326 Ind. Admin. Code 14-10-3

Current through January 8, 2025

Section 326 IAC 14-10-3 - Notification requirements

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11

Affected: IC 13-15; IC 13-17

Sec. 3.

(a) Each owner or operator of a demolition or renovation activity to whom this section applies shall provide notification to the department in accordance with this section. A notification is required even if no asbestos is present.

(b) The owner or operator shall provide the department with written notification of the intention to demolish or renovate a facility or facility component on a form provided by the department and submit a revised notification as necessary, including for the following:

(1) When the amount of affected RACM increases or decreases by at least twenty percent (20%).

(2) If there is a change in the following:

(A) Asbestos removal or demolition start date.

(B) Removal or demolition contractor.

(C) Waste disposal site.

(c) The owner or operator shall postmark or deliver the notification via the United States Postal Service, commercial delivery service, electronic submission, facsimile, or hand delivery according to the appropriate deadline as follows:

(1) For a demolition operation described in section 1(b) of this rule, one (1) of the following:

(A) At least ten (10) working days before asbestos stripping or removal work or any other activity, such as site preparation, begins that would break up, dislodge, or similarly disturb asbestos material if the facility contains a combined amount of RACM on or off facility components of at least:

(i) three (3) square feet;

(ii) three (3) linear feet; or

(iii) seventy-five hundredths (0.75) cubic foot.

(B) At least ten (10) working days before demolition begins if:

(i) the facility contains a combined amount of RACM on or off facility components of less than the limits listed in clause (A)(i) through (A)(iii); or

(ii) there is no asbestos in the facility.

(2) For an ordered demolition described in section 1(c) of this rule, as early as possible before demolition begins.

(3) For a renovation operation described in section 1(d) of this rule, at least ten (10) working days before asbestos stripping or removal work or any other activity, such as site preparation, begins that would break up, dislodge, or similarly disturb asbestos material.

(4) For an emergency renovation operation described in section 1(e) of this rule, as early as possible before asbestos stripping or removal work begins, but not later than the following working day.

(5) For a planned renovation operation described in section 1(f) of this rule, at least ten (10) working days before the end of the calendar year preceding the year for which notification is being given.

(d) The owner or operator shall include the following information in the notification:

(1) An indication of whether the notification is the original, a revised, or canceled copy, if applicable.

(2) For a revised notification, a copy of the original notification or the previous revised notification.

(3) The name, address, telephone number, and electronic mail address of:

(A) both the facility owner and operator;

(B) the asbestos abatement contractor owner or operator; and

(C) the removal or demolition contractor owner or operator.

(4) The type of operation, such as:

(A) demolition;

(B) demolition by intentional burning;

(C) ordered demolition;

(D) renovation;

(E) emergency renovation operation; or

(F) planned nonscheduled renovation operation as described in section 1(f) of this rule.

(5) A description of the facility or affected part of the facility, including the:

(A) size in square feet;

(B) number of floors;

(C) age; and

(D) present and prior use of the facility.

(6) The procedure employed to detect the presence and amount of RACM and Category I and Category II nonfriable ACM, including analytical methods.

(7) An estimate of:

(A) the approximate amount of RACM to be removed in the facility in terms of:

(i) linear feet on or off pipes;

(ii) square feet on or off other facility components;

(iii) total cubic feet on or off all facility components; and

(iv) total amount on or off all facility components where the length or area could not be measured previously; and

(B) the approximate amount of Category I and Category II nonfriable ACM in the affected part of the facility that will not be removed before demolition.

(8) The location of the facility being demolished or renovated including:

(A) street address, including building number or name and floor or room number, if appropriate;

(B) city;

(C) county;

(D) state; and

(E) zip code.

(9) The scheduled starting and completion dates of an asbestos removal project, that would break up, dislodge, or similarly disturb RACM in a demolition or renovation operation, as follows:

(A) Planned renovation operations involving only individual, nonscheduled renovation operations must include the beginning and ending dates of the report period as described in section 1(f) of this rule.

(B) For renovation operations, scheduled starting and completion dates of the renovation operation.

(C) For demolition operations, scheduled starting and completion dates of the actual facility demolition.

(10) A description of the planned demolition or renovation work to be performed and methods to be employed, including demolition or renovation techniques to be used and a description of the affected facility components.

(11) A description of the work practices and engineering controls to be used to comply with this rule, including RACM removal and waste handling emission control procedures.

(12) A description of the procedures to be followed in the event that unexpected RACM is found or Category I or Category II nonfriable ACM becomes crumbled, pulverized, or reduced to powder.

(13) The name and location of the active waste disposal site where the asbestos-containing waste material will be deposited.

(14) A signed certification from the owner or operator that:

(A) at least one (1) person trained as required by 40 CFR 61.145(c)(8) * will supervise the stripping and removal described by the notification;

(B) the information provided in the notification is correct; and

(C) only Indiana-licensed workers and project supervisors will be used to implement the asbestos removal project.

(15) For an ordered demolition, the notification must include:

(A) the name, title, and authority of the state or local governmental representative who has ordered the demolition;

(B) the date that the order was issued;

(C) the date on which the demolition was ordered to begin; and

(D) a copy of the order.

(16) For demolition and renovation operations, the name, address, telephone number, electronic mail address, and asbestos license number issued under 326 IAC 18 of the person who:

(A) inspected the facility for RACM;

(B) designed the asbestos removal project if RACM is present, if applicable; and

(C) will implement the asbestos removal project if RACM is present.

(17) For an emergency renovation operation:

(A) the date and hour that the emergency occurred;

(B) a description of the sudden, unexpected event; and

(C) an explanation of how the event caused an unsafe condition or would cause equipment damage.

(18) The name, address, electronic mail address, and telephone number of the waste transporter.

(e) When the stripping or removal of RACM in demolition or renovation operations described in section 1(b) or 1(d) of this rule will begin on a date:

(1) after the date specified in the original or the most recent revised notification, the owner or operator shall provide written notification of the new stripping or removal start date to the department:

(A) postmarked at least five (5) working days; or

(B) delivered at least two (2) working days;

before the start date of asbestos stripping or removal specified in the notification that is being revised; or

(2) earlier than the date specified in the original or the most recent revised notification, the owner or operator shall provide written notification of the new stripping or removal start date to the department postmarked or delivered at least ten (10) working days before the new start date of asbestos stripping or removal work begins.

(f) When the demolition described in section 1(b) of this rule, including the demolition of facilities with no asbestos, will begin on a date:

(1) after the date specified in the original or the most recent revised notification, the owner or operator shall provide written notification of the new demolition start date to the department:

(A) postmarked at least five (5) working days; or

(B) delivered at least two (2) working days;

before the start date of demolition specified in the notification that is being revised; or

(2) earlier than the date specified in the original or the most recent revised notification, the owner or operator shall provide written notification of the new demolition start date to the department postmarked or delivered at least ten (10) working days before the new start date of demolition.

(g) RACM removal work or any other activity, including site preparation, that would break up, dislodge, or similarly disturb asbestos material, or demolition activities must not begin on a date other than the date contained in the most recent written notification.

*This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

326 IAC 14-10-3

Air Pollution Control Board; 326 IAC 14-10-3; filed Dec 5, 1990, 3:40 p.m.: 14 IR 610; filed Mar 28, 1995, 2:00 p.m.: 18 IR 2016; errata filed Apr 12, 1995, 3:30 p.m.: 18 IR 2261; filed May 12, 1998, 9:15 a.m.: 21 IR 3743; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1571; filed Aug 26, 2004, 11:30 a.m.: 28 IR 91

Filed 5/9/2019, 2:28 p.m.: 20190605-IR-326090363FRA

Readopted filed 10/18/2024, 2:09 p.m.: 20241113-IR-326230809RFA