10 CSR 10-6.241 - Asbestos Projects-Registration, Abatement, Notification, Inspection, Demolition, and Performance Requirements
If the commission adopts this rule action, the department does not intend to submit this rule amendment to the U.S. Environmental Protection Agency because the rule is administrative and the rule has never been approved as part of the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources' Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources' Proposed Rules website www.dnr.mo.gov/proposed-rules.
PURPOSE: This rule requires asbestos contractors to register with the department, to notify the department of each asbestos project, to allow the department to inspect asbestos projects, and to pay inspection fees. Each person who intends to perform asbestos projects in Missouri must register annually with the Missouri Department of Natural Resources' Air Pollution Control Program. Any person undertaking a demolition or asbestos project must submit a notification to the appropriate agency of the department for each asbestos project and each notification must be accompanied by a fee. Asbestos contractors must allow representatives of the department to conduct inspections of projects and must pay inspection fees. This proposed amendment will remove an erroneous reference to 10 CSR 10-6.030(23) and replace it with a reference to 10 CSR 10-6.080(3)(A), where 40 CFR 61 subpart M is appropriately incorporated by reference. The incorporation by reference of 40 CFR 61 subpart M is being removed from 10 CSR 10-6.030(23) to address U.S. Environmental Protection Agency (EPA) concerns regarding the incorporation by reference of certain federal regulations. This proposed amendment will also remove obsolete dates and fees, and update the acceptable methods of submitting asbestos project notification and amendment forms. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is an EPA comment letter dated September 18, 2018.
(1)
Applicability.
(A) This rule applies to-
1. All persons that authorize, design,
conduct, and work in asbestos projects; and
2. All persons that undertake demolitions or
monitor air-borne asbestos and dispose of asbestos waste as a result of
asbestos projects.
(B)
Exemptions. The department may exempt a person from registration,
certification, and certain notification requirements provided the person
conducts asbestos projects solely at the person's own place of business as part
of normal operations in the facility and also is subject to the requirements
and applicable standards of the United States Environmental Protection Agency
(EPA) and United States Occupational Safety and Health Administration (OSHA)
29 CFR
1926.1101 promulgated as of July 1, 2018 and
are hereby incorporated by reference as published by the Office of the Federal
Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710
N. Capitol Street N W, Washington, DC 20401. This rule does not incorporate any
subsequent amendments or additions. This exemption shall not apply to asbestos
contractors, to those subject to the requirements of the Asbestos Hazard
Emergency Response Act (AHERA), and to those persons who provide a service to
the public in their place(s) of business as the economic foundation of the
facility. These shall include, but not be limited to, child day-care centers,
restaurants, nursing homes, retail outlets, medical care facilities, hotels,
and theaters. Business entities that have received state approved exemption
status shall comply with all federal air sampling requirements for their
planned renovation operations. The Asbestos Hazard Emergency Response Act as
published by the Department of Commerce and Trade October 1986 is incorporated
by reference in this rule. Copies can be obtained from the National Technical
Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161. This
rule does not incorporate any subsequent amendments or
additions.
(2)
Definitions.
(A) Asbestos-The asbestiform
varieties of serpentinite (chrysotile), riebeckite (crocidolite),
cummingtonite-grunerite, anthophyllite, and actinolitetremolite.
(B) Asbestos abatement-The encapsulation,
enclosure, or removal of asbestos-containing materials, in or from a facility,
or air contaminant source; or preparation of regulated asbestos-containing
material prior to demolition or renovation.
(C) Asbestos inspector- An individual who
collects and assimilates information used to determine the presence and
condition of asbestos-containing material in a facility or other air
contaminant source. An asbestos inspector has to hold a diploma from a fully-
approved EPA or Missouri-accredited AHERA inspector course and a high school
diploma or its equivalent.
(D)
Demolition-The wrecking or taking out of any load-supporting structural member
of a facility together with any related handling operations or the intentional
burning of any facility.
(E)
Regulated asbestos-containing material (RACM)-Defined as follows:
1. Friable asbestos material;
2. Category I nonfriable ACM that has become
friable;
3. Category I nonfriable
ACM that will be or has been subjected to sanding, grinding, cutting, or
abrading; or
4. 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 regulated by this
paragraph.
(F)
Definitions. Definitions of certain terms specified in this rule, other than
those defined in this rule section, may be found in
10 CSR
10-6.020.
(3) General Provisions.
(A) Registration.
1. Any person that conducts an asbestos
project shall register with the department. Business entities that qualify for
exemption status from the state must reapply for exemption from
registration.
2. The person shall
apply for registration renewal on an annual basis, and two (2) months before
the expiration date shall send the application to the department for
processing. The contractor registration application or business exemption
information shall be submitted on the forms provided by the
department.
3. Annually, the person
submitting a registration application to the department shall remit a
nonrefundable fee of two thousand six hundred fifty dollars ($2,650) to the
department.
4. To determine
eligibility for registration and registration renewal, the department may
consider the compliance history of the applicant as well as that of all
management employees and officers. The department may also consider the
compliance record of any other entity of which those individuals were officers
and management employees.
5.
Registration may be denied for any one (1) or more of the following reasons:
A. Providing false or misleading statements
in the application;
B. Failure to
submit a complete application;
C.
Three (3) or more citations or violations of existing asbestos regulations
within the last two (2) years;
D.
Three (3) or more violations of
29 CFR
1910.1001 or 29 CFR 1926.1101 within the last
two (2) years;
E. Fraud or failure
to disclose facts relevant to their application; and
F. Any other information which may affect the
applicant's ability to appropriately perform asbestos
work.
(B)
Abatement Procedures and Practices.
1.
Asbestos project contractors shall use only individuals that have been
certified by the department in accordance with
10 CSR
10-6.250 and Chapter 643, RSMo on asbestos abatement
projects.
2. At each asbestos
project site the person shall provide the following information for inspection
by the department:
A. Proof of current
departmental registration;
B. Proof
of current departmental occupational certification for those individuals on the
project;
C. Most recent available
air sampling results;
D. Current
photo identification for all applicable individuals engaged in the project;
and
E. Proof of passage of the
training course for the air sampling technicians and photo identifications for
air sampling technicians.
(C) Revocation of Registration. The director
may deny, suspend, or revoke any person's registration obtained under section
(3) of this rule if the director finds the person in violation of sections
643.225- 643.250, RSMo or Missouri rules 10 CSR 10-6.241 or
10 CSR
10-6.250 or any applicable federal, state, or local
standard for asbestos abatement projects.
(D) Any person that authorizes an asbestos
project, asbestos inspection, or any AHERA-related work shall ensure that
Missouri registered contractors and certified individuals are employed, and
that all post-notification procedures on the project are in compliance with
this rule and 10 CSR 10-6.250 and Chapter 643,
RSMo. Business entities that have exemption status from the state are exempt
from using registered contractors and from post-notification requirements, when
performing in-house asbestos abatement projects.
(E) Asbestos Project Notification. Any person
undertaking an asbestos project shall submit a notification to the department
for review at least ten (10) working days prior to the start of the project.
Business entities with state-approved exemption status are exempt from
notification except for those projects for which notification is required by
the EPA's National Emission Standards for Hazardous Air Pollutants (NESHAPS).
The department may waive the ten (10)-working day review period upon request
for good cause. To apply for this waiver, the person shall complete the
appropriate sections of the notification form provided by the department. The
person who applies for the ten (10)-working day waiver must obtain approval
from the department before the project can begin.
1. The person shall submit the notification
by email, U.S. Postal Service, FAX, or commercial delivery on the form provided
by the department.
2. If an
amendment to the notification is necessary, the person shall notify the
department immediately by email, U.S. Postal Service, commercial delivery, or
FAX.
3. Asbestos project
notifications shall state actual dates and times of the project, the on-site
supervisor, and a description of work practices. If the person must revise the
dates and times of the project, the person shall notify the department and the
regional office or the appropriate local delegated enforcement agency at least
twenty-four (24) hours in advance of the change by email, U.S. Postal Service,
commercial delivery, or FAX.
4. A
nonrefundable notification fee of two hundred dollars ($200) will be charged
for each project constituting one hundred sixty (160) square feet, two hundred
sixty (260) linear feet, or thirty-five (35) cubic feet or greater. If an
asbestos project is in an area regulated by an authorized local air pollution
control agency, and the person is required to pay notification fees to that
agency, the person is exempt from paying the state fees. Persons conducting
planned renovation projects determined by the department to fall under EPA's 40
CFR part 61 subpart M as specified in
10 CSR
10-6.080(3)(A) must pay this fee and
the inspection fees required in subsection (3)(F) of this rule.
5. Emergency project. Any person undertaking
an emergency asbestos project shall notify the department within twenty-four
(24) hours of the onset of the project by telephone or by email and must
receive departmental approval of emergency status. Business entities with
state-approved exemption status are exempt from emergency notification for
state-approved projects that are part of a NESHAPS planned renovation annual
notification. If the emergency occurs after normal working hours or weekends,
the person shall contact the Environmental Services Program. The notice shall
provide-
A. A description of the nature and
scope of the emergency;
B. A
description of the measures immediately used to mitigate the emergency;
and
C. A schedule for removal.
Following the emergency notice, the person shall provide to the director a
notification on the form provided by the department and submit it to the
director within seven (7) days of the onset of the emergency. The amendment
requirements for notification found in subsection (3)(E) of this rule are
applicable to emergency projects.
(F) Inspections. There shall be a charge of
two hundred dollars ($200) per inspection for the first two (2) inspections of
any asbestos project. The department or the local delegated enforcement agency
shall bill the person for that inspection(s) and the person shall submit the
fee(s) within sixty (60) days of the date of the invoice, or sooner, if
required by a local delegated enforcement agency within its area of
jurisdiction.
(G) All information
required under this rule must be submitted on the appropriate forms and contain
accurate, legible information. Failure to provide the required information,
failure to submit legible information, submission of false information or
failure to provide complete information as required, shall be a violation of
this rule and may result in the director's denial or revocation of the forms
submitted.
(H) Failure to comply
with this rule is a violation of this rule and Chapter 643, RSMo. Compliance
with this rule does not relieve the participants from compliance with any other
applicable federal and state rules, laws, standards or building
codes.
(I) Demolition. A
nonrefund-able notification fee of one hundred dollars ($100) will be charged
for each demolition regulated under
10 CSR
10-6.080. If a demolition is in an area regulated by
an authorized local air pollution control agency and the person is required to
pay notification fees to that agency, the person is exempt from paying the
state fees.
(4)
Reporting and Record Keeping.
(A)
Post-Notification.
1. Any person undertaking
an asbestos project that requires notification according to subsection (3)(E)
of this rule, on the department-provided form shall notify the department
within sixty (60) days of the completion of the project. This notice shall
include a signed and dated receipt for the asbestos waste generated by the
project issued by the landfill named on the notification and any final
clearance air monitoring results. The technician performing the analysis shall
sign and date all reports of analyses.
2. Business entities are exempt from
post-notification requirements, but have to keep records of waste disposal for
department inspection.
(B) Additional Record Keeping. The contractor
and the owner shall keep the air monitoring results for three (3) years and
make the results available to representatives of the department upon request.
All AHERA projects shall comply with E PA air monitoring requirements in 40 CFR
part 763 promulgated as of July 1, 2018 and are hereby incorporated by
reference as published by the Office of the Federal Register. Copies can be
obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street N W,
Washington, DC 20401. This rule does not incorporate any subsequent amendments
or additions.
(5) Test
Methods. (Not Applicable)
Notes
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