Regulatory Requirements for Asbestos Inspections Prior to Renovation Projects

Transcription

1 Regulatory Requirements for Asbestos Inspections Prior to Renovation Projects Subject: Abstract for the 2012 Healthcare Engineering Society of Northern Illinois Mr. Kohon, having attended last yearʼs event and been impressed with the variety of presenters on hand, I would like to respectfully submit my abstract for your consideration as a presenter for this yearʼs HESNI Annual Conference & Technical Exhibition. My presentation would focus on the regulatory requirements for asbestos inspections prior to renovation projects in existing buildings, a topic I believe is often misunderstood and one that should be of great interest to the HESNI community. The following provides key topic areas, themes and take away points of the talk, which I would anticipate to take 60 minutes. As the pace of new building construction continues to move slowly, building owners and operators are more often turning to renovation to increase the value of their buildings. It is essential that building owners, and the professional firms that work with them, understand the regulatory requirements when it comes to asbestos in buildings and that accredited and, if required by state regulations, licensed asbestos professionals be consulted to ensure that the project is performed in full compliance with the applicable regulations. Furthermore, as asbestos-containing products continue to be available in the market, building owners and professionals involved in building construction, whether new or renovation, should ensure that building materials used on their projects have been determined to be non-asbestos-containing and that documentation (test results, manufacturerʼs certification) ascertaining their non-asbestos status be maintained in the buildingʼs records. Thank you in advance for your consideration and feel free to contact me for additional information. Brendan J. Quealy Department Manager I Industrial Hygiene/Asbestos Services Terracon 135 Ambassador Drive I Naperville, IL P (630) I F (630) I M (630) bjquealy@terracon.com I terracon.com

2 REGULATORY REQUIREMENTS FOR ASBESTOS INSPECTIONS PRIOR TO RENOVATION PROJECTS Presented by Brendan J. Quealy Department Manager Industrial Hygiene/Asbestos Services

3 Learning Objectives Background on Asbestos Types/Classifications/Applications of Asbestos Asbestos Regulations Sources of Confusion Conclusions

4 Background Information on Asbestos What Is Asbestos? Naturally occurring mineral Jeffrey Mine - Asbestos, Quebec, Canada Mined South Africa Australia Canada

5 Background Information on Asbestos Types of Asbestos Serpentine Amphiboles

6 Background Information on Asbestos Serpentine Chrysotile ~ white asbestos Hollow spirally-wound fibers Most common (90%) Easiest to wet Withstands the fiercest heat Soft and flexible (can be woven like cotton)

7 Background Information on Asbestos Amphiboles long thin fibers Amosite ( brown asbestos) Asbestos Mines of South Africa Hard to wet High heat applications - steam Crocidolite ( blue asbestos) Australia s Blue Sky Mine Amosite Crocidolite Strongest of all asbestos fibers

8 Background Information on Asbestos Amphiboles (cont d) Tremolite Vermiculite contaminant Actinolite Anthophyllite

9 Background Information on Asbestos Asbestos the Miracle Mineral Extremely versatile Readily available Highly resistant to heat and chemicals High tensile strength Sound-absorbing Non-conductive

10 Asbestos Terms ACM = Asbestos-Containing Materials - materials containing greater than 1% asbestos PACM = Presumed ACM [OSHA] RACM = regulated ACM [NESHAPs] Friable = When dry, can be crumbled, pulverized or reduced to a powder by hand pressure Non-Friable = When dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure Intact = ACM has not crumbled, been pulverized, or otherwise deteriorated so that asbestos is no longer likely to be bound with its matrix AHERA = Asbestos Hazard Emergency Response Act NESHAPS = National Emissions Standard for Hazardous Air Pollutants

11 History of Asbestos Utilization Asbestos Derived from Greek term for inextinguishable Historical Lamp wicks, table cloths, burial shrouds Water distribution (Roman aqueducts) 19th Century Shingles, firemen s apparel, stage curtains, safe insulation, wiring insulation, roofing felt, steam systems

12 History of Asbestos Use 20th Century Use increased during 1900 s and peaked from WWII into early 1970 s. In the 1920 s and 1930 s - Linoleum, resilient floor tiles, and first plastic products (electrical insulators, telephone, buttons) Special effects in Hollywood 1960 s: EPA estimates use in 3,000-4,000 products

13 Applications of Asbestos

14 Common Use of Asbestos in Buildings Surfacing Materials Sprayed-on, troweled-on, or otherwise applied to surfaces Spray-applied fireproofing Spray-applied ceiling texture Troweled-on textures Plaster and lath systems Drywall skim coat Stucco

15 Common Use of Asbestos in Buildings Thermal System Insulation Materials applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior structural components to prevent heat loss or gain, or water condensation HVAC duct insulation Boiler and tank insulation Breeching insulation Pipe insulation (pre-formed, Aircell )

16 Common Use of Asbestos in Buildings Miscellaneous Ceiling tiles Drywall and joint compound Resilient flooring (tiles, sheet goods) Mastics/adhesives Cement board (Transite) Caulks & glazing Gaskets Electrical wiring insulation Roofing Chalkboards

17 Asbestos Regulations Overview U.S. Environmental Protection Agency AHERA: Asbestos in Schools Rule Asbestos School Hazard Abatement Reauthorization Act (ASHARA) NESHAP: Demolition/Renovation Ban and Phase-Out Rule

18 Asbestos Regulations Overview AHERA [Oct. 30, 1987] Required schools K-12 to be surveyed for asbestos Bulk sampling/analysis protocols Required Management Plans for schools Required reinspections every 3 years Established Model Accreditation Plan (MAP) Training requirements Final air clearance following asbestos removal

19 Asbestos Regulations Overview AHERA survey exception: School not be required to perform inspection if: An architect or project engineer responsible for the construction of a new school building built after October 12, 1988, or an accredited inspector signs a statement that no ACBM was specified as a building material in any construction document for the building, or, to the best of his or her knowledge, no ACBM was used as a building material in the building

20 Asbestos Regulations Overview Asbestos School Hazard Abatement Reauthorization Act (ASHARA) Extended training requirements (MAP) to commercial and public buildings (except Management Planner) Did not require surveys of all buildings

21 Asbestos Regulations Overview NESHAP [Nov. 20, 1990] Requires asbestos surveys prior to renovation/demo Categories for Nonfriable Materials Cat. I Roofing, Flooring, Gaskets, & Packings Cat. II All Other NonFriable Materials Requires removal of RACM prior to renovation/demo Requires 10-day notification

22 Asbestos Regulations Overview NESHAP Highlighted Definitions Facility means 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). Demolition means 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. Renovation means altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component.

23 Asbestos Regulations Overview NESHAP Inspection Requirement To determine which requirements of paragraphs (a), (b), and (c) 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 There is no cut-off date in the regulation.

24 Asbestos Regulations Overview EPA NESHAP BANS Most spray-applied surfacing ACM: banned for fireproofing/insulating banned for "decorative" purposes Exception - on equipment and machinery where the asbestos fibers in the materials are encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying or, if friable, no emissions are allowed or emissions are cleaned prior to discharge.

25 Asbestos Regulations Overview EPA NESHAP BANS Thermal System Insulation: banned installation of wet-applied and pre-formed (molded) asbestos pipe insulation banned installation of pre-formed (molded) asbestos block insulation on boilers and hot water tanks. NO NESHAP ban on troweled-on surfacing ACM

26 Asbestos Regulations Overview BAN AND PHASE-OUT [July 12, 1989] EPA issued a final rule banning most asbestos-containing products regulation overturned on appeal resulting in the ban of the following: flooring felt, rollboard, and corrugated, commercial, or specialty paper. "new uses" of asbestos

27 Asbestos Regulations Overview

28 Asbestos Regulations Overview OSHA 29 CFR General Industry applies to all occupational exposures to asbestos in all industries covered by OSHA, except construction and shipbuilding

29 Asbestos Regulations Overview OSHA 29 CFR Asbestos Construction regulates asbestos exposure in demolition or salvage; ACM removal, encapsulation, spill/emergency cleanup; construction, alteration, repair, maintenance, or renovation of areas that contain asbestos; installation of products containing asbestos; transportation, disposal, storage, containment of and housekeeping activities involving asbestos or products containing asbestos, on the site or location at which construction activities are performed.

30 OSHA 29 CFR Construction Standard Established Classifications for Asbestos Work Class I Removal of TSI and Surfacing ACM & PACM Class II Removal of ACM or PACM that is not TSI or Surfacing Class III Repair or O&M work where ACM or PACM is likely to be disturbed Class IV Maintenance or custodial work that employees come in contact but do not disturb ACM or PACM Requires regulated areas Requires a Competent Person on-site Establishes work practices and engineering controls

31 OSHA 29 CFR Construction Standard Requires employee exposure monitoring/assessments. Requires medical surveillance. Requires respiratory and clothing protection. Mandates training. Requirements on multi-employer work sites: Requires building owners to notify all employers who will work within or adjacent to ACM of the presence, location, and quantity of said ACM.

32 OSHA 29 CFR Construction Standard PACM = means thermal system insulation and surfacing material found in buildings constructed no later than Communication of hazards: Employers and building owners shall identify TSI and sprayed or troweled on surfacing materials in buildings as asbestoscontaining, unless they determine that the material is not asbestos-containing. Asphalt and vinyl flooring material installed no later than 1980 must also be considered as asbestos containing unless the employer determines that it is not asbestos-containing Before work subject to this standard is begun, building and facility owners shall determine the presence, location, and quantity of ACM and/or PACM at the work site An employer or owner may demonstrate that PACM is not ACM: Bulk sampling pursuant to the requirements of AHERA or by recognized analytical techniques for flooring material.

33 Asbestos Regulations Overview State of Illinois Regulations IDPH: Asbestos Abatement for Public and Private Schools and Commercial and Public Buildings in Illinois (77 IAC 855) AHERA compliance and licensing IEPA: IAC 35 Part 228 Asbestos NESHAPs compliance

34 Asbestos Regulations Overview Local Regulations City of Chicago Cook County (suburban) Permit for ACM/Demolition

35 Sources of Confusion Mistaken belief that newer buildings, specifically those built after 1980, cannot contain asbestos due to: Misunderstanding asbestos bans or lack thereof PACM AHERA exception

36 Clearing up the Confusion Truth about asbestos bans Most uses still permissible Asbestos still being mined and processed ACM still imported and sold in US Market forces did not ban asbestos

37 Clearing up the Confusion PACM - a limited term Does not indicate that ACM cannot be present after 1980 focus on friable (TSI/Surfacing) Unlike AHERA, OSHA does not allow rebuttal of ACM except via laboratory analysis If the employer/building owner has actual knowledge, or should have known through the exercise of due diligence, that other materials are asbestoscontaining, they too must be treated as such.

38 Clearing up the Confusion AHERA Exception Architect s Letter While AHERA and NESHAPs are both USEPA regulations, USEPA does not accept the AHERA exception for NESHAPs compliance, even in a school OSHA does not allow rebuttal of ACM except via laboratory analysis IDPH Letter [Aug. 20, 2007] o Addressed to healthcare facility owner/operators o Stated that Asbestos NESHAP applies to all buildings regardless of age or certification of construction.

39 What we ve learned NESHAP requires that the owner/operator perform a thorough asbestos inspection prior to renovation or demolition There is no cut-off date for this requirement Asbestos-containing products continue to be available in the market

40 Conclusion An asbestos inspection is required by regulation prior to every renovation or demolition activity and can provide the Owner or Operator with the information necessary to insure the safety and health of building occupants during these activities.

41 Questions now? Questions later?