LDEQ Protocol to Comply with the LESHAP Regulations Jodi G. Miller, LDEQ and David Eppler, USEPA March 15 & 16, 200

1. LDEQProtocol to Comply with the LESHAP RegulationsJodi G. Miller, LDEQand David Eppler, USEPAMarch 15 & 16, 2006

2. LDEQProtocol to Comply with the LESHAP Regulations Background On August 29, 2005, Hurricane Katrina struck southeast Louisiana as a strong Category 4 Hurricane with maximum sustained winds of approximately 143 mph and gusts up to 165 mph. The parishes of Orleans, St. Bernard and Plaquemines were flooded by excessive rain and a storm surge of 20-30 ft, overtopping levees, and ultimately causing the breach of some of the levees. On August 31st, 2005, 80% of New Orleans was under flood waters as a result of the breached levees. Other badly affected parishes were St. Tammany, Lafourche, St. John the Baptist, Jefferson, Washington, and Terrebonne. In all, 25 parishes were affected.

3. Hurricane Katrina’s Path of Destruction LDEQProtocol to Comply with the LESHAP Regulations

4. LDEQProtocol to Comply with the LESHAP Regulations Rita Background Less than one month later, on September 23-24, 2005, Hurricane Rita moved through the Gulf of Mexico to strike southwest Louisiana and southeast Texas, with 120-mph winds and a 20-foot wall of water. 19 parishes in all were affected. Those hit worse were: Cameron, Calcasieu, Vermilion, Iberia, St. Mary, and Jeff Davis.

5. LDEQProtocol to Comply with the LESHAP Regulations

6. NESHAP Matrix(residential structures of 4 units or less- no condos, apartments or commercial buildings) • TYPE OF STRUCTURE • Unsound structure (structure subject to a governmental demolition order for which a thorough inspection is not required) • ACTIVITY • Inspection • NESHAP • A thorough inspection is not required due to structure being structurally unsound and in imminent danger of collapse, moved off its foundation, or uninhabitable. • FLEXIBILITY WITH NAA LETTER – (next slide)

7. NESHAP Matrix(residential structures of 4 units or less - no condos, apartments or commercial buildings) • FLEXIBILITY WITH NAA LETTER • Unsound structure definition expanded to include homes that are structurally unsound or moved off their foundation but not necessarily in danger of imminent collapse (2/3/06 - 2/3/07) • Government issued demolition orders for groups of covered residences (e.g. a block, sub-division, or other appropriate geographic area) the same as an order based on individual determination (2/3/06 - 2/3/07) • Unsound structures definition expanded to include homes that are uninhabitable for other environmental reasons. (2/24/06 - 2/24/07).

8. NESHAP Matrix(residential structures of 4 units or less- no condos, apartments or commercial buildings) • TYPE OF STRUCTURE • Unsound structure (structure subject to a governmental demolition order for which a thorough inspection is not required) • ACTIVITY • Pre-demolition • NESHAP • Regulated ACM removal not possible due to condition of structure • Exterior ACWM may be removed (by licensed contractor) if no visible emissions are generated, but all waste (both ACWM and all other material from the remaining standing structure) must be disposed of in a NESHAP compliant landfill • FLEXIBILITY WITH NAA LETTER - None

9. NESHAP Matrix(residential structures of 4 units or less- no condos, apartments or commercial buildings) • TYPE OF STRUCTURE • Unsound structure (structure subject to a governmental demolition order for which a thorough inspection is not required) • ACTIVITY • Demolition • NESHAP • Must be wetted throughout demolition process (i.e. prior to and during the demolition process) to eliminate visible emissions. • Asbestos trained and accredited Supervisor/Contractor must be present • FLEXIBILITY WITH NAA LETTER - None

10. NESHAP Matrix(residential structures of 4 units or less- no condos, apartments or commercial buildings) • TYPE OF STRUCTURE • Unsound structure (structure subject to a governmental demolition order for which a thorough inspection is not required) • ACTIVITY • Transportation • NESHAP • Manage waste streams as ACWM (wet and cover trucks) • FLEXIBILITY WITH NAA LETTER - None

11. NESHAP Matrix(residential structures of 4 units or less- no condos, apartments or commercial buildings) • TYPE OF STRUCTURE • Unsound structure (structure subject to a governmental demolition order for which a thorough inspection is not required) • ACTIVITY • Disposal NESHAP • NESHAP compliant state asbestos permitted landfill • FLEXIBILITY WITH NAA LETTER • Disposal of asbestos containing material in “enhanced” (to become NESHAP compliant) C&D landfills for all residential structures. (No NAA needed) Enhanced C&D disposal sites approved by LDEQ.

12. NESHAP Matrix(residential structures of 4 units or less- no condos, apartments or commercial buildings) • TYPE OF STRUCTURE • Sound structure (structure that is able to be thoroughly inspected) • ACTIVITY • Inspection • NESHAP • Accredited asbestos Inspectors required • Thorough inspection required of each structure • Structure is subject to a governmental demolition order. • FLEXIBILITY WITH NAA LETTER - None

13. NESHAP Matrix(residential structures of 4 units or less- no condos, apartments or commercial buildings) • TYPE OF STRUCTURE • Sound structure (structure that is able to be thoroughly inspected) • ACTIVITY • Pre-demolition • NESHAP • Regulated ACM removal • Licensed asbestos contractor required • Adequately wet prior to removal to eliminate visible emissions • Handle material in a way to prevent damage • FLEXIBILITY WITH NAA LETTER - None

14. NESHAP Matrix(residential structures of 4 units or less- no condos, apartments or commercial buildings) • TYPE OF STRUCTURE • Sound structure (structure that is able to be thoroughly inspected) • ACTIVITY • Demolition • NESHAP • Once regulated ACM is removed, no additional requirements - only C&D remaining (transport & dispose in a C&D Landfill) • FLEXIBILITY WITH NAA LETTER - None

15. NESHAP Matrix(residential structures of 4 units or less- no condos, apartments or commercial buildings) • TYPE OF STRUCTURE • Sound structure (structure that is able to be thoroughly inspected) • ACTIVITY • Transportation • NESHAP • ACWM waste - place in leak-proof containers, wet, cover truck • C&D - no requirements (handle according to State/local requirements) • FLEXIBILITY WITH NAA LETTER - None

16. NESHAP Matrix(residential structures of 4 units or less- no condos, apartments or commercial buildings) • TYPE OF STRUCTURE • Sound structure (structure that is able to be thoroughly inspected) • ACTIVITY • Disposal • NESHAP • ACWM waste - State asbestos permitted landfill (Type 1 or 2) • C&D waste - No requirements (handle according to State/local requirements) • FLEXIBILITY WITH NAA LETTER - None

17. LDEQProtocol to Comply with the LESHAP RegulationsI. Structures Not Subject to Asbestos Demo/Reno Regulations If a residential structure has been effectively demolished by a hurricane; collection, treatment and disposal of the debris is not regulated.Letter dated November 9, 2005, EPA (Coleman) to US Army Corps of Engineers (Smithers), states: “If a building or other structure was totally destroyed by a hurricane, then the National Emission Standard for Asbestos, 40 C.F.R. Part 61, Subpart M (Asbestos NESHAP) does not apply to any subsequent activities. For such destroyed structures, you may immediately begin removal and proper disposal of the resulting debris.”

18. LDEQProtocol to Comply with the LESHAP RegulationsII. Structures Not Subject to Asbestos Demo/Reno Regulations Demolition/Renovation conducted by homeowners or the homeowner’s contractor is not subject to the Asbestos Demolition regulations. References: 40 CFR Subpart M. § 61.154and LAC 33:III.Subchapter M. Section 5151.B Definition of Facility - any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this Subchapter is not excluded, regardless of its current use or function.

19. LDEQProtocol to Comply with the LESHAP RegulationsDemolition of Residential Structures Conducted as a Result of a Government Order are Regulated Multiple buildings being demolished as a result of the hurricanes in accordance with a government order are considered an “installation” as defined in the asbestos LESHAP. Installation - any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control). Because of this definition, the demolitions of multiple residential structures are regulated. Regulated Residential Structures

20. LDEQProtocol to Comply with the LESHAP RegulationsEPA No Action Assurance Letters for Structurally Unsound Residences • EPA letters dated February 3, 2006, and February 24, 2006 include: • Residences that are structurally unsound and in danger of imminent collapse, • 2. Residences that are subject to a government issued demolition • order because the structure has been moved off of its foundation, and • 3. Residences that are subject to government issued demolition orders • because they are uninhabitable for other environmental reasons • (e.g., from excessive flood damage rendering the home uninhabitable). No Action Assurance Letters

21. Unsound Homes Constructed Prior to January 1, 1980 • No asbestos inspections are required. • Since no inspections are conducted, construction & demolition debris is assumed to contain Regulated Asbestos-Containing Material (ACWM). • All LESHAP regulations apply: • Licensing, Accreditation, Notification (AAC-2), wetting during • demolition, bagging, labeling, use of manifests or Asbestos Disposal • Verification Forms, (ADVFs), and wetting during transportation, and • disposal. • Disposal in a solid waste/asbestos approved Type 1 (Industrial) or 2 (Municipal & Commercial) Landfill is required. LDEQProtocol to Comply with the LESHAP RegulationsDemolition of Unsound Residential Structures

22. Unsound Homes Constructed On or After January 1, 1980 • No asbestos inspections are required. • Since no inspections are conducted, construction & demolition debris is assumed to contain Potential Asbestos-Containing Material (PACM). • All LESHAP regulations apply: • Licensing, Accreditation, Notification (AAC-2), wetting during demolition, bagging, labeling, use of manifests or Asbestos Disposal Verification Forms (ADVFs) during transportation, and disposal. • 4. Disposal in an enhanced solid waste/asbestos C&D landfill is required. LDEQProtocol to Comply with the LESHAP RegulationsDemolition of Unsound Residential Structures

23. Recommendations for Demolition of Residential Structures Containing Asbestos-Containing Waste Material (ACWM) • Each structure should be knocked down in a controlled manner to minimize excess breakage of asbestos containing material. Debris should be wetted/misted during demolition, interim staging, and loading activities. • Load C&D debris into polyethylene lined dumpsters that are leaktight. • Label, and transport to the appropriate landfill with ADVF. • Category I asbestos containing material (vinyl tile, mastic, etc.) need not be removed and segregated from the C&D debris if it does not have a high probability of becoming friable. If this material does not become friable by the forces expected to act on the material in the course of demolition, it may be disposed at an approved C&D landfill. LDEQProtocol to Comply with the LESHAP RegulationsDemolition of Unsound Residential Structures

24. Structurally Sound Homes 1. A “thorough inspection” by an asbestos inspector accredited by the LDEQ may be performed. (See attached “LDEQ Inspection Protocol for a “thorough inspection”) 2. If a thorough inspection is performed, and no regulated ACM is found, the Construction and Demolition (C&D) debris is disposed in an approved C&D debris (Type 3) landfill. 3. If a thorough inspection is performed, and regulated ACM or non-regulated ACM is found and removed, the ACWM must be disposed in an approved Type 1 or 2 landfill. The non-regulated ACM may be disposed in a designated area of an approved C&D landfill, and the remaining C&D debris may be disposed in an approved C&D debris landfill. 4. If a thorough inspection is not performed, the C&D debris is assumed to be regulated, and the ACWM must be disposed in an approved Type 1 or 2 Landfill. LDEQProtocol to Comply with the LESHAP RegulationsDemolition of Sound Residential Structures

25. Shut windows and doors. If they cannot be shut, install critical barriers (e.g. polyethylene sheeting).  Sufficient wetting is required to manage emissions during removal, bagging, and disposal. • a. Negative air is not required; • The wet method must be employed to remove the Regulated ACM; • c. Regulated ACM waste must be bagged and labeled; • Bulk material left behind must be visually inspected and cleaned • appropriately; • e. No air monitoring clearance is necessary; • Walls, ceilings, floors, etc. must be encapsulated to ensure ACM • fibers are not being released during demolition and loading; • Follow demolition procedures as noted in this Guidance; and • Use OSHA worker protection guidelines. LDEQProtocol to Comply with the LESHAP RegulationsRemoval of RACM from Inside Sound Structures

26. Appendix ALDEQ Inspection Protocol for “thorough inspections” Regulated Asbestos-Containing Material (RACM) is: • Friable asbestos material; • Category I nonfriable ACM that has become friable; • Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, in accordance with 40 CFR Subpart M-National Emission Standard for Asbestos, 61.141. Definitions; and • 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.

27. Appendix ALDEQ Inspection Protocol for “thorough inspections” A thorough inspection includes: Visual inspection - (all suspect Asbestos Containing Material (ACM) is identified and sampled or is presumed to be positive for asbestos.) Sampling – Use AHERA protocol Category I (vinyl asbestos tile, window caulking, etc.). No sampling is necessary if in good condition & may be left in the structure during demo Category II– (cementitious material such as roofing shingles and siding may be assumed asbestos

28. Waste Accepted at “ENHANCED” C & D LANDFILLS • Post-1980 Unsound residential structures that are subject to government issued demolition orders because they are structurally unsound and in danger of imminent collapse, or uninhabitable for other environmental reasons.

29. LDEQ REQUIREMENTS FOR “ENHANCED” C & D LANDFILLS • C&D site must give prior notice to the LDEQ indicating their request to perform enhanced C&D activities, • Submit an Operational Plan that meets the Requirements for Enhanced C&D landfills, and • Receive advanced approval by LDEQ prior to taking the waste.

30. LDEQ REQUIREMENTS FOR “ENHANCED” C & D LANDFILLS • Adequate Perimeter Air Monitoring • (sampling pump 1 liter/ minute 8 hr TWA) • Sample Methods: • NIOSH 7400 – PCM (Phase Contrast Microscopy) (as long as the sample does not exceed ½ the PEL) • NIOSH 7402 - TEM (Transmission Electron Miscroscopy) • LELAP (La. Environmental Lab Accreditation Program) • Sample turn-around - 48 hours

31. LDEQ REQUIREMENTS FOR “ENHANCED” C & D LANDFILLS Detection Limits • i. The sample method detection limit shall be 0.01 – 0.02 f/cc • ii. The OSHA permissible exposure limit (PEL) for asbestos fibers is 0.1 f/cc • Iii. If the sample exceeds more than ½ the PEL (more than.05 f/cc), the sample is analyzed by TEM.

32. LDEQ REQUIREMENTS FOR “ENHANCED” C & D LANDFILLS Record Keeping i. Chain of Custody documentation shall be kept to document and verify samples, ii. Calibration checks shall also be recorded, iii.All records required by this section shall be maintained for 2 years, and iv.All records required by this section shall be maintained on-site and be made available for inspection purposes or at the request of the Department.

33. LDEQ REQUIREMENTS FOR “ENHANCED” C & D LANDFILLS Notification and Response Actions i. Sample results indicating asbestos fibers above the OSHA PEL of 0.1 f/cc - Notify LDEQ’s Single Point of Contact (SPOC) 225-219-3640 within 1 hour. ii. Cease operations - investigate to determine the source of the asbestos fibers. iii. Report results of the investigation in writing to SPOC within 24 hours of completing the investigation. iv. Implement appropriate corrective action. v. Once approved, may begin site operations. Frequency of sampling shall return to daily.

34. LDEQ REQUIREMENTS FOR “ENHANCED” C & D LANDFILLS Reporting of Air Monitoring and Sampling Results i. During the first quarter (3 month period) • Monthly reporting ii. After the first quarter of operation • Semi- annual reporting (every six months), and iii.Use LDEQ approved air monitoring report form • Submit completed forms to the Office of Environmental Services, Air Permits Division, ATTN: Jodi Miller.

35. LDEQ REQUIREMENTS FOR “ENHANCED” C & D LANDFILLS Follow LESHAP Regulations LAC 33:III.Subchapter M, Section 5151.N Active Disposal Waste Sites 1. No Visible Emissions 2. Daily Cover - 6 inches of compacted nonasbestos-containing material, or - petroleum-based or other dust suppression agent, or - alternative emissions control method.

36. LDEQ REQUIREMENTS FOR “ENHANCED” C & D LANDFILLS Follow LESHAP Regulations LAC 33:III.Subchapter M, Section 5151.N Active Disposal Waste Sites Warning signs - Must be easily read - 20 inch × 14 inch upright format signs - Conform to a certain legend

37. LDEQ REQUIREMENTS FOR “ENHANCED” C & D LANDFILLS Follow LESHAP Regulations LAC 33:III.Subchapter M, Section 5151.N Active Disposal Waste Sites • Must be fenced in a manner adequate to deter access by the general public. • Upon request, the Department will determine whether a fence or a natural barrier adequately deters access by the general public.

38. LDEQ REQUIREMENTS FOR “ENHANCED” C & D LANDFILLS Follow LESHAP Regulations LAC 33:III.Subchapter M, Section 5151.N Active Disposal Waste Sites - Maintain waste shipment records (LDEQ ADVFs) - Copies to the generator & LDEQ w/in 30 days - Submit discrepancy reports, if needed - Maintain records for 2 years

39. LDEQ REQUIREMENTS FOR “ENHANCED” C & D LANDFILLS Follow LESHAP Regulations LAC 33:III.Subchapter M, Section 5151.N Active Disposal Waste Sites • Maintain records on location, depth and area, and quantity • Upon closure, submit records to LDEQ • Notify the Department in writing at least 45 days prior to excavating

40. LDEQ Demolition Debris Matrix A.Pre-1980 Unsound Residential Structures Government ordered, 4-plex and smaller • No inspection required • No segregation required • Mechanical demolition allowed • Wet method applied • Clear poly lined dumpster • All waste to a Type 1 or 2 landfill • No Action Assurance letter is not required

41. LDEQ Demolition Debris Matrix B.Post-1980 Unsound Residential Structures Government ordered, 4-plex and smaller • No inspection required • No segregation required • Mechanical demolition allowed • Wet method applied • Clear poly lined dumpster • All waste to an Enhanced C&D debris Landfill • Complies with NAA

42. LDEQ Demolition Debris Matrix C.Pre-1980 Sound Residential Structures Government ordered, 4-plex and smaller • Inspection by accredited asbestos inspector required • Segregation – asbestos abatement required • Mechanical demolition allowed for C&D after removal of ACM • Wet method applied • Clear poly lined dumpster • ACWM to a Type 1 or 2 landfill • Segregated Category II (siding/shingles) to be disposed in a C&D approved landfill that accepts Cat II or a Type 1 or 2 Landfill • All remaining C&D waste to a C&D Landfill • No Action Assurance letter is not required

43. LDEQ Demolition Debris Matrix D. Post 1980 Sound Residential Structures Government ordered, 4-plex and smaller • Inspection by accredited asbestos inspector required • Segregation – asbestos abatement required • Mechanical demolition allowed for C&D after removal of ACM • Wet method applied • Clear poly lined dumpster • ACWM to a Type 1 or 2 landfill • Segregated Category II (siding/shingles) to be disposed in a C&D approved landfill that accepts Cat II or a Type 1 or 2 Landfill • All remaining C&D waste to a C&D Landfill • No Action Assurance letter is not required

44. QUESTIONS • For questions, you may contact: Jodi G. Miller at LDEQ 225-219-3004 or Jodi.Miller@la.gov David Eppler at EPA 214-665-6529 or eppler.david@epa.gov