Mo. Code Regs. tit. 10 § 10-6.241

Current through Register Vol. 49, No.12, June 17, 2024

Section 10 CSR 10-6.241 - Asbestos Projects-Registration, Abatement, Notification, Inspection, Demolition, and Performance Requirements

If the commission adopts this rule action, the department does not intend to submit this rule amendment to the U.S. Environmental Protection Agency because the rule is administrative and the rule has never been approved as part of the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources' Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources' Proposed Rules website www.dnr.mo.gov/proposed-rules.

PURPOSE: This rule requires asbestos contractors to register with the department, to notify the department of each asbestos project, to allow the department to inspect asbestos projects, and to pay inspection fees. Each person who intends to perform asbestos projects in Missouri must register annually with the Missouri Department of Natural Resources' Air Pollution Control Program. Any person undertaking a demolition or asbestos project must submit a notification to the appropriate agency of the department for each asbestos project and each notification must be accompanied by a fee. Asbestos contractors must allow representatives of the department to conduct inspections of projects and must pay inspection fees. This proposed amendment will remove an erroneous reference to 10 CSR 10-6.030(23) and replace it with a reference to 10 CSR 10-6.080(3)(A), where 40 CFR 61 subpart M is appropriately incorporated by reference. The incorporation by reference of 40 CFR 61 subpart M is being removed from 10 CSR 10-6.030(23) to address U.S. Environmental Protection Agency (EPA) concerns regarding the incorporation by reference of certain federal regulations. This proposed amendment will also remove obsolete dates and fees, and update the acceptable methods of submitting asbestos project notification and amendment forms. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is an EPA comment letter dated September 18, 2018.

(1) Applicability.

(A) This rule applies to-

1. All persons that authorize, design, conduct, and work in asbestos projects; and

2. All persons that undertake demolitions or monitor air-borne asbestos and dispose of asbestos waste as a result of asbestos projects.

(B) Exemptions. The department may exempt a person from registration, certification, and certain notification requirements provided the person conducts asbestos projects solely at the person's own place of business as part of normal operations in the facility and also is subject to the requirements and applicable standards of the United States Environmental Protection Agency (EPA) and United States Occupational Safety and Health Administration (OSHA) 29 CFR 1926.1101 promulgated as of July 1, 2018 and are hereby incorporated by reference as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street N W, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions. This exemption shall not apply to asbestos contractors, to those subject to the requirements of the Asbestos Hazard Emergency Response Act (AHERA), and to those persons who provide a service to the public in their place(s) of business as the economic foundation of the facility. These shall include, but not be limited to, child day-care centers, restaurants, nursing homes, retail outlets, medical care facilities, hotels, and theaters. Business entities that have received state approved exemption status shall comply with all federal air sampling requirements for their planned renovation operations. The Asbestos Hazard Emergency Response Act as published by the Department of Commerce and Trade October 1986 is incorporated by reference in this rule. Copies can be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161. This rule does not incorporate any subsequent amendments or additions.

(2) Definitions.

(A) Asbestos-The asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolitetremolite.

(B) Asbestos abatement-The encapsulation, enclosure, or removal of asbestos-containing materials, in or from a facility, or air contaminant source; or preparation of regulated asbestos-containing material prior to demolition or renovation.

(C) Asbestos inspector- An individual who collects and assimilates information used to determine the presence and condition of asbestos-containing material in a facility or other air contaminant source. An asbestos inspector has to hold a diploma from a fully- approved EPA or Missouri-accredited AHERA inspector course and a high school diploma or its equivalent.

(D) Demolition-The 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.

(E) Regulated asbestos-containing material (RACM)-Defined as follows:

1. Friable asbestos material;

2. Category I nonfriable ACM that has become friable;

3. Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading; or

4. Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this paragraph.

(F) Definitions. Definitions of certain terms specified in this rule, other than those defined in this rule section, may be found in 10 CSR 10-6.020.

(3) General Provisions.

(A) Registration.

1. Any person that conducts an asbestos project shall register with the department. Business entities that qualify for exemption status from the state must reapply for exemption from registration.

2. The person shall apply for registration renewal on an annual basis, and two (2) months before the expiration date shall send the application to the department for processing. The contractor registration application or business exemption information shall be submitted on the forms provided by the department.

3. Annually, the person submitting a registration application to the department shall remit a nonrefundable fee of two thousand six hundred fifty dollars ($2,650) to the department.

4. To determine eligibility for registration and registration renewal, the department may consider the compliance history of the applicant as well as that of all management employees and officers. The department may also consider the compliance record of any other entity of which those individuals were officers and management employees.

5. Registration may be denied for any one (1) or more of the following reasons:

A. Providing false or misleading statements in the application;

B. Failure to submit a complete application;

C. Three (3) or more citations or violations of existing asbestos regulations within the last two (2) years;

D. Three (3) or more violations of 29 CFR 1910.1001 or 29 CFR 1926.1101 within the last two (2) years;

E. Fraud or failure to disclose facts relevant to their application; and

F. Any other information which may affect the applicant's ability to appropriately perform asbestos work.

(B) Abatement Procedures and Practices.

1. Asbestos project contractors shall use only individuals that have been certified by the department in accordance with 10 CSR 10-6.250 and Chapter 643, RSMo on asbestos abatement projects.

2. At each asbestos project site the person shall provide the following information for inspection by the department:

A. Proof of current departmental registration;

B. Proof of current departmental occupational certification for those individuals on the project;

C. Most recent available air sampling results;

D. Current photo identification for all applicable individuals engaged in the project; and

E. Proof of passage of the training course for the air sampling technicians and photo identifications for air sampling technicians.

(C) Revocation of Registration. The director may deny, suspend, or revoke any person's registration obtained under section (3) of this rule if the director finds the person in violation of sections 643.225- 643.250, RSMo or Missouri rules 10 CSR 10-6.241 or 10 CSR 10-6.250 or any applicable federal, state, or local standard for asbestos abatement projects.

(D) Any person that authorizes an asbestos project, asbestos inspection, or any AHERA-related work shall ensure that Missouri registered contractors and certified individuals are employed, and that all post-notification procedures on the project are in compliance with this rule and 10 CSR 10-6.250 and Chapter 643, RSMo. Business entities that have exemption status from the state are exempt from using registered contractors and from post-notification requirements, when performing in-house asbestos abatement projects.

(E) Asbestos Project Notification. Any person undertaking an asbestos project shall submit a notification to the department for review at least ten (10) working days prior to the start of the project. Business entities with state-approved exemption status are exempt from notification except for those projects for which notification is required by the EPA's National Emission Standards for Hazardous Air Pollutants (NESHAPS). The department may waive the ten (10)-working day review period upon request for good cause. To apply for this waiver, the person shall complete the appropriate sections of the notification form provided by the department. The person who applies for the ten (10)-working day waiver must obtain approval from the department before the project can begin.

1. The person shall submit the notification by email, U.S. Postal Service, FAX, or commercial delivery on the form provided by the department.

2. If an amendment to the notification is necessary, the person shall notify the department immediately by email, U.S. Postal Service, commercial delivery, or FAX.

3. Asbestos project notifications shall state actual dates and times of the project, the on-site supervisor, and a description of work practices. If the person must revise the dates and times of the project, the person shall notify the department and the regional office or the appropriate local delegated enforcement agency at least twenty-four (24) hours in advance of the change by email, U.S. Postal Service, commercial delivery, or FAX.

4. A nonrefundable notification fee of two hundred dollars ($200) will be charged for each project constituting one hundred sixty (160) square feet, two hundred sixty (260) linear feet, or thirty-five (35) cubic feet or greater. If an asbestos project is in an area regulated by an authorized local air pollution control agency, and the person is required to pay notification fees to that agency, the person is exempt from paying the state fees. Persons conducting planned renovation projects determined by the department to fall under EPA's 40 CFR part 61 subpart M as specified in 10 CSR 10-6.080(3)(A) must pay this fee and the inspection fees required in subsection (3)(F) of this rule.

5. Emergency project. Any person undertaking an emergency asbestos project shall notify the department within twenty-four (24) hours of the onset of the project by telephone or by email and must receive departmental approval of emergency status. Business entities with state-approved exemption status are exempt from emergency notification for state-approved projects that are part of a NESHAPS planned renovation annual notification. If the emergency occurs after normal working hours or weekends, the person shall contact the Environmental Services Program. The notice shall provide-

A. A description of the nature and scope of the emergency;

B. A description of the measures immediately used to mitigate the emergency; and

C. A schedule for removal. Following the emergency notice, the person shall provide to the director a notification on the form provided by the department and submit it to the director within seven (7) days of the onset of the emergency. The amendment requirements for notification found in subsection (3)(E) of this rule are applicable to emergency projects.

(F) Inspections. There shall be a charge of two hundred dollars ($200) per inspection for the first two (2) inspections of any asbestos project. The department or the local delegated enforcement agency shall bill the person for that inspection(s) and the person shall submit the fee(s) within sixty (60) days of the date of the invoice, or sooner, if required by a local delegated enforcement agency within its area of jurisdiction.

(G) All information required under this rule must be submitted on the appropriate forms and contain accurate, legible information. Failure to provide the required information, failure to submit legible information, submission of false information or failure to provide complete information as required, shall be a violation of this rule and may result in the director's denial or revocation of the forms submitted.

(H) Failure to comply with this rule is a violation of this rule and Chapter 643, RSMo. Compliance with this rule does not relieve the participants from compliance with any other applicable federal and state rules, laws, standards or building codes.

(I) Demolition. A nonrefund-able notification fee of one hundred dollars ($100) will be charged for each demolition regulated under 10 CSR 10-6.080. If a demolition is in an area regulated by an authorized local air pollution control agency and the person is required to pay notification fees to that agency, the person is exempt from paying the state fees.

(4) Reporting and Record Keeping.

(A) Post-Notification.

1. Any person undertaking an asbestos project that requires notification according to subsection (3)(E) of this rule, on the department-provided form shall notify the department within sixty (60) days of the completion of the project. This notice shall include a signed and dated receipt for the asbestos waste generated by the project issued by the landfill named on the notification and any final clearance air monitoring results. The technician performing the analysis shall sign and date all reports of analyses.

2. Business entities are exempt from post-notification requirements, but have to keep records of waste disposal for department inspection.

(B) Additional Record Keeping. The contractor and the owner shall keep the air monitoring results for three (3) years and make the results available to representatives of the department upon request. All AHERA projects shall comply with E PA air monitoring requirements in 40 CFR part 763 promulgated as of July 1, 2018 and are hereby incorporated by reference as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street N W, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions.

(5) Test Methods. (Not Applicable)

10 CSR 10-6.241

Adopted by Missouri Register January 4, 2016/Volume 41, Number 01, effective 2/29/2016

Amended by Missouri Register January 2, 2019/Volume 44, Number 1, effective 2/28/2019

Amended by Missouri Register June 15, 2020/Volume 45, Number 12, effective 7/31/2020