By Larry Hays, Vice President of Training, Environmental Support Solutions

Asbestos is well recognized as a health hazard and is highly regulated by both the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA). As you become familiar with these regulations, you will find that many OSHA and EPA asbestos rules are intertwined and highly specific.

In legal terms, these regulations identify a duty to take reasonable precautions to protect the safety and health of the occupants of your facilities. With this legal duty comes a corresponding “Standard of Care.” This “Standard of Care” is defined in terms of “reasonable action,” or how another “knowledgeable” person would be expected to conduct themselves under similar circumstances. Asbestos regulations require you to develop policies, procedures and work instructions that will provide the required level of protection from airborne asbestos fibers. They outline the specific actions that are required when renovations or demolitions are scheduled for facilities.

The University of Minnesota Department of Environmental Health and Safety (DEHS) defines asbestos as a naturally occurring crystalline formation. Researchers have divided asbestos into two mineral groups, serpentine and amphibole. Serpentines have a sheet or layered structure, while amphiboles have a chain-like structure. DEHS identifies Chrysotile, also known as "white asbestos," as a member of the serpentine group. Chrysotile makes up approximately 90 to 95 percent of all asbestos found in buildings in the United States.

Over the years, asbestos has had many uses. Its primary use is as an insulator or fire retardant, but it can also be used as a binder. Due to this versatility, asbestos can be found in many types of building materials. Some of the more common products containing asbestos are: roofing tiles, siding shingles, sprayed coating on walls and ceilings, asbestos-cement sheets, textured paints, insulation board, floor tiles, cement pipe and fittings, preformed pipe wrap, corrugated asbestos paper and plumbing joints.

Even though the federal government suspended production of most asbestos products in the early 1970's, installation of these products continued through the late 1970's and even into the early 1980's. As an IAQ manager, you may be responsible for projects that involve regulated asbestos, especially if you are responsible for facilities constructed before 1978.

Because improper handling of asbestos materials during renovations or demolitions can cause asbestos fibers to become airborne, and because inhaling asbestos fibers is a serious health hazard, IAQ managers should become familiar with the EPA and OSHA’s definition of the required "Standard of Care" for projects that could involve asbestos.

The Environmental Protection Agency (EPA) has consolidated the requirements of most of their asbestos rules and regulations in the National Emissions Standards for Hazardous Air Pollutants (NESHAP) program.

There are NESHAP coordinators in each of the EPA regional offices; most states have completely adopted NESHAP rules, or added a few specific requirements. Also, many counties have NESHAP coordinators that will provide pamphlets describing the NESHAP asbestos program requirements that apply to facilities in your area.

The NESHAP program will provide sufficient guidance for most IAQ managers. However, if your employees work with asbestos directly, you must consult OSHA regulations for additional specific work place requirements.

The NESHAP regulations apply to all public, commercial and industrial buildings and to apartment complexes of greater than four units. The program does not regulate private residences and apartment complexes with less than four units

The NESHAP regulations apply to all demolitions and renovation activities involving friable asbestos-containing material greater than or equal to 160 square feet, 260 linear feet, or 35 cubic feet. A friable material is one that, when dry, can be crumbled, pulverized or reduced to a powder by hand pressure. Note: an Asbestos Hazard Emergency Response Act (AHERA)-certified consultant must determine the amount and type of asbestos in a building before demolition or renovation can begin.

Even though many common building materials are considered nonfriable, most have the potential to emit airborne fibers when subjected to renovation and demolition activities such as sanding and sawing, and any level of airborne asbestos fibers presents a human health hazard.

The American Lung Association says that there is no known safe exposure to asbestos and that the amount of time between exposure to asbestos and the first signs of disease can be as much as 30 years. It is known that smokers exposed to asbestos have a much greater chance of developing lung cancer than from smoking alone. The American Lung Association identifies a number of other rare diseases that have been attributed to exposure to airborne asbestos fibers. Chief among these is a disease called asbestosis, a scarring of the lungs that leads to breathing problems and heart failure. Inhalation of asbestos also has been associated with mesothelioma, a rare cancer of the chest and abdominal lining, and with cancers of the upper and lower digestive tracks as well.

For this reason, before any renovation or demolition projects start, IAQ professionals are required to ensure that an AHERA-certified asbestos building inspector has inspected their facilities in the past year. All facilities must be inspected, regardless of the date of construction. Facility owners and operators are required to maintain a copy of any inspection reports for two years.

If the facility has been inspected, you must obtain a copy of the inspection report to determine if asbestos is present. If it has not been inspected, you must have the facility inspected by an AHERA-certified asbestos inspector whose certification you have verified, obtain a copy of the inspection report, and determine if asbestos is present. You are required to determine the amount of friable asbestos material; if the amount is 160 square feet, 260 linear feet, 35 cubic feet or more, it is regulated asbestos and must be controlled or removed by a certified contractor. NESHAP suggests that you should consider hiring a third party consultant who has asbestos contractor or supervisor training to oversee the project.

If you have facilities that may contain asbestos, regulated or unregulated, friable or nonfriable, Environmental Support Solutions suggest that you have one of your supervisors attend your state’s asbestos supervisor training. If you hire a consultant, pay attention to their recommendations and guidance.

The NESHAP Coordinator in your area may require that you prepare a notification form and deliver it to the NESHAP office before starting a renovation project.

Violations of the NESHAP regulations can result in significant penalties. Violations reported by the EPA reflect the need for supervision by a knowledgeable person. As an example, one of the most common violations is for failing to adequately wet regulated asbestos containing material (RACM) and keep it wet until it is disposed of. Remember, as the owner or operator, you are responsible for all phases of asbestos removal, transportation and disposal. If you have any questions, contact your EPA Regional Asbestos NESHAP Coordinator.

Other reported violations include:

· Failure to thoroughly inspect for RACM before commencing renovation;

· Failure to file notice with appropriate authority before renovation;

· Failure to contain RACM in leak-tight wrapping and to seal it in a transparent bag;

· Failure to provide a trained AHERA contractor or supervisor on site;

· Failure to label bags with the waste generator’s name and location;

· Failure to deposit RACM at a disposal site as soon as practical;

· Failure to provide the disposal site with accurate waste shipment records.

A model asbestos operations and maintenance program for facilities has been implemented by The University of Texas at Austin. The university has made a copy of this program available from the University website: http://www.utexas.edu/business/oehs/asbestos/toc.html. 

The university clearly explains the purpose of their program through established guidelines, designed to protect all personnel and the general public from potential health hazards of asbestos related diseases.

As an example of this intent, administrators stress the need to handle asbestos with caution regardless of its status. “When in doubt, treat all material as containing asbestos and comply with all applicable rules and regulations and protective measures required within these guidelines.”

By using this statement as a guide and maintaining written asbestos procedures, you will demonstrate that you recognize the “Standard of Care” described by the EPA and OSHA, and that your program was developed and administered by a knowledgeable person.

Environmental Support Solutions (Environ.com), Tempe, Ariz. provides compliance software, training and consulting to organizations affected by refrigerant, indoor air quality, waste, and health & safety issues. For more information e-mail Environ.com at info@environ.com or call them at 1-800-289-6116 ext. 1. 

 

*Copyrighted by Environmental Support Solutions, 1620 W. Fountainhead Pkwy., Tempe, AZ 85252.

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