HAR §11-501-7. Standard for demolition and renovation

(a) To determine which requirements of this section apply to the owner or operator of a demolition or renovation activity, and prior to the commencement of any demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including category I and category II nonfriable ACM. This survey shall be performed by a person who is certified pursuant to chapter 11-504. The inspector shall include sampling and laboratory analysis of the asbestos content of all suspected ACM, unless all suspect material is treated as asbestos- containing and will be handled in accordance with this chapter. Sampling shall include at least three samples from each homogeneous area to be disturbed. The requirements of subsections (b) and (c) apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows: (1) In a facility being demolished, all the requirements of subsections (b) and (c) apply, except as provided in subsection (a)(3), if the combined amount of RACM is: (A) At least eighty linear meters (or two hundred sixty linear feet) on pipes or at least fifteen square meters (or one hundred sixty square feet) on other facility components; or (B) At least one cubic meter (or thirty- five cubic feet) off facility components where the length or area could not be measured previously; (2) In a facility being demolished, only the notification requirements of subsections (b)(1), (b)(2), (b)(3)(A), (b)(3)(D), (b)(4)(A) through (b)(4)(H), (b)(4)(I), and (b)(4)(R) apply, if the combined amount of RACM is: (A) Less than eighty linear meters (or two hundred sixty linear feet) on pipes and less than fifteen square meters (or one hundred sixty square feet) on other facility components; and (B) Less than one cubic meter (or thirty- five cubic feet) off facility components where the length or area could not be measured previously or there is no asbestos; (3) If the facility is being demolished pursuant to an order of a state or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, only requirements of subsection (b)(1), (b)(2), (b)(3)(C), (b)(4) (except subsections (b)(4)(I)), (b)(5), and (c)(4) through (c)(9) apply; and (4) In a facility being renovated, including any individual nonscheduled renovation operation, all the requirements of subsections (b) and (c) apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed is: (A) At least eighty linear meters (or two hundred sixty linear feet) on pipes or at least fifteen square meters (or one hundred sixty square feet) on other facility components; or (B) At least one cubic meter (or thirty- five cubic feet) off facility components where the length or area could not be measured previously. (C) To determine whether paragraph (a)(4) of this section applies to planned renovation operations involving individual nonscheduled operations, predict the combined additive amount of RACM to be removed or stripped during a calendar year of January 1 through December 31. (D) To determine whether paragraph (a)(4) of this section applies to emergency renovation operations, estimate the combined amount of RACM to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation. (b) Each owner or operator of a demolition or renovation activity to which this section applies shall: (1) Provide the director with a separate written notice of intention to demolish or renovate for each building affected. Delivery of the notice by U.S. Postal Service, commercial delivery service, or hand delivery is acceptable, but not by facsimile; (2) Update notice, as necessary, including when the amount of asbestos affected changes by at least twenty percent; (3) Postmark or deliver the notice as follows: (A) At least ten working days before asbestos demolition, 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 operation is described in subsection (a)(1),(a)(2), and (a)(4) (except subsections(a)(4)(C) and (a)(4)(D)); (B) At least ten working days before the end of the calendar year preceding the year for which notice is being given for renovations described in subsection (a)(4)(C); (C) As early as possible before, but not later than, the following working day if the operation is a demolition ordered according to subsection (a)(3) or, if the operation is a renovation described in subsection (a)(4)(D); or (D) For asbestos stripping or removal work in a demolition or renovation operation, described in subsection (a)(1) and (a)(4) (except subsections (a)(4)(C) and (a)(4)(D)), and for a demolition described in subsection (a)(2), that will begin or end on a date other than the one contained in the original notice, notice of the new start or completion date shall be provided to the director as follows: (i) When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin after the date contained in the notice, the director shall be notified of the new start date by telephone as soon as possible before the original start date, and a written notice of the new start date shall be delivered to the director or postmarked to the director no later than one working day after telephone notification. Delivery of the updated notice by the U.S. Postal Service, commercial delivery service, or hand delivery is acceptable, but not by facsimile; (ii) When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin on a date earlier than the original start date, provide the director with a written notice of the new start date at least ten working days before asbestos stripping, removal work, or demolition begins. Delivery of the updated notice by U.S. Postal Service, commercial delivery service, or hand delivery is acceptable, but not by facsimile; and (iii) In no event shall an operation covered by this paragraph begin on a date other than the date contained in the written notice of the new start date; (iv) When the asbestos stripping or removal operation or demolition operations covered by this paragraph will end before or after the date contained in the notice, the director shall be notified of the new completion date by telephone as soon as possible before the original completion date, and a written notice of the new completion date shall be delivered to the director or postmarked to the director no later than one working day after telephone notification. Delivery of the updated notice by the U.S. Postal Service, commercial delivery service, or hand delivery is acceptable, but not by facsimile. (4) Include the following in the notice: (A) An indication of whether the notice is the original or a revised notification; (B) Name, address, and telephone number of both the facility owner and operator and the asbestos removal contractor owner or operator; (C) Whether the type of operation is demolition or renovation; (D) Whether asbestos is present or not present in the facility, the inspector’s name and certification number, and the state from which certification was obtained; (E) Description of the facility or affected part of the facility including the size (square meters or square feet, and number of floors), age, and present and prior use of the facility; (F) Procedure, including analytical methods, employed to detect the presence of RACM and category I and category II nonfriable ACM, and the name of the laboratory that performed the analysis; (G) Estimate of the approximate amount of RACM to be removed from the facility in terms of length of pipe in linear meters or linear feet, surface area in square meters or square feet on other facility components, or volume in cubic meters or 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 demolition; (H) Location and street address (including building number or name and floor or room number, if appropriate), city, county, and state, of the facility being demolished or renovated; (I) Scheduled starting and completion dates, work days and work times 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 or renovation; planned renovation operations involving individual nonscheduled operations shall only include the beginning and ending dates of the report period as described in subsection (a)(4)(C); (J) Scheduled starting and completion dates, work days and work times of demolition or renovation; (K) Description of planned demolition or renovation work to be performed and methods to be employed, including demolition or renovation techniques to be used and description of affected facility components; (L) Description of work practices and engineering controls to be used to comply with the requirements of this chapter, including asbestos removal and waste-handling emission control procedures; (M) Project Designer’s name and certification number, and the state from which certification was obtained; (N) Name and location of the waste disposal site where the asbestos- containing waste material will be deposited; (O) A certification that at least one person trained as required by subsection (c)(8) will supervise the stripping and removal described by this notification. This requirement shall become effective one year after the effective date of this rule; (P) For facilities described in subsection (a)(3), 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; (Q) For emergency renovations described in subsection (a)(4)(D), 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. Ultimate approval of emergency renovation is left to the discretion of the director; (R) Description of procedures to be followed in the event that unexpected RACM is found or category II nonfriable ACM becomes crumbled, pulverized, or reduced to powder; (S) Name, address, and telephone number of the waste transporter; and (5) The information required in subsection (b)(4) shall be reported using a form similar to that shown in Figure 3 entitled "Asbestos Office Notification of Demolition and Renovation", dated June 1, 1998, located at the end of this chapter. (c) Each owner or operator of a demolition or renovation activity to whom this subsection applies, according to subsection (a), shall comply with the following procedures: (1) 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: (A) It is category I nonfriable ACM that is not in poor condition and is not friable; (B) It is on a facility component that is encased in concrete or other similarly hard material and is adequately wet whenever exposed during demolition; 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 asbestos- contaminated debris shall be treated as asbestos-containing waste material and adequately wet at all times until disposed of; or (C) It is category II nonfriable ACM and the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition; (2) 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: (A) Adequately wet all RACM exposed during cutting or disjoining operations; and (B) Carefully lower each unit or section to the floor and to ground level, not dropping, throwing, sliding, or otherwise damaging or disturbing the RACM; (3) When RACM is stripped from a facility component while it remains in place in the facility, adequately wet the RACM during the stripping operation; (A) In renovation operations, wetting is not required if: (i) The owner or operator has obtained prior written approval from the director based on a written application that wetting to comply with this paragraph would unavoidably damage equipment or present a safety hazard; and (ii) The owner or operator uses either a local exhaust ventilation and a collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials which exhibits no visible emissions to the outside air or is designed and operated in accordance with the requirements in section 11-501-14; uses a glove-bag system designed and operated to contain the particulate asbestos material produced by the stripping of the asbestos materials; or uses leak- tight wrapping to contain all RACM prior to dismantlement; (B) In renovation operations where wetting would result in equipment damage or a safety hazard, and the methods allowed in subsection (c)(3)(A) cannot be used, another method may be used after obtaining written approval from the director based upon a determination that it is equivalent to wetting in controlling emissions or to the methods allowed in subsection (c)(3)(A); (C) A copy of the director's written approval shall be kept at the worksite and made available for inspection; (4) 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 subsection (c)(2), it shall be stripped or contained in transparent, leak-tight wrapping except as described in subsection (c)(5). If stripped: (A) Adequately wet the RACM during stripping; and (B) Use a local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping. The system shall exhibit no visible emissions to the outside air and shall be designed and operated in accordance with the requirements in section 11-501-14; (5) For large facility components such as reactor vessels, large tanks, and steam generators, but not beams (which shall be handled in accordance with subsections (c)(2), (c)(3), and (c)(4)), the RACM is not required to be stripped if all of the following requirements are met: (A) The component is removed, transported, stored, disposed of, or reused without disturbing or damaging the RACM; (B) The component is encased in a transparent, leak-tight wrapping; and (C) The transparent, leak-tight wrapping is labeled during all loading and unloading operations and during storage. The markings shall: (i) Be displayed in such a manner and location that a person can easily read the legend; (ii) Conform to the requirements for 51 cm. x 36 cm. (20 in. x 14 in.) upright format signs specified in Occupational Safety and Health Standards (29 CFR 1910.145(d)(4)) and this paragraph; and (iii) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph: DANGER ASBESTOS DUST HAZARD CANCER AND LUNG DISEASE HAZARD Authorized Personnel Only Notation: 2.5 cm (1 inch) sans serif, gothic or block 2.5 cm (1 inch) sans serif, gothic or block 1.9 cm (3/4 inch) sans serif, gothic or block 14 point gothic Spacing between any two lines shall be a least equal to the height of the upper of the two lines; (6) For all RACM, including material that has been removed or stripped: (A) Adequately wet the material and ensure that it remains wet until collected and contained or treated in preparation for disposal in accordance with section 11-501-12; (B) Carefully lower the material to the ground and floor, not dropping, throwing, sliding without chutes, or otherwise damaging or disturbing the material; (C) Transport the material in transparent, leak-tight containers to the ground via leak-tight, enclosed chutes or containers if it has been removed or stripped more than fifty feet above ground level and was not removed as units or in sections; (D) RACM contained in transparent, leak- tight wrapping that has been removed in accordance with subsection (c)(3)(A) need not be wetted; (E) Isolate disturbances of RACM regulated by this subsection by physical barriers from the outside air. The physical barriers shall include transparent viewing ports which allow observation of all stripping and removal of RACM from outside the barrier. Whenever the outside air is in contact with the air in any portion of the isolated area, a local exhaust ventilation system which is designed and operated in accordance with the requirements of section 11-501-14 shall be used. This system shall maintain the air in the isolated area at a pressure differential of at least minus 0.02 inches of water with respect to the area outside the barrier and shall be operated continuously from the establishment of isolation barriers through final clean up of the work area following the disturbance of RACM. The provisions of this section shall not apply to a removal done entirely by the glove bag method, a removal using a mini- enclosure designed and operated according to Appendix G to 29 CFR Section 1926.58, as it existed on July 15, 1993, or a removal using any other engineering control techniques approved by the director. If any of the requirements of this paragraph are not feasible, prior written approval shall be requested from the director, and a copy of this approval shall be kept on-site and made available for inspection; (F) Provide a clean work site and handle all friable asbestos-containing waste material related to a specific demolition, renovation, or removal, including preexisting asbestos- containing debris, in accordance with this section and section 11-501-12; and (G) At all points of entry to a demolition or renovation, display signs with the legend specified in paragraph (5)(C)(iii); (7) When the temperature at the point of wetting is below 0 o C (32 o F): (A) The owner or operator need not comply with subsection (c)(2)(A) and the wetting provisions of subsection (c)(3); (B) 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; and (C) During periods when wetting operations are suspended due to freezing temperatures, the owner or operator shall record the temperature in the area containing the facility components at the beginning, middle, and end of each workday and keep daily temperature records available for inspection by the director during normal business hours at the demolition or renovation site. The owner or operator shall retain the temperature records for at least two years; (8) No RACM shall be stripped, removed, or otherwise handled or disturbed at a facility unless at least one on-site, currently certified contractor/supervisor, trained in the provisions of these rules and the means of complying with them, is present. The required training shall include as a minimum: (A) Applicability; (B) Notifications; (C) Material identification; (D) Control procedures for removals including, at least, wetting, local exhaust ventilation, negative pressure enclosures, glove-bag procedures, and HEPA filters; (E) Waste disposal work practices; (F) Reporting and recordkeeping; and (G) Asbestos hazards and worker protection. Evidence that the required training has been completed shall be posted and made available for inspection by the director at the demolition or renovation site; (9) For facilities described in subsection (a)(3), adequately wet the portion of the facility that contains RACM during the wrecking operation; and (10) If a facility is demolished by intentional burning, all RACM including category I and category II nonfriable ACM shall be removed in accordance with the NESHAP before burning. [Eff ] (Auth: HRS §342P-41) (Imp: 40 CFR Part 61.145)