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09060018 (2) CITY OF CUPERTINO BUILDING PERMIT BUILDING ADDRESS: 20184 PACIFICA DR CONTRACTOR:DANCE BUILDERS PERMIT NO:09060018 OWNER'S NAME: FRANK&MARY ROLLER 4939 OCCIDENTAL RD DATE ISSUED:08/24/2009 OWNER'S PHONE: 4089969159 SANTA ROSA,CA 95401 PHONE NO:(707)546-0802 LICENSED CONTRACTOR'S DECLARATION BUILDING PERMIT INFO: BLDG ELECT PLUMB License Class 13 Lic.# 506'd al r y� MECH RESIDENTIAL COMMERCIAL Contractor �/ka t L F it t eit40 Date 'r—2-�— o I hereby affirm that I am licensed under the provisions of Chapter 9 JOB DESCRIPTION:HOUSE DEMO 1240SQ- (commencing with Section 7000)of Division 3 of the Business&Professions DANCE BUILDERS PD FOR BUS LIC Code and that my license is in full force and effect. I hereby affirm under penalty of perjury one of the following two declarations: I have and will maintain a certificate of consent to self-insure for Worker's Compensation,as provided for by Section 3700 of the Labor Code,for the performance of the work for which this permit is issued. Sq.Ft Floor Area: Valuation:$20000 I have and will maintain Worker's Compensation Insurance,as provided for by Section 3700 of the Labor Code,for the performance of the work for which this permit is issued. APN Number:36928018.00 Occupancy Type: APPLICANT CERTIFICATION I certify that I have read this application and state that the above information is correct.I agree to comply with all city and county ordinances and state laws relating PERMIT EXPIRES IF WORK IS NOT STARTED to building construction,and hereby authorize representatives of this city to enter upon the above mentioned property for inspection purposes. (We)agree to save WITHIN 180 DAYS OF PERMIT ISSUANCE OR indemnify and keep harmless the City of Cupertino against liabilities,judgments, 180 DAYS FROM LAST CALLED INSPECTION. costs,and expenses which may accrue against said City in consequence of the granting of this permit. Additionally,the applicant understands and will comply with all non-point source regulations per the Cupertino Municipal Code,Section Issued by'' � Date: 9.18. r^2„.4ti Signature —{, t.a4-A J-Z.Gt-v`lle"-..—., Date t' -154'07 RE-ROOFS: 0 OWNER-BUILDER DECLARATION All roofs shall be inspected prior to any roofing material being installed.If a roof is installed without first obtaining an inspection,I agree to remove all new materials for I hereby affirm that I am exempt from the Contractor's License Law for one of inspection. the following two reasons: 1,as owner of the property,or my employees with wages as their sole compensation, Signature of Applicant: Date: will do the work,and the structure is not intended or offered for sale(Sec.7044, Business&Professions Code) 1,as owner of the property,am exclusively contracting with licensed contractors to ALL ROOF COVERINGS TO BE CLASS"A"OR BETTER construct the project(Sec.7044,Business&Professions Code). I hereby affirm under penalty of perjury one of the following three HAZARDOUS MATERIALS DISCLOSURE declarations: I have read the hazardous materials requirements under Chapter 6.95 of the I have and will maintain a Certificate of Consent to self-insure for Worker's California Health&Safety Code,Sections 25505,25533,and 25534. I will maintain Compensation,as provided for by Section 3700 of the Labor Code,for the compliance with the Cupertino Municipal Code,Chapter 9.12 and the Health& performance of the work for which this permit is issued. Safety Code,Section 25532(a)should 1 store or handle hazardous material. I have and will maintain Worker's Compensation Insurance,as provided for by Additionally,should I use equipment or devices which emit hazardous air Section 3700 of the Labor Code,for the performance of the work for which this contaminants as defined by the Bay Area Air Quality Management District I will maintain compliance with the Cupertino Municipal Code,Chapter 9.12 and the permit is issued. Health&Safety Code,Sections 25505,25533,and 25534. I certify that in the performance of the work for which this permit is issued,I shall not employ any person in any manner so as to become subject to the Worker's 0 n r authorized a ,n . Compensation laws of California. If,after making this certificate of exemption,I � Date: p —Z-'1 become subject to the Worker's Compensation provisions of the Labor Code,I must forthwith comply with such provisions or this permit shall be deemed revoked. CONSTRUCTION LENDING AGENCY I hereby affirm that there is a construction lending agency for the performance of work's APPLICANT CERTIFICATION for which this permit is issued(Sec.3097,Civ C.) I certify that I have read this application and state that the above information is Lender's Name correct.I agree to comply with all city and county ordinances and state laws relating to building construction,and hereby authorize representatives of this city to enter Lender's Address upon the above mentioned property for inspection purposes.(We)agree to save indemnify and keep harmless the City of Cupertino against liabilities,judgments, ARCHITECT'S DECLARATION costs,and expenses which may accrue against said City in consequence of the granting of this permit.Additionally,the applicant understands and will comply I understand my plans shall be used as public records. with all non-point source regulations per the Cupertino Municipal Code,Section 9.1 8. Licensed Professional Signature Date 5 CITY OF CUPERTINO D DEMO CUPERJINO PERMIT APPLICATION FORM APN# - Date: ��`-� 2$ 1 g ©cam G,—3 -Oct Building Address: Mailing Address (if different from building address): 6 Owner's Name: � o Phone: itge Contractor: PhoneDA-vuocZvt(Armes Fax: Sit-'-f_ Contractor License #: 5&al)'2-1 Cupertino Business License#: Contact: Phone:.7 a7 z_2- _ 7 60 /14b hAIc-t Fax: Residential Er Sq Footage L 2`ILO Commercial ❑ Sq Footage Job Description: O9oSU 1 51 t girt s g Valuation: ,e Project Size: Express ❑ Standard M Large ❑ Major❑ Please complete relevant portions of the Green Building Checklist & attach it to the application or if applicable, include on the plan set & the sheet index. Quantity Fee ID Fee Description Fee Group Permit Type f' 1DEMORES Demo-Residential B 1SFDWL-DEM 1DEMOPRES Pool Demo Residential B 1SFPOOL-DEM 1BCBSC Cal Bldg Standards B ALL PERMIT Commission Fee TYPES 1BSEISMICRE Seismic Residential B Revised 01/07/09 .� % dam"'��' t '- JAKELA. INC. , . . ,kir4f . 1,4 (dba Asbestos <<`: �, ��0 �,� „� � « l 4r WroJp £ . it: .,. ';:':''.,.'',,,;:ij:l....'"Iia. l'.- t44.4d'-t:-4'Al?p*ii. ••,_ ,,,,s. , .:0 Ely EDs 2009 � J° S j ' , ,; , 7 may; ` ',w V "'1` p y x i °R DANT NOTICE' `ir s to 4 .1c,,,,,,,-,. ..,..., p`1 - ,1 6-7-,--,1" ip:il rOF THIS NOTICE TO YOUR v"" �' . , �� r N�CONTRACTOR 4 „wi...._... . , _ • , ,, , ,.,. r.„...„.,.,,,..:,,.....,„,t,,,-..*-etst&'•,,,,,V,41;,,,,',--_-;J.',:- .-' • ! ; if ° � s,, },-ti :,ERED`:D,URING DEMOLITION Asbestos survey chi .` �,iurt�- °,�r '��41'�accessible areas. Asbestos may be hidden within l walls, floors, or c :'!f,n� .. .- ; .�L�; - If Asbestos Cont ii[uliirl.,' h'i (��a] ® ' us e'ctrmaterials) are discovered after demolition begin.(' z ( V � oo ed ?ap,�etc) this material must be be removed and disposed of acco fc i -� ! ,.--2.:,,,,4,,,,9,,,,,,„,..7)!,,` 3 AAQMD) regulations. i, r -i � ..y41 .. Immediately afte tf.0 r ' ;. t;� 41s ' red the owner or operator shall comply with the provisions of subsections 11 , 3s(0 ,ii o U� h�tl f°Q1 3 The.Owner and/or demolition contractor can incur severe pen ���f� fit,[ )� ' a` atrial ris not handled properly. SHOULD YOU F11 {��� U1(,- a ( 1� T®SfCONTAINING MATERIALS PLEASE CALL OUR OFFICE FO,os�,, y\'F11CC ` f x� `. . 5 -,, § ? n5 ?4 : "Y rT4 \)ty tx�,,,. .Y. L 1-'0, fi %,";� ',F u9' fi Y �. t ,,,,,,...,4,4;06,,,,::..4,,x1.7,--,,,, „ .. tib, ' t 6,,,A U a "o 494.9.• (415)883-7856•License#590867 N w . -±. JAKELA, INC. (dba Asbestos Control Center) 6/5/2009 Maury Dance Dance Builders Enterprises 4939 Occidental Road Santa Rosa, CA 95401 Dear Maury Dance: An inspection was performed at 20184 Pacific Drive, Cupertino. The inspection was limited to the building site and building materials. The inspection was limited to the areas surveyed only. Other building materials may contain asbestos and should be assumed asbestos containing until further testing proves otherwise. The inspection was intended to identify and test suspected asbestos containing building products. This inspection was limited to visually accessible areas only. No destructive investigations were performed. This survey was performed in accordance with current regulations and site conditions. Should renovation or demolition occur, both regulations and site conditions should be confirmed. Sampling Strategy The objective of bulk sampling is to determine through laboratory confirmation if certain building materials contain asbestos. Before any samples are collected, all building materials are categorized into distinct areas of homogeneity. A homogenous area represents an area delineated by visual and functional similarity. The area may be further defined by its location within a building or by the age of the building itself. Because asbestos containing materials(ACM'S)have compositional variability, it is possible to obtain different results from laboratory analysis of samples from the same homogenous area. Therefore, a homogenous area with at least one positively identified sample containing asbestos will result in the entire homogenous area being designated as asbestos containing material. The collection of bulk samples is based on guidelines established by the Environmental Protection Agency(EPA) for school buildings(AHERA, 40 CFR Part 763, EPA, 1987). Laboratory analysis is based on polarized light microscopy supplemented by dispersion staining. Cal- OSHA defines Asbestos Containing Material (ACM) as a material containing more than one tenth of one percent asbestos and the EPA defines ACM as a material containing 1% or more of asbestos by weight. The results of the inspection and laboratory analysis are as follows: 32 Hamilton Drive#A, Novato,CA 94949• (415)883-7856•License#590867 JAKELA,INC. (dba Asbestos Control Center) inspection at 20184 Pacific Drive,Cupertino cont. LABORATORY ANALYSIS - SAMPLED SUSPECT MATERIALS 1 Bedroom Drwyall/Texture Yes Drywall: No Asbestos Detected RACM Class I Texture: 2%Chrysotile Asbestos 2 Living Room Drwyall/Texture Yes Drywall: No Asbestos Detected RACM Class I Texture:2%Chrysotile Asbestos 3 Master Drwyall/Texture Yes Drywall: No Asbestos Detected RACM Class I Bedroom Texture: 2%Chrysotile Asbestos 4 Garage Drywall/Taping Mud No No Asbestos Detected N/A N/A 5 Bathroom Linoleum No No Asbestos Detected N/A N/A 6 Kitchen Linoleum No No Asbestos Detected N/A N/A 7 Attic/Walls Ductwork Insulation Yes Assumed Asbestos RACM Class I 8 Heater Closet Transite Flue Yes Assumed Asbestos Category II Class II Non-Friable IDENTIFIED ASBESTOS CONTAINING MATERIALS AND OTHER SUSPECT MATERIALS • The texture on drywall (samples #1-3) contains asbestos. • The insulation on ductwork(sample#7) contains asbestos. • The transite flue in the heater closet(sample#8) contain asbestos. • No other suspect materials were visually identified. *Any friable layer reported as less than 1%(via PLM method) must be point-counted to prove it to be less than 1% or be assumed to be positive (over 1%) and thus RACM.—NESHAP Clarification May 8, 1991 **Regulated by Cal/OSHA only(Friable&Non-Friable to 1/10%) 32 Hamilton Drive#A, Novato,CA 94949• (415)883-7856•License#590867 Page 2 of 5 JAKELA, INC. (dba Asbestos Control Center) Please note that this survey was not a destructive survey. Items within the walls or structure (i.e. transite pipes, additional flooring under carpeting,etc) may contain asbestos products and were not obvious to the inspector. Periodic monitoring by the building owner and the contractors should be made during work to identify possible additional asbestos containing building materials. CURRENT REGULATIONS FOR ASBESTOS The following is a summary of current state and federal regulations related to the performance of building surveys for asbestos. These summaries are not intended to be all inclusive and do not contain every aspect of the regulations discussed. EPA National Emission Standard for Hazardous Air Pollutants (NESHAP5), 40 CFR Part 61 Under the NESHAPs regulation, no visible emissions are allowed during building demolition or removation activities that involve regulated asbestos-containing materials (RACMs). For this reason, all buildings must be surveyed for ACMs prior to demoltion or renovation. The EPA, and/or the local Air Pollution Control District(APCD)which implements EPA actions, must be notified prior to any building demolition even if NO ACMs are present. RACM is defined as any material with an asbestos content of greater than one percent and is friable or; Category I non-friable ACM that has or will become friable, or Category H non-friable ACM that may become or will become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition and/or renovation. According to NESHAP,ACM is material containing more than one percent asbestos. The NESHAP classifies ACM as friable or non-friable. Friable ACM is ACM that when dry, can be crumbled,pulverized, or reduced to powder by hand pressure. 32 Hamilton Drive#A, Novato,CA 94949• (415)883-7856•License#590867 JAKELA, INC. (dba Asbestos Control Center) inspection at 20184 Pacific Drive, Cupertino cont. Non-friable ACM is classified as either Category I ACM or Category II ACM. The materials are distinguished by their potential to release fibers when damaged. Category II ACMs are much more likely to release fibers when damaged. Category I ACM includes asbestos-containing gaskets, packings, resilient floor coverings and mastics, and asphalt roof products. Asphalt roof products are those products which contain asbestos and include built-up roofing, asphalt-containing single ply membrane systems, asphalt shingles, asphalt-containing underlayment felts, asphalt-containing roof coatings and mastics, and asphalt-containing base flashings. Category II ACM includes all other non- friable ACM, these items include asbestos cement shingles, asbestos cement tiles, and transite boards or panels. • Bay Area Air Quality Management District Bay Area Air Quality Management District(BAAQMD) is the local APCD for the EPA. In response to the NESHAP requirements,the BAAQMD implemented Regulation 11, Rule 2 that pertains to demolition/renovation activities including the removal and associated disturbance of ACMs. These requirements for demolition and renovation activities include asbestos surveys, notification, ACM removal procedures, time schedules,ACM handling and cleanup procedures, storage, disposal and landfill requirements for asbestos-containing waste materials. Rule 2 is applicable to owners and operators of any demolition and/or renovation activity and associated disturbance of ACMs. Failure to comply with Rule 2 requirements could result in violiations that carry daily penalties. Federal EPA Asbestos Hazard Emergency Response Act (AHERA),40 CRF Part 763, Subpart E AHERA requires performance of asbestos surveys and the development of Asbestos Management Plans for all of the nation's primary and secondary schools. The procedures mandated under AHERA are considered the industry standard and are applied to all surveys performed by Jakela, Inc. Federal Occupational Safety and Health Administration (OSHA) 29 CFR 1910.001 and California Occupational Safety and Health Administration (Cal-OSHA) 8 CCR 1529 Per OSHA standards ACMs are defined as any materials with an asbestos content greater than one- tenth of one percent(>.1%) and are further classified as Class I, Class II, Class III or Class IV ACM. The materials are distinguished by their potential to release fibers shen damaged. OSHA prescribes specific engineering controls and work practices for each Class of ACM. • Class I—Removal of ACM Thermal System Insulation(TSI) or ACM surfacing(sprayed-on or troweled-on)materials. • Class II—Removal of ACM materials that are not TSI or surfacing materials. • Class III—Repair and/or maintenance operations involving all identified ACMs • Class IV—Incidental contact with identified ACMs such as custodial staff 32 Hamilton Drive#A, Novato,CA 94949• (415)883-7856•License#590867 Page 4 of 5 JAKELA, INC. (dba Asbestos Control Center) inspection at 20184 Pacific Drive, Cupertino cont. California Health and Safety Code 25915 (previously named the Connelly Bill) The California Health and Safety Code 25915 requires all building owners in the State of California to provide written notification to employees, tenants, and contractors of the presence and location of asbestos-containing construction materials (ACCMs) within their buildings. Some exclusions to the notification rule for restricted access areas is allowed. All documentation related to asbestos surveys (and air monitoring) must be made available to employees, tenants, and/or contractors for review. The California Health and Safety Code also requires that a seller with any knowledge of ACMs on a property disclose such information or knowledge to other parties involved in a real estate transaction. prior to renovations or demolition. The removal of asbestos containing products is regulated by the EPA(locally Bay Area Air Quality Management District, RACM* over 1%) and Cal-OSHA (Friable& Non-Friable to 1/10 of a percent). Thank you for contacting Asbestos Control Center. If you have any questions regarding this report, or further desire our services,please call. Sincerely yours, 111 I Charles James Certified Asbestos Consultant#92-0800 LINKS Bay Area Air Quality Management-(415)771-6000- http://www.baaqmd.gov/enf/asbestos Cal-OSHA—(510)286-7000- http://www.dir.ca.gov/DOSH/ACRU/ACRUinfo.htm 32 Hamilton Drive#A, Novato,CA 94949• (415)883-7856• License#590867 Page 5 of 5 Forensic Analytical Laboratories Final Report Bulk Asbestos Analysis (EPA Method 600/R-93-116,Visual Area Estimation) Jakela Inc.Asbestos Control Ctr. Client ED: 2879 Charles James Report Number: B125065 32 Hamilton Dr., Ste A Date Received: 06/03/09 Date Analyzed: 06/04/09 Novato,CA 94949 Date Printed: 06/04/09 First Reported: 06/04/09 Job ID/Site: 20184 Pacifica Dr.Cupertino FALI Job ID: 2879 Total Samples Submitted: 6 Date(s)Collected: Total Samples Analyzed: 6 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 1 10872746 Layer: White Drywall ND Layer: Tan Texture Chrysotile 2 % Layer: Paint ND Total Composite Values of ibt rous`"Components: Asbestos(Trace) Cellulose(20%) Fibro s.G,(aiss'(10-%) ... ._.... 2 10872747 Layer: White Drywall ND Layer: Tan Texture Chrysotile 2% Layer: Paint ND Total Composite Values ofbrous;`Components: Asbestos(Trace) Cellulose(20%) Fibro Gllass(10 3 10872748 Layer: White Drywall ND Layer: Tan Texture Chrysotile 2% Layer: Paint ND Total Composite Values oiibrous Components: Asbestos(Trace) Cellulose(20%) Fibrous Glass(10%) 4 10872749 Layer: White Drywall ND Layer: White Texture ND Layer: Paint ND Total Composite Values of t`br'ttus.l omponents:' _.Asbestos(ND) Cellulose(20%) FiibecGlas4s(l0'%):.,- 5 10872750 Layer: White Sheet Flooring ND Layer: Yellow Mastic ND Total Composite Values of .brou Components: Asbestos(ND) Cellulose(Trace) 1 of 2 3777 Depot Road,Suite 409,Hayward,CA 94545 / Telephone:(510)887-8828 (800)827-FAST / Fax:(510)887-4218 Report Number: B125065 Client Name: Jakela Inc.Asbestos Control Ctr. Date Printed: 06/04/09 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 6 10872751 Layer: White Sheet Flooring ND Layer: Fibrous Backing ND Layer: Yellow Mastic ND Total Composite Values of Fibrous<Components:. Asbestos(ND) Cellulose(20%) Fibrous Glass(5%) : Synthetic(10%) (4``,4 James Flores,Laboratory Supervisor,Hayward Laboratory Note: Limit of Quantification('LOQ)= 1%.'Trace'denotes the presence of asbestos below the LOQ.'ND'='None Detected'. Analytical results and reports are generated by Forensic Analytical at the request of and for the exclusive use of the person or entity(client)named on such report.Results,reports or copies of same will not be released by Forensic Analytical to any third party without prior written request from client.This report applies only to the sample(s)tested.Supporting laboratory documentation is available upon request.This report must not be reproduced except in full,unless approved by Forensic Analytical.The client is solely responsible for the use and interpretation of test results and reports requested from Forensic Analytical.This report must not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S.Government.Forensic Analytical is not able to assess the degree of hazard resulting from materials analyzed.Forensic Analytical reserves the right to dispose of all samples after a period of thirty(30)days,according to all state and federal guidelines,unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. 2 of 2 3777 Depot Road,Suite 409,Hayward,CA 94545 / Telephone:(510)887-8828 (800)827-FASI / Fax:(510)887-4218 r . . 3 forensic Analytical Laboratories, Inc. Analysis Request Form (COC) Client No.: PO/Job#: ! j71)2d2 '°1(A- C--' Turn Around Time:l5 e Day 1 1 y l2i •Day /14Day 1{SDay PCM: NIOSH 7400A /J=7 •SH 4 In Rotometer i . ,y r . PLM: nStandard 1 n Point Coun 400 i 1000 1 5 CARti 435 '� -Contact: [TEM Air: b AHERA /in Yamate2 in NIOSH 7402 L - — ^r M TEM Bulk: n Quantitative /f Qualitative I l7.Chatfield Phone: Fax: p TEM Water: In Potable /jr7 Non-Potable / b7 Weight EJ TEM Microvac: in Qual(+/-) /;n D5755(str/area) /ri D5756(str/massi E-mail: 10 IAQ Particle Identification(PLM LAB) iC1 PLM Opaques/Soot i 0 Particle Identification(TEM L.AB) 10 Special Project Site: El Metals Analysis: Method: I �.-•^7 --- — - M-trix: ite .c , n-1 0 Comments: Report Via: 0 Fax E E-Mail 0 Verbal ?` O. AIR SAMPLES ONLY Sample Area/ t Sample ID game! Sample Location/DescriptionTime Avg. TotalAir Type On/Off LPM Tinne Volume f .e c i,g,e..I 0 7 111.-1.)EIL4e, ' j,...1...../ FP- • 1 mZ--_. (4a5.4a-,,,,,,, p "' € (-5 „.„.1) /5e,hayipt,i2. ,...,,,, .,/ me.6 Ar. y ,...e,fa4a.ty nitia"-ra4 /424 f-P.ITCrr ,s" - 1 (7 k7- ,/ / ) Z/Z/V0 7 rd- IA 7C A 7 .------------ f------ i _ . rd P T rt. _._. 1 - �C r _...._ { ff A l I 1 .._ I i i rC I ? Sampled By: Date: Time: ( Shipped Via: n Fed E M PHL n UPS rl US Mail 17 Courier IC1 Drop Off '3 Other: Relinquished s Relinquished By; Relinquished By: - T~ Date/tort : 0-,..- Date/Time: Date/Time: �_, ' Received By; '4j- f S 5 Jr Received By: • Received By: __. Dater-vggi>Iyi� .UH 0� �0� Date/lime: Date i Time: Condition Acceptable?s s 5 No Condition Acceptable?.6 Yes E3 No Condition Acceptable?ii Yes b No San Francisco Office:3777 Depot Road,Suite 409,Hayward,California 94545-2761/Ph:(510)887-8828•(800)827-3274/Fax:(510)887.4218 Los Angeles Office:2959 Pacific Commerce Drive,Rancho Dominguez,California 90221 /Ph:(310)763-2374*(888)813-9417 1 Fax:(3101763-8684 las Vegas Office:6765 S.Eastern Avenue,Suite 3, Las Vegas,Nevada 89119/Ph:(702)784.0040/Fax:(702)784-0030 BAY AREA AIR QUALITY MANAGEMENT DISTRICT ASBESTOS—FREQUENTLY ASKED QUESTIONS What is asbestos? Asbestos is a naturally-occurring mineral. Chrysotile(white asbestos) is the type most commonly used in structural applications.Asbestos is heat resistant,very strong, and has remarkable insulating properties,making it a desirable material in construction. What are the health effects of asbestos exposure? There are three exposure routes for asbestos fibers: (1)inhalation via the respiratory system(2) ingestion via the mouth associated with asbestos fibers in drinking water and(3) skin contact.Asbestos has been known to cause a number of disabling and fatal diseases such as asbestosis,lung cancer,mesothelioma and pleural plaques. There is no safe level of exposure to asbestos;therefore,all exposure to asbestos should be avoided. The building department requires a District job number(J#)prior to structural demolition.What is a job number? Because asbestos has been used in many structural applications,District Regulation 11-2-401.3 requires that for every demolition or for every-renovation involving the removal of 100 sq ft/lin ft or greater of Regulated Asbestos Containing Material(RACM), a notification must be made to the BAAQMD at least 10 working days prior to commencement of demolition/renovation. For residential buildings of four or fewer dwelling units, 72 hour prior notification is acceptable with the payment of an additional fee(see schedule below). The District provides a form to use for notification of the two types of jobs. To obtain a Demolition or Renovation form, download it or call BAAQMD staff at(415) 749-4762. Information obtained from the form is stored and a job number(J#)is assigned to each demolition or renovation job that is notified. The J#is proof that the notification requirements of District Regulation 11-2 have been met. This information then allows BAAQMD staff to conduct an inspection to determine compliance with all other requirements of Regulation 11- 2. What is the difference between demolition/renovation? BAAQMD Regulation 11,Rule 2 defines demolition as the wrecking,dismantling or intentional burning of a structure. Renovation is the removal of Regulated Asbestos Containing Material (RACM). Is there a fee associated with a job number(J#)? Yes. District Regulation 3, Schedule L imposes a fee as authorized by the California Health& Safety Code. How do I know if there is asbestos in the structure I want to demolish or renovate? Regulation 11-2-303.8 requires that a survey be performed prior to demolition to determine the presence of RACM. The person who performs the survey must be Cal-OSHA certified and must have taken and passed an EPA approved building course. In the case of residential buildings having four or fewer dwelling units,the owner/operator can sample and test suspected asbestos containing materials rather than hiring a certified consultant. Where can I obtain a list of asbestos consultants/technicians who are certified to perform these surveys? This list can be obtained by calling the California Division of Occupational Safety and Health at 916-574-2993 or going to their web site. BAAQ-ASBESTOS FAQ Page 1 of 2 If there is no asbestos in the structure,do I still need to notify the BAAQMD of the demolition of the structure? Yes. BAAQMD Regulation 11-2-401.3 requires that notification of demolition must be made to the BAAQMD even if there is no asbestos present. Where can I obtain an asbestos Renovation or Demolition notification form? To obtain a Demolition or Renovation notification form,download it or call BAAQMD staff at(415) 749-4762. Where is asbestos typically found in a structure and how can I be certain asbestos is present? Asbestos can be found in various locations throughout a structure. Some examples include, but are not limited to acoustic ceilings,taping mud on sheet rock,plaster,flooring,heating ducts, stucco, flue pipes,pipe lagging, and roofmg. To determine the presence of asbestos, a sample must be taken to a laboratory and tested using polarized light microscopy(PLM)as the testing methodology. Can a homeowner remove asbestos? Yes. However, if the asbestos is determined to be RACM,the homeowner must comply with the removal, disposal and administrative requirements contained in BAAQMD Regulation 11,Rule 2. It is very difficult for a homeowner to set up a containment area or to comply with the HEPA exhaust requirements. What is Regulated Asbestos Containing Material(RACM)? Regulated Asbestos Containing Material(RACM)is defined in BAAQMD Regulation 11, Rule 2 as asbestos which is friable and contains greater than 1%asbestos.Friable asbestos is asbestos which can be crushed, crumbled or pulverized using simple hand pressure when dry.Non-friable asbestos containing materials containing greater than 1%asbestos are also considered to be RACM if they are subjected to sanding, drilling, grinding,cutting, abrading or may be crumbled,pulverized,or reduced to powder during the course of demolition or renovation. Does asbestos have to be removed? No. If it is in good condition and is not being disturbed,it is best to leave it undisturbed. In order for asbestos to be a health hazard, it must be released from the product into the air people breathe. Does my contractor have to be licensed to remove asbestos? The California State Contractors Board requires that a contractor have a valid,current contractors license and certificate for asbestos abatement work. They maintain a list of certified contractors on their web site. BAAQMD—939 Ellis Street, San Francisco, CA 94109—(415) 771-6000 http://www.baaqmd.gov/enf/asbestos/faq.asp BAAQ-ASBESTOS FAQ Page 2 of 2 JO. � BAY AREA AIR QUALITY MANAGEMENT DISTRICT COMPLIANCE ASSISTANCE ADVISORY February 4, 1993 TO: INTERESTED PARTIES FROM: DIRECTOR OF ENFORCEM SUBJECT: APPLICABILITY DETERMINATION - SHEETROCK JOINT COMPOUND The Environmental Protection Agency (EPA) recently made an asbestos NESHAP applicability determination regarding sheetrock joint compound. A copy of this letter is attached for your Information. Effective immediately, joint compound and/or tape applied to wallboard will now be considered an integral part of the wallboard and in effect one material forming a wall system. A composite analysis of thewall system (percent asbestos in the joint compound, tape and wallboard) is now acceptable during a survey. If the composite analysis shows an asbestos content of greater than one percent and is determined to be friable or will be made friable, it is subject to the work practices and waste disposal requirements of Regulation 11, Rule 2 during renovation and/or demolition. This policy of compositing material for analysis is only applicable to sheetrock joint compound. If you have any questions regarding this advisory, please call Naomi Bernardo, Air Quality Technician at (415) 771-6000, extension 4762, or your area asbestos inspector at (415) 771-6000, extension 4979. RKL:.g 939 ELLIS STREET • SAN FRANCISCO, CALIFORNIA 94109 • (415)771-6000 • FAX(415)928-8560 news May 8, 1991 MEMORANDUM SUBJECT: Clarification of Asbestos NESHAP Requirement to Perform Point Counting FROM: John B. Rasnic, Acting Director Stationary Source Compliance Division Office of Air Quality Planning and Standards TO: Air Management Division Directors Regions III and IX Air and Waste Management Division Director Region II Air Pesticides and Toxic Management Division Directors Region I, IV and VI Air and Radiation Division Director Region V Air and Toxic Division Directors Region VII, VIII and X CLARIFICATION OF NESHAP REQUIREMENT TO PERFORM POINT COUNTING TO QUANTIFY ASBESTOS BELOW 10% Since the amendment to the NESHAP for asbestos(Federal Register,Volume 55,Number 224,November 20, 1990)there have been several questions regarding the interpretation of the point count rule. Also, several recommendations for improving the quantitative analysis of asbestos in bulk samples have been made. This clarification notice addresses these questions and discusses the recommendations.A discussion of important considerations related to the quantitative analysis of asbestos in bulk samples follows the clarification statements. This clarification applies to all regulated asbestos containing materials as defined in 40 CFR Section 61.141. First,a sample in which no asbestos is detected by polarized light microscopy(PLM)does not have to be point counted. However, a minimum of three slide mounts should be prepared and examined in their entirety by PLM to determine if asbestos is present. This process should be carefully documented by the laboratory. Second, if the analyst detects asbestos in the sample and estimates the amount by visual estimation to be less than 10%,the owner or operator of the building may(1)elect to assume the amount to be greater than 1%and treat the material as asbestos-containing material or(2)require verification of the amount by point counting. Third, if a result obtained by point count is different from a result obtained by visual estimation,the point count result will be used. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 61 [OAQPS- ;FRL-] Asbestos NESHAP Clarification regarding analysis of multi-layered systems AGENCY: Environmental Protection Agency ACTION:Noticeof clarification to the Final Rule SUMMARY: This document provides clarification regarding the requirements of the National Emission Standards for Hazardous Air Pollutants(NESHAP) for asbestos. It is intended to address common questions regarding situations where one or more layers which may contain asbestos are present. FOR FURTHER INFORMATION CONTACT: Mr. Chris Oh at(703)308-8732 or Mr.Jeffery KenKnight at(703)308-8728 SUPPLEMENTARY INFORMATION: On November 20, 1990,the Federal:Register published the Environmental Protection Agency's(the Agency's)revision of the National Emission Standards for Hazardous Air Pollutants for Asbestos(asbestos NESHAP), 40 CFR part 61.,subpart M, 55 FP. 48406. The asbestos NESHAP applies to any facility as defined in 40 CFR 61.141. The Agency has learned that some of the regulated community have questions concerning the analysis of samples which may contain multiple layers, any or all of which may be asbestos containing materials(ACM)under the asbestos NESHAP.Because these questions are frequently asked,EPA is making this clarification. This clarification does not supersede, alter, or in any way replace the existing asbestos NESHAP. This notice is intended solely as guidance and does not represent an action subject to judicial review under the section 307(b)of the Clean Air Act section 704 of the Administrative Procedure Act. I. Clarification of multi-layered ACM system The Environmental Protection Agency has received many questions about analyzing multi-layered systems for asbestos content to determine the applicability of the asbestos NESHAP. This clarification reiterates EPA's position for analysis of multi-layered samples for.applicability of the asbestos NESHAP. In general,when a sample consists of two or more distinct layers or materials, each layer should be treated separately and the results reported by layer(discrete stratum). Specific examples are given below. Page 1 of 2 Plaster/Stucco Systems If plaster and stucco wall or ceiling systems are layered,and the layers can be distinguished,then the layers must be analyzed separately. Where a plaster or stucco wall system is constructed in layers,and the asbestos-containing layer becomes a distinguishable but "non-separable" component of the wall system,the results of the analysis of-the individual layer(s)may include a small amount of the other layers when analyzed(e.g. a skim coat layer may contain a small amount of the base coat layer in the analysis of the skim coat layer). Add-on Materials All materials added to wallboard or other base materials(e.g., sprayed-on materials, paint, ceiling or wall texture, etc.)must be analyzed separately, if possible. The results of the analysis of those individual layers of"add-on"material may not be averaged with the result of the analysis of wallboard for a composite result, but must be analyzed and reported separately. Where a thin coating of one material is applied over another material and the materials cannot be separated without compromising the layers,the analysis may include a small amount of the base layer. If for example,a paint layer containing asbestos is spread over a wallboard layer,and the paint layer cannot be separated from the wallboard,then a small amount of the wallboard layer may be included in the sample of the paint. If any of the "add-on"materials meet the definition of regulated asbestos-containing material(as defined in 40 CFR 61.141),and if at least 160 square feet of the material(s) are involved in demolition or renovation(whether planned or unplanned during a calendar year),then the project would be subject to the asbestos NESHAP. Joint Compound/Wallboard When joint compound and/or tape is applied to wallboard it becomes an part of the wallboard and in effect becomes one material forming a system. Therefore, where a demolition or renovation impacts such a wall system, a composite analysis of the wall system(percent of asbestos in the joint compound,tape and wallboard)should be conducted. If the analysis shows an asbestos content of greater than one percent and at least 160 square feet of the wall system is involved in the demolition or renovation activities(whether planned or unplanned,during a calendar year),then the activities would be subject to the asbestos NESHAP. Dated: December 3, 1993 Page 2 of 2 Environmental Protection Agency §61.141 §61.141 Definitions. part E, 40 CFR part 763, section 1, Po- All terms that are used in this sub- larized Light Microscopy. part and are not defined below are Category II nonfriable ACM means any given the same meaning as in the Act material, excluding Category I nonfri- and in subpart A of this part. able ACM, containing more than 1 per- Active waste disposal site means any cent asbestos as determined using the sub- disposal site other than an inactive methods CFR appendix E,site. part E, 40 CFR part 763, section 1, Po- larized Light Microscopy that, when Adequately wet means sufficiently dry, cannot be crumbled,pulverized, or mix or penetrate with liquid to prevent reduced to powder by hand pressure. the release of particulates. If visible Commercial asbestos means any mate- emissions are observed coming from as- rial containing asbestos that is ex- bestos-containing material, then that tracted from ore and has value because material has not been adequately wet- of its asbestos content. ted. However, the absence of visible Cutting means to penetrate with a emissions is not sufficient evidence of sharp-edged instrument and includes being adequately wet. Asbestos means the asbestiform vara- sawing, but does not include shearing, slicing, punching. eties of serpentinite (chrysotile), rie- emo t D beckite (crocidolite), cummingtonite- Demolition means the wrecking or taking out of any load-supporting grunerite, anthophyllite, and actino- structural member of a facility to- lite-tremolite. gether with any related handling oper- Asbestos-containing waste materials ations or the intentional burning of means mill tailings or any waste that any facility. contains commercial asbestos and is Emergency renovation operation means generated by a source subject to the a renovation operation that was not provisions of this subpart. This term planned but results from a sudden, un- includes filters from control devices, expected event that, if not imme- friable asbestos waste material, and diately attended to, presents a safety bags or other similar packaging con- or public health hazard, is necessary to taminated with commercial asbestos. protect equipment from damage, or is As applied to demolition and renova- necessary to avoid imposing an unrea- tion operations,this term also includes sonable financial burden. This term in- regulated asbestos-containing material cludes operations necessitated by non- waste and materials contaminated routine failures of equipment. with asbestos including disposable Fabricating means any processing equipment and clothing. (e.g., cutting, sawing, drilling) of a Asbestos mill means any facility en- manufactured product that contains gaged in converting, or in any inter- commercial asbestos, with the excep- mediate step in converting, asbestos tion of processing at temporary sites ore into commercial asbestos. Outside (field fabricating) for the construction storage of asbestos material is not con- or restoration of facilities. In the case sidered a part of the asbestos mill. of friction products, fabricating in- Asbestos tailings means any solid cludes bonding, debonding, grinding, waste that contains asbestos and is a sawing, drilling, or other similar oper- product of asbestos mining or milling ations performed as part of fabricating. operations. Facility means any institutional, Asbestos waste from control devices commercial, public, industrial, or resi- means any waste material that con- dential structure, installation, or tains asbestos and is collected by a poi- building (including any structure, in- lution control device. stallation, or building containing con- Category I nonfriable asbestos-con- dominiums or individual dwelling units taining material (ACM) means asbestos- operated as a residential cooperative, containing packings, gaskets, resilient but excluding residential buildings floor covering, and asphalt roofing having four or fewer dwelling units); products containing more than 1 per- any ship; and any active or inactive cent asbestos as determined using the waste disposal site. For purposes of method specified in appendix E, sub- this definition, any building, structure, 91 • • §61.141 40 CFR Ch. I (7-1-02 Edition) or installation that contains a loft Leak-tight means that solids or liq- used as a dwelling is not considered a uids cannot escape or spill out. It also residential structure, installation, or means dust-tight. building.Any structure,installation or Malfunction means any sudden and building that was previously subject to unavoidable failure of air pollution this subpart is not excluded,regardless control equipment or process equip- of its current use or function. ment or of a process to operate in a Facility component means any part of normal or usual manner so that emis- a facility including equipment. sions of asbestos are increased. Fail- Friable asbestos material means any ures of equipment shall not be consid- material containing more than.1 per- ered malfunctions if they are caused in cent asbestos as determined using the any way by poor maintenance, careless method specified in appendix E, sub- operation, or any other preventable part E, 40 CFR part 763, section 1, Po- upset conditions, equipment break- larized Light Microscopy, that, when down,or process failure. dry,can be crumbled,pulverized,or re- Manufacturing means the combining duced to powder by hand pressure. If of commercial asbestos—or, in the case the asbestos content is less than 10 per- of woven friction products, the cora- cent as determined by a method other bining of textiles containing commer- than point counting by polarized light cial asbestos—with any other mate- microscopy (PLM), verify the asbestos rial(s), including commercial asbestos, content by point counting using PLM. and the processing of this combination Fugitive source means any source of into a product. Chlorine production is emissions not controlled by an air pol- considered a part of manufacturing. lotion control device. Natural barrier means a natural ob- Glove bag means a sealed compact- ject that effectively precludes or deters ment with attached inner gloves used icalaccess. Natural barriers include es or for the handling of asbestos-containing other large bodiess such ofawatclier, lakes d materials. Properly installed and used, large water, deep and Remote- glove bags provide a small. work area wide by itself and a natural mountains.barrier. enclosure typically used for small-scale ness itself is not a natural barrier. asbestos stripping operations.Informa- ea nfriable asbestos-containing material tion on glove-bag installation, equip- tmeans any material containing more ment and supplies, and work practices usinghan 1 percent asbestos as determined is contained in the Occupational Safety tar methodCFRpart specified 763,in appendix and Health Administration's (OSHA's) P,subpart i 40 part sectionwhen 1, n final rule on occupational exposure to PolarizeddrycLight Microscopy,that,whon asbestos(appendix G to 29 CFR 1926.58). cannot o crumbled,ha ppressu e. or Grinding means to reduce to reducednc atpowder n hand pressure. powder Nonscheduled renovation operation or small fragments and includes me- means a renovation operation neces- chanical chipping or drilling. sitated by the routine failure of equip- In poor condition means the binding of ment, which is expected to occur with- the material is losing its integrity as in a given period based on past oper- indicated by peeling, cracking, or ating experience, but for which an crumbling of the material. exact date cannot be predicted. Inactive waste disposal site means any Outside air means the air outside disposal site or portion of it where ad- buildings and structures,including,but ditional asbestos-containing waste ma- not limited to, the air under a bridge terial has not been deposited within or in an open air ferry dock. the past year. Owner or operator of a demolition or Installation means any building or renovation activity means any person structure or any group of buildings or who owns,leases, operates,controls,or structures at a single demolition or supervises the facility being demol- renovation site that are under the con- ished or renovated or any person who trol of the same owner or operator (or owns, leases, operates, controls, or su- owner or operator under common con- pervises the demolition or renovation trol). operation,or both. 92 Environmental Protection Agency §61.142 Particulate asbestos material means Visible emissions means any emissions, finely divided particles of asbestos or which are visually detectable without material containing asbestos. the aid of instruments, coming from Planned renovation operations means a RACM or asbestos-containing waste renovation operation, or a number of material,or from any asbestos milling, such operations, in which some RACM manufacturing, or fabricating oper- will be removed or stripped within a ation.This does not include condensed, given period of time and that can be uncombined water vapor. predicted. Individual nonscheduled op- Waste generator means any owner or erations are included if a number of operator of a source covered by this such operations can be predicted to subpart whose act or process produces occur during a given period of time asbestos-containing waste material. based on operating experience. Waste shipment record means the ship- Regulated asbestos-containing material ping document, required to be origi- (RACM)means(a)Friable asbestos ma- nated and signed by the waste gener- terial, (b) Category I nonfriable ACM ator, used to track and substantiate that has become friable, (c) Category I the disposition of asbestos-containing nonfriable ACM that will be or has waste material. been subjected to sanding, grinding, Working day means Monday through cutting, or abrading, or(d)Category n Friday and includes holidays that fall nonfriable ACM that has a high prob- on any of the days Monday through ability of becoming or has become Friday. crumbled, pulverized, or reduced to [99 FR 13661,Apr.5,1984;49 FR 25453,June 21, powder by the forces expected to act on 1984,as amended by 55 FR 48414,Nov.20,1990; the material in the course of demoli- 56 FR 1669,Jan.16,1991;60 FR 31920,June 19, tion or renovation operations regulated 1995] by this subpart. Remove means to take out RACM or §61.142 Standard for asbestosmflls. facility components that contain or are (a) Each owner or operator of an as- covered with RACM from any facility. bestos mill shall either discharge no Renovation means altering a facility visible emissions to the outside air or one or more facility components in from that asbestos mill,including fugi- any way, including the stripping or re- tive sources, or use the methods specf- moval of RACM from a facility compo- fled by §61.152 to clean emissions con- neut. Operations in which load-sup- taming particulate asbestos material porting structural members are before they escape to, or are vented to, wrecked or taken out are demolitions. the outside air. Resilient floor covering means asbes- (b) Each owner or operator of an as- tos-containing floor tile, including as- bestos mill shall meet the following re- phalt and vinyl floor tile, and sheet quirements: vinyl floor covering containing more (1) Monitor each potential source of than 1 percent asbestos as determined asbestos emissions from any part of the using polarized light microscopy ac- mill facility,including air cleaning de- cording to the method specified in ap- vices,process equipment, and buildings pendix E, subpart E, 40 CFR part 763, that house equipment for material section 1,Polarized Light Microscopy, processing and handling, at least once Roadways means surfaces on which each day, during daylight hours, for vehicles travel. This term includes visible emissions to the outside air dur- public and private highways, roads, ing periods of operation. The moni- streets,parking areas,and driveways. toring shall be by visual observation of Strip means to take off RACM from at least 15 seconds duration per source any part of a facility or facility compo- of emissions. nents. (2)Inspect each air cleaning device at Structural member means any load- least once each week for proper oper- supporting member of a facility, such ation and for changes that signal the as beams and load supporting walls; or potential for malfunction,including, to any nonload-supporting member, such the maximum extent possible without as ceilings and nonload-supporting dismantling other than opening the de- walls, vice, the presence of tears, holes, and 93 §61.145 40 CFR Ch.I (7-1-06 Edition) *61.145 Standard for demolition and renovation operation, all the require- renovation. ments of paragraphs (b) and (c) of this (a) Applicability. To determine which section apply if the combined amount requirements of paragraphs(a),(b),and of RACM to be stripped, removed, dis- (c)of this section apply to the owner or lodged, cut, drilled, or similarly dis- operator of a demolition or renovation turbed is activity and prior to the commence- (i) At least 80 linear meters (260 lin- ment of the demolition or renovation, ear feet) on pipes or at least 15 square thoroughly inspect the affected facility meters (160 square feet) on other facil- or part of the facility where the demo- . ity components,or lition or renovation operation will (ii) At least 1 cubic meter (35 cubic occur for the presence of asbestos, in- feet) off facility components where the chiding Category I and Category II length or area could not be measured nonfriable ACM. The requirements of previously. paragraphs (b) and (c) of this section (iii)To determine whether paragraph apply to each owner or operator of a (a)(4) of this section applies to planned demolition or renovation activity, in- renovation operations involving indi- cluding the removal of RACM as fol- vidual nonscheduled operations, pre- lows: dict the combined additive amount of (1)In a facility being demolished, all RACM to be removed or stripped dur- the requirements of paragraphs(b) and ing a calendar year of January 1 (c)of this section apply,except as pro- through December 31. vided in paragraph (a)(3) of this sec- (iv) To determine whether paragraph tion,if the combined amount of RACM (a)(4) of this section applies to emer- is gency renovation operations, estimate (1) At least 80 linear meters (260 lin- the combined amount of RACM to be ear feet) on pipes or at least 15 square removed or stripped as a result of the meters (160 square feet) on other facil- sudden, unexpected event that neces- ity components,or sitated the renovation. (11) At least 1 cubic meter (35 cubic (5)Owners or operators of demolition feet)off facility components where the and renovation operations are exempt length or area could not be measured from the requirements of §§61.05(a), previously. 61.07,and 61.09. (2) In a facility being demolished, (b) Notification requirements. Each only the notification requirements of paragraphs(b)(1),(2),(3)(i)and(iv),and owner or operator of a demolition or (4)(i) through (vii) and (4)(1x) and (xvi) renovation activity to which this sec- of this section apply, if the combined tion applies shall: amount of RACM is (1) Provide the Administrator with (i)Less than 80 linear meters(260 lin- written notice of intention to demolish ear feet) on pipes and less than 15 or renovate. Delivery of the notice by square meters(160 square feet)on other U.S. Postal Service, commercial deliv- facility components,and ery service, or hand delivery is accept- (11) Less than one cubic meter (35 able. cubic feet) off facility components (2) Update notice, as necessary, in- where the length or area could not be eluding when the amount of asbestos measured previously or there is no as- affected changes by at least 20 percent. bestos. (3)Postmark or deliver the notice as (3)If the facility is being demolished follows: under an order of a State or local gov- (i)At least 10 working days before as- ernment agency, issued because the fa- bestos stripping or removal work or cility is structurally unsound and in any other activity begins (such as site danger of imminent collapse, only the preparation that would break up, dis- requirements of paragraphs (b)(1), lodge or similarly disturb asbestos ma- (b)(2), (b)(3)(iii), (b)(4) (except terial), if the operation is described in (b)(4)(viii)), (b)(5), and (c)(4) through paragraphs (a) (1) and (4) (except (c)(9)of this section apply. (a)(4)(iii) and (a)(4)(iv)) of this section. (4) In a facility being renovated, in- If the operation is as described in para- eluding any individual nonscheduled graph(a)(2)of this section,notification 104 • Environmental Protection Agency §61.145 is required 10 working days before dem- (C) In no event shall an operation olition begins. covered by this paragraph begin on a (ii) At least 10 working days before date other than the date contained in the end of the calendar year preceding the written notice of the new start the year for which notice is being given date. for renovations described in paragraph (4) Include the following in the no- (a)(4xiii)of this section. tice: (iii) As early as possible before, but (i) An indication of whether the no- not later than, the following working tice is the original or a revised notifi- day if the operation is a demolition or- cation. dered according to paragraph (a)(3) of (ii) Name, address, and telephone this section or, if the operation is a number of both the facility owner and renovation described in paragraph operator and the asbestos removal con- (a)(4)(iv)of this section. tractor owner or operator. (iv)For asbestos stripping or removal (iii)Type of operation: demolition or work in a demolition or renovation op- renovation. enation, described in paragraphs (a) (1) (iv) Description of the facility or af- and (4) (except (a)(4)(iii) and (a)(4)(iv)) fected part of the facility including the of this section,and for a demolition de- size (square meters [square feet] and scribed in paragraph (a)(2) of this sec- number of floors), age, and present and tion, that will begin on a date other prior use of the facility. than the one contained in the original (v) Procedure, includi notice, notice of the new start date ng analytical must be provided to the Administrator methods, employed to detect the pres- as follows: ence of RACM and Category I and Cat- (A) When the asbestos stripping or egory II nonfriable ACM. removal operation or demolition oper- ation covered by this paragraph will amount of RACM to be removed from begin after the date contained in the the facility in terms of length of pipe notice, in linear meters (linear feet), surface (1) Notify the Administrator of the area in square meters (square feet) on new start date by telephone as soon as other facility components, or volume possible before the original start date, in cubic meters (cubic feet) if off the and facility components.Also,estimate the (2) Provide the Administrator with a approximate amount of Category I and written notice of the new start date as Category II nonfriable ACM in the af- soon as possible before, and no later fected part of the facility that will not than, the original start date. Delivery be removed before demolition. of the updated notice by the U.S. Post- (vii) Location and street address (in- al Service, commercial delivery serv- cluding building number or name and ice,or hand delivery is acceptable. floor or room number, if appropriate), (B)When the asbestos stripping or re- city, county, and state, of the facility moval operation or demolition oper- being demolished or renovated. ation covered by this paragraph will (viii) Scheduled starting and comple- begin on a date earlier than the origi- tion dates of asbestos removal work(or nal start date, any other activity, such as site prepa- (1) Provide the Administrator with a ration that would break up, dislodge, written notice of the new start date at• or similarly disturb asbestos material) least 10 working days before asbestos in a demolition or renovation; planned stripping or removal work begins. renovation operations involving indi- (2) For demolitions covered by para- vidual nonscheduled operations shall graph(a)(2) of this section,provide the only include the beginning and ending Administrator written notice of a new dates of the report period as described start date at least 10 working days be- in paragraph(a)(4)(iii)of this section. fore commencement of demolition. De- (ix) Scheduled starting and comple- livery of updated notice by U.S. Postal tion dates of demolition or renovation. Service, commercial delivery service, (x)Description of planned demolition or hand delivery is acceptable. or renovation work to be performed 105 §61.145 40 CFR Ch. I (7-1-06 Edition) and method(s) to be employed, includ- (1) Remove all RACM from a facility ing demolition or renovation tech- being demolished or renovated before niques to be used and description of af- any activity begins that would break fected facility components. up, dislodge, or similarly disturb the (xi)Description of work practices and material or preclude access to the ma- engineering controls to be used to coin- terial for subsequent removal. RACM ply with the requirements of this sub- need not be removed before demolition part, including asbestos removal and if: waste-handling emission control proce- (i) It is Category I nonfriable ACM dures. that is not in poor condition and is not (xii) Name and location of the waste friable. disposal site where the asbestos-con- (ii)It is on a facility component that taming waste material will be depos- is encased in concrete or other simi- ited. larly hard material and is adequately (xiii)A certification that at least one wet whenever exposed during demoli- person trained as required by para- tion;or graph (c)(8) of this section win super- (iii) It was not accessible for testing vise the stripping and removal de- and was,therefore,not discovered until scribed by.this notification. This re- after demolition began and, as a result quirement shall become effective 1 of the demolition, the material cannot year after promulgation of this regula- be safely removed. If not removed for tion. safety reasons, the exposed RACM and (xiv) For facilities described in para- any asbestos-contaminated debris must graph (a)(3)Fois section,crithe name, be treated as asbestos-containing waste material and adequately wet at all title, and authority of the State or local government representative who times TheyuntidisposedreCategory of. has ordered the demolition, the date (iv)Mare IIi nonfriablelowt that the order was issued, and the date theACM and the probabilityois low that on which the demolition was ordered to pulverized,materialsrdu become opo crumbled, begin. A copy of the order shall be at- emoor reduced to powder during tached to the notification. demolition. (xv) For emergency renovations de- (2) When a facility component that contains, is covered with, or is coat scribed in paragraph (a)(4)(iv) of this section, the date and hour that the with RACM is being taken out of thee emergency occurred, a description of facility Adequately a unit or in sections: the sudden, unexpected event, and an (ii cutting bis all RACM raposed explanation of how the event caused an during cutting or disjoining operations; and unsafe condition,or would cause equip- damage or an unreasonable Finan- (ii) Carefullylower each unit or sec- ment , cial burden. tionntoothhee floor and to ground level, (xvi) Description of procedures to be not dropping, throwing, sliding,or oth- erwisefollowed m ACM the event that unexpected Rdamaging or disturbing the RACM is found or Category II nonfri- (3)RACM. fa- able ACM becomes crumbled, pulver- When RACM is stripped froma ized,or reduced to powder. cility component while it remains in ad (xvii) Name, address, and telephone place in the facility,ingstrippingrye wet the RACM during the oper- number of the waste transporter. ation. (5)The information required in para- (i) In renovation operations, wetting graph (b)(4) of this section must be re- is not required if: ported using a form similiar to that (A) The owner or operator has ob- shown in Figure 3. tamed prior written approval from the (c) Procedures for asbestos emission Administrator based on a written ap- control. Each owner or operator of a plication that wetting to comply with demolition or renovation activity to this paragraph would unavoidably dam- whom this paragraph applies, accord- age equipment or present a safety haz- ing to paragraph (a) of this section, ard;and shall comply with the following proce- (B)The owner or operator uses of the dures: following emission control methods: 106 Environmental Protection Agency §61.14.5 (1) A local exhaust ventilation and (i)The component is removed, trans- collection system designed and oper- ported, stored, disposed of, or reused ated to capture the particulate asbes- without disturbing or damaging the tos material produced by the stripping RACM. and removal of the asbestos materials. (ii) The component is encased in a The system must exhibit no visible leak-tight wrapping. emissions to the outside air or be de- (iii) The leak-tight wrapping is la- signed and operated in accordance with beled according to §61.149(d)(1)(i), (ii), the requirements in§61.152. and(iii)during all loading and unload- (2) A glove-bag system designed and ing operations and during storage. operated to contain the particulate as- (6) For all RACM, including material bestos material produced by the strip- that has been removed or stripped: ping of the asbestos materials. (i) Adequately wet the material and (3) Leak-tight wrapping to contain ensure that it remains wet until col- all RACM prior to dismantlement. lected and contained or treated in prep- (ii) In renovation operations where aration for disposal in accordance with wetting would result in equipment §61.150;and damage or a safety hazard, and the (ii) Carefully lower the material to methods allowed in paragraph (c)(3)(i) the ground and floor, not dropping, of this section cannot be used, another throwing, sliding, or otherwise dam- method may be used after obtaining aging or disturbing the material written approval from the Adminis- (iii) Transport the material to the trator based upon a determination that ground via leak-tight chutes or con- it is equivalent to wetting in control- tainers if it has been removed or ling emissions or to the methods al- stripped more than 50 feet above lowed in paragraph (c)(3)(i) of this sec- ground level and was not removed as tion. units or in sections. (iii) A copy of the Administrator's (iv) RACM contained in leak-tight written approval shall be kept at the wrapping that has been removed in ac- worksite and made available for in- cordance with paragraphs (c)(4) and spection. (c)(3)(i)(B)(3)of this section need not be (4) After a facility component cov- wetted. ered with, coated with, or containing (7) When the temperature at the RACM has been taken out of the facil- point of wetting is below 0°C(32°F): ity as a unit or in sections pursuant to (i) The owner or operator need not paragraph(c(2)of this section,it shall comply with paragraph(c)(2)(i)and the be stripped or contained in leak-tight wetting provisions of paragraph (c)(3) wrapping, except as described in para- of this section. graph (c)(5)of this section. If stripped, (ii) The owner or operator shall re- either: move facility components containing, (i) Adequately wet the RACM during coated with, or covered with RACM as stripping;or units or in sections to the maximum (ii) Use a local exhaust ventilation extent possible. and collection system designed and op- (iii) During periods when wetting op- erated to capture the particulate asbes- orations are suspended due to freezing tos material produced by the stripping. temperatures, the owner or operator The system must exhibit no visible must record the temperature in the emissions to the outside air or be de- area containing the facility compo- signed and operated in accordance with nents at the beginning,middle,and end the requirements in§61.152. of each workday and keep daily tern- (5) For large facility Components perature records available for inspec- such as reactor vessels, large tanks, tion by the Administrator during nor- and steam generators, but not beams mal business hours at the demolition (which must be handled in accordance or renovation site. The owner or oper- with paragraphs (c)(2), (3), and (4) of ator shall retain the temperature this section), the RACM is not required records for at least 2 years. to be stripped if the following require- (8) Effective 1 year after promulga- ments are met: tion of this regulation, no RACM shall 107 §61.145 40 CFR Ch. I (7-1-06 Edition) be stripped,removed,or otherwise han- ters; waste disposal work practices; re- dled or disturbed at a facility regulated porting and recordkeeping; and asbes- by this section unless at least one on- tos hazards and worker protection.Evi- site representative, such as a foreman dente that the required training has or management-level person or other been completed shall be posted and authorized representative, trained in made available for inspection by the the provisions of this regulation and Administrator at the demolition or the means of complying with them, is renovation site. present. Every 2 years, the trained on- (9) For facilities described in site individual shall receive refresher para- training in the provisions of this regu- graph (a)(3) of this section, adequately lation. The required training shall in- wet the portion of the facility that elude as a minimum: applicability; no- contains RACM during the wrecking tifications; material identification; operation. control procedures for removals includ- (10) If a facility is demolished by fin- ing, at least, wetting, local exhaust tentional burning, all RACM including ventilation, negative pressure. enclo- Category I and Category II nonfriable sures, glove-bag procedures, and High ACM must be removed in accordance Efficiency Particulate Air (HEPA) fil- with the NESHAP before burning. 108 u a ons Subchapter 2.Regulations of the Division of Occupational Safety and Health Article 2.5.Registration--Asbestos-Related Work §341.6.Registration Requirements. ,(a)An employer who will be engaging in asbestos-related work,as defined, in subsection (b), involving 100 square feet or more of surface area of asbestos-containing material,computed in accordance with subsection(e)of this section, shall apply for:and obtain a registration from the division prior to the. commencement of any such work. . The registration shall be valid for one year after issuance by the division. (b) "Asbestos-related work"means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture,the mining or excavation of asbestos-bearing ore or materials,or the installation or repair of automotive materials containing asbestos. (c) "Asbestos containing construction materials"means any manufactured construction material which contains more than 1/10th of 1%asbestos by weight. (d) "Asbestos"means fibrous forms of various hydrated minerals including chrysotile(fibrous serpentine), crocidolite(fibrous riebeckite),amosite(fibrous cummingtonite-grunerite), fibrous tremolite, fibrous actinolite,and fibrous anthophyllite. (e)The square footage of asbestos containing construction material,as defined in subsection(c)of this section, shall be determined by computing the surface area of any such material which will be handled during the course of the work being performed by the employer at a single worksite. If the asbestos containing construction material is situated in noncontiguous locations at a single worksite,the total square footage of such asbestos containing construction material shall be included in the computation, unless the work is performed as part of a routine and continuing maintenance and repair plan of existing fixtures or machinery where each component of such work involves less than 100 square feet. "A single worksite," as used in this subsection, shall include all buildings, structures,premises, fixtures, machinery or other areas containing asbestos containing construction material which will be handled during the course of the work for which the employer has contracted whether pursuant to single or multiple contracts with the same hirer. This article is not intended to apply to asbestos-related work involving less than 100 square feet of asbestos containing construction material performed at separate unrelated worksites by the same employer even though the aggregate total of all such work equals or exceeds one hundred square feet annually. NOTE: The requirements of this section apply only to asbestos-related work involving 100 square feet or more of surface area of asbestos-containing construction material. Compliance with this section shall constitute compliance with the reporting requirements of section 5208 of title 8 of the California Code of Regulations. For asbestos-related work involving less than 100 square feet of surface area of asbestos- containing construction material,and for other work involving the use or handling of asbestos, employers shall comply with the reporting requirements of section 5208 of title 8 of the California Code of Regulations. NOTE: Authority cited: Sections 60.5, 6308 and 6501.5, Labor Code. Reference: Sections 6501.5, 6501.7 and 6501.8, Labor Code. 4 d • 1 State of California i s Division of Occupational Safety and Health arl . rltan 4 r : s:: cerVi.aatiettNo a Exottes voscomicatiktoiokimieekena ckopptioiosoosidolueddiedb I< 71 bettOlushoseaed