intervals, and records must be retained for at least two years in a form suitable for inspection.
b. Use an alternative emission control and waste treatment method that has received prior written approval by the administrative authority. To obtain approval for an alternative method, a written application must be submitted to the administrative authority demonstrating that the following criteria are met:
i. the alternative method will control asbestos emissions equivalent to currently required methods;
ii. the alternative method is suitable for the intended application;
iii. the alternative method will not violate other regulations; and
iv. the alternative method will not result in increased water pollution, land pollution, or occupational hazards.
4. When waste is transported by vehicle to a disposal site:
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a. Marie vehicles used to transport asbestos-containing waste material during the loading and unloading of waste so that the signs are visible. The markings must:
i. be displayed in such a manner and location that a person can easily read the legend.
ii. conform to the requirements for 51 cm x 36 cm (20 in. x 14 in.) upright format signs specified in 29 CFR 1910.145(d)(4) and this Clause; and
iii. display the following legend or the OSHA legend described in 29 CFR 1926.58(kXlXu) in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this Clause. .
Notation:
2.5 cm (1 inch) Sans Serif, Gothic or Block
2.5 cm (1 inch) Sans Serif, Gothic or Block
1.9 cm (3/4 inch) Sans Serif, Gothic or Block
14 Point Gothic
Spacing between any two lines must be at least equal to the height of the upper of the two lines.
b. For offsite disposal, provide a copy of the waste shipment record (ADVF) described in Subsection 1.5.a of this Section, to the disposal site owner or operator at the same time as the asbestos-containing waste material arrives at the disposal site.
5. For all asbestos-containing waste material transported off the facility site:
a. Maintain asbestos waste shipment records, using an ADVF form, and include the following information:
i. the name, DEQ identification number, address, and telephone number of the waste generator;
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ii. the quantity of the asbestos-containing waste material is cubic meters (cubic yards);
iii. the name and telephone number of the disposal site operator,
iv. the name and physical site location of the disposal site;
v. the date transported;
vi. the names, address, and telephone number of the transporters): and
vii. a certification that the contents of this consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations.
b. For waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated disposal site, is not received by the waste generator within 35 days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the designated disposal site to determine the sums of the waste shipment.
c. Report in writing to the administrative authority if a copy of the waste shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. Include in the report the following information:
i. a copy of the waste shipment record for which a confirmation of delivery was not received; and
ii. a cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.
d. Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least two years.
6. Furnish upon request, and make available for inspection by the administrative authority, all records required under this Section.
J. Standard for Waste Disposal for Manufacturing, Fabricating, Demolition, Renovation, and Spraying Operations. Each owner or operator of any source covered under the provisions of Subsections E, F, or C of this Section shall comply with the following provisions:
1. Discharge no visible emissions to the outside air during collection, processing (including incineration), packaging, or transporting or deposition of
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any asbestos-containing waste materia] generated by the source, or use one of the emission control and waste treatment methods specified in Subsection J.l.s through d of this Section.
a. Adequately wet and store asbestos-containing waste material as follow:
i. mix waste from asbestos control devices to form a slurry; adequately wet other asbestos-containing waste material;
ii. discharge no visible emissions to the outside air from collection, mixing, wetting, and handling operations, or use the methods specified by Subsection 0 of this Section to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air;
iii. after wetting, seal all asbestos-containing waste material in leak-tight, clear, transparent containers (ie. bags) while wet; or, for materials that will not fit into containers without additional breaking, put materials into leak-tight, clear, transparent wrapping. If utilizing plastic drums to contain ACM, the transparent wrapping requirement is not necessary. If drums are used to store bagged material, the bags must be transparent;
iv. label the containers or wrapped materials specified in this Subsection using warning labels specified by Occupational Safety and Health Standards of the Department of Labor, Occupational Safety and Health Administration (OSHA) under 29 CFR 1910.1001 Q`)(2) or l926.58(k)(2)(iii). The labels shall be printed in letters of sufficient size and contrast so as to be readily visible and legible;
v. for asbestos-containing waste material to be transported off the facility site, label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated; and
vi. store all wrapped and contained asbestos-containing waste material in a labeled, secured area away from the public, where it will not be subject to disturbance or tampering until it can be transported to a waste disposal site recognized by the Air Quality Division of DEQ.
b. Process asbestos-containing waste material into nonfriable forms as follow:
i. form all asbestos-containing waste material into nonfriable pellets or other shapes; and
ii. discharge no visible emissions to the outride air from collection and processing operations, including incineration, or use the method specified
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by Subsection O of this Section to clean emissions containing particulate asbestos materia] before they escape to, or are vented to, the outside air.
c. For facilities demolished where the RACM is not removed prior to demolition according to Subsection F.3.a.i, ii, iii, and iv of this Section or for facilities demolished according to Subsection F.3.i of this Section, adequately wet asbestos-containing waste material at all times after demolition and keep wet during handling and loading for transport to a disposal site. Asbestos-containing waste materials covered by this Subparagraph do not have to be sealed in leaktight containers or wrapping but may be transported and disposed of in bulk.
d. Use an alternative emission control and waste treatment method that has received prior written approval by the EPA Administrator according to the procedure described in Subsection I.3.b of this Section.
e. As applied to demolition and renovation, the requirements of Subsection J.l of this Section do not apply to Category I and Category II nonfriable ACM waste that did not become crumbled, pulverized, or reduced to powder.
2. All asbestos-containing waste material shall be deposited as soon as is practical by the waste generator at:
a. a waste disposal site operated in accordance with the provisions of Subsection N of this Section; or
b. an EPA approved site that converts RACM and asbestos-containing waste material into nonasbestos (asbestos-free) material according to the provisions of Subsection L of this Section;
c. the requirements of Subsection J.2 of this Section do not apply to Category I nonfriable ACM that is not RACM.
3. Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of waste so that the signs are visible. The markings must conform to the requirements of Subsection I.4.a.i, ii and iii of this Section.
4. For all asbestos-containing waste material transported off the facility site:
a. Maintain waste shipment records, using an ADVF form, and include the follwving information:
i. the name, address, and telephone number of the waste generator;
ii. the name and address of the administrative authority responsible for administering the asbestos NESHAP program;
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iii. the approximate quantity in cubic meters (cubic yards); iv. the name and telephone number of the disposal site operator, v. the name and physical site location of the disposal site; vi. the date transported; vii. the name, address, and telephone number of the transporters);
viii. certification that the contents of this consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations.
b. Provide a copy of the waste shipment record, described in Subsection J.4.a of this Section, to the dispose! site owners or operators at the same time as the asbestos-containing waste material is delivered to the disposal site.
c. For waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated disposal site, is not received by the waste generator within 35 days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the designated disposal site to determine the status of the waste shipment.
d. Report in writing to the administrative authority if a copy of the waste shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. Include in the report the following information:
i. a copy of the waste shipment record for which confirmation of delivery was not received; and
ii. a cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.
e. Retab a copy of all waste shipment records, including copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least two yean.
5. Furnish upon request, and make available for inspection by the administrative authority, all records required under this Section.
K. Standard for Inactive Waste Disposal Sites for Asbestos Mills and Manufacturing and Fabricating Operations. Each owner or operator of any inactive waste disposal site that was operated by sources covered under
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Subsection C or B of this Section and received deposits of asbestos-containing waste material generated by the sources, shall:
1. Comply with the follcwing:
a. Discharge no visible emissions to the outside air from an inactive waste disposal site subject to Subsection C, E, or K of this Section.
b. Cover the asbestos-containing waste material with at least 60 centimeter? (24 inches) ofcompacted nonasbestos-containing material, and grow end maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material; or
c. For inactive waste disposal sites for asbestos tailings, a resinous or petroleum-based dust suppression agent that effectively binds dust to control surface air emissions may be used instead of the methods in Subsection K.l.a and b of this Section. Use the agent in the manner and frequency recommended for the particular asbestos tailings by the manufacturer of the dust suppression agent to achieve and maintain dust control. Obtain prior written approval of the administrative authority to use this or other equally effective dust suppression agents. For purposes of Subsection K of this Section, any used, spent, or other waste oil is not considered a dust suppression agent.
2. Unless a natural barrier adequately deters access by the general public, install and maintain warning signs and fencing as folltnvs, or comply with Subsection K.l.b of this Section.
a. Display warning signs at all entrances and along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material was deposited, at intervals of 50 m (ca. 165 feet) or less. The warning sign must:
i. be posted in such a manner and location that a person can easily read the legend;
ii. conform to the requirements of 51 cm x 36 cm (20 in. x 14 in.) upright format signs specified in 29 CFR1910.145(dX4) and this Paragraph; and
iii. display the following legend with letter sizes and styles of a visibility at least equal to those specified in this Clause:
ASBESTOS WASTE DISPOSAL SITE DO NOT CREATE DUST
BREATHING ASBESTOS IS HAZARDOUS TO YOUR HEALTH
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Notation:
2.5 cm (1 inch) Sans Serif, Gothic or Block
1.9 cm (3/4 inch) Sans Serif, Gothic or Block
14 Point Gothic
Spacing between lines must be at least equal to the height of the upper of the two lines.
b. The perimeter of the site dull be fenced in a manner adequate to prevent access by the genenl public.
c. When requesting a determination on whether a natural barrier adequately deters public access, supply information enabling the administrative authority to determine whether a fence or a natural barrier adequately deters access by the general public.
3. The owner or operator may use an alternate control method that has received prior approval by the EPA Administrator rather than comply with the requirements of Subsection K. 1 or 2 of this Section.
4. Notify the administrative authority in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited it a waste disposal site under this Section, and follow the procedures specified in the notification. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the administrative authority at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in (he notice:
a. scheduled starting and completion dates;
b. reason for disturbing the waste;
c. procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the administrative authority may require changes in the emission control procedures to be used; and
d. location of any temporary storage site and the final disposal site.
5. Within 60 days of a site becoming inactive and after the effective date of this Section, record, in accordance with state law, a notation on the deed to the facility property end on any other instrument that would normally be examined during a title search; this notation will in perpetuity notify any potential purchaser of the property that:
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a. the Usd has been used for the disposal of asbestos-containing waste material;
b. the survey plot and record of the location and quantity of asbestoscontaining waste materia] disposed of within the disposal site required in Subsec&qa N.6 of this Section have been filed with the administrative authority; and
c. the site is subject to LAC 33:III.Chapter 51, Subchapter M and the certification provisions in Appendix A of LAC 33:III.Chapter 27.
L. Standard for Operations that Convert RACM or Asbestos-containing Waste Materia] into Nonasbestos (Asbestos-free) Material. Each owner or operator of an operation that converts RACM or asbestos-containing waste material into nonasbestos (asbestos-free) material shall:
1. Obtain the prior written approval of the EPA Administrator to construct the facility. To obtain approval, the owner or operator shall provide the EPA Administrator with the following information:
a. Application to construct pursuant to LAC 33:111.5111.
b. In addition to the requirements of 1AC 33:111.5111:
i. description of waste feed handling and temporary storage;
ii. description of process operating conditions;
iii. description of handling and temporary storage of the end product; and
iv. description of the protocol to be followed when analyzing output materials by transmission electron microscopy.
c. Performance test protocol, including provisions for obtaining information required under Subsection L.2 of this Section.
d. The EPA Administrator may require that a demonstration of the process be performed prior to approval of the application to construct.
2. Conduct a start-up performance test. Test results shall include:
a. a detailed description of the types and quantities of nonasbestos material, RACM, and asbestos-containing waste material processed, i.e., asbestos cement products, friable asbestos insulation, plaster, wood, plastic, wire, etc. Test feed is to include the full range of materials that will be encountered in actual operation of the process;
b. results of analyses, using polarized light microscopy, that document the asbestos content of the wastes processed;
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c. results of analyses, using transmission electron microscopy, that document that the output materials art free of asbestos. Samples for analysis are to be collected as eight-hour composite samples {one 200-gram (7-ounce) aunple per hour}, beginning with the initial introduction of RACM or asbestos-containing waste material and continuing until the end of the performance test;
d. a description of operating parameters, such as temperature and residence time, defining the full range over which the process is expected to operate to produce nonasbestos (asbestos-free) materials. Specify the limits for each operating parameter within which the process will produce nonasbestos (asbestos-free) materials; and
e. the length of the test.
3. During the initial 90 days of operation:
a. Continuously monitor and log the operating parameters identified during start-up performance tests that are intended to ensure the production of nonasbestos (asbestos-free) output material.
b. Monitor input materials to ensure that they are consistent with the test feed materials described during start-up performance tests in Subsection L.2.a of this Section.
c. Collect and analyze samples, taken as 10-day composite samples {one 200-gm (7-ounce) sample collected every eight hours of operation} of all output material for the presence of asbestos. Composite samples may be for fewer than 10 days. Transmission electron microscopy (TEM) shall be used to analyze the output materials for the presence of asbestos. During the initial 90day period, all output materials must be stored on-site until analysis shows the material to be asbestos-free or disposed of as asbestos-containing wtste material according to Subsection J of this Section.
4. After the initial 90 days of operation:
a. Continuously monitor and record the operating parameters identified during start-up performance testing and any subsequent performance testing. Any output produced during a period of deviation from the range of operating conditions established to ensure the production of nonasbestos (asbestos-free) output materials shall be:
i. disposed of as asbestos-containing waste material according to Subsection J of this Section; or
ii. recycled as waste feed during process operation within the established range of operating conditions; or
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iii. stored temporarily on-site in a leak-tight container until analyzed for asbestos content. Any produet material that is not asbestos-free shall be either disposed of as asbestos-containing waste material or recycled as waste feed to the process.
b. Collect and analyze mocft'y composite samples {one 200-gram (7ounce) sample collected every eight hours of operation) of the output material. Transmission electron microscopy shall be used to analyze the output material for the presence of asbestos.
5. Discharge no visible emissions to the outside air from any part of the operation, or use the methods specified by Subchapter O of this Section to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.
6. Maintain records on-site or at another location approved by the administrative authority and include the foilwing information:
a. results of start-up performance testing and all subsequent performance testing, including operating parameters, feed characteristics, and analyses of output materials;
b. results of the composite analyses required during the initial 90 days of operation under Subsection L.3 of this Section;
c. results of the monthly composite analyses required under Subsection L.4 of this Section;
d. results of continuous monitoring and logs of process operating parameters required under Subsection L.3 and 4 of this Section;
e. the information on waste shipments received as required in Subsection N of this Section;
f. for output materials where no analyses were performed to determine the presence of asbestos, record the name and location of the purchaser or disposal site to which the output materials were sold or deposited, and the date of sale or disposal; and
g. retain records required by Subsection L.6 of this Section for at least two years.
7. Submit the foilwing reports to the administrative authority:
a. a report for each analysis of product composite samples performed during the initial 90 days of operation; and
b. a quarterly report, including the following information concerning activities during each consecutive three- month period:
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i. results of analyses of monthly product composite samples;
ii. a description of any deviation from the operating parameters established during performance testing, the duration of the deviation, and steps taken to correct the deviation;
iii. disposition of any product produced during a period of deviation, including whether it was recycled, disposed of as asbestos-containing waste material, or stored temporarily on-site until analysed for asbestos content; and
iv. the information on waste disposal activities as required in Subchapter N of this Section.
8. Nonasbestos (asbestos-free) output material is not subject to any of the provisions of this Subsection. Output materials in which asbestos is detected, or output materials produced when the operating parameters deviated from those established during the start-up performance testing, unless shown by transmission electron microscopy (TEM) analysis to be asbestos-free, shall be considered to be asbestos-containing waste and shall be bandied and disposed of according to Subsections J and N of this Section or reprocessed while all of the established operating parameters are being met.
M. Reporting and Recordkeeping. Any new source to which this Subchapter applies (with the exception of sources subject to Subsections D, F, C, and H of this Section), which has an initial start-up date preceding the effective date of this Subchapter, shall provide the following information to the administrative authority, postmarked or delivered, within 90 days of the effective date. In the case of a new source that does not have an initial start-up date preceding the effective date, the information shall be provided to the administrative authority, postmarked or delivered, within 90 days of the initial start-up date- Any owner or operator of an existing source shall provide the following information to the administrative authority within 90 days of the effective date of this Subchapter, unless the owner or operator of the existing source has previously provided this information to the administrative authority. Any changes in the information provided by any existing source shall be provided to the administrative authority, postmarked or delivered, within 30 days after the change. The owner or operator of any existing source to which this Section is applicable shall, within 90 days after the effective date, provide the following information to the administrative authority:
1. A description of the emission control equipment used for each process; and
2. If a fabric filter device is used to control emissions:
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a. the airflcw permeability in mVmia/m1 (ft'/min/ft1) if the fabric filter device uses a woven fabric; and if the fabric is synthetic, whether the fill yam is spun or not spun; and
b. if the fabric filter device uses a felted fabric, the density in g/m1 (oz/yd1) the minimum thickness in millimeters (inches), and the airflow permeability in mVmin/m1 (ftVmin/ft5).
3. If a HEPA filter is used to control emissions, the filter efficiency shall be certified by the manufacturer to be capable of trapping and retaining 99.97 percent of all particles larger than 0.3 microns.
4. For sources subject to Subsections I and J of this Section:
a. a brief description of each process that generates asbestos-containing waste materia);
b. the average volume of asbestos-containing waste material disposed of, measured in mVday (yd*/day);
c. the emission control methods used in all stages of waste disposal; and
d. the type of disposal site or incineration site used for ultimate disposal, the name of the site operator, and the name and location of the disposal site.
5. For sources subject to Subsections K and N of this Section:
a. a brief description of the rite; and
b. the method or methods used to comply with the standard, or alternative procedures to be used.
6. The information required by Subsection M of this Section shall accompany the information required by LAC 33:III.5107.A and B. Active waste disposal sites subject to Subsection N of this Section shall also comply with Subsection M of this Section using the AAC-7 form. Roadways, demolition and renovstion, spraying, and insulating materials are exempted from the requirements of LAC 33:III.5107.A and B.
N. Standard for Active Waste Disposal Sites. Each owner or operator of an active waste disposal rite that receives asbestos-containing waste material from a source covered under Subsections I, J and L of this Section shall meet the requirements of this Subsection:
1. There shall be no visible emissions to the outside air from any active waste disposal site where asbestos-containing waste material has been deposited.
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2. Unless a natural barrier adequately deters access by the general public, warning signs and fencing shall be installed and maintained as follow:
a. Warning signs shall be displayed at all entrances, and along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material is deposited, at intervals of 50 m (ca. 165 ft) or less. The warning signs shall:
i. be posted in such a manner and location that a person may easily read the legend;
ii. conform to the requirements of 51 cm x 36 cm (20 in. x 14 in.) upright format signs; and
iii. display the following legend or the OSHA legend described in 29 CFR 1926.58(k)(l)(ii) in the lower panel with letter sixes and styles of a visibility at least equal to those specified in this Paragraph.
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Notation:
2.5 cm (1 inch) Sans Serif, Gothic or Block
1.9 cm (3/4 inch) Sans Serif, Gothic or Block
14 Point Gothic Spacing between any two lines must be at least equal to the height of thCe DOuOpNpFerAIDE0N4T4I3A3L3. of the two lines.
b. The perimeter of the disposal site shall be fenced in a manner adequate to deter access by the general public.
c. The administrative authority will, upon request and supply of appropriate information, determine whether a fence or natural barrier adequately deters access by the general public.
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a. be covered with at least 15 centimeter* (ea. 6 inches) of compacted oonasbestos'containing waste material; or
b. be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion, if previously approved by the Air Quality and Solid Waste Divisions of Louisiana Department of Environmental Quality. Such an agent *hH be used in the manner and frequency recommended for the particular dust by the dust suppression agent manufacturer to achieve and !"* dust control. Other equally effective dust suppression agents may be used upon prior written approval by the administrative authority. For purposes of this Subsection, any used, spent, or other waste oil is not considered a dust suppression agent.
4. Rather than meet the no visible emission requirement of Subsection N.l of this Section, use an alternative emissions control method that has received prior written approval by the EPA Administrator according to the procedures of Subsection 1.3.b of this Section.
5. For all asbestos-containing waste material received, the owner or operator of the active waste disposal site shall:
a. Maintain waste shipment records using the ADVF form and including the following information:
i. the name, address, and telephone number of the waste generator;
ii. the name, address, and telephone number of the transporter^);
iii. the quantity of asbestos-containing waste material in cubic meters (cubic yards);
iv. the presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers. Report in writing to the administrative authority (identified in the waste shipment record (ADVF)}, by the following working day, the presence of a significant amount of improperly enclosed or uncovered waste. Submit a copy of the waste shipment record (ADVF) along with the report; and
v. the date of the receipt.
b. As soon as possible and no longer than 30 days after receipt of the waste, send a copy of the signed ADVF to the waste generator and to the administrative authority.
c. Upon discovering a discrepancy between tbe quantity of waste designated on the ADVF and tbe qusntity actually received, attempt to reconcile tbe discrepancy with the waste generator. If the discrepancy is not resolved within 15 days after receiving the waste, immediately report in writing to the
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administrative authority. Describe the discrepancy and attempts to reconcile it, and submit a copy of the ADVF with the report.
d. Retain a copy of all records and reports required by Subsection N of this Section for at least two yean.
6. Maintain, until closure, records of the location, depth end area, and quantity in cubic meters (cubic yards) of asbestos-containing waste material within die disposal site on a map or diagram of the disposal area.
7. Upon closure, comply with all the provisions of Subsection K of this Section.
8. Submit to the administrative authority, upon closure of the facility, a copy of records of asbestos waste disposal locations and quantities.
9. Furnish upon request, and make available during normal business hours for inspection by the administrative authority, all records required under this Subsection.
10. Notify the administrative authority in writing at least 45 dsys prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site and is coveted. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date shall be provided to the administrative authority at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice:
a. scheduled starting and completion dates;
b. reason for disturbing the waste;
c. procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the administrative authority may require changes in the emission control procedures to be used; and
d. location of any temporary storage site and the final disposal site.
/ " ?J Air-cleaning. If air-cleaning is elected, as permitted by Subsections C.1,
E.2, F.3.e.i.b.(i), d and d.ii, G.2.b, 1.2 and 3.a.ii, J.l.a.ii and b.ii, and L.5 of this Section, the requirements of this Subsection shall be met.
1. Use fabric filter collection devices, except as noted in Subsection 0.4.a and c of this Section, by doing all of the following:
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a. operating the fabric filter collection devices at a pressure drop of no more than .995 kilopascal (four inches of water gage), as measured across the filter fabric;
b. ensuring that the airflow permeability, as determined by ASTM Method D737-75, does not exceed 9 mVmin/m7 (30 ft1/min/ft7) for woven fabrics or UVmin/m7 (35 ftVmia/ft7) for felted fabrics, except that 12 mVmin/m7 (40 ftVmin/ft7) for woven and 14 mVmin/m7 (45 ftVmin/m5) for felted fabrics is allowed for filtering air from asbestos ore dryers;
c. ensuring that felted fabric weighs at least 475 grams per square meter (14 ounces per square yard) and is at least 1.6 millimeters (one-sixteenth inch) thick throughout; and
d. avoiding the use of synthetic fabrics that contain fill yard other than that which is spun.
2. Properly install, use, operate, and maintain all air-cleaning equipment authorized by this Section. Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material.
3. For fabric filter collection devices installed after January 10, 1989, provide for easy inspection for faulty bags.
4. The following are exceptions to Subsection 0.1 of this Section:
a. After January 10, 1989, if the use of fabric creates a fire or explosion hazard, or the administrative authority determines that a fabric filter is not feasible, the administrative authority may authorize as a substitute the use of wet collectors designed to operate with a unit contacting energy of at least 9.95 kilopascals (40 inches water gauge pressure).
b. Use a HEPA filter that is certified to be at least 99.97 percent efficient for particles larger than 0.3 microns.
c. The administrative authority may authorize the use of filtering equipment other than that described in Subsection 0.1 and 4 of this Section if the owner or operator demonstrates to the administrative authority's satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material.
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P. Training and Accreditation Requirements
1. Asbestos Discipline
a. Worker. A person must be trained as a worker in accordance with LAC 33:111.Chapter 27, Appendix A, Subsection A.5 to perform any of the following activities in a facility regulated by this Section:
i. a response action other than an SSSD activity;
ii. a maintenance activity other than an SSSD activity that disturbs RACM; or
iii. a response action for a major fiber release episode.
b. Contractor/Supervisor. A person must be trained as a contractor/supervisor in accordance with LAC 33:III.Chapter 27, Appendix A. Subsection A.4 to supervise any of the following activities in a facility regulated by this Section;
i. a response action other than an SSSD activity;
ii. a maintenance activity other than an SSSD activity that disturbs RACM; or
iii. a response action for a major fiber release episode.
c. Inspector. A person mu be trained as an inspector in accordance with LAC 33:111.Chapter 27, Appendix A, Subsection A.l and accredited in order to inspect for asbestos materials in facilities regulated by this Section.
d. Project Designer. A person must be trained as a project designer in accordance with LAC 33:III.Chapter 27, Appendix A, Subsection A.3 and accredited in order to design any of the following activities in a facility regulated by this Section;
i. a response action other than a SSSD activity;
ii. a maintenance activity other than an SSSD activity that disturbs RACM: or
iii. a response action for a major fiber release episode.
e. Air Monitor Personnel. A person must be trained as an asbestos comractor/supervisor in accordance with LAC 33:111.Chapter 27, Appendix A, Subsection A.4 and accredited to conduct air monitoring for an asbestos abatement project or related activity in facilities regulated by this Section.
2. Response Actions
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a. Response actions including removal, encapsulation, enclosure, or repair, other than small-scale, short-duration activities in state buildings and schools shall be designed and conducted by persons accredited to design and conduct response actions.
b. When response actions are performed by contracted personnel, those person shall be accredited.
AUTHORITY NOTE: Promulgated in accordance with R. S. 30:2054. HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, onice of Air Quality and Radiation Protection, Air Quality Division, LR:1204 (December 1991), repealed and repromulgated LR 18:1121 (October 1992), amended LR 20:1277 (November 1994).
Subchapter P. Beryllium
$5161. Emission Standard For Beryllium
A. Applicability. The provisions of this Section are applicable to the following stationary sources:
1. Extraction plants, ceramic plants, foundries, incinerators, and propellant plants which process beryllium, beryllium ore, beryllium oxide, beryllium alloys, or beryllium-containing waste.
2. Machine shops which process beryllium, beryllium oxides, or any alloy when such alloy contains more than 5 percent beryllium by weight.
B. Definitions. Terms used in this Section are defined in LAC 33:111.111 of these regulations with the exception of those terms specifically defined in LAC 33:111.5103.A or below, as follows:
Beryllium--the element beryllium. Where weights or concentrations are specified, such weights or concentrations apply to beryllium only, excluding the weight or concentration of any associated element.
Beryllium Allay--my metal to which beryllium has been added in order to increase its beryllium content and which contains more than 0.1 percent beryllium by weight.
Berylliumcontaining Waite--material contaminated with beryllium and/or beryllium compounds used or generated during any process or operation performed by a source subject to this Section.
Beryllium Ore--my naturally occurring material mined or gathered for its beryllium content.
Ceramic Plant--t manufacturing plant producing ceramic items.
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