06- 096 C.M.R. ch. 425, § 6

Current through 2024-44, October 30, 2024

Section 096-425-6 - Pre-Abatement Requirements

A. Renovation and Demolition Inspections. Prior to conducting a renovation or demolition activity that impacts any building material likely to contain asbestos (such as those used in roofing, flooring, siding, ceiling, and wall systems) or any component likely to contain asbestos (such as heating, ventilation, air conditioning, and plumbing systems), the owner or operator must have an inspection conducted for the presence of asbestos-containing materials. In lieu of inspection, the owner or operator may presume that building materials and components contain asbestos that requires that these materials be abated in accordance with these rules.

A DEP-certified Asbestos Inspector must perform the inspection. The inspection must identify all asbestos-containing materials that could be impacted during the renovation or demolition activity, must be completed prior to submission of notification to the Department, must be in writing, and must be on-site and made immediately available to the Department upon request.

Residential dwellings constructed before 1981 that consist of two (2) to four (4) units must be evaluated for building materials and components that are likely to contain asbestos. This evaluation may be performed by a DEP-certified Asbestos Inspector or by a person familiar with asbestos-containing building materials. If building materials and/or components likely to contain asbestos are found, these must be removed in accordance with these regulations prior to demolition except as allowed in section 7(B) of this rule or must be tested by a DEP-certified Asbestos Inspector to demonstrate that they are not ACM.

Single family residences, and residences constructed after 1980 that consist of two (2) to four (4) units, are exempt from the inspection provisions of this section.

Specific building materials that do not require inspection, sampling, and analysis for asbestos include: wood, fiberglass, glass, plastic, metal, laminates, foam, rubber and gypsum board when joint compound was used only as a filler and not as a layered component, and intact caulkings and glazings. Also, building materials do not need to be inspected when written documents exist confirming that no asbestos was used in the materials that will be impacted, or that the materials were previously inspected by a DEP-certified Asbestos Inspector and affirmatively determined through sampling and analysis to not be ACM.

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Note: To maintain compliance with Maine law, if more than 3 square feet or 3 linear feet of ACM is present, this ACM must be removed prior to the demolition, except that intact packing, gaskets, roofing, and flooring may be left in place when the demolition is performed by large equipment in accordance with these rules. Homeowners are encouraged to conduct a walk through of their single family homes to identify suspect asbestos-containing materials, such as thermal system insulation, ceiling tile, exterior cementitious siding, rigid panels, and flooring , and hire an asbestos-consultant or asbestos abatement contractor if suspect materials are observed. The Department can provide, upon request, more information regarding common asbestos-containing materials in buildings.

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B.Inspection Requirements. Inspection includes collecting bulk samples for analysis and/or conducting assessments of asbestos-containing materials. Inspections must be conducted as follows:

(1) Bulk samples must be collected by a Department-certified Inspector as prescribed below, in a random manner such that they are representative of each homogenous area. Bulk samples shall be collected and analyzed for all asbestos abatement activities unless an approved disclosure is received by the owner or owner's agent from the operator prior to the start of the project.

(a) From Surfacing Material:

(i) 3 bulk samples from each homogenous area and/or material that is 1,000 square feet or less;

(ii) 5 bulk samples from each homogenous area that is greater than 1,000 square feet but less than or equal to 5000 square feet; or

(iii) 7 bulk samples from each homogenous area that is greater than 5,000 square feet.

(b) From Thermal System Insulation:

(i) 3 bulk samples from each homogenous area;

(ii) 1 bulk sample from each homogenous area of patched thermal system insulation if the patched section is less than 6 linear or square feet; and

(iii) Samples sufficient to determine whether the material is ACM from each insulated mechanical system where cement is utilized on tees, elbows, or valves.

(c) From Miscellaneous ACM:

(i) 3 samples from each miscellaneous material; and

(ii) 1 sample if the amount of miscellaneous material is less than 6 square or linear feet.

(d) An asbestos consultant may implement an alternative sampling protocol that collects more but not less than the number of samples per homogeneous area set forth in this section, provided the asbestos consultant has informed the building owner or owner's agent in writing of the standard sampling protocol set forth above prior to the sampling event. The asbestos consultant must document that the building owner or owner's agent received information regarding the standard sampling protocol set forth in this section by obtaining the building owner's or owner's agent's signature on a statement acknowledging receipt of the information before the sampling event begins.

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Note: The Department will provide asbestos consultants with pre-approved disclosure language regarding the standard sampling protocol.

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(2) Analysis. Bulk samples collected pursuant to this rule must be analyzed by a Department-licensed Asbestos Analytical Laboratory as described below.

(a) Bulk samples shall be analyzed until a positive result is obtained or all samples have been analyzed. Reanalysis is not required if the sample result is less than 1%.

(b) Wherever there is a suspect asbestos-containing material and a mastic/adhesive affixed to that material, the mastic/adhesive shall be analyzed and reported separate from the suspect asbestos-containing material.

(c) Analysis of suspect asbestos-containing surfacing materials, thermal system insulation and cementitious materials.

(i) Bulk samples of surfacing materials and thermal system insulation and cementitious materials shall be analyzed using the PLM-EPA 600/R-93/116 visual estimation method (1993).

(ii) Point counting surfacing materials and thermal system insulation samples. The asbestos consultant shall advise the building owner or owner's agent whenever the asbestos analytical laboratory has reported friable bulk samples with an asbestos contentof less than 10% using the standard visual estimation PLM-EPA 600/R-93/116 method. The building owner or the owner's agent may either elect to treat the bulk material as asbestos-containing with no point counting required, or may request that the laboratory further characterize asbestos percentage by using a point count method. Point counting methods are as follows:

PLM EPA/600/R-93/116 (200 Point Count);

PLM EPA/600/R-93/116 (400 Point Count); and

PLM EPA/600/R-93/116 (1000 Point Count).

(iii) Alternative analytical method for suspectasbestos-containing surfacing materials, thermal system insulation and cementitious materials. The asbestos consultant shall advise the building owner or the building owner's agent whenever the asbestos analytical laboratory has determined is it not feasible or appropriate to have bulk sample(s) ofsuspect asbestos-containing surfacing materials, thermal system insulation and cementitious materials analyzed using the standard visual estimation PLM-EPA 600/R-93/116 method: The building owner or the building owner's agent may then either elect to treat the suspect bulk material(s) as asbestos-containing with no further analysis required, or may consent to the use of an alternative analytical method, EPA 600/R-93/116 section 2.5.5.2 (TEM % by Mass), to determine whether the suspect bulk sample(s) is asbestos-containing.

(d) Analysis of asbestos-containing non friable organically bound materials (NOB) Bulk samples of non-friable organically bound materials (NOB) including but not limited to floor tiles, asphalt shingles, caulking, glazing, mastics, coatings, sealants, adhesives and glues shall be analyzed using PLM NOB-EPA 600/R-93/116 with gravimetric preparation method.

(i) Point Counting NOB samples:

The asbestos consultantshall advise the building owner whenever the asbestos analytical laboratory has reported an NOB sample with an asbestos content of less than 10% using PLM NOB-EPA 600/R-93/116 with gravimetric preparation method. The building owner may either elect to treat the NOB sample as asbestos-containing with no point counting required, or may request that the laboratory further characterize asbestos percentage by using a point count method. The analyst shall point count the sample residue after the gravimetric preparation is completed and/or in accordance with the analytical method

(ii) Alternative analytical methods for non friable organically bound materials (NOB) samples:

The asbestos consultant shall advise the building owner whenever the asbestos analytical laboratory has determined is it not feasible or appropriate to have suspect bulk samples of NOB's analyzed using the standard PLM-EPA 600/R-93/116 with gravimetric preparation:The building owner may then either elect to treat the suspect bulk material(s) as asbestos-containing with no further analysis required, or may consent to the use of an alternative analytical method to determine whether the suspect bulk sample(s) is asbestos-containing.

The alternative methods include:

TEM EPA NOB EPA/600/R-93/116b section 2.5, and

TEM Chatfield method

(e) An analytical laboratory may use TEM, or other Department-approved analytical method, for bulk sample rather than the standard PLM analytical method set forth in this section. Asbestos consultant that collected the bulk samples for the building owner must document that the building owner or owner's agent received information regarding the standard analytical protocol set forth in this section by obtaining the building owner's or owner's agent's signature on a statement acknowledging receipt of the information before the sample analysis for TEM analysis begins.

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Note: The Department will provide asbestos consultants with pre-approved language regarding standard analytical protocol disclosure.

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(f) In instances where there is a positive and a negative sample result for the same sampled bulk material(s) from different sampling events, the material(s) is considered to be asbestos-containing. If a building owner elects to resolve the discrepancy between the two analytical results by re-sampling of the material, the building owner must either have both asbestos inspectors from the previous sampling events present at the resampling of the material(s), or the building owner may elect to have a third party re-sample the material(s). The building owner must provide the third party with the inspection reports and analytical results from the earlier sampling events before re-sampling. In either instance, split samples shall be sent to two separate laboratories for re-analysis using an agreed upon analytical method; any sample/material testing positive by either laboratory is positive for asbestos.

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Note: Other Analytical Methods for Non-Regulated Materials and Media. Sampling and analysis of non-regulated materials and media including but not limited to, water, dust, rock, soil, minerals and asbestos-contaminated products such as vermiculite, may be appropriate to determine the presence of asbestos fibers in the material or medium and to assist in determining appropriate work practices and the scope of any clean-up activities of these non-regulated materials and media. Current state-of-the-art analytical methods include:

(a) Analysis of water samples for asbestos:

EPA method 100.2 analytical method.

(b) Analysis of dust samples for asbestos:

EPA 600/R-93/116;

ASTM D-5755;

ASTM D-6480.

(c) Analysis of rock, soil and mineral such as vermiculite samples for asbestos:

CARB 435 Level A-C; (preferred method)

EPA 600/R-93/116;

EPA-600/M4-82-020; (40 CFR Appendix A to subpart E)

Region I SOP:EIA-INGASED3.SOP; (3/9/05)

EPA 600/R-04/044 (PLM and TEM).

Asbestos-containing bulk materials co-mingled in soils:

There are instances where there is visible bulkasbestos-containing materials that get co-mingled with soil. For example,asbestos-containing thermal system insulation in crawl spaces will fall off the piping onto the bare soil below. Similarly, there are instances where other asbestos-containing materials becomes co-mingled in soils such asasbestos-containing bulk materials that are buried or disposed of in a manner or location that is in violationDepartment or other applicable regulatory standard such as NESHAP; the removal of greater than 3 (three) square feet of visible asbestos-containing bulk materialco-mingled in soils is an activity that is regulated under this rule.

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C.Design. Asbestos abatement activities, exclusive of asbestos associated activities, are subject to the project design requirements specified below. The Asbestos Abatement Design Consultant responsible for the design of record (latest version) must ensure that the design is consistent with the requirements of this rule. The design must be completed prior to the start of the activity. Any change to the original project design must be approved in writing by an Asbestos Abatement Design Consultant. The project design must contain the following at a minimum:

(1) Project drawings, including ACM location and quantity, location of regulated area, ventilation system, decontamination facility, and, where applicable, the waste load-out unit;

(2) An air monitoring plan developed in accordance with the requirements of section 8, and including the number of air clearance samples included in the project contract;

(3) A description of work practice methods to be used;

(4) A description of personnel decontamination methods and sequences;

(1) Documentation of any non-standard work practices including documentation of the notification to theasbestos design consultant who prepared the original project design for the project of any non-standard work practice requests submitted to theDepartment;

(2) If bulk sampling and/or project monitoring will not be performed, copies of the appropriate disclosures, as developed by the Department;

(3) The name, certification number, and signature of the Asbestos Abatement Design Consultant responsible for the design;

(4) The function(s) and respective areas of responsibility for certified personnel and licensed companies involved in the project; and

(5) A description and scope of work for pre-cleaning any existing asbestos-containing debris within the boundaries of the regulated area, as defined by the design.

D. Disclosures

(1) Prior to agreeing to perform an asbestos associated activity, an asbestos consultant firm must provide to the facility owner or agent a disclosure form approved by the Department listing all asbestos abatement contractor firms with which the asbestos consultant does not have an independent business relationship.

(2) Prior to the start of the asbestos abatement activity, if any materials are presumed to contain asbestos the asbestos abatement contractor or the asbestos abatement design consultant (as determined by the design requirements) must provide the building owner or building owner's agent with a bulk sampling disclosure listing which materials identified for abatement have not been sampled and the cost of sampling those materials. Also prior to the start of the asbestos abatement activity, the asbestos abatement contractor or the asbestos abatement design consultant (as determined by the design requirements) must provide the building owner or building owner's agent with a project monitoring disclosure form discussing the advantages of project monitoring, including project management and/or area sampling, by an asbestos consultant firm with an independent business relationship with the entity performing the abatement. The bulk sampling disclosure and the project monitoring disclosure forms must be approved by the Department before they may be provided to the building owner or building owner's agent. Operators must document that the building owner or owner's agent received the disclosure(s) by obtaining the building owner's or owner's agent's signature on a statement acknowledging receipt.

Disclosures may be submitted to the owner or owner's agent on an annual basis for facilities with on-going asbestos abatement activities.

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Note: The Department will provide asbestos abatement contractors and asbestos abatement design consultants with pre-approved language for the bulk sampling disclosure and the project monitoring disclosure.

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06- 096 C.M.R. ch. 425, § 6