Asbestos Notification Requirements
NOTIFICATION REQUIREMENTS FOR THE ASBESTOS NESHAP
STATE OF NEW MEXICO
Disclaimer: This document is intended for information purposes ONLY, and may not in any way be interpreted to alter or replace the coverage or requirements of the asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR Part 61, Subpart M.
The purpose of the National Emissions Standards for Hazardous Air Pollutants (NESHAP) Regulations is to protect public health and the environment by minimizing the release of asbestos dust (fibers) into the air. These regulations apply both to the facility owner and to the contractor, i.e. both are held responsible. The asbestos NESHAP requires that renovation and/or demolition notices be submitted to the Air Quality Bureau (AQB) when certain conditions are met. We hope the information provided below will assist you in determining when a notice is required and when it is not.
NEW! Asbestos and Fires - Asbestos is one of the most heat-resistant materials known to man but can be highly toxic when asbestos containing materials are burnt or damaged. Read this fact sheet to learn more about protecting yourself and your family from potentially asbestos containing materials in burned structures.
List of Topics addressed in this section:
- Potential Penalties for non-compliance
- When notices are required
- When notices are not required
- All demolitions and renovations are covered by the regulations
- Selected EPA comments
- Key points
- Other considerations
- Sources for additional asbestos related information
- Asbestos NESHAP Notification Form
- Asbestos NESHAP Notification Form Submittal Instructions
- NESHAP Notification Form Example
- The Asbestos NESHAP (Adobe Acrobat Format)
- Asbestos Emergency Notification Form
- Asbestos Government Ordered Demolition Form
Asbestos is a common fibrous rock found worldwide which has been used in various products for over 4500 years. It has been used in over 3000 different products such as textiles, paper, ropes, wicks, stoves, filters, floor tiles, roofing shingles, clutch facings, water pipe, cements, fillers, felt, fireproof clothing, gaskets, battery boxes, clapboard, wallboard, fire doors, fire curtains, insulation, brake linings, etc.
Asbestos may be found almost everywhere. Almost everyone is exposed to asbestos, in some form and to some degree, every day. Asbestos containing construction materials were used throughout the nation and naturally occurring asbestos has been reported in at least sixteen different New Mexican mining districts. Asbestos is common in the state, but the presence of asbestos may not be a problem provided that it is not disturbed and fibers are not released into the air. Adverse health effects associated with asbestos exposure have been extensively studied for many years. These studies and epidemiological investigations have demonstrated that breathing asbestos dust (fibers) and/or ingesting asbestos is a health hazard. Primary diseases associated with the inhalation of asbestos fibers are asbestosis, lung cancer, and mesothelioma.
In 1971, following the realization that an increasingly widespread use of asbestos in manufactured products had resulted in a measurable increase of asbestos fibers in the air, the Environmental Protection Agency (EPA) listed asbestos as a hazardous air pollutant. During the following years, steps were taken to prevent airborne asbestos from becoming a universal health hazard. Legislation was enacted and regulations were adopted to prevent airborne asbestos exposure in schools, in public and commercial buildings. Then on November 20th, 1990 the EPA published new revisions to the National Emission Standards for Hazardous Air Pollutants - (NESHAP) (40 CFR Part 61.140-156). The New Mexico State Legislature adopted the NESHAP regulations (20 NMAC 2.78) for asbestos control in New Mexico.
POTENTIAL PENALTIES FOR NON-COMPLIANCE: Violators may be subject to civil action in district court for appropriate relief, including temporary or permanent injunction, pursuant to the New Mexico Air Quality Control Act Section 74-2-12, NMSA 1978 and/or the assessment of civil penalties of up to $15,000 per violation for each day of noncompliance, pursuant to the same section.
Friable asbestos material- means any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763 section 1, Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM.
Regulated Asbestos Containing Material (RACM) means (a) Friable asbestos material, (b) Category I nonfriable ACM that has become friable, (c) category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material expected in the course of demolition or renovation operations regulated by this subpart.
Category I nonfriable asbestos-containing material (ACM) means asbestos containing packings, gaskets, resilient floor coverings, and asphalt roofing products containing more that 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, Section 1, Polarized Light Microscopy.
Category II nonfriable ACM means any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Facility means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this subpart is not excluded, regardless of its current use or function.
Note: EPA has determined that the definition of a facility includes single family dwellings operated by a single entity - such as family housing on a military base.
Owner or operator of a demolition or renovation activity means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both.
- For all demolitions, whether asbestos is present or not.
- For renovations when the quantity of RACM is greater than 260 linear feet, 160 square feet or 35 cubic feet.
- When no asbestos is present during a renovation.
- When the quantity of RACM is less than 260 linear feet, 160 square feet or 35 cubic feet during a renovation.
The first part of Paragraph (a) in Section 61.145 of the NESHAP Regulations under Applicability requires the "owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM."
Once the thorough asbestos survey is completed then the owner and/or operator can determine which parts of paragraphs (a), (b), and (c) of the NESHAP regulations apply.
NOTE: Category I and Category II nonfriable ACM may be or may become RACM and asbestos NESHAP notification requirements hinge on whether ACM is or is not RACM.
We hope that the following facts along with the listed EPA comments and guidance information will provide you with all the information you need to accurately determine whether your planned renovation or demolition activity involves or will involve RACM.
- In 1985, EPA issued a policy determination consistent with EPA's intent to distinguish between material that could release significant amounts of asbestos fibers during demolition or renovation and those that would not i.e. "*** even though the regulations address only material that is presently friable, it does not limit itself to material that is friable at the time of notification. Rather, if at any point during the renovation or demolition, additional friable asbestos material is *** created from nonfriable forms, then this additional friable material becomes subject to the regulations from the time of creation ***" (See Federal Register/Vol.55. No.224 / Tuesday, November 20, 1990 / Rules and Regulations / p. 48408)
- EPA compiled a list of nonfriable ACM "that under normal conditions, do not have to be removed prior to demolition operations. These ACM are not expected to release significant amounts of asbestos fibers to the outside air during demolition and, consistent with the intent of the existing standards, are not being regulated." ***" (See Federal Register/Vol.55. No.224 / Tuesday, November 20, 1990 / Rules and Regulations / p. 48409)
- Note: The list of nonfriable ACM referenced above is included in the definition of Category I nonfriable ACM.
- EPA further stated:"However, if these materials are in poor condition and are friable or they are subjected to sanding, grinding, cutting, or abrading, they are to be treated as friable asbestos material." (See Federal Register/Vol.55. No.224 / Tuesday, November 20, 1990 / Rules and Regulations / p. 48409)
- EPA continued "Category I nonfriable ACM that is in poor condition, but is not friable and will not be subjected to sanding, grinding, cutting, or abrading, is not subject to the NESHAP." (See Federal Register /Vol.55. No.224 / Tuesday, November 20, 1990 / Rules and Regulations / p. 48409)
- EPA also stated: "Other nonfriable materials are identified as Category II nonfriable ACM and have to be evaluated on a case-by-case basis. Category II materials that become crumbled, pulverized or reduced to powder during removal or during demolition are covered by the NESHAP." (See Federal Register / Vol.55. No.224 / Tuesday, November 20, 1990 / Rules and Regulations / p. 48409)
- Note: EPA does not consider asbestos-containing flooring products such as tile and sheet vinyl flooring, to always be nonfriable and exempt from the NESHAP nor does EPA consider these materials to always be subject to the NESHAP. (See Federal Register / Vol.55. No.224 / Tuesday, November 20, 1990 / Rules and Regulations / p. 48412)
- EPA stated: typical floor tile removal methods, such as mechanical chipping, result in the floor tile being broken up into numerous small fragments. This removal method is subject to the NESHAP provisions."" (See Federal Register / Vol.55. No.224 / Tuesday, November 20, 1990 / Rules and Regulations / p. 48412)
- EPA continued: Other floor tile removal methods are available that do not result in the material being so severely damaged. Such methods include the use of heat from heat guns or electric heat machines, the use of infrared machines, flooding with water or amended water, and the use of dry ice or liquid nitrogen. These methods when properly utilized allow the tiles to be removed with a minimum of damage to the tiles and would not be subject to the NESHAP." " (See Federal Register / Vol.55. No.224 / Tuesday, November 20, 1990 / Rules and Regulations / p. 48412)
- The asbestos NESHAP does not require that a notice be submitted for a renovation when "other removal methods" are properly utilized such as the use of heat from heat guns or electric heat machines, the use of infrared machines, flooding with water or amended water, and the use of dry ice or liquid nitrogen.
- However, if these methods are not properly utilized (accidentally or otherwise) then the ACM present will likely be changed to RACM, which is subject to asbestos NESHAP requirements. When a notice has not been submitted and nonfriable ACM becomes RACM, then the only alternative left is to: a) STOP THE JOB IMMEDIATELY, b) SUBMIT THE REQUIRED ASBESTOS NESHAP NOTICE, and c) WAIT 10 WORKING DAYS BEFORE RESUMING WORK.
- There is an alternative i.e. – submit a renovation notice 10 working days before the project starts. If the ACM does not become RACM, then the job progresses as planned, but if the ACM is changed to RACM, then take appropriate steps such as adequate wetting, placing RACM in leak-tight containers, etc. The advantage is that a notice will have already been submitted and there will be no requirement to stop the job for 10 working days in order to comply with the asbestos NESHAP notification requirements.
The asbestos NESHAP requires that an asbestos trained person be on site i.e. 40 CFR 61.145 (c) (8) states in part "no RACM shall be stripped, removed, or otherwise handled or disturbed at a facility regulated by this section unless at least on on-site representative, such as a foreman or management level person or other authorized person, trained in the provisions of this regulation and the means of complying with them is present."
AQB recommends that this "trained person" be on site when nonfriable ACM is present so that developing problems can be caught early and corrected without delay.
The National Emission Standards for Hazardous Air Pollutants at Section 61.19 Circumvention states that "no owner or operator shall build, erect, install, or use any article, machine, equipment, process, or other method" to conceal an emissions violation of an applicable standard nor "the piecemeal carrying out of an operation to avoid coverage by a standard that applies only to operations larger than a specified size."
- THE NEW MEXICO ASBESTOS HOTLINE IS 1-800-224-7009.
- In Bernalillo County - contact the Albuquerque Environmental Health Department at (505) 768-2600, for their most current form and requirements
- Send renovation and demolition notices to:
AIR QUALITY BUREAU
525 Camino de los Marquez, Suite 1
Santa Fe, New Mexico, 87505-1816
- Employers can contact the Occupational Health and Safety Bureau (OHSB) of the Environment Department for OSHA regulations pertaining to the handling of asbestos at (505) 476-8720.
- All asbestos containing waste must be deposited at a waste disposal site that is operated in accordance with 40 CFR 61.154.
- Call the Solid Waste Bureau (505-827-0197) or the Asbestos Hotline (800-224-7009) for current information regarding which landfills are allowed to accept ACM. The SOLID WASTE BUREAU has regulations pertaining to asbestos disposal.
- When handling demolition or renovation of school (K - 12) structures, contractors should be aware of additional requirements under the Federal Environmental Protection Agency (EPA) Asbestos Hazard Emergency Response Act (AHERA). The PCB- Asbestos Program of the Solid Waste Bureau (SWB) of the Environment Department handles this function. The SWB may be called at (505) 827-2853.
- All contractors who remove asbestos materials must be licensed by the New Mexico Construction Industries Division, which can be called at (505) 827-7030.
- The asbestos MAP sets requirements for any person who inspects for ACM in elementary and secondary schools, and private and commercial buildings. The MAP definition for public and commercial buildings includes most of the facilities that are subject to the asbestos NESHAP. Call Ms. Elvia Evering at 214-665-7575 for information regarding asbestos inspector qualifications. For further guidance information regarding asbestos bulk sampling refer to EPA's Asbestos Sampling Bulletin dated September 30, 1994.
HAVE QUESTIONS???? CALL THE ASBESTOS HOTLINEIf you have any questions please call the New Mexico Air Quality Bureau Asbestos Hotline at 1-800-224-7009, or send email to email@example.com