CHAPTER 4

REGULATORY OVERVIEW

Objective: To provide an overview of the major asbestos related

regulations affecting abatement personnel.

Learning Tasks: Information in this section should enable participants to:

1. Become familiar with the general provisions of major

federal asbestos regulations.

2. Learn details of major regulations as they affect

abatement projects and/or personnel.

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INTRODUCTION

To date, two federal agencies have been principally responsible for generating regulations
for asbestos control. These two agencies are the U.S. Environmental Protection Agency
(EPA) and the Occupational Safety and Health Administration (OSHA).

Other federal agencies have promulgated asbestos regulations. These include the
Department of Transportation (DOT) regulations regarding the transport of asbestos; the
National Institute of Standards and Technology (NIST), establishing standards and
protocols for laboratory accreditation, and the Consumer Product Safety Commission,
banning asbestos in some products.

A summary of EPA and OSHA regulations follows: Specifically, the OSHA Asbestos
Standards; the National Emission Standards for Hazardous Air pollutants (NESHAP); and
the Asbestos Hazard Emergency Response Act (AHERA) are covered. Copies of these
regulations are included in the appendices.

I. OSHA ASBESTOS STANDARDS

The Occupational Safety and Health Administration has established specific

regulations which address asbestos exposure. In the construction industry, the most
important are:

29 CFR 1926.1101 - Construction Industry Standard for Asbestos

29 CFR 1910.134 – Respiratory Protection

The construction industry standard covers employees engaged in any construction activity,
and related activities likely to involve asbestos exposure: removal, encapsulation,
alteration, repair, maintenance, insulation, spill/emergency clean-up, transportation,
disposal and storage of ACM.

In general, OSHA coverage extends to all private sector employers and employees in the
50 states and all territories under federal jurisdiction. Those not covered under the
standard include: self-employed persons, certain state and local government employees,
and federal employees covered under other federal statutes. Persons engaged in
inspection, management planning, and other asbestos-related work in schools fall under
OSHA's construction industry standard.

To enforce its standards, OSHA is authorized to conduct workplace inspections. In

addition, employees have the right to file an OSHA complaint without fear of punishment
from the employer. In turn, employees have the responsibility to follow all safety and health
rules. OSHA may not conduct a warrantless inspection without the employer's consent.
Citations are issued by OSHA during an inspection if the compliance officer finds a
standard being violated. The citation informs the employer and employees of the

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regulations or standards alleged to have been violated and of the proposed length of time
for correction. Monetary penalties may also be imposed.

The following highlights of 29 CFR 1926.1101 are condensed for easy reference.
Participants are encouraged to become familiar with the OSHA standard as it appears in
the Federal Register (See Appendix A).

EXPOSURE LEVELS

Permissible Exposure Limit, (PEL) - 0.1 fibers per cubic centimeter (f/cc),
time weighted average, (TWA). TWA means exposure concentration
averaged over an 8 hour period.

Excursion Limit (EL) - 1.0 f/cc as measured or averaged over a sampling

period of 30 minutes.

MONITORING

Employers who have a workplace or work operation covered by this standard must perform
an initial exposure assessment to determine the airborne concentrations of asbestos to
which employees may be exposed. If employers can demonstrate that employee
exposures are below the PEL by means of objective or historical data, then initial
monitoring may not be required. Within regulated areas, the employer may be required to
conduct daily monitoring unless a negative exposure assessment has been made. If daily
monitoring within the regulated area indicates by statistically reliable measurements that
employee exposures are below the PEL, then no further monitoring is required. However,
the physical air monitoring data is probably the most valuable documentation which the
employer maintains. It may be needed as historical data, for insurance requirements, and
to avoid regulatory or civil liability. The records of air monitoring should be kept forever.

REGULATED AREAS

The employer must establish a regulated area in all cases of asbestos disturbance. Only
authorized personnel may enter regulated areas. All persons entering a regulated area
should be supplied with a respirator. No smoking, eating, drinking or chewing is permitted
in regulated areas. Warning signs must be displayed and must be posted at all
approaches to regulated areas. Warning labels must be affixed on all asbestos products
and to all containers containing asbestos products, including waste containers.

METHODS OF COMPLIANCE

The intent of the OSHA regulation is that the PEL be maintained “as if the employee were
not wearing a respirator”. To that end, certain work practices are required regardless of the
type of work being performed:

• High efficiency particulate air (HEPA) vacuum cleaners

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 • Wet methods
• Prompt clean-up of debris

If the PEL is exceeded, or a negative exposure assessment has not been made, the
following control methods must be used:

• HEPA equipped local exhaust ventilation

• Enclosure of the work area
• Supplemental respiratory protection

Standard prohibitions on asbestos work sites include:

• High speed abrasive disc saws

• Compressed air removal
• Dry sweeping or clean-up
• Employee rotation to comply with PEL

All asbestos work or disturbance is categorized into four classes of work, each class
having its own regulatory requirements:

• Class I Work: Removal of TSI or surfacing.

• Class II Work: Removal of any other ACM.
• Class III Work: Maintenance level work up to one glovebag or waste bag.
• Class IV Work: Clean-up work or contact with ACM, no new disturbance.

RESPIRATORY PROTECTION

Respirators must generally be used in regulated areas, unless specifically exempted. They
must also be used in exposure situations above the PEL, and in emergencies. Respirators
must be selected and used in accordance with a written Respiratory Protection Program
required at 29 CPR 1910.134.

Employees who use a filter respirator must change filters whenever an increase in
breathing resistance is detected. An employee must not be assigned to tasks requiring the
use of respirators unless a physician has given approval. Employers must fit test all tight
fitting face masks annually.

PROTECTIVE CLOTHING

For any employee exposed to airborne concentrations of asbestos that exceed the PEL,
where a negative exposure assessment has not been performed and for Class I work, the
employer must provide and require the use of protective clothing such as coveralls or
similar full-body clothing, head coverings, gloves, and foot coverings. Wherever the
possibility of eye irritation exists, face shields, vented goggles, or other appropriate
protective equipment must be provided and worn.

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Asbestos contaminated work clothing must be removed in change rooms and placed and
stored in closed, labeled containers which prevent dispersion of the asbestos into the
ambient environment.

HYGIENE FACILITIES AND PRACTICES

The employer must provide decontamination facilities for all asbestos work. Class I Work
usually requires a staged shower decontamination facility. The employer may permit
employees engaged in less than Class I operations to clean their protective clothing with a
portable HEPA-equipped vacuum on a poly drop-cloth when employees leave the area
where work was performed.

For Class I operations, the employer must establish a decontamination area that is
adjacent and connected to the work area. The decontamination area must consist of an
equipment room, shower area, and clean room in series.

Clean rooms must be equipped with a locker or appropriate storage container for each
employee. Equipment rooms must be supplied with impermeable, labeled containers for
the containment and disposal of asbestos-contaminated protective clothing. Where
feasible, shower facilities must be contiguous to the equipment room and the clean change
room. Employers must ensure that employees enter and exit the regulated area through the
decontamination area.

COMMUNICATION OF HAZARDS

The building owner, as well as the employer, is given direct regulatory responsibility to
identify the presence, location, and quantification of ACM before work is begun which may
disturb the ACM. Notification of the presence of ACM must be communicated to the
following groups of individuals:

• Outside contractors who may disturb ACM

• Employees of the owner
• Contractors who may work in areas adjacent to ACM work
• Commercial tenants who occupy areas containing ACM

In lieu of an ACM inspection, all TSI, surfacing, and resilient flooring in buildings built before
1981 must be presumed to contain asbestos. Specific criteria to rebut the presumption are
contained in section (K) of the standard.

The employer must develop a training program for all employees who perform any of the
four classes of work. Training must be provided prior to or at the time of initial assignment
and at least yearly thereafter.

HOUSEKEEPING

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Vacuuming equipment when used must have HEPA filters. Asbestos waste, scrap, debris,
bags, containers, equipment, and asbestos contaminated clothing consigned for disposal
must be collected and disposed of in sealed, labeled, impermeable bags or other closed,
labeled impermeable containers. Specific requirements for the maintenance of resilient
flooring ACM are also specified.

MEDICAL SURVEILLANCE

The employer must establish a written medical surveillance program, prior to assignment,
for all employees who will be required to wear respirators or who will be exposed to
airborne concentrations of asbestos at or above the PEL and/or excursion limit for 30 or
more days per year.

RECORDKEEPING

Employers must keep an accurate record of all air monitoring and exposure assessments.
Likewise, the employer must maintain an accurate record for each employee subject to
medical surveillance. These records must be kept for 30 years.
The employer must maintain all employee training records for one year beyond the last
date of employment by that employee.

The building owner must keep two important documentations of compliance: 1) records of
notifications to the four groups of potentially exposed persons, and 2) records of
inspections to rebut the ACM presumption for TSI, surfacing and resilient flooring. These
records must be maintained at the building and passed along to subsequent owners in the
case of property transfer.

II. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

(NESHAP) - (40 CFR 61 PART M)

EPA's rules concerning the application, removal, and disposal of asbestos-containing

materials were issued under NESHAP. Also included in NESHAP are rules concerning
manufacturing, spraying and fabricating of asbestos-containing material.

NOTIFICATION

Specific notification to a regional and/or local NESHAP Coordinator is required before a

building is demolished or renovated.

Regarding disposal requirements as specified under NESHAP, there is to be no visible

emissions to the outside air during collection, packaging, transportation or deposition of

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ACM waste. All wet ACM must be sealed in a leak-tight container and the containers must
be labeled with OSHA labels, as well as NESHAP and DOT required labels.

Since NESHAP mandates the removal of friable ACM before a building is demolished, the
plan for managing ACM should take into account the costs of eventual removal. The same
is true for future renovation work covered by NESHAP. Certain abatement methods such
as encapsulation and enclosure may make eventual removal more difficult.

III. ASBESTOS HAZARD EMERGENCY RESPONSE ACT

In October 1986 the Asbestos Hazard Emergency Response Act (AHERA) was signed
into law. Included in this Act are provisions directing the EPA to establish rules and
regulations addressing asbestos-containing materials in schools. Specifically, EPA was
directed to address the issues of: 1) identifying, 2) evaluating, and 3) controlling ACM in
schools. . Final AHERA regulations (rules) became effective December 14, 1987. They are
found in 40 CFR 763 Subpart E.

The regulations require that all public and private elementary and secondary schools (K-12)
inspect for both friable and non-friable asbestos, implement response actions, and submit
asbestos management plans. Also, the rule requires periodic surveillance and re-
inspection to monitor asbestos-containing materials left in schools.
Schools that fail to conduct the inspections, knowingly submit false evidence to their
governor, or fail to develop a management plan in accordance with regulations, can be
assessed a civil penalty under the Toxic Substances Control Act (TSCA) of up to $5,000
for each day the school is in violation. A school will be exempt if it is built after Oct. 12,
1988, and an architect, project engineer or accredited inspector signs a statement that no
asbestos-containing material had been specified for use in construction documents.

IV. BANS

Three bans on asbestos-containing material were set forth by the NESHAP regulations.
These bans occurred in the three years as indicated below:

1973 - Fireproofing

1976 - TSI

1978 - Any spray applied asbestos

A comprehensive ban was instituted in the early 1990’s, but was shortly reversed by the
courts. Today, the U.S. has no other bans on asbestos than those listed above. It is
completely legal to use asbestos in most applications, and it is currently only the threat of
liability and the awareness of health effects from exposure that restrains the use of
asbestos.

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Additions to Chapter 4: OSHA NEA forms
NESHAP notification exercise
EPA Regions map

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