Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 51 - Comprehensive Toxic Air Pollutant Emission Control Program › Subchapter M - Asbestos › Section III-5151 - Emission Standard for Asbestos

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability. The provisions of this
				  Subchapter are applicable to those sources specified in Subsections C-O of this
				  Section.
B. Definitions. Terms used
				  in this Section are defined in LAC 33:III.111 of these regulations with the
				  exception of those terms specifically defined in LAC 33:III.5103 or below, as
				  follows.
Accessible
-asbestos-containing material
					 that is subject to disturbance by facility occupants, custodial or maintenance
					 personnel in the course of their normal activities.
Accessible
also refers to
asbestos-containing material
that is available
					 for examination and sampling purposes prior to a
demolition
or
renovation
.
Accredited
or
Accreditation
- when referring to a person, the accreditation
					 of such person by the Department of Environmental Quality under the provisions
					 of LAC 33:III.2799, Appendix A-Agent Accreditation Plan.
Active Waste Disposal Site
- any disposal
					 site other than an inactive site.
Adequately Wet
-sufficiently mix or
					 penetrate with liquid to prevent the release of particulates. If visible
					 emissions are observed coming from asbestos-containing materials, then that
					 material has not been
adequately wetted
. However, the absence
					 of visible emissions is not sufficient evidence of being
adequately
					 wet
. Once contained, water droplets formed inside disposal containers
					 will be sufficient evidence of being
adequately wet
. Lack of
					 water droplets means it is not
adequately wet
.
Asbestos
-the asbestiform varieties of
					 serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite
					 (amosite), anthophyllite, and actinolite-tremolite.
Asbestos-Containing Material (ACM)-
any
					 material or product that contains more than 1 percent
asbestos
as determined by using the method specified in appendix E, subpart E,  40 CFR
					 part 763, section 1, polarized light microscopy.
Asbestos-Containing Waste Material
					 (ACWM)
-mill tailings or any waste that contains commercial or
					 previously commercial asbestos and is generated by a source subject to the
					 provisions of this Subchapter. This term includes filters from control devices,
					 friable asbestos waste material, and bags or other similar packaging
					 contaminated with commercial
asbestos
. As applied to
demolition
and
renovation
operations, this
					 term also includes
regulated asbestos-containing material
waste and materials contaminated with
asbestos
, including
ACD,
and disposable equipment and clothing.
Asbestos-Contaminated Debris
					 (ACD)-
demolition or renovation debris that contains
regulated
					 asbestos-containing material
as defined in this Subsection.
Asbestos-Contaminated Debris Activity
					 (ACDA)-
the handling and/or disposal of
asbestos-contaminated
					 debris
as
RACM
.
Asbestos Material
- asbestos or any
					 material or product which contains more than 1 percent asbestos.
Asbestos Mill
- any facility engaged in
					 converting, or in any intermediate step in converting, asbestos ore into
					 commercial asbestos. Outside storage of asbestos material is not considered a
					 part of the asbestos mill.
Asbestos Tailing
- any solid waste product
					 that contains asbestos and is a product of asbestos mining or milling
					 operations.
Asbestos-Containing Waste Material
					 (ACWM)
- mill tailings or any waste that contains commercial asbestos
					 and is generated by a source subject to the provisions of this Subchapter. This
					 term includes filters from control devices, friable asbestos waste material,
					 and bags or other similar packaging contaminated with commercial asbestos. As
					 applied to demolition and renovation operations, this term also includes
					 regulated asbestos-containing material waste and materials contaminated with
					 asbestos, including disposable equipment and clothing.
Category I Nonfriable
					 (ACM)
-asbestos-containing packings, gaskets, resilient floor covering,
					 and asphalt roofing products containing more than 1 percent asbestos as
					 determined by using the method specified in appendix E, subpart E, 40 CFR part
					 763, section 1, polarized light microscopy that when dry cannot be crumbled,
					 pulverized, or reduced to powder by hand pressure.
Category II Nonfriable (ACM)
- any
					 material, excluding
category I nonfriable ACM
, containing more
					 than 1 percent asbestos as determined by using the method specified in appendix
					 E, subpart E,     40 CFR part 763, section 1, polarized light microscopy that, when
					 dry, cannot be crumbled, pulverized, or reduced to powder by hand
					 pressure.
Commercial Asbestos
- any material
					 containing asbestos that is extracted from asbestos ore and has value because
					 of its asbestos content.
Cutting
- to penetrate with a sharp-edged
					 instrument, including sawing, but not including shearing, slicing, or
					 punching.
Demolition
-the permanent wrecking or
					 taking out of any load-supporting structural member of a facility together with
					 any related handling operations or the intentional burning of any
					 facility.
DEQ Identification Number
- the
					 accreditation number supplied by the administrative authority which authorizes
					 a contractor/supervisor to manage an asbestos demolition or renovation project
					 which involves RACM (regulated asbestos-containing material).
Emergency Demolition/Renovation
					 Operation
- a demolition or renovation operation that was not planned
					 but results from a sudden unexpected event that, if not immediately attended
					 to, presents a safety or public health hazard, is necessary to protect
					 equipment from damage, or is necessary to avoid imposing an unreasonable
					 financial burden. This term includes operations necessitated by nonroutine
					 failures of equipment.
Encapsulation
- the treatment of asbestos
					 material with a material that surrounds or embeds asbestos fibers in an
					 adhesive matrix to prevent the release of fibers by the encapsulant creating a
					 membrane over the surface (bridging encapsulant) or penetrating the material
					 and binding its components together (penetrating encapsulant).
Enclosure
-an airtight, impermeable,
					 barrier placed around
ACM
during activities that disturb
					 asbestos to prevent the release of asbestos fibers into the ambient air.
Fabricating
- any processing (e.g.,
					 cutting, sawing, drilling) of a manufactured product that contains commercial
					 asbestos, with the exception of processing at temporary sites (field
					 fabricating) for the construction or restoration of facilities. In the case of
					 friction products, fabricating includes bonding, debonding, grinding, sawing,
					 drilling, or other similar operations performed as part of fabricating.
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, and
					 residential buildings having greater than four dwelling units); any ship; and
					 any active or inactive waste disposal, or
ACD
site.
					 Residential buildings that have four or fewer dwelling units are exempt from
					 the provisions of this Subchapter, except those residential structures that are
					 intentionally demolished or renovated as part of a commercial or public
					 project, such as urban renewal or highway right-of-way projects and those that
					 are intentionally burned. 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.
Facility Component
-any part of a
facility
, including equipment, that is under the control of an
					 owner or operator.
Fiber Release Episode-
any uncontrolled or
					 unintentional disturbance of
ACM
.
Friable Asbestos Material
-any material
					 containing more than 1 percent asbestos as determined by using the method
					 specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light
					 microscopy that, when dry, can be crumbled, pulverized, or reduced to powder by
					 hand pressure. If the
asbestos
content is less than 10 percent
					 as determined by a method other than point counting by polarized light
					 microscopy (PLM), verify the asbestos content by point counting using PLM, or
					 assume the amount to be greater than 1 percent and treat the material as
ACM
.
Fugitive Source
- any source of emissions
					 not controlled by an air pollution control device.
Glove Bag
-a sealed compartment with
					 attached inner gloves used for the handling of
ACM
. Properly
					 installed and used,
glove bags
provide a small work area
					 enclosure typically used for small-scale asbestos stripping operations.
a. They are limited to one use on a work area
				  or section of pipe that is shorter than the bag is wide.
b. The bag shall be disposed of after its
				  single use.
c. No person shall
				  loosen a bag once installed, slide the bag along a working surface or section
				  of pipe and use the bag for a second work area or section of pipe.
d. Any deviation from single use of a
glove bag
requires prior written approval of the
				  administrative authority. Additional information on
glove bag
installation, equipment and supplies, and work practices can be obtained from
				  the Occupational Safety and Health Administration's (OSHA's) final Rule on
				  occupational exposure to asbestos (29 CFR
				  1926.1101(g)).
Grinding
- to reduce to powder or small
					 fragments, including mechanical chipping or drilling.
High Efficiency Particulate Air (HEPA)
					 Filter
- a filtering system certified by the manufacturer as being
					 capable of trapping and retaining at least 99.97 percent of all monodispersed
					 particles 0.3 microns in diameter or larger.
In Poor Condition
- the binding of the
					 material is losing its integrity as indicated by peeling, cracking, or
					 crumbling of the material.
Inactive Waste Disposal Site
- any
					 disposal site or portion of it where additional asbestos-containing waste
					 material has not been deposited within the past year.
Inspection
or
Inspect
-an
					 examination of a facility or facility component to determine the presence or
					 location, or to assess the condition of friable or nonfriable
asbestos
material, or suspected
asbestos
material, whether by visual or physical examination, or by collecting samples
					 of such material. This term includes reinspections of assumed
asbestos
material and friable and nonfriable asbestos material
					 which has been previously identified. The term does not include the
					 following:
a. periodic surveillance of
				  the type described in LAC 33:III.2721.B solely for the purpose of recording or
				  reporting a change in the condition of known or assumed asbestos
				  material;
b. inspections performed
				  by employees or agents of federal, state, or local government solely for the
				  purpose of determining compliance with applicable statutes or regulations;
				  or
c. visual inspections of the
				  type described in LAC 33:III.2717.J solely for the purpose of determining
				  completion of response actions.
Installation
-any building or structure or
					 any group of buildings or structures at a single demolition or renovation site
					 that part of a planned project that are under the control of the same owner or
					 operator (or owner or operator under common control).
Leak Tight
- solids or liquids cannot
					 escape or spill out. It also means
dust-tight
.
Major Fiber Release Episode
- any
					 uncontrolled or unintentional disturbance of asbestos material which involves
					 the falling or dislodging of more than 3 square or 3 linear feet of friable
					 asbestos material.
Malfunction
- any sudden and unavoidable
					 failure of air pollution control equipment or process equipment or of a process
					 to operate in a normal or usual manner so that emissions of asbestos are
					 increased. Failures of equipment shall not be considered malfunctions if they
					 are caused in any way by poor maintenance, careless operation, or any other
					 preventable upset conditions, equipment breakdown, or process failure.
Manufacturing
- the combining of
					 commercial asbestos (in the case of woven friction products, the combining of
					 textiles containing commercial asbestos) with any other material(s), including
					 commercial asbestos, and the processing of this combination into a product.
					 Chlorine production is considered a part of manufacturing.
Natural Barrier
- a natural object that
					 effectively precludes or deters access. Natural barriers include physical
					 obstacles such as cliffs, lakes, or other large bodies of water, deep and wide
					 ravines, and mountains. Remoteness by itself is not a natural barrier.
Nonfriable Asbestos-Containing
					 Material
-any material containing more than one percent asbestos as
					 determined by the method specified in appendix E, subpart E,   40 CFR part 763,
					 section 1, polarized light microscopy, that, when dry, cannot be crumbled,
					 pulverized, or reduced to powder by hand pressure.
Nonscheduled Operation
-a
renovation
operation necessitated by the routine failure of
					 equipment, which is expected to occur within a given period based on past
					 operation experience, but for which an exact date cannot be predicted.
					 Diaphragm cell renewal is considered a
nonscheduled
					 operation
.
Outside Air
- the air outside buildings,
					 structures, or enclosures, including, but not limited to, the air under a
					 bridge, in an open air ferry dock, or air outside demolition or renovation
					 construction activities or enclosures.
Owner or Operator of a Demolition, Renovation,
					 Response Action or ACD Activity (owner/operator)
-any person who owns,
					 leases, operates, controls, or supervises the facility being demolished or
					 renovated, or an
ACDA
or any person who owns, leases,
					 operates, controls, or supervises the demolition or renovation operation, or
					 both, response action, or an
ACDA
Particulate Asbestos Material
- finely
					 divided particles of asbestos or material containing asbestos.
Planned Operation
- a demolition and/or
					 renovation operation, or a number of such operations, in which RACM will be
					 removed or stripped within a given period of time and that can be predicted.
					 Individual nonscheduled operations are included if a number of such operations
					 can be predicted to occur during a given period of time based on operating
					 experience.
Recognized Asbestos Landfill (RAL)-
a
					 waste disposal site recognized by DEQ, Office of Environmental Services after
					 receipt of an asbestos landfill recognition form (AAC-7). An in-state landfill
					 shall comply with Subsection N of this Section and be permitted or authorized
					 to accept
ACWM
. An out-of-state landfill shall be subject to
					  40 CFR part 61.154  or another state's applicable regulation that EPA has
					 determined to be at least as stringent as §61. 154
Regulated Asbestos-Containing Material
					 (RACM)
-
a. friable asbestos
				  material;
b.
category
				  I
and
II nonfriable ACM
that has become friable such
				  as asbestos-cement material that is not removed from a facility prior to
				  demolition;
c.
category
				  I
and
II nonfriable ACM
that has a high probability
				  of becoming or has become crumbled, pulverized, ground, sanded, cut, abraded,
				  or reduced to powder by the forces that have acted or are expected to act on
				  the material in the course of
demolition
or
renovation
operations; or
d.
resilient floor covering
or the asbestos-containing mastic used to attach it to the floor surface that
				  is scraped, sanded, abraded, bead blasted, cut, ground, crumbled, pulverized,
				  or reduced to powder by any means, either hand or mechanical equipment. This
				  definition does not include
resilient floor covering
removed
				  by using dry ice, heat, wet methods, and chemicals where the tiles or sheeting
				  are removed intact (minor tears or minor breakage is acceptable where, for all
				  intents and purposes, the flooring is considered whole) or asbestos-containing
				  mastic that has been removed by chemical or other means that results in the
				  asbestos fibers in
ACWM
being bound within a macro substrate
				  and cannot reasonably become airborne unless further forces are applied.
Remove
-to take out
RACM
or facility components that contain or are covered with
RACM
.
Renovation
-altering a facility or one or
					 more facility components in any way, including the washing, stripping, or
					 removal of
RACM
from a facility component. Operations in which
					 load-supporting structural members are wrecked or taken out are
demolitions
.
Resilient Floor
					 Covering
-asbestos-containing floor tiles, including asphalt and vinyl
					 floor tile, and sheet vinyl floor covering containing more than 1 percent
asbestos
as determined by using polarized light microscopy
					 according to the method specified in appendix E, subpart E, 40 CFR part 763,
					 section 1, polarized light microscopy.
Response Action
-a method, including
					 actions during demolition or renovation that provides for removal,
					 encapsulation, enclosure, repair, and operations and maintenance activities,
					 that protects human health and the environment from
RACM
.
Roadways
- surfaces on which vehicles
					 travel. This term includes public and private highways, roads, streets, parking
					 areas, and driveways.
Strip
- to take off RACM from any part of
					 a facility or facility components.
Structural Member
- any load-supporting
					 member of a facility such as beams and load-supporting walls; or any
					 non-load-supporting member, such as ceilings, roofs and non-load-supporting
					 walls.
Urban Renewal-
demolitions or renovations
					 of blighted or condemned properties authorized or conducted by government
					 entities (city, parish, or state) as part of commercial or public
					 projects.
Visible Emissions
- any emissions, which
					 are visually detectable without the aid of instruments, coming from RACM or
					 asbestos-containing waste material, or from any asbestos milling,
					 manufacturing, or fabricating operation. This does not include condensed,
					 uncombined water vapor.
Waste from Asbestos Control Devices
- any
					 waste material that is placed or collected in asbestos control
					 equipment.
Waste Generator
- any owner or operator of
					 a source covered by this Subchapter whose act or process produces
					 asbestos-containing waste material.
Waste Shipment Record
-the shipping
					 document, asbestos disposal verification form, (ADVF), required to be
					 originated and signed by the waste generator or the owner or operator of a
					 demolition, renovation, response action or
ACD
activity, used
					 to track and substantiate the disposition of asbestos-containing waste material
					 to an RAL.
Wet Methods-
for resilient floor
					 coverings, wetting sufficiently to cause the coverings to break loose or lift
					 from the substrate in whole pieces.
Work Area Controls-
work practices and
					 engineering procedures that shall be used when removing
RACM
,
					 as outlined in OSHA
					 29 CFR
					 1926.1101.g.
Working Day
- Monday-Friday, including
					 holidays that fall on any of the days Monday-Friday.