SUCCESSFUL DEMOLITION/RENOVATION STEPS 1 & 2 What You Need to Know About Renovation & Demolition Regulatory Summary Presenters: Mark Davis, WDNR Bret Berglund, IAQ Diagnostics Beth Nethery, Balestrieri Group
Successful Demolition / Renovation, Steps 1 & 2 Presented at the Wisconsin Asbestos Seminar, December 6, 2013
Citation preview
1. SUCCESSFUL DEMOLITION/RENOVATION STEPS 1 & 2 Presenters:
Mark Davis, WDNR Bret Berglund, IAQ Diagnostics Beth Nethery,
Balestrieri Group What You Need to Know About Renovation &
Demolition Regulatory Summary
2. 4 KEY STEPS 1. INSPECTION: INSPECT THE FACILITY All affected
parts of a facility being renovated or demolished must be inspected
for the presence of asbestos by a State licensed Asbestos
Inspector. 2. NOTIFICATION: NOTIFY THE STATE You must notify the
State of demolition and/or renovation activities. Projects within
the City of Milwaukee also require a permit application process to
be completed.
3. 4 KEY STEPS 4 KEY STEPS 3. REMOVAL: REMOVE REGULATED
MATERIALS All regulated asbestos-containing materials that would be
disturbed must be removed by a State licensed company with State
licensed supervisors/workers. 4. DISPOSAL: DISPOSE OF WASTE All
asbestos-containing waste material must be properly labeled and
disposed of in leak-tight containers at a landfill approved to
accept asbestos.
4. KEY STEP 1 INSPECT THE FACILITY Step 1, the inspection
should be performed by a State Certified Asbestos Inspector. A list
of licensed companies and inspectors can be found on the DHS
website dhs.wisconsin.gov/asbestos/ The Department of Health
Services regulates trainers and the content of their classes to
enable licensing and the continuing education of fully trained
individuals to identify asbestos. To learn more
dhs.wisconsin.gov/asbestos/Cert/ Federal, State and City of
Milwaukee regulations govern proper identification and handling of
ACM.
5. KEY STEP 1 INSPECT THE FACILITY Which buildings require
testing prior to reno or demo? The words newer building or recent
renovations do not mean the building can be assumed asbestos-free.
Asbestos was still used in many common building materials until the
middle to late 1980s. In 1989 most asbestos-containing products in
the United States was banned..right? Since asbestos was banned, do
I need to be worried about products on the market today containing
asbestos?
6. KEY STEP 1 INSPECT THE FACILITY Would you know what dates
various materials were banned? It is important not to view the
dates of the laws or regulations which banned the materials as
absolute cutoff dates. In many cases, the laws/regs allowed
suppliers to continue to sell out their existing supplies. Many
manufacturers may not have been immediately aware of the new
laws/regs restricting the use of asbestos products.
7. KEY STEP 1 INSPECT THE FACILITY Significant Dates 1973 -
Spray applied fireproofing was banned by the 1973 Clean Air Act
Asbestos National Emission Standard for Hazardous Air Pollutant
(NESHAP). 1975 Wet-applied and pre-formed (molded) asbestos pipe
insulation and pre-formed (molded) asbestos block insulation on
boilers and hot water tanks were banned by the 1975 Clean Air Act
(NESHAP). 1978 Spray applied decorative ACM (e.g. acoustic ceiling
texture) was banned by the 1978 Clean Air Act (NESHAP).
8. KEY STEP 1 INSPECT THE FACILITY Significant Dates 1989 EPA
BANS ASBESTOS! EPA issued a final rule under Section 6 of the Toxic
Substances Control Act (TSCA) banning most asbestos-containing
products in the U. S. 1990 Spray applied materials containing more
than 1% asbestos to building structures, pipes and conduits was
banned by the 1990 Clean Air Act (NESHAP). UNLESS the material is
encapsulated with a bituminous binder during spraying AND the
materials are not friable after drying.
9. KEY STEP 1 INSPECT THE FACILITY Significant Dates 1991 EPA
ASBESTOS BAN OVERTURNED! As a result, most of the original ban on
the manufacture, importation, processing, or distribution in
commerce for most of the asbestos-containing product categories of
two years earlier was overturned. Only the bans on corrugated
paper, rollboard, commercial paper, specialty paper and flooring
felt survived. Also, any NEW uses of asbestos remained banned under
the 1989 rule.
12. KEY STEP 1 INSPECT THE FACILITY The EPA list is far from
comprehensive as many other common materials which are not banned
are not listed. Asbestos is found in more than 3,000 building
materials. Asbestos is also found in added components such as light
fixtures, toilet rings and architectural features so inspect before
allowing salvaging, auctioning or deconstruction. Asbestos
containing products can still legally be manufactured, processed
and distributed in the U.S. If materials are not wood, metal or
glass test them they are suspect. Inspectors can assume asbestos to
be present or they can identify it through testing. They can not
assume it to be negative.
13. KEY STEP 1 INSPECT THE FACILITY OSHA Asbestos Standards
Misunderstanding related to the non-banning of most ACM is a major
component in the failure to properly inspect all buildings prior to
renovations or demolitions. Nothing has done more to confuse the
issue than OSHAs revision to the asbestos standards in 1994. These
revisions introduced the concept of the presumed
asbestos-containing material (PACM). PACM was defined as thermal
system insulation and surfacing material found in buildings
constructed no later than 1980.
14. KEY STEP 1 INSPECT THE FACILITY OSHA Asbestos Standards
Elsewhere in the OSHA regulations, the 1980 date was included as
the cut-off date for which asphalt and vinyl flooring material
needed to be considered asbestoscontaining, if not proven otherwise
by laboratory analysis. Nowhere in this regulation is it stated
that materials in buildings constructed later than 1980 were to be
considered non-asbestos-containing. BEWARE of environmental reports
(including many Phase I site assessments) indicating asbestos is
not a concern after 1980.
15. KEY STEP 1 INSPECT THE FACILITY Often Cited Architects
Letter Exclusion A further source of confusion regarding the need
to conduct an asbestos inspection is an exclusion described in 40
CFR Part 763.99(a)(7) - AHERA. This exemption allows that an
architectresponsible for the construction of a new school building
built after October 12, 1988...signs a statement that no ACBMor to
the best of his or her knowledgewas used as a building material in
the building This exemption applies only to AHERA regulations and
does not meet the requirements of a thorough inspection as required
by the NESHAP rule or OSHA Asbestos in Construction Standard.
16. KEY STEP 1 INSPECT THE FACILITY An inspection must be
performed to identify any ACM that may be disturbed during the
project. The inspection must be thorough so that the building
occupants, workers, other contractors, the general public and the
environment are not unknowingly exposed to asbestos. Occupied
building inspections that do not allow for destructive invasive
inspections must be either re-inspected at a later date or assumed
that it exists. (i.e., pipe chases or multi-layered systems)
Building components, including concrete, must be sampled if they
will be recycled or repurposed through deconstruction.
17. KEY STEP 1 INSPECT THE FACILITY Many inspection reports
will assume non-friable materials, as the NR 447 rule allows these
items to remain with the facility for demolition. Unless tested,
they are asbestos containing. Recycling centers and transfer
stations are prohibited from receiving ACM we cannot allow it to
become commingled. ACM impacted by concrete crushers will be
considered a friable material. Unidentified ACM debris can result
in an entire building being landfilled rather than recycled or
deconstructed.
18. KEY STEP 1 INSPECT THE FACILITY WDNR requires inspections
on certain projects: Two or more contiguous single family homes.
Homes that are part of a larger demolition project, including
municipal urban renewal projects that include more than one house
being demolished within the given year. Multi-family housing or
condominiums with five or more units. Industrial, manufacturing or
commercial buildings including bridges, farm buildings and
churches. Any structure being demolished by a fire-training
exercise; often a pre-burn SWAT training may employ destructive
methods.
19. KEY STEP 1 INSPECT THE FACILITY WDNR recommends inspections
on other projects: Single family homes. Multi-family housing with
2-4 units. Three or more units in the City of Milwaukee DHS
recommends inspections in order to insure that only trained and
licensed contractors are disturbing the identified ACM. If not
tested, must be assumed to contain. OSHA protects the rights of
employees to be informed of health hazards they may be exposed to
during their work. Hazard communication starts here.
20. KEY STEP 1 INSPECT THE FACILITY Key elements of a proper
inspection report are: Title Page full street address including ZIP
& County 2. Signature Page inspector name & State ID# 3.
Letter to Building Owner affirmation of scope 4. Executive Summary
Keep It Simple Smarty 5. Table of Contents 6. Body of Report For
more information refer to the WDNR guidance document
http://dnr.wi.gov/files/PDF/pubs/am/AM401.pdf 1.
21. KEY STEP 1 INSPECT THE FACILITY Proper Inspection Report
Identify exterior and interior suspect materials. State whether any
suspect materials were inaccessible during the inspection. Provide
means of identifying sample locations at the site. Categorize and
provide an estimated quantity and condition of the asbestos
containing materials (ACM). Include written recommendations for
disposition of ACM identified.
22. KEY STEP 1 INSPECT THE FACILITY Proper Inspection Report
Each building should be a separate, detailed discussion if
including multiple structures in the same report. Include
photographs, building drawings or sketches. Provide a copy of all
sample collection data, chain of custody forms, and lab analysis
reports. Provide a copy of the inspectors certification card. Other
helpful documents such as state or federal regulations/guidance
documents, or other printed material, if pertinent.
23. KEY STEP 1 INSPECT THE FACILITY Proper Inspection Report
Include any other harmful materials identified such as: suspected
or tested lead based paint or components CFCs (chlorofluorocarbons)
and halons Mercury PCBs (polychlorinated biphenyls) For a more
inclusive list, refer to the WDNR Publication WA-651 Planning Your
Demolition or Renovation Project (formerly called Pre-Demolition
Environmental Checklist)
24. KEY STEP 2 NOTIFICATION Basic Determinations for Type of
Notice to File Scope of work? Demolition/Fire Training Burn or
Renovation / O&M Type of structure? Commercial/Industrial or
Single Isolated Residential Quantity & type of materials? >
or = to 260 lineal, 160 square or 35 cubic feet Friable quantity
and Non-Friable quantity Within City of Milwaukee?
itmdapps.milwaukee.gov/MyMHome/SearchDB2_prod.jsp
25. KEY STEP 2 NOTIFICATION SCOPE OF WORK - Demolition Project
Commercial/Industrial buildings and residential buildings with 5 or
more units require notification to the DNR. ALL demolition projects
of subject properties require DNR notification whether or not
asbestos is present on the project site. Even small quantities are
DNR on demos, not DHS. You must file a 4500-113 form allowing for a
10-work day waiting period either on line (using ARDN) or by mail
(postmarked 10 work-days ahead) before beginning any demolition
activity, including any asbestos abatement.
26. KEY STEP 2 NOTIFICATION SCOPE OF WORK - Demolition Project
Contiguous properties may be notified together on the same notice,
attach (upload) a chart indicating what materials are in each
structure. Non-friable ACM that will not be removed before
demolition needs to be notified - including those assumed to
contain asbestos. The notice should include the demolition
contractor information. If it is marked as TBD, the project could
be delayed if the DNR needs time to review the contractor. If the
project is in the City of Milwaukee, a permit is required.
27. KEY STEP 2 NOTIFICATION SCOPE OF WORK - Demolition Project
Single isolated residential building (with 4 or less units and not
part of a larger project) is exempt from WDNR notification but
notify DHS when removing ACM that cannot be left in place during
demo. You must file a DHS form F-00041 before beginning any
abatement activity, including any site set-up. The form will be
accepted on line (using ARDN), by facsimile , USPS mail service or
via email at [email protected] . Although you may file
the notice the same day as the work, allowing two or more days in
advance reduces the fee. Mailing the form must allow for the
postmark to be at least 4 working days prior to project start
date.
28. KEY STEP 2 NOTIFICATION SCOPE OF WORK Fire Training Burn
Project Commercial/Industrial buildings and ALL residential
buildings to be used for a fire training burn require notification
to the DNR. DHS does not require a separate notification. You must
file a 4500-113 form allowing for a 10-work day waiting period
either on line (using ARDN) or by mail (postmarked 10 work-days
ahead) before beginning any fire/SWAT training or demolition
activity that disturbs the asbestos before abatement.
29. KEY STEP 2 NOTIFICATION SCOPE OF WORK Fire Training Burn
Project Residential buildings not typically filed with the WDNR are
allowed a flat reduced fee for a pre-demolition notification. Be
prepared to upload the inspection report or mail it in with the
notification. Single isolated residential buildings with less than
5 units do not require notification to the DNR regardless of
whether a large amount of RACM is present or whether it is a
renovation or demolition unless they will be used for a
fire-training burn.
30. KEY STEP 2 NOTIFICATION SCOPE OF WORK Renovation Project
Renovation projects only require notification when asbestos removal
is involved but keep your inspection report handy!
Commercial/Industrial buildings and residential buildings with 5 or
more units require notification to the DNR, provided the quantities
exceed the 160 square/260 linear/35 cubic feet of regulated
asbestos-containing materials (RACM) thresholds. For the DNR, you
must file a 4500-113 form allowing for a 10- work day waiting
period either on line (using ARDN) or by mail (postmarked 10
work-days ahead) before beginning any renovation activity,
including any asbestos abatement.
31. KEY STEP 2 NOTIFICATION SCOPE OF WORK Renovation Project
DHS does not require notification in addition to the DNR, they are
able to share the DNR s project information. Projects with less
than the RACM thresholds must be notified to DHS before setting up
for abatement activity. This applies also to enclosure,
encapsulation or repair of friable asbestos greater than 3 square
or 3 linear feet. DHS does not allow a notice to be placed on hold.
Phased projects can be filed with DHS when work does not take place
on the project in the one mobilization. On the form this is under
Planned Renovation and a overall date span is needed.
32. KEY STEP 2 NOTIFICATION SCOPE OF WORK Renovation Project
You must file a DHS form F-00041 before beginning any renovation
activity, including any site set-up. The form will be accepted on
line (using ARDN), by facsimile , USPS mail service or via email at
[email protected] . Although you may file the notice
the same day as the work, allowing two or more days in advance
reduces the fee. Mailing the form must allow for the postmark to be
at least 4 working days prior to project start date. If the
potential exists for non-friable materials to become friable
(RACM), file online (ARDN) with DHS or mail a hard copy to DNR as a
courtesy copy.
33. KEY STEP 2 NOTIFICATION SCOPE OF WORK Renovation Project If
the project falls under small quantity/operations & maintenance
(O&M) activity (one waste bag no larger than 60x60 properly
filled & sealed) no notification is required to either agency.
Home owners can do their own removal as long as they live in the
home. If it is a rental, the property owner must be
trained/certified to perform asbestos abatement. Any non-family
helpers or contractors would need to be trained/certified to
perform asbestos abatement. Notification to DHS is still required
prior to set up.
34. KEY STEP 2 NOTIFICATION SUMMARY - Renovation Projects
Notify the DNR for renovation projects only when quantities of
asbestos to be abated exceed 160 square feet or more than 260
linear feet of regulated asbestos-containing material. If square
footage or linear footage cannot be quantified, notify when the
quantity exceeds 35 cubic feet of off-facility component material.
Do not separately notify the DHS. Notify the DHS for all other
quantities of regulated asbestoscontaining materials and/or any
quantity or category of nonfriable asbestos-containing materials
using form F-00041. The notification will be accepted on line
(using ARDN), by facsimile, USPS mail service (allow for mailing
time) or via email at [email protected] .
35. KEY STEP 2 NOTIFICATION ADDITIONAL ADVICE & TIPS Have a
thorough inspection in hand in order to determine what regulation
requirements affect your project. Asbestos not identified in
pre-inspections lead to change orders, the possibility of materials
being mishandled by non-certified personnel, and potential
enforcement actions from the WDNR. It is strongly encouraged that
all WDNR notices be electronically filed. Bonus: Immediate
confirmation of entries. ALL personnel filing on ARDN need to be
registered individually and can all be connected to one company.
(Remember to have ex-employees removed from company permissions.)
Dont forget to pay the fees immediately to WDNR.
36. KEY STEP 2 NOTIFICATION City of Milwaukee DNS Asbestos
Abatement Permits If the demolition or renovation project is within
the limits of the City of Milwaukee the Department of Neighborhood
Services, may require an Asbestos Abatement Permit per the Code of
Ordinances Chapter 66-10, 66-12 & 66-19. The calculations are
based on the quantity of material being abated - regardless of
friable or non-friable category. DNS refers to this as unity
meaning the fractional amounts of the quantity requirements exceed
one (1).
37. KEY STEP 2 NOTIFICATION City of Milwaukee DNS Asbestos
Abatement Permits 113 ln ft pipe insul 260 = 0.43 130 sq ft floor
tile 160 = 0.81 Added together = 1.24 (>/=1.0 = PERMIT) 90 ln ft
pipe insul 260 = 0.35 100 sq ft floor tile 160 = 0.63 Added
together = 0.98 (