It is Always Best to Report Asbestos

U.S. EPA’s National Emission Standard for Asbestos are found in 40 CFR Part 61, Subpart M (National Emission Standard for Asbestos), which includes provisions for demolition and renovation. According to 40 CFR §61.145, prior to commencement of demolition, renovation, or construction activity, all owner or operators must thoroughly inspect the facility for asbestos. It is pertinent to note that this applies to every facility undergoing demolition, renovation or construction and they must report if any asbestos is found. In facilities being demolished or renovated, they must follow reporting and control protocol if the combined amount of Regulated Asbestos-Containing Material (RACM) is:

• At least 80 linear meters on pipes or 15 square meters on any part of the facility including equipment (facility components).
• At least one cubic meter from previously unmeasured facility components

If the combined amount of RACM is less than the thresholds specified, the facility is not required to control for asbestos emissions. However, the regulation requires all facilities to notify the U.S. EPA if intending to demolish or renovate, even when no asbestos is found. Fortunately, for facilities with a combined amount of RACM less than the thresholds above, the following notification requirements are eliminated from an otherwise onerous list of asbestos reporting requirements:

• A postmark date of at least 10 working days before the end of the calendar year before the year of the renovations.
• A postmark date that is as early as possible before, but not later than, the following demolition working day.
• A schedule of starting and completion dates of asbestos removal work, demolition and/or renovation.
• The name and location of the waste transporter.

Additionally, if the facility is demolished because the facility is structurally unsound and in danger of imminent collapse, the following notification requirements are eliminated from an otherwise onerous list of asbestos reporting requirements:

• A postmark date of at least 10 working days before asbestos stripping or removal work or any other activity begins.
• A postmark date of at least 10 working days before the end of the calendar year before the year of the renovations.
• A schedule of starting and completion dates of asbestos removal work, demolition and/or renovation.
• The required information must be reported using the notification form listed in the regulations.
• If the facility component is stripped, the RACM must be adequately wetted and local exhaust ventilation must be used to capture the asbestos particles.
• RACM is not required to be stripped from large facility components if the component is encased in a leak-tight wrapping or is able to be removed without disturbing the RACM.
• If the temperature at the point of wetting is below 0℃ the owner must suspend wetting operations and keep record of the temperature.
• After one year, no RACM shall be stripped, removed, or otherwise handled or disturbed at a facility regulated by this section unless at least one on-site representative is present, and every two years they must receive training.

What may not be apparent, is that the regulations require notification of all facilities’ intention to demolish or renovate, even when no asbestos is found. U.S. EPA’s position is that such notification ensures that the facilities are inspected, and that asbestos removal (if required) is performed consistent with the standard. A failure to notify the administrators is a violation of 40 CFR §61.145 and could lead to enforcement action. If you have any questions, please contact us, and we would be happy to help.