§ 8-9. Restriction of emission of hazardous air pollutants.
(a)
The provisions of 40 CFR part 61 shall apply and are adopted by reference.
(b)
No person shall demolish or renovate any structure subject to the provisions of 40 CFR 61 Subpart M without first obtaining an operative permit from the director.
(c)
Asbestos abatement projects; registration, notification and performance requirements.
(1)
Application. This section shall apply to:
a.
All persons that authorize, design, conduct and work in asbestos abatement projects; and
b.
All persons that monitor air-borne asbestos and dispose of asbestos waste as a result of asbestos abatement projects.
(2)
General provisions for asbestos abatement projects.
a.
Registration. Any person that conducts an asbestos abatement project must register with the State of Missouri Department of Natural Resources (MODNR) according to 10 CSR 10-6.240. This registration is renewable annually.
b.
Certification. Any individual that participates in an asbestos abatement project operating in Kansas City, Missouri must be certified by MODNR. This certification is renewable annually.
c.
Notifications. Any person undertaking an asbestos abatement project shall provide, at least 20 days in advance, written notification of the project to the director according to section 8-9(c)(3). The person shall also provide notification of the project completion according to section (6). Emergency asbestos abatement projects shall comply with the provisions of section (5).
d.
Abatement procedures and practices.
1.
Persons shall conduct asbestos abatement projects according to section (7) of this section.
2.
At each asbestos abatement project site the person shall provide the following information for inspection by the department:
i.
Proof of current MODNR registration;
ii.
Proof of current MODNR occupational certification for those individuals on the project;
iii.
Most recent available air sampling results;
iv.
Current photo identification for all applicable individuals engaged in the project; and
v.
Proof of passage of the training course for the air sampling technicians and photo identifications for air sampling technicians.
e.
Any person that authorizes an asbestos abatement project, asbestos inspection or any AHERA-related work shall ensure that Missouri registered contractors and certified workers are employed, and that all notification and post-notification procedures on the project are in compliance with 10 CSR 106.240 and 10 CSR 10-6.250 and RSMO ch. 643. Business entities that have exemption status from the state are exempt from using registered contractors and from post-notification requirements when performing in-house asbestos abatement projects.
f.
All information required must be submitted on forms as approved by the director. Failure to provide the required information in a legible manner, shall be a violation of this Code.
g.
Failure to comply with this section is a violation of this section and RSMO ch. 643. Compliance with this section does not relieve the participants from compliance with any other applicable federal, city and state rules, laws, standards or building codes.
(3)
Asbestos project notification.
a.
Any person undertaking an asbestos abatement project shall submit a notification to the department for review at least 20 days prior to the start of the project. Business entities with state-approved exemption status are exempt from notification except for those projects for which the EPA's National Emission Standards for Hazardous Air Pollutants (NBSHAPS) requires notification. The department may waive the 20-day review period upon request for good cause. The person who applies for the 20-day waiver must obtain approval from the department before the project can begin.
1.
The person shall submit the notification on a form approved by the director.
2.
If an amendment to the notification is necessary, the person shall notify the department immediately by telephone or FAX. The department must receive the written amendment within five working days following verbal agreement.
3.
Asbestos abatement project notifications shall state actual dates and times of the project, the on-site supervisor and a description of work practices. If the person must revise the dates and times of the project, the person shall notify the department at least 24 hours in advance of the change by telephone or FAX and then immediately follow-up with a written amendment stating the change. The department must receive the written amendment within five working days of the phone or FAX message.
4.
A nonrefundable notification fee of $175.00 will be charged for each project constituting ten square feet or 16 linear feet or greater. Persons conducting planned renovation projects determined by the department to fall under EPA's 40 CFR part 61 Subpart M must pay this fee and the inspection fees required in subsection 8-9(c)(4) of this Code.
5.
In projects constituting 160 square feet or 260 linear feet or more, the person shall submit the laboratory results of an asbestos sample analysis made to determine asbestos content. The director, on a case-by-case basis, may accept OSHA's Material Safety Data Sheets (MSDS), OMB No. 1218-0072, as fulfillment of this requirement provided that the MSDS meets the following conditions:
i.
The MSDS includes the percentage of the asbestos content; and
ii.
The director can be reasonably assured that the information provided on the MSDS applies to the area of asbestos removed, enclosed, encapsulated or demolished.
(4)
Inspections. There shall be a charge of $100.00 per inspection up to three inspections of any asbestos abatement project. The department shall bill the person for that inspection(s) and the person shall submit the fee(s) according to the requirements of the department.
(5)
Emergency project. Any person undertaking an emergency asbestos abatement project shall notify the department by telephone and must receive departmental approval of emergency status. The person must notify the department within 24 hours of the onset of the emergency. Business entities with state-approved exemption status are exempt from emergency notification for state-approved projects that are part of a NESHAPS planned renovation annual notification. The notice shall provide:
a.
A description of the nature and scope of the emergency;
b.
A description of the measures immediately used to mitigate the emergency; and
c.
A schedule for removal. Following the emergency notice, the person shall provide to the director a notification on the form approved by the director. It shall be submitted to the director within seven days after the onset of the emergency. The amendment requirements for notification found in 8-9(c)(3) of this Code are applicable to emergency projects.
(6)
Asbestos project post-notification.
a.
Any person undertaking an asbestos abatement project that requires notification according to section 8-9(c)(3) of this Code on the department form, shall notify the department within 60 days of the completion of the project. This notice shall include a signed and dated receipt for the asbestos waste generated by the project issued by the landfill named on the notification. This notice also shall include final clearance air monitoring results. The laboratory which analyzes final clearance air monitoring results shall attest that it complies with the requirement in section 8-9(c)(7)h. of this Code. The technician performing the analysis shall sign and date all reports of analyses.
b.
Business entities are exempt from post notification requirements but shall keep records of waste disposal for department inspection.
(7)
Abatement work practices.
a.
Work practices for asbestos removal projects (gross removal). A person who conducts an asbestos removal project that involves removing friable asbestos-containing materials (ACM) or nonfriable ACM which will be rendered friable during removal from structural items or equipment shall conduct the project according to the following requirements:
1.
The person shall isolate the proposed work area from other areas of the building and from outside areas. The person shall erect temporary partitions around the work area or install airtight seals over doorways, windows and ventilation system openings. The person shall use control curtains to close off doorways between the work area and decontamination facilities. The person may provide for makeup air, but the person must maintain reduced air pressure inside the work area until the work area has passed clearance air sampling. Where practical, the person shall install at least one clear window in a temporary partition. The window shall be no less than 18 inches square. The person shall install the window to allow direct visual observation of the work area from outside. Plastic sheeting used for the construction of airtight seals shall be at least four mil thick. Whenever possible, the person shall shut down and lock out heating and ventilation systems. If the person is unable to shut down these systems, the person shall make special provisions to ensure that airborne contamination cannot enter the ventilation system and infiltrate other areas of the building. The person shall post appropriate warning signs at all entryways into the work area. No individuals other than those involved with the project shall enter the work area before the area meets the requirements of sections 8-9(c)(7)10. through 12. of this Code and all other requirements applicable to the project;
2.
If the person intends to remove any items from the proposed work area before abatement begins, the person shall preclean the items using a high efficiency particulate air (HEPA)-filtered vacuum or wet cleaning methods. The person shall restore the items to the work area only after the area passes the final clearance air sample and meets all requirements applicable to the project;
3.
The person shall preclean all wall and floor surfaces that contain visible asbestos debris, other than those from which the person will remove asbestos, with an HEPA-filtered vacuum or wet cleaning methods. The person shall preclean any other surfaces in the work area that contain visible asbestos debris with an HEPA-filtered vacuum or wet cleaning methods. The person shall cover all surfaces except floors with plastic sheeting that is at least four mil thick. The person shall cover floors with a minimum of two layers plastic sheeting. Each sheet must be at least six mil thick. The person shall affix plastic sheeting on the walls in a manner that ensures that it will remain in position throughout the length of the project. The wall sheeting and the floor sheeting shall overlap enough to ensure a seal that will endure the entire length of the project. The person may use sprayed-on plastic instead of plastic sheeting if the person proposes this method in the notification prior to the start of the project. The person shall immediately repair any tears in the plastic sheeting required by this Code;
4.
The person shall install HEPA-filtered air filtration equipment in a manner that will continually filter air from within the work area. The capacity of the air filtration equipment shall be sufficient to filter the entire volume of air within the containment every 15 minutes or less. The air filtration equipment shall establish and maintain a flow of air into the work area from all adjacent areas as demonstrated by using smoke producing tubes or other appropriate means. The person shall perform this test daily and record the results for inspection by the department. The air filtration system shall exhaust air to the outside of the building through a duct installed in the plastic sheeting. The person shall establish an airtight seal between the plastic sheeting and the duct;
5.
The person shall provide a decontamination facility between the work area and adjacent areas. The decontamination facility shall contain at least three areas. Each area shall have a doorway covered by a control curtain. The areas of a decontamination facility shall meet these requirements:
i.
Individuals entering the work area must first enter a clean room. The clean room shall be free of asbestos contamination;
ii.
Individuals entering the work area must pass from the clean room into the shower room. Individuals exiting the work area must shower before entering the clean room. Individuals shall not take contaminated clothing or equipment into the clean room. The shower room shall contain at least one shower head that is supplied with hot and cold water. The shower room shall contain adequate supplies of soap and shampoo to accommodate all persons who emerge from the work area. Shower enclosures shall be leakproof, opaque and constructed of disposable or easily washable material;
iii.
Individuals leaving the work area must first pass through the equipment room. The equipment room shall temporarily store contaminated tools, equipment and protective clothing used in the work area. Items entering the equipment room shall be free of gross contamination before removal from the work area. Six mil thick plastic sheeting shall line the floor and walls of the equipment room; and
iv.
The person shall fully enclose all decontamination facility areas. The person shall build all of the areas contiguous to each other unless enclosed passageways connect them. Decontamination facilities shall remain functional until the project meets the requirements for removal of airtight seals and partitions according to this Code;
6.
The person may construct a waste load-out area between the work area and the exit. Asbestos-containing waste and asbestos-contaminated equipment may pass from the work area to appropriate receptacles outside the work area through the waste load-out area. The person shall totally enclose the waste load-out area. The entryway between the work area and the load-out area shall consist of both a control curtain and a rigid door or two control curtains separated by a minimum distance of three feet. The person shall secure the entryway except when using the entryway to transfer materials from the work area. The floor of the load-out area shall be at least six mil thick plastic sheeting. The floor shall be free of visible asbestos debris. The person shall remove the floor covering upon completion of the project and dispose of it according to section 8-9(c)(7)g. of this Code. Asbestos-containing waste that passes through this area must comply with applicable state and federal container and bagging requirements. Individuals who remove asbestos waste through the load-out area must enter the work area through the decontamination facility;
7.
The person shall wet the friable ACM with a water solution containing an effective wetting agent. The person shall maintain the ACM in an adequately wet condition during removal. The person shall test the effectiveness of the wetting solution by applying it to a representative sample of the material before the gross removal operation begins. The person shall not use the wetting process as the method for dislodging the friable ACM. The person shall maintain the removed friable ACM and asbestos-contaminated debris in an adequately wet condition and place it in sealed containers for disposal. The person shall clean up and bag all debris as soon as practicable;
8.
After removal of the ACM from the structural and equipment items, the person shall clean all plastic sheeting until free of visible debris with a HEPA-filtered vacuum or by wet cleaning methods. If the containment area contains more than one layer of plastic sheeting, the person may remove and dispose of the additional layer instead of cleaning it. The person shall enclose removed sheeting in a double layer of six mil or greater clear plastic and dispose of it in compliance with all applicable federal and state and local requirements. The person shall remove any liquid or solid material that leaks through the plastic sheeting by wet cleaning methods;
9.
After the removal is complete and while the final layer of plastic floor sheeting is in place, the person shall clean all surfaces in the work area free of all visible asbestos residues and then cover all surfaces from which ACM has been removed with a distinguishable sealing material;
10.
The person shall remove the final layer of plastic sheeting after the sealant is dry. If the project requires third party air monitoring, the air sampling professional(s) or their representatives shall visually inspect the area for visible asbestos-containing debris before conducting final clearance air sampling. Air samplers shall conduct final clearance air sampling according to the requirement of section 8-9(c)(7)h. of this Code. State-certified air sampling professionals or their technicians shall conduct all air sampling required by this Code;
11.
If the project passes final clearance air sampling, the person shall remove all critical barriers and temporary partitions. The person shall enclose the plastic sheeting in two six-mil or greater clear plastic leak-tight layers and dispose of it according to 8-9(c)(7)g. of this Code; and
12.
After the removal of critical barriers and temporary partitions, the person shall ensure that all surfaces in the work area are free of all visible asbestos debris.
b.
Work practices for asbestos encapsulation projects.
1.
In some cases encapsulation may control fiber release from friable ACMs on structural items or equipment. The person who performs encapsulation shall meet these requirements:
i.
The person shall use encapsulation only on ACM that is firmly bound to the underlying surface;
ii.
The person shall not encapsulate friable ACM located in areas subject to abrasive or other physical damage. The person may remove this ACM according to the requirement of section 8.9(c)(7)a. of this Code. The person must dispose of the ACM according to the requirement of section 8.9(c)(7)g. of this Code;
iii.
Encapsulant materials shall have acceptable adhesive and penetrating characteristic. The person shall test the encapsulant materials by applying the encapsulant to representative samples of the friable surface material and then removing a core sample for physical and visual inspection. The person shall repair the core immediately following visual inspection;
iv.
Encapsulant materials shall have acceptable flame retardant characteristics. En-
capsulant materials, when dry, shall not be noxious or toxic to applicators or to individuals who occupy the structure after the project is completed;v.
The person who repairs damaged portions of the surface before encapsulation shall use asbestos-free patching materials;
vi.
The person shall apply encapsulating materials with a sprayer that does not cause the release of fibers from the ACM at the application rates specified by the manufacturer or by the project specifications;
vii.
After application of the encapsulant, the person shall clean all plastic sheeting covering walls, ceilings, equipment and work surfaces in the area free of visible asbestos residue by wet cleaning methods; and
viii.
The person shall remove from the work area all asbestos-containing debris including accumulations that existed before the project started.
2.
The person who encapsulates friable ACMs located in any enclosed area that will be reoccupied shall conduct the project according to section 8-9(c)(7)a. of this Code and shall dispose of waste according to section 8-9(c)(7)g. of this Code.
c.
Work practices for outdoor areas. The department may waive the requirements of paragraph 8-9(c)(7)a.i. of this Code for a person who removes ACM from structural items and equipment installed in and accessible from outdoor areas. The person must meet these requirements:
1.
The person shall secure doors, windows or other openings located within 100 feet of the work area with plastic sheeting. The person shall use at least four mil thick plastic for this purpose;
2.
The person shall secure the work area by fences or other department-approved means. No individuals other than those engaged in the project shall pass within 50 feet of the work area. The person shall post appropriate warning signs at all entryways into the area. Warning signs shall remain until the project meets the requirements of paragraph 8-9(c)(7)c.4., 5. of this Code and all applicable requirements;
3.
The person shall wet the friable ACM with a water solution containing an effective wetting agent. The person shall maintain the friable ACM in an adequate wet condition during removal. The person shall maintain all debris in an adequate wet condition. The person shall place the wet debris in a double layer of clear six mil plastic for disposal;
4.
The person shall remove from the work area all friable asbestos-containing debris including accumulations that existed before the project started. Warning signs required by paragraph 8-9(c)(7)c.2. of this Code and access restrictions shall remain in place until the person removes all debris from the work area;
5.
The person shall clean visible asbestos residue from all surfaces. The person shall cover all surfaces with an effective distinguishable sealant. Warning signs required by paragraph 8-9(c)(7)c.2. of this code and access restrictions shall remain in place until the project meets these requirements; and
6.
Any individual leaving the work area shall remove outerwear prior to leaving the restricted area required by paragraph 8.9(c)(7)c.2. of this Code.
d.
Work practices for asbestos dismantling projects.
1.
The person who removes structural or equipment items covered with friable ACM without first stripping the ACM shall conduct the project in the following manner:
i.
If the person strips a portion of the surface for the purpose of cutting or mechanically disassembling the equipment, the person shall conduct the project according to subsection 8-9(c)(7)a. or i. of this Code; and
ii.
Before removing structures or equipment from the work area, the person shall wrap the items in a double layer of six mil plastic sheeting or the person shall place them in leaktight fiber or metal containers. The surface of the wrappings or containers shall be free of all visible asbestos residues. The person shall prevent damage to the containers. If damage to a wrapping or container occurs, the person shall immediately repair or replace the container or wrapping using wet cleaning methods or a HEPA-filtered vacuum.
2.
A person who removes structural or equipment items as described in paragraph 8-9(c)(7)d. of this Code shall comply with disposal requirements of subsection 8-9(c)(7)g. of this Code and applicable federal requirements or the person shall meet the following requirements:
i.
If the person will sell or reuse items treated according to paragraph 8-9(c)(7)d.i. of this Code, the person shall clean all surfaces free of visible asbestos residue and cover the surfaces with a distinguishable sealing material;
ii.
If the person removes friable ACM outdoors, the person shall comply with subsection 8-9(c)(7)c. of this Code and applicable federal requirements; and
iii.
If the person removes friable ACM indoors, the person shall carry out the project in an area specifically designated for the purpose and shall comply with subsection 8-9(c)(7)a. of this Code.
e.
Work practices for asbestos removal prior to and during demolition.
1.
The person who demolishes a structurally sound and safe structure that contains friable or nonfriable ACM shall meet these requirements:
i.
The person shall remove ACM according to subsection 8-9(c)(7)d. of this Code and all applicable federal requirements; or
ii.
The person shall remove all friable ACM and nonfriable category II ACM from the building prior to demolition. The person shall remove friable ACM according to the requirements of subsection 8-9(c)(7)a. of this Code and all applicable federal requirements. The person shall remove nonfriable category I ACM that is likely to release significant quantities of asbestos fibers.
2.
The person who conducts the demolition of unsafe buildings or parts of buildings containing asbestos may use the following procedures on those portions of the buildings that pose imminent danger to public health or safety, or both. All other parts of the buildings which contain asbestos are subject to all applicable laws and rules.
i.
A person who demolishes an asbestos-containing building must obtain a copy of the demolition order from the appropriate authority and submit it with an asbestos abatement notification to the director.
ii.
The person shall ensure that the debris is wet at all times and stays wet until disposal. The person shall ensure that the project activities generate no visible emissions.
iii.
The person shall ensure that on-site at all times during the demolition is an individual who is trained in asbestos removal techniques and who is certified as a competent person.
iv.
The person shall post signs notifying the public that an emergency exists.
v.
The person shall treat all debris generated by the demolition as regulated friable ACM. A registered asbestos abatement contractor shall remove the debris and shall dispose of it in accordance with subsection 8-9(c)(7)g. of this Code. If it is possible to segregate and decontaminate some debris, then the person may dispose of those materials that do not contain more than one percent asbestos in a demolition landfill. Certified asbestos abatement workers must perform the segregation and decontamination.
f.
Work practices for asbestos related enclosure projects. The person who encloses ACM shall follow these procedures:
1.
Before installing hangers, brackets or other enclosure supports, the person shall spray the surface of the ACM with amended water or an encapsulant. The person shall use a sprayer that does not cause release of fibers from the ACM at the application rates specified by the manufacturer or by the project specification;
2.
If the person uses a power drill or any tool which may disturb the ACM, the tool shall be equipped with HEPA vacuum filters;
3.
Before beginning to build the enclosure, the person shall adequately wet and remove any loose and hanging ACM. The person shall dispose of this material according to subsection 8-9(c)(7)g. of this Code;
4.
After installing hangers, brackets or other supports, and before building the enclosure the person shall repair the ACM using materials that do not contain asbestos;
5.
The person responsible for maintaining ACM enclosures shall identify the areas by signs, labels, color coding or some other mechanism to warn those who may disturb the enclosure that asbestos is present; and
6.
If the enclosure project disturbs ten square feet or 16 linear feet or more of ACM, the person must meet the requirements of subsection 8-9(c)(7)a. of this Code.
g.
Asbestos waste disposal work practices.
1.
All solid waste materials containing friable asbestos that result from an asbestos abatement project shall be handled in the following manner:
i.
All friable asbestos-containing waste shall be placed in leaktight containers in an adequately wet condition before it is removed from the work area. Waste containers shall consist of not less than two six-mil thick liquid-tight clear plastic bags unless the waste contains rigid or heavy objects that are likely to tear the bags. If bag damage is likely to occur, the waste shall be placed in fiber or metal containers that are equipped with a plastic bag liner and a leak-tight lid which can be firmly fastened in position. Large sections of structural items, such as pipe or duct work that has been removed with friable ACMs left in place, shall be tightly wrapped in not less than a double layer of six mil thick clear plastic sheeting for disposal purposes if they cannot be placed in containers. All ACM exposed during cutting or disjoining operations shall be adequately wet when wrapped;
ii.
The exterior surface of each container or individually wrapped object shall be free of all visible asbestos debris. An asbestos caution label and a source identification label shall be securely attached to each container or wrapping before it leaves the site;
iii.
Each waste container shall be carefully handled and transported in order to prevent breaking or opening. Whenever a container breaks or otherwise becomes unable to completely contain the waste, the container shall be immediately repaired or replaced. Any friable asbestos-containing waste materials that come out of the original container shall be immediately cleaned up after being wetted with water and placed in the replacement container;
iv.
Friable and category II nonfriable asbestos containing solid waste that is disposed of in Missouri shall be disposed of in a sanitary landfill having a state permit to operate. Category I nonfriable asbestos shall be disposed of in a demolition landfill or a sanitary landfill having a state permit to operate. The landfill shall handle all asbestos waste so that it does not become friable. Demolition landfills shall cover category I nonfriable asbestos-containing waste with at least six inches of soil or nonasbestos waste at the end of each operating day; and
v.
Waste shall be transported in enclosed roll-offs or dumpsters, vehicles that have completely enclosed cargo areas, or four-sided cargo area which shall be completely covered with six mil thick plastic sheeting or other equivalent covering while the waste is being transported. All visible debris remaining in the vehicle cargo area after the waste has been deposited at the disposal area shall be immediately removed by wet cleaning methods and disposed of in accordance with the requirements of subsection 8-9(c)(7)g. If asbestos waste is handled in a rented vehicle, the owner of the vehicle shall be notified that the vehicle will be used to transport asbestos waste.
h.
Air sampling.
1.
The department shall require final clearance air monitoring for all enclosed asbestos abatement work areas. The department shall require third-party final clearance air monitoring for all asbestos abatement projects of a magnitude of 160 square feet or 260 linear feet or greater conducted in an indoor work area. In-house projects conducted by state-exempted business entities using their own trained employees are exempt from this provision.
2.
The department shall require the following air samples:
i.
When the department requires third-party air sampling, the samplers will collect samples outside the work area to determined the effectiveness of work practices and control measures used to contain asbestos fibers inside the project area. The air sampling professional will determine the number, frequency and location of the samples. The department may require third party air monitoring on a case-by-case basis for any asbestos abatement project; and
ii.
After removal and clean-up activities are complete the owner and asbestos abatement contractor shall ensure that air samplers conduct aggressive air sampling on all projects described in paragraph 8-9(7)h.i. of this Code. Glove bag projects are exempt from aggressive air sampling. Glove bag projects shall employ nonaggressive area sampling during operations.
3.
Clearance criteria.
i.
An indoor work area of 1000 cubic feet or greater shall be available for reoccupancy when the results of five phase contrast microscopy (PCM) or transmission electron microscopy (TEM) samples are all less than one-hundredth fibers per cubic centimeter (f/cc). The microscopists shall perform PCM according to the National Institute for Occupational Safety and Health (NIOSH) 7400 method or TEM according to the NIOSH 7402 method or an equivalent method approved by the department. If any one of the five samples reveals an airborne fiber count greater than one-hundredth f/cc the asbestos abatement contractor shall clean the area again. Air sampling professionals or their technicians shall conduct aggressive final clearance air sampling again. This process shall continue until the air sampling results are at or below one-hundredth f/cc.
ii.
Indoor asbestos abatement work areas of less than 1000 cubic feet shall require two PCM or TEM samples taken from each work area. Both samples must be less than one-hundredth f/cc before the air sampling professional can clear the area for reoccupancy.
iii.
If all sample results done on PCM are higher than one-hundredth f/cc, then the air sampling professional may choose to direct the laboratory to perform TEM using the NIOSH 7402 method on the highest sample. If the TEM analysis indicates the asbestos fiber level is less than one-hundredth f/cc, the air sampling professional may clear the area for reoccupancy.
iv.
The air sampling professional may request a waiver of the one-hundredth f/cc clearance level required by subparagraphs 8-9(c)(7)h.3.i. through iii. for an asbestos abatement project where the sampler can demonstrate that the background levels exceed the one-hundredth f/cc enforcement level. The department may require the air sampling professional to document that the background interference is from sources not associated with the asbestos abatement project. The background air samples shall be of sufficient number and strategic placement to be acceptable by the department.
4.
The asbestos air sampling professional shall have the following responsibilities. Failure to meet those responsibilities may result in decertification. The air sampling professional shall:
i.
Utilize trained air sampling technicians;
ii.
Assure that the microscopist employs the WIOSH 7400 method when performing PCM on air samples from an asbestos project;
iii.
Assure that the microscopist employs the NIOSH 7402 or an equivalent method when performing TEM on non-AHERA air samples; and
iv.
Assure that the laboratories utilized have the proper accreditation. The accreditation organizations are the American Industrial Hygiene Association (AIHA) and the National Voluntary Laboratory Accreditation Program (NVLAP). The air sampling professional may utilize persons on the Asbestos Analysts Registry.
5.
The contractor and the owner shall keep the air monitoring results for three years. The person shall make the results available to representatives of the department upon request. The contractor shall provide final clearance air monitoring results to the department within 60 days of the close of the project. All AHERA projects shall comply with EPA air monitoring requirements as found in 40 CFR part 763.
i.
Work practices for glove bag projects. The department limits use of glove bags to projects of less than 260 linear feet. The department requires precleaning of any loose asbestos debris in the immediate area of the glove bag project. The director may require portions of paragraph 8-9(c)(7)a.1. if the asbestos project warrants this action to protect health and the environment.
1.
The person shall use six mil thick or thicker leak-tight glove bags according to the manufacturer's instructions or an equivalent procedure. The person shall supply a copy of the instructions to the department representative for inspection at the work site. The person shall not use glove bags on surfaces having a temperature of 150 degrees Fahrenheit or greater.
2.
The person shall post appropriate warning signs at all entryways to the work area. The person shall restrict access to the work area to individuals who have responsibilities directly related to the project. The restrictions and the signs shall remain in place until the project meets all applicable requirements.
3.
The person shall tightly enclose in six mil plastic any surface which has loose or damaged ACM attached to it until the person can place a glove bag over the pipe and remove the ACM.
4.
The person shall ensure an airtight seal between the glove bag and the surface until the person removes the glove bag. The person shall not use the same glove bag for more than one section of pipe. The person shall not move the glove bag from one section of pipe to another.
5.
The person shall maintain the ACM in an adequately wet condition while removing it. The person shall maintain the removed ACM in an adequately wet condition while it remains in the glove bag. The person shall use an HEPA-filtered vacuum to evacuate air from the glove bag.
6.
Before the person seals and removes the glove bag for disposal, the person shall clean all surfaces stripped of ACM until free of visible asbestos residues.
7.
Before removing warning signs and access restrictions to the work area, the person shall apply a distinguishable sealing material to all surfaces stripped of ACM and to any friable ACM exposed as a result of the removal process.
8.
Before removing warning signs and access restrictions to the work area, the person shall ensure that the work area is free of all visible asbestos-containing debris, including accumulations that existed prior to the start of the project.
9.
If there is any asbestos contamination of the work area due to damage or improper use of glove bags, the person shall immediately stop the project activities. If damage occurs to any friable ACM within the work area, the person shall immediately stop the project activities. The person shall thoroughly clean with a HEPA-filtered vacuum or by wet cleaning methods all asbestos-contaminated surfaces. Each individual who is contaminated with asbestos fibers from project activities including clean-up operations shall remove or clean clothing with a HEPA filtered vacuum or by wet cleaning methods before leaving the work area. The person shall notify the department of the date, nature and clean-up measures used for these occurrences before individuals other than those involved in the project occupy the area. The department may require additional cleaning before allowing reoccupation of the area. The person may use mini-containment procedures during glove bag operations if they are necessary to provide increased protection for health and environment.
j.
Additional provisions.
1.
The person who uses any technology not identified in this rule shall list that technology on the asbestos abatement notification. The person shall receive written approval for the use of the technology prior to the start of the project. Failure to comply with this section shall be a violation of this rule.
2.
An asbestos abatement supervisor shall be available at the work site during the hours that a project is being conducted.
3.
Waiver. The department may waive any individual requirements section 8-9(c)(7) on a form furnished by the director. Except in cases where the department waives the 20-day waiting period, the person requesting the waiver must receive approval of the waiver before the project begins.
4.
Business entities that have exemption status from the state are exempt from the work practices of section 8-9(c)(7) for in-house asbestos abatement projects which have been specified as part of normal maintenance activities.
(Code of Gen. Ords. 1967, § 18.90; Ord. No. 56726, 8-2-84; Ord. No. 960782, § A, 8-8-96)