1. SUCCESSFUL DEMOLITION/RENOVATION STEPS 1 & 2 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 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 1 INSPECT THE FACILITY Step 1, the inspection should be performed by a State Certified Asbestos Inspector. A list of licensed companies and inspectors can be found on the DHS website dhs.wisconsin.gov/asbestos/ The Department of Health Services regulates trainers and the content of their classes to enable licensing and the continuing education of fully trained individuals to identify asbestos. To learn more dhs.wisconsin.gov/asbestos/Cert/ Federal, State and City of Milwaukee regulations govern proper identification and handling of ACM.

5. KEY STEP 1 INSPECT THE FACILITY Which buildings require testing prior to reno or demo? The words newer building or recent renovations do not mean the building can be assumed asbestos-free. Asbestos was still used in many common building materials until the middle to late 1980s. In 1989 most asbestos-containing products in the United States was banned..right? Since asbestos was banned, do I need to be worried about products on the market today containing asbestos?

6. KEY STEP 1 INSPECT THE FACILITY Would you know what dates various materials were banned? It is important not to view the dates of the laws or regulations which banned the materials as absolute cutoff dates. In many cases, the laws/regs allowed suppliers to continue to sell out their existing supplies. Many manufacturers may not have been immediately aware of the new laws/regs restricting the use of asbestos products.

7. KEY STEP 1 INSPECT THE FACILITY Significant Dates 1973 - Spray applied fireproofing was banned by the 1973 Clean Air Act Asbestos National Emission Standard for Hazardous Air Pollutant (NESHAP). 1975 Wet-applied and pre-formed (molded) asbestos pipe insulation and pre-formed (molded) asbestos block insulation on boilers and hot water tanks were banned by the 1975 Clean Air Act (NESHAP). 1978 Spray applied decorative ACM (e.g. acoustic ceiling texture) was banned by the 1978 Clean Air Act (NESHAP).

8. KEY STEP 1 INSPECT THE FACILITY Significant Dates 1989 EPA BANS ASBESTOS! EPA issued a final rule under Section 6 of the Toxic Substances Control Act (TSCA) banning most asbestos-containing products in the U. S. 1990 Spray applied materials containing more than 1% asbestos to building structures, pipes and conduits was banned by the 1990 Clean Air Act (NESHAP). UNLESS the material is encapsulated with a bituminous binder during spraying AND the materials are not friable after drying.

9. KEY STEP 1 INSPECT THE FACILITY Significant Dates 1991 EPA ASBESTOS BAN OVERTURNED! As a result, most of the original ban on the manufacture, importation, processing, or distribution in commerce for most of the asbestos-containing product categories of two years earlier was overturned. Only the bans on corrugated paper, rollboard, commercial paper, specialty paper and flooring felt survived. Also, any NEW uses of asbestos remained banned under the 1989 rule.

10. KEY STEP 1 INSPECT THE FACILITY Significant Dates 1999 EPA Guidance specifically lists materials NOT banned! Troweled-on surfacing materials (e.g. cement stucco and gypsum plaster); Asbestos-cement corrugated sheet, shingles, flat sheet, millboard, and pipe(e.g. transite panels, conduit); Asbestos clothing; Pipeline wrap; Roofing felt; Vinyl-asbestos floor tile; Automatic transmission components;

11. KEY STEP 1 INSPECT THE FACILITY Significant Dates 1999 EPA Guidance specifically lists materials NOT banned! (continued) Clutch facings; Friction materials; Brake pads, linings, and blocks; Gaskets; Non-roofing coatings; and, Roof coatings. ewg.org/asbestos/documents/pdf/asb-bans2.pdf

12. KEY STEP 1 INSPECT THE FACILITY The EPA list is far from comprehensive as many other common materials which are not banned are not listed. Asbestos is found in more than 3,000 building materials. Asbestos is also found in added components such as light fixtures, toilet rings and architectural features so inspect before allowing salvaging, auctioning or deconstruction. Asbestos containing products can still legally be manufactured, processed and distributed in the U.S. If materials are not wood, metal or glass test them they are suspect. Inspectors can assume asbestos to be present or they can identify it through testing. They can not assume it to be negative.

13. KEY STEP 1 INSPECT THE FACILITY OSHA Asbestos Standards Misunderstanding related to the non-banning of most ACM is a major component in the failure to properly inspect all buildings prior to renovations or demolitions. Nothing has done more to confuse the issue than OSHAs revision to the asbestos standards in 1994. These revisions introduced the concept of the presumed asbestos-containing material (PACM). PACM was defined as thermal system insulation and surfacing material found in buildings constructed no later than 1980.

14. KEY STEP 1 INSPECT THE FACILITY OSHA Asbestos Standards Elsewhere in the OSHA regulations, the 1980 date was included as the cut-off date for which asphalt and vinyl flooring material needed to be considered asbestoscontaining, if not proven otherwise by laboratory analysis. Nowhere in this regulation is it stated that materials in buildings constructed later than 1980 were to be considered non-asbestos-containing. BEWARE of environmental reports (including many Phase I site assessments) indicating asbestos is not a concern after 1980.

15. KEY STEP 1 INSPECT THE FACILITY Often Cited Architects Letter Exclusion A further source of confusion regarding the need to conduct an asbestos inspection is an exclusion described in 40 CFR Part 763.99(a)(7) - AHERA. This exemption allows that an architectresponsible for the construction of a new school building built after October 12, 1988...signs a statement that no ACBMor to the best of his or her knowledgewas used as a building material in the building This exemption applies only to AHERA regulations and does not meet the requirements of a thorough inspection as required by the NESHAP rule or OSHA Asbestos in Construction Standard.

16. KEY STEP 1 INSPECT THE FACILITY An inspection must be performed to identify any ACM that may be disturbed during the project. The inspection must be thorough so that the building occupants, workers, other contractors, the general public and the environment are not unknowingly exposed to asbestos. Occupied building inspections that do not allow for destructive invasive inspections must be either re-inspected at a later date or assumed that it exists. (i.e., pipe chases or multi-layered systems) Building components, including concrete, must be sampled if they will be recycled or repurposed through deconstruction.

17. KEY STEP 1 INSPECT THE FACILITY Many inspection reports will assume non-friable materials, as the NR 447 rule allows these items to remain with the facility for demolition. Unless tested, they are asbestos containing. Recycling centers and transfer stations are prohibited from receiving ACM we cannot allow it to become commingled. ACM impacted by concrete crushers will be considered a friable material. Unidentified ACM debris can result in an entire building being landfilled rather than recycled or deconstructed.

18. KEY STEP 1 INSPECT THE FACILITY WDNR requires inspections on certain projects: Two or more contiguous single family homes. Homes that are part of a larger demolition project, including municipal urban renewal projects that include more than one house being demolished within the given year. Multi-family housing or condominiums with five or more units. Industrial, manufacturing or commercial buildings including bridges, farm buildings and churches. Any structure being demolished by a fire-training exercise; often a pre-burn SWAT training may employ destructive methods.

19. KEY STEP 1 INSPECT THE FACILITY WDNR recommends inspections on other projects: Single family homes. Multi-family housing with 2-4 units. Three or more units in the City of Milwaukee DHS recommends inspections in order to insure that only trained and licensed contractors are disturbing the identified ACM. If not tested, must be assumed to contain. OSHA protects the rights of employees to be informed of health hazards they may be exposed to during their work. Hazard communication starts here.

20. KEY STEP 1 INSPECT THE FACILITY Key elements of a proper inspection report are: Title Page full street address including ZIP & County 2. Signature Page inspector name & State ID# 3. Letter to Building Owner affirmation of scope 4. Executive Summary Keep It Simple Smarty 5. Table of Contents 6. Body of Report For more information refer to the WDNR guidance document http://dnr.wi.gov/files/PDF/pubs/am/AM401.pdf 1.

21. KEY STEP 1 INSPECT THE FACILITY Proper Inspection Report Identify exterior and interior suspect materials. State whether any suspect materials were inaccessible during the inspection. Provide means of identifying sample locations at the site. Categorize and provide an estimated quantity and condition of the asbestos containing materials (ACM). Include written recommendations for disposition of ACM identified.

22. KEY STEP 1 INSPECT THE FACILITY Proper Inspection Report Each building should be a separate, detailed discussion if including multiple structures in the same report. Include photographs, building drawings or sketches. Provide a copy of all sample collection data, chain of custody forms, and lab analysis reports. Provide a copy of the inspectors certification card. Other helpful documents such as state or federal regulations/guidance documents, or other printed material, if pertinent.

23. KEY STEP 1 INSPECT THE FACILITY Proper Inspection Report Include any other harmful materials identified such as: suspected or tested lead based paint or components CFCs (chlorofluorocarbons) and halons Mercury PCBs (polychlorinated biphenyls) For a more inclusive list, refer to the WDNR Publication WA-651 Planning Your Demolition or Renovation Project (formerly called Pre-Demolition Environmental Checklist)

24. KEY STEP 2 NOTIFICATION Basic Determinations for Type of Notice to File Scope of work? Demolition/Fire Training Burn or Renovation / O&M Type of structure? Commercial/Industrial or Single Isolated Residential Quantity & type of materials? > or = to 260 lineal, 160 square or 35 cubic feet Friable quantity and Non-Friable quantity Within City of Milwaukee? itmdapps.milwaukee.gov/MyMHome/SearchDB2_prod.jsp

25. KEY STEP 2 NOTIFICATION SCOPE OF WORK - Demolition Project Commercial/Industrial buildings and residential buildings with 5 or more units require notification to the DNR. ALL demolition projects of subject properties require DNR notification whether or not asbestos is present on the project site. Even small quantities are DNR on demos, not DHS. You must file a 4500-113 form allowing for a 10-work day waiting period either on line (using ARDN) or by mail (postmarked 10 work-days ahead) before beginning any demolition activity, including any asbestos abatement.

26. KEY STEP 2 NOTIFICATION SCOPE OF WORK - Demolition Project Contiguous properties may be notified together on the same notice, attach (upload) a chart indicating what materials are in each structure. Non-friable ACM that will not be removed before demolition needs to be notified - including those assumed to contain asbestos. The notice should include the demolition contractor information. If it is marked as TBD, the project could be delayed if the DNR needs time to review the contractor. If the project is in the City of Milwaukee, a permit is required.

27. KEY STEP 2 NOTIFICATION SCOPE OF WORK - Demolition Project Single isolated residential building (with 4 or less units and not part of a larger project) is exempt from WDNR notification but notify DHS when removing ACM that cannot be left in place during demo. You must file a DHS form F-00041 before beginning any abatement activity, including any site set-up. The form will be accepted on line (using ARDN), by facsimile , USPS mail service or via email at dhsasbestoslead@wisconsin.gov . Although you may file the notice the same day as the work, allowing two or more days in advance reduces the fee. Mailing the form must allow for the postmark to be at least 4 working days prior to project start date.

28. KEY STEP 2 NOTIFICATION SCOPE OF WORK Fire Training Burn Project Commercial/Industrial buildings and ALL residential buildings to be used for a fire training burn require notification to the DNR. DHS does not require a separate notification. You must file a 4500-113 form allowing for a 10-work day waiting period either on line (using ARDN) or by mail (postmarked 10 work-days ahead) before beginning any fire/SWAT training or demolition activity that disturbs the asbestos before abatement.

29. KEY STEP 2 NOTIFICATION SCOPE OF WORK Fire Training Burn Project Residential buildings not typically filed with the WDNR are allowed a flat reduced fee for a pre-demolition notification. Be prepared to upload the inspection report or mail it in with the notification. Single isolated residential buildings with less than 5 units do not require notification to the DNR regardless of whether a large amount of RACM is present or whether it is a renovation or demolition unless they will be used for a fire-training burn.

30. KEY STEP 2 NOTIFICATION SCOPE OF WORK Renovation Project Renovation projects only require notification when asbestos removal is involved but keep your inspection report handy! Commercial/Industrial buildings and residential buildings with 5 or more units require notification to the DNR, provided the quantities exceed the 160 square/260 linear/35 cubic feet of regulated asbestos-containing materials (RACM) thresholds. For the DNR, you must file a 4500-113 form allowing for a 10- work day waiting period either on line (using ARDN) or by mail (postmarked 10 work-days ahead) before beginning any renovation activity, including any asbestos abatement.

31. KEY STEP 2 NOTIFICATION SCOPE OF WORK Renovation Project DHS does not require notification in addition to the DNR, they are able to share the DNR s project information. Projects with less than the RACM thresholds must be notified to DHS before setting up for abatement activity. This applies also to enclosure, encapsulation or repair of friable asbestos greater than 3 square or 3 linear feet. DHS does not allow a notice to be placed on hold. Phased projects can be filed with DHS when work does not take place on the project in the one mobilization. On the form this is under Planned Renovation and a overall date span is needed.

32. KEY STEP 2 NOTIFICATION SCOPE OF WORK Renovation Project You must file a DHS form F-00041 before beginning any renovation activity, including any site set-up. The form will be accepted on line (using ARDN), by facsimile , USPS mail service or via email at dhsasbestoslead@wisconsin.gov . Although you may file the notice the same day as the work, allowing two or more days in advance reduces the fee. Mailing the form must allow for the postmark to be at least 4 working days prior to project start date. If the potential exists for non-friable materials to become friable (RACM), file online (ARDN) with DHS or mail a hard copy to DNR as a courtesy copy.

33. KEY STEP 2 NOTIFICATION SCOPE OF WORK Renovation Project If the project falls under small quantity/operations & maintenance (O&M) activity (one waste bag no larger than 60x60 properly filled & sealed) no notification is required to either agency. Home owners can do their own removal as long as they live in the home. If it is a rental, the property owner must be trained/certified to perform asbestos abatement. Any non-family helpers or contractors would need to be trained/certified to perform asbestos abatement. Notification to DHS is still required prior to set up.

34. KEY STEP 2 NOTIFICATION SUMMARY - Renovation Projects Notify the DNR for renovation projects only when quantities of asbestos to be abated exceed 160 square feet or more than 260 linear feet of regulated asbestos-containing material. If square footage or linear footage cannot be quantified, notify when the quantity exceeds 35 cubic feet of off-facility component material. Do not separately notify the DHS. Notify the DHS for all other quantities of regulated asbestoscontaining materials and/or any quantity or category of nonfriable asbestos-containing materials using form F-00041. The notification will be accepted on line (using ARDN), by facsimile, USPS mail service (allow for mailing time) or via email at dhsasbestoslead@wisconsin.gov .

35. KEY STEP 2 NOTIFICATION ADDITIONAL ADVICE & TIPS Have a thorough inspection in hand in order to determine what regulation requirements affect your project. Asbestos not identified in pre-inspections lead to change orders, the possibility of materials being mishandled by non-certified personnel, and potential enforcement actions from the WDNR. It is strongly encouraged that all WDNR notices be electronically filed. Bonus: Immediate confirmation of entries. ALL personnel filing on ARDN need to be registered individually and can all be connected to one company. (Remember to have ex-employees removed from company permissions.) Dont forget to pay the fees immediately to WDNR.

36. KEY STEP 2 NOTIFICATION City of Milwaukee DNS Asbestos Abatement Permits If the demolition or renovation project is within the limits of the City of Milwaukee the Department of Neighborhood Services, may require an Asbestos Abatement Permit per the Code of Ordinances Chapter 66-10, 66-12 & 66-19. The calculations are based on the quantity of material being abated - regardless of friable or non-friable category. DNS refers to this as unity meaning the fractional amounts of the quantity requirements exceed one (1).

37. KEY STEP 2 NOTIFICATION City of Milwaukee DNS Asbestos Abatement Permits 113 ln ft pipe insul 260 = 0.43 130 sq ft floor tile 160 = 0.81 Added together = 1.24 (>/=1.0 = PERMIT) 90 ln ft pipe insul 260 = 0.35 100 sq ft floor tile 160 = 0.63 Added together = 0.98 (