Introduction

Explain some of the major changes in the revision to ICR 56

Correlate revisions to federal

regulations (EPA & OSHA)

Christopher Alonge, PENYS DOL DOSH ESU Senior Safety and Health Engineer

Why were revisions necessary?

To comply with OSHA (29 CFR 1926.1101) & EPA regulations (40 CFR 763, 40 CFR 61)

To clarify many portions of ICR56 and include existing AVs within the code rule

ICR 56 Major Revisions

Many preliminary comments were submitted by stakeholders regarding the January 20, 2004 draft of the revised code rule.

The comments were reviewed by the Department and appropriate revisions incorporated into the revised code rule.

The previous January 20, 2004 draft together with the revisions represent the final document released to the public on July 20, 2005.

General Rulemaking Process Governor’s Office of Regulatory Reform

(GORR) Approval Publication of Major Changes to Proposed

Rule in State Register Proposed Rule available through DOL Official Public Comment Period (60 days) Comment Responses Generated Final Revisions due to comments Adoption of Rule Announced in January

11, 2006 State Register

Current Rulemaking Status

Rule Adopted, Transition Period Until September 5, 2006 Effective Date

Comment Responses Spreadsheet generated by DOSH Engineering & Located on Website

Amended Code Rule 56 Located on Website

Transition Period information Located on Website

Guidance document to be released by Amended Code Rule effective date September 5, 2006

Transition Period

Old or New Code Rule may be used for Asbestos Projects through September 4, 2006

Only New Code Rule for Asbestos Projects starting September 5, 2006

If site-specific variance used for Asbestos Project, use Code Rule that variance is based upon for that Asbestos Project.

Effective September 5, 2006 all variance submissions must be prepared and submitted by a currently certified Project Designer.

Supplemental Documents

Guidance

The revised Code Rule can not address every situation. DOL is developing a guidance document to supplement the regulation and to assist stakeholders in implementing the regulation

The guidance document will be based upon current interpretations/clarifications and responses to pertinent comments received

Supplemental Documents (cont.) Site-Specific Variances

All site-specific variances valid until termination date of variance decision.

New Site-specific variances will be valid for one year starting September 5, 2006.

All new site-specific variance decisions are based upon new amended code rule.

Submissions not based upon new code rule must be revised accordingly, before decision is granted by ESU.

Supplemental Documents (cont.) Other Variances

All existing AVs, BVs, and Systemwide-Statewide Variances will terminate on September 4, 2006

Petitioners will be contacted prior to termination date, to allow for necessary submissions based upon the new code rule

AV-107 for controlled demolition asbestos projects at municipally owned vacant residential buildings/structures is being re-evaluated, and a new AV may be issued by September 5, 2006

Typical Expected SSVs

Contaminated Area/Space Cleanup Crawlspaces with Soil Floors Large Tent Enclosures with Friable ACM Gross Removal Incidental Disturbance Cleanup - greater than minor size Dry Removal Intact Component Removal Floor Covering/mastic removal without hardwall barriers Negative Air exhaust greater than 25 ft. Decontamination Unit Size Reduction due to Logistics Exterior Friable ACM or Non-friable ACM rendered friable

abatement Controlled Demolition Asbestos Project for structures not

unsound No Plasticizing on cleanable surfaces Elevated Abandoned piping/conduit Wrap & Cut/Glovebag

Removals

Multi-employer Worksites Asbestos Abatement Contractor responsible to inform

all employers at worksite about nature of their work, as well as PACM, ACM and asbestos material (known and assumed) at the work site.

Asbestos Abatement Contractor responsible to inform all non-asbestos contractors regarding prohibition of disturbance to PACM, ACM, and asbestos material at worksite.

Asbestos Abatement Contractor responsible for notification to owner, all employers and occupants, located in areas adjacent to Asbestos Project work areas, for each occurrence of elevated air sample results, resulting work stoppage and barrier inspection/repairs completed due to elevated air sample results.

Multi-employer Worksites (cont.) All non-asbestos contractors responsible for notification to

owner or their auth. representative upon discovery of PACM or suspect miscellaneous ACM that has not previously been identified within required inspections/surveys.

Building/structure owner or their auth. representative responsible to inform all employers expected to be at worksite during the project, about the presence, location and quantity of PACM, ACM or asbestos material, within the portion of the building/structure impacted by the entire project.

All contractors performing a supervisory role on demolition, renovation, remodeling or repair projects, shall prohibit disturbance of PACM, ACM or asbestos material by non-asbestos contractors under their direct supervision and control, and shall require all asbestos contractors to be in compliance with the code rule.

Cleanup of Uncontrolled ACM Disturbance Who is responsible?

Upon discovery of uncontrolled disturbance, the Owner must contract with licensed asbestos contractor for immediate isolation and cleanup of disturbed ACM

The Owner shall vacate and generally isolate (cordon off and turn off impacted HVAC systems) the room/area/space from remainder of building/structure, until Asbestos Contractor arrives on site for completion of isolation procedures and immediate clean up of disturbance.

Phase I(Prior to Asbestos Abatement

Contractor Mobilization)Pre-Abatement

Phase II

Start-------------------------Abatement-------------------------End

A B A B C D

Asbestos Survey,

Planning & Design

Background Air

Sampling

Regulated Abatement

Work Area(s)

Preparation & Enclosure Construction

Asbestos Handling including,

Gross Removal or Abatement,

Initial Cleans and

Waste Removal

Final Cleaning & Clearance

Air Samples

Final Waste Removal From Site

Start----------------------------------Asbestos Project------------------------------------End

Asbestos Project Phases of Work

Definitions Asbestos Project Phasing chart

See chart within asbestos project definition(Phase IA-IB & IIA-IID) Other major definitions added

Daily Project Log PACM & Suspect Misc. ACM OSHA work classes Adequately wet Building/Structure Owner’s Authorized Representative Multi-employer work sites NESHAP RACM NESHAP non-friable categories NOB ACM AHERA-Bulk Sampling Categories - TSI, Surfacing & Suspect Miscellaneous Asbestos Contractor Asbestos Abatement Contractor Asbestos Survey Regulated Abatement Work Area

Recordkeeping/Notifications

Recordkeeping requirements clarified for non-abatement asbestos contractors

Project Record to be available on-site with owner’s representative during the active portion (phase II) of an asbestos project.

i.e. full-time project monitor or asbestos abatement contractor would be typical owner representatives – covered in guidance

Building owner responsible to maintain entire project record upon conclusion of asbestos project.

Copies of all project records for past asbestos projects to be turned over to new building/structure owner upon transfer of ownership

Notification requirements clarified for non-continuous asbestos projects

Project Air Sampling Asbestos Abatement Contractor independent of air

monitoring firm (must be contracted separately by owner)

Quantity of ACM in work area determines air sampling requirements for work area

Air sampling Technician on-site for duration of sample collection

Allow TEMs instead of PCMs for clearance

TEM clearance – AHERA protocols for clearance, unless TEM analysis of failed PCM air samples. If AHERA protocol not used for TEM clearance, ICR 56 clearance sampling and clearance criteria applies

Project Air Sampling Table 2 – Asbestos Project Air Sampling Requirements

Major changes

Define requirements & criteria for background air samples

Preabatement air samples – replaced with work area preparation samples for large project friable ACM

Negative air exhaust – banking allowed

Clearance for Minor – required for incidental disturbance & if part of small or large project

 Air Sampling Requirements

byAsbestos Project & Regulated

Abatement Work Area Size

 Phase I B

Background Air Sampling

 Phase II AWork Area

Preparation Air Sampling

 Phase II BAsbestos Handling

Air Sampling

 Phase II C

Final Cleaning & Clearance Air

Sampling

LARGE ASBESTOS PROJECT OR LARGE SIZE REGULATED

ABATEMENT WORK AREA

Required Required(5) Required Required(6)

 Minimum Samples

Required (1)

5 Inside Regulated Abatement Work Area

&5 Outside Regulated

Abatement Work Area in Building/Structure (2)

1 per decontamination entrance/exit1 per negative air exhaust or per bank of 5 exhausts

2 at critical barriers1 outside the building/structure

5 Inside Regulated Abatement Work Area(7)

&5 Outside Regulated

Abatement Work Area in Building/Structure (2)

SMALL ASBESTOS PROJECT OR SMALL SIZE REGULATED

ABATEMENT WORK AREA

Required Not Required Required(6)

 Minimum Samples

Required (1) 3 Inside Regulated

Abatement Work Area &

3 Outside Regulated Abatement Work Area in

Building/Structure (2)

03 Inside Regulated

Abatement Work Area &

3 Outside Regulated Abatement Work Area in

Building/Structure (2)

MINOR ASBESTOS PROJECT OR MINOR SIZE REGULATED

ABATEMENT WORK AREA

Not Required Not Required Required(3, 4)

 Minimum Samples

Required (1) 0 0 1 Inside Regulated

Abatement Work Area &

1 Outside Regulated Abatement Work Area

Notes:(1)    For sample location and total number required, see Subparts 56-6 through 56-9.(2)    1 sample outside the building/structure if entire building/structure is regulated abatement work area.(3)    Required on glove bag failure or loss of integrity, or tent failure or loss of integrity.(4)    Required for an Incidental Disturbance Project or if minor size regulated abatement work area is part of small or large asbestos project.(5)    Required for all OSHA Class I and Class II Friable ACM asbestos projects.(6)    During IIC final cleaning stage, air sampling as per Phase IIB is required.(7)    One additional inside sample shall be required for every 5,000 sq. ft. above 25,000 sq. ft. of floor space within the regulated abatement work area.

Asbestos Survey/Inspection When is a survey required and by who?

Prior to Building/structure demolition, remodeling, renovation or repair for non-agricultural buildings/structures with construction commencement before 1974 unless condemned and structurally unsound

Portion of Building/structure impacted by project shall be inspected/surveyed for ACM by an asbestos contractor w/appropriately certified personnel

Asbestos Survey/Inspection(cont.) Survey Exemptions and what they mean

Not required for agricultural building

Not required for structurally unsound structure

However, controlled demolition shall be an asbestos project (as per ICR 56-11.5)

Not required for owner of one or two-family dwelling, when the owner contracts for but does not control the demolition, renovation, remodeling or repair work

NOTE: survey required by owner’s agent

However, all contractors hired by the owner must still comply with OSHA & EPA, so all PACM and suspect misc. ACM is treated and handled as ACM and is assumed to be ACM until proven otherwise by appropriate laboratory analyses

Work Area Preparation Asbestos Abatement Contractor Daily Project Log – summary

of required entries

Decontamination Units

Eliminate airlock at work area

Define Clean room min. size

Include personal decon remote as well as when and how they may be used (some special projects, non-friables & tent with glovebag)

Remote waste decon eliminated

Small Project personal decon reduced to 3 chambers

Electric shutdown/isolation

shutdown exemption procedures included

Work Area Preparation(cont.)

Engineering Controls

Modify Negative air requirements

Eliminate piggy-back and restrict exhaust duct tubing to a maximum of 25 feet in length from neg. air unit

Reduce 50 foot exhaust requirement to 15 foot, or if exhaust directly to exterior, then seal openings within 15’ of exhaust location

Use of Manometer for OSHA class I Large & Small asbestos projects – document twice per shift

Exhaust Termination Location protected/surrounded by construction fencing

Work Area Preparation(cont.) Barriers & Exemptions

Floor, Wall & Clg. plastic sheeting – eliminate sheeting on removal surfaces

Neg. press. Tents

Any quantity non-friables

Any quantity friable TSI w/glovebag-only abatement

Minor and small quantity gross removal of friable ACM w/contiguous decon. on small projects

Fire-retardant Spray Plastic

In lieu of 2 layers floor, wall & clg. plastic sheeting

Applied by trained personnel

Special Projects – See Subpart 11

Removal of ceilings and components to access ACM – similar to former AV-86

Handling Pre-abatement waiting period reduced to 4 hours and eliminated for

exterior work where negative air is not required

Daily Inspection/repair required for barriers and negative air systems

Sequential Abatement - Multiple Abatement within a single regulated abatement work area

Top-down abatement and most friable to least friable

For example, ceiling friables, TSI, wall plasters and other friables, then class II non-friables other than flooring, ending with class II non-friable flooring

One complete cleaning at conclusion of each abatement type, clearance at conclusion of all abatement and cleanings

When is Dry Removal allowed – never according to the code…guidance issue…obtain written EPA approval first then submit for SSV with EPA approval

Final Cleaning Procedures Process and settling periods

Still 3 cleans, but exemption from multiple cleans when no sheet poly required or tent enclosure is used

2 Cleans required for pre-demo asbestos projects with 1 layer of sheet poly

Reduction in some of the settling/drying periods Visual Inspections required following final cleaning and settling/drying

period Small and Large size work area visual inspection to be

performed by project monitor hired by building owner independent of asbestos abatement contractor. Visual inspection as per ASTM E1368 to confirm that the scope of abatement is complete and no visible debris, residue or pools of liquid remain.

Supervisor responsible for completeness inspection prior to project monitor inspection.

Clearance Procedures Exemption for exterior asbestos projects without negative

pressure enclosures.

A satisfactory visual inspection shall serve as the clearance for these asbestos projects – exception included for 1-2 family owner-occupied residential building/structures – supervisor’s inspection allowed but must be acceptable to owner

Once appropriate clearance has been obtained for an asbestos project, remaining work area prep shall be removed, concluding with the decontamination system enclosures

Waste Removal from site All waste to be removed from work site within ten

calendar days after successful completion of Phase IIC clearance procedures for all work areas (or turned over to owner for owner’s disposal)

All waste removed from site shall be documented, accounted for and disposed of in compliance with EPA NESHAP

Special Projects In-Plant Operation changes and what they mean

Same as before, but now allowed ACM materials include any quantity non-friable organically bound (NOB) ACM by outside asbestos contractors

Note – Only current ELAP approved labs can make the NOB ACM determination from bulk samples of non-friable suspect ACM material

Emergency projects-must call for approval to proceed with project. SSV may be necessary

Minor Projects

decontamination room or area required

includes minor size work area and isolated O & M event

Special Projects(cont.) Pre-demo projects

Non-porous salvage items may be removed prior to abatement – no disturbance to ACM

Porous walls and floors – one layer of plastic sheeting required instead of 2 layers.

Non-porous cleanable walls, floors and ceilings don’t require plastic sheeting.

Controlled Demolition w/ACM in place - similar to AV-106

Special Projects (cont.) Exterior Non-friable roofing, siding, caulking, glazing

compound, tars, sealers, coatings & other non-friable ACMs – similar to AV-84, AV-89, AV-119 & typical exterior caulking/glazing SSV

Non-friable flooring &Mastic – similar to AV-120

Critical barriers, isolation barriers & Negative air ventilation systems required at a minimum

Note – Beadblaster or other abrasive abatement methods require asbestos project abatement as per full requirements of ICR 56 including attached decon and 6 air changes per hour

Abandoned pipe/duct/conduit wrap & cut – similar to AV-87, only with less limitations