III.A. InspectionIII.A.1. Prior to any renovation or demolition in an area of public access which may disturb greater than the trigger levels of suspect asbestos-containing material (ACM), the facility component(s) to be affected by the renovation or demolition must either be assumed to be ACM or must be inspected to determine if abatement is required. Inspections conducted prior to renovation may be focused on the suspect ACM to be affected by the renovation. Inspections conducted prior to demolition must comprehensively identify all ACM in and on the facility or on the component(s) affected by the demolition.III.A.1.a. Individuals performing these inspections must be a Building Inspector certified in accordance with this regulation.III.A.1.b. The inspection, sampling and assessments of the suspect ACM must be performed as required in Section III.A.3. and III.A.4. of this regulation.III.A.1.c. The analysis of samples collected during these inspections must be performed as required in Section III.A.4. of this regulation.III.A.1.d. Buildings, or those portions thereof, that were constructed after October 12, 1988 will be exempt from this inspection requirement if, after due diligence, the architect or project engineer responsible for the construction of the building, or a Colorado certified Asbestos Building Inspector, completes a form specified by the Division that no ACM was used as a building material in the initial construction of the building or subsequent renovations (if applicable). NOTE: The Division recommends that all buildings be inspected prior to any renovation or demolition activities, regardless of the date of construction.III.A.1.e. To prevent any real or potential conflicts of interest, Building Inspectors identifying ACM must be independent of the GAC that will subsequently abate the ACM identified. Inspectors need not be independent of the GAC if both the certified Inspector and the certified GAC are employees of the building owner.III.A.2. During renovation or abatement activities which will impact suspect materials in quantities greater than the trigger levels or during demolition activities, the asbestos inspection report must be available onsite at all times. The inspection report is not required to be on site during the first seventy-two (72) hours of abatement activities if the abatement is being conducted under situations addressed in Sections III.E.1.e.(i), III.E.1.e.(ii), III.E.2.d.(i). and III.E.2.d.(ii).III.A.3. For each area of public access inspected to determine the presence of ACM, the certified asbestos building inspector must:III.A.3.a. Identify, quantify and categorize homogenous areas of suspect ACM.III.A.3.b. Touch all suspect ACM to determine whether the material is friable.III.A.3.c. Either assume homogeneous areas are ACM or collect, in a random manner representative of the homogeneous area, bulk samples of suspect ACM as follows: III.A.3.c.(i) Surfacing material. Additional information on sampling surfacing materials can be found in the EPA "Pink Book," Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials (1985).III.A.3.c.(i)(A) At least three bulk samples must be collected from each homogenous area that is 1,000 square feet or less.III.A.3.c.(i)(B) At least five bulk samples must be collected from each homogenous area that is greater than 1,000 square feet but less than or equal to 5,000 square feet.III.A.3.c.(i)(C) At least seven bulk samples must be collected from each homogenous area that is greater than 5,000 square feet.III.A.3.c.(i)(D) Surfacing material added onto base materials (e.g. sprayed or troweled on materials, textures, paints, etc.) must be sampled and analyzed separately from the base material.III.A.3.c.(ii) Thermal system insulation. Additional information on sampling thermal system insulation can be found in the EPA "Purple Book." Guidance for Controlling Asbestos-containing Materials in Buildings (1985). III.A.3.c.(ii)(A) At least three bulk samples from each homogenous area of thermal system insulation.III.A.3.c.(ii)(B) At least one bulk sample from each homogenous area of patched thermal system insulation that is less than 6 square or linear feet.III.A.3.c.(ii)(C) In a manner sufficient to determine whether the material is ACM, collect bulk samples from mechanical system fittings such as tees, elbows, or valves.III.A.3.c.(ii)(D) Bulk samples are not required where the certified asbestos building inspector has determined the thermal system insulation is fiberglass, foam glass, rubber, or other non-ACM insulation.III.A.3.c.(iii). Miscellaneous III.A.4.c.(iii)(A) In a manner sufficient to determine whether the material is asbestos-containing, collect bulk samples from each homogeneous area. A minimum of two samples of each homogeneous area of miscellaneous material must be collected.III.A.3.d. Provide an assessment of the condition of all friable ACM which must include: III.A.3.d.(i) The location and quantity or volume of the ACM.III.A.3.d.(ii) The condition of the ACM, including: type of damage or significant damage, severity of damage, and extent or spread of damage over the homogenous area including the quantity of damaged ACM and if a major asbestos spill is present.III.A.3.e. Provide a written report of the asbestos inspection findings. The report must include:III.A.3.e.(i) The name and address or location of the structure(s) and the location in the structure of the facility component(s) inspected.III.A.3.e.(ii) The certified asbestos building inspector's name, signature, certification number, and asbestos consulting firm name and registration number.III.A.3.e.(iii) A description of the scope and purpose of the inspection.III.A.3.e.(iv) A physical description of the facility component(s) inspected. The description must also include: III.A.3.e.(iv)(A) The location and quantity or volume of each homogenous area of all suspect ACM.III.A.3.e.(iv)(B) A blueprint or diagram clearly illustrating sample locations, and each homogenous area determined or assumed to be ACM.III.A.3.e.(iv)(C) A description of the manner used to determine sampling locations. Additional information on sampling surfacing materials can be found in the EPA "Pink Book," asbestos in buildings: Simplified Sampling Scheme for Friable Surfacing Materials (1985). Additional information on sampling thermal system insulation can be found in the EPA "Purple Book," Guidance for Controlling Asbestos-containing Materials in Buildings (1985).III.A.3.e.(v). The assessment of friable ACM as required in Section III.A.3.d. The Inspector XE "inspector" shall classify the ACM XE "ACBM" and materials assumed to be ACM XE "asbestos containing material" XE "ACM" into one of the following categories: III.A.3.e.(v)(A) Damaged or significantly damaged thermal system insulation ACM XE "asbestos containing material" XE "ACM".III.A.3.e.(v)(B) Damaged friable surfacing ACM XE "asbestos containing material" XE "ACM".III.A.3.e.(v)(C) Significantly damaged friable surfacing ACM XE "asbestos containing material" XE "ACM".III.A.3.e.(v)(D) Damaged or significantly damaged friable miscellaneous ACM XE "asbestos containing material" XE "ACM".III.A.3.e.(v)(E) ACM XE "ACBM" with potential for damage.III.A.3.e.(v)(F) ACM XE "ACBM" with potential for significant damage.III.A.3.e.(v)(G) Any remaining friable ACM XE "ACBM" or friable suspected ACMIII.A.3.e.(vi) The certified asbestos building inspector's summary of findings.III.A.3.e.(vii) A copy of the analytical report including the name and address of the laboratory performing the analysis, the laboratory's registration and accreditation, the chain of custody form, the date of analysis, the name and signature of the person performing the analysis, the method of analysis, and the results of the analysis.III.A.4. Analysis III.A.4.a. Bulk samples collected under Section III.A.3.c. and submitted for analysis must be analyzed for asbestos using laboratories accredited by the National Institutes of Standards and Technology (NIST). Laboratories must also be registered as required in subsection II.M.III.A.4.b. Bulk samples must be analyzed for asbestos content by PLM, using the United States Environmental Protection Agency's August 1994 Method EPA/600/R-93/116, "Method for Determination of Asbestos in Bulk Building Materials."III.A.4.c. With the exception of drywall systems (drywall, tape, and joint compound), bulk samples must not be composited for analysis. Drywall and associated joint compound utilized to fill seams and nail holes may be composited utilizing the procedures given in the January 5, 1994 Federal Register, Volume 59, No. 3. Any composite analysis must be performed by the laboratory who analyzed the bulk sample. Materials added onto drywall and other base materials (e.g. sprayed or troweled on materials, textures, paints, etc.) must be sampled and analyzed separately.III.A.4.d. If the asbestos content of a sample of friable ACM is estimated to be 1% or less but greater than 0% by a method other than point counting, either the analytical process must be repeated by the accredited laboratory using the point counting technique utilizing PLM or the material will be assumed to be asbestos containing. If a result obtained by point count is different from a result obtained by visual estimation, the point count result must be used. Non-friable samples do not have to be point counted.III.A.4.e. Interpreting Bulk Sample Results III.A.4.e.(i) A homogeneous area is considered not to contain ACM only if the results of all samples required to be collected from that area show asbestos in amounts of one percent or less.III.A.4.e.(ii) A homogeneous area will be determined to contain ACM based on a finding that the results of at least one sample collected from that area shows that asbestos is present in an amount greater than one percent.III.A.4.f. The name and address of each laboratory performing an analysis, the laboratory registration and accreditation, the date of analysis, and the name and signature of the person performing the analysis be submitted to the person requesting the asbestos building inspection and analysis.III.A.5. Abatement in accordance with Regulation Number 8, Part B is required prior to renovation if the amount of ACM to be disturbed in connection with the renovation: 1) is friable or will be made friable; 2) is in an area of public access or will impact an area of public access; and3) exceeds the trigger levels.III.A.6. Abatement in accordance with Regulation Number 8, Part B is required prior to demolition if the amount of ACM to be disturbed in connection with the demolition: 1) is friable or will be made friable; 2) is in an area of public access or will impact an area of public access; and3) exceeds the trigger levels.III.B. Use of Certified and Required PersonnelIII.B.1. Any person who conducts asbestos abatement other than abatement performed in a school building must obtain Colorado certification as a General Abatement Contractor (GAC) if the amount of asbestos to be abated exceeds the trigger levels on any occasion. III.B.1.a. A GAC must employ at least one state-certified Supervisor who must be on-site at all times when asbestos abatement work is proceeding. Asbestos Workers must have access to a certified Supervisor throughout the duration of the abatement project.III.B.1.b. For abatement projects where a GAC is required, all abatement Workers and Supervisors must be certified in accordance with the provisions of Section II (Certification Requirements). GACs must ensure that all asbestos abatement Workers and Supervisors are properly certified.III.B.1.c. The requirements of this Paragraph III.B.1 will not apply to any homeowner who performs asbestos abatement on the single-family residential dwelling where they reside and that is the homeowner's primary residence.III.B.2. Any person who inspects any facility or facility component for the presence of asbestos must be Colorado certified as a Building Inspector in accordance with this regulation.III.B.3. With respect to school buildings, any individual who develops an asbestos management plan, supervises asbestos abatement activities, performs asbestos abatement, or designs asbestos abatement projects must be certified for the specific activity they are engaged in if the amount of asbestos-containing material exceeds, on any occasion, 3 linear feet on pipes, or 3 square feet on other surfaces. III.B.3.a. The Local Education Agency (LEA) or its contractor must ensure that at least one state-certified Supervisor is on-site at all times when asbestos abatement work is proceeding. Asbestos Workers must have access to certified Supervisors throughout the duration of the abatement project.III.B.4. Any individual who develops an asbestos management plan, develops an operations and maintenance program, supervises asbestos abatement activities, performs asbestos abatement, or designs asbestos abatement projects must be certified for the specific activity in which they are engaged if the amount of asbestos-containing material exceeds, on any occasion, the trigger levels.III.B.5. Any individual who performs a final visual inspection or performs any air monitoring referred to in this regulation must be Colorado certified as an Air Monitoring Specialist.III.B.6. Project Manager A project manager must be used on all asbestos abatement projects in which the amount of friable asbestos-containing material to be abated exceeds 1,000 linear feet on pipes, or 3,000 square feet on other surfaces.
III.B.6.a. Waiver of the Project Management Requirements Building owners who seek to have the project manager requirement waived must submit the request, on a form specified by the Division as part of the notification required in III.E.1 (Notices).
III.B.6.a.(i) Waiver requests will be approved by the Division if the project is performed by a GAC with a non-compliance history of fewer than two (2) Division-issued compliance determinations with a finding of noncompliance during the past two (2) years prior to the start of the project.III.B.6.a.(ii) If the project is conducted by a GAC with a non-compliance history of two (2) or more Division-issued compliance determinations with a finding of noncompliance during the past two (2) years, the building owner must, on a form specified by the Division, demonstrate to the satisfaction of the Division that compliance with the project manager requirements is overly burdensome or not feasible.III.B.6.b. The GAC must notify the building owner during bid proposals as to whether or not a project manager would be required.III.C. Project Design III.C.1. Prior to the start of any asbestos abatement in an area of public access of a non-school facility, in which the amount of ACM to be abated exceeds 1,000 linear feet on pipes, or 3,000 square feet on other surfaces, a written project design must be developed by a Project Designer certified under these regulations.III.C.2. Prior to the start of any asbestos abatement in a school building in which the amount of friable ACM to be abated exceeds 3 linear feet on pipes, or 3 square feet on other surfaces, a written project design must be developed by a Project Designer certified under these regulations, in accordance with Section IV.G.7 of this regulation.III.C.3. Based on a site visit, the Colorado certified project designer must develop a written project design which must include:III.C.3.a. An accurate and detailed written scope of work, which must quantify the square or linear footage or volume of ACM to be abated and the work practices from an approved variance, if applicable;III.C.3.b. An accurate and detailed diagram of each abatement work area that identifies type(s) of ACM, location(s) of ACM subject to the abatement action, the decontamination unit, the waste load-out, the negative air machines, air intake and exhaust, and emergency exit(s) where applicable.III.C.3.c. A plan to address any known ACM within the abatement work area which is not the subject of the abatement action;III.C.3.d. A description of the removal methods and engineering controls, including air exchange calculations;III.C.3.e. A statement that re-cleaning of the abatement work area will occur if it fails to meet the clearance requirements in Section III.P;III.C.3.f. The printed name, signature, company name and telephone number of the project designer, a copy of the project designer's current certification as a project designer, and the date(s) of the on-site visit(s);III.C.3.g. Modifications to the project design must be made by a certified project designer and documented in writing, dated, and signed by the project designer before implementation.III.C.4. A signed copy of the project design must be available on-site at all times once the abatement activities have begun.III.C.5. The General Abatement Contractor and certified Supervisor must ensure that the project is conducted in accordance with the project design.III.D. Project Management III.D.1. The project manager is responsible for: * assessing that the project is conducted in accordance with this regulation.
* assessing that the project design is followed.
* assessing whether any approved variance is followed.
* assessing that the abatement project is cleared in accordance with this regulation.
* assessing that the asbestos waste generated by the project is properly manifested and disposed of in accordance with this regulation.
* immediately communicating in writing all deviations from the requirements to the building owner or operator, the GAC and, if applicable, the AMS. The Project Manager will notify the Division if the deviation is not corrected within 24 hours of notification.
III.D.2. Project managers must be independent of the GAC and work strictly on behalf of the building owner to the extent feasible, unless the abatement is being performed in-house.III.D.3. Project managers must sign the original copy of the permit for the permit to be valid.III.E. Notifications Any person intending to either abate asbestos-containing materials (ACM) in any amount greater than the trigger levels, or demolish a facility or portion thereof must, on a form specified by the Division, provide notification in writing of the intent to conduct asbestos abatement, renovation or demolition. When a permit is required under Section III.G.1. (Permits), this notification will serve as the permit application referred to in Section III.G.1. False, inaccurate or misleading information contained in the notification is cause for the Division to revoke a permit issued pursuant to Section III.G.1. (Permits) and/or to initiate an enforcement action pursuant to § 25-7-508, C.R.S. Any modification to the notification must be received on a form specified by the Division on the first business day preceding the change. No person may commence an abatement or demolition project without first obtaining the appropriate approval notice (i.e. an asbestos approval notice or a demolition approval notice) from the Division. The Division approved notice must be posted in a visible location at the work site at all times. Approval notices are valid for a maximum of one year. A new notice must be obtained for projects lasting longer than one year.
III.E.1. Notifications for facilities other than single-family residential dwelling. Notifications required under this section are subject to the following conditions: III.E.1.a. The notification must be postmarked or delivered to the Division at least 10 working days before commencing an abatement project or demolition project, except as provided in Section III.E.1.e. Any fees required under this Section III.E.1. (Notices) or III.G.1. (Permits) must accompany the notice for the notice to be accepted by the Division.III.E.1.b. If the project is not one for which a permit is required pursuant to Section III.G.1. (Permits), a processing fee of $80.00 must be submitted to the Division for each notice. For abatement projects that occur in non-public access areas, the Division may charge the person submitting this notice a fee for site inspections and any necessary monitoring for compliance with applicable sections of this regulation. The fee shall be assessed at a rate of $80.00 per hour.III.E.1.c. For large contiguous facility complexes, if the project is not one for which a permit is required pursuant to III.G.1. (Permits), an annual fee in the amount of $80.00 per abatement project that will be undertaken that year shall be submitted to the Division. If over the course of the year should more than the anticipated number of projects occur, an additional $80.00 per notice must be submitted to the Division. At the end of one year the Division will refund fees for projects that have not been performed, less a $80.00 processing fee.III.E.1.d. For demolition projects, a base fee of $50.00 is required plus an additional $5.00 per one thousand square feet, or any portion thereof, of structure footprint.III.E.1.e. Waiver of the 10-Working Day Notification Period. There are three situations where the Division will consider a waiver of the 10- working day notifications. They are:
III.E.1.e.(i) Emergencies In the event of an emergency, as defined in Section I.B.42. in which asbestos abatement work must commence at once, the GAC must submit a written notification on a form specified by the Division prior to commencing the emergency abatement. The notification must be accompanied by a form specified by the Division requesting a waiver of the 10-day notification.
III.E.1.e.(ii) Unexpected Discovery An unexpected discovery occurs when ACM is found behind a wall, above a ceiling, beneath a floor or was otherwise inaccessible without significantly damaging part of the structure. Should the building owner wish to seek a waiver of the 10- working day notification, the GAC or building owner must request the waiver from the Division by the end of the next State business day following the unexpected discovery. The request must be on a form specified by the Division requesting a waiver of the 10-day notification. Identifying ACM if a thorough inspection in accordance with Section III.A. has not been conducted does not constitute an unexpected discovery.
III.E.1.e.(iii) Demolition Following Abatement In the event where a facility is to be demolished following a noticed or permitted asbestos abatement project where the 10-working day notification period was already imposed, the Division may waive the notification period if the completed demolition approval notice is filed with the Division within the 10-working day period following the completion of the abatement. No waiver of the notification period will be granted for incomplete applications, for applications received more than 10-working days after the completion of the abatement or where the Division requires further confirmation that all Regulated Asbestos Containing Material has been removed from the facility.
III.E.2 Notifications for Single-Family Residential Dwellings Regarding Abatement and Demolition. Notifications required under Sections III.E.2 and III.E.3 are subject to the following conditions:III.E.2.a. The notification must be postmarked or delivered to the Division at least ten (10) working days before commencing an abatement project or demolition project, except as provided in Section III.E.2.d. Any fees required under Sections III.E. (Notices) or III.G.1. (Permits) must accompany the notice for the notice to be accepted by the Division.III.E.2.b. If the project is not one for which permit is required pursuant to Section III.G.1. (Permits), a processing fee of $80.00 must be submitted to the Division for each notice.III.E.2.c. For demolition projects, a base fee of $50.00 is required plus an additional $5.00 per one thousand square feet, or any portion thereof, of structure footprint.III.E.2.d. Waiver of the 10-Working Day Notification Period. There are four situations where the Division will consider a waiver of the 10-working day notification. They are: III.E.2.d.(i) Emergencies In the event of an emergency, as defined in Section I.B.41., in which asbestos abatement work must commence at once, the GAC must submit a written notification on a form specified by the Division prior to commencing the emergency abatement. The notification application must be accompanied by a form specified by the Division requesting a waiver of the 10-day notification.
III.E.2.d.(ii) Unexpected Discovery In the event of an unexpected discovery of ACM behind a wall, above a ceiling, beneath a floor or otherwise hidden in such a way as to preclude access to it without significantly damaging part of the structure, should the building owner wish to seek a waiver of the normal 10-working day notification, the GAC or building owner must notify the Division by the end of the next regular State business day following the unexpected discovery. The request must be on a form specified by the Division requesting a waiver of the 10-day notification. Identifying ACM if a thorough inspection in accordance with Section III.A. has not been conducted does not constitute an unexpected discovery.
III.E.2.d.(iii) Demolition Following Abatement In the event a single-family residential dwelling is to be demolished following a noticed or permitted asbestos abatement project where the 10-working day notification period was already imposed, the Division may waive the waiting period provided the completed demolition approval notice is filed with the Division within the 10-working day period following the completion of the abatement. No waiver of the notification period will be granted for incomplete applications, for applications received more than 10-working days after the completion of the abatement or where the Division requires further confirmation that all RACM has been removed from the facility.
III.E.2.d.(iv) Compelling Circumstances In the event there is a compelling circumstance that makes providing a 10-day working notice too onerous, the Division may waive the waiting period provided the homeowner, on a form specified by the Division, submits documentation of the compelling circumstance. No waiver of the notification period will be granted for incomplete applications or where the Division requires additional information.
III.E.3. Notifications for Single-Family Residential Dwellings Regarding Opt-Out III.E.3.a. A homeowner of a single-family residential dwelling may provide notification of their decision to opt-out of the area of public access requirements of this regulation for the abatement of asbestos-containing material in excess of the trigger levels if: III.E.3.a.(i) The homeowner resides in the single-family residential dwelling;III.E.3.a.(ii) The single-family residential dwelling they are opting out of is the homeowner's primary residence; andIII.E.3.a.(iii) The homeowner or GAC submits the form titled "Single-Family Residential Dwelling Area of Public Access Opt-Out Form" as specified by the Division.III.E.3.b. A single-family residential dwelling will revert to being subject to the area of public access requirements: 1) at the end of the project; 2) when the homeowner no longer owns the single-family residential dwelling; or,3) if the dwelling ceases being the homeowner's primary residence, whichever is first.III.E.3.c. The single-family residential dwelling opt-out is not applicable for homeowners who have plans to demolish the home, plan to sell or rent the home at the conclusion of the project, if the renovation will impact an area of public access, or if the renovation will impact an area to which members of the general public will have access to for business purposes.III.E.4. Notifications for facilities that are structurally unsound and in danger of imminent collapse. For facilities that are declared structurally unsound and in danger of imminent collapse by a qualified (through training, education or experience) State or local governmental representative, or, if no qualified governmental representative is available, a Colorado Licensed Professional Structural Engineer, the GAC must, on a form specified by the Division, provide written notice of the intent to conduct asbestos abatement and demolition and comply with subsection III.W. (Structurally Unsound Facilities).
III.F. Alternative Procedures and Variances The Division may, at its discretion, grant a variance from this Regulation allowing use of an alternative procedure for the clearance of an asbestos abatement project or the control of emissions from an asbestos abatement project provided that the GAC or ACF submits the alternative procedure in writing to the Division along with a $50.00 review fee, and demonstrates to the satisfaction of the Division that compliance with the regulation is neither practical nor feasible, or that the proposed alternative procedures provide equivalent control of asbestos.
Within forty-five (45) days of the receipt of the request the Division will notify the applicant in writing of its decision to either grant or deny the variance. If the variance is denied, the Division will provide a reason for the denial to the applicant. No person may begin abatement using such a procedure until a variance has been requested, and approved in writing. Any violation of any condition of the variance will be considered a violation of this Regulation.
III.G. Permits III.G.1. Permit Applications III.G.1.a. No person may commence an abatement project in which the amount of friable asbestos-containing material exceeds the trigger levels in an area of public access without first obtaining an asbestos abatement permit from the Division. Only the GAC in whose name the permit is issued may conduct the abatement project.III.G.1.b. Permit fees for large contiguous facility complexes must be paid annually to the Division in the amount of $1,200.00 plus $80.00 for each anticipated project. This fee must accompany the permit application for the application to be accepted. At the end of the permit year, the Division will refund fees for projects that have not been conducted, less a $80.00 processing fee.III.G.1.c. For any project other than those on large contiguous facility complexes, the permittee will be assessed a fee for the permit. The fee must accompany each permit application. The fee schedule is as follows: Project Length | Permit Fee for Projects |
Applies to ALL facilities including single-family residential dwellings | Applies ONLY to single-family residential dwellings |
Greater than 260 linear feet/160 square feet/55 gallon drum | Greater than 50 linear feet/32 square feet/55 gallon drum but less than or equal to 260 linear feet/160 square feet/55 gallon drum |
1-30 days | $400.00 | $180.00 |
31-90 days | $800.00 | $300.00 |
91-365 days | $1,200.00 | $420.00 |
Any inspections in excess of one for a 30-day permit, two for a 90-day permit, or three for a one-year permit will be assessed at a rate of $80.00 per hour.
Permits are valid for a maximum of one year. A new permit must be obtained for projects lasting longer than one year.
III.G.2. Project Modification Whenever there is a modification in the project, the applicant must provide notification of all changes on a form specified by the Division. A project modification occurs when there is a change in the scope of work, the scheduled work dates or times, or project personnel (Project Manager, Project Designer or Air Monitoring Specialist). The applicant must notify the Division prior to implementing the modification(s).
III.G.3. Multiple-Phase Projects Buildings owned by the same person, which are at different locations, must be permitted separately unless they are part of the same project. Buildings owned by the same person, which are at the same location, must be covered by one multiple-phase permit. When applying for a permit for abatement to be performed in more than one building or in more than one area within a single building, the applicant must provide, on a form specified by the Division, additional information regarding the multiple-phase project
III.G.3.a. Additional phases that are to be added after the start of a multi-phase project must be submitted on a new application covering the additional phase or phases prior to the start of the first additional phase. No person may commence work on any additional phase(s) without first obtaining approval from the Division for the additional phase(s) to their permit. There is a $80.00 fee for each additional phase after the initial permit approval.III.G.4. The Division approved permit must be posted in a visible location at the work site at all times.III.G.5. Asbestos abatement permits are required for asbestos abatement projects in single- family residential dwellings for which the amount of asbestos-containing materials to be abated exceeds the trigger levels, unless either of the following conditions applies: III.G.5.a. The homeowner has requested that the single-family residential dwelling not be considered an area of public access pursuant to Section III.E.3; orIII.G.5.b. The individual is performing the abatement project himself/herself in a single- family residential dwelling that the individual resides in and is the individual's primary residence.III.G.6. Transferring a Permit Should a GAC wish to transfer a permit to another GAC, the GAC who will perform the abatement project must submit a new permit application and pay the Division a $55.00 processing fee.
III.G.7. No permit to conduct asbestos abatement will be issued to a person who has failed to pay in full a Division-assessed penalty for violating any provision of this Regulation Number 8, Part B or to any person who has otherwise failed to comply with any order of the Division, unless the penalty or order is under appeal before the Air Quality Control Commission.III.G.8. Permits issued on projects requiring project managers will not be valid until the project manager signs the original copy of the permit.III.H. Abatement Sequence This Section III.H. applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material (ACM) that will be abated exceeds the trigger levels.
III.H.1. Pre-Abatement Pre-abatement is the time period covering the commencement of construction of the containment and all other preparations (including any necessary pre-cleaning) taking place prior to the actual abatement of ACM. This abatement phase does not include the transport of materials and equipment to the job site. The transport of materials and equipment to the job site is the only activity that is allowed prior to the permit start date.
Following are the steps for the pre-abatement phase of the project. Please note that steps 1 through 6, where applicable, are mandatory, and the exact sequence shown is mandatory.
1) Install critical barriers (pursuant to Section III.I, Critical Barrier Installation)2) Establish negative pressure (pursuant to Section III.J, Air Cleaning and Negative Pressure Requirements)3) Construct the decontamination area (pursuant to Section III.K, Decontamination Area)4) Pre-clean surfaces (pursuant to Section III.L, Pre-cleaning of Surfaces)5) Cover fixed objects (pursuant to Section III.M, Covering Fixed Objects)6) Construct the containment (pursuant to Section III.N, Containment Components)III.H.2. Active Abatement Active abatement means the time period beginning with the completion of the pre- abatement phase and ending when the area has passed final clearance air monitoring and the critical barriers have been completely removed.
The active abatement phase includes the actual "gross" removal of ACM and all aspects of "final cleaning" that are conducted prior to the areas being pronounced ready for a final visual inspection: The final visual inspection, final clearance air monitoring, and the removal of critical barriers are the last activities included in the active abatement phase.
Following are the steps for the active abatement phase of the project. Please note that steps 7, 8, 10, and 11, are mandatory, and the exact sequence shown is mandatory.
7) Conduct abatement (pursuant to Section III.O, Abatement Methods)8) Conduct final visual inspection (pursuant to Section III.P.1., Final Visual Inspection)9) If a coating material is to be applied to surfaces in the containment it may only be applied after the final visual inspection has been successfully completed. This coating must be completely dry to the touch before final clearance air sampling may commence.10) Conduct final clearance air monitoring (pursuant to Section III.P.3., Final Clearance Air Monitoring)11) Conduct the tear-down (pursuant to Section III.Q, Tear-down)III.H.3. Post-Abatement Post abatement means any point in time following the termination of the active abatement phase. Following is the step for the post-abatement phase of the project. Please note that step 12 is mandatory.
12) Any handling of waste during post-abatement or, if necessary, during active abatement must be completed pursuant to Section III.R, Waste Handling.III.I. Critical Barrier Installation This Section III.I. applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
All openings between the work area and clean areas including, but not limited to, windows, doorways, elevator openings, corridor entrances, drains, ducts, grills, grates, diffusers and skylights must be sealed with a minimum of one layer of 6-mil polyethylene sheeting.
III.J. Air Cleaning and Negative Pressure Requirements This Section III.J. applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
III.J.1. Negative Air Machines and HEP A FiltersIII.J.1.a. Negative air machines (NAMs) must be operated continuously from the time of critical barrier construction through the time that acceptable final clearance air monitoring results are obtained in accordance with Section III.P (Clearing Abatement Projects).III.J.1.b. The General Abatement Contractor (GAC) who is required to use air cleaning must properly install, use, operate, and maintain all air-cleaning equipment authorized by this Section III.J (Air Cleaning and Negative Pressure Requirements).III.J.1.c. The GAC who is required to use air cleaning must use a HEPA filter to clean the air, except as noted in the following:III.J.1.c.(i) Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material.III.J.1.c.(ii) If the use of a filter creates a fire or explosion hazard, the Division may authorize as a substitute the use of wet collectors designed to operate with a NAM contacting energy of at least 9.95 kilopascals (40 inches of water gauge pressure).III.J.1.c.(iii) The Division may authorize the use of filtering equipment other than HEPA filters if EPA has previously approved it and if it can be demonstrated to the Division's satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material.III.J.1.d. These NAMs must exhaust filtered air to the outside of the building when the length of exhaust duct required to do so does not overburden the negative air machine. If air must be exhausted to the interior of the building, it must be done in accordance with Section III.U.1.b. (During Abatement).III.J.2. Air Exchange Rates The GAC who is required to use air cleaning must maintain sufficient air cleaning equipment in operation at all times to ensure that the air within the work area is exchanged a minimum of four (4) times per hour.
III.J.3. Pressure Differential At all times the differential of the work area to the clean area must be, at a minimum, -0.02 inches of water. A manometer or pressure gauge must be set up on the outside of the containment area so that the pressure differential between the work area and the clean area may be determined. At all times the differential of the work area to the clean area must be recorded using a strip chart recorder or its equivalent. The manometer must be programmed with the current date, time and location, and must have an audible alarm that will sound when pressure drops below the minimum -0.02 inches' water column. The alarm function must be audible during active abatement.
III.J.4. Air Flow Direction At all times airflow direction must be from the exterior of the containment barriers into the interior of the containment barriers. In addition, smoke tubes must be readily available on the outside of the containment barriers at all times so that airflow direction and verification of air movement within the work area may be determined.
III.K. Decontamination Unit This Section III.K. applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material (ACM) that will be abated exceeds the trigger levels.
III.K.1. Construction A decontamination unit must be constructed to provide a means to decontaminate asbestos-exposed personnel and equipment before such personnel and equipment leave the work area. The decontamination unit must consist of the following three stages, which must be separated by three offset flaps in a "Z" pattern or an equivalent system of barriers that will self-close should negative air pressure fail:
III.K.1.a. Clean Room The clean room must be sized to accommodate the clothes and equipment of the work crew. Clean work clothes, clean disposable clothing, replacement filters for respirators, towels and other necessary items must be provided in the clean room. No asbestos-contaminated items may enter this room. Workers must use this area to suit up, store street clothes, and don respiratory protection on their way to the work area, and to dress in clean clothes after showering.
III.K.1.b. Shower Except for small-scale abatement projects where glovebag methods or mini-containment methods are used, a portable shower must be used to permit the employees to clean themselves after exposure to asbestos. Each showerhead must be supplied with hot and cold water adjustable at the tap, and a drain equipped with a filtration system to filter asbestos from the shower wastewater to a fiber size of five (5) microns prior to discharging the wastewater into a sanitary sewer. The shower room must contain one or more showers to accommodate all personnel. The shower enclosure must be constructed to ensure against leakage of any kind and must be kept clean of all visible dust and debris.
III.K.1.c. Equipment (Dirty) Room The equipment room must be used for storage of equipment and tools at the end of a shift after decontamination using a HEPA filtered vacuum or wet cleaning techniques. A labeled six-(6) mil polyethylene bag for collection of disposable clothing shall be located in this room. Contaminated footwear must be stored in this area for reuse.
III.K.2. Entry and Exit The following procedures must be used for work area entry and exit unless there is an emergency situation immediately dangerous to life or health:
III.K.2.a. All personnel and authorized visitors must enter and exit the work area through the decontamination unit and not the waste load-out.III.K.2.b. All personnel must remove street clothes and don disposable coveralls, head covering and foot covering prior to entering the work area. To prevent contamination from leaving the work area, all personnel entering the work area must wear disposable coveralls in sizes adequate to accommodate movement without tearing. The coveralls (Tyvek® or other material equally effective in preventing gross ACM from contacting the individual's body) must include head and foot covers (unless head and foot covers are provided separately).III.K.2.c. Before leaving the work area, all personnel must remove gross contamination from the outside of respirators and dispose of protective clothing in containers labeled for disposal in accordance with Section III.R.2.b. (Labeling). Personnel must proceed to the shower area and then shower and shampoo to remove residual asbestos contamination. After showering, personnel must proceed to the clean room.III.L. Pre-Cleaning of Surfaces This Section III.L. applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
Pre-cleaning of surfaces contaminated with visible dust or debris must be conducted prior to the commencement of any abatement project. The following procedures must be conducted in the order in which they appear:
III.L.1. HEPA vacuum or wet wipe all surfaces contaminated with visible dust or debris. All movable objects must be cleaned of dust and debris by HEPA vacuum or wet wiped before removal from the work area;III.L.2. Dispose of all dust and debris, filters, mop heads and other contaminated waste as ACWM pursuant to Section III.R (Waste Handling);III.L.3. Pre-cleaning of dirt floors must be conducted in accordance with Section III.S.5 (Asbestos-Contaminated Soil).III.M. Covering Fixed Objects This Section III.M. applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
At a minimum, all fixed objects in the work area must be covered with one (1) layer of six-(6) mil polyethylene sheeting, secured in place.
III.N. Containment Components This Section III.N. applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material (ACM) that will be abated exceeds the trigger levels.
Construction of the containment components may commence only after adequate negative pressure is established. Polyethylene sheeting must be used in the construction of containment barriers in order to isolate the work area during abatement projects. Spray poly may be substituted for polyethylene sheeting.
III.N.1. Wall, Floor and Ceiling Polyethylene Polyethylene sheeting must be used in thicknesses and number of layers as specified in Sections III.N.1.a., b., c., and d., and must be used to seal all windows, doors, ventilation systems, and wall penetrations, and to cover ceilings, walls, and floors in the work area. Duct tape or spray adhesive must be used to seal the edges of the plastic and to seal any holes in the containment. Polyethylene sheeting must be attached using any combination of duct tape or other waterproof tape, furring strips, spray glue, staples, nails, screws or other effective materials capable of sealing adjacent sheets of polyethylene and capable of sealing polyethylene to dissimilar finished or unfinished surfaces under both wet and dry conditions.
III.N.1.a. Laying Polyethylene on Floors At a minimum, floors must be covered with sheeting consisting of two (2) layers of six-(6) mil polyethylene sheeting, unless spray poly is used. Floor sheeting must extend up sidewalls at least twelve (12) inches and be sized to minimize seams. No seams may be located along wall/floor joints. If ACM flooring material is being removed in conjunction with other ACM(s), a minimum of one (1) layer of six-(6) mil polyethylene sheeting sealed to the walls must cover the flooring to be removed during all upper removal activity.
III.N.1.b. Hanging Polyethylene on Walls If a work area has walls that will not be abated as part of the abatement work, at a minimum, walls must be covered with sheeting that must consist of two (2) independent layers of four (4) mil or thicker polyethylene, unless spray poly is used. It must be installed to minimize seams and must extend beyond wall/floor joints at least twelve (12) inches. No seams may be located along wall/wall joints.
III.N.1.c. Hanging Polyethylene Sheeting on Ceilings If a work area has a ceiling that will not be abated as part of the abatement work, at a minimum, the ceiling must be covered with sheeting that must consist of one (1) layer of four (4) mil or thicker polyethylene, unless spray poly is used. It must be installed to minimize seams and must extend beyond wall/ceiling joints at least twelve (12) inches. No seams may be located along wall/ceiling joints.
III.N.2. View Port A clear view port with a minimum size of 12" × 12" must be installed to allow a view of the interior of the work area. If a view port cannot be installed, an explanation must be made on the notification form stating that it will not be installed and the reason why.
III.N.3. Waste Load-out Area A full containment must be constructed to include a waste load-out area. This area must be separate from the decontamination unit, may be used as a temporary storage area for bagged waste and must be used as the port for transferring waste out of the work area. The innermost room must be large enough to accommodate the cleaning of bagged/containerized debris and the largest sized debris and equipment. All waste load-out areas must have a minimum of two separate rooms separated by three offset flaps in a "Z"-pattern or an equivalent system of barriers that will self-close should negative air pressure fail. The "Z"- pattern flaps must function as a self-closing system as each container is passed through the flaps. The flaps must not be held open except when items are being removed from containment and only because the item is causing the flaps to open.
III.N.4. Secondary Containment III.N.4.a. For glovebag removals (see III.V.1) the General Abatement Contractor (GAC) in lieu of full containment must erect secondary containment barriers where the amount of ACM to be removed in a functional space exceeds three (3) linear or three (3) square feet.III.N.4.b. For facility component removals (see III.V.2) in lieu of full containment the use of a secondary containment to facilitate the required air clearance monitoring is recommended, but not required.III.O. Abatement Methods This Section III.O applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material (ACM) that will be abated exceeds the trigger levels.
The three methods of asbestos abatement are listed. Any additional requirements using these methods, other than those already specified in this regulation, are detailed in Sections II.O.1., 2., and 3.
III.O.1. Removal III.O.1.a. Controlling Airborne Fiber Release/EmissionsIII.O.1.a.(i) Wetting III.O.1.a.(i)(A) Amended Water Amended water must be used to adequately wet ACM and ensure that it remains wet until collected and contained or treated in preparation for disposal. Surfactants must be a commercially available product specifically designed to be mixed with water for use in wetting of asbestos-containing materials.
III.O.1.a.(i)(B) Wetting Equipment Airless sprayers, or alternative spray equipment such as hand pump garden sprayers or misting bars that operate with an adjustable nozzle pressure which does not exceed fifteen hundred (1500) PSI must be used when applying amended water or encapsulant to ACM except:
III.O.1.a.(i)(B)(1) A hose, equipped with a mixing box to facilitate the addition of surfactant, may be used to apply amended water on structurally unsound buildings or debris piles. The hose must be equipped with an adjustable nozzle and backflow preventer. The amended water must be applied at a pressure that does not generate dust or splattering at the point of contact.III.O.1.a.(i)(C) Cold Temperature Wetting When the temperature at the point of wetting is below freezing (0°C/32°F):
III.O.1.a.(i)(C)(1) The General Abatement Contractor (GAC) must apply for a variance from the Division in accordance with the requirements of Section III.F. (Alternative Procedures and Variances); orIII.O.1.a.(i)(C)(2) Remove facility components coated or covered with friable ACM as units or in sections in accordance with Section III.V.2. (Removing of Facility Components).III.O.1.a.(ii) HEPA Vacuuming All vacuuming of contaminated surfaces must be done with a HEPA filter-equipped vacuum.
III.O.1.a.(iii) Wet Wiping Wet wiping of contaminated surfaces prior to disassembly of containment barriers must be done using rags and a bucket of clean or amended water.
III.O.1.b. Removal of Asbestos from Elevated Heights For friable ACM that will be removed or stripped:
III.O.1.b.(i) Adequately wet the materials to ensure that they remain wet until they are collected and contained or treated in preparation for disposal in accordance with Section III.R. (Waste Handling);III.O.1.b.(ii) Carefully lower the materials to the ground and floor, not dropping, throwing, sliding, or otherwise damaging or disturbing the materials;III.O.1.b.(iii) Transport the materials to the ground via leak-tight chutes or containers if they have been removed or stripped more than 50 feet above ground level and were not removed as units or in sections.III.O.1.b.(iii)(A) Leak-tight chutes must be constructed with a structural frame, the interior of which must be covered with a hard, rigid surface. The interior of the chute must be covered with a minimum of 2 layers of 6-mil polyethylene or spray poly according to Section III.N.1. Wall, Floor and Ceiling Polyethylene. The chute is part of the containment and must be maintained under a minimum negative pressure of 0.02 inches of water column and cleaned and cleared according to Section III.P. Clearing Abatement Projects.III.O.1.c. Alternative Removal Methods III.O.1.c.(i) Aggressive removal methods such as bead blasting, wet media blasting, hydro blasting, grinding, dry ice removal, etc. that pulverize, grind, blast the ACM or its substrate during removal must implement additional engineering controls. III.O.1.c.(i)(A) Hydro blast (spin jet), grinders, dry ice, bead blast. III.O.1.c.(i)(A)(1) Air exchanges must be increased to a minimum of 6 per hour;III.O.1.c.(i)(A)(2) Negative air pressure must be maintained at least -.0.04 inches' water column; andIII.O.1.c.(i)(A)(3) Airless sprayers or foggers must be used at the point of contact for general dust suppression.III.O.1.c.(i)(B) Wet media blaster III.O.1.c.(i)(B)(1) Air exchanges must be increased to a minimum of 6 per hour;III.O.1.c.(i)(B)(2) Negative air pressure must be maintained at least -.0.04 inches' water column;III.O.1.c.(i)(B)(3) Airless sprayers or foggers must be used at the point of contact for general dust suppression;III.O.1.c.(i)(B)(4) Floor poly must be installed to minimize seams. Any seams must have a 6-inch overlap; andIII.O.1.c.(i)(B)(5) If floor seams are present they must be covered with an impermeable sealant, e.g., roofing sealant or tar.III.O.1.c.(i)(C) Other alternative aggressive methods Aggressive alternative removal methodologies not listed in this subsection shall be evaluated by the Division prior to approval and implementation for use.
III.O.2. Encapsulation III.O.2.a. When spray-applying encapsulants they must be applied using only airless spray equipment with nozzle pressure adjustable between four hundred (400) and fifteen hundred (1500) PSI and in accordance with the manufacturer's recommendations for the particular encapsulant. A containment need not be erected when spraying an encapsulant provided that the ACM is well adhered and will not be disturbed during the encapsulation process. The abatement area must still be cleared as required by subsection III.P.III.O.3. Enclosure III.O.3.a. If enclosure is chosen as the abatement technique, a solid structure (airtight walls and ceilings) must be built around the facility component to prevent the release of ACM into the area beyond the enclosure and to prevent disturbance of ACM by casual contact during future maintenance operations. A containment barrier need not be erected when constructing an enclosure provided that the ACM will not be disturbed during the building of the enclosure. The abatement area must still be cleared as required by subsection III.P. Such a permanent (i.e., for the life of the building) enclosure must be built of new construction materials and must be impact resistant and airtight. Before constructing the enclosure, the person conducting the asbestos abatement must move all active electrical conduits, telephone lines, recessed lights, and pipes out of the area to be enclosed in order to ensure that the enclosure will not have to be reopened later for routine or emergency maintenance.III.O.3.b. The master floor plans must indicate the exact location and condition of the enclosed asbestos and this plan must be kept in a separate asbestos file with the building superintendent, engineer or owner.III.P. Clearing Abatement Projects This Section III.P applies to asbestos abatement projects in areas of public access, other than school buildings, where the amount of asbestos-containing material (ACM) that will be abated exceeds the trigger levels. For clearance requirements in school buildings, see Section IV.G.9. (Completion of Response Actions). The General Abatement Contractor (GAC), certified Air Monitoring Specialist, and the building owner must ensure that all abatement projects are completed as described. All air monitoring and final visual inspections-required under this regulation must be performed by a Colorado certified AMS who works for a registered Asbestos Consulting Firm. The AMS must be independent of the GAC to avoid possible conflict of interest.
III.P.1. Final Visual Inspection At the conclusion of any abatement action and with only critical barriers still in place, the certified AMS, who is independent of the GAC, must visually inspect each work area where such action was conducted, and behind the critical barriers, to determine whether all dust and debris has been removed. If any such dust or debris is found, the area must be re-cleaned until no dust or debris is found. If a critical barrier is removed for cleaning purposes, the area behind the critical barrier must be cleaned and the critical barrier immediately replaced.
III.P.1.a. The AMS must provide written notification to the GAC that the abatement work area has met final visual clearance standards and passed final air clearance sampling, as required in Sections III.P.1 and III.P.3. The Final Clearance Report must include: III.P.1.a.(i) The name and address or location of the structure(s) and the exact location in the structure of the work area that was cleared, the permit number, and phase of abatement (if a multi-phase permit applies).III.P.1.a.(ii) Date and time final clearance standards were met.III.P.1.a.(iii) The certified asbestos air monitoring specialist's name, signature, certification number, asbestos consulting firm name, contact information and registration number.III.P.1.a.(iv) The analyst's name and signature. The asbestos laboratory's name, contact information and registration number (if applicable).III.P.1.a.(v) Date of analysis, sample numbers, and fiber or structure concentrations of each sample.III.P.3. Final Clearance Air Monitoring and Sample AnalysesIII.P.3.a. Sample CollectionIII.P.3.a.(i) Once the area has passed a final visual inspection and no dust or debris has been found, the certified AMS must collect air samples using aggressive sampling as described in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 2010), to monitor air for clearance after each abatement project; except that fans and leaf blowers must not be directed toward any known friable ACM remaining in the work area.III.P.3.a.(ii) The total number of clearance air samples required to determine compliance with Section III.P. (Clearing Abatement Projects) for a state-permitted abatement project involving greater than the trigger levels of ACM is indicated in the following table: For each work area within the project where the amount of ACM is: | State-Permitted Project in Non-School Building | Response Action in School Building |
Minimum # of samples to clear each of the following: | Minimum # of samples to clear each of the following: |
Work area | Project | Work Area | Project |
Less than 3 square feet/3 linear feet | 1 | 5 | 5 | 5 |
From 3 square feet/3 linear feet up to 32 square feet/50 linear feet/volume equivalent of a 55-gallon drum | 2 | 5 | 5 PCM or 13 TEM | 5 PCM or 13 TEM |
Greater than 32 square feet/50 linear feet/volume equivalent of a 55-gallon drum up to 160 square feet/260 linear feet/volume equivalent of a 55-gallon drum | 5 | 5 | 5 PCM or 13 TEM | 5 PCM or 13 TEM |
Greater than 160 square feet/260 linear feet/volume equivalent of a 55-gallon drum | 5 | 5 | 13 TEM | 13 TEM |
III.P.3.b. Clearance Criteria III.P.3.b.(i) Transmission Electron Microscopy (TEM) Except as provided in Section III.P.3.b.iii., an abatement action will be considered complete when the average concentration of asbestos of five air samples collected within the abatement work area and analyzed by the TEM method in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 2010), is not statistically significantly different, as determined by the Z-test calculation as found in that Appendix A, from the average asbestos concentration of five air samples collected at the same time outside the abatement work area and analyzed in the same manner, and the average asbestos concentration of the three field blanks described in that Appendix A, is below the filter background level of 70 structures per square millimeter (70 s/mm2).
III.P.3.b.(ii) An action will also be considered complete if the volume of air drawn for each of the five samples collected within the abatement work area is equal to or greater than 1,199 L of air for a 25-mm filter, or equal to or greater than 2,799 L of air for a 37-mm filter, and the average concentration of asbestos as analyzed by the TEM method in 40 C.F.R. Part 763 Appendix A to Subpart E (EPA 2010), for the five air samples does not exceed the filter background level of 70 s/mm2, as defined in that Appendix A. If the average concentration of asbestos of the five air samples within the abatement work area exceeds 70 s/mm2, or if the volume of air in each of the samples is less than 1,199 liters of air for a 25-mm filter, or less than 2,799 L of air for a 37-mm filter, the action shall be considered complete only when the requirements of Sections III.P.3.b.i, or III.P.3.b.iii, of this Section III.P (Clearing Abatement Projects) are met.III.P.3.b.(iii) Phase Contrast Microscopy (PCM) An action will also be considered complete if the volume of air drawn for each sample is equal to or greater than 1,199 L of air for a 25-mm filter. A minimum number of samples must be collected within each work area and per project as defined in the chart in Section III.P.3.a.(ii). The laboratory may analyze air-monitoring samples collected for clearance purposes by PCM to confirm completion of removal, encapsulation, or enclosure of ACM. The action will be considered complete when the results of samples collected in the abatement work area and analyzed by PCM using the NIOSH Method 7400 entitled "Asbestos and other Fibers by PCM" published in the NIOSH Manual of Analytical Methods, 5th Edition, Third Supplement, June 2019, show that the concentration of fibers for each of the samples is less than or equal to a limit of quantification for PCM (0.01 fibers per cubic centimeter, 0.01 f/cm3, 10,000 f/m3). Each analyst doing said analysis must either be a successful participant in their company's American Industrial Hygiene Association (AIHA) Proficiency Analytical Testing (PAT) Program or in the Asbestos Analysts Registry (AAR) Program.
III.P.3.c. Laboratory Accreditation III.P.3.c.(i). The air samples collected under this Section III.P, must be analyzed for asbestos using laboratories accredited by the National Institute of Standards and Technology to conduct such analysis using TEM or, under circumstances permitted in this Section III.P. (Clearing Abatement Projects), laboratories showing successful participation in the American Industrial Hygiene Association Proficiency Analytical Testing (PAT) Program for PCM.III.P.3.c.(ii). Whenever on-site satellite labs are used for PCM analysis for air monitoring required under this regulation, all persons conducting said analysis must be properly trained as an analyst pursuant to the AIHA Laboratory Quality Assurance Program and must follow all quality control and quality assurance guidelines as set forth in the NIOSH Method 7400 entitled "Asbestos and other Fibers by PCM" published in the NIOSH Manual of Analytical Methods, 5th Edition, Third Supplement, June 14, 2019. Satellite labs must be owned and under the direct control of a properly accredited laboratory pursuant to the requirements set forth in Section III.P.3.b. (Clearance Criteria).III.Q. Tear-Down This Section III.Q. applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material that will be abated exceeds the trigger levels.
The following tasks must be performed during the tear-down portion of the abatement project:
* Removal of the critical barriers
* Removal of negative air machines(NAMs)
* Disassembly of the decontamination unit
* Disassembly of the waste load-out area
* HEPA vacuum any minimal dust or debris discovered
III.R. Waste Handling This Section III.R applies to asbestos abatement projects in areas of public access and non-public access areas where the amount of asbestos-containing material (ACM) which has been removed exceeds the trigger level. Except for situations addressed under III.R.2.c., all asbestos-containing waste material (ACWM) must be removed from the abatement site at the conclusion of the project.
III.R.1. Disposal Containers Disposal containers must be leak-tight and waterproof when sealed. Disposable bags must be at least six-(6) mil polyethylene.
III.R.2. Handling Waste Material Each person handling ACWM shall:
III.R.2.a. Seal all ACWM in leak-tight containers while wet and label the containers in accordance with Section III.R.2.b (Labeling). Appropriate containers and procedures must be used to prevent all breakage, rupture or leakage during loading, shipping, transportation and storage of ACWM.
III.R.2.b. Affix warning labels to all ACWM or to their containers, with the following warnings: Danger |
Contains Asbestos Fibers |
May Cause Cancer |
Causes Damage to Lungs |
Do Not Breathe Dust |
Avoid Creating Dust |
III.R.2.c. Following an abatement project, temporary storage of ACWM must be limited to 500 (five hundred), 55-gallon barrels, or the volumetric equivalent thereof, prior to disposal. Storage is permitted only on property owned or operated by the General Abatement Contractor (GAC) or building owner. Temporary storage must not exceed a time period of more than 6 months following the completion of the abatement action.III.R.2.d. Discharge no visible emissions during the collection, processing (including incineration), packaging, transportation, or deposition of any ACWM generated by the source.III.R.2.e. Dispose of ACWM in accordance with Colorado Department of Public and Environment Health, Hazardous Materials and Waste Management Division regulations.III.R.2.f. All asbestos-containing wastewater must be filtered to five (5) micrometers prior to discharge and must be discharged to a sanitary sewer.III.R.2.f.(i) Asbestos-containing wastewater may not be used for wetting on the abatement project.III.R.3. Follow the waste shipment procedures in accordance with the provisions of 40 C.F.R. Part 61 Section 150 (EPA 2011). III.R.3.a. Solid waste transfer stations may only accept asbestos waste after receiving approval from the Hazardous Materials and Waste Management Division and the local governing body.III.S. Abatement of Special Materials This Section III.S applies to projects in areas of public access where the amount of asbestos-containing material (ACM) that will be abated exceeds the trigger levels.
III.S.1. Resilient Floor Tile and Sheet Vinyl FlooringIII.S.1.a. Pursuant to Section III.E. (Notification), the person conducting the project must notify the Division of the intent to demolish, renovate, or perform asbestos abatement in any building, structure, facility or installation, or any portion thereof, which contains asbestos in any amount that exceeds the trigger levels whether friable or not.III.S.1.b. Resilient floor tile, and associated flooring adhesive which contain asbestos, are nonfriable unless the material is damaged to the extent that when dry it can be crumbled, pulverized or reduced to powder by hand pressure.III.S.1.c Sheet vinyl flooring which contains asbestos is nonfriable unless the material is damaged to the extent that when dry it can be crumbled, pulverized or reduced to powder by hand pressure. For renovation, demolition or abatement purposes, unless removed as required by Section III.S.1.d., sheet vinyl flooring with a fibrous asbestos containing backing must be removed as a friable material.III.S.1.d. Provided that the requirements of Appendix B are followed as required, the following sections do not apply: Section II (Certification Requirements), Section III, Sections III G. (Permits), III.H. (Abatement Sequence), III.I. (Critical Barrier Construction), III.J. (Additional Engineering Controls), III K. (Decontamination Area), III.L. (Pre-cleaning of Surfaces), III.M. (Covering Fixed Objects), III.N. (Containment Components), III.O. (Abatement Methods), .III.P. (Clearing Abatement Projects), and III.Q. (Tear-Down). If a person grinds, mechanically chips, drills, sands, bead blasts, sandblasts, mechanically powders the material or otherwise damages such material to render it friable, and the amount of the material exceeds the trigger levels, then the following sections do apply: Sections I. (Definitions), II. (Certification Requirements) and III. (Abatement, Renovation and Demolition Projects).
III.S.1.e. Sheet Vinyl Flooring If utilizing the work practices set forth in Appendix B for the removal of sheet vinyl flooring, any Workers removing the flooring must have successfully completed an 8-hour employee training course which meets the training requirements for flooring Workers set forth in Appendix C to this regulation; furthermore, individuals supervising the removal of sheet vinyl flooring materials must have successfully completed the 8-hour employee training course and an additional training course for Supervisors which meets the training requirements for flooring Supervisors set forth in Appendix C to this regulation. Provided that the requirements of Appendix B are followed as required, the following sections do not apply: section II (Certification Requirements), section III, subsections III G. (Permits), III.H. (Abatement Sequence), III.I. (Critical Barrier Construction), III.J. (Additional Engineering Controls), III K. (Decontamination Area), III.L. (Pre-cleaning of Surfaces), III.M. (Covering Fixed Objects), III.N. (Containment Components), III.O. (Abatement Methods), .III.P. (Clearing Abatement Projects), and III.Q. (Tear-Down).
III.S.2. Asbestos Cement Products Asbestos cement roofing shingles, siding and other asbestos cement products that are nonfriable and will remain nonfriable during removal are subject to the requirements of Section III.E. (Notifications). The asbestos cement roofing shingles, siding, or other asbestos cement products must be removed in accordance with Section III.S.4. (Other Nonfriable Asbestos-Containing Materials). If the asbestos roofing shingles, siding, other asbestos cement products become friable during removal, then Sections I. (Definitions), II. (Certification Requirements), and III. (Abatement, Renovation and Demolition Projects) apply.
III.S.2.a. Asbestos cement products in an amount greater than the trigger levels must be removed prior to demolition.III.S.3. Asphaltic Materials Tar impregnated roofing felts, asphalt-roofing tiles, roofing asphalts, roofing mastics, asphaltic or bituminous coatings and asphaltic pipeline coatings that are nonfriable and will remain nonfriable during removal are exempt from this regulation.
III.S.4. Other Nonfriable Asbestos-Containing MaterialsIII.S.4.a. Adequately wet the surface areas of the nonfriable ACM to prevent dust emissions throughout the removal process.III.S.4.b. Remove the materials using hand removal methods or power tools that do not subject the material to cutting, grinding, sanding, bead blasting, sandblasting, or otherwise damage the material in such a way as to render it friable.III.S.4.c. Remove the material carefully with minimal breakage and disturbance.III.S.4.d. If the nonfriable material is to be disposed of, then it must be transported to the landfill that will accept nonfriable ACM. The landfill must be contacted prior to disposal to ensure that the nonfriable ACM is transported and packaged in accordance with the landfill's specific policy or regulation. If the materials have been rendered friable, they must be disposed of as friable asbestos-containing waste materials pursuant to Section III.R. (Waste Handling).III.S.5. Asbestos-Contaminated Soil Any soil containing visible friable ACM or any soil with greater than 1% friable asbestos content in the top 1 inch of soil-is, for the purposes of this subsection, asbestos-contaminated soil. Where the surface area of the asbestos-contaminated soil exceeds the trigger levels, or the volume of contaminated soil to be removed exceeds the volume equivalent of a 55-gallon drum, the General Abatement Contractor (GAC) and the building owner must comply with all of the requirements in Section III.T. (Asbestos Spill Response), and must remove gross, visible surface debris, and either remove the top 2 inches of soil, or seal the area with concrete or other impenetrable material.
III.T. Asbestos Spill Response The following procedures apply to all areas of public access, except school buildings, in which there has been a release of asbestos fibers due to a breach of the containment barrier on an abatement project, or due to any cause other than abatement of asbestos. For fiber release episodes in schools, see Section IV. (School Requirements). Disturbance of asbestos-containing material (ACM) in amounts greater than the trigger levels constitutes a major spill. Disturbance of ACM in amounts less than the trigger levels constitutes a minor spill.
III.T.1. Spill In the event of a spill involving disturbance of suspect materials in an amount greater than the trigger levels:
III.T.1.a. If disturbed materials are already known to be or will be assumed to be asbestos containing, the facility owner, operator or contractor who discovered or created the disturbance must immediately comply with subsection III.T.2. and submit to the Division and the facility owner or operator the form titled "Major Asbestos Spill Notification Form" as specified by the Division.III.T.1.b. If the asbestos content of the disturbed material(s) is unknown, the facility owner, operator or contractor must immediately contact a Colorado-certified Asbestos Building Inspector to collect and submit for analysis bulk samples in accordance with subsection III.A.4. The inspection report must identify if the amount of ACM disturbed constitutes a major or minor asbestos spill. The asbestos building inspector who identifies a major asbestos spill must immediately notify the facility owner, operator or contractor and within 24 hours, submit to the Division and the facility owner or operator the form titled "Major Asbestos Spill Notification Form" as specified by the Division.III.T.2. Major Asbestos Spills In the event of an asbestos spill involving greater than the trigger levels of ACM, the facility owner, facility operator or contractor must:
III.T.2.a. Restrict access to the area and post warning signs to prevent entry to the area by persons other than those necessary to respond to the incident;III.T.2.b. Shut off or temporarily modify the air handling system to prevent the distribution of asbestos fibers to other areas;III.T.2.c. Spill Delineation III.T.2.c.(i) Indoor Spill Delineation Unless the entire facility is to be treated as a major asbestos spill, a Colorado-certified Air Monitoring Specialist (AMS) must determine the extent of the spill area. This may be done using visual examination, air samples, microvacuum dust samples, wipe samples or a combination thereof. If visible dust or debris is observed, directly related to or resulting from the known or assumed ACM which created the major asbestos spill, areas where it is observed must be included in the abatement of the spill.
III.T.2.c.(ii) Outdoor Spill Delineation The AMS must identify the extent of any debris and any surface contaminated by debris generated by the spill. This may be done using visual examination, microvacuum dust samples, wipe samples or a combination thereof. If visible dust or debris is observed, directly related to or resulting from the known or assumed ACM which created the major asbestos spill, areas where it is observed must be included in the abatement of the spill.
III.T.2.c.(iii) Samples must be collected and analyzed quantitatively by TEM using the following methods:III.T.2.c.(iii)(A) Air samples must be collected and analyzed in accordance with the procedures specified in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 2010) "Interim Transmission Electron Microscopy Analytical Methods."III.T.2.c.(iii)(B) Microvacuum samples must be collected and analyzed in accordance with the procedures specified in the ASTM International Method D5755-09 (Reapproved April 2014), "Standard Test Method for Microvacuum Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy for Asbestos Structure Number Surface Loading."III.T.2.c.(iii)(C) Wipe samples must be collected and analyzed in accordance with the procedures specified in the ASTM International Method D6480-19 (January 2019), "Standard Test Method for Wipe Sampling of Surfaces, Indirect Preparation, and Analysis for Asbestos Structure Number Surface Loading by Transmission Electron Microscopy."III.T.2.d. The General Abatement Contractor (GAC) selected to perform the cleanup of the spill must: III.T.2.d.(i) Submit notification in accordance with subsection III.E. (Notifications) or subsection III.G. (Permits), whichever is applicable, to the Division for approval.III.T.2.d.(ii) Using certified Workers and Supervisors, in accordance with Section II. (Certification Requirements), construct a containment in accordance with the following mandatory subsections, which must be followed in the exact sequence shown: III.T.2.d.(ii)(A) Construct the decontamination unit in accordance with subsection III.K. (Decontamination Unit).III.T.2.d.(ii)(B) Install critical barriers in accordance with subsection III.I. (Critical Barrier Installation)III.T.2.d.(ii)(C) Comply with the requirements of subsection III.J. (Air Cleaning and Negative Pressure Requirements)III.T.2.d.(iii) HEPA vacuum then steam clean all carpets, drapes upholstery and other non-clothing fabrics in the contaminated area or discard these materials in accordance with subsection III.R. (Waste Handling)III.T.2.d.(iv) Launder or discard all contaminated clothing in accordance with subsection III.R. (Waste Handling)III.T.2.d.(v) HEPA vacuum or wet wipe with clean amended water all hard surfaces in the contaminated areaIII.T.2.d.(vi) Discard all waste in accordance with subsection III.R. (Waste Handling)III.T.2.d.(vii) Ensure items cleaned as part of the spill response are included in the clearance process.III.T.2.e. All persons must comply with any other measures, provided in writing by the Division, which are deemed necessary to protect public health.III.T.2.f. Following completion of Sections III.T.2.d.(i) through III.T.2.e., the AMS must comply with air monitoring requirements as described in Section III.P. (Clearing Abatement Projects); air samples must be collected aggressively as described in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 2010), except that the air stream of the leaf blower must not be directed at any friable ACM that remains in the area.III.T.2.g. Gross removal of additional ACM may not be conducted under Section III.T.2. Any remaining gross removal of ACM must be abated in accordance with Section III.H. (Abatement Sequence). If additional ACM is to be removed, the final air sampling required in Section III.T.2.f. is not required to be conducted until after the additional removal is completed.III.U. Maximum Allowable Asbestos Level At any time, the maximum allowable asbestos level (MAAL) must not be exceeded in any area of public access.
All air monitoring required under this regulation must be performed by certified Air Monitoring Specialists independent of the General Abatement Contractor (GAC) to avoid possible conflict of interest.
III.U.1. Monitoring for the MAAL III.U.1.a. In Occupied Buildings For purposes of this Section III.U.1, air monitoring must be conducted during normal occupancy and samples must not be collected in an aggressive manner.
III.U.1.b. During Abatement III.U.1.b.(i) Exhausting Negative Air Machines (NAM)s in a Building If air from NAMs must be exhausted to the interior of the building, air samples must be collected and analyzed by Phase Contrast Microscopy (PCM) or any equivalent method approved by the Division each day abatement activities are occurring. The sample results must meet the requirements of Section III.U (Maximum Allowable Asbestos Level). In the event that the maximum allowable asbestos level is exceeded, all of the requirements of Section III.T (Asbestos Spill Response) must be met.
III.U.1.b.(ii) Outside Containment If samples are collected outside a containment and the airborne fiber levels outside a containment in an area of public access exceed the MAAL when analyzed by PCM, the GAC must either treat the affected area as an asbestos spill and comply with all the requirements in Section III.T (Asbestos Spill Response) or, reanalyze the samples by transmission electron microscopy (TEM) analysis in accordance with 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 2010), within 24 hours. If the MAAL is exceeded by TEM, comply with Section III.T (Asbestos Spill Response).
III.U.2. The Maximum Allowable Asbestos Level (MAAL)III.U.2.a. PCM If PCM is used as the method of analysis the standard is 0.01 fibers per cubic centimeter of air (f/cc), which is equivalent to 10,000 fibers per cubic meter of air (f/m3). The NIOSH 7400 Method entitled "Asbestos and other Fibers by PCM" published in the NIOSH Manual of Analytical Methods, 5th Edition, Third Supplement, June 14, 2019, shall be used to analyze samples. The number of samples to be collected must be determined by the certified Air Monitoring Specialist.
III.U.2.b. TEM Where TEM is used as the method of analysis, the standard is 70 structures/millimeter2 (s/mm2). TEM analysis must be conducted pursuant to the protocol in 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 2010).
III.U.2.c. Elevated Ambient Levels Notwithstanding the provisions of Sections III.U.1.b.(i) and III.U.1.b.(ii), if the asbestos fiber level in the outside ambient air which is adjacent to an asbestos project site or in an area of public access exceeds 70 s/mm2 using TEM analysis or 0.01 fibers per cubic centimeter of air (10,000 f/m3) using PCM analysis, whichever is applicable, the existing asbestos level in such air will be the maximum allowable asbestos level.
III.U.3. What to do if the MAAL is Exceeded III.U.3.a. Second Set by TEM In the event that airborne asbestos fiber levels exceed the MAAL when analyzed by PCM, a second set of samples may be collected during normal occupancy, analyzed by TEM analysis, and calculated as an eight-hour time-weighted average (TWA) in accord with 29 C.F.R. Part 1910.1000(d)(1)(i), before any order of abatement is issued. The TEM sample(s) must be collected in the same location(s) as the original PCM sample(s) and analyzed within 24 hours of the PCM sample(s).
III.U.3.b. Outside Containment In the event that airborne fiber levels outside a containment in an area of public access exceed the MAAL when analyzed by PCM, the GAC must either treat the affected area as an asbestos spill and comply with all the requirements in Section III.T (Asbestos Spill Response) or, reanalyze the samples by TEM analysis in accordance with 40 C.F.R. Part 763, Appendix A to Subpart E (EPA 2010), within 24 hours. If the MAAL is exceeded by TEM, comply with Section III.T (Asbestos Spill Response).
III.V. Special Removal Methods This Section III.V applies to asbestos abatement projects in areas of public access where the amount of asbestos-containing material (ACM) that will be abated exceeds the trigger levels.
III.V.1. Glovebag Removal Glovebag removal methods will only be allowed where the glovebag can be installed such that it completely surrounds the ACM to be removed without causing a fiber release.
III.V.1.a. Glovebags must be at least 6-mil polyethylene in thickness and must be seamless at the bottom.III.V.1.b. Glovebags must not be used in situations where the glovebag could come into contact with surfaces that exceed 150° Fahrenheit.III.V.1.c. Glovebags may be used only once and may not be moved.III.V.1.d. For glovebag removals the General Abatement Contractor (GAC) must:III.V.1.d.(i) erect secondary containment barriers where the amount of ACM to be removed in a functional space exceeds three (3) linear or three (3) square feet. In the event of a spill or a breach of the glovebag, the entire area enclosed by the secondary containment must be cleaned utilizing HEPA vacuuming and wet wiping with all debris, filters, mop heads, and cloths disposed of as asbestos-containing waste material (ACWM) in leak tight containers;III.V.1.d.(ii) tape or otherwise seal the glovebag to the area from which asbestos is to be removed. Glovebags must be smoke tested for leaks and any leaks sealed prior to use;III.V.1.d.(iii) adequately wet, then remove, the asbestos-containing material from the surface;III.V.1.d.(iv) adequately wet any ACM that has fallen from the surface into the enclosed bag using an airless sprayer and amended water or other materials or equipment equally effective in wetting;III.V.1.d.(v) thoroughly clean and wet wipe the surface until no traces of ACM can be seen;III.V.1.d.(vi) encapsulate the rough edges of any ACM that will remain on the surface after the glovebag has been removed. This must be done prior to the removal of the glovebag.;III.V.1.d.(vii) evacuate the air from the glovebag using a HEPA filter-equipped vacuum prior to removing the glovebag;III.V.1.d.(viii) ensure that the final visual inspection and clearance air monitoring requirements of Section III.P. (Clearing Abatement Projects) are met;III.V.1.d.(ix) handle and dispose of all waste materials as required in Section III.R (Waste Handling).III.V.2. Facility Component Removal Only those facility components on which the ACM is well adhered to the component may be taken out of the facility as units or in sections and be exempt from the containment requirements in Section III.N (Containment Components) provided that the GAC:
III.V.2.a. Adequately wet the facility component pursuant to Section III.O.1.a.(i) (Wetting) then wrap the facility component in six (6) mil polyethylene prior to removing the facility component; andIII.V.2.b. Ensure that the abatement project is cleared as required in Section III.P. (Clearing Abatement Projects) and that the ACWM is disposed of as required in Section III.R. (Waste Handling). The use of a secondary containment to facilitate the required air clearance monitoring is recommended, but not required.III.V.2.c. If the components are to be stripped after being removed from the containment, the GAC must comply with Sections I. (Definitions), II. (Certification Requirements) and III (Abatement, Renovation and Demolition Projects).III.W. Structurally Unsound Facilities For facilities, or any portions thereof, described in Section III.E.4., the Division may suspend any abatement work practice requirements, which may endanger personnel who will be removing the asbestos. The General Abatement Contractor (GAC) must apply for a variance from the Division in accordance with the requirements of Section III.F. (Alternative Procedures and Variances). During wrecking operations, the facility must be kept adequately wet commencing from the start of the project through delivery of the asbestos-containing waste material to a landfill that will accept friable asbestos-containing material (ACM).
III.W.1. The variance request must be accompanied by:III.W.1.a. An asbestos inspection report completed by a Colorado certified Asbestos Building Inspector in compliance with Section III.A. or an acknowledgement that the entire facility and the associated debris are assumed to be ACM.III.W.1.b. A completed Asbestos Abatement Notification Application form and a completed Demolition Notification Application FormIII.W.1.c. A completed Structurally Unsound Facility form. Photos of the site depicting the structural damage to the facility must be provided.III.W.2. At minimum, the variance request for the demolition and abatement of a structurally unsound facility must address the following elements in detail:III.W.2.a. An overall site plan/diagram or aerial photograph showing locations of the structurally unsound facility, wind fencing, haul routes, loading pads, personnel and equipment decontamination facilities, proposed air sample locations, and adjacent structures within 150' or less from the structure.III.W.2.b. The abatement site demarcation and containment including wind and water controlIII.W.2.c. A list of equipment to be used to handle asbestos-contaminated waste or soil.III.W.2.d. An acknowledgement of staff training and certification (in accordance with Section II),III.W.2.e. The decontamination unit construction (in accordance with Section III.K.1) and decontamination procedures and personal protective equipment (in accordance with Section III.K.2.).III.W.2.f. A description of engineering controls to be used to control visible emissions including wetting and dust suppression proceduresIII.W.2.g. A description of removal methods including demolition procedures (if applicable)III.W.2.h. Procedures for handling and packaging waste and transportation and disposal of waste.II.W.2.i. Spill procedures to be undertaken if ACM is released from the demarcated abatement site.III.W.2.j. Wind Conditions III.W.2.j.(i) All wind speed measurements must be taken outside any windscreens or fencing in locations in close proximity to the abatement area utilizing an approved hand-held deviceIII.W.2.j.(ii) Activities involving the removal or disturbance of ACM must immediately cease when one or more of the following site conditions occurs: III.W.2.j.(ii)(A) A wind gust equal to or greater than 20 miles per hour.III.W.2.j.(ii)(B) Sustained wind speeds equal to or greater than 12 mph averaged over a period of 10 minutes.III.W.2.j.(ii)(C) Winds producing visible emissions or creating movement of dust or debris in the abatement site.III.W.2.j.(ii)(D) Winds impacting any site engineering controls.III.W.2.j.(iii) Activities involving the removal or disturbance of ACM may resume when all of the following site conditions are met:III.W.2.j.(iii)(A) Wind gust readings for a period of 20 minutes drop below 20 miles per hour as determined by hand-held instruments.III.W.2.j.(iii)(B) Sustained wind speeds are below 12 mph averaged over a period of 20 minutes.III.W.2.j.(iii)(C) Winds are no longer producing visible emissions or creating movement of dust in the abatement site, andIII.W.2.j.(iii)(D) Winds are not impacting any site engineering controls.III.W.2.k. An air monitoring plan containing the following information:III.W.2.k.(i) Description of the equipment to be used and proposed analytical method for collection and analysis.III.W.2.k.(ii) Project shut-down and restart criteria.III.W.2.l. A cold weather wetting plan (if applicable).III.W.2.m. Abatement site visual clearance procedures.III.W.2.n. Final demobilization procedures including decontamination of equipmentIII.X. Exemptions The following sections of the regulation contain exemptions from certain requirements. Please refer to the indicated section for the specific details of the exemption.
* If the asbestos-containing material to be abated is less than the trigger levels, then only Section III.R. (Waste Handling) applies in Section III.
* Inspection requirements may be exempt if the architect or project engineer responsible for the construction of the building, or a Colorado certified asbestos building Inspector certifies a building constructed after October 12, 1988 to be asbestos-free. See Section III.A.1.d.
* If you own a Single-family residential dwelling (SFRD) that is your primary residence and you choose to do the abatement yourself, certification is not required. See Section III.B.1.c.
* A Project Manager doesn't need to be independent of the General Abatement Contractor (GAC) if the project manager and GAC are working in-house. See Section III.D.2.
* If you own a SFRD, which is your primary residence, you may opt out of having your SFRD deemed an area of public access. See Section III.E.3.
* There are three situations in which a Negative Air Machine (NAM) does not have to be fitted with a HEPA filter. See Section III.J.1.c.
* Certain materials are exempted from many of the abatement requirements. See Section III.S (Abatement of Special Materials).
* While performing facility component removal, full containment is not required. See Section III.V.2 (Facility Component Removal).
37 CR 18, September 25, 2014, effective 10/15/201438 CR 05, March 10, 2015, effective 3/30/201538 CR 18, September 25, 2015, effective 10/15/201539 CR 18, September 25, 2016, effective 10/15/201640 CR 12, June 25, 2017, effective 7/15/201741 CR 11, June 10, 2018, effective 6/30/201842 CR 16, August 25, 2019, effective 9/14/201943 CR 03, February 10, 2020, effective 1/16/202043 CR 03, February 10, 2020, effective 3/1/202043 CR 12, June 25, 2020, effective 7/15/202044 CR 04, February 25, 2021, effective 3/17/202144 CR 12, June 25, 2021, effective 7/15/202145 CR 12, June 25, 2022, effective 7/15/202246 CR 12, June 25, 2023, effective 7/15/202347 CR 12, June 25, 2024, effective 7/15/2024