MONTGOMERY COUNTY ASBESTOS REGULATIONS

HAZARDOUS AIR POLLUTION CONTROL REGULATION (Regulation 150)

153.01 - Purpose

The purpose of Regulation 150.0 of the Sanitary Regulations of the Montgomery County Combined General Health District, entitled " Hazardous Air Pollution Control Regulation" ("Regulation 150") is to protect the health and safety of the citizens of Montgomery County from certain air contaminants which are hazardous to the public health but for which no ambient air quality standard is applicable, and which, in the judgment of the Administrator of the United States Environmental Protection Agency and as confirmed by the Health Commissioner of Montgomery County Combined General Health District, , causes or contributes to air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

153.02 - Definitions

1. ACTIVE WASTE DISPOSAL SITE means any disposal site other than an inactive site.
2. ADEQUATELY WETTED means sufficiently mixed or coated with water or an aqueous solution to prevent dust emissions.
3. AMBIENT AIR means that portion of the atmosphere outside of buildings and other enclosures, stacks, or ducts, which surrounds human, plant, or animal life, or property.
4. ASBESTOS means actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite, or any combination thereof.
5. ASBESTOS-CONTAINING WASTE MATERIAL means any waste which contains asbestos, including bags or containers which previously contained asbestos.
6. ASBESTOS CONTAINING MATERIAL means asbestos or any material containing asbestos.
7. COMMERCIAL ASBESTOS means any asbestos that is extracted from asbestos ore.
8. DEMOLITION means the wrecking or taking out of any load-supporting structural member and/or any removing or stripping of friable asbestos material from a building, structure, facility or installation.
9. EMERGENCY RENOVATION means a renovation operation that results from a sudden unexpected event and is not a planned renovation.
10. FABRICATING means any processing of a manufactured product that contains commercial asbestos.
11. FACILITY means any building, structure, installation, operation, or combination thereof, which contains one or more sources of friable asbestos.
12. FACILITY COMPONENT means any pipe, duct, boiler, tank, reactor, turbine, or furnace at or in a facility or any structural member of a facility.
13. FRIABLE ASBESTOS MATERIAL means any material that contains more than 1% asbestos by weight that can be crumbled, pulverized, or reduced to powder when dry.
14. HEALTH COMMISSIONER is the person occupying the office created by Section 3709.11 and Section 3709.14 of the Ohio Revised Code or his/her authorized representative.
15. HEPA FILTER means a high efficiency particulate air filter certified by the manufacturer to have a collection efficiency of not less than 99.97 percent when challenged with 0.3 micrometer dioctylphthalate particles.
16. INACTIVE WASTE DISPOSAL SITE means any disposal site or portion of it where additional asbestos- containing waste material will not be deposited and where the surface will not be disturbed by vehicular traffic.
17. INSPECTION PORT means a clear unobstructed plate of acrylic, or other suitable material, with a minimum dimension of one square foot to be accessible by persons authorized to inspect or supervise an asbestos hazard abatement activity without requiring entry to a contaminated zone.
18. MANUFACTURING means the combining of commercial asbestos (or, in the case of woven friction products, the combining of textiles containing commercial asbestos) with any other material (s), including commercial asbestos, and the processing of this combination into a product.
19. OWNER OR OPERATOR means any person who owns, leases, operates, controls, or supervises a source.
20. PARTICULATE ASBESTOS MATERIAL means finely divided particles of asbestos material.
21. PERSON means an individual, corporation, partnership, association, state, municipality, political subdivision of a state, and any agency, department, or instrumentality of the United States and any officer, agent or employee thereof.
22. PLANNED RENOVATION means a renovation operation, or a number of such operation, in which the amount of friable asbestos material that will be removed or stripped within a given period of time can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time, not to exceed one year, based on operating experience.
23. RENOVATION means the tripping or removing of friable asbestos materials from any facility component.
24. ROADWAYS means surfaces on which motor vehicles travel, including but not limited to, highways, roads, streets, parking areas, and driveways.
25. SMALL JOB means a demolition or renovation of any of the following facilities which involves the removal of less than 50 square feet, 50 linear feet, or any combination thereof, of friable asbestos: any institutional, commercial, or industrial facility, or any apartment building having 4 or more dwelling units.
26. SOURCE means any building, structure, facility, operation, installation, other physical facility, or real or personal property that emits or may emit friable asbestos.
27. STRIPPING means taking off friable asbestos materials from any facility component.
28. STRUCTURAL MEMBER means any load-supporting member of a facility, such as beams and load supporting walls, or any nonload-supporting member, such as ceilings and nonload-supporting walls.
29. VISIBLE EMISSIONS means any emissions containing particulate asbestos material that are visually detectable without the aid of instruments. This does not include condensed uncombined water vapor.

153.03 - Roadways

The surfacing of roadways with asbestos tailings or with asbestos-containing waste is prohibited. The deposition of asbestos tailings or asbestos-containing wastes on roadways covered with snow or ice is considered surfacing.

153.04 - Manufacturing

(A) - This section applies to the following manufacturing operations using commercial asbestos:

The manufacture of:

(1) - cloth, cord, wicks, tubing, tape, twine, rope, thread, yarn, roving, lap, or other textile materials

(2) - cement products

(3) - fireproofing and insulating materials

(4) - friction products

(5) - paper, millboard and felt

(6) - floor tile

(7) - paints, coatings, caulks, adhesives and sealants

(8) - plastic and rubber materials

(9) - chlorine

(10) - shotgun shell wads

(11) - asphalt concrete

(12) - any other products using commercial asbestos

(B) Each owner or operator of a manufacturing operation shall either:

(1) - Discharge no visible emissions to the ambient air from these operations or from any building or structure in which they are conducted, or

(2) - Use the methods specified by Section 153.14 to clean emissions from these operations containing particulate asbestos material before they escape to or are vented to the ambient air.

153.05 - Demolition and Renovation: Applicability

(A)

Unless specifically exempted under paragraph (B) of this section, this Regulation shall apply to all institutional, commercial, industrial and apartment buildings and to all single and multi-family residences from which friable asbestos will be removed.

(B)

The following facilities which contain less than 50 square or linear feet, or any combination thereof, of friable asbestos to be removed are exempted from all requirements of this Regulation: (1) apartment buildings with fewer than 4 dwelling units: and (2) single and multi-family residences. No part of this Regulation, however, shall exempt any person from the requirements set forth in Section 126.0 ("Air Pollution Nuisances Prohibited") of the Montgomery County Combined General Health District Air Pollution Control Regulation.

153.06 - Demolition and Renovation: Notification Requirements

(A)

Except as provided in subparagraphs 1, 2 or 3 of this paragraph, each owner or operator of a facility to which this Regulation applies shall provide the Health Commissioner with written notice of intention to demolish or renovate at least 10 working days before the commencement of the activity.

(1)

Written notice of any planned renovation of a small job shall be provided to the Health Commissioner as early as possible prior to the commencement of the activity.

(2)

Written notice of any emergency renovation shall be provided to the Health Commissioner as early as possible but not later than three ("3") days after the commencement of the activity.

(3)

In the case of a renovation, the 10 working day notice requirement may be reduced to 5 days upon written consent of the Health Commissioner and payment of a fee which shall be established by the Board of Health for such purpose.

(B)

All notifications required by this section shall contain the following information:

(1)

Name, address and telephone number of the owner or operator of the property;

(2)

Name, address and telephone number of the asbestos abatement hazard abatement contractor or subcontractor;

(3)

Designation of the operation as a Demolition, Planned Renovation, Emergency Renovation, or Ordered Demolition.

(4)

Description of the facility being demolished or renovated, the address of the facility being demolished or renovated, and the specific location (s) within the facility from where the friable asbestos will be removed;

(5)

Estimate of the approximate amount of friable asbestos material to be removed from the facility in terms of linear feet of pipe, and surface area on other facility components;

(6)

Scheduled starting and completion dates of the demolition and/or renovation;

(7)

Method of demolition or renovation to be used;

(8)

Procedures to be used to insure compliance with the requirements of Regulation 150;

(9)

Name and location of the waste disposal site where the friable asbestos waste materials will be deposited;

(10)

For emergency renovation, an explanation as to why the renovation is considered to be an emergency.

(C)

All notices required by this section shall be signed by the owner or operator of the facility, or on behalf of the owner or operator by his/her authorized agent. All notices required by this section shall also be signed by: (1) an Asbestos Hazard Evaluation Specialist or Asbestos Hazard Abatement Specialist certified by the State of Ohio pursuant to Ohio Revised Code Chapter 3710 to perform evaluations for the purpose of identifying friable asbestos-containing materials; or (2) any person with equivalent knowledge and training as determined by the Health Commissioner. The signature shall constitute personal affirmation that the facility subject to notification has been inspected for the purpose of identifying and quantifying friable asbestos-containing materials and that the statements or assertions of fact made in the notice are true and complete, and shall subject the signatory to liability under applicable laws prohibiting false or misleading statements.

(D)

Following the submission of any notice required by this section, the owner or operator shall immediately inform the Health Commissioner of any of the types of changes set forth below and shall submit an Amended Written Notification within two ("2") days following any change. The types of changes requiring such notification are:

1.

Any friable asbestos materials which will be removed during the demolition or renovation that exceed the amounts stated in the original notice;

2.

Any deviation in the demolition or renovation schedule or in the methods to be used for asbestos removal or disposal;

3.

Any change in the owner or operator of the facility;

4.

Any change in the name or location of the waste disposal site.

5.

Any change in the Asbestos Hazard Abatement Contractor.

153.07 - Demolition and Renovation: Procedures for Asbestos Emission Control

Each owner or operator to whom this Regulation applies shall comply with the following procedures to prevent emissions of particulate asbestos material to the ambient air:

(A)

Each owner or operator shall have on site throughout all phases of the abatement activity an Asbestos Hazard Abatement Specialist certified by the State of Ohio pursuant to Ohio Revised Code Chapter 3710 or other person with equivalent knowledge and training as determined by the Health Commissioner.

(B)

Each owner or operator shall remove all friable asbestos materials from a facility being demolished or renovated before any wrecking or dismantling that would break up the materials or preclude access to the materials for subsequent removal. However, friable asbestos materials need not be removed before demolition if:

1.

They are on a facility component that is encased in concrete or other similar material; and

2.

These materials are adequately wetted whenever exposed during demolition.

(C)

When facility components covered or coated with friable asbestos materials are being taken out of the facility as units or in sections, each owner or operator shall:

1.

Adequately wet any friable asbestos materials exposed during cutting or disjoining operations; and

2.

Carefully lower the units or sections to the ground level or a lower floor without dropping or throwing them; and

3.

Adequately wet any friable asbestos materials during stripping after a facility component has been removed in units or in sections from a facility; and

4.

Keep the materials adequately wet until the materials are collected for disposal in accordance with section 153. 11 of this Regulation.

(D)

When friable asbestos materials are being stripped from facility components before the components are removed from the facility, each owner or operator shall;

1.

Adequately wet the friable asbestos materials during stripping; and

2.

Carefully lower the materials to the ground level or a lower floor without dropping or throwing them; and

3.

Transport the materials to the ground level using closed dust-tight containers if the materials were removed or stripped more than 50 feet above ground level and were not removed as units or sections; and

4.

Keep the materials adequately wet until the materials are collected for disposal in accordance with section 153.11 of this Regulation.

(E)

In renovation operations, wetting that would unavoidably damage facility components or equipment is not required provided the owner or operator complies with the following:

1.

Before beginning to remove the friable asbestos material, submission of a written request to the Health Commissioner which contains adequate information to allow the Health Commissioner to determine whether wetting to comply with this section would unavoidably damage facility components or equipment; and

2.

Compliance with any additional terms and conditions which the Health commissioner determines are appropriate or necessary to prevent the release of particulate asbestos material to the ambient air; and

3.

Upon receiving written approval from the Health Commissioner, use of a high efficiency ventilation and collection system that is equipped with a HEPA filter and is designed and operated to capture the particulate asbestos material produced by the stripping and removal of the friable asbestos materials. The system must either exhibit no visible emissions to the ambient air or must be designed and operated in accordance with the requirements in section 153.14.

(F)

Each owner or operator or a renovation or partial demolition shall ensure that all friable asbestos materials which are not to be removed from a facility are not damaged or disturbed by the demolition or renovation activity. Any time friable asbestos materials are exposed and cannot be kept adequately wet, the owner or operator shall immediately coat, bind or resurface the exposed materials to prevent them from becoming airborne.

(G)

Each owner or operator of a facility being demolished or renovated shall provide at least one inspection port whenever a barrier, negative air pressure containment system or other work area enclosure technique is constructed. Whenever possible, the inspection port shall be located at a height between 4 and 6 feet from the floor. The location of inspection ports shall allow for a clear view of as much of the asbestos removal work area as is feasible without requiring entry to a contaminated zone. Multiple inspection ports may be used when necessary to meet the requirements of this paragraph. A waiver of the requirements of this paragraph may be granted on a case-by-case basis if the Health commissioner determines that it is impossible to provide an inspection port.

153.08 - Spraying

(A)

Except as provided in paragraph (B) of this section, the owner or operator of an operation in which asbestos-containing materials are spray-applied shall comply with the following requirements:

1.

Use materials that contain 1% asbestos or less on a dry weight basis for spray-on application on buildings, structures, pipes, and conduits; and

2.

Notify the Health Commissioner at least 20 days before beginning the spraying operation. Include the following information in the notice:

(i)

Name and address of the owner or operator;

(ii)

Address or location of spraying operation;

(iii)

Composition of the spray material;

(iv)

Procedures to be followed to meet the requirements of this Regulation.

3.

Discharge no visible emissions to the ambient air from the spray-on application of the asbestos-containing material, or use the methods specified in section 153.14 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the ambient air.

153.09 - Fabricating

(A)

This section applies to the following fabricating operations using commercial asbestos:

1.

Cement building products;

2.

Friction products

3.

Cement or silicate board for ventilation hoods, ovens, electrical panels, laboratory furniture, bulkheads, partitions, and ceilings for marine construction, and flow control devices for the molten metal industry,

4.

Gasket products, including but not limited to, automobile gaskets.

(B)

Each owner or operator of any of the fabricating operations to which this section applies shall either:

1.

Discharge no visible emissions to the ambient air from any of the operations or from any building or structure in which they are conducted; or

2.

Use the methods specified in section 153.14 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the ambient air.

153.10 - Insulating

No owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of this section do not apply to spray-applied insulating materials regulated under section 153.08.

153.11 - Disposal of Asbestos-Containing Waste Materials from Demolition, Renovation, Manufacturing, Spraying and Fabricating Operations.

(A)

All owners and operators of any source subject to the provisions of sections 153.04, 153.07, 153.08, and 153.09 shall comply with the following requirements:

1.

There shall be no visible emissions into the ambient air during the removal, collection, processing, packaging, handling, transporting, or deposition of any asbestos-containing waste material.

2.

All asbestos-containing waste materials shall be collected while adequately wet and sealed in plastic bags having a thickness of at least 0.006 inch (6-mils). The bags shall be placed in a fiberboard or steel drums and sealed with tight-fitting lids in preparation for disposal. Alternatively, equivalent leak-tight containers may be used upon prior written approval of the Health Commissioner.

3.

All bags, drums and equivalent containers shall be labeled as follows:

CAUTION; CONTAINS ASBESTOS; AVOID OPENING OR BREAKING CONTAINER; BREATHING ASBESTOS IS HAZARDOUS TO YOUR HEALTH

Alternatively, warning labels specified by the Occupational Safety and Health Administration under 29 CFR 1926.58(K)(2) may be used.

4.

All asbestos-containing waste material deposited within the State of Ohio shall be disposed of at a waste disposal site licensed under Chapter 3734 of the Ohio Revised Code and operated in accordance with Rule 3745-20-05 of the Ohio Administrative Code.

5.

Each Owner or operator shall prepare an Asbestos Waste Disposal Record for every load of asbestos-containing waste material removed from a facility. The Asbestos Waste Disposal Record shall be prepared using a form prescribed by the Health Commissioner and shall be completed in accordance with the instructions printed on the form. Within 2 days of deposition of the load of asbestos-containing waste material at an asbestos waste disposal site, the owner or operator shall send the original form, with Part III completed by the disposal site operator, to the Health commissioner. An alternative form may be used upon prior approval by the Health Commissioner.

(B)

Rather than meet the requirements of (A)(2) through (A)(5) of this section, the owner or operator may dispose of asbestos-containing waste material using an alternative method upon prior written approval by the Health Commissioner.

153.12 - Active Waste Disposal Sites

(A)

Prior to accepting asbestos wastes, each owner or operator of an active waste disposal site shall obtain a permit to install from the Ohio EPA as required by Chapter 3745-31 of the Ohio Administrative Code and a permit to operate in accordance with the requirements of chapter 3745-35 of the Ohio Administrative Code.

(B)

No owner or operator of an active waste disposal site shall accept and/or dispose of asbestos-containing waste materials unless the materials have been packaged adequately wet in plastic bags having a thickness of at least 0.006 inch (6-mils), and placed in a fiberboard or steel drums which have been sealed with tight-fitting lids in preparation for disposal and which display a warning label for asbestos. This requirement may be met if:

1.

The asbestos material is accompanied by a completed Asbestos Waste Disposal Record or other form approved by the Health Commissioner.

2.

The load originated outside the State of Ohio, the owner or operator of the disposal site obtains a written statement from the owner or operator of the demolition or renovation that the materials have been packaged in accordance with the requirements set forth in section 153.11(A)(2) and (3) of this Regulation.

(C)

Each owner or operator of an active waste disposal site shall meet the following requirements:

1.

There shall be no visible emissions to the ambient air from the waste disposal site;

2.

Warning signs shall be installed and maintained at all entrances and at intervals of 330 feet or less along the property lines of the site or along the perimeter of the sections of the site where asbestos-containing waste material is deposited. The warning signs shall be posted in such a manner and location that they may be easily read. The signs shall be at least 20" x 14" and shall display the following legend: WARNING; ASBESTOS WASTE DISPOSAL SITE; DO NOT CREATE DUST; BREATHING ASBESTOS IS HAZARDOUS TO YOUR HEALTH

3.

The perimeter of the site shall be fenced in a manner adequate to deter access by the general public.

(D)

The requirements of (C)(2) and (C)(3) of this section may be waived if a natural barrier adequately deters access by the general public, provided the owner or operator of the waste disposal site receives prior written approval by the Health Commissioner.

(E)

As soon as possible, but no later than three hours after the deposition of the asbestos-containing waste material, such material shall be covered with at least 24 inches of non-compacted nonasbestos-containing waste material or 12 inches of compacted soil.

(F)

Each owner or operator of an active waste disposal site shall complete and sign the waste disposal site portion of the Asbestos Waste Disposal Record (or similar portion of any other form approved by the Health Commissioner) for each load of asbestos-containing waste material accepted under this Regulation.

(G)

Rather than meet the requirements of (B) through (F) of this section, the owner or operator of an active waste disposal site may use an alternative control method for emissions upon receiving prior written approval from the Health Commissioner.

153.13 - Inactive Waste Disposal Sites

(A)

Each owner or operator of an inactive waste disposal site that received deposits of asbestos - containing waste material shall comply with the following requirements:

1.

There shall be no visible emissions to the ambient air from the inactive waste disposal site:

2.

Warning sign shall be installed and maintained at all entrances and at intervals of 330 feet or less along the property lines of the site or along the perimeter of the sections of the site where asbestos-containing waste material was deposited.

The warning signs shall be posted in such a manner and location that they may be easily read. The signs shall be al least 20" x 14" and shall display the following legend: WARNING; ASBESTOS WASTE DISPOSAL SITE; DO NOT CREATE DUST; BREATHING ASBESTOS IS HAZARDOUS TO YOUR HEALTH

3.

The perimeter of the site shall be fenced in a manner adequate to deter access by the general public.

4.

The requirements of (A)(2) and (#) of this section may be waived if:

a.

Upon demonstration to the Health Commissioner that the site has been covered with al least two (2) feet of compacted nonasbestos-containing earth and is maintained with a cover of vegetation; or

b.

A natural barrier adequately deters access by the general public, provided the owner or operator of the site receives prior written approval by the Health Commissioner.

(B)

Rather than meet the requirements of paragraph (A) of this section, the owner or operator of an inactive waste disposal site may use an alternative control method for emissions upon receiving prior written approval from the Health Commissioner.

153.14 - Air Cleaning

(A)

Any owner or operator who elects to use air cleaning, as permitted by sections 153.04 (B)(2), 153.07(E)(3), 153.08(A)(3), and 153.09(B)(2) of this Regulation, shall comply with the following requirements:

1.

Use fabric filter collection devices, except as noted in paragraph (B) of this section, doing all of the following:

a.

The fabric filter collection devices must be operated at a pressure drop of no more than 0.995 kilopascals (4 inches water gage), as measured across the filter fabric; and

b.

The airflow permeability, as determined by ASTM Method D737-75, must not exceed 30 ft/min/ft for woven fabrics or 35 ft/min/ft for felted fabrics, except that 40 ft/min/ft for woven and 45 ft/min/ft for felted fabrics is allowed for filtering air from asbestos ore dryers; and

c.

The felted fabric must weigh at least 14 ounces per square yard and must be at least 1/16 inch thick throughout; and

d.

The use of synthetic fabrics that contain fill yarn other than that which is spun should be avoided.

2.

All air cleaning equipment authorized by this section shall be properly installed, used, operated, and maintained. Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material.

(B)

The following are exceptions to paragraph (A)(1):

1.

If the fabric creates a fire or explosion hazard, the Health Commissioner may authorize as a substitute the use of wet collectors designed to operate with a unit contacting energy of at least 9.95 kilopascals (40 inches water gage pressure);

2.

The Health Commissioner may authorize the use of filtering equipment other than that described in Paragraph (A)(1) and (B)(1) of this section if the owner or operator demonstrates to the Health Commissioner's satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material.

153.15 - Severability

If any section or provision of Regulation 150 or its application to any person or circumstances is held invalid, unconstitutional, void, or inoperative, such holding shall not affect other sections or provisions or other application of Regulation 150. The Board of Health hereby declares that in this regard the sections and provisions of Regulation 150 are severable and that the remaining sections or provisions of Regulation 150 would have been adopted notwithstanding such holding.