326 IAC 14-10-3 - Notification requirements
Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 3.
(a) Each
owner or operator of a demolition or renovation activity to whom this section
applies shall provide notification to the department in accordance with this
section. A notification is required even if no asbestos is present.
(b) The owner or operator shall provide the
department with written notification of the intention to demolish or renovate a
facility or facility component on a form provided by the department and submit
a revised notification as necessary, including for the following:
(1) When the amount of affected RACM
increases or decreases by at least twenty percent (20%).
(2) If there is a change in the following:
(A) Asbestos removal or demolition start
date.
(B) Removal or demolition
contractor.
(C) Waste disposal
site.
(c) The
owner or operator shall postmark or deliver the notification via the United
States Postal Service, commercial delivery service, electronic submission,
facsimile, or hand delivery according to the appropriate deadline as follows:
(1) For a demolition operation described in
section 1(b) of this rule, one (1) of the following:
(A) At least ten (10) working days before
asbestos stripping or removal work or any other activity, such as site
preparation, begins that would break up, dislodge, or similarly disturb
asbestos material if the facility contains a combined amount of RACM on or off
facility components of at least:
(i) three (3)
square feet;
(ii) three (3) linear
feet; or
(iii) seventy-five
hundredths (0.75) cubic foot.
(B) At least ten (10) working days before
demolition begins if:
(i) the facility
contains a combined amount of RACM on or off facility components of less than
the limits listed in clause (A)(i) through (A)(iii); or
(ii) there is no asbestos in the
facility.
(2)
For an ordered demolition described in section 1(c) of this rule, as early as
possible before demolition begins.
(3) For a renovation operation described in
section 1(d) of this rule, at least ten (10) working days before asbestos
stripping or removal work or any other activity, such as site preparation,
begins that would break up, dislodge, or similarly disturb asbestos
material.
(4) For an emergency
renovation operation described in section 1(e) of this rule, as early as
possible before asbestos stripping or removal work begins, but not later than
the following working day.
(5) For
a planned renovation operation described in section 1(f) of this rule, at least
ten (10) working days before the end of the calendar year preceding the year
for which notification is being given.
(d) The owner or operator shall include the
following information in the notification:
(1)
An indication of whether the notification is the original, a revised, or
canceled copy, if applicable.
(2)
For a revised notification, a copy of the original notification or the previous
revised notification.
(3) The name,
address, telephone number, and electronic mail address of:
(A) both the facility owner and
operator;
(B) the asbestos
abatement contractor owner or operator; and
(C) the removal or demolition contractor
owner or operator.
(4)
The type of operation, such as:
(A)
demolition;
(B) demolition by
intentional burning;
(C) ordered
demolition;
(D)
renovation;
(E) emergency
renovation operation; or
(F)
planned nonscheduled renovation operation as described in section 1(f) of this
rule.
(5) A description
of the facility or affected part of the facility, including the:
(A) size in square feet;
(B) number of floors;
(C) age; and
(D) present and prior use of the
facility.
(6) The
procedure employed to detect the presence and amount of RACM and Category I and
Category II nonfriable ACM, including analytical methods.
(7) An estimate of:
(A) the approximate amount of RACM to be
removed in the facility in terms of:
(i)
linear feet on or off pipes;
(ii)
square feet on or off other facility components;
(iii) total cubic feet on or off all facility
components; and
(iv) total amount
on or off all facility components where the length or area could not be
measured previously; and
(B) 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.
(8) The location of the facility being
demolished or renovated including:
(A) street
address, including building number or name and floor or room number, if
appropriate;
(B) city;
(C) county;
(D) state; and
(E) zip code.
(9) The scheduled starting and completion
dates of an asbestos removal project, that would break up, dislodge, or
similarly disturb RACM in a demolition or renovation operation, as follows:
(A) Planned renovation operations involving
only individual, nonscheduled renovation operations must include the beginning
and ending dates of the report period as described in section 1(f) of this
rule.
(B) For renovation
operations, scheduled starting and completion dates of the renovation
operation.
(C) For demolition
operations, scheduled starting and completion dates of the actual facility
demolition.
(10) A
description of the planned demolition or renovation work to be performed and
methods to be employed, including demolition or renovation techniques to be
used and a description of the affected facility components.
(11) A description of the work practices and
engineering controls to be used to comply with this rule, including RACM
removal and waste handling emission control procedures.
(12) A description of the procedures to be
followed in the event that unexpected RACM is found or Category I or Category
II nonfriable ACM becomes crumbled, pulverized, or reduced to powder.
(13) The name and location of the active
waste disposal site where the asbestos-containing waste material will be
deposited.
(14) A signed
certification from the owner or operator that:
(A) at least one (1) person trained as
required by 40 CFR
61.145(c)(8) * will
supervise the stripping and removal described by the notification;
(B) the information provided in the
notification is correct; and
(C)
only Indiana-licensed workers and project supervisors will be used to implement
the asbestos removal project.
(15) For an ordered demolition, the
notification must include:
(A) the name,
title, and authority of the state or local governmental representative who has
ordered the demolition;
(B) the
date that the order was issued;
(C)
the date on which the demolition was ordered to begin; and
(D) a copy of the order.
(16) For demolition and renovation
operations, the name, address, telephone number, electronic mail address, and
asbestos license number issued under 326 IAC 18 of the person who:
(A) inspected the facility for
RACM;
(B) designed the asbestos
removal project if RACM is present, if applicable; and
(C) will implement the asbestos removal
project if RACM is present.
(17) For an emergency renovation operation:
(A) the date and hour that the emergency
occurred;
(B) a description of the
sudden, unexpected event; and
(C)
an explanation of how the event caused an unsafe condition or would cause
equipment damage.
(18)
The name, address, electronic mail address, and telephone number of the waste
transporter.
(e) When
the stripping or removal of RACM in demolition or renovation operations
described in section 1(b) or 1(d) of this rule will begin on a date:
(1) after the date specified in the original
or the most recent revised notification, the owner or operator shall provide
written notification of the new stripping or removal start date to the
department:
(A) postmarked at least five (5)
working days; or
(B) delivered at
least two (2) working days;
before the start date of asbestos stripping or removal specified in the notification that is being revised; or
(2) earlier than the date
specified in the original or the most recent revised notification, the owner or
operator shall provide written notification of the new stripping or removal
start date to the department postmarked or delivered at least ten (10) working
days before the new start date of asbestos stripping or removal work
begins.
(f) When the
demolition described in section 1(b) of this rule, including the demolition of
facilities with no asbestos, will begin on a date:
(1) after the date specified in the original
or the most recent revised notification, the owner or operator shall provide
written notification of the new demolition start date to the department:
(A) postmarked at least five (5) working
days; or
(B) delivered at least two
(2) working days;
before the start date of demolition specified in the notification that is being revised; or
(2) earlier than the date specified in the
original or the most recent revised notification, the owner or operator shall
provide written notification of the new demolition start date to the department
postmarked or delivered at least ten (10) working days before the new start
date of demolition.
(g)
RACM removal work or any other activity, including site preparation, that would
break up, dislodge, or similarly disturb asbestos material, or demolition
activities must not begin on a date other than the date contained in the most
recent written notification.
*This document is incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
Notes
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