326 Ind. Admin. Code 14-10-4

Current through October 23, 2024

Section 326 IAC 14-10-4 - Asbestos emission control

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 4-21.5-3-7; IC 13-15; IC 13-17

Sec. 4.

(a) The owner or operator of a demolition or renovation activity to whom this section applies shall comply with the applicable emission control procedures in this section.

(b) The owner or operator shall remove all RACM from a facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal. RACM need not be removed before demolition if the RACM meets any one (1) of the following requirements:

(1) It is Category I nonfriable ACM that:

(A) is not in poor condition;

(B) is not friable; and

(C) will not become friable during demolition.

(2) It is on a facility component that is:

(A) encased in concrete or other similarly hard material; and

(B) adequately wet whenever exposed during demolition.

(3) It was not accessible for testing and not discovered until after demolition began and, as a result of the demolition, the material cannot be safely removed. If not removed for safety reasons, the exposed RACM and any asbestos-contaminated debris must be:

(A) treated as asbestos-containing waste material; and

(B) adequately wet at all times until properly disposed of at an active waste disposal site operated in accordance with the requirements of 40 CFR 61.150 * and 329 IAC 10-8.2-4.

(4) It is Category II nonfriable ACM and the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition.

(c) When a facility component that contains, is covered with, or is coated with RACM is taken out of the facility as a unit or in sections, the following requirements apply:

(1) All RACM exposed during cutting or disjoining operations must be adequately wet.

(2) Each unit or section must be carefully lowered to the floor and to ground level, not dropping, throwing, sliding, or otherwise damaging or disturbing the RACM.

(3) After a facility component has been taken out of the facility as a unit or in sections, it must be stripped or contained in leak-tight wrapping, except as described in subsection (e). If stripped, one (1) of the following must be performed:

(A) Adequately wet RACM during stripping.

(B) Use a local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping. The system must exhibit no visible emissions to the outside air and be designed and operated in accordance with the requirements in 40 CFR 61.152 *.

(d) When RACM is stripped from a facility component while it remains in place in the facility, the RACM must be adequately wet during the stripping operation. In renovation operations, wetting is not required if the following occur:

(1) The owner or operator has obtained prior written approval from the department based on a written application indicating that wetting to comply with this subsection would unavoidably damage equipment or present a safety hazard.

(2) The owner or operator uses one (1) or more of the following emission control methods:

(A) A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air and be designed and operated in accordance with the requirements in 40 CFR 61.152 *.

(B) A glove bag system designed and operated to contain the particulate asbestos material produced by the stripping of the asbestos materials.

(C) Leak-tight wrapping to contain all RACM prior to removal.

(3) In renovation operations where wetting would result in equipment damage or a safety hazard and the methods in subdivision (2) cannot be used, another method may be used after obtaining written approval from the department based upon a determination that the method is equivalent to wetting in controlling emissions or to the methods in subdivision (2).

(4) A copy of the department's written approval must be kept at the work site and made available for inspection.

(5) Denial by the department of prior written approval referenced in this subsection may be appealed under IC 4-21.5-3-7.

(e) For large facility components, such as reactor vessels, large tanks, and steam generators, but not beams, that must be handled in accordance with subsections (c) and (d), the RACM is not required to be stripped if the following requirements are met:

(1) The component is removed, transported, stored, disposed of, or reused without disturbing or damaging the RACM.

(2) The component is encased in a leak-tight wrapping.

(3) The leak-tight wrapping is labeled according to 40 CFR 61.149(d)(1) * during all loading and unloading operations and during storage.

(f) For all RACM, including material that has been removed or stripped, the following requirements must be met:

(1) The material must:

(A) be adequately wet;

(B) remain wet until collected and contained or treated for disposal;

(C) be disposed of in accordance with 40 CFR 61.150 * and 329 IAC 10-8.2-4; and

(D) be adequately wet throughout all stages of disposal.

(2) The materials must be carefully lowered to the ground and floor, not dropping, throwing, sliding, or otherwise damaging or disturbing the material.

(3) The material must be transported to the ground via leak-tight chutes or containers if it has been removed or stripped more than fifty (50) feet above ground level and was not removed as units or in sections.

(4) RACM contained in leak-tight wrapping that has been removed in accordance with subsection (c)(3), (d)(2)(C), or (g)(2)(B)(iii) need not be wetted.

(g) When the temperature at the point of wetting is below zero (0) degrees Celsius (thirty-two (32) degrees Fahrenheit), the owner or operator must proceed with both of the following:

(1) Remove facility components containing, coated with, or covered with RACM as units or in sections to the maximum extent possible.

(2) During periods when wetting operations are suspended due to freezing temperatures, the following requirements must be met:

(A) Record the temperature in the area containing the facility components at the beginning, middle, and end of each workday and keep daily temperature records available for inspection by the department at the demolition or renovation site and retain the temperature records for at least two (2) years.

(B) Use one (1) or more of the following emission control methods:

(i) A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air and be designed and operated in accordance with the requirements in 40 CFR 61.152 *.

(ii) A glove bag system designed and operated to contain the particulate asbestos material produced by the stripping of the asbestos materials.

(iii) Leak-tight wrapping to contain all RACM prior to removal.

(h) For facilities described in section 1(c) of this rule undergoing an ordered demolition, adequately wet the portion of the facility that contains RACM and suspect RACM during the wrecking cleanup, disposal, and related handling operations.

(i) Upon completion of stripping and removal operations for a demolition operation described in section 1(b) of this rule and a renovation operation described in section 1(d) through 1(g) of this rule, collect visible contamination of asbestos by employing one (1) or both of the following cleaning procedures:

(1) Vacuum all surfaces in the work area using a vacuum equipped with a HEPA filter and remove all standing water.

(2) Wet wipe or wet mop all surfaces in the work area and remove all standing water.

(j) Upon completion of the cleanup requirements identified in subsection (i), prior to the removal of the warning signs or other demarcation of the work area, an Indiana-licensed project supervisor shall perform a final visual inspection of the work area for visible suspect RACM debris as follows:

(1) If visible suspect RACM debris is discovered, then the requirements of subsection (i) must be repeated until all visible suspect RACM debris has been removed.

(2) Upon completion of the visual inspection and requirements of subdivision (1), if applicable, the project supervisor shall certify in writing that the final visual inspection was completed and the work area is free of all visible suspect asbestos debris.

(3) The certification must:

(A) include the date of the final visual inspection, the location of the asbestos removal project, and the licensed project supervisor's signature;

(B) be retained by the asbestos abatement contractor for a period of at least three (3) years from the date of the final visual inspection;

(C) be made available upon request from the department; and

(D) be copied and the copy sent to the building owner.

(k) For any RACM or suspect RACM, the following requirements must be met:

(1) Any stripped, disturbed, or removed friable asbestos materials, including material that is in a leak-tight wrapping and left at a facility or stored elsewhere prior to disposal, must be securely stored as follows:

(A) The material must be stored:

(i) in a manner that restricts access by unauthorized persons to the material; and

(ii) in locked containers, rooms, trucks, or trailers.

(B) Asbestos warning signs or labels must be prominently displayed:

(i) on the door of the locked containers, rooms, trucks, or trailers; and

(ii) in all areas where asbestos is stored.

(C) If secure areas are not available, other security measures must be employed, including the use of barriers, security guards, or other measures approved by the department.

(2) If an ongoing asbestos project is interrupted for any nonemergency situation, the following apply:

(A) All RACM that was disturbed, stripped, or removed must be:

(i) adequately wet;

(ii) placed into leak-tight wrapping; and

(iii) stored in a manner consistent with subdivision (1).

(B) If the RACM that was stripped, disturbed, or removed is not, or cannot be, collected and placed into leak-tight wrapping and stored during the abatement interruption, an Indiana-licensed worker or project supervisor must remain at the job site to prevent unauthorized persons from entering the work area.

(C) Asbestos warning signs or labels must be posted on all entrances and exits to the work area.

(l) If a facility is demolished by intentional burning, all RACM, including Category I and Category II nonfriable ACM, must be removed in accordance with this rule before burning. ACM may not be burned.

(m) An asbestos removal project must not be implemented at a facility regulated by this rule unless at least one (1) Indiana-licensed project supervisor, trained in the provisions of this rule and 40 CFR 61, Subpart M*, and the means of complying with them, is present on-site in the work area during the asbestos removal project.

(n) An Indiana-licensed project supervisor shall attend annual refresher training from an Indiana-approved project supervisor course as provided for in 326 IAC 18 and 40 CFR 61, Subpart M*. The required training must include, as a minimum, the following:

(1) Applicability.

(2) Notifications.

(3) Material identification.

(4) Control procedures for removals, including, at least, wetting, local exhaust ventilation, negative pressure enclosures, glove bag procedures, and HEPA filters.

(5) Waste disposal work practices.

(6) Reporting and record keeping.

(7) Asbestos hazards and worker protection.

(o) Evidence that the training required under subsection (n) has been completed must be posted and made available for inspection by the department at the demolition or renovation site.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

326 IAC 14-10-4

Air Pollution Control Board; 326 IAC 14-10-4; filed Dec 5, 1990, 3:40 p.m.: 14 IR 611; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2018; filed May 12, 1998, 9:15 a.m.: 21 IR 3745; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1571; filed Aug 26, 2004, 11:30 a.m.: 28 IR 93

Filed 5/9/2019, 2:28 p.m.: 20190605-IR-326090363FRA