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2009 Annual Asbestos and Lead Workshop

2009 Annual Asbestos and Lead Workshop. Presented by the LDEQ Office of Environmental Services and the Office of Environmental Compliance A pril 30, 2009. Introduction of OES Staff Permit Support Services Division. Nathan Levy, Administrator

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2009 Annual Asbestos and Lead Workshop

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  1. 2009 Annual Asbestos and Lead Workshop Presented by the LDEQ Office of Environmental Services and the Office of Environmental Compliance April 30, 2009

  2. Introduction of OES StaffPermit Support Services Division Nathan Levy, Administrator Jodi G. Miller, Environmental Scientist Manager Mia Townsel, Environmental Scientist Supervisor Becky Barbier, Asbestos Accreditations Tabitha Tourere, Asb Accreditations & Tr Providers Charlie Bennett, Asbestos Management Plans Dennis Strickland, Asbestos Notifications, ADVFs Robert Williamson, Lead Accreditations, Tr Providers Lee McNabb, Asbestos Notifications, ADVFs backup

  3. Introduction of OEC StaffSurveillance Division Dirk Kavanagh, Environmental Scientist Staff, ARO (Laf) Mickey Drury, Environmental Scientist Staff, SERO (N.O.) Raymond Guillaume, Environmental Scientist Sr, HQ (B.R) April Baiamonte, Dominique Duplechain, Davina Simms & Lindsey Maloan , Southeast Regional Office (N.O.) Tammy Toups and Malcolm Andry, Bayou LaFourche (Thib) Marla Cobb, Faye Taylor, Daniel Cheatham, Capitol Region (B.R.) Ricky Fontenot & Rhonda McCormick, Acadiana Region (Laf) James McKeivier, Southwest Regional Office Suprv (L.C.) Todd Broussard & Matthew Todd, Southwest Region (L.C.) Ray Robison, Kisatchie Office (Alex) Tommy Perryman, Northeast Region (Monroe) Ashley Belle & Ada Simon, Northwest Region (Shreveport)

  4. OES Staff Reminders Complete All Forms by Filling in All Blanks; “NA” is Not Appropriate for Required Information; Use current forms posted on the websites; AAC-2: Must Complete Section XVI – Description of Removal Methods (Required by Regulations, LAC 33:III.5151); Facilities must be Inspected Prior to All Renovations or Demolitions; Notification Must be Submitted for all Demos; Respond Timely to All Requests for Deficient Information, AAC-1, AAC-2, Forms Will Not be Processed which will Delay your Project; With the Exception of Emergencies, Demo/Reno Projects Cannot Begin Without Processing of the ADVF; Employees Cannot Begin Working Prior to the Accreditation Being Processed; Check Fee Calculations to Ensure Submittal of Correct Fees; Insufficient Fees Will Delay the Process.

  5. Promulgated 1/20/09 Expedited Penalty Regulations - LAC 33:I.807 LAC 33:III.Chapter 27 (Asbestos) LAC 33:III.2799.C - $ 200 per ocurrence Failure to teach (Refresher) courses meeting the minimum criteria & length of training specified , including hands-on specific to discipline LAC 33:III.2799.F.5.i - $ 200 per ocurrence Courses must be taught at least according to the criteria and length of training specified in LAC 33:III.2799.Appendix A LAC 33:III.2799.F - Training Provider $ 200; Trainer $ 100 per ocurrence Failure to renew Training Provider or Trainer recognition prior to conducting asbestos courses LAC 33:III.2799.F.5.c.i – ii and e - $ 150 per ocurrence Failure to submit applicable training course notification in writing (prior to class commencement, including changes in instructors, location, or time, or course cancellation (5 day class notice; 3 day state regs)

  6. Promulgated 1/20/09 Expedited Penalty Regulations - LAC 33:I.807 LAC 33:III.Chapter 27 (Asbestos) LAC 33:III.2799.F.5.d - $ 100 per occurrence Failure to submit a complete class roster of trainees. Chapter 27: Within 10 days of the completion of a class a complete roster of trainees, their driver's license or state identification numbers and the issuing states, and their examination grades, with a 1" x 1 1/4" photograph of the face of each trainee, must be submitted to the Office of Environmental Services on a form approved by the department

  7. Promulgated 1/20/09 Expedited Penalty Regulations - LAC 33:I.807LAC 33:III.Chapter 51 (Asbestos) LAC 33:III.5151.F.1 - $ 500 per occurrence Failure to thoroughly inspect the affected facility or part of the facility where a demolition or renovation operation will occur for the presence of asbestos, including Category I and II nonfriable ACM, prior to the commencement of the demolition or renovation LAC 33:III.5151.F.2.a - $ 200 per occurrence Failure to provide a typed notice of intention to demolish or renovate, using the latest version of Form AAC-2, Notification of Demolition and Renovation

  8. Promulgated 1/20/09 Expedited Penalty Regulations - LAC 33:I.807 LAC 33:III.Chapter 51 (Asbestos) LAC 33:III.5151.F.2.c.iv - $ 100 per occurrence Failure to provide notice of a new start date to the DEQ regional office if an asbestos renovation or demolition operation will begin on a date other than the one contained in the original notice LAC 33:III.5151.F.2.f.ii - $ 200 per occurrence Failure to submit a typed notification, as specified in LAC 33:III.5151.F.2.d and F.2.e within five working days after an emergency asbestos notification has been made by phone LAC 33:III.5151.F.2.g.vii - $ 200 per occurrence Acceptance of an invalid Asbestos Disposal Verification Form (ADVF) by a waste transporter or disposal site owner or operator

  9. Promulgated 1/20/09 Expedited PenaltyRegulations - LAC 33:I.807LAC 33:III.Chapter 28 (Lead-based Paint) LAC 33:III.2805.A & B.14 - $ 200 per occurrence Failure by a training provider to receive recognition prior to offering or claiming to provide, or providing, lead training courses for accreditation purposes LAC 33:III.2805.B.2.c- $ 100 per occurrence Failure by a training provider to employ qualified principal instructors; in particular, allowing trainers to teach courses without current accreditation in the disciplines they teach LAC 33:III. 2805.B.6 & 14.B- $ 200 per occurrence Failure to teach courses meeting the minimum criteria and length of training specified, including required hands-on training LAC 33:III. 2805.B.9 - $ 100 per occurrence Failure to timely submit a complete class roster of trainees within 10 days of course completion

  10. Promulgated 1/20/09 Expedited PenaltyRegulations - LAC 33:I.807LAC 33:III.Chapter 28 (Lead-based Paint) Expedited Process: LDEQ may conduct a file review of the Training Provider, Trainers, course notifications, rosters, audits, etc. LDEQ may conduct a file review of the Contractor; Surveillance may find violations during a site visit; etc. Violations are noted and submitted to enforcement; Enforcement verifies the information, calculates the total penalty, and submits a penalty notice to the company.

  11. AQ252 – Proposed Changes to Emission Standard for Asbestos Demolition/ Renovation Activity, LAC 33:III, Subchapter M, Asbestos, Section 5151 A courtesy copy of the proposed regulations was circulated to the regulated community; Comments were accepted and changes were made to the proposed language based on comments; The Regulation Development Unit will receive the proposed regulations shortly; Comments on the final proposed regulations may be made under AQ252 at: http://www.deq.louisiana.gov/portal/Default.aspx?tabid=1669 A Public hearing will be scheduled for interested parties: http://www.deq.louisiana.gov/portal/tabid/2848/Default.aspx Final regulations should be final in approximately 6 months.

  12. AQ252 – Proposed Changes to LAC 33:III.Subchapter M B. Definitions New – Added “Accessible” comparable to Ch 27; “Accredited or Accreditation” (referenced LELAP); New – “Asbestos Disposal Verification Form (ADVF)”; “Category I Nonfriable Asbestos” (added language consistent w/ Cat 2-when dry..pulverized by hand …); “Demolition” (added {permanent} and clarified, small facility components, such as a boiler or piping permanently removed is a renovation project, and is not required to be reported as a demolition project, provided it is identified as part of a specific renovation project); “Enclosure” (removed the word {building} from ACBM – currently is ACM);

  13. AQ252 – Proposed Changes to LAC 33:III.Subchapter M B. Definitions “Facility” (changed wording from {four or fewer dwelling units} to {greater than four dwelling units}; and added: {as part of a commercial or public project, such as clean up of natural disasters, urban renewal or highway right of way projects, are subject to the provisions}; “Facility Component” (clarified, {that is under the control of an owner or operator}); New – “Fiber Release Episode” (added-same as Ch 27); “Glove Bag” – corrected to new OSHA citations;

  14. AQ252 – Proposed Changes to LAC 33:III.Subchapter M B. Definitions “Grinding” added {punching}; “Inspection or Inspect” (removed periodic surveillance and references to Chapter 27); “Installation” – (clarified language by adding {residential structures that are demolished or renovated as part of a commercial or public project, such as clean up of natural disasters, urban renewal or highway right of way projects}); Deleted “Major Fiber Release Episode” (Ch 27 reference);

  15. AQ252 – Substantive Changes to LAC 33:III.Subchapter M B. Definitions New - added “Negative Declaration” {a Notification of a Demolition of a building that contains no Regulated Asbestos Containing Material}; New – added “Non-RACM” {any asbestos material that does not meet the definition of Regulated Asbestos-Containing Material}; “Nonscheduled Operation” – added, {Diaphragm cell renewal is considered a nonscheduled operation}; Deleted “Operation & Maintenance” (Ch 27 reference);

  16. AQ252 – Substantive Changes to LAC 33:III.Subchapter M B. Definitions Changed “Recognized Disposal Site” to “Recognized Asbestos Landfill”, and added, {has been permitted by the LDEQ Waste Permits Division, or for out of state landfills, received approval to accept RACM, and has submitted an AAC-7 form, and has received written recognition by the OES, Permit Support Services Division}; “RACM” – combined Cat 1 & 2, added {grinded, sanded, cut, abraded}, and {not applicable to asphalt-based roofing materials}, and added, {floor coverings not regulated if removed by dry ice, heat, sufficiently wet, or chemicals in whole pieces. Regulated if it is scraped, sanded, grinded, crumbled, pulverized, etc};

  17. AQ252 – Substantive Changes to LAC 33:III.Subchapter M B. Definitions “Renovation” - added “washing”; “Response Action” – reworded, deleted O&M (Ch 27 reference) and changed {friable to regulated}; “Small Scale Short Duration” – deleted (Ch 27 reference); “State Building” – deleted (Ch 27 reference); Reworded “Waste Shipment Record” {ADVF- required to be onsite and used to track and substantiate the disposition of ACWM to the Louisiana recognized asbestos landfill... generated in response to a notification submitted along with applicable fees by the owner, operator, or contractor of a demolition or renovation activity, and signed by a representative of the solid waste transporter of such waste, and representative of the recognized asbestos landfill;

  18. AQ252 – Proposed Changes to LAC 33:III.Subchapter M B. Definitions New “Work Area Controls” – {work practices and engineering procedures that must be used when removing regulated asbestos containing materials, as outlined in OSHA 29 CFR 1926.1101.g}; Working Day – added, {For example, 10 working days starts with the postmark or if hand delivered, hand-stamped date on the day a notification is received, and ends at midnight on the tenth working day };

  19. AQ252 – Proposed Changes to LAC 33:III.Subchapter M F. Emission Standard for Demo & Reno Added “and Fiber Release Episodes” to the name of Section F; Changed the Notification timeframe for non-RACM planned Demolitions from 10 to 3 days; Emergency Notification timeframe was changed from 5 to 2 days (by fax); Notification to Regional Office for Vinyl Asbestos Floor Tile removals handled as Non-RACM;

  20. AQ252 – Proposed Changes to LAC 33:III.Subchapter M Clarified transporter responsibilities on the ADVF; The ADVF shall be kept on site and available for inspection by the Department during demolition, renovation and/or fiber release activities; Alterations of the ADVF, other than those authorized by the Permit Support Services Division, invalidates the ADVF; Clarified who shall sign the ADVFs (contractor added), what and amt shipped in ‘cubic yards’;

  21. AQ252 – Proposed Changes to LAC 33:III.Subchapter M Added requirement to return expired ADVFs within 30 days; If a demolition occurs and RACM is found, wet, label, and contain all RACM; Language change to Permit Support Services; Changed the OSHA citations as per OSHA changes; I. Standard for Waste Disposal for Asbestos Mills Any materials stored in an OSHA labeled container shall be considered RACM.

  22. AQ252 – Proposed Changes to LAC 33:III.Subchapter M J. Standard for Waste Disposal (ACM Waste Disposal) does not apply to Cat I or Cat II non-RACM waste that is/did not become regulated; Clarified that the owner, operator or contractor, and transporter must maintain ADVF records; Waste shipment record language changed to ADVF; K. Inactive Waste Sites and N. Active Waste Disposal Sites (same changes ); Clarified that, “labels shall be affixed to all asbestos waste containers”;

  23. AQ252 – Substantive Changes to LAC 33:III.Subchapter M Changed former OSHA citations and language to current language & citations; Clarified entities that sign the ADVF to match the form; Removed quantity in cubic meters (cubic yards only is required);

  24. AQ252 – Substantive Changes to LAC 33:III.Subchapter M M. Reporting & Recordkeeping - deleted old language at the time the regulations were initially implemented; Moved language , “Roadways, demolition and renovation, spraying, and insulating materials are exempted from the requirements of LAC 33:III.5107.A and B” from LAC 33:iii.5151M.7 to M.6.

  25. AQ252 – Substantive Changes to LAC 33:III.Subchapter M P. Training & Accreditation Requirements Changed activities to “response action”; Removed Project Designer and SSSD for Workers and Supervisors; Added Independent Third Party monitoring; and Clarified language for contract personnel.

  26. LDEQ Web Sites for Asbestos and Lead-based Paint Asbestos:http://www.deq.louisiana.gov/portal/tabid/2883/Default.aspx Hurricane Demolition:http://www.deq.louisiana.gov/portal/tabid/2885/Default.aspx Lead-based Paint:http://www.deq.louisiana.gov/portal/tabid/2884/Default.aspx

  27. Recent Asbestos Updates No Action Assurance Letter for Katrina (3/31/2009 - 6/30/2009) This means that residential structures that are environmentally unsound are treated the same as in danger of imminent collapse.  Residential structures do not have to be inspected for asbestos.  They can be demolished as RACM structures in lieu of conducting inspections. LDEQ Protocol for Concrete Slab Recycling (Rev 4/28/09) The Department has developed and implemented a sampling and clearance protocol for concrete slab to ensure that the material that is crushed for recycling or reused is free of vinyl tile and mastic, whether it contains asbestos or not.  

  28. LDEQ Protocol for Concrete Slab Recycling Required for ALL concrete slabs that will be REUSED or RECYCLED All suspect material and loose debris, including standing water, shall be removed from the slab; Required: Visual clearance by the owner or representative prior to requesting a clearance from DEQ; Owner representative shall notify LDEQ if the slab will be recycled by crushing or grinding; When complete, LDEQ will visually inspect each slab to determine if it is clean enough to be reused or recycled.

  29. Slabs Recycled by CRUSHING or GRINDING LDEQ will determine if sampling is required & indicate sampling areas using a permanent felt tip marker; Sampling events shall be conducted using best work practices; Minimum number of samples taken: one for every 240 sq. ft. of slab demolished. Specific location of sample areas determined by LDEQ during the visual clearance; The sample depth shall not exceed one-sixteenth of an inch; Sampling: Manually scrape suspect material using an implement that will not contribute extraneous material to the sample. {eg. A brick scraper would contribute unrelated material, whereas a carbide blade would not}; Samples shall be taken from areas identified by LDEQ. Sampler shall increase the surface area if area identified is too small instead of going deeper. Lab results shall be sent electronically to the E-mail address of the appropriate LDEQ Regional Office.

  30. Recent Updates LESHAP Guidance on Residential Demolitions   (Issued 3/2/2009) LDEQ’s interpretation of the USEPA’s clarification notice in the Federal Register, Volume 60, No. 145, page 38725, dated Friday, July 28, 1995: Regulated Residential Structures: An area (eg. city block) made up of multiple parcels of land owned/operated by various parties, the demo or reno of more than one small residential building under control of the same entity; (eg. individual buildings less than 330 feet apart are considered to be within an area equivalent to a city block); An area owned and operated as a unitary area by a single owner/operator (eg. residences demolished to build a shopping mall, amusement park, community center, or right of way clearance for an interstate);

  31. Recent Updates LESHAP Guidance on Residential Demolitions (Issued 3/2/2009) Regulated Residential Structures: A residential building demolished or renovated as part of a larger project that includes demo or reno of non-residential buildings; Multiple buildings at a single site by the same owner or operator. (eg. The demo of 2 or more single dwelling residential buildings; or more than one 4-plex owned by one owner regardless of type of entity: commercial, municipal, or homeowner.

  32. Recent Updates LESHAP Guidance on Residential Demolitions (Issued 3/2/2009) Residential Structures Not Regulated: The owner of a home that renovates his house or demolishes it to construct another house; The demo or reno of an isolated small residential building by any entity; The demo of 2 individual residences separated by several city blocks should not be considered a demolition on a single site. *A single dwelling residential structure may contain a detached garage and still be considered a single dwelling residential structure

  33. Recent Updates LESHAP Guidance on Residential Demolitions(Issued 3/2/2009) Note:LDEQ submits this policy as a guide to NESHAP/LESHAP, however all reasonable precautions shall be taken to prevent particulate matter from becoming airborne for any demolition being conducted. In addition, this guide in no way prevents liability from any party performing demolition activities. To ensure that the subject guidance is followed, the LDEQ recommends that Regional officials of LDEQ be contacted to make a determination on whether demolition of small residences structures is subject to NESHAP/LESHAP.

  34. Recent Updates LESHAP Guidance on Residential Demolitions (Issued 3/2/2009) LESHAP and Solid Waste Disposal LESHAP or not, the transportation and proper disposal of the waste from any activity is regulated under the Louisiana Solid Waste Regulations (LAC 33:VII); RACM must be disposed in a Type 1 or 2 solid waste permitted landfill that also has recognition in accordance with the Louisiana Air Quality regulations, LAC 33:III.5151.N. (Category I and/or II ACM that becomes RACM during the demo process is subject to the same requirements); Construction and Demolition (C&D) debris that is not RACM may be disposed in a Construction and Demolition debris landfill that has a plan approved by the Solid Waste Section of the LDEQ Waste Permits Division to accept such waste. *Even if not regulated, LDEQ encourages the intact removal of transite siding and asbestos shingles prior to demolition to reduce hazards and allow for disposal at C & D debris sites.

  35. Solid Waste Transporters List can be found on the Asbestos web site at: http://www.deq.louisiana.gov/portal/tabid/2883/Default.aspx ; or on the Solid Waste Operators/Notifications web site at: http://www.deq.louisiana.gov/portal/tabid/2886/Default.aspx SW Transporter Contact: Suzanne.Bordelon@la.gov Solid Waste Transporters

  36. Louisiana recognized Training Providers interested in a pilot program, may provide information on online training to LDEQ • Must be secure • Must include all information to identify the person taking the class • More details to come 2-hr Regulations Class Pilot Online Training

  37. Main Office Contacts Jodi G. Miller, ES Manager, Notifications and Accreditations Section Jodi.Miller@la.gov ; 225-219-0789 Mia Townsel, ES Supervisor Mia.Townsel@la.gov ; 225-219-1665 Becky Barbier, Asbestos Accreditations Becky.Barbier@la.gov ; 225-219-3272 Robert Williamson, Lead Accreditations, Exams & Training, Lead Project Notifications Robert.Williamson@la.gov; 225-219-3300 Tabitha Rice, Asbestos Training Providers & Trainer Recognition, & Asbestos Accreditations; Tabitha.Rice@la.gov; 225-219-3273 Dennis Strickland, Asbestos Notifications (Demo/Reno) & ADVFs Dennis.Strickland@la.gov; 225-219-3248 Malcolm “Lee” McNabb, backup ADVFs Malcolm.McNabb@la.gov; 225-219-3244 Charlie Bennett, Asbestos Management Plans Charles.Bennett@la.gov; 225-219-3250

  38. LDEQ Asbestos Surveillance Contacts Surveillance Main Office Staff : Raymond Guillaume – Raymond.Guillaume@la.gov Surveillance Regional Office Staff & Map http://www.deq.louisiana.gov/portal/tabid/66/Default.aspx

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