Or. Admin. Code § 340-248-0270

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-248-0270 - Emission Standards and Procedural Requirements: Asbestos Work Practices and Procedures

(1) Except as OAR 340-248-0250 provides, before performing a demolition or renovation, the owner or operator of a demolition or renovation activity must have an accredited inspector complete a survey according to OAR 340-248-0270(3).

(2) The owner or operator of a demolition or renovation activity that requires a survey under OAR 340-248-0270(1) must send a copy of the asbestos survey report to DEQ upon request by DEQ and keep a copy of the asbestos survey report onsite at the facility during a demolition or renovation activity.

(3) The asbestos survey required by OAR 340-248-0270(1) must include all of the following:

(a) Collecting samples of all materials suspected of being asbestos-containing materials, unless the material is presumed to be asbestos-containing material, including at least one bulk sample for each homogeneous material suspected of being asbestos-containing material;

(b) For sprayed or troweled on surfacing materials, collection of at least three (3) random bulk samples for each homogeneous area;

(c) Beginning January 1, 2021, each sample collected under subsections (a) and (b) must be analyzed to determine whether it is asbestos-containing material by a laboratory with proficiency demonstrated by participation in a nationally recognized laboratory accreditation program for asbestos testing, or participate in, and maintain passing status in a nationally recognized bulk asbestos proficiency testing program;

(d) An asbestos survey report that contains the following:

(A) The date or dates that the survey was performed;

(B) The phone number and a copy of the certificate of each accredited inspector that performed a survey;

(C) Site address and location where the survey was performed;

(D) Name and phone number of the owner or operator of the facility where the survey was performed and the owner or operator of the demolition or renovation activity if different;

(E) Description of the facility and area surveyed, including its past and current use, area square footage, approximate construction date, and number of floors;

(F) The purpose of the survey, for example, whether it is for a project involving pre-demolition, renovation, removal of asbestos-containing material due to damage from fire, water, or other purpose;

(G) Detailed description of limitations on the thoroughness of the survey, for example an inaccessible area; and

(H) A table listing all of the homogeneous materials sampled and identified as asbestos-containing material and all of the presumed asbestos-containing materials. The table must include the following for each material:

(i) The percent asbestos and type of asbestiform, as determined by the laboratory that analyzes the sample;

(ii) A description of the material color, texture, and pattern;

(iii) The location of where in the facility the material was collected;

(iv) A description of the material condition as in good condition or in poor condition;

(v) The identification of the material as friable or nonfriable; and

(vi) The approximate quantity of the material at the facility.

(I) A recommendation of response actions that comply with the requirements of this division; and

(J) A complete copy of the laboratory report for all samples taken and analyzed under subjections (a) - (c) of this section. The minimum requirements for the laboratory report include:

(i) Laboratory name, address, and phone number;

(ii) Unique sample analysis identification number;

(iii) Bulk sample analysis results showing asbestos content;

(iv) Name of the analyst; and

(v) Completed chain of custody for the samples.

(4) For a demolition or renovation of a residential building, DEQ may approve, on a case-by-case basis, a request to waive the survey requirement of OAR 340-248-0270(1). The owner or operator of the residential building must submit a written request to DEQ, along with supporting documentation that demonstrates to DEQ's satisfaction that a survey is not warranted. The owner or operator of the residential building must obtain DEQ's written approval waiving the survey requirement prior to a demolition or renovation. The owner or operator of the residential building must maintain as readily available at the demolition or renovation site a copy of DEQ's written approval under this rule.

(5) Upon discovering asbestos-containing materials or asbestos-containing waste materials found during demolition, renovation, or after an emergency or unexpected event including an event that causes fire, water, earthquake, or wind damage, the owner or operator of the demolition or renovation activity or the owner or operator performing the emergency response must:

(a) Stop work immediately;

(b) Keep the exposed asbestos-containing materials and asbestos-containing waste material, adequately wet and cover with 6 mil plastic or equivalent at all times until a licensed asbestos abatement contractor begins removal activities in compliance with this division; and

(c) Have the licensed asbestos abatement contractor remove, handle and dispose of all friable asbestos-containing waste material and asbestos-containing waste material as friable asbestos-containing material.

(6) A person who removes nonfriable asbestos-containing material not exempted under OAR 340-248-0250(1) must comply with the following:

(a) Submit asbestos removal notification and the appropriate fee to the DEQ Business Office on a DEQ form in accordance with OAR 340-248-0260.

(b) Remove nonfriable asbestos materials in a manner that ensures the material remains nonfriable.

(c) A nonfriable asbestos abatement project is exempt from the asbestos licensing and certification requirements under OAR 340-248-0100 through 340-248-0180. The exemption ends whenever the asbestos-containing material becomes friable.

(7) Before a facility is demolished by intentional burning, all asbestos-containing material must be removed and disposed of in accordance with OAR 340-248-0010 through 340-248-0280.

(8) Except as OAR 340-248-0250 provides, a person performing an asbestos abatement project must employ the following procedures:

(a) Conduct the asbestos abatement project inside a regulated area.

(b) Remove all asbestos-containing materials as part of the asbestos abatement project before another demolition or renovation activity begins that would break up, dislodge, or disturb the materials or preclude access to the materials for subsequent removal. Asbestos-containing materials need not be removed if:

(A) They are on a facility component that is encased in concrete or other similar material and are adequately wetted whenever exposed during demolition or renovation; or

(B) They were not discovered before demolition or renovation and cannot be removed because of unsafe conditions the demolition or renovation caused.

(c) Adequately wet asbestos-containing materials when they are being removed. In renovation, maintenance, repair, and construction operations, where wetting would unavoidably damage equipment, is incompatible with specialized work practices or presents a safety hazard, adequate wetting is not required if the person performing the asbestos abatement project:

(A) Obtains prior written approval from DEQ for dry removal of asbestos-containing material;

(B) Keep a copy of DEQ's written approval available for inspection at the work site;

(C) Adequately wraps or encloses asbestos-containing material during handling to avoid releasing fibers; and

(D) Uses a local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the asbestos abatement project.

(d) When a facility component covered or coated with asbestos-containing materials is being taken out of the facility as units or in sections, the person performing the asbestos abatement project:

(A) Must adequately wet an asbestos-containing materials exposed during cutting or disjointing operation;

(B) Must carefully lower the units or sections to ground level, not dropping them or throwing them; and

(C) May leave asbestos-containing materials in large facility components such as reactor vessels, large tanks and steam generators, but excluding beams, if the following requirements are met:

(i) The component is removed, transported, stored, disposed of, or reused without disturbing or damaging the asbestos-containing material;

(ii) The component is encased in leak-tight wrapping; and

(iii) The leak-tight wrapping is labeled according to OAR 340-248-0280(2)(b) during all loading and unloading operations and during storage.

(e) For friable asbestos materials being abated:

(A) Adequately wet the materials to ensure that they remain wet until they are disposed of in accordance with OAR 340-248-0280;

(B) Carefully lower the materials to the floor, not dropping or throwing them;

(C) With DEQ's prior written approval, transport the materials to the ground via dust-tight chutes or containers if they have been removed or stripped above ground level and were not removed as units or in sections;

(D) Enclose the area where friable asbestos materials are to be abated with a negative pressure enclosure prior to and during abatement unless DEQ grants written approval for an alternative;

(E) Install a minimum of one viewing window in all enclosures, including negative pressure enclosures, in accordance with the following:

(i) Each viewing window must be a minimum of two feet by two feet and be made of a material that will allow a clear view inside the enclosure; and

(ii) For large enclosures, including negative pressure enclosures, install one viewing window for every 5,000 square feet of area when spatially feasible; and

(F) A negative pressure enclosure is not required for abatement of friable asbestos-containing material when:

(i) Abating asbestos-containing petroleum-based roofing products or cement asbestos roofing; or

(ii) Abating a total project amount of asbestos-containing material that may be contained in a single glove bag.

(f) A person who demolishes a facility under an order of the State of Oregon or a local governmental agency, issued because the facility is structurally unsound and in danger of imminent collapse must comply with the following:

(A) Obtain DEQ's written approval for an ordered demolition procedure before that demolition takes place;

(B) Send a copy of the order and an asbestos abatement project notification (as described in OAR 340-248-0260) to DEQ before starting demolition work;

(C) Keep a copy of the order, DEQ's approval, and the notification form at the demolition site during all phases of demolition until final disposal of the project waste at a permitted disposal site; and

(D) Keep asbestos-containing materials and asbestos-containing waste materials adequately wet during demolition and comply with the disposal requirements set forth in OAR 340-248-0280.

(g) A person performing asbestos abatement may not use mechanical equipment to remove asbestos containing material outside of a full negative pressure enclosure without prior written approval from DEQ.

(h) Visible emissions are not allowed during an asbestos abatement activity, except within a negative air pressure enclosure.

(i) An exhaust ventilation and collection system, negative air machine, or vacuuming equipment used during an asbestos abatement project must be equipped with a HEPA filter or other filter of equal or greater collection efficiency and must be sealed with a 6 mil plastic or equivalent when not in use.

(j) DEQ may approve, on a case-by-case basis, requests to use an alternative to the requirements contained in this rule. The person performing the asbestos abatement project must submit a written description of the proposed alternative and demonstrate to DEQ's satisfaction that the proposed alternative provides public health protection equivalent to the protection that would be provided by the specific requirement, or that such level of protection cannot be obtained for the asbestos abatement project.

(k) Final Air Clearance Sampling Requirements apply to projects involving more than 160 square feet or 260 linear feet of asbestos-containing material. Before the negative pressure enclosure around such an area is removed, the person performing the abatement must have at least one air sample collected. All samples collected that document that the air inside the negative pressure enclosure has no more than 0.01 fibers per cubic centimeter of air. DEQ may grant a waiver to this section or exceptions to the following requirements upon receiving an advanced written request:

(A) The air clearance samples must be collected and analyzed by a party who is National Institute of Occupational Safety and Health (NIOSH) 582 certified and financially independent from the person performing the asbestos abatement project, other than receiving compensation for undertaking the specific sampling and analysis required in this paragraph;

(B) Before final air clearance sampling is performed the following must be completed:

(i) All visible asbestos-containing material and asbestos-containing waste material must be removed and properly packaged and stored according to the requirements of this division;

(ii) The air and surfaces within the negative pressure enclosure must be sprayed with an encapsulant prior to air clearance sampling;

(iii) Air sampling may start when the encapsulant has settled sufficiently so that the filter of the sample is not clogged by airborne encapsulant; and

(iv) Air filtration units must remain on during the air-monitoring period;

(C) Air clearance sampling inside negative pressure enclosure areas must be aggressive and comply with the following procedures:

(i) Immediately before starting the sampling pumps, direct exhaust from a minimum one horse power forced air blower against all walls, ceilings, floors, ledges, and other surfaces in the negative pressure enclosure;

(ii) Then place stationary fans in locations that will not interfere with air monitoring equipment and direct the fans toward the ceiling. Use one fan per 10,000 cubic feet of room space;

(iii) Start sampling pumps and sample an adequate volume of air to detect concentrations of 0.01 fibers of asbestos per cubic centimeter according to NIOSH 7400 method;

(iv) When sampling is completed turn off the pump and then the fan(s); and

(v) As an alternative the air clearance sample analysis may be performed according to Transmission Electron Microscopy Analytical Methods prescribed by 40 C.F.R. 763, Appendix A to Subpart E (Interim Transmission Electron Microscopy Analytical Methods); and

(D) The person performing an asbestos abatement project must submit the final air clearance sample results to DEQ on a DEQ form and include all third-party air clearance analysis reports. The clearance results must be received by DEQ within 30 days after the completion date of the asbestos abatement project.

[NOTE: View a PDF of referenced 7400 Method by clicking on "Tables' link below.]

Or. Admin. Code § 340-248-0270

DEQ 96, f. 9-2-75, ef. 9-25-75; DEQ 22-1982, f. & ef. 10-21-82; DEQ 9-1988, f. 5-19-88. ef. 6-1-88 (and corrected 6-3-88); DEQ 18-1991, f. & cert. ef. 10-7-91; Renumbered from 340-025-0465(6) - (12); DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 18-1993, f. & cert. ef. 11-4-93; Renumbered from 340-025-0468; DEQ 15-1995, f. & cert. ef. 6-16-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-5640; DEQ 1-2002, f. & cert. ef. 2-4-02; DEQ 19-2002(Temp), f. & cert. ef. 12-23-02 thru 6-21-03; DEQ 9-2003, f. 5-21-03, cert. ef. 6-21-03; DEQ 11-2015(Temp), f. 12-10-15, cert. ef. 1-1-16 thru 6-28-16; DEQ 3-2016, f. & cert. ef. 4/21/2016; DEQ 156-2018, minor correction filed 04/12/2018, effective 04/12/2018; DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018; DEQ 13-2019, amend filed 05/16/2019, effective 5/16/2019

To view tables referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 468 & 468A

Statutes/Other Implemented: ORS 468A.745