NOTIFICATION REQUIREMENTS FOR THE ASBESTOS NESHAP
STATE OF NEW MEXICO
Disclaimer: This document is intended for information purposes ONLY, and may not in any way be interpreted to alter or replace the coverage or requirements of the asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR Part 61, Subpart M.
The purpose of the National Emissions Standards for Hazardous Air Pollutants (NESHAP) Regulations is to protect public health and the environment by minimizing the release of asbestos dust (fibers) into the air. These regulations apply both to the facility owner and to the contractor, i.e. both are held responsible. The asbestos NESHAP requires that renovation and/or demolition notices be submitted to the Air Quality Bureau (AQB) when certain conditions are met. We hope the information provided below will assist you in determining when a notice is required and when it is not.
NEW! Asbestos and Fires - Asbestos is one of the most heat-resistant materials known to man but can be highly toxic when asbestos containing materials are burnt or damaged. Read this fact sheet to learn more about protecting yourself and your family from potentially asbestos containing materials in burned structures.
List of Topics addressed in this section:
Asbestos is a common fibrous rock found worldwide which has been used in various products for over 4500 years. It has been used in over 3000 different products such as textiles, paper, ropes, wicks, stoves, filters, floor tiles, roofing shingles, clutch facings, water pipe, cements, fillers, felt, fireproof clothing, gaskets, battery boxes, clapboard, wallboard, fire doors, fire curtains, insulation, brake linings, etc.
Asbestos may be found almost everywhere. Almost everyone is exposed to asbestos, in some form and to some degree, every day. Asbestos containing construction materials were used throughout the nation and naturally occurring asbestos has been reported in at least sixteen different New Mexican mining districts. Asbestos is common in the state, but the presence of asbestos may not be a problem provided that it is not disturbed and fibers are not released into the air. Adverse health effects associated with asbestos exposure have been extensively studied for many years. These studies and epidemiological investigations have demonstrated that breathing asbestos dust (fibers) and/or ingesting asbestos is a health hazard. Primary diseases associated with the inhalation of asbestos fibers are asbestosis, lung cancer, and mesothelioma.
In 1971, following the realization that an increasingly widespread use of asbestos in manufactured products had resulted in a measurable increase of asbestos fibers in the air, the Environmental Protection Agency (EPA) listed asbestos as a hazardous air pollutant. During the following years, steps were taken to prevent airborne asbestos from becoming a universal health hazard. Legislation was enacted and regulations were adopted to prevent airborne asbestos exposure in schools, in public and commercial buildings. Then on November 20th, 1990 the EPA published new revisions to the National Emission Standards for Hazardous Air Pollutants - (NESHAP) (40 CFR Part 61.140-156). The New Mexico State Legislature adopted the NESHAP regulations (20 NMAC 2.78) for asbestos control in New Mexico.
POTENTIAL PENALTIES FOR NON-COMPLIANCE: Violators may be subject to civil action in district court for appropriate relief, including temporary or permanent injunction, pursuant to the New Mexico Air Quality Control Act Section 74-2-12, NMSA 1978 and/or the assessment of civil penalties of up to $15,000 per violation for each day of noncompliance, pursuant to the same section.
Friable asbestos material- means any material containing more than 1 percent asbestos as determined 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.
Regulated Asbestos Containing Material (RACM) means (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 expected in the course of demolition or renovation operations regulated by this subpart.
Category I nonfriable asbestos-containing material (ACM) means asbestos containing packings, gaskets, resilient floor coverings, and asphalt roofing products containing more that 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, Section 1, Polarized Light Microscopy.
Category II nonfriable ACM means any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined 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.
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 subpart is not excluded, regardless of its current use or function.
Note: EPA has determined that the definition of a facility includes single family dwellings operated by a single entity - such as family housing on a military base.
Owner or operator of a demolition or renovation activity means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both.
The first part of Paragraph (a) in Section 61.145 of the NESHAP Regulations under Applicability requires the "owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM."
Once the thorough asbestos survey is completed then the owner and/or operator can determine which parts of paragraphs (a), (b), and (c) of the NESHAP regulations apply.
NOTE: Category I and Category II nonfriable ACM may be or may become RACM and asbestos NESHAP notification requirements hinge on whether ACM is or is not RACM.
We hope that the following facts along with the listed EPA comments and guidance information will provide you with all the information you need to accurately determine whether your planned renovation or demolition activity involves or will involve RACM.
The asbestos NESHAP requires that an asbestos trained person be on site i.e. 40 CFR 61.145 (c) (8) states in part "no RACM shall be stripped, removed, or otherwise handled or disturbed at a facility regulated by this section unless at least on on-site representative, such as a foreman or management level person or other authorized person, trained in the provisions of this regulation and the means of complying with them is present."
AQB recommends that this "trained person" be on site when nonfriable ACM is present so that developing problems can be caught early and corrected without delay.
The National Emission Standards for Hazardous Air Pollutants at Section 61.19 Circumvention states that "no owner or operator shall build, erect, install, or use any article, machine, equipment, process, or other method" to conceal an emissions violation of an applicable standard nor "the piecemeal carrying out of an operation to avoid coverage by a standard that applies only to operations larger than a specified size."
HAVE QUESTIONS???? CALL THE ASBESTOS HOTLINEIf you have any questions please call the New Mexico Air Quality Bureau Asbestos Hotline at 1-800-224-7009, or send email to firstname.lastname@example.org