1. SUCCESSFUL DEMOLITION/RENOVATION STEPS 3 & 4 Presenters: Mark Davis, WDNR Bret Berglund, IAQ Diagnostics Beth Nethery, Balestrieri Group What You Need to Know About Renovation & Demolition Regulatory Summary

2. 4 KEY STEPS 1. INSPECTION: INSPECT THE FACILITY All affected parts of a facility being renovated or demolished must be inspected for the presence of asbestos by a State licensed Asbestos Inspector. 2. NOTIFICATION: NOTIFY THE STATE You must notify the State of demolition and/or renovation activities. Projects within the City of Milwaukee also require a permit application process to be completed.

3. 4 KEY STEPS 3. REMOVAL: REMOVE REGULATED MATERIALS All regulated asbestos-containing materials that would be disturbed must be removed by a State licensed company with State licensed supervisors/workers. 4. DISPOSAL: DISPOSE OF WASTE All asbestos-containing waste material must be properly labeled and disposed of in leak-tight containers at a landfill approved to accept asbestos.

4. KEY STEP 3 REMOVE REGULATED MATERIALS The inspection is in place, butdoes it cover the portion of the work to be renovated? Does it address the building planned for demolition? Does it list the condition of the material? Was everything sampled before planning a fire training burn with the fire department? The notification is in place, but.is it supposed to be filed with WDNR or DHS? Will it require a permit from the City of Milwaukee? These are important questions to answer before moving into the next two steps. STOP here if you are not positive.

5. KEY STEP 3 REMOVE REGULATED MATERIALS Regulations governing the removal of asbestos building materials must be followed so that the building occupants, workers, other contractors, the general public and the environment are not unknowingly exposed to asbestos. NESHAP (National Emission Standards for Hazardous Air Pollutants) rules apply to demolition and renovation activities, abatement, containerization, transportation and disposal of asbestos. The rules keep the air and the environment clean. In Wisconsin, USEPA has delegated the authority to implement and enforce the NESHAP rule to the Department of Natural Resources (WDNR). WDNR has citation authority for failure to inspect, notify and follow certain landfill requirements.

6. KEY STEP 3 REMOVE REGULATED MATERIALS WDNR requires all regulated asbestos-containing materials (RACM) that would be disturbed as part of a renovation or demolition be removed before beginning the project. This includes all friable and non-friable asbestos-containing materials that could be crumbled, pulverized or reduced to powder during the project. In part, the work methods of removal and/or demolition will determine the applicability of the asbestos NESHAP. If NESHAP applies, a notification of intent to renovate or demolish must then be submitted to WDNR before any renovation or demolition activities can begin.

7. KEY STEP 3 REMOVE REGULATED MATERIALS In other words, ALL demolitions and renovations are subject to the asbestos NESHAP because you must first determine if and how much asbestos is present by securing the pre-project inspection from a trained/certified inspector. Then, the scope of work factors in along with the type of structure (whether or not it is subject to NESHAP) and the type, condition and quantity of material to make the determination. Keep in mind, State Certified/Licensed Asbestos Supervisors and Workers, must perform the asbestos abatement regardless of whether the material is regulated (friable/RACM) or non-friable; and, in any quantity over that of one waste bag of removal.

8. KEY STEP 3 REMOVE REGULATED MATERIALS The Department of Health Services (DHS) regulates trainers and the content of their classes to enable licensing and the continuing education of fully trained individuals to perform asbestos abatement properly and safely per the requirements of EPA. A list of licensed companies can be found on their website dhs.wisconsin.gov/asbestos/Cert/ The DHS ensures that persons performing asbestos abatement in or on buildings are protected from harm and that their activities do not adversely affect the health and safety of others by monitoring all notices filed with both agencies and visiting those sites to check licenses.

9. KEY STEP 3 REMOVE REGULATED MATERIALS DHS monitors notices filed with the DNR for regulated quantities and/or a demolition of a subject facility. DHS monitors notices required to be filed directly to DHS for enclosing, encapsulating or repairing more than 3 square/3 lineal feet of friable ACM because that work must be performed by an asbestos licensed company with fully trained/licensed personnel. DHS monitors notices required to be filed directly to DHS for projects in which all ACM will remain non-friable regardless of the quantity (remember work method needs to be considered).

10. KEY STEP 3 REMOVE REGULATED MATERIALS DHS monitors notices required to be filed directly to DHS for projects not meeting the NESHAP threshold and for all non-subject residential facilities. NESHAP threshold is 260 linear/160 square/35 cubic feet of RACM. All non-friable materials and RACM under the threshold must be notified to DHS in accordance with DHS 159 unless the project is one waste bag or less properly filled. Projects with both non-friable and RACM meeting the NESHAP threshold are filed only with the DNR but are still monitored by DHS.

11. KEY STEP 3 REMOVE REGULATED MATERIALS All supervisors and workers must work for a Certified Asbestos Company, including one-person operations (i.e., Inspectors). DHS requires that a certified supervisor be on site during all abatement work to protect the public health including preventing the release of asbestos fibers into the air; and, following work practice standards as established by other state or federal agencies. Exterior work is not exempt from DHS 159. You must be an asbestos trained/certified company to disturb or remove more than one waste bag of building materials known or suspected to contain asbestos. (i.e., roofing, siding and window replacement).

12. KEY STEP 3 REMOVE REGULATED MATERIALS DHS requires the posting of a fully completed site-specific Occupant Protection Plan outside of the regulated area immediately upon arrival. The purpose is to advise anyone entering the area of the type of work in process and the measures being taken to protect occupants and furnishings. An Occupant Protection Plan is not required on sites that the entire building is considered vacant. This means all belongings, people and contents are out. (i.e., if appliances such as a refrigerator are still on site, it is considered occupied.) A site visit by a DHS Inspector can result in a Notice of Non- Compliance (NON) and a forfeiture if the plan is not posted.

13. KEY STEP 3 REMOVE REGULATED MATERIALS DHS requires every site to keep a Daily Project Log documenting names, times and signatures of everyone who is inside the regulated area and each time they go in and out (even for lunch breaks) Not doing so can also result in a NON and forfeiture issued by DHS. OSHA defines the regulated area as that in which the workers move about in the process of performing the work or in which there is a reasonable possibility the concentrations may exceed the Permissible Exposure Limit (PEL). The Log also serves as a vital safety measure if the containment needs to be vacated during an emergency.

14. KEY STEP 3 REMOVE REGULATED MATERIALS Both the Occupant Protection Plan and the Log developed by DHS are largely based upon OSHA 1926.32 and1926.1101where the definition of the Competent Person (Asbestos Supervisor) is to be capable of identifying existing and predictable hazards and developing the means of preventing asbestos exposure. The Supervisor is responsible for posting/maintaining these forms. OSHA Standard for the Construction Industry (29 CFR 1926.1101) regulates asbestos exposure to workers during activities such as demolishing, salvaging, renovating or repairing structures as well as transportation/disposal of ACM waste.

15. KEY STEP 3 REMOVE REGULATED MATERIALS OSHA refers to 4 Work Classifications: Class I removal of high risk (friable) ACM or PACM Thermal System Insulation (TSI or Surfacing Material) Class II removal of non-friable ACM or PACM Floor tile, roofing, siding, mastic and ceiling tile. Class III Operations & Maintenance Activities (O&M) ACM likely to be disturbed, one glove bag rule Class IV clean-up from other Class activities ACM will be contacted but will not be disturbed

16. KEY STEP 3 REMOVE REGULATED MATERIALS Under DNR requirements, 40 CFR Part 61, no regulated ACM may be stripped or otherwise disturbed at a facility regulated by this chapter unless at least one on-site person is trained in the provisions of this chapter and the means of complying with them, is present. On demolition sites that person must be able to stop the demolition from proceeding upon the discovery of asbestos materials that have not been abated. Work must cease for samples to be taken, abatement to be performed, or the materials must be assumed to contain asbestos if deemed unsafe for removal rendering the C&D waste as asbestos contaminated.

17. KEY STEP 3 REMOVE REGULATED MATERIALS REMOVAL BASICS: Control Asbestos Emissions: To ensure compliance with NR447 the following work practices are required when performing abatement: Keep asbestos adequately wet, wet, wet to prevent visible emissions. The absence of visual emissions is not sufficient evidence that the material has been wetted. All stripped ACM must be collected for disposal. All ACM must remain adequately wet when collected, contained, treated for disposal and sealed in leaktight prior to being transported to the landfill. For materials that will not fit without additional breakage, leaktight wrapping may be used.

18. KEY STEP 3 REMOVE REGULATED MATERIALS Possible exception to wet removal: Wetting that would unavoidably damage equipment. Owner/operator must supply the DNR with sufficient information explaining the situation. If the DNR approves, the asbestos abatement company shall use a local exhaust ventilation and collection system designed and operated to capture the particulate produced and exhibit no visible emissions to the outside air. The contractor must receive written approval from the DNR and file appropriate notification before starting the project.

19. KEY STEP 3 REMOVE REGULATED MATERIALS Another Possible exception to wet removal: Wetting that would be limited due to freezing temperatures. The Asbestos Certified Supervisor must document freezing temperatures in the work area on a daily log a minimum of 3 times daily during each work day in which wetting is suspended. The records must be kept for at least 2 years. Containerized waste must be kept wet at the earliest possible opportunity if not immediately transported to the landfill.

20. KEY STEP 3 REMOVE REGULATED MATERIALS REMOVAL BASICS Contain Work Area: Continually check containment Post all required signage to avoid entry by untrained visitors Repair any breaches immediately Filter the air HEPA filters on respirators, vacuums, negative air machines and power-tools Use negative air pressure Negative air machines in good working order keep running overnight use of a manometer with readings is recommended

21. KEY STEP 3 REMOVE REGULATED MATERIALS GOOD WORK PRACTICES: Use nylon brushes and plastic shovels Use low-pressure water or airless sprayers Work from top to bottom toward the negative air machine Wear proper PPE (suits, gloves & respirators) Keep material wet, wet, wet at all times Change or repair torn suit Change filters (air & water) when necessary Good housekeeping practices inside and outside

22. KEY STEP 3 REMOVE REGULATED MATERIALS CLEAN UP Bag waste throughout the day filling bags only 1/3 full Double-bag and gooseneck Apply all required labels Do not allow waste to accumulate in work areas Do not throw or drop bags Final clean & apply lockdown Clearance air monitoring if applicable (PCM or TEM) In the City of Milwaukee, contact DNS for a final inspection, and provide the DNS inspector the clearance results.

23. KEY STEP 4 DISPOSE OF THE WASTE CONTAINERIZE THE WASTE All ACM debris must remain wet when collected, contained, treated for disposal and transported. All asbestos containing waste material (including suits and poly) must be properly disposed of in leak-tight containers. All containers must be labeled with the name of the waste generator and location at which it was generated. No ACWM should go to a transfer station, direct haul only. RACM/friable waste must be manifested and labeled properly for transportation RQ, NA2212, Asbestos, 9, PGIII

24. KEY STEP 4 DISPOSE OF THE WASTE CONTAINERIZE THE WASTE A properly completed manifest is your chain of custody showing at any stop where the waste originated, who has it currently and where it is intended to go. It must also include emergency contact of a person with knowledge of the waste per 49 CFR 172.604. Identify the waste, quantity and size of containers. The state regional office of the WDNR responsible for administering the asbestos NESHAP program should also appear on the manifest. http://dnr.wi.gov/contact/OfficeLocations.html

25. KEY STEP 4 DISPOSE OF THE WASTE TRANSPORT THE WASTE Transportation of ACM and most other demolition materials is regulated under s. NR 502.06, Wis. Adm. Code, requiring transporters to have a Solid Waste Transportation License. Plan accordingly, a 24-hour lead time is required for most landfills in order to insure the waste can be buried promptly. The landfill must operate in accordance with 40 CFR Part 61.150 & 61.154 and be licensed by the DNR under section NR 506.10 Wis. Adm. Code. All out of state disposal sites shall be operated in conformance with 40 CFR Part 61 Subpart M, section 61.152.

26. KEY STEP 4 DISPOSE OF THE WASTE TRANSPORT THE WASTE EPA has 4 specific reporting and recordkeeping rules for waste generators, transporters and landfills: Waste must be accompanied by a Waste Shipment Record (WSR) or manifest ultimately having three signatures, those of the Generator, the Transporter and Landfill. Reporting Requirements are required of the generator and the landfill to submit an exception report if they do not receive a copy of the WSR signed by the landfill within 45 days of the date the waste was accepted by the first transporter. Landfills must report any discrepancies between quantities or improperly sealed waste.

27. KEY STEP 4 DISPOSE OF THE WASTE TRANSPORT THE WASTE EPA 4 specific reporting and recordkeeping rules cont. Recordkeeping Requirements state that Generators must keep copies of all WSRs for at least 2 years and active landfills must also keep the WSR for at least 2 years documenting the location, depth and area, and quantity of ACWM within the disposal area on a map or diagram. Source Reporting Requirements are required of the landfill and include such items required to be reported to the regional NESHAP program agency as the average weight per month of asbestos being processed by the source (landfill) in the past 12 months.

28. KEY STEP 4 DISPOSE OF THE WASTE LANDFILL THE WASTE Questions to ask the landfill: Can the landfill provide me generic approval for multiple locations when my company has various projects? If I am a small contractor can I just have a one time approval for each of my single projects? What are the hours of acceptance? What are the acceptance requirements (24 hours notice)? Can I set up an account to be invoiced or is it COD? Will the landfill return the final manifest to Generator?

29. KEY STEP 4 DISPOSE OF THE WASTE LANDFILL THE WASTE The Landfills Expectations of you: Manifests must be signed and completed for acceptance The WDNR Notice (Form 4500-113) may be requested of the driver at the gate along with the manifest. Correct labeling of containers (roll-off, etc) bags/drums. Use correct manifest for friable asbestos (DOT Haz Mat) Drivers must have proper training and wear safety vests. Driver should have access to a respirator for unloading.

30. KEY STEP 4 DISPOSE OF THE WASTE LANDFILL THE WASTE One time approvals or unique abatement projects may require a 3 to 4 day period before acceptance of waste. Submission of a profile form with accompanying analyticals and MSDS sheets may be required for unique abatement projects (i.e., fire debris, contaminated soil, ACM mixed with paint, chimney ash, etc.) Allow plenty of time for approval. Even a non-regulated structure, (single-isolated home) is not exempt from the WDNR asbestos disposal requirements, but you can ask the landfill if they accept the residential exemption for customers that perform their own work.

31. KEY STEP 4 DISPOSE OF THE WASTE LANDFILL THE WASTE On site disposal of any material usually requires approval from the DNR Regional Solid Waste Program. All debris with RACM left in place must be handled and disposed of as asbestos containing waste at an approved landfill, unless the asbestos containing portions can be segregated. All non-friable ACM allowed to be left in place and handled with the demolition materials must appear on the WDNR notification and can be disposed of at a C&D landfill that will not further subject the waste to sanding, grinding, cutting or abrading before it is buried.

32. KEY STEP 4 DISPOSE OF THE WASTE LANDFILL THE WASTE The use of environmentally beneficial demolition practices can result in long- and short-term environmental benefits and set the stage for vacant lot revitalization. EPA Region 5 (ours) has developed a Residential Demolition Bid Specification Development Tool which highlights environmental issues associated with residential demolitions and lists specific practices that can be incorporated into the demolition contracting process to achieve better environmental outcomes. Communities can download the report and access a large-scale demolition resource site at: www.epa.gov/large-scale-residential-demolition

33. WISCONSIN DNR & DHS HAVE EXCELLENT WEB SITE GUIDANCE To make information on identifying, handling and properly disposing of hazardous materials readily available. Contractors and building owners have a source to reference at the planning stage. Former documents just covered pre-demolition, but renovation projects have many of the same environmental concerns. Visit the websites for all the updates, including this presentation. More government agencies have an interest in your project than you think.

34. RESOURCES WDNR Publication AM-366 2006 REV 11/12 WDNR Publication AM-401 2010 Recently revised WDNR Publication WA-651 (Revision 2013) Guide to DHS 159 Asbestos Rule Revisions P-00048 (03/09) City of Milwaukee DNS Chapter 66 http://city.milwaukee.gov/DNSsections/Development-Center-/Quick-reference-Does-itneed-a.htm http://city.milwaukee.gov/ImageLibrary/Groups/dnsAuthors/planning/pdfs/AsbestosAbate mentinfo.pdf http://city.milwaukee.gov/ImageLibrary/Groups/dnsAuthors/planning/pdfs/AsbestosApplic ationNewFees13.pdf http://city.milwaukee.gov/ImageLibrary/Groups/dnsAuthors/planning/pdfs/AsbestosProject Worksheet.pdf Many thanks to those who have contributed their wealth of knowledge and experience to our presentation.