GENERAL SECTION

Asbestos – An Update

INTRODUCTION
Recent newspaper articles and radio broadcasts have once again reminded all of us of the potential liabilities associated with asbestos. Not only do potential liabilities extend to former mining companies and manufacturers but also to current building and facility owners. In order to protect yourself and your company it is important to refresh your understanding of the regulatory requirements.

BACKGROUND
Because asbestos was plentiful and possessed unique properties such as fire/chemical resistance, high tensile strength and low thermal/electrical conductivity, asbestos was used in the manufacturing of literally hundreds of products. As adverse health effects associated with asbestos exposure emerged, regulations were developed to protect workers (OSHA) and the environment (EPA).

REGULATORY REQUIREMENTS
The following is a general summary of current EPA and OSHA asbestos regulations. You should also be aware that many states and local governments have developed additional regulatory requirements concerning asbestos:

EPA - 40 CFR Part 61, Subpart M, of the National Emission Standard for Hazardous Air Pollutants (NESHAP) Regulations require:

• Licensed inspectors identify regulated asbestos-containing materials (ACM’s) prior to renovation or demolition projects in commercial or public buildings. Residential home owners and owners of four unit or less apartment buildings are exempt from this requirement unless the structure is being renovated or demolished for commercial or public purposes.
• Regulated ACM’s be abated in a wetted condition, without visible emissions, prior to renovation or demolition activities and that all waste products be disposed of in licensed landfills.
  

OSHA – 1926.1101 (Construction Industry) and 1910.1001 (General Industry) Regulations require:

• Building and facility owners to presume that all thermal systems insulation, surfacing material, and flooring materials installed in buildings constructed no later than 1980 are ACM’s unless they demonstrate that the materials do not contain asbestos by following the inspection, sampling and analytical procedures specified in 40 CFR Part 763, Subpart E (Asbestos Hazard Emergency Response Act).
• Building and facility owners communicate information regarding ACM’s to employers of employees, as specified in the Communication of Hazards section of the Standard(s).
• Specific types of abatement procedures be implemented, based on the type of ACM being removed.
• Employers provide specialized training, medical surveillance, and respirator fit testing to employees who perform asbestos abatement, prior to commencement of work. Employers are also required to conduct personal air sampling during the abatement process to document proper engineering controls and respiratory protection.

SUMMARY
The Payne Firm has extensive experience in identifying ACM’s, developing operations and maintenance plans, designing abatement specifications, and managing complex removal projects from start to finish. If you are interested in learning more about specific regulatory requirements in your area or would like to find out how the Payne Firm can assist you with asbestos related issues please contact Jerry Beaudion or Dan Woody at 513 489-2255 or toll free at 800-229-1443 or by e-mail at ghb@paynefirm.com or dtw@paynefirm.com.