La. Admin. Code tit. 33 § III-5151

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-5151 - Emission Standard for Asbestos

A. Applicability. The provisions of this Subchapter are applicable to those sources specified in Subsections C-O of this Section.

B. Definitions. Terms used in this Section are defined in LAC 33:III.111 of these regulations with the exception of those terms specifically defined in LAC 33:III.5103 or below, as follows.

Accessible-asbestos-containing material that is subject to disturbance by facility occupants, custodial or maintenance personnel in the course of their normal activities. Accessible also refers to asbestos-containing material that is available for examination and sampling purposes prior to a demolition or renovation.

Accredited or Accreditation- when referring to a person, the accreditation of such person by the Department of Environmental Quality under the provisions of LAC 33:III.2799, Appendix A-Agent Accreditation Plan.

Active Waste Disposal Site- any disposal site other than an inactive site.

Adequately Wet-sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing materials, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet. Once contained, water droplets formed inside disposal containers will be sufficient evidence of being adequately wet. Lack of water droplets means it is not adequately wet.

Asbestos-the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, and actinolite-tremolite.

Asbestos-Containing Material (ACM)-any material or product that contains more than 1 percent asbestos as determined by using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy.

Asbestos-Containing Waste Material (ACWM)-mill tailings or any waste that contains commercial or previously commercial asbestos and is generated by a source subject to the provisions of this Subchapter. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos, including ACD, and disposable equipment and clothing.

Asbestos-Contaminated Debris (ACD)-demolition or renovation debris that contains regulated asbestos-containing material as defined in this Subsection.

Asbestos-Contaminated Debris Activity (ACDA)-the handling and/or disposal of asbestos-contaminated debris as RACM.

Asbestos Material- asbestos or any material or product which contains more than 1 percent asbestos.

Asbestos Mill- any facility engaged in converting, or in any intermediate step in converting, asbestos ore into commercial asbestos. Outside storage of asbestos material is not considered a part of the asbestos mill.

Asbestos Tailing- any solid waste product that contains asbestos and is a product of asbestos mining or milling operations.

Asbestos-Containing Waste Material (ACWM)- mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this Subchapter. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos, including disposable equipment and clothing.

Category I Nonfriable (ACM)-asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined by using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure.

Category II Nonfriable (ACM) - any material, excluding category I nonfriable ACM, containing more than 1 percent asbestos as determined by using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

Commercial Asbestos- any material containing asbestos that is extracted from asbestos ore and has value because of its asbestos content.

Cutting- to penetrate with a sharp-edged instrument, including sawing, but not including shearing, slicing, or punching.

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

DEQ Identification Number- the accreditation number supplied by the administrative authority which authorizes a contractor/supervisor to manage an asbestos demolition or renovation project which involves RACM (regulated asbestos-containing material).

Emergency Demolition/Renovation Operation- a demolition or renovation operation that was not planned but results from a sudden unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment.

Encapsulation- the treatment of asbestos material with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers by the encapsulant creating a membrane over the surface (bridging encapsulant) or penetrating the material and binding its components together (penetrating encapsulant).

Enclosure-an airtight, impermeable, barrier placed around ACM during activities that disturb asbestos to prevent the release of asbestos fibers into the ambient air.

Fabricating- any processing (e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating.

Facility-any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, and residential buildings having greater than four dwelling units); any ship; and any active or inactive waste disposal, or ACD site. Residential buildings that have four or fewer dwelling units are exempt from the provisions of this Subchapter, except those residential structures that are intentionally demolished or renovated as part of a commercial or public project, such as urban renewal or highway right-of-way projects and those that are intentionally burned. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this Subchapter is not excluded, regardless of its current use or function.

Facility Component-any part of a facility, including equipment, that is under the control of an owner or operator.

Fiber Release Episode-any uncontrolled or unintentional disturbance of ACM.

Friable Asbestos Material-any material containing more than 1 percent asbestos as determined by using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM, or assume the amount to be greater than 1 percent and treat the material as ACM.

Fugitive Source- any source of emissions not controlled by an air pollution control device.

Glove Bag-a sealed compartment with attached inner gloves used for the handling of ACM. Properly installed and used, glove bags provide a small work area enclosure typically used for small-scale asbestos stripping operations.

a. They are limited to one use on a work area or section of pipe that is shorter than the bag is wide.

b. The bag shall be disposed of after its single use.

c. No person shall loosen a bag once installed, slide the bag along a working surface or section of pipe and use the bag for a second work area or section of pipe.

d. Any deviation from single use of a glove bag requires prior written approval of the administrative authority. Additional information on glove bag installation, equipment and supplies, and work practices can be obtained from the Occupational Safety and Health Administration's (OSHA's) final Rule on occupational exposure to asbestos (29 CFR 1926.1101(g)).

Grinding- to reduce to powder or small fragments, including mechanical chipping or drilling.

High Efficiency Particulate Air (HEPA) Filter- a filtering system certified by the manufacturer as being capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 microns in diameter or larger.

In Poor Condition- the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material.

Inactive Waste Disposal Site- any disposal site or portion of it where additional asbestos-containing waste material has not been deposited within the past year.

Inspection or Inspect-an examination of a facility or facility component to determine the presence or location, or to assess the condition of friable or nonfriable asbestos material, or suspected asbestos material, whether by visual or physical examination, or by collecting samples of such material. This term includes reinspections of assumed asbestos material and friable and nonfriable asbestos material which has been previously identified. The term does not include the following:

a. periodic surveillance of the type described in LAC 33:III.2721.B solely for the purpose of recording or reporting a change in the condition of known or assumed asbestos material;

b. inspections performed by employees or agents of federal, state, or local government solely for the purpose of determining compliance with applicable statutes or regulations; or

c. visual inspections of the type described in LAC 33:III.2717.J solely for the purpose of determining completion of response actions.

Installation-any building or structure or any group of buildings or structures at a single demolition or renovation site that part of a planned project that are under the control of the same owner or operator (or owner or operator under common control).

Leak Tight- solids or liquids cannot escape or spill out. It also means dust-tight.

Major Fiber Release Episode- any uncontrolled or unintentional disturbance of asbestos material which involves the falling or dislodging of more than 3 square or 3 linear feet of friable asbestos material.

Malfunction- any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner so that emissions of asbestos are increased. Failures of equipment shall not be considered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable upset conditions, equipment breakdown, or process failure.

Manufacturing- the combining of commercial asbestos (in the case of woven friction products, the combining of textiles containing commercial asbestos) with any other material(s), including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing.

Natural Barrier- a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes, or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier.

Nonfriable Asbestos-Containing Material-any material containing more than one percent asbestos as determined by the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

Nonscheduled Operation-a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operation experience, but for which an exact date cannot be predicted. Diaphragm cell renewal is considered a nonscheduled operation.

Outside Air- the air outside buildings, structures, or enclosures, including, but not limited to, the air under a bridge, in an open air ferry dock, or air outside demolition or renovation construction activities or enclosures.

Owner or Operator of a Demolition, Renovation, Response Action or ACD Activity (owner/operator)-any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated, or an ACDA or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both, response action, or an ACDA

Particulate Asbestos Material- finely divided particles of asbestos or material containing asbestos.

Planned Operation- a demolition and/or renovation operation, or a number of such operations, in which RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience.

Recognized Asbestos Landfill (RAL)-a waste disposal site recognized by DEQ, Office of Environmental Services after receipt of an asbestos landfill recognition form (AAC-7). An in-state landfill shall comply with Subsection N of this Section and be permitted or authorized to accept ACWM. An out-of-state landfill shall be subject to 40 CFR part 61.154 or another state's applicable regulation that EPA has determined to be at least as stringent as §61. 154

Regulated Asbestos-Containing Material (RACM)-

a. friable asbestos material;

b.category I and II nonfriable ACM that has become friable such as asbestos-cement material that is not removed from a facility prior to demolition;

c.category I and II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, ground, sanded, cut, abraded, or reduced to powder by the forces that have acted or are expected to act on the material in the course of demolition or renovation operations; or

d.resilient floor covering or the asbestos-containing mastic used to attach it to the floor surface that is scraped, sanded, abraded, bead blasted, cut, ground, crumbled, pulverized, or reduced to powder by any means, either hand or mechanical equipment. This definition does not include resilient floor covering removed by using dry ice, heat, wet methods, and chemicals where the tiles or sheeting are removed intact (minor tears or minor breakage is acceptable where, for all intents and purposes, the flooring is considered whole) or asbestos-containing mastic that has been removed by chemical or other means that results in the asbestos fibers in ACWM being bound within a macro substrate and cannot reasonably become airborne unless further forces are applied.

Remove-to take out RACM or facility components that contain or are covered with RACM.

Renovation-altering a facility or one or more facility components in any way, including the washing, stripping, or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions.

Resilient Floor Covering-asbestos-containing floor tiles, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined by using polarized light microscopy according to the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy.

Response Action-a method, including actions during demolition or renovation that provides for removal, encapsulation, enclosure, repair, and operations and maintenance activities, that protects human health and the environment from RACM.

Roadways- surfaces on which vehicles travel. This term includes public and private highways, roads, streets, parking areas, and driveways.

Strip- to take off RACM from any part of a facility or facility components.

Structural Member- any load-supporting member of a facility such as beams and load-supporting walls; or any non-load-supporting member, such as ceilings, roofs and non-load-supporting walls.

Urban Renewal-demolitions or renovations of blighted or condemned properties authorized or conducted by government entities (city, parish, or state) as part of commercial or public projects.

Visible Emissions- any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor.

Waste from Asbestos Control Devices- any waste material that is placed or collected in asbestos control equipment.

Waste Generator- any owner or operator of a source covered by this Subchapter whose act or process produces asbestos-containing waste material.

Waste Shipment Record-the shipping document, asbestos disposal verification form, (ADVF), required to be originated and signed by the waste generator or the owner or operator of a demolition, renovation, response action or ACD activity, used to track and substantiate the disposition of asbestos-containing waste material to an RAL.

Wet Methods-for resilient floor coverings, wetting sufficiently to cause the coverings to break loose or lift from the substrate in whole pieces.

Work Area Controls-work practices and engineering procedures that shall be used when removing RACM, as outlined in OSHA 29 CFR 1926.1101.g.

Working Day- Monday-Friday, including holidays that fall on any of the days Monday-Friday.

C. Standard for Asbestos Mills

1. Each owner or operator of an asbestos mill shall either discharge no visible emissions to the outside air from that asbestos mill, including fugitive sources, or use the methods specified in Subsection O of this Section to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.

2. Each owner or operator of an asbestos mill shall meet the following requirements.

a. Monitor each potential source of asbestos emissions from any part of the mill facility, including air cleaning devices, process equipment, and buildings that house equipment for material processing and handling, at least once each day, during daylight hours, for visible emissions to the outside air during periods of operation. The monitoring shall be by visual observation of at least 15-seconds duration per source of emissions.

b. Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunction, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this Subparagraph, submit to the administrative authority, and revise as necessary, a written maintenance plan to include, at a minimum, the following:

i. maintenance schedule; and

ii. recordkeeping plan.

c. Maintain records of the results of visible emissions monitoring and air cleaning device inspections using a format similar to the Inspection and Monitoring Record Form, AAC-6, and include the following:

i. date and time of each inspection;

ii. presence or absence of visible emissions;

iii. condition of fabric filters, including presence of any tears, holes and abrasions;

iv. presence of dust deposits on clean side of fabric filters;

v. brief description of any corrective actions taken, including date and time; and

vi. daily hours of operation for each air cleaning device.

Inspection and Monitoring Record Form					AAC-6
Date of Inspection (mo/day/yr)	Time of Inspection (a.m./p.m.)	Air Cleaning Device or Fugitive Source Designation or Number	Visible Emissions Observed (yes/no), Corrective Action Taken	Daily Operating Hours	Inspector's Initials
Figure 1. Record of Visible Emission Monitoring Page 1

d. Furnish upon request, and make available at the affected facility during normal business hours for inspection by a representative of the administrative authority, all records required under this Subsection.

e. Retain a copy of all monitoring and inspection records for at least two years.

f. Submit quarterly a copy of visible emission monitoring records to the administrative authority if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the thirtieth day following the end of the calendar quarter.

D. Standard for Roadways. No person shall construct or maintain a roadway with asbestos tailings or asbestos-containing waste material on that roadway, unless, for asbestos tailings:

1. it is a temporary roadway on an area of asbestos ore deposits (asbestos mine); or

2. it is a temporary roadway at an active asbestos mill site and is encapsulated with a resinous or bituminous binder. The encapsulated road surface must be maintained at a minimum frequency of once per year to prevent dust emissions; or

3. it is encapsulated in asphalt concrete meeting the specifications contained in Section 401 of Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-85, 1985, or their equivalent.

E. Standard for Manufacturing and Fabricating

1. There shall be no visible emissions to the outside air from any of the following operations that use commercial asbestos or from any building or structure in which such operations are conducted, or from any other fugitive sources:

a. the manufacture of cloth, cord, wicks, tubing, tape, twine, rope, thread, yarn, roving, lap, or other textile materials;

b. the manufacture and fabrication of cement products;

c. the manufacture of fireproofing and insulating materials;

d. the manufacture and fabrication of friction products, except those operations that primarily install asbestos friction materials on motor vehicles;

e. the manufacture of paper, millboard, and felt;

f. the manufacture of floor tile;

g. the manufacture of paints, coatings, caulks, adhesives, and sealants;

h. the manufacture of plastics and rubber materials;

i. the manufacture of chlorine utilizing asbestos diaphragm technology;

j. the manufacture of shotgun shell wads;

k. the manufacture of asphalt concrete; and

l. the fabrication of cement or silicate board for ventilation hoods, ovens, electrical panels, laboratory furniture, bulkheads, partitions and ceilings for marine construction, and flow control devices for the molten metal industry.

2. Use the methods specified by Subsection O of this Section to clean emissions from these operations containing particulate asbestos material before they escape to, or are vented to, the outside air.

3. Monitor each potential source of asbestos emissions from any part of the manufacturing or fabricating facility, including air cleaning devices, process equipment, and buildings housing material processing and handling equipment, at least once each day during daylight hours for visible emissions to the outside air during periods of operation. The monitoring shall be visual observation of at least 15 seconds duration per source of emissions.

4. Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this Paragraph, submit to the administrative authority, and revise as necessary, a written maintenance plan to include, at a minimum, the following:

a. maintenance schedule; and

b. recordkeeping plan.

5. Maintain records of the results of visible emission monitoring and air cleaning device inspections using the format similar to the Inspection and Monitoring Record Form, AAC-6, and include the following:

a. date and time of each inspection;

b. presence or absence of visible emissions;

c. condition of fabric filters, including presence of any tears, holes and abrasions;

d. presence of dust deposits on clean side of fabric filters;

e. brief description of corrective actions taken, including date and time; and

f. daily hours of operation for each air cleaning device.

6. Furnish upon request, and make available at the affected facility during normal business hours for inspection by the administrative authority, all records required under this Subsection.

7. Retain a copy of all monitoring and inspection records for at least two years.

8. Submit quarterly a copy of the visible emission monitoring records to the administrative authority if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the thirtieth day following the end of the calendar quarter.

F. Emission Standard for Demolition, Renovation, Asbestos-Contaminated Debris Activities, Response Actions and Major Fiber Release Episodes

1. Applicability. To determine which requirements of Paragraphs F.1, 2 and 3 of this Section apply to the owner or operator of a demolition, or renovation, response action or ACD activity and prior to the commencement of the activity, the owner/operator shall either assume that RACM, as defined in Subsection B of this Section, is present or an accredited inspector shall thoroughly inspect the affected facility or part of the facility where the activity will occur for the presence of asbestos, including category I and category II nonfriable ACM. All homogeneous areas that potentially contain asbestos shall either be assumed to be ACM or samples shall be collected and submitted for analysis. The requirements of Paragraphs F.2 and 3 of this Section apply to each owner or operator of a demolition, renovation, response action or ACD activity as defined in Subsection B of this Section, as follows.

a. In a facility being demolished, all the requirements of Subparagraphs F.2.a, b, d, and f, Clauses F.2.c.i and v, and Paragraph F.3 of this Section apply, except when the facility is being demolished under an order by a state or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse as provided in Subparagraph F.1.c of this Section, if the combined the amount of RACM is:

i. at least 60 linear feet on pipes;

ii. at least 64 square feet on other facility components; or

iii. at least 27 cubic feet off facility components where the length or area could not be measured previously.

b. In a facility being demolished, only the notification requirements of Subparagraphs F.2.a and b and Clauses F.2.c.ii and v, d.i-vii, ix, xiv and xvii of this Section apply, if category I or II nonfriable ACM present in the facility will remain in good condition, would not be rendered RACM as a result of the demolition activity (any category I or II nonfriable ACM that may be rendered RACM as a result of the demolition activity, such as asbestos-cement products, must be counted toward the thresholds below), and the combined amount of RACM (including category I or II nonfriable ACM that may be converted to RACM) is:

i. less than 60 linear feet on pipes;

ii. less than 64 square feet on other facility components; or

iii. less than 27 cubic feet off facility components where the length or area could not be measured previously.

c. If the facility is being demolished under an order of a state or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse only the requirements of Subparagraphs F.2.a and b, Clause F.2.c.iii, Subparagraph F.2.d (except Clause F.2.d.viii), Subparagraph F.2.f, and Paragraph F.3 (except Subparagraph F.3.a) of this Section apply.

d. If a facility is demolished or renovated prior to an inspection or notification, then all debris at the site is categorized as asbestos-contaminated debris(ACD), as defined in Subsection B of this Section unless the owner/operator affirmatively demonstrates there is no ACM in the debris. The owner/operator shall follow the procedures and requirements as provided in Subparagraphs F.2.a, b, d, and f and Clauses F.2.c.i and v of this Section, and shall handle and dispose of the debris in accordance with Paragraph F.3 and Subsection J of this Section.

e. In a facility being renovated, including a response action and any individual nonscheduled renovation operation, all the requirements of Paragraphs F.2 and 3 of this Section apply if:

i. the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed is:

(a). at least 60 linear feet on pipes;

(b). at least 64 square feet on other facility components; or

(c). at least 27 cubic feet off facility components where the length or area could not be measured previously.

ii. To determine whether Subclause F.1.e.i.(a), (b), or (c) of this Section applies to planned renovation operations involving individual nonscheduled operations, predict the combined additive amount of RACM to be removed, stripped dislodged, cut, drilled, or similarly disturbed during a calendar year of January 1 through December 31 based on past operating experience.

iii. To determine whether Subclause F.1.e.i.(a), (b), or (c) of this Section applies to emergency renovation operations, including those associated with major fiber release episodes and response actions, estimate the combined amount of RACM to be removed, stripped, dislodged, cut, drilled, or similarly disturbed as a result of the sudden, unexpected event that necessitated the renovation.

iv. If Clause F.1.e.i of this Section is not applicable to the renovation activity, it is exempt from any further requirements of this Section (except to conduct the inspection or assume material is RACM pursuant to Paragraph F.1 of this Section).

f. Owners or operators of demolition, renovation, response actions and ACD operations are exempt from the requirements of LAC 33:III.5105.A, 5109.E, 5111.A and 5113.A.

g. Residential Exemptions

i. The demolition or renovation of any residential building with four or fewer dwelling units is exempt from the requirements of this Subsection as follows.

(a). A demolition or renovation of a residential building with four or fewer dwelling units by any person, for any reason, if the residential building is not an installation or part of an installation, as defined in Subsection B of this Section, and the activity is not part of a planned commercial or public project, and is not intentionally burned. Any structure, installation, or building that was previously subject to this Subchapter is not excluded, regardless of its current use or function.

(i). The demolition or renovation of any residential building with four or fewer dwelling units that is part of a planned commercial or public project, or is considered an installation or part of an installation, as defined in Subsection B of this Section, is subject to the requirements of this Subsection.

(b). For purposes of this Section, the demolition or renovation of a residential building with four or fewer dwelling units that has been declared a safety hazard or public nuisance by local government is not considered a planned public project if it is not part of a larger planned project, i.e., is not included in the development of new commercial, public, or community facilities or roads. In this case, the residential building is not considered an installation and the activity is exempt from the requirements of this Subsection.

h. A person contracted to perform a demolition, renovation, or response action which disturbs RACM or conducts ACDA shall comply with any applicable requirements of the Louisiana State Licensing Board for Contractors to perform asbestos abatement. The supplying of regulated personnel on an hourly, monthly, or other time basis to another company is considered contracting (i.e., abatement workers, supervisors, air monitoring, or project monitoring personnel).

i. If the activities are emergency demolition operations, all the requirements of Subparagraphs F.2.a, b, d, e, and f, and Paragraph F.3 of this Section apply.

j. When greater than 64 square feet of either resilient floor covering, as defined in Subsection B of this Section, is removed by using dry ice, heat, wet methods, and chemicals where the tiles or sheeting are removed intact (minor tears or minor breakage is acceptable where, for all intents and purposes, the flooring is considered whole) or asbestos-containing mastic removed by chemical or other means that results in the asbestos fibers in the ACWM being bound within a macro substrate and cannot reasonably become airborne unless further forces are applied, Subparagraphs F.2.a and b, and Clauses F.2.c.vi, d.i-ix, and xv-xvii of this Section apply.

k. Paragraphs F.2 and 3 of this Section (except Subparagraph F.3.a of this Section) apply to any ACDA.

l. An asbestos renovation or demolition project, or ACDA shall not begin until an asbestos notification of renovation and demolition form AAC-2 is received by the department, except in the case of an emergency.

m. All demolition and renovation activities shall take all precautions to prevent particulates from becoming airborne, i.e., using water to control the dust particles, as required by LAC 33:III.1305.A.

n. Circumvention. No owner or operator of a renovation, demolition, or asbestos-contaminated debris activity (ACDA) shall cause or permit a planned project to be subdivided to circumvent the requirements applicable to a renovation, demolition, installation, or ACDA, i.e., awarding to multiple contractors, or awarding work to the same contractor under multiple scopes of work.

2. Notification Requirements. Each owner or operator of a demolition, renovation, response action or ACD activity to which this Subsection applies shall:

a. provide the Office of Environmental Services with typed notice of intention to demolish, renovate, conduct a response action, or an ACDA by completing and submitting the latest version of notification of demolition and renovation and asbestos-contaminated debris activity form, AAC-2, and fees, if applicable. This form is available from the Office of Environmental Services or through the department's website. Delivery of the notice by U.S. Postal Service, commercial delivery service, hand delivery, or email is acceptable. The use of a prior version of the AAC-2 form is acceptable unless the department has previously provided the owner/operator with notice of or a copy of the current version, or the owner/operator is aware of the latest version.

i. After review of the notification, if the application is incomplete, inaccurate, or the fee is not submitted, a response shall be faxed or emailed to the company indicating the application is incomplete, and processing will be discontinued until all applicable information is completed and submitted to DEQ.

ii. Any unauthorized renovation, demolition, or ACDA project, including those not processed due to incompleteness or inaccurate information on Form AAC-2 is a violation of this Section.

b. Update by highlighting or circling revisions on, a revised Form AAC-2, as necessary, (i.e., when the amount of asbestos affected changes by plus or minus 20 percent) and indicate revised total amount of the entire project in cubic yards, or if there is a change in transporter, contractor, or designated landfill.

c. Postmark or deliver the notice as follows:

i. at least 10 working days before asbestos stripping or removal work or any other activity begins (such as site preparation that would break up, dislodge, or similarly disturb asbestos material), if the activity is a demolition or renovation of a facility where RACM is present as described in Subparagraphs F.1.a and e (except Clauses F.1.e.ii [nonscheduled operations] and iii [emergency operations]) of this Section;

ii. at least five working days before demolition begins, if a facility is being demolished where RACM is below threshold levels as provided in Subparagraph F.1.b of this Section;

iii. as early as possible before, but not later than the following working day, when the facility is being demolished under an order issued by a state or local government agency because the facility is structurally unsound and in danger of imminent collapse, according to Subparagraph F.1.c of this Section, or if the operation is an emergency renovation described in Clause F.1.e.iii of this Section;

iv. at least 10 working days before the end of the calendar year preceding the year for which notice is being given for renovations described in Clause F.1.e.ii of this Section;

v. for activity covered by Subsection F (except Clauses F.1.e.ii and iii), that will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the DEQ as follows:

(a). when activity covered by Subsection F will begin after the date contained in the notice (AAC-2 form):

(i). notify the DEQ regional office responsible for inspecting the project site of the new start date by fax or email as soon as possible before the original start date; and

(b). when the activity covered by Subsection F will begin on a date earlier than the original start date, submit a revised AAC-2 form with the new start date. The revised notice shall meet the requirements of Subparagraph F.2.c; and

(c). in no event shall an operation covered by this Subsection begin on a date other than the date contained in the written notice (AAC-2) of the new start date.

vi. Notify the DEQ regional office by fax or email three days prior to the start of the removal of resilient floor covering, as defined in Subsection B of this Section, by using dry ice, heat, wet methods, and chemicals where the tiles or sheeting are removed intact or asbestos-containing mastic removed by chemical or other means that results in the asbestos fibers in the ACWM being bound within a macro substrate and cannot reasonably become airborne unless forces are applied when required by Subparagraph F.1.j.

d. In the notice include:

i. an indication of whether the notice is the original, additional, emergency, revised (including canceled), or nonscheduled maintenance operation (annual) notification, the number of ADVFs requested, and/or note if the structure is being demolished under an order of a state or local government agency;

ii. name, address, telephone number, and email address of a contact person of both the facility owner and operator and the asbestos removal contractor owner or operator, with the current DEQ identification number assigned by the administrative authority;

iii. type of operation - demolition, renovation, response action, or ACDA;

iv. a description of the facility or affected part of the facility including the size (square feet, linear feet, and number of floors), age, and present and prior use of the facility;

v. the procedure, including analytical methods, employed to detect the presence of RACM and category I and category II nonfriable ACM, or check the "Known or Assumed" box if assumed to be asbestos and no analytical data is provided;

vi. estimate of the approximate amount of RACM to be removed from the facility in terms of length of pipe in linear feet, surface area in square feet on other facility components, or volume in cubic feet if off the facility components. Also, estimate the approximate amount of category I and category II nonfriable ACM in the affected part of the facility that will not be removed before the demolition. In the case of asbestos-contaminated debris pile(s), estimate the approximate total volume of the debris to be disposed. Total volume of all RACM and ACD shall be documented in cubic yards;

vii. location and street address (including building number or name and floor or room number, if appropriate), city, parish, and state, of the facility being demolished, renovated, or for ACDA;

viii. scheduled starting and completion dates of asbestos removal work (or any other activity, such as site preparation that would break up, dislodge, or similarly disturb asbestos material) in a demolition, renovation, or ACDA; planned renovation operations involving individual nonscheduled operations shall include the beginning and ending dates of the annual report period as described in Clause F.1.e.ii of this Section;

ix. scheduled starting and completion dates of demolition, renovation, response action, or ACDA;

x. description of planned demolition, renovation work, response action, or ACDA to be performed and method(s) to be employed, including demolition or renovation techniques to be used and description of affected facility components;

xi. description of work practices and engineering controls to be used to comply with the requirements of this Section, including asbestos removal and waste handling emission control procedures;

xii. name, telephone number, mailing address, and physical location of the RAL where the asbestos-containing waste material will be deposited;

xiii. a signed certification that personnel performing the demolition or renovation activity, response action, or ACDA are trained and accredited as required by Subparagraph F.3.h of this Section when RACM is present;

xiv. for demolitions where RACM is below threshold levels as provided in Subsection F.1.b of this Section, a signed certification stating that RACM is below threshold levels;

xv. for facilities demolished under an order of a state or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, the name, title, and authority of the state or local government representative who has ordered the demolition, the date that the order was issued, and the date on which the demolition was ordered to begin. A copy of the order shall be attached to the notification;

xvi. for emergency renovations, including emergency renovation operations of an estimated amount of RACM to be removed or stripped as a result of a sudden, unexpected event that necessitated the renovation, the date and hour that the emergency occurred, a description of the sudden, unexpected event, and an explanation of how the event caused an unsafe condition, or would cause equipment damage or an unreasonable financial burden;

xvii. description of procedures to be followed in the event that unexpected RACM is found or category II nonfriable ACM becomes RACM;

xviii. name, mailing address, telephone number, and DEQ identification number of the solid waste transporter(s) carrying the waste to the RAL and offsite/temporary storage area; and

xix. current ADVF numbers if they have been issued for the project;

e. for emergencies, provide notification by phone, fax, email, or voice mail to the Office of Environmental Services and DEQ regional office responsible for inspecting the project site as soon as possible, but in no case later than four hours after learning of the incident that required emergency response action, demolition or renovation operations:

i. the emergency notification shall include the following:

(a). the reason for the emergency;

(b). steps taken to minimize hazards to workers and the public; and

(c). estimated quantities of friable and nonfriable ACM to be handled;

ii. within five working days after the emergency notification is made, a typed AAC-2 form together with required fees as specified in Subparagraphs F.2.a and d of this Section shall be submitted to the Office of Environmental Services;

f. use the following procedures in order that the department can trace disposal of ACWM:

i. each properly completed and submitted demolition, renovation, response action, or ACDA notification received by the department that is associated with a project that generates asbestos-containing waste material shall result in issuance of an ADVF with a specific ADVF project number to the owner/operator. The ADVF, or a copy, shall be kept at the facility, except as provided in Subparagraph F.1.l of this Section, and available for inspection by the department during demolition, renovation, response action, and ACDA. Alterations of the ADVF shall invalidate the ADVF;

ii. the owner or operator of a demolition, renovation, response action, or ACDA shall complete and sign their portion of the valid ADVF, including the quantity shipped in cubic yards, the date the project is scheduled to be completed (or has been completed as applicable), printed name, signed and dated certification, and relinquish the valid ADVF to the waste transporter prior to the off-site shipment;

iii. the waste transporter shall transport the asbestos-containing waste material with the ADVF to a RAL and complete name, dates received and delivered, sign the transporter portion, then relinquish the ADVF to the RAL site owner or operator at the time the asbestos waste is delivered for burial;

iv. upon receipt from the transporter, the RAL owner or operator shall verify the ADVF, enter the date received, indicate the quantity received in cubic yards, print and sign the disposal facility portion of the ADVF, and mail the original ADVF to the Office of Environmental Services within 30 working days. A copy of the valid ADVF is to be returned to the waste generator within 30 working days;

v. the ADVF shall expire 90 days from the date of issue. ADVFs for nonscheduled operations shall expire on December 31 of the year for which they are issued;

vi. the ADVF shall be completed in its entirety by the applicable person as indicated in the particular section of the form. Information entered onto the form must be legible;

vii. acceptance of an invalid ADVF by a contractor, waste transporter, or disposal site owner or operator is a violation of this Subchapter; and

viii. all ADVFs that are not used shall be returned by the owner/operator to the Office of Environmental Services within 30 working days after expiration.

3. Procedures for Asbestos Emission Control. Each owner or operator of a demolition, renovation, response action, or ACD activity to whom this Section applies, according to Paragraph F.1 of this Section, shall maintain the ADVF or a copy on-site, except for the provisions in Subparagraph F.1.l of this Section and comply with the following procedures

a. Remove all RACM from a facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal. RACM need not be removed before demolition if:

i. it is category I nonfriable ACM that is not in poor condition and has a low probability that it will become RACM;

ii. it is on a facility component that is encased in concrete or other similarly hard material and is adequately wet whenever exposed during demolition;

iii. it was not accessible for testing and was, therefore, not discovered until after demolition began and, as a result of the demolition, the material cannot be safely removed. If not removed for safety reasons, the exposed RACM and any ACD shall be treated as ACWM and adequately wet at all times until disposed of; and

(a). the RACM and any ACD shall be adequately wet, and contained in leak-tight, clear transparent wrapping; and

(b). the leak-tight, clear transparent wrapping shall be sealed and labeled according to Clause J.1.a.iv of this Section during all loading and unloading operations, transportation, and during storage;

iv. it is category II nonfriable ACM and the probability is low that the materials will become RACM.

b. When a facility component that contains, is covered with, or is coated with RACM is being taken out of the facility as a unit or in sections:

i. adequately wet all RACM exposed during cutting or disjoining operations; and

ii. carefully lower each unit or section to the floor and to ground level, not dropping, throwing, sliding or otherwise damaging them or disturbing the RACM.

c. When RACM is removed during a response action or stripped from a facility component while it remains in place in the facility, adequately wet the RACM prior to and during the response action or the stripping operation. The work area controls as defined in Subsection B of this Section shall be employed to prevent the release of ACM to the outside air, and the controlled work area shall, when feasible, be visible to inspectors outside the work area (i.e., transparent window which is easily accessible).

i. In renovation operations, wetting is not required only if:

(a). the owner or operator has obtained prior written approval from the administrative authority based on a written application that wetting, to comply with Subsection F of this Section, would unavoidably damage equipment or present a safety hazard; and

(b). the owner or operator uses one or more of the following emission control methods as approved by the administrative authority:

(i). a local exhaust ventilation and collection (HEPA filter) system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements of Subsection O of this Section;

(ii). a glove-bag system designed and operated to capture the particulate asbestos material produced by the stripping of the asbestos materials; and

(iii). leak-tight clear transparent wrapping to contain all RACM prior to dismantlement.

ii. In renovation operations where wetting would result in equipment damage or a safety hazard, and the methods allowed in Clause F.3.c.i of this Section cannot be used, another method may be used after obtaining written approval from the administrative authority based upon a determination that it is equivalent to wetting in controlling emissions or to the methods allowed in Clause F.3.c.i of this Section.

iii. A copy of the administrative authority's written approval referenced in Subclause F.3.c.i.(a) and Clause F.3.c.ii of this Section shall be kept at the worksite and made available for inspection.

d. After a facility component covered with, coated with, or containing RACM has been taken out of the facility as a unit or in sections pursuant to Subparagraph F.3.b of this Section, it shall be stripped or contained in leak-tight, clear, transparent wrapping, except as described in Subparagraph F.3.e of this Section. If stripped:

i. adequately wet RACM during stripping; and

ii. use a local exhaust ventilation and containment with a collection (HEPA filter) system designed and operated to capture the particulate asbestos material produced by the stripping. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in Subsection O of this Section.

e. For large facility components such as reactor vessels, large tanks, and steam generators, but not beams (which shall be handled in accordance with Subparagraphs F.3.b, c, and d of this Section), the RACM is not required to be stripped if the following requirements are met:

i. the component is removed, transported, stored, disposed of, or reused without disturbing or damaging the RACM;

ii. the component is encased in a leak-tight, clear, transparent wrapping; and

iii. the leak-tight, clear, transparent wrapping is labeled according to Clause J.1.a.iv of this Section during all loading and unloading operations, transportation, and during storage.

f. For all RACM, including material that has been removed or stripped:

i. adequately wet the material and ensure that it remains wet until collected and contained or treated in preparation for disposal in accordance with Subsection J of this Section;

ii. carefully lower the material to the ground and floor, not dropping, throwing, sliding, or otherwise damaging or disturbing the material;

iii. transport the material to the ground via leak-tight chutes or containers if it has been removed or stripped more than 50 feet above ground level and was not removed as units or in sections;

iv. RACM contained in leak-tight, clear, transparent wrapping that has been removed in accordance with Subclause F.3.c.i.(a) of this Section need not be wetted provided written authorization from the administrative authority is maintained on site during this exception to the wetting requirements.

g. When the temperature at the point of wetting is below 0°C (32°F) and written authorization has been approved by the administrative authority as specified in Subclause F.3.c.i.(a) of this Section.

i. The owner/operator need not comply with Clause F.3.b.i of this Section and the wetting provisions of Subparagraph F.3.c of this Section, provided written authorization from the administrative authority is maintained on-site during this exception to the wetting requirements.

ii. The owner or operator shall remove facility components containing, coated with, or covered with RACM as units or in sections to the maximum extent possible.

iii. During periods when wetting operations are suspended due to freezing temperatures, the owner or operator must record the temperature in the area containing the facility components at the beginning, middle, and end of each work day and keep daily temperature records available for inspection by the administrative authority during normal business hours at the demolition or renovation site. The owner or operator shall retain the temperature records for at least two years.

h. Personnel and Accreditation

i. No demolition or renovation activity that disturbs RACM or ACDA shall be conducted at a facility regulated by this Subsection unless at least one asbestos abatement contractor/supervisor trained in accordance with Subsection P of this Section is physically present.

ii. All asbestos abatement workers who are performing demolition or renovation activity that disturbs RACM or ACDA shall be trained in accordance with Subsection P of this Section and supervised by a trained asbestos contractor/supervisor.

iii. Contractor/supervisors and workers employed by a contractor licensed by the Louisiana State Licensing Board and performing demolition or renovation activity that disturbs RACM or ACDA shall be accredited in accordance with Subsection P of this Section.

iv. Evidence of the required training or accreditation shall be made available for inspection by the administrative authority at the demolition or renovation site. Evidence of required training or accreditation shall include, but not be limited to, the appropriate training certificates, DEQ-issued identification card or accreditation certificates. For contracted abatement personnel, evidence of accreditation shall be made available for inspection by the administrative authority at the demolition, renovation, response action, or ACDA site.

i. For facilities described in Subparagraph F.1.c of this Section, adequately wet the portion of the facility that contains RACM during the wrecking operation.

j. If a facility or residential structure is demolished by intentional burning, including activities related to the training of fire personnel, testing firefighting materials, or equipment, all RACM including category I and category II nonfriable ACM shall be removed in accordance with this Section before burning.

k. There shall be no discharge of asbestos contaminated liquids from the demolition, renovation, response action, or ACDA which are contaminated with asbestos material if it is reasonably anticipated that such asbestos may become airborne.

l. Prior to completion of a renovation, demolition, ACDA, or response action involving RACM, the work area (described area where the renovation, demolition, response action, or ACDA occurs) shall be cleaned by:

i. removing all loose debris in and adjacent to the immediate work area whether or not it is RACM; and

ii. encapsulating all remaining RACM in the immediate work area when feasible with a nonwhite pigmented (opaque) encapsulant which is compatible with the contacted surface.

m. Within 24 hours after the demolition, renovation, response action, or ACDA has ended and the work area has been cleaned in accordance with Subparagraph F.3.l of this Section, notify by fax or email the DEQ regional office responsible for inspecting the project site of the conclusion of the cleanup. Only after the DEQ has been notified of project completion will the abatement activity be complete.

n. After completion of a demolition activity, where no load-supporting structural member of a facility is left, no asbestos-containing floor covering or asbestos-containing mastic shall remain on surfaces where the material has the potential to become RACM.

G. Standard for Spraying. The owner or operator of an operation in which asbestos-containing materials are spray applied shall comply with the following requirements.

1. For spray-on application on buildings, structures, pipes, and conduits, do not use material containing more than one percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy, except as provided in Paragraph G.3 of this Section.

2. For spray-on application of materials that contain more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy, on equipment and machinery, except as provided in Paragraph G.3 of this Section.

a. Notify the Office of Environmental Services at least 20 days before beginning the spraying operation. Include the following information in the notice:

i. name, address and telephone number of owner or operator of a demolition or renovation activity;

ii. location of spraying operation; and

iii. procedures to be followed to meet the requirements of Paragraph G.2 of this Section.

b. Discharge no visible emissions to the outside air from spray-on application of the asbestos-containing material or use methods specified by Subsection O of this Section to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.

3. The spray-on application of materials in which the asbestos fibers are encapsulated with a bituminous or resinous binder during spraying and which are not friable after drying is exempted from the requirements of Paragraph G.1 and Subparagraph G.2.b of this Section.

4. Sources subject to this Chapter are exempt from all requirements of LAC 33:III.Chapter 51.Subchapter A, except that the provisions regarding availability of information, LAC 33:III.5107.C, shall apply.

H. Standard for Insulating Materials. No owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of this Subsection do not apply to spray-applied insulating materials regulated under Subsection G of this Section.

I. Standard for Waste Disposal for Asbestos Mills. Each owner or operator of any source covered under the provisions of Subsection C of this Section shall:

1. deposit all asbestos-containing waste material at a waste disposal site recognized by the department. A completed AAC-7 Form shall have been submitted to the Office of Environmental Services by the disposal facility for prior recognition. Updated information will be required upon request. The latest AAC-7 Form may be obtained from the Office of Environmental Services or through the department's website. The Office of Environmental Services will maintain a current list of recognized asbestos waste disposal sites;

2. discharge no visible emissions to the outside air from the transfer of waste from asbestos control devices to the tailings conveyor, or use the methods specified by Subsection O of this Section to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. Dispose of the waste from asbestos control devices in accordance with Paragraph J.1 or 3 of this Section;

3. discharge no visible emissions to the outside air during the collection, processing, packaging, or on-site transporting of any asbestos-containing waste material, or use one of the disposal methods specified in Subparagraph I.3.a or b of this Section, as follows:

a. use a wetting agent as follows:

i. adequately mix all asbestos-containing waste material with a wetting agent recommended by the manufacturer of the agent to effectively wet dust and tailings, before depositing the material at a waste disposal site. Use the agent as recommended for the particular dust by the manufacturer of the agent;

ii. discharge no visible emissions to the outside air from the wetting operation or use the methods specified by Subsection O of this Section to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air;

iii. wetting may be suspended with written authorization from the administrative authority when the ambient temperature at the waste disposal site is less than 9.5°C (15°F) as determined by an appropriate measurement method with an accuracy of ±1°C (±2°F). During periods when wetting operations are suspended, the temperature shall be recorded at least at hourly intervals, and records must be retained for at least two years in a form suitable for inspection;

b. use an alternative emission control and waste treatment method that has received prior written approval by the administrative authority. To obtain approval for an alternative method, a written application must be submitted to the Office of Environmental Services demonstrating that the following criteria are met:

i. the alternative method will control asbestos emissions equivalent to currently required methods;

ii. the alternative method is suitable for the intended application;

iii. the alternative method will not violate other regulations; and

iv. the alternative method will not result in increased water pollution, land pollution, or occupational hazards;

4. when waste is transported by vehicle to a disposal site:

a. mark vehicles used to transport ACWM during the loading and unloading of waste so that the signs are visible. The markings shall:

i. be displayed in such a manner and location that a person can easily read the legend and;

ii. conform to the requirements for signs specified in 29 CFR 1910.145(d)(4); and

iii. display warning signs and labels with letter sizes and styles of sufficient size and contrast so as to be readily visible and legible as specified in 29 CFR 1926.1101(k)(8)(i-vi);

b. for off-site disposal, provide a copy of the waste shipment record (ADVF) described in Subparagraph I.5.a of this Section, to the disposal site owner or operator at the same time as the ACWM arrives at the disposal site;

5. for all ACWM transported off the facility site:

a. the owner or operator shall maintain a copy of the asbestos waste shipment record, using an ADVF form, which includes the following information:

i. the name, DEQ identification number, and physical address of the waste generator, and project location;

ii. the quantity of the ACWM shipped in cubic yards;

iii. the name and telephone number of the recognized asbestos disposal facility owner or operator;

iv. the name and physical site location of the disposal facility;

v. the date the waste was transported from the project location;

vi. the names, DEQ identification number, and telephone number of the transporter(s); and

vii. a certification that the contents of this consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations;

b. for waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated disposal site, is not received by the waste generator within 35 days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the designated disposal site to determine the status of the waste shipment;

c. report in writing to the Office of Environmental Services if a copy of the waste shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. Include in the report the following information:

i. a copy of the waste shipment record for which a confirmation of delivery was not received; and

ii. a cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts;

d. retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least two years;

6. furnish upon request, and make available for inspection by the administrative authority, all records required under this Section.

J. Standard for Waste Disposal for Manufacturing, Fabricating, Demolition, Renovation, Major Fiber Release Episodes, ACDA, Response Actions, and Spraying Operations. Each owner or operator of any source covered under the provisions of Subsection E, F, or G of this Section shall comply with the following provisions.

1. Discharge no visible emissions to the outside air during collection, processing (including incineration), packaging, or transporting or deposition of any asbestos-containing waste material generated by the source, and use one of the emission control and waste treatment methods specified in Subparagraphs J.1.a-d of this Section. The ACWM shall be maintained as intact as practicable. The ACWM shall not be needlessly fragmented or crushed.

a. Adequately wet and store asbestos-containing waste material as follows:

i. mix waste from asbestos control devices to form a slurry; adequately wet other asbestos-containing waste material;

ii. discharge no visible emissions to the outside air from collection, mixing, wetting, and handling operations, or use the methods specified by Subsection O of this Section to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air;

iii. after wetting, seal all asbestos-containing waste material in leak-tight, clear, transparent containers (i.e., bags) while wet; or, for materials that will not fit into containers without additional breaking, put materials into leak-tight, clear, transparent wrapping, ensuring that the ACWM is securely wrapped and sealed. If utilizing plastic drums to contain ACM, the transparent wrapping requirement is not necessary. If drums are used to store bagged material, the bags must be transparent;

iv. label the containers or wrapped materials specified in this Subsection using warning labels specified by the Occupational Safety and Health Standards of the Department of Labor, Occupational Safety and Health Administration (OSHA) asbestos construction standard, 29 CFR 1926.1101(k)(8)(i)-(vi). The labels shall be printed in letters of sufficient size and contrast so as to be readily visible and legible;

v. for asbestos-containing waste material to be transported off the facility site, label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated; and

vi. store all wrapped and contained asbestos-containing waste material in a labeled, secured area away from the public, where it will not be subject to disturbance or tampering until it can be transported to a recognized asbestos landfill (RAL). Disposal of ACWM shall comply with any other applicable requirements, including but not limited to appropriate hazardous waste (LAC 33:V) and solid waste (LAC 33:Part VII) regulations. In particular:

(a). RACM shall not be disposed in a Louisiana type III (construction and demolition) landfill or processed in a composting facility;

(b). Louisiana landfills accepting ACWM shall be properly permitted or authorized under appropriate regulations and recognized pursuant to this Section to accept the waste;

(c). disposal of ACWM in an out of state landfill shall be in an RAL, as defined in this section and authorized by that state's authority to accept ACWM.

[NOTE: Although landfills are permitted to accept asbestos wastes, a landfill should be contacted prior to transport to the solid waste facility to verify that the ACWM will be accepted and whether the facility has other requirements prior to disposal at that location.]

b. Process asbestos-containing waste material into nonfriable forms as follows:

i. form all asbestos-containing waste material into nonfriable pellets or other shapes; and

ii. discharge no visible emissions to the outside air from collection and processing operations, including incineration, or use the method specified by Subsection O of this Section to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.

c. For facilities demolished where the RACM is not removed prior to demolition according to Clauses F.3.a.i, ii, iii, and iv of this Section or for facilities demolished according to Subparagraph F.1.c or d of this Section, avoid crushing the ACM and adequately wet asbestos-containing waste material at all times prior to, during, and after demolition and keep wet during handling, storage, and loading for transport to a disposal site. The ACWM shall be maintained as intact as practicable. The ACWM shall not be needlessly fragmented or crushed. Asbestos-containing waste materials covered by this Subparagraph shall be sealed in leak-tight containers or leak-tight, clear transparent wrapping then transported and disposed of at a solid waste Type I or Type II or hazardous waste landfill authorized to accept RACM.

d. Use an alternative emission control and waste treatment method that has received prior written approval by the administrative authority according to the procedure described in Subparagraph I.3.b of this Section.

e. As applied to demolition and renovation, the requirements of Paragraph J.1 of this Section do not apply to Category I and Category II nonfriable ACM waste that did not become RACM prior to or during the course of removal, storage, transportation, and disposal.

2. All asbestos-containing waste material shall be deposited as soon as is practical by the waste generator at:

a. a waste disposal site operated in accordance with the provisions of Subsection N of this Section; or

b. an approved site that converts RACM and ACWM into nonasbestos (asbestos-free) material according to the provisions of Subsection L of this Section;

c. the requirements of Paragraph J.2 of this Section do not apply to Category I nonfriable ACM that is not RACM.

3. Mark vehicles used to transport ACWM during the storage, loading, and unloading of waste so that the signs are visible. The markings shall conform to the requirements in Clauses I.4.a.i, ii, and iii of this Section.

4. For all ACWM transported off the facility site:

a. the owner, operator, and transporter shall maintain waste shipment records, using an ADVF Form, and include the following information:

i. the name of the waste generator, DEQ identification number, physical address, and telephone number of the waste generator and project location;

ii. the name and address of the administrative authority responsible for administering the asbestos Louisiana Emission Standards for Hazardous Air Pollutants (LESHAP) program;

iii. the approximate quantity of ACWM in cubic meters (cubic yards);

iv. the name and telephone number of the disposal site owner or operator;

v. the name and physical site location of the disposal site;

vi. the date transported;

vii. the name, address, and telephone number of the transporter(s) and;

viii. a certification that the contents of this consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations;

b. provide a copy of the waste shipment record, described in Subparagraph J.4.a of this Section, to the disposal site owners or operators at the same time as the asbestos-containing waste material is delivered to the disposal site;

c. for waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated disposal site, is not received by the waste generator within 35 days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the designated disposal site to determine the status of the waste shipment;

d. report in writing to the Office of Environmental Services if a copy of the waste shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. Include in the report the following information:

i. a copy of the waste shipment record for which a confirmation of delivery was not received; and

ii. a cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts;

e. retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least two years.

5. Furnish upon request, and make available for inspection by the administrative authority, all records required under this Section.

K. Standard for Inactive Waste Disposal Sites for Asbestos Mills and Manufacturing and Fabricating Operations. Each owner or operator of any inactive waste disposal site that was operated by sources covered under Subsection C or E of this Section and received deposits of asbestos-containing waste material generated by the sources, shall:

1. comply with the following:

a. discharge no visible emissions to the outside air from an inactive waste disposal site subject to Subsection C, E, or K of this Section;

b. cover the asbestos-containing waste material with at least 60 centimeters (24 inches) of compacted non-asbestos-containing material, and grow and maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material; or

c. for inactive waste disposal sites for asbestos tailings, a resinous or petroleum-based dust suppression agent that effectively binds dust to control surface air emissions may be used instead of the methods in Subparagraphs K.1.a and b of this Section. Use the agent in the manner and frequency recommended for the particular asbestos tailings by the manufacturer of the dust suppression agent to achieve and maintain dust control. Obtain prior written approval of the administrative authority to use this or other equally effective dust suppression agents. For purposes of Subsection K of this Section, any used, spent, or other waste oil is not considered a dust suppression agent;

2. unless a natural barrier adequately deters access by the general public, install and maintain warning signs and fencing as follows, or comply with Subparagraph K.1.b. of this Section:

a. display warning signs at all entrances and along the property line of the site or along the perimeter of the sections of the site where ACWM was deposited, at intervals of 165 feet or less. The warning sign shall:

i. be displayed in such a manner and location that a person can easily read the legend;

ii. conform to the requirements for signs specified in 29 CFR 1910.145(d); and

iii. display warning signs and labels using the appropriate legend with letter sizes and styles of sufficient size and contrast so as to be readily visible and legible as specified in 29 CFR 1926.1101(k)(7);

b. the perimeter of the site shall be fenced in a manner adequate to prevent access by the general public;

c. when requesting a determination on whether a natural barrier adequately deters public access, supply information enabling the Office of Environmental Services to determine whether a fence or a natural barrier adequately deters access by the general public;

3. the owner or operator may use an alternate control method that has received prior approval by the administrative authority rather than comply with the requirements of Paragraph K.1 or 2 of this Section;

4. notify the Office of Environmental Services in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site under this Section, and follow the procedures specified in the notification. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Office of Environmental Services at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice:

a. scheduled starting and completion dates;

b. reason for disturbing the waste;

c. procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the administrative authority may require changes in the emission control procedures to be used; and

d. location of any temporary storage site and the final disposal site;

5. within 60 days of a site becoming inactive and after the effective date of this Section, record, in accordance with state law, a notation on the deed to the facility property and on any other instrument that would normally be examined during a title search; this notation will in perpetuity notify any potential purchaser of the property that:

a. the land has been used for the disposal of asbestos-containing waste material;

b. the survey plot and record of the location and quantity of asbestos-containing waste material disposed of within the disposal site required in Paragraph N.6 of this Section have been filed with the administrative authority; and

c. the site is subject to LAC 33:III.Chapter 51, Subchapter M.

L. Standard for Operations that Convert RACM or Asbestos-Containing Waste Material into Nonasbestos (Asbestos-free) Material. Each owner or operator of an operation that converts RACM or asbestos-containing waste material into nonasbestos (asbestos-free) material shall:

1. obtain the prior written approval of the EPA Administrator to construct the facility. To obtain approval, the owner or operator shall provide the EPA Administrator with the following information:

a. application to construct pursuant to LAC 33:III.5111;

b. in addition to the requirements of LAC 33:III.5111:

i. description of waste feed handling and temporary storage;

ii. description of process operating conditions;

iii. description of handling and temporary storage of the end product; and

iv. description of the protocol to be followed when analyzing output materials by transmission electron microscopy;

c. performance test protocol, including provisions for obtaining information required under Paragraph L.2 of this Section;

d. the EPA Administrator may require that a demonstration of the process be performed prior to approval of the application to construct;

2. conduct a start-up performance test. Test results shall include:

a. a detailed description of the types and quantities of nonasbestos material, RACM, and asbestos-containing waste material processed, i.e., asbestos cement products, friable asbestos insulation, plaster, wood, plastic, wire, etc. Test feed is to include the full range of materials that will be encountered in actual operation of the process;

b. results of analyses, using polarized light microscopy, that document the asbestos content of the wastes processed;

c. results of analyses, using transmission electron microscopy, that document that the output materials are free of asbestos. Samples for analysis are to be collected as eight-hour composite samples [one 200-gram (7-ounce) sample per hour], beginning with the initial introduction of RACM or asbestos-containing waste material and continuing until the end of the performance test;

d. a description of operating parameters, such as temperature and residence time, defining the full range over which the process is expected to operate to produce nonasbestos (asbestos-free) materials. Specify the limits for each operating parameter within which the process will produce nonasbestos (asbestos-free) materials; and

e. the length of the test;

3. during the initial 90 days of operation:

a. continuously monitor and log the operating parameters identified during start-up performance tests that are intended to ensure the production of nonasbestos (asbestos-free) output material;

b. monitor input materials to ensure that they are consistent with the test feed materials described during start-up performance tests in Subparagraph L.2.a of this Section;

c. collect and analyze samples, taken as 10-day composite samples [one 200-gram (7-ounce) sample collected every eight hours of operation] of all output material for the presence of asbestos. Composite samples may be for fewer than 10 days. Transmission electron microscopy (TEM) shall be used to analyze the output materials for the presence of asbestos. During the initial 90-day period, all output materials must be stored on-site until analysis shows the material to be asbestos-free or disposed of as asbestos-containing waste material according to Subsection J of this Section;

4. after the initial 90 days of operation:

a. continuously monitor and record the operating parameters identified during start-up performance testing and any subsequent performance testing. Any output produced during a period of deviation from the range of operating conditions established to ensure the production of nonasbestos (asbestos-free) output materials shall be:

i. disposed of as asbestos-containing waste material according to Subsection J of this Section; or

ii. recycled as waste feed during process operation within the established range of operating conditions; or

iii. stored temporarily on-site in a leak-tight container until analyzed for asbestos content. Any product material that is not asbestos-free shall be either disposed of as asbestos-containing waste material or recycled as waste feed to the process;

b. collect and analyze monthly composite samples [one 200-gram (7-ounce) sample collected every eight hours of operation] of the output material. Transmission electron microscopy shall be used to analyze the output material for the presence of asbestos;

5. discharge no visible emissions to the outside air from any part of the operation, or use the methods specified by Subchapter O of this Section to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air;

6. maintain records on-site or at another location approved by the administrative authority and include the following information:

a. results of start-up performance testing and all subsequent performance testing, including operating parameters, feed characteristics, and analyses of output materials;

b. results of the composite analyses required during the initial 90 days of operation under Paragraph L.3 of this Section;

c. results of the monthly composite analyses required under Paragraph L.4 of this Section;

d. results of continuous monitoring and logs of process operating parameters required under Paragraphs L.3 and 4 of this Section;

e. the information on waste shipments received as required in Subsection N of this Section;

f. for output materials where no analyses were performed to determine the presence of asbestos, record the name and location of the purchaser or disposal site to which the output materials were sold or deposited, and the date of sale or disposal; and

g. retain records required by Paragraph L.6 of this Section for at least two years;

7. submit the following reports to the Office of Environmental Services:

a. a report for each analysis of product composite samples performed during the initial 90 days of operation; and

b. a quarterly report, including the following information concerning activities during each consecutive three-month period:

i. results of analyses of monthly product composite samples;

ii. a description of any deviation from the operating parameters established during performance testing, the duration of the deviation, and steps taken to correct the deviation;

iii. disposition of any product produced during a period of deviation, including whether it was recycled, disposed of as asbestos-containing waste material, or stored temporarily on-site until analyzed for asbestos content; and

iv. the information on waste disposal activities as required in Subchapter N of this Section;

8. nonasbestos (asbestos-free) output material is not subject to any of the provisions of this Subsection. Output materials in which asbestos is detected, or output materials produced when the operating parameters deviated from those established during the start-up performance testing, unless shown by transmission electron microscopy (TEM) analysis to be asbestos-free, shall be considered to be asbestos-containing waste and shall be handled and disposed of according to Subsections J and N of this Section or reprocessed while all of the established operating parameters are being met.

M. Reporting and Recordkeeping. Any new source to which this Subchapter applies (with the exception of sources subject to Subsections D, F, G, and H of this Section), which has an initial start-up date preceding the effective date of this Subchapter, shall provide the following information to the administrative authority, postmarked or delivered, within 90 days of the effective date. In the case of a new source that does not have an initial start-up date preceding the effective date, the information shall be provided to the administrative authority, postmarked or delivered, within 90 days of the initial start-up date. Any owner or operator of an existing source shall provide the following information to the administrative authority within 90 days of the effective date of this Subchapter, unless the owner or operator of the existing source has previously provided this information to the administrative authority. Any changes in the information provided by any existing source shall be provided to the administrative authority, postmarked or delivered, within 30 days after the change. The owner or operator of any existing source to which this Section is applicable shall, within 90 days after the effective date, provide the following information to the Office of Environmental Services:

1. a description of the emission control equipment used for each process; and

2. if a fabric filter device is used to control emissions:

a. the airflow permeability in m³/min/m² (ft³/min/ft²) if the fabric filter device uses a woven fabric; and if the fabric is synthetic, whether the fill yarn is spun or not spun; and

b. if the fabric filter device uses a felted fabric, the density in g/m² (oz/yd²) the minimum thickness in millimeters (inches), and the airflow permeability in m³/min/m² (ft³/min/ft²);

3. if a HEPA filter is used to control emissions, the filter efficiency shall be certified by the manufacturer to be capable of trapping and retaining 99.97 percent of all particles larger than 0.3 microns;

4. for sources subject to Subsections I and J of this Section:

a. a brief description of each process that generates asbestos-containing waste material;

b. the average volume of asbestos-containing waste material disposed of, measured in yd³/day;

c. the emission control methods used in all stages of waste disposal; and

d. the type of disposal site or incineration site used for ultimate disposal, the name of the site operator, and the name and location of the disposal site;

5. for sources subject to Subsections K and N of this Section:

a. a brief description of the site; and

b. the method or methods used to comply with the standard, or alternative procedures to be used;

6. the information required by Subsection M of this Section shall accompany the information required by LAC 33:III.5107.A and B. Active waste disposal sites subject to Subsection N of this Section shall also comply with Subsection M of this Section using the AAC-7 Form. Roadways, demolition and renovation, spraying, and insulating materials are exempted from the requirements of LAC 33:III.5107.A and B.

N. Standard for Active Waste Disposal Sites. Each owner or operator of an active waste disposal site that receives asbestos-containing waste material from a source covered under Subsections I, J and L of this Section shall meet the requirements of this Subsection.

1. There shall be no visible emissions to the outside air from any active waste disposal site where asbestos-containing waste material has been deposited.

2. Unless a natural barrier adequately deters access by the general public, warning signs and fencing shall be installed and maintained as follows.

a. Warning signs shall be displayed at all entrances, and along the property line of the site or along the perimeter of the sections of the site where ACWM is deposited, at intervals of 165 ft or less. The warning signs shall:

i. be posted in such a manner and location that a person may easily read the legend;

ii. conform to the requirements for signs specified in 29 CFR 1910.145(d); and

iii. display warning signs and labels using the appropriate legend with letter sizes and styles of sufficient size and contrast so as to be readily visible and legible as specified in 29 CFR 1926.1101(k)(7).

b. The perimeter of the disposal site shall be fenced in a manner adequate to deter access by the general public.

c. The administrative authority will, upon request and supply of appropriate information, determine whether a fence or natural barrier adequately deters access by the general public.

3. At the end of each operating day, or at least once every 24-hour period while the site is in continuous operation, the asbestos-containing waste material that has been deposited at the site during the operating day or previous 24-hour period shall:

a. be covered with at least 6 inches of compacted nonasbestos-containing waste material; or

b. be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion, if previously approved by the Department of Environmental Quality. Such an agent shall be used in the manner and frequency recommended for the particular dust by the dust suppression agent manufacturer to achieve and maintain dust control. Other equally effective dust suppression agents may be used upon prior written approval by the administrative authority. For purposes of this Subsection, any used, spent, or other waste oil is not considered a dust suppression agent.

4. Rather than meet the no visible emission requirement of Paragraph N.1 of this Section, use an alternative emissions control method that has received prior written approval by the administrative authority according to the procedures of Subparagraph I.3.b of this Section.

5. For all ACWM received, the owner or operator of the active waste disposal site shall:

a. maintain waste shipment records using the ADVF form and including the following information:

i. the name, address, and telephone number of the waste generator;

ii. the name, DEQ identification number, address, and telephone number of the transporter(s);

iii. the quantity of ACWM in cubic yards and date received;

iv. the presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers. Report in writing to the administrative authority identified in the ADVF, by the following working day, the presence of a significant amount of improperly enclosed or uncovered waste. Submit a copy of the ADVF along with the report; and

v. the date buried;

b. as soon as possible and no longer than 30 days after receipt of the waste, send a copy of the signed ADVF to the waste generator and to the Office of Environmental Services;

c. upon discovering a discrepancy between the quantity of waste designated on the ADVF and the quantity actually received, attempt to reconcile the discrepancy with the waste generator. If the discrepancy is not resolved within 15 days after receiving the waste, immediately report in writing to the Office of Environmental Services. Describe the discrepancy and attempts to reconcile it, and submit a copy of the ADVF with the report;

d. retain a copy of all records and reports required by Subsection N of this Section for at least two years.

6. Maintain, until closure, records of the location, depth and area, and quantity in cubic yards of ACWM within the disposal site on a map or diagram of the disposal area.

7. Upon closure, comply with all the provisions of Subsection K of this Section.

8. Submit to the Office of Environmental Services, upon closure of the facility, a copy of records of asbestos waste disposal locations and quantities.

9. Furnish upon request, and make available during normal business hours for inspection by the administrative authority, all records required under this Subsection.

10. Notify the Office of Environmental Services, in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site and is covered. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date shall be provided to the administrative authority at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice:

a. scheduled starting and completion dates;

b. reason for disturbing the waste;

c. procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the administrative authority may require changes in the emission control procedures to be used; and

d. location of any temporary storage site and the final disposal site.

O. Air-Cleaning. If air-cleaning is elected, as permitted by Paragraphs C.1 and E.2, Division F.3.c.i.(b).(i), Subparagraph F.3.d, Clause F.3.d.ii, Subparagraph G.2.b, Paragraph I.2 and Clause I.3.a.ii, Clauses J.1.a.ii and b.ii, and Paragraph L.5 of this Section, the requirements of this Subsection shall be met.

1. Use fabric filter collection devices, except as noted in Subparagraphs O.4.a and c of this Section, by doing all of the following:

a. operating the fabric filter collection devices at a pressure drop of no more than 0.995 kilopascal (4 inches of water gage), as measured across the filter fabric;

b. ensuring that the airflow permeability, as determined by ASTM Method D737-75, does not exceed 9 m³/min/m² (30 ft³/min/ft²) for woven fabrics or 11³/min/m² (35 ft³/min/ft²) for felted fabrics, except that 12 m³/min/m² (40 ft³/min/ft²) for woven and 14 m³/min/m² (45 ft³/min/m²) for felted fabrics is allowed for filtering air from asbestos ore dryers;

c. ensuring that felted fabric weighs at least 475 grams per square meter (14 ounces per square yard) and is at least 1.6 millimeters (1/16 inch) thick throughout; and

d. avoiding the use of synthetic fabrics that contain fill yard other than that which is spun.

2. Properly install, use, operate, and maintain all air-cleaning equipment authorized by this Section. 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.

3. For fabric filter collection devices installed after January 10, 1989, provide for easy inspection for faulty bags.

4. The following are exceptions to Paragraph O.1 of this Section.

a. After January 10, 1989, if the use of fabric creates a fire or explosion hazard, or the administrative authority determines that a fabric filter is not feasible, the administrative authority may authorize as a substitute the use of wet collectors designed to operate with a unit contacting energy of at least 9.95 kilopascals (40 inches water gauge pressure).

b. Use a HEPA filter that is certified to be at least 99.97 percent efficient for particles larger than 0.3 microns.

c. The administrative authority may authorize the use of filtering equipment other than that described in Paragraphs O.1 and 4 of this Section if the owner or operator demonstrates to the administrative authority's satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material.

P. Training and Accreditation Requirements

1. Asbestos Discipline

a. Worker. A person required by this Section to be trained as a worker shall comply with Subsections B, C, and D of LAC 33:III.2799, Appendix A-Agent Accreditation Plan, in order to perform response actions, operations and maintenance, demolition or renovation activities that disturb RACM, and ACDA in a facility as required by this Section.

b. Contractor/Supervisor. A person required by this section to be trained as a contractor/supervisor shall comply with Subsections B, C, and D of LAC 33:III.2799, Appendix A-Agent Accreditation Plan, in order to supervise response actions, operations and maintenance, and demolition or renovation activities that disturb RACM, and ACDA in a facility as required by this Section.

c. Inspector. A person shall be accredited as an inspector in accordance with LAC 33:III.2799, Appendix A-Agent Accreditation Plan in order to inspect for asbestos materials in facilities regulated by this Section.

d. Air Monitor Personnel. A person shall be accredited as an asbestos contractor/supervisor in accordance with LAC 33:III.2799, Appendix A-Agent Accreditation Plan to conduct air monitoring for an asbestos abatement project or related activity in facilities regulated by this Section.

2. Contracted Personnel. When RACM is disturbed in any manner, including removal, encapsulation, enclosure, maintenance, or repairs by contracted personnel, those persons shall be accredited by DEQ in accordance with LAC 33:III.2799, Appendix A-Agent Accreditation Plan in one of the applicable disciplines: worker, contractor/supervisor, inspector, and air monitor.

La. Admin. Code tit. 33, § III-5151

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:1204 (December 1991), repealed and repromulgated LR 18:1121 (October 1992), amended LR 20:1277 (November 1994), LR 24:27 (January 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2462 (November 2000), LR 30:1673 (August 2004), amended by the Office of Environmental Assessment, LR 30:2022 (September 2004), LR 31:1570 (July 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2449 (October 2005), LR 33:2095 (October 2007), LR 34:1893 (September 2008), amended by the Office of the Secretary, Legal Division, LR 38:2745 (November 2012), LR 40:519(March 2014), Amended by the Office of the Secretary, Legal Affairs Division, LR 50976 (7/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.