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Asbestos Notification Requirements

April 23, 1999

MEMORANDUM

To: Building Owners & Contractors
From:  Donald H. McCarty, Jr.
Program Manager
Lead-Based Paint & Asbestos Program
Subject: Asbestos Notification Requirements for Demolition , Renovation or Abatement Projects

 

Legal Authority: Georgia Department of Natural Resources Rules for Air Quality Control, Revised June 1998, Chapter 391-3-1-.02(9)(b)7, which includes by reference, Emission Standard for Asbestos, including work practices.

The U. S. Environmental Protection Agency’s (EPA) National Emissions Standard for Hazardous Air Pollutants; Asbestos NESHAP Revision; Final Rule. 40 CFR Part 61 Subpart M, as amended; published in the Federal Register, dated Tuesday, November 20, 1990.

Georgia Department of Natural Resources Rules of Asbestos Removal and Encapsulation, Chapter 391-3-14.

The U.S. EPA Asbestos Hazard Emergency Response Act (AHERA). 40 CFR PART 763; published in the Federal Register; October 30, 1987.

Purpose: This document provides guidance to Georgia building owners and contractors to ensure compliance with EPA National Emissions Standards for Hazardous Air Pollutants (NESHAP) notification requirements for demolition and asbestos abatement activity. This document explains the requirement of building survey as required by AHERA and enforced by U.S. EPA. Furthermore, this document clarifies the discrepancy between the Georgia Rules for Air Quality Control and Georgia Rules for Removal and Encapsulation regarding notification prior to the project.

The National Emission Standard for Hazardous Air Pollutants (NESHAP) requires a notification for all regulated demolition projects, whether or not

asbestos is present. The following definitions, explanations and exemptions are offered to assist the contractor in determining whether or not demolition and asbestos abatement projects must comply with the notification and fee requirements outlined in the referenced Georgia and Federal Rules.

Asbestos Notification Requirements for Demolition & Renovation/Abatement Projects


Asbestos Notification Requirements for Demolition & Renovation/Abatement Projects

Definitions:

Regulated Asbestos Containing Material (RACM) means:

  • Friable asbestos material;
  • Category I nonfriable ACM that has become friable;
  • Category I nonfriable ACM that will become friable or has been subjected to sanding, grinding, cutting, or abrading; and
  • Category II nonfriable ACM that has the high probability of becoming or has become crumbled, pulverized, or reduced to powder by forces expected to act on the material in the course of demolition or renovation operations regulated by this Subpart.

Friable Asbestos Material means:

Any material containing more that one (1) percent asbestos as determined by Polarized Light Microscopy, that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.

Demolition means:

The wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility.

Owners and operators of a demolition or renovation activity, must thoroughly inspect the affected facility or part of a facility where the demolition / renovation operation will occur, for the presence of friable and non-friable asbestos, including Category I & II nonfriable asbestos containing material (ACM). This should be done prior to the commencement of the activity.

Category I Asbestos Materials means: Floor covering*, asphalt roofing products, packings and gaskets.

Effective June 1,1999, Georgia licensed asbestos abatement contractors must be employed to remove asbestos-containing floor covering in a friable manner. Georgia requires notification and  fees from floor covering abatement projects which will render the material friable; i.e. mechanical chipping. Methods such as, but not limited to, dry ice, infrared and chemical removal may be used to remove floor covering in a non-friable manner. Courtesy notifications will be expected to explain projects using removal methods to remove floor covering in a non-friable form.

Category II Asbestos Materials means: All remaining types of non-friable ACM not included in Category I that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure. Nonfriable asbestos - cement products such as transite is an example of Category II material.

Guidance

Each owner or operator of a demolition and/or renovation activity must provide the Environmental Protection Division, Lead-Based Paint and Asbestos Program, with a written notice of their intent. Delivery of the notice must be made by U.S. Postal Service. The written notice must be on the Asbestos Abatement or Demolition Project Notification form provided by the Division. An Asbestos Project Notification form may be obtained directly from the EPD Lead-Based Paint and Asbestos Program.  All RACM must be abated from the building prior to demolition. Notifications submitted for Abatement projects performed in conjunction with planned demolitions must include all Asbestos information regarding the project on one notification form. The project notification form should be completed by the Georgia licensed abatement contractor’s agent. This agent is responsible for performing an inspection for the presence of RACM prior to the renovation/demolition activity. This inspection must take into consideration a building survey as may be required under AHERA. The abatement project requires a fee paid to the Division at the time notification is made. It is the building owners and contractors responsibility to properly evaluate both Category I and II asbestos materials to determine whether this material will be rendered friable due to the demolition activity. Where a planned demolition project reveals no RACM based on a building inspection, the demolition project notification may be completed by the demolition contractor or building owner.

Notification must be made prior to asbestos stripping, removal or any other activity, such as site preparation, that would break up, dislodge, or similarly disturb asbestos material, including demolition of buildings. The Georgia Rule 391-3-14 provides for a seven (7) calendar day notification requirement. The Federal NESHAP Rule requires a minimum ten (10) working day notification prior to project inception. To eliminate confusion and to comply with the Federal NESHAP Rule, which EPD is compelled to require and has authority to order under Georgia Rule 391-3-1-.02(9)(b)7, EPD will adopt the ten (10) working day, (Monday through Friday), project notification requirement as of June 1, 1999. Strict enforcement of this requirement will begin immediately thereafter. The postmark date will be counted as the first day of the ten (10) working day notification period. If the postmark falls on a week-end, the first day counted in the notification period will be the following Monday.

Regarding demolition project notification regulations:

  • All demolition projects are subject to the regulations, regardless of the amount of   asbestos-containing material present.
  • All residential structures/apartments are required to notify, if the demolition is part of a larger project, such as a D.O.T. road project, commercial or industrial development, or urban renewal project.
  • Residential buildings at one location planned for demolition at the same time, or as part of the same planning or scheduling period, that are under the control of the same owner or operator, are considered part of the same project and subject to notification requirements.

Exemptions to demolition notifications:

  • Legal owners or residences where four (4) or fewer dwelling units are involved, unless part of a larger project (see definition above).
  • Asbestos Notification Requirements for Demolition & Renovation/Abatement Projects
  • All resulting demolition wastes must be handled as asbestos-containing material and disposed of at a permitted landfill.

Regarding renovations/abatement projects:

  • Under the Georgia Regulations, any project involving ten (10) or more continuous linear feet or ten (10) or more square feet of asbestos-containing material requires a project notification and fees paid.

For emergency asbestos abatement projects, the building owner and/or contractor must notify the Division by phone within 24 hours of initiating the project. The project notification must be submitted within seven (7) calendar days after commencement of such emergency project and must include a letter to explain the necessity of the emergency. Such justification shall include the date and hour the emergency occurred, a description of the sudden, unexpected event, and an explanation of how the event caused the unsafe condition, or would cause equipment damage or an unreasonable financial burden.

Asbestos Removal Fees

The fee structure only applies to asbestos abatement projects where a notice must be filed. The fees must be included with the notification and are non-refundable. According to Rule 391-3-14-.03, a contractor shall remit a fee to the EPD based upon the following formula:

$0.10 per square foot of friable asbestos-containing materials plus $0.10 linear foot of friable asbestos-containing materials, with a minimum of $25 for any project; but not to exceed $50 for any small project or residential dwelling project nor exceed $1000 for any other project.

Notification forms for projects without fees, including project changes, notifications and courtesy notifications must be submitted to:

Georgia Environmental Protection Division
Lead-Based Paint and Asbestos Program
4244 International Parkway, Suite 104
Atlanta, Georgia 30354

Notification forms requiring project abatement fees must be submitted to:

EPD - Asbestos Fees
P.O. Box 101173
Atlanta, Georgia 30392

If you need further assistance in this matter, please contact James Jackson at 404/363-7041 or Mark Gwin at 404/363-7043.

 

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Georgia Environmental Protection Division
Georgia Department of Natural Resources
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Atlanta, GA 30334
Telephone: 404.657.5947 or 888.373.5947 (toll-free throughout Georgia)
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