06- 096 C.M.R. ch. 425, § 2

Current through 2024-51, December 18, 2024

Section 096-425-2 - General Provisions

A. Applicability. These rules and regulations apply to asbestos abatement activities, including removal, encapsulation, demolition, enclosure, repair, and handling, and associated activities such as inspection, design, analysis, monitoring, and training, conducted in the State of Maine.

B.Relationships to Other Rules. Disposal of asbestos and asbestos-containing material is governed by Maine's Landfill Siting, Design and Operation Rule, 06-096 CMR 401. Transportation of asbestos or asbestos-containing waste material is governed by Maine's Transportation of Hazardous Materials Rule, 16-219 CMR 60, (effective July 27, 2010 as amended) as administered by the Maine Department of Public Safety.

C.Right of Entry. Employees and agents of the Department may enter any property at reasonable hours and enter any building with the consent of the property owner or operator, occupant or agent, or pursuant to an administrative search warrant, in order to inspect the property or structure, take samples or conduct tests as appropriate to determine compliance with any asbestos laws and regulations administered by the Department or the terms and conditions of any order, license, permit, approval or decision of the Commissioner or the Board.

D.Prohibition. No person or owner or operator may engage in, or arrange for, any asbestos abatement activities in Maine unless the asbestos abatement activity is performed by licensed entities and certified professionals, notification is provided to the Department, and the appropriate work practice standards are followed, in accordance with this rule.

E.Exemptions

(1) The disposal of asbestos waste or other asbestos abatement activity related to disposal at a site licensed to accept asbestos waste for disposal is exempt from this rule.

(2) Persons undertaking asbestos abatement activities in single-unit residential buildings are exempt from the licensing and certification requirements of these rules provided that the activities are limited to heating equipment and performed by persons licensed by the Oil and Solid Fuel Board under Title 32, chapter 33, to install, repair, remove, or service heating equipment. These persons must comply with the notification, work practices, and other requirements of these rules.

F. Activities Not Subject to This Rule. The following activities are not subject to this rule:

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Note: While the activities delineated below are not subject to this rule, they are subject to the following regulations:

Federal OSHA General and Construction Standards apply to all of the removal/containerization activities listed below; removal requirements include, but are not limited, work practice and engineering controls. Containerization requirements include placing asbestos waste in leak-proof containers. OSHA regulations apply whenever a business entity employs individuals for compensation (homeowners are not subject to OSHA's regulations). Please contact OSHA for information on how to comply with their standards. The Federal Asbestos in Schools Rule (commonly referred to as AHERA) contains specific requirements for all asbestos-related activities that take place in public schools including but not limited to, training requirement for school personnel that disturb asbestos. School personnel need to check with the school's Designated Person before undertaking any asbestos-related activities. The transportation ofasbestos-containing materials is governed by Maine's Non-Hazardous Waste Transporter Licenses, 06-096 CMR 411. This rule requires that businesses that transportasbestos-containing material be licensed by theDepartment before doing so. The disposal of asbestos-containing materials in Maine is governed by Maine's Landfill Siting, Design, and Operation Rule, 06-096 CMR 401.

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Note: Please contact the DEP Asbestos Hazard Prevention Program at (207) 287-2651 to receive information on how to perform the activities listed below safely and how not to become subject to the requirements of this rule.

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(1) The removal and containerization of intact asbestos-containing latex, asphaltic or petroleum-based materials including but not limited to mastics, glues, cements, sealants, coatings, and adhesives provided they are not sanded, grinded, abraded or cut with a mechanical cutter.

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Note: The use of bead or shot blasting equipment constitutes grinding and is therefore a regulated activity. Scraping and scrubbing asbestos-containing asphaltic or petroleum-based materials is not considered sanding, cutting, grinding or abrading.

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Note: The work practice requirements for the removal and containerization of greater than 3 square feet of asbestos-containing latex, asphaltic or petroleum-based materials that are sanded, grinded, abraded are set forth in Section 7(D) of this rule. The work practice requirements for the removal and containerization of more than 105 square feet of asbestos-containing latex, asphaltic or petroleum-based materials that are cut with mechanical roof cutters are set forth in Section 7(D); performing these activities requires licensure as an asbestos abatement contractor. The 105 square feet threshold is based on EPA's "Interpretive Rule Governing Roof Removal Operations 40 CFR Part 61 Appendix A to Subpart M dated June 17, 1994 which states that cutting 5,580 ft² of asbestos-containing roofing material creates 160 ft² of friable ACM, the point at which asbestos-containing roof project becomes subject to federal NESHAP requirements; cutting 105 ft² of asbestos-containing roofing material creates 3 ft² of ACM, the regulatory threshold of an "asbestos abatement activity" per Maine asbestos laws and regulations.

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(2) The removal and containerization of asbestos-containing cementitious products such as exterior siding at owner-occupied single family residential units when performed by the homeowner.

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Note: Homeowners should contact the DEP Asbestos Hazard Prevention Program at (207) 287-2651 to receive information on how to safely perform this activity. If you live in a single-family home that you own and want someone else to remove your asbestos siding for you, you must hire a licensed asbestos abatement contractor. The removal of asbestos siding from multi-family dwellings and commercial buildings must be done by a Maine-licensed asbestos abatement contractor.

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(3) The removal and containerization of intact asbestos-containing cementitious piping and electrical conduits provided they are not sanded, grinded, abraded or cut with a mechanical cutter. Each section must be removed using best management practices such that a minimum amount of breakage occurs during the initial removal of fasteners, other attaching system or decoupling, and the product remains intact throughout the remainder of the removal and containerization process.

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Note: The work practice requirements for the removal and containerization of greater than 3 square feet of other asbestos-containing cementitious materials not listed above and for asbestos-containing piping and electrical conduits that are sanded, grinded, abraded or mechanical cutter are set forth in Section 7(D) of this rule; performing these activities requires licensure as an asbestos abatement contractor.

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(4) The removal and containerization of intact asbestos-containing caulking or glazing.

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Note: The work practice requirements for the removal and containerization of intact asbestos-containing caulking or glazing that are sanded, grinded, abraded or cut with a mechanical cutter are set forth in Section 7(A) of this rule;performing these activities requires licensure as an asbestos abatement contractor.

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(5) The removal and containerization of asbestos-containing joint compound used to fill nail holes and tape seams in building component systems including but not limited to walls and ceilings.

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Note: Joint compound used as a layered system on walls, ceilings, etc., is not exempt.

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(6) The removal and containerization of asbestos-containing gaskets when the gasket itself is encased by a facility component and will not be disturbed or impacted by the operation.

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Note: An example of this type of operation would be removal of a flange gasket by cutting or removing the piping on either side of the flange.

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(7) The removal and containerization of intact asbestos-containing flooring except for felt-backed sheet flooring products, in a non-aggressive method, using infrared tile lift machine or heat guns, where the flooring is removed in a sufficiently heated state whereby the intact flooring comes up whole.

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Note: Removingasbestos-containing flooring products with an ice scraper is an aggressive removal method and therefore subject to the work practice requirements set forth in Section 7 of this rule; performing this activity requires licensure as an asbestos abatement contractor. Many vinyl sheet floor covering products have a felt back layering to them; asbestos fibers are present in the layering. The felt is readily visible on the back side of the flooring product. The layers can separate during the removal process thereby releasing asbestos fibers; using infrared heat or heat guns to loosen the product from the substrate may not prevent this (layer separation) from occurring.

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(8) Lifting and moving no more than two intact (2'x4') asbestos-containing suspended ceiling tiles per room to adjacent ceiling tiles and later resetting them back in place in order to perform routine building maintenance activities above the suspended ceiling system.

(9) Owners collecting samples of asbestos-containing latex, asphaltic or petroleum-based materials, flooring and cementitious materials that potentially contain asbestos in their own owner-occupied single-family residence.

G.Conflict of Interest

Visual evaluations and air clearances for an asbestos abatement project involving more than 100 linear/square feet, or any combination thereof, of ACM must be performed by an asbestos consultant firm. The asbestos consultant firm must have an independent business relationship with the asbestos abatement contractor or asbestos in-house abatement unit performing the abatement, except as provided in sections 7(D)(1)(l) and 7(D)(2)(g) of this rule.

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Note: A Maine-licensed asbestos abatement contractor may conduct the required visual evaluation and air clearance sampling for an asbestos abatement project under their contractual control that involves less than 100 linear/square feet, or any combination thereof, of ACM provided the individual conducting visual the evaluation and air clearance sampling is a Maine-certified Asbestos Air Monitor.

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06- 096 C.M.R. ch. 425, § 2