In accordance with the provisions of Section 4-168(a) of the Connecticut General Statutes as amended, notice is hereby given that the Department of Public Health proposes to amend regulations concerning ''Standards for Asbestos Abatement-Notice of Demolition Activities '' under the authority of Sections 19a-332a and 19a-332b of the General Statutes of Connecticut.

Statement of purpose: To amend existing regulations to conform with Section 19a-332b of the Connecticut General Statutes of Connecticut as amended by Public Act 95-317. These regulations are mandated to ensure that there is consideration of the presence of asbestos prior to the commencement of demolition activities.

To receive oral comments on this proposed regulation, a public hearing will be held as follows:

Monday, March 10, 2003
10:00 a.m.
Department of Public Health
410 Capitol Avenue, Hartford (parking in rear)
Conference Room ''F'' - 2nd floor

All interested persons are invited to submit written data, views and arguments in connection with the above regulation. These may be submitted to the Commissioner of Public Health, 410 Capitol Ave., MS#13COM, Hartford, CT 06134-0308.

Copies of this proposed regulation may be obtained from Ronald Skomro, Super-vising Environmental Sanitarian, Department of Public Health, Division of Environmental Health, 410 Capitol Avenue, MS#51-AIR, P.O. Box 340308, Hartford, Connecticut 06134-0308; phone (860) 509-7367.

19a-332a-1. Definitions

The following definitions shall apply for the purpose of Section 19a-332a-1 to Section 19a-332a-16 inclusive.

(a) "Adequately wetted" means sufficiently mixed or coated with water, amended water or an aqueous solution; or the use of a removal encapsulant to prevent dust emissions;

(b) "Amended Water" means water to which a chemical wetting agent or removal encapsulant has been added to improve penetration;

(c) "Asbestos" means the asbestiform varieties of actinolite, amosite, anthophyllite, chrysoble, crocidolite and tremolite;

(d) "Asbestos Abatement" means the removal, encapsulation, enclosure, renovation, repair, demolition or other disturbance of asbestos-containing materials, but does not include activities which are related to (A) the removal or repair of asbestos cement pipe and are performed by employees of a water company as defined in Section 25-32a of the Connecticut General Statutes or (B) the removal of nonfriable asbestos-containing material found exterior to a building or structure other than material defined as regulated asbestos-containing material in 40 CFR 61, the national emission standards for hazardous air pollutants, as amended from time to time;

(e) "Asbestos Abatement Project" means any asbestos abatement performed within a facility involving more than three (3) linear feet or three (3) square feet of asbestos-containing material;

(f) "Asbestos Abatement Worker" means any employee of [an] A LICENSED asbestos contractor who engages in asbestos abatement, HAS COMPLETED A TRAINING PROGRAM APPROVED BY THE DEPARTMENT AND HAS BEEN ISSUED A CERTIFICATE BY THE DEPARTMENT;

(g) "Asbestos Abatement Site Supervisor" means any [individual) EMPLOYEE [who is employed or engaged by an] OF A LICENSED asbestos contractor [to supervise an asbestos abatement project] WHO HAS BEEN SPECIFICALLY TRAINED AS A SUPERVISOR IN A TRAINING PROGRAM APPROVED BY THE DEPARTMENT AND WHO HAS BEEN ISSUED A CERTIFICATE BY THE DEPARTMENT;

(h) "Asbestos-Containing Material" (ACM) means material composed of asbestos of any type and in an amount greater than one percent by weight, either alone or mixed with other fibrous or [nonfibrous] NONFIBROUS material;

(i) "Asbestos Contractor" means any person or entity engaged in asbestos abatement whose employees actually perform the asbestos abatement work;

(j) "Authorized Asbestos Disposal Facility" means a location approved for handling and disposing of asbestos waste by the Connecticut Department of Environmental Protection or by an equivalent regulatory agency if the material is disposed of outside the State of Connecticut;

(k) "Commissioner" means the Commissioner of Public Health or his/her authorized agent;

(1) "Conn OSHA" means the Connecticut Department of Labor, Occupational Safety and Health Division;

(m) "Demolition" means the wrecking or taking out of any load-supporting structural member of a facility [and any related razing, removing or stripping of asbestos] TOGETHER WITH ANY RELATED HANDLING OPERATIONS OR THE INTENTIONAL BURNING OF ANY FACILITY;

(n) "Department" means the Department of Public Health;

(o) "DEP" means the Connecticut Department of Environmental Protection,

(p) "Emergency Asbestos Abatement Project" means an asbestos abatement project which was not planned but results from a sudden unexpected event. This includes operations required by non-routine failures of equipment;

(q) "EMERGENCY DEMOLITION" MEANS A DEMOLITION OPERATION ORDERED BY A STATE OR LOCAL OFFICIAL, THAT IF NOT IMMEDIATELY ATTENDED TO PRESENTS A SAFETY OR PUBLIC HEALTH HAZARD;

[(q)](r) "Encapsulation" means the treatment of asbestos-containing material with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers as the encapsulant creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant);

[(r)](s) "EPA" means the [U.S.] UNITED STATES Environmental Protection Agency.

[(s)](t)"Enclosure" means the construction of an air-tight, impermeable, permanent barrier around asbestos-containing material to control the release of fibers into the air;

[(t)](u) "Facility" means any private or public building or structure including but not limited to those used for institutional, residential (including single family homes), commercial or industrial purposes and vessels while ashore or in drydock;

[(u)](v) "Facility Owner" means the person or entity having title to the facility. For purposes of publicly owned property only, the Facility Owner shall be defined to be the chief executive officer of the federal, state or municipal agency which owns or controls the use of the facility;

[(v)](w) "Friable Asbestos-Containing Material" means any asbestos-containing material that hand pressure can crumble, pulverize, or reduce to powder when dry and no-friable asbestos-containing material that potentially can be broken, crumbled, pulverized or reduced to powder as a result of asbestos abatement;

[(w)](x) "Glove Bag" means a manufactured polyethylene bag type of enclosure with built-in gloves, such as is placed with an air-tight seal around asbestos-containing material and which permits the asbestos-containing material contained by the bag to be removed without releasing asbestos fibers to the atmosphere;

[(x)](y) "Individual" means any human being;

[(y)](z) "Non Friable Asbestos-Containing Material" means any asbestos-containing material that hand pressure can not crumble, pulverize or reduce to powder when dry;

[(z)](aa) "OSHA" means the Occupational Safety and Health Administration of the U.S. Department of Labor,

[(aa)](bb) "Person" means any individual, corporation, partnership, firm, association, sole proprietorship, the State of Connecticut or any of its political subdivisions, or any other entity;

[(bb)](cc) "Removal" means the taking out or stripping of any asbestos-containing materials from surfaces or structural components of a facility;

[(cc)](dd) "Renovation" means altering, in any way other than demolition, one or more structural components. Operations in which load-supporting structural members are taken out are excluded;

[(dd)](ee) "Repair" means the restoration of damaged asbestos-containing material; including but not limited to the sealing, patching, enclosing or encapsulating of damaged asbestos-containing material to prevent fiber release;

[(ee)](ff) "Spot Repair" means any asbestos abatement performed within a facility involving not more than three (3) linear feet or three (3) square feet of asbestos containing material;

[(ff)](gg) "Structural Component" means any pipe, duct, boiler, tank, reactor, turbine, furnace or other component at or in a facility or any structural member of a facility;

[(gg)](hh) "Structural Member" means any load-supporting member of a facility such as beams and load-supporting wails or any non-load supporting member, such as ceilings and non-load supporting walls;

[(hh)](ii) "Visible Residue" means any debris or dust on surfaces in areas within the enclosed work area where asbestos abatement has taken place and which is visible to the unaided eye. All visible residue is assumed to contain asbestos;

[(ii)](jj) "Work Area" means the specific area or location where the actual asbestos abatement work is being performed or such other areas of a facility which the Commissioner determines may be hazardous to public health as a result of such asbestos abatement.

19a-332a-3. Notification [of asbestos abatement] REQUIREMENTS

(a) The asbestos abatement contractor [or], the facility owners OR ANY PERSON WHO WILL BE CONDUCTING DEMOLITION ACTIVITIES shall notify the Commissioner before engaging in any asbestos abatement which involves more than ten (10) linear feet or more than twenty five (25) square feet of asbestos-containing material OR BEFORE ENGAGING IN THE DEMOLITION OF ANY FACILITY. If the notification is provided by the asbestos abatement contractor, a copy of the notification shall be simultaneously submitted to the facility owner. Notification shall be on forms prescribed by the Commissioner. Notification shall be postmarked or hand delivered at least ten (10) days before the start of asbestos abatement[,] OR DEMOLITION ACTIVITIES. [or in] IN the case of emergency asbestos abatement[,] OR EMERGENCY DEMOLITION, NOTIFICATION SHALL BE POSTMARKED OR HAND DELIVERED within one (1) working day after the start of asbestos abatement OR DEMOLITION. A COPY OF THE WRITTEN ORDER REQUIRING DEMOLITION SHALL ACCOMPANY THE NOTIFICATION. This notification shall not relieve the asbestos contractor [or], facility owner OR ANY PERSON WHO WILL BE CONDUCTING DEMOLITION ACTIVITIES of the responsibility for making written notification as may be required by any other municipality, agency of the State of Connecticut, or any agency of the federal government. Such additional federal requirements may include, but are not limited to, notification to the EPA under requirements of the Clean Air Act, the Toxic Substances Control Act, the Asbestos School Hazard Abatement Act, and the Asbestos Hazard Emergency Response Act.

(b) A single ASBESTOS ABATEMENT notification may be provided to the Department for asbestos abatement which will cumulatively involve more than ten (10) linear or more than twenty-five (25) square feet of asbestos-containing material when a facility owner can provide an accurate estimate of the additive amounts of asbestos-containing material. Such notification may be provided for a period of time not to exceed one year.

(c) [Notification] ASBESTOS ABATEMENT NOTIFICATION to the Commissioner shall, at a minimum, include the following:

(1) The name, address and telephone number of the asbestos contractor;

(2) The name, address and telephone number of the facility owner;

(3) The exact location of the facility;

(4) The nature of the asbestos abatement;

(5) The type of asbestos abatement activity;

(6) A description of the facility including the size, age and use of the facility;

(7) The amount of asbestos-containing material to be removed, enclosed or encapsulated or contained in the facility or part thereof to be demolished;

(8) The scheduled [starting] START and completion dates;

(9) A description of work practices to be followed to comply with Section 19a-332a-5 to Section 19a-332a-12; AND,

(10) The name and the location of the authorized asbestos disposal facility where asbestos-containing materials will be deposited.

(NEW)(d) A separate notification form shall be completed for each facility undergoing demolition.

(NEW)(e) Demolition notification to the commissioner shall, at a minimum, include the following:

(1) The name, address and telephone number of any person undertaking the demolition;

(2) The name, address and telephone number of the facility owner;

(3) The location and street address (including building number or name and floor or room number, if appropriate), and city of the facility being demolished;

(4) A description of the facility including its size, age and use;

(5) A statement of whether an inspection of the facility has been conducted by a licensed asbestos inspector or inspector/management planner;

(6) The start and completion dates;

(7) The name and the location of the disposal facility where demolition materials will be deposited; and,

(8) The name, address and phone number of the demolition waste hauler.

(b) The asbestos contractor shah record the following information for each project.

(1) The location and description of the project and the estimated amount and type of asbestos involved in each project;

(2) The [starting] START and completion dates of the project;

(3) A summary of the procedures used to comply with Sections 19a-332a-5 to 19a-332a-12;

(4) The name and address of the authorized asbestos disposal facility and verification from the authorized asbestos disposal facility indicating the amount of asbestos received for disposal;

(5) The methodology and results of all air sampling conducted during the abatement process;

(6) A complete list of the names and social security numbers of asbestos abatement workers, asbestos abatement site supervisors and other agents involved in the asbestos abatement activity and working for the asbestos contractor on that project and individuals entering the enclosed work area;

(7) A log of control of access to the work area;

(8) All records for compliance with the requirements of OSHA, Conn OSHA, DEP and EPA regulations; AND,

(9) Documentation to demonstrate compliance with the post abatement reoccupancy criteria established by Section 19a-332a-12.

19a-332a-5. General requirements for asbestos abatement projects

(a) Signs shall be posted which meet the specifications set forth in 29 CFR [1926.58(k)(1)(ii)] 1926.1101(k)(7)(ii)(A) at all approaches to the work area. Signs shall be posted a sufficient distance from the work area to permit a person to read the sign and take precautionary measures to avoid exposure to asbestos.

(b) The facility heating, ventilating and air conditioning (HVAC) systems within the asbestos abatement work area shall be shut down, locked out and isolated to prevent contaminator of and fiber dispersal to other areas of the facility.

(c) The work area shall be isolated from non-work areas by air-tight barriers attached securely in place. All openings between the work area and non-work areas including but not limited to windows, doorways, elevator openings, corridor entrances, ventilation openings, drains, ducts, grills, grates, diffusers and skylights, shall be sealed airtight with 6 mil polyethylene sheeting.

(d) All movable objects which can be removed from the work area shall be removed. Cleaning of contaminated items shall be performed if the item is to be salvaged or reused. Otherwise the item shall be property disposed of as asbestos waste. All non-movable objects in the work area shall be covered with a minimum of 6 mil polyethylene sheeting secured in place.

(e) Floor and wall surfaces in the work area shall be covered with polyethylene sheeting or equivalent. All seams and joints shall be sealed with tape or equivalent. Floor covering shall consist of at least two layers of 6 mil polyethylene and must cover at least the bottom 12 inches of adjoining wall. Wall covering shall consist of a minimum of two layers of 4 mil polyethylene sheet which shall overlap the floor covering to prevent leaks. There shall be no seams in the polyethylene sheet at the wall-to-floor joints.

(f) Work area access shall be restricted to authorized personnel afforded proper respiratory protection and protective clothing.

(g) Clean-up procedures shall involve high efficiency particulate air (HEPA) filtration and wet cleaning techniques. Amended water shall be used. The sequence of wet cleaning and HEPA-filtered vacuuming shall be repeated until no visible residue is observed in the work area.

(h) Negative pressure ventilation units with HEPA filtration shall be provided in sufficient number to allow at least one (1) work place air change every 15 minutes. Filtered air should be exhausted to areas outside the building which are not near any intake for the building ventilation system.

(i) Waste water generated during asbestos abatement shall be filtered by best available technology prior to discharge.

(j) All asbestos containing waste shall be adequately wetted with an amended water solution and be placed in leak-tight containers.

(k) All leak-tight containers shall be labeled in accordance with OSHA 29 CFR [1926.58] 1910.1200 and EPA 40 CFR Part 61.152 as appropriate.

(l) Disposal of asbestos waste shall be at an authorized asbestos disposal facility. If the authorized asbestos disposal site is located within Connecticut, written authorization for disposal shall be obtained from the Department of Environmental Protection, Bureau of Waste Management.

19a-332a-6. Worker decontamination system for asbestos abatement projects

(a) At all asbestos abatement projects. work areas shall be equipped with decontamination facilities consisting of: a clean room, a shower room, and an equipment room. Each room shall be separated from the other and from the work area by airlocks such as will prevent the free passage of air or asbestos fibers and shall be accessible through doorways protected with two (2) overlapping 4 mil polyethylene sheets. The clean room (or change room) shall be equipped with suitable hooks, tickers, shelves, etc. for workers to store personal articles and clothing. The shower room shall be [continguous] CONTIGUOUS to the clean room and equipment room. All personnel entering or leaving the work area shall pass through the shower room. The number of showers provided shall satisfy the requirements of OSHA 29 CFR 1910.141(d)(3)(ii). Warm water shall be supplied to the showers. The equipment room (dirty room) shall be situated between the shower room and the work area, and separated from both by means of suitable barriers or overlapping flaps such as will prevent the free passage of air or asbestos fibers.

(b) No person or equipment shall leave the asbestos abatement project work area unless first decontaminated by showering, wet washing or HEPA vacuuming to remove all asbestos debris. No asbestos contaminated materials or persons shall enter the clean room.

(c) Where feasible, decontamination systems shall abut the work area. In situations where it is not possible, due to unusual conditions, to establish decontamination systems contiguous to the work area, personnel shall be directed to remove visible asbestos debris from their persons by HEPA-filtered vacuuming prior to donning clean disposable coveralls while still in the work area, and proceeding directly to a remote decontamination system to shower and change clothes.

(d) In specific situations where the asbestos contractor determines that it is not feasible to establish a contiguous decontamination system at a work site, the asbestos contractor shall provide written notification and provide a copy to the facility owner of intent to utilize a remote decontamination system Such systems must be operated in conformance with 29 CFR [1926.58, Appendix F] 1926.1101(j). Such notice shall be made with the notification required under Section 19a-332a-3.

19a-332a-10. Specific requirements for spot repairs

(a) Air-tight barriers shall be constructed to assure that asbestos fibers released during abatement activities are contained within the work area. Glove bags are permitted for removal or repair of asbestos-containing materials.

(b) All asbestos-containing materials shall be wet and placed in leak tight containers prior to being disturbed. They shag be kept wet until containerized.

(c) A HEPA-filtered vacuum cleaner or wet cleaning technique shall be used to clean up the work area following abatement until there is no visible residue.

(d) Asbestos-containing waste shall be properly containerized in appropriately labeled impermeable and leak tight containers prior to disposal.

(e) All leak tight containers shall be labeled in accordance with OSHA 29 CFR [1926.58] 1926.1101(k)(8) and EPA 40 CFR part 61.152 as appropriate.

(f) Waste water generated during asbestos abatement shall be filtered by best available technology prior to discharge.

(g) Disposal of asbestos waste shat: be at an authorized asbestos disposal facility. If the authorized asbestos disposal site is located within Connecticut, written authorization for disposal shall be obtained from the Department of Environmental Protection, Bureau of Waste Management.

Statement of Purpose: To amend existing regulations to conform with Section 19a-332b of the General Statutes of Connecticut as amended by Public Act 95-317. These regulations are mandated to ensure the consideration of the presence of asbestos prior to the commencement of demolition activities.