Asbestos NESHAP Regulations - Building Demolitions & Renovations
The
National Emission Standards for Hazardous Air Pollutants (NESHAP) are a series of pollutant specific
regulations which are designed to minimize the public's exposure to hazardous chemicals through use
of specific types of control equipment, and the implementation of various control methods or procedures.
The District has been delegated by the federal Environmental Protection Agency to enforce the NESHAP
provisions within its tri-county jurisdiction. The District administers all of the NESHAP regulations
including the sections applicable to the demolition and renovation of building structures which utilized
Asbestos Containing Materials (ACM) in their construction.
What is the Asbestos NESHAP?
The
Asbestos NESHAP regulations pertains to all public and commercial structures,
and applies to residential properties consisting of five or more dwelling units under one
roof or more than one residential structure on a single property. Many of these
buildings, regardless of their age, utilized asbestos containing materials (ACM) in their
construction.
Examples of ACM include, but are not limited to, paper backing of
linoleum, spray-on acoustic ceilings, and duct wrap on pipes and boilers. When these
types of materials are disturbed during demolition or renovation activities, asbestos
fibers may be released into the air which can create a significant health hazard.
The
Asbestos NESHAP (40 CFR Part 61, Subpart M) and District Rules and Regulations require persons,
agencies, and companies to determine if ACM is present in structures prior to renovation or demolition
activities. An evaluation, or "survey", must be performed to determine if asbestos is present. According
to State law, only surveys prepared by
California State Certified Asbestos Consultants (CAC)
are accepted by the District. Testing for asbestos can be done by a recognized
Asbestos Testing Lab.
If
asbestos is found to be present, the District must receive written notification at least 10 business
days prior to beginning work. In order to minimize the release of asbestos fibers, certain work practices
are required to be used. Persons whom may be exposed to fibers are required to wear personal protective
equipment. The
Asbestos Compliance Advisory
and
Requirement Flow Chart
provide general guidance, but are not meant as a substitute for advice from asbestos professionals or legal
counsel. Contact District Staff for additional information.
How do I comply with the Asbestos NESHAP?
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Inspect the area which will be disturbed for asbestos containing material. The survey
must be performed by a California State Certified Asbestos Consultant (CAC), or a person
assigned by the CAC who operates under the control and responsibility of the CAC. The survey results
must be thoroughly documented in a signed report from the CAC.
-
Notify the District if more than 260 linear feet, 160 square feet, or 35 cubic feet of Regulated
Asbestos Containing Material (RACM) is going to be disturbed; or if Category I or II material will be rendered
friable by the work methods employed. Contact the District to obtain the proper
Notification Form and
Instructions.
The current fee for a single Demolition or Renovation project is $284.00 For projects with Asbestos Abatement
accompanying a Demolition the fee is $568.00 (valid until June 30, 2021). See District
Rule 401(A).
-
Asbestos surveys must include:
A project drawing denoting the area being renovated or demolished,
the numbered location on the project drawing of every asbestos sample,
the CAC's OSHA Certification Number, and the
date when the CAC's current OSHA Certification expires.
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Notify the District at least 10 working days prior to any demolition, even if no RACM is present.
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Employ the use of proper work practices outlined in the asbestos NESHAP.
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Comply with worker safety requirements (Cal OSHA).