LDEQ Protocol to Comply with the LESHAP Regulations Jodi G. Miller, LDEQ and David Eppler, USEPA March 15 & 16, 2006

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LDEQ Protocol to Comply with the LESHAP
Regulations Jodi G. Miller, LDEQand David
Eppler, USEPAMarch 15 16, 2006
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LDEQ Protocol to Comply with the LESHAP
Regulations

• Background
• On August 29, 2005, Hurricane Katrina struck
  southeast Louisiana as a strong Category 4
  Hurricane with maximum sustained winds of
  approximately 143 mph and gusts up to 165 mph.
• The parishes of Orleans, St. Bernard and
  Plaquemines were flooded by excessive rain and a
  storm surge of 20-30 ft, overtopping levees, and
  ultimately causing the breach of some of the
  levees.
• On August 31st, 2005, 80 of New Orleans was
  under flood waters as a result of the breached
  levees.
• Other badly affected parishes were St. Tammany,
  Lafourche, St. John the Baptist, Jefferson,
  Washington, and Terrebonne.
• In all, 25 parishes were affected.

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LDEQ Protocol to Comply with the LESHAP
Regulations
Hurricane Katrinas Path of Destruction
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LDEQ Protocol to Comply with the LESHAP
Regulations

• Background
• Less than one month later, on September 23-24,
  2005, Hurricane Rita moved through the Gulf of
  Mexico to strike southwest Louisiana and
  southeast Texas, with 120-mph winds and a 20-foot
  wall of water.
• 19 parishes in all were affected.
• Those hit worse were Cameron, Calcasieu,
  Vermilion, Iberia, St. Mary, and Jeff Davis.

Rita
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LDEQ Protocol to Comply with the LESHAP
Regulations
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NESHAP Matrix(residential structures of 4 units
or less- no condos, apartments or commercial
buildings)

• TYPE OF STRUCTURE
• Unsound structure (structure subject to a
  governmental demolition order for which a
  thorough inspection is not required)
• ACTIVITY
• Inspection
• NESHAP
• A thorough inspection is not required due to
  structure being structurally unsound and in
  imminent danger of collapse, moved off its
  foundation, or uninhabitable.
• FLEXIBILITY WITH NAA LETTER (next slide)

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NESHAP Matrix(residential structures of 4 units
or less - no condos, apartments or commercial
buildings)

• FLEXIBILITY WITH NAA LETTER
• Unsound structure definition expanded to include
  homes that are structurally unsound or moved off
  their foundation but not necessarily in danger of
  imminent collapse (2/3/06 - 2/3/07)
• Government issued demolition orders for groups of
  covered residences (e.g. a block, sub-division,
  or other appropriate geographic area) the same as
  an order based on individual determination
  (2/3/06 - 2/3/07)
• Unsound structures definition expanded to include
  homes that are uninhabitable for other
  environmental reasons. (2/24/06 - 2/24/07).

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NESHAP Matrix(residential structures of 4 units
or less- no condos, apartments or commercial
buildings)

• TYPE OF STRUCTURE
• Unsound structure (structure subject to a
  governmental demolition order for which a
  thorough inspection is not required)
• ACTIVITY
• Pre-demolition
• NESHAP
• Regulated ACM removal not possible due to
  condition of structure
• Exterior ACWM may be removed (by licensed
  contractor) if no visible emissions are
  generated, but all waste (both ACWM and all other
  material from the remaining standing structure)
  must be disposed of in a NESHAP compliant
  landfill
• FLEXIBILITY WITH NAA LETTER - None

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NESHAP Matrix(residential structures of 4 units
or less- no condos, apartments or commercial
buildings)

• TYPE OF STRUCTURE
• Unsound structure (structure subject to a
  governmental demolition order for which a
  thorough inspection is not required)
• ACTIVITY
• Demolition
• NESHAP
• Must be wetted throughout demolition process
  (i.e. prior to and during the demolition process)
  to eliminate visible emissions.
• Asbestos trained and accredited
  Supervisor/Contractor must be present
• FLEXIBILITY WITH NAA LETTER - None

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NESHAP Matrix(residential structures of 4 units
or less- no condos, apartments or commercial
buildings)

• TYPE OF STRUCTURE
• Unsound structure (structure subject to a
  governmental demolition order for which a
  thorough inspection is not required)
• ACTIVITY
• Transportation
• NESHAP
• Manage waste streams as ACWM (wet and cover
  trucks)
• FLEXIBILITY WITH NAA LETTER - None

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NESHAP Matrix(residential structures of 4 units
or less- no condos, apartments or commercial
buildings)

• TYPE OF STRUCTURE
• Unsound structure (structure subject to a
  governmental demolition order for which a
  thorough inspection is not required)
• ACTIVITY
• Disposal
• NESHAP
• NESHAP compliant state asbestos permitted
  landfill
• FLEXIBILITY WITH NAA LETTER
• Disposal of asbestos containing material in
  enhanced (to become NESHAP compliant) CD
  landfills for all residential structures. (No NAA
  needed) Enhanced CD disposal sites approved by
  LDEQ.

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NESHAP Matrix(residential structures of 4 units
or less- no condos, apartments or commercial
buildings)

• TYPE OF STRUCTURE
• Sound structure (structure that is able to be
  thoroughly inspected)
• ACTIVITY
• Inspection
• NESHAP
• Accredited asbestos Inspectors required
• Thorough inspection required of each structure
• Structure is subject to a governmental demolition
  order.
• FLEXIBILITY WITH NAA LETTER - None

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NESHAP Matrix(residential structures of 4 units
or less- no condos, apartments or commercial
buildings)

• TYPE OF STRUCTURE
• Sound structure (structure that is able to be
  thoroughly inspected)
• ACTIVITY
• Pre-demolition
• NESHAP
• Regulated ACM removal
• Licensed asbestos contractor required
• Adequately wet prior to removal to eliminate
  visible emissions
• Handle material in a way to prevent damage
• FLEXIBILITY WITH NAA LETTER - None

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NESHAP Matrix(residential structures of 4 units
or less- no condos, apartments or commercial
buildings)

• TYPE OF STRUCTURE
• Sound structure (structure that is able to be
  thoroughly inspected)
• ACTIVITY
• Demolition
• NESHAP
• Once regulated ACM is removed, no additional
  requirements - only CD remaining (transport
  dispose in a CD Landfill)
• FLEXIBILITY WITH NAA LETTER - None

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NESHAP Matrix(residential structures of 4 units
or less- no condos, apartments or commercial
buildings)

• TYPE OF STRUCTURE
• Sound structure (structure that is able to be
  thoroughly inspected)
• ACTIVITY
• Transportation
• NESHAP
• ACWM waste - place in leak-proof containers, wet,
  cover truck
• CD - no requirements (handle according to
  State/local requirements)
• FLEXIBILITY WITH NAA LETTER - None

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NESHAP Matrix(residential structures of 4 units
or less- no condos, apartments or commercial
buildings)

• TYPE OF STRUCTURE
• Sound structure (structure that is able to be
  thoroughly inspected)
• ACTIVITY
• Disposal
• NESHAP
• ACWM waste - State asbestos permitted landfill
  (Type 1 or 2)
• CD waste - No requirements (handle according to
  State/local requirements)
• FLEXIBILITY WITH NAA LETTER - None

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If a residential structure has been effectively
demolished by a hurricane collection, treatment
and disposal of the debris is not regulated.
Letter dated November 9, 2005, EPA (Coleman) to
US Army Corps of Engineers (Smithers), states
If a building or other structure was totally
destroyed by a hurricane, then the National
Emission Standard for Asbestos, 40 C.F.R. Part
61, Subpart M (Asbestos NESHAP) does not apply to
any subsequent activities. For such destroyed
structures, you may immediately begin removal and
proper disposal of the resulting debris.
LDEQ Protocol to Comply with the LESHAP
RegulationsI. Structures Not Subject to
Asbestos Demo/Reno Regulations
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LDEQ Protocol to Comply with the LESHAP
Regulations II. Structures Not Subject to
Asbestos Demo/Reno Regulations

• Demolition/Renovation conducted by homeowners or
  the homeowners contractor is not subject to
  the Asbestos Demolition regulations.
• References 40 CFR Subpart M. 61.154 and
• LAC 33III.Subchapter M. Section 5151.B
  Definition of 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, but
  excluding residential buildings having four or
  fewer dwelling units) any ship and any active
  or inactive waste disposal site. 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.

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LDEQ Protocol to Comply with the LESHAP
Regulations Demolition of Residential
Structures Conducted as a Result of a Government
Order are Regulated

• Regulated Residential Structures

Multiple buildings being demolished as a result
of the hurricanes in accordance with a government
order are considered an installation as defined
in the asbestos LESHAP. Installation - any
building or structure or any group of buildings
or structures at a single demolition or
renovation site that are under the control of the
same owner or operator (or owner or operator
under common control). Because of this
definition, the demolitions of multiple
residential structures are regulated.
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LDEQ Protocol to Comply with the LESHAP
Regulations EPA No Action Assurance Letters for
Structurally Unsound Residences

• No Action Assurance Letters

• EPA letters dated February 3, 2006, and February
  24, 2006 include
• Residences that are structurally unsound and in
  danger of imminent collapse,
• 2. Residences that are subject to a government
  issued demolition
• order because the structure has been moved
  off of its foundation, and
• 3. Residences that are subject to government
  issued demolition orders
• because they are uninhabitable for other
  environmental reasons
• (e.g., from excessive flood damage rendering
  the home uninhabitable).

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LDEQ Protocol to Comply with the LESHAP
Regulations Demolition of Unsound Residential
Structures

• Unsound Homes Constructed Prior to January 1,
  1980
• No asbestos inspections are required.
• Since no inspections are conducted, construction
  demolition debris is assumed to contain
  Regulated Asbestos-Containing Material (ACWM).
• All LESHAP regulations apply
• Licensing, Accreditation, Notification (AAC-2),
  wetting during
• demolition, bagging, labeling, use of manifests
  or Asbestos Disposal
• Verification Forms, (ADVFs), and wetting during
  transportation, and
• disposal.
• Disposal in a solid waste/asbestos approved Type
  1 (Industrial) or 2 (Municipal Commercial)
  Landfill is required.

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LDEQ Protocol to Comply with the LESHAP
Regulations Demolition of Unsound Residential
Structures

• Unsound Homes Constructed On or After January
  1, 1980
• No asbestos inspections are required.
• Since no inspections are conducted, construction
  demolition debris is assumed to contain
  Potential Asbestos-Containing Material (PACM).
• All LESHAP regulations apply
• Licensing, Accreditation, Notification (AAC-2),
  wetting during demolition, bagging, labeling, use
  of manifests or Asbestos Disposal Verification
  Forms (ADVFs) during transportation, and
  disposal.
• 4. Disposal in an enhanced solid waste/asbestos
  CD landfill is required.

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LDEQ Protocol to Comply with the LESHAP
Regulations Demolition of Unsound Residential
Structures

• Recommendations for Demolition of Residential
  Structures Containing Asbestos-Containing Waste
  Material (ACWM)
• Each structure should be knocked down in a
  controlled manner to minimize excess breakage of
  asbestos containing material. Debris should be
  wetted/misted during demolition, interim staging,
  and loading activities.
• Load CD debris into polyethylene lined dumpsters
  that are leaktight.
• Label, and transport to the appropriate landfill
  with ADVF.
• Category I asbestos containing material (vinyl
  tile, mastic, etc.) need not be removed and
  segregated from the CD debris if it does not
  have a high probability of becoming friable. If
  this material does not become friable by the
  forces expected to act on the material in the
  course of demolition, it may be disposed at an
  approved CD landfill.

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LDEQ Protocol to Comply with the LESHAP
Regulations Demolition of Sound Residential
Structures
Structurally Sound Homes 1. A thorough
inspection by an asbestos inspector accredited
by the LDEQ may be performed. (See attached
LDEQ Inspection Protocol for a thorough
inspection) 2. If a thorough inspection is
performed, and no regulated ACM is found, the
Construction and Demolition (CD) debris is
disposed in an approved CD debris (Type 3)
landfill. 3. If a thorough inspection is
performed, and regulated ACM or non-regulated ACM
is found and removed, the ACWM must be disposed
in an approved Type 1 or 2 landfill. The
non-regulated ACM may be disposed in a designated
area of an approved CD landfill, and the
remaining CD debris may be disposed in an
approved CD debris landfill. 4. If a thorough
inspection is not performed, the CD debris is
assumed to be regulated, and the ACWM must be
disposed in an approved Type 1 or 2
Landfill.
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LDEQ Protocol to Comply with the LESHAP
RegulationsRemoval of RACM from Inside Sound
Structures

• Shut windows and doors. If they cannot be shut,
  install critical barriers (e.g. polyethylene
  sheeting).  Sufficient wetting is required to
  manage emissions during removal, bagging, and
  disposal.
• a. Negative air is not required
• The wet method must be employed to remove the
  Regulated ACM
• c. Regulated ACM waste must be bagged and
  labeled
• Bulk material left behind must be visually
  inspected and cleaned
• appropriately
• e. No air monitoring clearance is necessary
• Walls, ceilings, floors, etc. must be
  encapsulated to ensure ACM
• fibers are not being released during
  demolition and loading
• Follow demolition procedures as noted in this
  Guidance and
• Use OSHA worker protection guidelines.
  

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Appendix ALDEQ Inspection Protocol for
thorough inspections

• Regulated Asbestos-Containing Material
  (RACM) is
• Friable asbestos material
• Category I nonfriable ACM that has become
  friable
• Category I nonfriable ACM that will be or has
  been
• subjected to sanding, grinding, cutting,
  or abrading, in
• accordance with 40 CFR Subpart
  M-National Emission Standard
• for Asbestos, 61.141. Definitions and
• 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.

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Appendix ALDEQ Inspection Protocol for
thorough inspections

• A thorough inspection includes
• Visual inspection - (all suspect Asbestos
  Containing Material (ACM) is identified and
  sampled or is presumed to be positive for
  asbestos.)
• Sampling Use AHERA protocol
• Category I (vinyl asbestos tile, window caulking,
  etc.). No sampling is necessary if in good
  condition may be left in the structure during
  demo
• Category II (cementitious material such as
  roofing shingles and siding may be assumed
  asbestos

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Waste Accepted at ENHANCED C D LANDFILLS

• Post-1980 Unsound residential structures that are
  subject to government issued demolition orders
  because they are structurally unsound and in
  danger of imminent collapse, or uninhabitable for
  other environmental reasons.

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LDEQ REQUIREMENTS FOR ENHANCED C D LANDFILLS

• CD site must give prior notice to the LDEQ
  indicating their request to perform enhanced CD
  activities,
• Submit an Operational Plan that meets the
  Requirements for Enhanced CD landfills, and
• Receive advanced approval by LDEQ prior to taking
  the waste.

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LDEQ REQUIREMENTS FOR ENHANCED C D LANDFILLS

• Adequate Perimeter Air Monitoring
• (sampling pump 1 liter/ minute 8 hr TWA)
• Sample Methods
• NIOSH 7400 PCM (Phase Contrast Microscopy)
• (as long as the sample does not exceed ½ the
  PEL)
• NIOSH 7402 - TEM (Transmission Electron
  Miscroscopy)
• LELAP (La. Environmental Lab Accreditation
  Program)
• Sample turn-around - 48 hours

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LDEQ REQUIREMENTS FOR ENHANCED C D LANDFILLS

• Detection Limits
• i. The sample method detection limit shall
• be 0.01 0.02 f/cc
• ii. The OSHA permissible exposure limit
• (PEL) for asbestos fibers is 0.1 f/cc
• Iii. If the sample exceeds more than ½ the
• PEL (more than.05 f/cc), the sample is
• analyzed by TEM.

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LDEQ REQUIREMENTS FOR ENHANCED C D LANDFILLS

• Record Keeping
• i. Chain of Custody documentation shall be kept
  to document and verify samples,
• ii. Calibration checks shall also be recorded,
• iii.All records required by this section shall be
  maintained for 2 years, and
• iv.All records required by this section shall be
  maintained on-site and be made available for
  inspection purposes or at the request of the
  Department.

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LDEQ REQUIREMENTS FOR ENHANCED C D LANDFILLS

• Notification and Response Actions
• i. Sample results indicating asbestos fibers
  above the OSHA PEL of 0.1 f/cc - Notify LDEQs
  Single Point of Contact (SPOC) 225-219-3640
  within 1 hour.
• ii. Cease operations - investigate to determine
  the source of the asbestos fibers.
• iii. Report results of the investigation in
  writing to SPOC within 24 hours of completing the
  investigation.
• iv. Implement appropriate corrective action.
• v. Once approved, may begin site operations.
  Frequency of sampling shall return to daily.

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LDEQ REQUIREMENTS FOR ENHANCED C D LANDFILLS

• Reporting of Air Monitoring and Sampling Results
• i. During the first quarter (3 month period)
• Monthly reporting
• ii. After the first quarter of operation
• Semi- annual reporting (every six months), and
• iii.Use LDEQ approved air monitoring report form
• Submit completed forms to the Office of
  Environmental Services, Air Permits Division,
  ATTN Jodi Miller.

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LDEQ REQUIREMENTS FOR ENHANCED C D LANDFILLS

• Follow LESHAP Regulations
• LAC 33III.Subchapter M, Section 5151.N
  Active Disposal Waste Sites
• 1. No Visible Emissions
• 2. Daily Cover
• - 6 inches of compacted nonasbestos-containing
  material, or
• - petroleum-based or other dust suppression
  agent, or
• - alternative emissions control method.

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LDEQ REQUIREMENTS FOR ENHANCED C D LANDFILLS

• Follow LESHAP Regulations
• LAC 33III.Subchapter M, Section 5151.N Active
  Disposal Waste Sites
• Warning signs
• - Must be easily read
• - 20 inch 14 inch upright format signs
• - Conform to a certain legend

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LDEQ REQUIREMENTS FOR ENHANCED C D LANDFILLS

• Follow LESHAP Regulations
• LAC 33III.Subchapter M, Section 5151.N
  Active Disposal Waste Sites
• Must be fenced in a manner adequate to deter
  access by the general public.
• Upon request, the Department will determine
  whether a fence or a natural barrier adequately
  deters access by the general public.

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LDEQ REQUIREMENTS FOR ENHANCED C D LANDFILLS

• Follow LESHAP Regulations
• LAC 33III.Subchapter M, Section 5151.N
  Active Disposal Waste Sites
• - Maintain waste shipment records (LDEQ ADVFs)
• - Copies to the generator LDEQ w/in 30 days
• - Submit discrepancy reports, if needed
• - Maintain records for 2 years

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LDEQ REQUIREMENTS FOR ENHANCED C D LANDFILLS

• Follow LESHAP Regulations
• LAC 33III.Subchapter M, Section 5151.N
  Active Disposal Waste Sites
• Maintain records on location, depth and area, and
  quantity
• Upon closure, submit records to LDEQ
• Notify the Department in writing at least 45 days
  prior to excavating

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LDEQ Demolition Debris Matrix

• A. Pre-1980 Unsound Residential Structures
• Government ordered, 4-plex and smaller
• No inspection required
• No segregation required
• Mechanical demolition allowed
• Wet method applied
• Clear poly lined dumpster
• All waste to a Type 1 or 2 landfill
• No Action Assurance letter is not required

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LDEQ Demolition Debris Matrix

• B. Post-1980 Unsound Residential Structures
• Government ordered, 4-plex and smaller
• No inspection required
• No segregation required
• Mechanical demolition allowed
• Wet method applied
• Clear poly lined dumpster
• All waste to an Enhanced CD debris Landfill
• Complies with NAA

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LDEQ Demolition Debris Matrix

• C. Pre-1980 Sound Residential Structures
• Government ordered, 4-plex and smaller
• Inspection by accredited asbestos inspector
  required
• Segregation asbestos abatement required
• Mechanical demolition allowed for CD after
  removal of ACM
• Wet method applied
• Clear poly lined dumpster
• ACWM to a Type 1 or 2 landfill
• Segregated Category II (siding/shingles) to be
  disposed in a CD approved landfill that accepts
  Cat II or a Type 1 or 2 Landfill
• All remaining CD waste to a CD Landfill
• No Action Assurance letter is not required

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LDEQ Demolition Debris Matrix

• D. Post 1980 Sound Residential Structures
• Government ordered, 4-plex and smaller
• Inspection by accredited asbestos inspector
  required
• Segregation asbestos abatement required
• Mechanical demolition allowed for CD after
  removal of ACM
• Wet method applied
• Clear poly lined dumpster
• ACWM to a Type 1 or 2 landfill
• Segregated Category II (siding/shingles) to be
  disposed in a CD approved landfill that accepts
  Cat II or a Type 1 or 2 Landfill
• All remaining CD waste to a CD Landfill
• No Action Assurance letter is not required

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QUESTIONS

• For questions, you may contact
• Jodi G. Miller at LDEQ 225-219-3004 or
  Jodi.Miller_at_la.gov
• David Eppler at EPA 214-665-6529 or
• eppler.david_at_epa.gov