Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 425 - SOLID WASTE MANAGEMENT RULES: ASBESTOS MANAGEMENT REGULATIONS › Section 096-425-6 - Pre-Abatement Requirements

Current through 2024-29, July 17, 2024
A.
Renovation and Demolition Inspections
. Prior to conducting a renovation
				or demolition activity that impacts any building material likely to contain
				asbestos (such as those used in roofing, flooring, siding, ceiling, and wall
				systems) or any component likely to contain asbestos (such as heating,
				ventilation, air conditioning, and plumbing systems), the owner or operator
				must have an inspection conducted for the presence of asbestos-containing
				materials. In lieu of inspection, the owner or operator may presume that
				building materials and components contain asbestos that requires that these
				materials be abated in accordance with these rules.
A DEP-certified Asbestos Inspector must perform the
				  inspection. The inspection must identify all asbestos-containing materials that
				  could be impacted during the renovation or demolition activity, must be
				  completed prior to submission of notification to the Department, must be in
				  writing, and must be on-site and made immediately available to the Department
				  upon request.
Residential dwellings constructed before 1981 that consist of
				  two (2) to four (4) units must be evaluated for building materials and
				  components that are likely to contain asbestos. This evaluation may be
				  performed by a DEP-certified Asbestos Inspector or by a person familiar with
				  asbestos-containing building materials. If building materials and/or components
				  likely to contain asbestos are found, these must be removed in accordance with
				  these regulations prior to demolition except as allowed in section 7(B) of this
				  rule or must be tested by a DEP-certified Asbestos Inspector to demonstrate
				  that they are not ACM.
Single family residences, and residences constructed after
				  1980 that consist of two (2) to four (4) units, are exempt from the inspection
				  provisions of this section.
Specific building materials that do not require inspection,
				  sampling, and analysis for asbestos include: wood, fiberglass, glass, plastic,
				  metal, laminates, foam, rubber and gypsum board when joint compound was used
				  only as a filler and not as a layered component, and intact caulkings and
				  glazings. Also, building materials do not need to be inspected when written
				  documents exist confirming that no asbestos was used in the materials that will
				  be impacted, or that the materials were previously inspected by a DEP-certified
				  Asbestos Inspector and affirmatively determined through sampling and analysis
				  to not be ACM.
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Note: To maintain compliance with Maine law, if more than 3
				  square feet or 3 linear feet of ACM is present, this ACM must be removed prior
				  to the demolition, except that intact packing, gaskets, roofing, and flooring
				  may be left in place when the demolition is performed by large equipment in
				  accordance with these rules. Homeowners are encouraged to conduct a walk
				  through of their single family homes to identify suspect asbestos-containing
				  materials, such as thermal system insulation, ceiling tile, exterior
				  cementitious siding, rigid panels, and flooring , and hire an
				  asbestos-consultant or asbestos abatement contractor if suspect materials are
				  observed. The Department can provide, upon request, more information regarding
				  common asbestos-containing materials in buildings.
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B.
Inspection
				Requirements.
Inspection includes collecting bulk samples for analysis
				and/or conducting assessments of asbestos-containing materials. Inspections
				must be conducted as follows:
(1) Bulk
				samples must be collected by a Department-certified Inspector as prescribed
				below, in a random manner such that they are representative of each homogenous
				area. Bulk samples shall be collected and analyzed for all asbestos abatement
				activities unless an approved disclosure is received by the owner or owner's
				agent from the operator prior to the start of the project.
(a) From Surfacing Material:
(i) 3 bulk samples from each homogenous area
				and/or material that is 1,000 square feet or less;
(ii) 5 bulk samples from each homogenous area
				that is greater than 1,000 square feet but less than or equal to 5000 square
				feet; or
(iii) 7 bulk samples from
				each homogenous area that is greater than 5,000 square feet.