North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-13 - Emission Standards for Hazardous Air Pollutants › Section 33.1-15-13-02 - Emission standard for asbestos

Current through Supplement No. 393, July, 2024
1.
Applicability.
The provisions of this section are applicable to
				those sources specified in subsections 3 through 17.
2.
Definitions.
All terms that
				are used in this section and are not defined below are given the same meaning
				as in North Dakota Century Code chapter 23.1-06 and in section
				33.1-15-13-01.2.
a. "Active waste disposal site" means any
				disposal site other than an inactive site.
b. "Adequately wet" means to sufficiently mix
				or penetrate with liquid to prevent the release of particulates. If visible
				emissions are observed coming from asbestos-containing material, then that
				material has not been adequately wetted; however, the absence of visible
				emissions is not sufficient evidence of being adequately wet.
c. "Asbestos" means the asbestiform varieties
				of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite
				(amosite), anthophyllite, and actinolite-tremolite.
d. "Asbestos abatement" means any demolition,
				renovation, salvage, repair, or construction activity which involves the
				repair, enclosure, encapsulation, removal, operation and maintenance, handling,
				or disposal of more than three square feet [0.28 square meters] or three linear
				feet [0.91 meters] of friable asbestos material. Asbestos abatement also means
				any inspections, preparation of management plans, and abatement project design
				for both friable and nonfriable asbestos material.
e. "Asbestos abatement project designer"
				means any person who develops the plans, specifications, and designs for an
				asbestos abatement project.
f.
				"Asbestos abatement project monitor" means any person, employed to monitor an
				asbestos removal project to ensure any of the following:
(1) The removal is conducted in accordance
				with state and federal regulations.
(2) State-of-the-art work practices are
				employed.
(3) The abatement is
				conducted as designed.
(4) Personal
				and ambient air samples are collected properly.
Persons acting as the project designer who are not
				  responsible for the proper collection of personal and ambient air samples and
				  employees of the asbestos removal contractor or facility owner are excluded
				  from this definition.
g. "Asbestos abatement supervisor" means any
				person employed by the asbestos contractor who supervises workers engaged in
				asbestos removal, encapsulation, enclosure, and repair. Supervisors may include
				those individuals with the position title of foreman, working foreman, or
				leadman pursuant to collective bargaining agreements.
h. "Asbestos-containing waste material" means
				asbestos mill tailings or any waste that contains commercial asbestos and is
				generated by a source subject to the provisions of this section. 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 includes regulated
				asbestos-containing material waste and materials contaminated with asbestos,
				including disposable equipment and clothing.
i. "Asbestos contractor" means any
				partnership, firm, association, operation, or sole proprietorship that
				contracts to perform asbestos abatement for another.
j. "Asbestos inspector" means any person who
				inspects facilities for asbestos-containing materials.
k. "Asbestos management planner" means any
				person who develops facility plans for the management of asbestos-containing
				materials.
l. "Asbestos mill" means
				any facility engaged in converting, or in any intermediate step in converting,
				asbestos ore into commercial asbestos. Outside storage of asbestos materials is
				not considered a part of the asbestos mill.
m. "Asbestos tailings" means any solid waste
				that contains asbestos and is a product of asbestos mining or milling
				operations.
n. "Asbestos waste from
				control devices" means any waste material that contains asbestos and is
				collected by a pollution control device.
o. "Asbestos worker" means an employee or
				agent of an asbestos contractor, or a public employee engaged in the abatement
				of more than three square feet [0.28 square meters] or three linear feet [0.91
				meters] of friable asbestos material, except for individuals engaged in
				abatement at their private residence.
p. "Category I nonfriable asbestos-containing
				material" means asbestos-containing packings, gaskets, resilient floor
				covering, and asphalt roofing products containing more than one percent
				asbestos as determined using the methods specified in appendix A, subpart F,
				title 40 Code of Federal Regulations part 763, section 1, polarized light
				microscopy.
q. "Category II
				nonfriable asbestos-containing material" means any material, excluding category
				I nonfriable asbestos-containing material, containing more than one percent
				asbestos as determined using the methods specified in appendix A, subpart F,
				title 40, Code of Federal Regulations, part 763, section 1, polarized light
				microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder
				by hand pressure or by mechanical forces expected to act on the
				material.
r. "Commercial asbestos"
				means any material containing asbestos that is extracted from ore and has value
				because of its asbestos content.
s.
				"Cutting" means to penetrate with a sharp-edged instrument and includes sawing,
				but does not include shearing, slicing, or punching.
t. "Demolition" means the 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.
u. "Emergency renovation
				operation" means a 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.
v. "Encapsulation" means a method of asbestos
				abatement that includes the treatment of asbestos-containing materials with a
				sealant material that completely surrounds or embeds asbestos fibers in an
				adhesive matrix to prevent the release of fibers. A bridging encapsulant
				creates a membrane over the surface while a penetrating encapsulant penetrates
				the material and binds the material's components together.
w. "Enclosure" means a method of asbestos
				abatement that includes the construction of a permanent, airtight, impermeable
				barrier around asbestos-containing material to prevent the release of asbestos
				fibers into the air.
x.
				"Fabricating" means 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.
y. "Facility" means 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, but excluding residential buildings having four or fewer dwelling
				units; any ship; and any active or inactive waste disposal site. 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 section is not excluded, regardless of its current
				use or function.
z. "Facility
				component" means any part of a facility including equipment.
aa. "Friable asbestos-containing material"
				means any material containing more than one percent asbestos that hand pressure
				or mechanical forces expected to act on the material can crumble, pulverize, or
				reduce to powder when dry. The term includes nonfriable asbestos-containing
				material after such previously nonfriable material becomes damaged to the
				extent that when dry, it may be crumbled, pulverized, or reduced to powder by
				hand pressure. The percentage of asbestos is determined using the method
				specified in appendix A, subpart F, title 40 Code of Federal Regulations part
				763, section 1, polarized light microscopy. If the asbestos content is greater
				than zero percent, assume the material contains greater than one percent
				asbestos or verify the asbestos content by point counting using polarized light
				microscopy. If a result obtained by point count is different from a result
				obtained by visual estimation, the point count result will be used.
bb. "Fugitive source" means any source of
				emissions not controlled by an air pollution control device.
cc. "Glove-bag" means a sealed compartment
				with attached inner gloves used for the handling of asbestos-containing
				materials. Properly installed and used, glove-bags provide a small work area
				enclosure typically used for small-scale asbestos stripping operations.
				Information on glove-bag installation, equipment and supplies, and work
				practices is contained in the occupational safety and health administration's
				(OSHA's) final rule on occupational exposure to asbestos, appendix G, title 29
				Code of Federal Regulations 1926.58.
dd. "Grinding" means to reduce to powder or
				small fragments and includes mechanical chipping or drilling.
ee. "In poor condition" means the binding of
				the material is losing its integrity as indicated by peeling, cracking, or
				crumbling of the material.
ff.
				"Inactive waste disposal site" means any disposal site or portion of it where
				additional asbestos-containing waste material has not been deposited within the
				past year.
gg. "Inspection" means
				any activity undertaken in a school building, or a public or commercial
				building, to determine the presence or location, or to assess the condition of,
				friable or nonfriable asbestos-containing material or suspected
				asbestos-containing material, whether by visual or physical examination, or by
				collecting samples of such material. This term includes reinspections of
				friable and nonfriable, known or assumed asbestos-containing material which has
				been previously identified. The term does not include the following:
(1) Periodic surveillance of the type
				described in title 40 Code of Federal Regulations 763.92(b), solely for the
				purpose of recording or reporting a change in the condition of known or assumed
				asbestos-containing material;
(2)
				Inspections performed by employees or agents of federal, state, or local
				governments solely for the purpose of determining compliance with applicable
				statutes or regulations; or
(3)
				Visual inspections of the types described in title 40 Code of Federal
				Regulations 763.90(I), solely for the purpose of determining completion of
				response actions.
hh.
				"Installation" means any building or structure or any group of buildings or
				structures at a single demolition or renovation site that are under the control
				of the same owner or operator (or owner or operator under common
				control).
ii. "Leaktight" means
				that solids or liquids cannot escape or spill out. It also means
				dusttight.
jj. "Malfunction" means
				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 operations, or any other preventable upset conditions, equipment
				breakdown, or process failure.
kk.
				"Manufacturing" means the combining of commercial asbestos, or in the case of
				woven friction products, the combining of textiles containing commercial
				asbestos, with any other materials, including commercial asbestos, and the
				processing of this combination into a product. Chlorine production is
				considered a part of manufacturing.
ll. "Natural barrier" means 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.
mm. "Nonfriable
				asbestos-containing material" means any material containing more than one
				percent asbestos as determined using the method specified in appendix A,
				subpart F, title 40 Code of Federal Regulations part 763, section 1, polarized
				light microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to
				powder by hand pressure or mechanical forces expected to act on the
				material.
nn. "Nonscheduled
				renovation operation" means a renovation operation necessitated by the routine
				failure of equipment, which is expected to occur within a given period based on
				past operating experience, but for which an exact date cannot be
				predicted.
oo. "Outside air" means
				the air outside buildings and structures, including the air under a bridge or
				in an open ferry dock.
pp. "Owner
				or operator of a demolition or renovation activity" means any person who owns,
				leases, operates, controls, or supervises a facility being demolished or
				renovated or any person who owns, leases, operates, controls, or supervises the
				demolition or renovation operations, or both.
qq. "Particulate asbestos material" means
				finely divided particles of asbestos or material containing asbestos.
rr. "Planned renovation operations" means a
				renovation operation, or a number of such operations, in which some regulated
				asbestos-containing material 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.
ss. "Public and commercial building" means
				the interior space of any building which is not a school building, except that
				the term does not include any residential apartment building of fewer than ten
				units or detached single-family homes. The term includes, industrial and office
				buildings, residential apartment buildings and condominiums of ten or more
				dwelling units, government-owned buildings, colleges, museums, airports,
				hospitals, churches, preschools, stores, warehouses, and factories. Interior
				space includes exterior hallways connecting buildings, porticos, and mechanical
				systems used to condition interior space.
tt. "Public employee" for the purpose of this
				chapter means any person employed by the United States government or the state
				of North Dakota or any of its political subdivisions who provides service for
				which compensation is paid. This includes employment by appointment or
				election.
uu. "Regulated
				asbestos-containing material (RACM)" means:
(1) Friable asbestos material.
(2) Category I nonfriable asbestos-containing
				material that has become friable.
(3) Category I nonfriable asbestos-containing
				material that will be or has been subjected to sanding, grinding, cutting, or
				abrading.
(4) Category II
				nonfriable asbestos-containing material that has a high probability of becoming
				or has become crumbled, pulverized, or reduced to powder by the forces acting
				on or expected to act on the material in the course of demolition or renovation
				operations regulated by this section.
vv. "Remove" means to take out regulated
				asbestos-containing material or facility components that contain or are covered
				with regulated asbestos-containing material from any facility.
ww. "Renovation" means altering in any way a
				facility or facility components, including the stripping or removal of
				regulated asbestos-containing material from a facility component. Operations in
				which load-supporting structural members are wrecked or taken out are
				demolitions.
xx. "Repair" means
				returning damaged asbestos-containing materials to an undamaged condition or to
				an intact state so as to prevent asbestos fiber release.
yy. "Resilient floor covering" means
				asbestos-containing floor tile, including asphalt and vinyl floor tiles and
				sheet vinyl floor covering containing more than one percent asbestos as
				determined using polarized light microscopy according to the methods specified
				in appendix A, subpart F, title 40 Code of Federal Regulations part 763,
				section 1, polarized light microscopy.
zz. "Roadways" means surfaces on which motor
				vehicles travel. This term includes public and private highways, roads,
				streets, parking areas, and driveways.
aaa. "Strip" means to take off regulated
				asbestos-containing material from any part of any facility or facility
				components.
bbb. "Structural
				member" means any member of a facility, such as beams, walls, ceilings, floors,
				etc.
ccc. "Visible emissions" means
				any emissions which are visually detectable without the aid of instruments,
				coming from regulated asbestos-containing material or asbestos-containing waste
				material, or from any asbestos milling, manufacturing, or fabricating
				operations. This does not include condensed uncombined water vapor.
ddd. "Waste generator" means any owner or
				operator of a source covered by this section whose act or process produces
				asbestos-containing waste material.
eee. "Waste shipment record" means the
				shipping document, required to be originated and signed by the waste generator
				and is used to track and substantiate the disposition of asbestos-containing
				waste material.
fff. "Working day"
				means any day Monday through Friday and includes holidays that fall on any day
				Monday through Friday.