Or. Admin. Code § 340-248-0260 - Emission Standards and Procedural Requirements: Asbestos Abatement Notification Requirements
(1) Except
as provided under OAR
340-248-0250, written
notification of an asbestos abatement project must be submitted to DEQ on a
DEQ-approved form, accompanied by the appropriate fee. The notification must be
submitted by the facility owner or operator, the owner or operator of a
demolition or renovation activity, or by the contractor as required by sections
(2) through (5) of this rule, except as provided in sections (6), (7), and (8).
A notification revision must be submitted by the facility owner or operator,
the owner or operator of a demolition or renovation activity, or the contractor
in accordance with section (10) of this rule.
(2) DEQ must receive notifications as
specified in section (5) of this rule and the project notification fee at least
10 days before beginning a friable asbestos abatement project and at least five
days before beginning a nonfriable asbestos abatement project.
(a) The project notification fee is:
(A) $130 for each project that will abate
less than 40 linear feet or 80 square feet of asbestos-containing material, is
at a residential building, or is a nonfriable asbestos abatement project not
subject to paragraph (K).
(B) $260
for each project that will abate more than or equal to 40 linear feet or 80
square feet but less than 260 linear feet or 160 square feet of
asbestos-containing material.
(C)
$519 for each project that will abate more than or equal to 260 linear feet or
160 square feet, and less than 1300 linear feet or 800 square feet of
asbestos-containing material.
(D)
$682 for each project that will abate more than or equal to 1300 linear feet or
800 square feet, and less than 2600 linear feet or 1600 square feet of
asbestos-containing material.
(E)
$1,168 for each project that will abate more than or equal to 2600 linear feet
or 1600 square feet, and less than 5000 linear feet or 3500 square feet of
asbestos-containing material.
(F)
$1,363 for each project that will abate more than or equal to 5000 linear feet
or 3500 square feet, and less than 10,000 linear feet or 6000 square feet of
asbestos-containing material.
(G)
$2,206 for each project that will abate more than or equal to 10,000 linear
feet or 6000 square feet, and less than 26,000 linear feet or 16,000 square
feet of asbestos-containing material.
(H) $3,634 for each project that will abate
more than or equal to 26,000 linear feet or 16,000 square feet, and less than
260,000 linear feet or 160,000 square feet of asbestos-containing
material.
(I) $4,542 for each
project that will abate more than 260,000 linear feet or 160,000 square feet of
asbestos-containing material.
(J)
$973 for annual notifications for friable asbestos abatement projects that will
abate 40 linear feet or 80 square feet or less of asbestos-containing
material.
(K) $649 for annual
notifications for nonfriable asbestos abatement projects performed at schools,
colleges, and facilities.
(b) Project notification fees must accompany
the project notification form. Notification has not occurred until DEQ receives
the completed notification form and appropriate fee.
(c) DEQ may waive the 10-day and the five-day
notification requirement in section (2) of this rule in emergencies that
directly affect human life, health, and property. This includes:
(A) Emergencies where there is an imminent
threat of loss of life or severe injury;
(B) Emergencies where the public is
potentially exposed to air-borne asbestos fibers; and
(C) Emergencies where significant property
damage will occur if repairs are not made immediately.
(d) DEQ may waive the 10-day and the five-day
notification requirement in section (2) of this rule for asbestos abatement
projects that were not planned, resulted from unexpected events, and will cause
damage to equipment or impose unreasonable financial burden if not performed
immediately. This includes the non-routine failure of equipment.
(e) In either subsection (c) or (d) of this
section persons responsible for such asbestos abatement projects must submit an
emergency or unexpected event abatement request to DEQ before starting work or
by 9:00 am of the next working day if the work was performed on a weekend,
evening, or holiday. The request must include a copy of the completed and
appropriate notification form. Notification as specified in section (5) of this
rule and the appropriate fee must be submitted to DEQ within three days of
starting emergency or unexpected event asbestos abatement projects.
(f) The duration of an asbestos abatement
notification may not exceed one year beyond the original starting date. The
project starting and completion date provided in a notification for an asbestos
abatement project must be commensurate with the amount of asbestos-containing
material involved. If a project exceeds one year in duration, a new
notification must be provided as described in this rule, including payment of a
new notification fee.
(3) The facility owner or operator, the owner
or operator of a demolition or renovation activity, or the contractor may
submit annual notification for friable asbestos abatement projects where no
more than 40 linear or 80 square feet of asbestos-containing material is
removed at each project. Friable asbestos abatement projects subject to an
annual notification may be conducted at multiple facilities by a single
licensed asbestos contractor, or at a facility that has a centrally controlled
asbestos operation and maintenance program where the facility owner uses
appropriately trained and certified personnel to remove asbestos. The
contractor owner or operator must submit the notification as follows:
(a) Establish eligibility for use of this
notification procedure with DEQ prior to use.
(b) The notification must contain the
information specified in subsections (5)(a) through (5)(i) of this rule to the
extent possible.
(c) Provide to DEQ
on a DEQ form a summary report of all asbestos abatement projects conducted in
the previous three months by the 15th day of the month following the end of the
calendar quarter. The summary report must include the information specified in
subsections (5)(i) through (5)(l) of this rule for each project.
(d) Provide to DEQ, upon request, a list of
asbestos abatement projects that are scheduled or are being conducted at the
time of the request.
(e) Submit
project notification and fee prior to use of this notification
procedure.
(f) Failure to provide
payment for use of this notification procedure will void the notification and
each subsequent abatement project will be individually assessed a project
notification fee.
(4)
Annual nonfriable asbestos abatement projects may only be performed at schools,
colleges, and facilities where certified asbestos abatement workers perform the
removal work. Submit the notification as follows:
(a) Establish eligibility for use of this
notification procedure with DEQ prior to use.
(b) The notification must contain the
information specified in subsections (5)(a) through (5)(i) of this rule to the
extent possible.
(c) Provide to DEQ
on a DEQ form, a summary report of all nonfriable asbestos abatement projects
conducted in the previous three months by the 15th day of the month following
the end of the calendar quarter. The summary report must include the
information specified in subsections (5)(i) through (5)(l) of this rule for
each project.
(d) Submit project
notification and fee before using this notification procedure.
(e) Failure to provide payment for use of
this notification procedure will void the notification and DEQ will
individually asses each subsequent nonfriable abatement project a project
notification fee.
(f) Provide to
DEQ, upon request, a list of nonfriable asbestos abatement projects that are
scheduled or are being conducted at the time of the request.
(5) The following information must
be provided for each notification:
(a) Name,
phone number, and address of person conducting asbestos abatement
project.
(b) The Oregon asbestos
abatement contractor's license number and certification number of the
supervisor for the asbestos abatement project or, for nonfriable asbestos
abatement projects, the name of the supervising person that meets Oregon OSHA's
competent person qualifications as required in
29 C.F.R.
1926.1101(b), adopted by
reference under OAR 437-003-0001(25).
(c) Method of asbestos abatement to be
employed.
(e) Names, addresses, and phone numbers of
waste transporters.
(f) Name and
address or location of the permitted disposal site where the
asbestos-containing waste material will be deposited.
(g) Description of asbestos disposal
procedure.
(h) Description of
building, structure, facility, installation, vehicle, equipment, or vessel to
be demolished or renovated, including:
(A)
The construction or manufacture date, and the present and prior use of the
facility; and
(B) Address or
location where the asbestos abatement project is to be accomplished, including
building, floor, and room numbers.
(i) Full name, address, and phone number of
the owner or operator of a demolition or renovation activity.
(j) Starting and completion dates of asbestos
abatement work.
(k) Description of
the asbestos-containing material, type of asbestos, percent asbestos, and
location of the asbestos-containing material.
(l) Amount of asbestos-containing material to
be abated: linear feet or square feet.
(m) For facilities described in OAR
340-248-0270(8)(f)
provide the name, title and authority of the State or local government official
who ordered the demolition, date the order was issued, and the date demolition
is to begin.
(n) Other information
requested on the DEQ form.
(6) The project notification fees specified
in this section will be increased by 50% when an asbestos abatement project is
commenced without filing a project notification, submittal of a notification
fee, or when notification is provided less than 10 days or five days prior to
commencement of work, as applicable, under subsections (2)(c) and (d) of this
rule.
(7) DEQ may waive part or all
of a notification fee, on a case-by-case basis, based upon financial hardship.
Requests for waiver of fees must be made in writing to DEQ. Applicants for
waivers must describe the reason for the request and certify financial
hardship.
(8) Subject to OAR
340-200-0010(3),
a regional authority may adopt project notification fees for asbestos abatement
projects in different amounts than are set forth in this rule. The regional
authority will base the fees on its costs in carrying out the delegated
asbestos program. The regional authority may collect, retain, and expend such
project notification fees for asbestos abatement projects within its
jurisdiction.
(9) Notification fee
refunds. DEQ will consider a refunding a notification fee only as this section
provides. A request for a refund of fees must be made in writing to DEQ, and
must be submitted prior to the project's original start date. DEQ will not
consider a refund request that does not include all required information
described in this section. If DEQ receives a complete request for refund under
this section, then DEQ may refund the notification fee the requestor paid if it
determines that a refund is warranted based on the reason the refund is
requested. Requests for refunds must include the following written information
and documentation:
(a) A description of the
reason that a refund is requested;
(b) A copy of the original notification and
the most recent revision;
(c) Proof
that the requester was awarded the contract for the project prior to submitting
the notification to DEQ;
(d)
Verification of payment to DEQ; and
(e) Proof that asbestos-containing material
or asbestos-containing waste material was present at the project site, such as
laboratory results, or when material was assumed to be asbestos-containing and
treated as such in order to avoid survey and laboratory costs, a depiction of
the material.
(10) DEQ
must receive notification revisions before changes are made to the start date
or completion date of the project or immediately upon discovery that other
changes to the project notification form are necessary. A notification of a
revision under this section must indicate that it is a revised
notification.
Notes
Statutory/Other Authority: ORS 468 & 468A
Statutes/Other Implemented: ORS 468.020 & 468A.025
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.