Michigan Asbestos Symposium For Trainers/Contractors

Michigan Asbestos Symposium For Trainers/Contractors Demolition and Renovation Scott Thelen MIOSHA Jessica Magro MDEQ

Scott Thelen - Senior Industrial Hygienist MIOSHA CSHD Asbestos Program • MIOSHA Asbestos Program since 2005 • Bachelors of Science – Engineering, MSU 2004 • Prior experience at General Motors and Michigan Department of Corrections

Jessica Magro- Environmental Quality Analyst MDEQ Asbestos NESHAP Program • NESHAP Asbestos Program since December 2011 • Previously worked for the Southern Nevada Health Department • B.S. in Biological Sciences from CLU 2004

Presentation Topics and Outline • Facts and Figures – Michigan Blight Projects • Federal • State • Local • Survey and pre-demolition work requirements • Ordered and Emergency Demolitions – MIOSHA and MDEQ requirements • Interpretations and Frequently Asked Questions

Blight Projects Receiving Federal and State Funding • Detroit • Flint (Genesee County) • Saginaw (Saginaw County) • Grand Rapids • Benton Harbor • Several other areas have received funding, but under other programs than Hardest Hit.

State Agencies Providing Regulatory Authority and Project Management • MIOSHA • MDEQ • MSHDA • Governors Office

Contact Information • MIOSHA – 517-322-1320 • MDEQ – 517-373-7064 • MSHDA (Michele Wildman) – 517-373-8370 • MSHDA (Barry Ellentuck) – 248-318-9424

MIOSHA Blight Inspection Data FY 2013 and 2014 - Approximate • 2013 – 9 inspections. • 2014 – To date 3 inspections. • Prior years – not tracked, also part of other federal and state programs. • Significant time spent on pre-project planning with contractors, consultants and governing bodies.

Reminder – A Comparison of NESHAP and MIOSHA • MIOSHA rules are typically based upon employee exposures – NESHAP, although it has some worker protection requirements is primarily to protect the public and the environment. • Although both MIOSHA and NESHAP rely upon EPA methods for sampling and analysis both agencies have regulation specific interpretations that do not carry over to the other agency. • Although both agencies use common terminology for many things, there are also specific terminologies used only by one agency or the other and not by both. This has a bearing on how work is evaluated and conducted.

Guidelines to Remember When Writing Surveys and Job Specifications. • Be precise in terminology use, and do not carry over or mix NESHAP or MIOSHA terms. This can cause confusion to contractors. • Remember which standard is more stringent and apply that one; however MIOSHA requirements do not over rule NESHAP and vice versa. • Ensure that both regulations are referenced when advising of job requirements or designing projects, do not assume that the reader will be aware of both regulatory agencies.

Survey Requirements - MIOSHA • All buildings constructed prior to 1981 must have an asbestos building survey. (Part 602 and 305) • Both the employer and the building owner are responsible for this requirement; however residential homeowners are not a statutory employer and are not subject to MIOSHA regulations. • Survey format cannot be mandated; however each survey must have the presence, quantity and location of all asbestos containing materials, this includes materials which have been sampled but determined not to contain asbestos. • Presumed materials and other materials covered by due diligence must sampled or presumed to contain asbestos. Manufactured or natural materials which do not contain asbestos need not be sampled (wood, steel, glass etc.). When in doubt, sample. • Sampling must be conducted by an accredited asbestos inspector or CIH on all public and commercial projects, and on residential properties with more than 9 units. This is the PA 440 requirement ONLY, which is the states permission to do sampling. 29 CFR 1926.1101(k) has specific requirements for who may sample specific materials to rebut the presumption of asbestos. The bottom line, generally, sampling for compliance purposes should be conducted ONLY by an accredited asbestos inspector or Certified Industrial Hygienist (CIH). • The survey must be on-site (MIOSHA Part 20 Demolition) and be provided to all sub-contractors. • Older surveys that do not meet the requirements of todays standard must be updated (pre-1996).

Survey Requirements - NESHAP • Prior to the commencement of a NESHAP subject Renovation or Demolition activity, “thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos…” • A thorough inspection includes identifying all ACM’s present and determining the quantities to be affected. • The inspection should also determine if the ACM’s are RACM (Note RACM is a NESHAP term, all ACM greater than 1% is regulated by MIOSHA). • The age of the facility does not matter!

Survey Best Practices • Provide a map indicating both sampling locations and homogenous areas. • Include a summary of materials determined to or presumed to contain asbestos. • Do not make project recommendations in the survey (i.e.. what can remain in during demolition, suggestions for removal techniques etc.). • Do not mix terminology between OSHA regulations and NESHAP. • Correctly define for what regulation the survey is being performed for (NESHAP vs. OSHA).

Survey Best Practices • Ensure that when making declarations of friability of materials you include a cautionary statement regarding the employers responsibility for determination for compliance purposes. • For non-standard conditions (homogenous areas, pre/post 1981 additions etc.) use a narrative form explanation of the specific sampling methodology so readers have a better understanding of the validity of the survey. • Periodically review standard survey language to ensure statements made are accurate.

Interpretations Useful During Surveying - MIOSHA • Surfacing materials must be sampled using the 3,5,7 rule employing a statistically random technique. • Point counting analysis conducted after or as a result of a MIOSHA inspection will not refute the MIOSHA lab results, it will be considered as another sample in the population. • Joint compound used as a wall system (joints and nail holes) is considered a Class II miscellaneous; however removal will render it friable. • Joint compound applied as a layer either for decorative or fire proofing properties IS a surfacing material. • OSHA does not allow composite sampling of any materials for compliance with 29 CFR 1926.1101. • Exterior stucco is not a surfacing material per OSHA interpretive letter, it is a Class II miscellaneous (friable).

Interpretations Useful During Surveying - NESHAP • “If the asbestos content is less than 10 % as determined by a method other than point counting by PLM, verify the asbestos content by point counting using PLM.” (Unless the owner/operator chooses to assume the material is ACM) • Joint compound samples that are part of the wall board system may be composited; however, if applied as a skim or topcoat the material cannot be composited with the wallboard system. • Pipes are the only facility component that can be measured in linear feet, duct insulation tape and caulk must be measured and converted to square footage.

Ordered and Emergency Demolitions NESHAP Perspective MIOSHA Perspective

Definition of Emergency and Ordered Demolitions - NESHAP • A facility demolished under an Order of a state or local government agency, issued because the facility is structurally unsound AND in danger of imminent collapse is called an Ordered Demolition. • Ordered Demolitions are exempt from some requirements of the NESHAP. • “Emergency Demolition” is used by MIOSHA - NOT NESHAP. • “Emergency Renovation” is a NESHAP term and used by MIOSHA.

Why Do an Emergency/Ordered Demolition? What are the benefits? • No choice. Building is unsafe to enter. • Waiver of the NESHAP 10 day notice. • Some NESHAP rules not applicable. • From a labor standpoint, easier to do whole structure demolition. • NESHAP survey not required if all materials are presumed.

Drawbacks to Emergency Demolitions • Whole structure is considered asbestos-containing. • All employees must be trained to the level of the materials present (typically Class I, 40 and 32 hour). • Higher disposal cost for project. • Potential for recycling reduced.

Note from EPA on Unsafe Building Declarations • “Several contractors surveyed utilized state or local mechanisms to have buildings declared unsafe as a means to avoid NESHAP requirements during and after demolition activities. However, a state or local agency should not issue a demolition Order unless the facility is structurally unsound and in danger of imminent collapse. These conditions should be confirmed independently…” EPA

Notification Requirements for Ordered Demolition- NESHAP • Notification to DEQ must be submitted as early as possible before, but not later than, the following working day of the project. • NESHAP asbestos inspection not required. • The name, title, and authority of the state or local government representative who ordered the demolition. • The date the Order was issued, the date the demolition was ordered to begin. • Copy of the Order attached to Notification.

Requirements for Ordered Demolition- NESHAP • NESHAP trained on-site Supervisor. • Must be kept adequately wet at all times (demolition process, site cleanup, transport and final disposal). • “Adequately wet” means sufficiently wet to prevent the release of particulates. • All material in demolition’s debris pile is considered ACWM subject to Sec. 61.150.

Disposal Requirements for Ordered Demolition- NESHAP • Adequately wet ACWM at all times (unless below 32ᵒ F, then temp. records must be kept onsite). • No visible emissions. • Transported and disposed of in bulk. • Visible signs on vehicles during loading and unloading. • Disposal at Type II Landfill as “Friable”. • Waste Manifest- must keep records for 2 years. • Must furnish waste records upon request.

MIOSHA Emergency and Ordered Demolition • Emergency and Ordered Demolitions have no provisions in MIOSHA rules, rules and requirements are not waived. • Emergencies may be eligible for a waiver of 10 day notification under PA 135 – emergencies are only granted for equipment failures or malfunctions.

Asbestos in Demolition Common Issues and Concerns

Building is Fire Damaged and Cannot be Abated prior to Demolition – Can it be demolished without a survey and abatement? • Fire damaged is not necessarily unsafe, but on-site employers or municipalities make the call. • Sampling or an assessment to determine the presence of asbestos should always be attempted when safe. Sampling may be conducted through windows and doorways. • If no survey can be conducted (pre 1981) then materials must be presumed. Eliminating even some materials can affect which work practices are used and can result in significant cost savings so sampling should be at least considered for each project. • When was it fire damaged? Unless it is recently burnt the building will not be granted a 10 day waiver (MIOSHA).

Drywall and Joint Compound • NESHAP allows composite sampling of these materials (wall system). • MIOSHA does NOT allow composite sampling of any materials. • If the composite sample of the wall system is determined to 1% or less asbestos after analysis, then the material is not regulated under NESHAP. • By OSHA interpretative letter joint compound used a wall system (joints and screw holes) is considered a Class II miscellaneous material, although it is friable (license and notification). • Disposal is regulated by NESHAP; however MIOSHA requires that material be placed in sealed, impermeable containers when on-site (lined trucks or dumpsters). • Joint compound applied as decorative or protective layer is considered a surfacing material by OSHA (Class I work) and is not allowed to be composited under NESHAP.

Identifying Roofing as ACM • It is not incorrect to identify roofing as asbestos containing without sampling as long as it has been identified and quantified on the survey. • Sampling of the roofing is preferred so proper assessment and planning on the project can be done. • ACM roofing not regulated by NESHAP is still regulated by MIOSHA (Class II work). Section (G)(11) of Part 602 will not apply if the roof has not been sampled (no assessment made of type and condition of roofing materials). • All Class II work practices apply.

Whole Structure Demolition – Below Freezing Temperatures • NESHAP has some allowances for discontinuing the use of water during freezing weather. • MIOSHA does not have any allowances, amended water must be used. • Alternative work practices only allow for variances from section (g)(5) not from (g)(1),(2),(3) or (4). • Specific sections limiting water use are in the standard (g)(1) - (sloped roofs and electrical hazards/equipment).

Remote Decontamination • Remote decontamination is only to be used when no other option is feasible. • It is hard to imagine a site in residential demolition where a standard decontamination is not feasible. • “I couldn’t park the shower trailer any closer” is not acceptable reason. • Environmental conditions (extreme temperature, no on-site water supply) are not sufficient infeasibility factors. • When in doubt, call MIOSHA for guidance.

Resurveying Properties or Materials • Collecting additional samples of previously sampled material will not refute the original sampling. • Point counting non-original samples will not refute positive results. • A resurvey is only appropriate when it is determined that the original survey is clearly in error (wrong house, wrong address, significantly altered condition). • Identification of improper sampling (missed materials, inappropriate number of samples) shall be corrected. • Resampling based upon more accurate or precise homogenous areas may be utilized when appropriate.

Asbestos Removal Requirements NESHAP- RACM • RACM (Regulated Asbestos Containing Materials) in a facility meeting the threshold amount: -260 linear feet for pipes, or -160 square feet for facility components, or 35 cubic feet for total volume off components • Must be removed prior to demolition.

Asbestos Removal Determinations NESHAP- Category I Nonfriable ACMs • The EPA states that “under normal circumstances, Category I non-friable ACM (VAT, Roofing, Gaskets) need not be removed, because generally these materials do not release significant amounts of asbestos fibers, even when damaged.” • Not a hard and fast rule. If the Cat. I ACM is in poor condition, or if in post-demolition activity it will be subjected to sanding, grinding, abrading, drilling, cutting or chipping, it must be removed. • “In poor condition” means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling. • It is the owner/operator’s responsibility to make these determinations, NOT the NESHAP inspector’s.

Asbestos Removal Determinations NESHAP- Category II Nonfriable ACMs • Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation must be removed (i.e. transite siding). • The EPA recommends that these materials should be evaluated on a case-by-case basis. • It is the owner/operator’s responsibility to make these determinations, NOT the NESHAP inspector’s.

Asbestos Floor Tile & Mastic Removal- When is it NESHAP subject? • Mechanical Buffers used with solvents to remove mastic is subject to the NESHAP. • Shot Blasting is subject to the NESHAP. • Infrared Machines used to remove floor tiles may not be subject if breakage is minimal. • Dry Ice used to remove floor tiles may not be subject if breakage is minimal.

Questions? Any questions not answered in the session, about the topics presented, may be asked in the following Q & A session.

Michigan Asbestos Symposium For Trainers/Contractors