D.C. Mun. Regs. r. 20-800

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 20-800 - CONTROL OF ASBESTOS

800.1

The requirements of 40 CFR 61.141, 61.145, 61.146, 61.150, 61.152, and 61.154 (July 1, 1994 Edition), are hereby adopted by reference, with the terms used and defined, except that:

(a) The word "Administrator" as used in the CFR sections shall be taken to mean "Director of the District Department of the Environment";

(b) Planned renovation operations subject to § 800 shall not be started prior to receipt of written approval therefor from the Administrator; and

(c) Demolition operations subject to § 800, except for those subject to 40 CFR § 61.145(a)(3), shall not be started prior to receipt of written approval therefor from the Administrator.

800.2

For the convenience of persons subject to the requirements of § 800.1, Appendix No. 4 to this Subtitle contains pertinent parts of 40 CFR 61, Subpart M (July 1, 1994 Edition) which includes the sections cited in § 800.1. Appendix No. 4 was published in the D.C. Register on June 21, 1996 at 43 DCR 3305.

800.3

To qualify for an asbestos abatement permit or license, a business entity or person shall:

(a) Comply with the requirements of the Asbestos Licensing and Control Act of 1990, effective May 1, 1990 (D.C. Law 8-116; D.C. Code § 6-991 et seq.), as amended by the Asbestos Licensing and Control Act of 1990 Amendment Act of 1993, effective October 15, 1993 (D.C. Law 10-37; D.C. Code § 6-991 et seq.) and the requirements set forth in these rules; and

(b) Show evidence of having completed a course of instruction on asbestos abatement accredited by EPA under the Asbestos Hazard and Emergency Response Act, or at least as stringent as the requirements of 40 CFR 763, Subpart E, Appendix C (July 1, 1994 Edition); and

(c) Be considered to be qualified for a license by endorsement if the business entity or person is licensed in a state whose requirements are judged by the Administrator to be at least as stringent as those of the District of Columbia.

800.4

The following exemptions apply:

(a) An asbestos abatement permit or license is not required for the removal of nonfriable asbestos containing material; and

(b) An asbestos abatement permit, business entity or asbestos worker licenses and recordkeeping requirements of the Act and its amendments are not required for the removal of, or other activity involving, resilient floor covering materials, including sheet vinyl, resilient tile, and associated adhesives, provided that the business entity persons performing the removal:

(1) follow the resilient floor covering manufacturers' recommended work practices for removal;

(2) are not required to obtain asbestos accreditation under applicable federal asbestos requirements and regulations promulgated by the United States Environmental Protection Agency (EPA); and

(3) for removals involving more than 18 square feet of resilient floor covering material, notify the Mayor in writing at least 10 days prior to the removal of the time, place and entity performing the removal and certify that asbestos accreditation is not required under subparagraph (2) of this paragraph.

(c) The requirements of Section 800 apply to removals and other activity involving resilient floor covering materials only to the extent they are required under applicable federal asbestos requirements, including the Occupational Safety and Health Act (OSHA) asbestos standards and the EPA asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP).

800.5

To apply for or to renew a permit or license, a business entity or person shall submit a completed application and pay the fee listed below, by certified check made payable to the D.C. Treasurer:

(a) License Fee Schedule

TYPE OF LICENSE	FEE
Asbestos Worker	$ 60/2 years
Business Entity	$ 600/2 years

(b) Permit Fee Schedule

AMOUNT OF RACM REMOVED	FEE
261 - 2,600 linear feet or	$ 520
161 - 1,600 square feet
Greater than 2,600 linear feet or	$ 910
Greater than 1,600 square feet

(c) A blanket permit, valid for one year, may be granted to a business entity that has entered into a contract for asbestos abatement at a specific site. The fee will be seven hundred dollars ($ 700).

(d) The license shall expire two (2) years from the date of issuance.

(e) The renewal fee shall be the same as the current license fee.

(f) Fees will be adjusted annually based on the Washington, D.C. All Items Consumer Price Index for All Urban Consumers for March of the preceding fiscal year.

800.6

To provide asbestos worker protection, a business entity or person shall:

(a) In accordance with 29 CFR 1926.58, designate a "Competent Person" who will have the authority to suspend and start up operations when deviations from regulations occur;

(b) Submit to the Administrator a written respiratory protection program as defined in OSHA regulations 29 CFR 1910.134 and 29 CFR 1926.58;

(c) Provide disposable protective clothing, including gloves, hair covers, and respirators approved by the National Institute of Occupational Safety and Health and capable of being qualitatively fit tested using positive and negative methods;

(d) Ensure that each asbestos worker has been examined by a physician within the preceding year and has been declared capable of working while wearing a respirator;

(e) Ensure that each asbestos worker receives an annual safety training review course in accordance with 29 CFR 1926.58(k)(3)(4); and

(f) Ensure that there is no smoking, eating, or drinking in the work area.

800.7

To control emissions from an asbestos abatement subject to the requirements of § 800.1, a business entity or person shall:

(a) Display caution signs, measuring at least twenty (20) inches by fourteen (14) inches, wherever airborne asbestos fibers may be present, in accordance with the provisions of 29 CFR 1926.58(k)(1); and

(b) Except in emergency situations and except as provided in (c) of this subsection, at least three (3) days before engaging in an asbestos abatement, post these signs immediately outside all entrances to and exits from the work site or asbestos abatement to inform the public in the immediate vicinity that asbestos abatement will be done and keep the signs posted until the Administrator receives notice of final air monitoring results as provided in (j) of this subsection.

(c) Utility companies are not required to post signs three (3) days before an asbestos abatement, but shall comply with any federal regulations regarding the posting of signs.

(d) Enclose work areas with airtight six (6) millimeter thick plastic sheeting using water-proof duct tape;

(e) Wet regulated asbestos-containing material to be removed with a solution containing one (1) fluid ounce of surfactant mixed with five (5) gallons of water to minimize dust;

(f) Deposit all asbestos-containing waste materials in plastic bags of at least six (6) millimeters thickness and seal the bags;

(g) Label the bags as asbestos waste in accordance with the provisions of 29 CFR 1926.58(k)(2) and specify the date that the bag was sealed and the license number of the business entity;

(h) Separate asbestos-containing waste materials from other waste and keep in a secure area until removal, within seven (7) days of completion of the asbestos abatement, and disposal, in accordance with the provisions of 40 CFR 61.150;

(i) Clean all surfaces in the work area until no residue is visible and the measured airborne concentration of asbestos fibers longer than five (5) microns is less than one hundredth (0.01) fiber per cubic centimeter using the methods specified in 40 CFR 763, Subpart E, Appendix A (July 1, 1994 Edition);

(j) Within twenty four (24) hours after receiving final written monitoring results of at least two (2) samples per two thousand five hundred (2,500) square feet of floor area, submit to the Administrator the data indicating asbestos concentration in the work area after cleaning and before barriers are removed;

(k) Use negative pressure systems inside enclosures that exhaust air through a high-efficiency particulate air (HEPA) filter at a flow rate that changes the air at least once every fifteen (15) minutes and where practical, are vented to outside air; and

(l) Comply with the provisions of 40 CFR 763 Subpart E, Appendix A (July 1, 1994 Edition) when using the glovebag method.

800.8

The Administrator may, on a case-by-case basis, approve an alternative procedure for control of emissions from an asbestos abatement provided that the business entity submits a written description of the alternative procedure to the Administrator and demonstrates to the satisfaction of the Administrator that compliance with the prescribed procedures is not practical or not feasible, or that the proposed alternative provides equivalent control of asbestos.

800.9

To notify occupants of sites of impending asbestos abatement, a building owner or designated representative shall inform occupants, not less than thirty (30) days prior to commencement of the asbestos abatement, of the health or safety factors that necessitate the asbestos abatement and the procedures that will be taken to protect the health, safety, and possessions of the occupants. The business entity shall inform the building owner or designated representative of this notification requirement. The Administrator may waive this notification requirement in the case of an emergency renovation operation.

D.C. Mun. Regs. r. 20-800

Final Rulemaking published at 36 DCR 2554, 2555 (April 14, 1989); as amended by final rulemaking published at 45 DCR 7037(October 2, 1998); as amended by final rulemaking published at 47 DCR 9692 (December 8, 2000); as amended pursuant to the authority granted by Title XII of the "Fiscal Year 2003 Budget Support Amendment Act of 2002," "Other-Type Funds and Adjustment to Other Fess and Charges" (D.C. Act 14-543), published at 49 DCR 11562 (December 20, 2002)

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 412 of the District of Columbia Self- Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub. L. No. 93-198, D.C. Code § I - 227(a); and § 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, D.C. Code § 6-906 (1995 Repl. Vol.), Mayor's Order 93-12 dated February 16, 1993.