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Florida Chapter 62-257 Asbestos Program

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Florida Chapter 62-257 Asbestos Program FLORIDA FLORIDA CHAPTER 62-257 ASBESTOS PROGRAM 62-257.100 Purpose and Scope. 62-257.200 Definitions. 62-257.300 Applicability. (Repealed) 62-257.301 Notification Procedure and Fee. 62-257.350 National Emission Standard for Asbestos. (Repealed) 62-257.400 Fee Schedule. 62-257.401 Enforcement. (Repealed) 62-257.900 Form. Purpose and Scope. (1) This chapter implements Section 376.60, F.S., by establishing a fee schedule for asbestos removal projects. (2) The purpose of the Department's asbestos removal program is to prevent the release of significant amounts of asbestos fibers to the outside air during demolition or renovation activities. Asbestos fibers in the outside air present a risk to human health. (3) The purpose of the fee is to fund the implementation of the Department's asbestos removal program as prescribed in this chapter and in 40 CFR Part 61, Subpart M – National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asbestos, adopted and incorporated by reference in Rule 62- 204.800, F.A.C. (4) This chapter requires prior notification to the Department in accordance with 40 CFR Part 61, Subpart M. Specific Authority 376.60, 403.061 FS. Law Implemented 376.60, 403.061 FS. History– New 3-31-94, Formerly 17-257.100, Amended 11-23-94, 3-24-96, 2-9-99. The Center to Protect Workers’ Rights 1 FLORIDA 62-257.200 Definitions. (1) "Asbestos" means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite and includes trade acronyms products such as amosite. (2) "Asbestos-containing Materials", ACM, means any materials which contain more than one percent asbestos as determined by Polarized Light Microscopy. (3) "Asbestos Removal Project" means a renovation or demolition operation in a facility that involves the removal of a threshold amount of regulated asbestos-containing material. (4) "Category I Non-friable Asbestos-Containing Material (ACM)" means asbestos-containing packings, gaskets, resilient floorcovering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy. (5) "Category II Non-friable ACM" means any material, excluding Category I Non-friable ACM, containing more than 1 percent asbestos as determined using the methods specified in Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. (6) "Department" means the Florida Department of Environmental Protection. (7) "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. (8) "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 non-routine failures of equipment. (9) "Facility" is as defined in 40 CFR 61.141, adopted and incorporated by reference in Rule 62-204.800, F.A.C. (10) "Friable Asbestos Material" means any material containing more than 1 percent asbestos as determined using the method specified in Appendix A, Subpart F, 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. (11) "Local Air Program," for purposes of Chapter 62-257, F.A.C., only, means a county air pollution control program which meets the criteria of s. 403.182(1), F.S. (12) "Non-scheduled renovation operation" means a renovation operation 2 The Center to Protect Workers’ Rights FLORIDA 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. (13) "Ordered Demolition" means a demolition under an order of a State or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse. (14) "Owner or Operator" means any person or entity who owns, leases, operates, controls, or supervises either the renovation or demolition operation or the site of the renovation or demolition operation. (15) "Planned Renovation Operation" means a renovation operation, or a number of such operations, in which regulated asbestos-containing material will be removed or stripped within a given period of time and that can be predicted. Individual non-scheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience. (16) "Renovation" means the alteration in any way of a facility or of one or more facility components. Operations in which load-supporting structural members are wrecked or taken out are demolitions. (17) "Regulated Asbestos-Containing Material (RACM)" means: (17)(a) Friable asbestos material; (17)(b) Category I non-friable ACM that has become friable; (17)(c) Category I non-friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading; or (17)(d) Category II non-friable ACM that has become crumbled, pulverized, or reduced to powder or has a high probability of becoming 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 40 CFR Part 61, Subpart M, as adopted in this chapter. (18) "Residential dwelling" means any structure or building intended to house a single family, or a residential building having no more than four dwelling units. This term is not intended to include any institutional, commercial, public, or industrial structure, installation or building, any structure or building being demolished as part of a public project, regardless of its previous use, function or ownership, or any building, structure or installation being used partly for residential purposes and partly for commercial, public or industrial use. (19) "State Asbestos Coordinator" means the person designated by the Director of the Department's Division of Air Resources Management to serve as the statewide coordinator for the asbestos program. (20) "Threshold Amount of Regulated Asbestos-containing Material" means at least 260 linear feet on pipes, or at least 160 square feet on other facility components, or at least 35 cubic feet off facility components where the length or area could not be measured previously. The Center to Protect Workers’ Rights 3 FLORIDA (21) "Working Day" means Monday through Friday and includes holidays that fall on any of the days Monday through Friday. Specific Authority 376.60, 403.061 FS. Law Implemented 376.60, 403.061 FS. History– New 3-31-94, Formerly 17-257.200, Amended 11-23-94, 2-9-99. 62-257.301 Notification Procedure and Fee. (1) The notice requirements of Chapter 62-257, F.A.C., Asbestos Program, apply to each owner or operator of a renovation of a facility involving the removal of a threshold amount of regulated ACM or any demolition of a facility regardless of whether or not asbestos is present and to each owner or operator of the site for a renovation of a facility involving the removal of a threshold amount of regulated ACM or any demolition of a facility regardless of whether or not asbestos is present. (2) If a notice is required per Rule 62-257.301(1), F.A.C., the timely submittal of a completed "Notice of Asbestos Renovation or Demolition" form, as promulgated under Rule 62-257.900(1), F.A.C., or an electronically generated facsimile thereof, is required. (2)(a) The notice will be complete when the owner or operator legibly provides all the information requested on the Department's form, and, if applicable, the additional information required by 40 CFR 61.145(b), adopted and incorporated by reference in Rule 62-204.800, F.A.C., for ordered demolitions or emergency renovation operations. (2)(b) The notice will be timely when the owner or operator mails it or delivers it to the Local Air Program or, where there is no Local Air Program, to the Department's District Office having jurisdiction over the site of the renovation or demolition operation, so that it is postmarked or received: (2)(b) 1. At least 10 working days prior to the start of the renovation or demolition operation; or (2)(b) 2. No later than the following working day after an emergency renovation operation or ordered demolition; or (2)(b) 3. At least 10 working days prior to the end of the calendar year preceding the year for which a planned renovation operation notice is being given. (3) The owner or operator who submits a single planned renovation operation notification involving small individual non-scheduled operations shall indicate on the notice form the total amount of regulated asbestos-containing material predicted to be removed during the calendar year based on operating experience. 4 The Center to Protect Workers’ Rights FLORIDA (4) If after the start of the project it is determined that at least 20 percent more regulated asbestos-containing material than originally reported to the Department is to be removed, the owner or operator shall submit a revised notification according to Rule 62-257.301, F.A.C. (5) This notification form, when complete and timely submitted, will satisfy the notification requirements of the EPA's National Emission Standards for Asbestos, 40 CFR 61.145(b).
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