More Asbestos FAQs

7. Question:
In removing asbestos floor tile is it within the regulations to remove the floor tile with a heat machine without a containment provided that the floor tile comes up in whole pieces and not broken? 
Also, is it within the regulations to remove the mastic without a containment provided we remove it by hand and do not use any mechanical means such as a floor buffer with a scrub pad?

Response:
Yes, in removing asbestos floor tile, you may, in accordance with the regulations, remove asbestos containing floor tile with a heat machine without a containment provided that the floor tile comes up in whole pieces and not broken, and remove the mastic without a containment provided it is removed by hand and any mechanical means is not used, such as a floor buffer with a scrub pad.
Mastic is harder to remove--some contractors use chemicals.  Usually, when completing a mastic removal job, there is no glue left to hold the asbestos fibers in place, therefore, such fibers remain.  In order to keep asbestos fibers from becoming airborne, be sure to lock down any fibers after the removal project has been completed.

8. Question:
I am a licensed asbestos inspector in the State of Louisiana, and a Certified Industrial Hygienist.  My client would like to remove resilient floor tile containing ACM in a New Orleans church.  He has asked for me to provide a safe work plan for accomplishing this task.  Must I have an Asbestos Project Designer license to prepare a safe work plan/specifications for this contractor to remove this non-friable material, or is this an exempted activity?   If not exempted, can you give me your recomendation?   He apparently cannot find a licensed Asbestos Project Designer.
 
As long as he does not make the vinyl asbestos floor tile "regulated," the contractor does not need a license and the workers do not need to be accredited
 
Response: 
Using means such as water, chemicals, dry ice, or heat should not make the material regulated when removing. As long as the resilient floor tile remains in good condition, an ADVF would not be needed.  However, if a chipper or other mechanical means is used to removed the tile, the tile would be "regulated."  The definition of Regulated Asbestos-Containing Material in the Air Regs:  LAC:33:III.5151.B state :
Regulated Asbestos-Containing Material (RACM)
a.   friable asbestos material;
b.   Category I nonfriable ACM that has become friable;
c.   Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading; or
d.   Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this Subchapter.
 
 As long as he does not make the vinyl asbestos floor tile "regulated," the contractor does not need a license and the workers do not need to be accredited. 
 
9. Question:
What is the proper way to dispose of asbestos floor tile and asbestos containing roofing shingles, and siding?
 
Response:
According to the following regulation as state below:
See LAC 33:III LDEQ Solid Waste regulations, C. (Facility Operations, Page 69)
1.     Facility Limitations
f.      The disposal of liquid waste, infectious waste, residential waste, industrial waste, commercial waste, friable asbestos, and putrescible waste shall be strictly prohibited and prevented.
 
Therefore, if the waste is NOT friable asbestos (as in the case of Category 1-resilient ACM, such as vinyl asbestos floor tile; and Category 2-asbestos containing cementious roofing shingles and siding), then it is acceptable waste at a Type 3 landfill.  Please keep in mind that this is not business as usual – this is post-Katrina – one of the worst catastrophes that has hit the United States.  We are looking at millions of tons of debris and waste to dispose of and Best Management Practicess are being used that apply to this situation.   Decisions that have been made were done per discussions with all areas of LDEQ and federal agencies, on how to move forward with the monumental clean up and still remain true to the rules and regulations and maintain a high level of safety and environmental protection.  It has been determined that roofing and siding and floor tiles that are ACM do not lend themselves to becoming easily friable and therefore are acceptable in these landfills and is the most appropriate method of disposal. 
 
 
10. Question:
I am a lawyer and I represent a person in a case based on his development of mesothelioma.  In identifying his potential sources of asbestos exposures, we wanted to follow up and wondered if you had info.  He did a survey in connection with the …...  He was surveying the area where there were buildings on (address) which were being torn down that contained (or possibly contained) asbestos. At the time, there was demolition work going on at the …. (to convert bldg to shopping mall).  I know that these types of structures had lots of ACM (vats were insulated, steam pipes, boilers etc) and wondered if you had info on this building.

Response:
Louisiana’s Asbestos program did not begin until 1985 or 1986.  We do not have records of any facilities containing asbestos with the exception of schools and state buildings, for which Asbestos Management Plans are required.  However, after 1985 or 1986, not sure of the exact date, sometime after the program began, if a Renovation or Demolition occurred, facilities were required to notify this agency.  I looked for Jax Brewery and the address on S Front St in New Orleans in our most recent database, which does have old records merged into it but no records were retrieved.
 
For any requests for records, you will need to contact the LDEQ Public Records SectionDatabase records that far back are archived in the LDEQ CDS database, however, there may be paper document records. You should mention that to the Public Records staff when you make your request.
 
11. Question:
I have a project with buildings that have been demolished down to the slab. The owner now wants to demo the concrete slabs also.  The floor tile is not asbestos, but there is a light layer of old (asbestos) glue on the slab.  Can this concrete be demolished and then sent to a construction debris landfill and not a hazardous waste landfill?   Is there a written reg on this, I can reference? 
 
Response:
Yes, the glue would be considered Category 1 asbestos-containing materials & can be disposed in a solid waste C&D landfill.
 
You can look at the definition of Regulated asbestos-containing materials (RACM) in the air regulations, LAC 33:III.5151.B, to determine if the glue is considered RACM.  If not part of the definition, then it is not regulated.
See Questions 8 Response for definition of Regulated asbestos-containing materials (RACM).
 
You can also look at the definition of Construction and Demolition debris in the Solid Waste (SW) regulations for disposal or contact the Water & Waste Division, SW Section at LDEQ if you have further questions regarding disposal.
 Both the Air Quality regulations & Solid Waste regulations can be found at the LDEQ website.
 
Definition of Construction and Demolition Debris from LAC 33:111.5151.B is noted below:   
Construction/Demolition Debris—nonhazardous waste generally considered not water-soluble, including but not limited to metal, concrete, brick, asphalt, roofing materials (shingles, sheet rock, plaster), or lumber from a construction or demolition project, but excluding asbestos-contaminated waste, white goods, furniture, trash, or treated lumber. The admixture of construction and demolition debris with more than five percent by volume of paper associated with such debris or any other type of solid waste (excluding woodwaste or yard trash) will cause it to be classified as other than construction/demolition debris.
 
12. Question:
At the last yearly meeting, there was a discussion about experienced people (non architects or engineers) being able to get certification as a designer. Has there been any provision made in the regulations for this? If I go ahead and take the designer class will I be able to get the LDEQ certification?
 
Response:
Emergency qualifications for Asbestos Project Designer (PD) have been added to the Amended Declaration of Emergency and Administrative Order.  
 
If you meet the qualifications as stated in the Fifth Amended Declaration of Emergency and Administrative Order, take the PD class & apply using the AAC-1 form, you may become a PD.  See information on LDEQ website at can find the information on the Fifth Amended Declaration of Emergency and Administrative Order, Section 65. Asbestos, g. Page 15.
 
13. Question:
Our training organization is located out of the state, but is recognized by EPA. (1) Do we have to be recognized by LDEQ to hold classes in Louisiana for workers to operate within the state? (2) Do we need to have an office located in Louisiana?
 
Response: 
 
(1)  As long as the training organization is a recognized AHERA training provider that is recognized by a state that is EPA authorized, the training provider may train in this state. The training provider must notify and receive approval to train from the state where recognition is held.   Training certificates must comply with the EPA Model Accreditation Plan in order for LDEQ to accept the trainig certificates for accreditation. The LDEQ also requests that the Asbestos Accreditation Form (AAC-1) be downloaded from the LDEQ Asbestos and Lead Page (See response to Question 6).  
Regulations on Louisiana DEQ accreditation can be found in the Louisiana Air Quality Regulations, LAC 33.III.Chapter 27, ξ2799.F.5.a.
  “Unique sequentially-numbered certificates must be issued to students who successfully pass the training course. The numbered certificate must indicate the student’s name, his or her driver’s license or state identification number and the issuing state, the course completed, and the dates of the course and the examination when applicable. The certificate must also include an expiration date for training that is one year after the date on which the student completed the course. The name, address, and telephone number of the training organization must also be indicated on the certificate. The discipline for which training was received shall be stated on each certificate, and a statement must be included that the person receiving the certificate has completed the requisite training for asbestos accreditation as required under TSCA Title II. States or training providers who reaccredit persons based upon completion of required refresher training must also provide accreditation certificates with all of the above information, except the examination date may be omitted.
(2) It is not necessary for the non-Louisiana recognized organization to maintain an office within the boundaries of Louisiana to teach LDEQ accredited asbestos classes. However, if you apply for Louisiana Training Provider Recognition, an office or similar setup is required for paperwork audits. 
 

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