WDNR/USEPA Asbestos NESHAP Regulations--Renovation and Demolition

Chapter NR 447, Wisconsin Administrative Code (exit DNR), is entitled "Control of Asbestos Emissions". Significant aspects of the regulation are as follows:

• Asbestos Containing Materials (ACM) are designated as:
  1. Friable
  2. Category I Nonfriable--Includes only resilient floor covering, asphalt roofing products, gaskets and packings.
  3. Category II Nonfriable--Any nonfriable ACM that is not in Category I.

• Any nonfriable ACM that is to be sanded, ground, cut, abraded or mechanically chipped is to be treated as Regulated Asbestos Containing Material (RACM). Mechanical chipping is also included, as well as shot-blasting mastic.

• Category I ACM does not have to be removed prior to a normal demolition if it is not in poor condition prior to starting the demolition. The resulting wastes can be handled as demolition material; contact the planned landfill. If the demolition materials will be recycled, all ACM must be removed prior to the demolition. Furthermore, if the ACM becomes crumbled, pulverized, or reduced to powder as a result of demolition practices, all materials must be treated as RACM including those demolition materials commingled with the RACM.

• Category II is a case-by-case determination--will the demolition cause the Category II to become RACM? Slate or transite type materials normally become RACM during a demolition and must be removed prior to the demolition.

• The definition of asbestos-containing material has been changed to materials containing more than 1% asbestos by area as determined by Polarized Light Microscopy (PLM). A point counting analysis must be performed if values are less than 10% by PLM, to confirm the material is ACM, unless the materials are assumed to be ACM. Point counting analysis can be performed on the original sample, an additional sample is not needed.

• Prior to commencing the project, the owner or operator shall thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos.

• There is a uniform 10 working day notice to the DNR for all projects that are required to file a notice. There is an exception for emergency renovations; notification must be no later than the following working day. A specific emergency incident report is also required.

• The notice must identify all three categories of asbestos present:
  1. Friable asbestos/RACM to be removed,
  2. Nonfriable asbestos material to be removed, and
  3. Nonfriable asbestos material not removed before demolition.
  The notice must also state the actions/response to be taken if previously non-identified asbestos is found during renovation or demolition.

• Notification requirements apply to RACM that is 260 linear feet or 160 square feet, and volumes greater than or equal to 35 cubic feet off of facility components. Notification requirements also apply to sawcutting at least 5580 sq. ft. of asphalt roofing.

• Notification is required for all renovation and demolition projects of facilities or structures subject to the regulation. A single, isolated, residential dwelling unit or structure with 4 or fewer dwelling units is exempt from the asbestos NESHAP regulations, regardless of ownership or the intended use of the property (all fire training burns are still subject facilities). This exemption does not apply if more than one structure is involved or where a single structure is part of a larger project involving non-residential buildings or as part of a large planned demolition project, such as urban renewal. (Individual demolitions planned at the same time or as part of the same planning schedule are part of a large project.)

• The DNR must be notified for any change in starting date prior to starting the project. Telephone notice followed by a written notice is acceptable. Revised notices to extend the end date must be filed by the original end date.

• Facsimile (fax) copies are not acceptable for notification purposes.

• At least one on-site representative of the owner/operator must be trained concerning the regulation and ensure compliance.

• Each waste container must be labeled with the name of the generator and the location at which the waste was generated.

• Intentional burning of buildings for use in fire training is subject to the demolition regulations and must be performed by a fire department. All ACM must be removed prior to burning.

For more information, contact Amy.Walden@wisconsin.gov.

Asbestos Program || Air Management