Massachusetts Department of Environmental Protections Asbestos Program

PRESENTED TO MASSACHUSETTS HEALTH OFFICERS ASSOCIATION 2011

Asbestos
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What is it? Where is it found? What are the regulations?

How can Municipal Officials and MassDEP work

together to protect public from asbestos fiber releases? MassDEP electronic public access initiatives

MassDEP

Myths: Asbestos is no longer used in building products.

Asbestos has been removed from all buildings.

MassDEP

Fact:
While asbestos has been generally replaced by other materials, it is still a component in many products such as gaskets, roofing and flooring tiles and mastics, window glazing and joint compound to name a few.

MassDEP

And more facts:

Asbestos is present virtually everywhere in our modern environment. There are more than 3,000 AsbestosContaining Building Materials (ACBM). EPA and MassDEP do not track the manufacturing, processing or distribution of asbestos-containing products in commerce.

MassDEP

What is asbestos?
Widely used naturally occurring fibrous mineral. Resistant to heat and corrosive chemicals. Fibers range from long and flexible to straight and needle like.

When crushed, it breaks into tiny, sharp fibers. You cannot often taste, feel or see them.
MassDEP

When is asbestos dangerous?

WHEN IT IS AIRBORNE. When you breathe it, it easily gets into the lungs and your digestive system. If you handle asbestos it can become airborne (especially when subject to sawing, sanding, drilling, grinding or abrading). Once in the air, asbestos fibers can stay suspended in the breathing zone for 24 hours or more. Asbestos fibers freely move on any draft of air.
MassDEP

Asbestos-related diseases
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Asbestosis Lung Cancer Possible gastro-intestinal cancers from ingestion

Mesothelioma

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Where is asbestos found?

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Friable:

Sprayed on, or troweled on, decorative plaster Sprayed on fire proofing Pipe and boiler insulation Duct insulation Suspended ceiling tiles Wallboard and joint compound Some attic/wall insulation (such as vermiculite or sprayed on) Fire rated doors Floor covering (e.g. floor tiles and linoleum backing) Mastic (damp proofing) Caulking and glazing Roofing felts and shingles Fire rated drapes and curtains

Non-friable

MassDEP

Courtesy of Maine DEP

MassDEP

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Decorative Plaster

Sprayed on fireproofing

Courtesy of Maine DEP

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Boiler Insulation (Snowman Boiler)

Boiler Insulation

Courtesy of Maine DEP

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Pipe Insulation

Pipe Insulation
Courtesy of Maine DEP MassDEP

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Floor Tiles (VAT)

Floor Tiles (VAT)

Courtesy MassDEP of Maine DEP

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Mastic

Flexboard (Transite panel)

MassDEP

Courtesy of Maine DEP

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Vermiculite Attic Insulation (Zonolite)

Vermiculite Attic Insulation (Zonolite)

MassDEP

Courtesy of Maine DEP

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Suspended Ceiling Tiles

Suspended Ceiling Tiles

Courtesy of Maine DEP

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Roofing Shingles

Asbestos siding (Transite)

MassDEP

Courtesy of Maine DEP

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Applicable Federal Regulations

Federal regulations:

National Emission Standards for Hazardous Air Pollutants (NESHAP) Asbestos Hazard Emergency Response Act (AHERA) OSHA

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Applicable State Regulations

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MassDEP Air Quality and Solid Waste Regulations

310 CMR 7.00 and 310 CMR 19.000 MassDEP enforces NESHAPS

Massachusetts DOS enforces AHERA

453 CMR 6.00

Massachusetts DPH - State Sanitary Code Chap. II

105 CMR 410.353 : Asbestos Material Board of Health enforces State Sanitary Code

MassDEP

MassDPH State Sanitary Code Chapter II 105 CMR 410.000

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105 CMR 410.353: Asbestos Material Every owner shall maintain all asbestos material in good repair, and free from any defects including, but not limited to, holes, cracks, tears or any looseness which may allow the release of asbestos dust, or any powdered, crumbled or pulverized asbestos material. Every owner shall correct any violation of 105 CMR 410.353 in accordance with the regulations of the Department of Environmental Protection appearing at 310 CMR 7.00 and in accordance with the regulations of the Department of Labor and Workforce Development appearing at 453 CMR 6.00.
MassDEP

310 CMR 7.15 and 310 CMR 7.52 Enforcement Provisions

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310 CMR 7.52: Enforcement Provisions.

Any police department, fire department, board of health officials, or building inspector or his designee acting within his jurisdictional area is hereby authorized by the Department to enforce, as provided for in M.G.L. c.111, 142B, any regulation in which specific reference to 310 CMR 7.52 is cited. M.G.L. c.111, 142B: any person authorized by the department shall have jurisdiction to enforce any such order and to restrain violations of any rules or regulations adopted pursuant to this section until such rules and regulations have been complied with 310 CMR 7.15 (2) Enforcement Provisions. 310 CMR 7.15 is subject to the enforcement provisions in 310 CMR 7.52, except as to 310 CMR 7.15(1)(b) [Notification].

MassDEP

MassDEP Asbestos Regulations

310 CMR 7.00, 7.09, 7.15

MassDEP & EPA NESHAP

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MA delegated by EPA to enforce NESHAP Through 310 CMR 7.00 Air Quality Regulations MA program more stringent than NESHAP Regulate friable and non-friable No thresholds for amount of asbestos-containing materials (ACM) Regulate individual residences as well as commercial, industrial and institutional buildings

MassDEP

General MassDEP Air Quality Provisions

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No person shall permit emissions which cause or

contribute to a condition of air pollution. Regulations focus on prevention of visible or particulate emissions into ambient air, including asbestos. Regulations require 10-day notification prior to commencing construction, demolition or renovation activities.

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Construction & Demolition Notification 7.09(2) (AQ-06 form)

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Applies to any construction, demolition or

renovation of any building, except residential buildings with 19 or fewer dwelling units Requires MassDEP notification 10 business days prior to start of construction/demo/reno Owners or Operators can register with MassDEP to submit AQ-06 forms on-line:

efile @ www.mass.gov/dep

MassDEP

Asbestos Applicability 7.15(1)(a)

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Prohibits air pollution from demolition/ renovation,

installation, reinstallation, handling, transporting, storage, or disposal of a facility or facility component that contains asbestos, asbestos-containing material, or asbestos-containing waste material

MassDEP

Asbestos Notification 7.15(1)(b)

(ANF-001 form)
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Owner/operator must notify MassDEP 10 business

days prior to demolition/renovation operation involving ACM Emergency waivers available (case by case)

e.g. fire damage clean-ups, repairs for no heat and no water, pipe leaks, asbestos survey done

Asbestos Contractors can file ANF-001 forms on-

line:

efile @ www.mass.gov/dep

MassDEP

Emission Control 7.15 (1)(c)

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Remove ACM from facility or facility component

prior to demo/reno Asbestos Removal Work Practices: Seal work area and use air cleaning Maintain adequate wetness of ACM Contain ACM during removal Carefully lower contained ACM to ground Ensure ACM remains wet until and after sealed in container

MassDEP

Air Cleaning 7.15(1)(d)

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Asbestos Operator must use one of the following:

Fabric filters with air flow permeability not to

exceed 350 ft /min/ft for felted fabrics; or HEPA filters in power exhaust units with negative air pressure systems capable of filtering 0.3 micron particles with 99.97% efficiency; or Other equivalent air cleaning system subject to approval by MassDEP
MassDEP

Waste Disposal 7.15(1)(e)

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Keep asbestos-containing waste material

(ACWM) wet until sealed in leak-tight labeled containers. Store ACWM at approved transfer station 30 days maximum at asbestos contractors shop or at the
site of removal

Dispose of ACWM at approved sanitary landfill

special waste site

No landfills in Massachusetts accept ACWM

NESHAP has additional provisions: Waste shipment record (waste manifest) Transporter and disposal site record-keeping

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Why should Municipal Officials be concerned with asbestos-containing building materials (ACBM) in their communities?

MassDEP

Common asbestos issues observed by MassDEP inspectors in buildings

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Demolition/renovation activities conducted in

buildings, without an asbestos survey leading to improper removal, handling and storage/disposal of ACM. Such work can present potential health risks to workers, occupants, general public. General Contractors and business owners failing to submit AQ-06 form to MassDEP. Homeowners improperly removing and disposing of ACM, such as:

ripping up floor tile/linoleum removing boiler and pipe insulation Removing asbestos transite siding/shingles
(Non-licensed contractors or homeowners may remove asbestos roofing or siding products; only under strict MassDEP guidelines.)

MassDEP

How can Municipal Health Officials and MassDEP work together to resolve issues?
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Commercial Demolition/Renovation

Did the applicant submit a Construction/Demo Form (AQ-06) to MassDEP prior to submitting local building/demolition permit application? commercial, industrial, institutional or residential (19+units) Did the applicant have an asbestos (NESHAPS) survey completed? Has asbestos abatement notification form been submitted to MassDEP?

Check MassDEP online database at:

http://edep.dep.mass.gov/asbestos/asbestos.aspx

MassDEP

Is the building free of asbestos?

How can Municipal Health Officials and MassDEP work together to resolve issues?
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Residential and Commercial Complaints BOH can inspect site to confirm complaint and general condition of suspect asbestos-containing materials (SACM) In accordance with Mass DPH State Sanitary Code Chapter II at 105 CMR 410.353: Asbestos Material and MassDEP Asbestos Regulations at 310 CMR 7.52 the BOH can order the violator(s) to stop any asbestos work activities that is causing or contributing to damaged SACM and may result in the release of asbestos dust BOH can then refer case to MassDEP regional office for follow-up MassDEP can investigate asbestos violations, monitor cleanup activities and issue enforcement, if necessary.
MassDEP

eDEP

electronic public access initiatives

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>90% of all asbestos notifications are now submitted

electronically on-line. Contractor Benefits:

save on postage Pay as you go by credit card instead of stockpiling pre-paid decals. Reduces non-compliance risk, since the process automatically checks submittal against MassDEPs filing requirements.

MassDEP

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Online Asbestos Database

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http://edep.dep.mass.gov/asbestos/asbestos.aspx

Search by city, contractor, region, dates or simply

look at all the notified asbestos work in Massachusetts. Click on SEARCH and view the results. These will be displayed in chronological order, with the most recent filing dates displayed first Sort results alphabetically or sequentially import data for additional analysis.

MassDEP

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MassDEP Asbestos Progam Contacts

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Asbestos Program Contact (Boston): Jim McQuade James.mcquade@state.ma.us 617-348-4095 Central Regional Office (Worcester): Gregg Levins Gregory.levins@state.ma.us Tel.: 508-767-2768 Northeast Regional Office (Wilmington) John Macauley John.macauley@state.ma.us 978.694.3262 Western Regional Office Bob Shultz Robert.shultz@state.ma.us 413.755.2210

Southeastern Regional Office (Lakeville): Andrew Cooney Andrew.cooney@state.ma.us Tel.: 508-946-2844

MassDEP