What is the role of the Agency?
The Southwest Ohio Air Quality Agency is responsible for enforcing state and federal asbestos NESHAP regulations in Butler, Clermont, Hamilton, and Warren Counties. Regulations governing asbestos emission control from demolition, renovation, and waste disposal activities include the Code of Federal Regulations (CFR) 40 CFR 61.145 and the Ohio Administrative Code (OAC) 3745-20.
What constitutes a demolition or renovation activity?
- An operation is a demolition if the overall project involves the wrecking or removing of any load-bearing structural member of a facility regardless of whether or not regulated asbestos containing materials (RACM) are present. Related operations such as removal of demolition rubble or intentional burning are also subject to demolition requirements.
- An operation is a renovation if the overall project does not include demolition activities, but does involve altering a facility in any way, including stripping, removing or disturbing RACM on facility components.
What types of projects require notification?
- The owner or operator of a demolition project must notify for all demolitions involving institutional, commercial, public, industrial, or residential structures, installations, or buildings. This includes bridges, tunnels, apartments with more than four dwelling units, homes which are part of a development project (not privately owned), partial demolitions, churches, power plants, parking garages, and farms. Privately owned homes, residential structures with four or fewer dwelling units, and mobile sources are exempt from having to submit a notification form, unless one or both of the following two conditions exist: (1) More than one residential structure or private home is undergoing demolition as part of the same project; and/or (2) The demolition is being conducted using state and federal funds as part of an urban renewal project. If one or both of the above numbered conditions exist, privately owned homes, residential structures with four or fewer dwelling units, and mobile sources are required to submit a notification form.
- The owner or operator of a renovation project must notify when the amount of RACM stripped, removed, dislodged, cut, drilled, or otherwise disturbed exceeds 260 linear feet, 160 square feet, or 35 cubic feet off facility components. These amounts are a cumulative total of all work that is performed over the course of a calendar year.
When must notification be provided?
- The original notification must be postmarked or hand-delivered to the air agency with jurisdiction in the county where the operation will take place at least 10 working days before the operation begins. Phone and fax notifications are not acceptable for original notification. Each original notification must be accompanied by payment of $100 (checks and money orders should be made payable to Treasurer of Hamilton County).
- Ohio Environmental Protection Agency Notification of Demolition and Renovation Form is available as a pdf (Information can be entered electronically, however requires a hand written signature)
- Instructions for filling out an Ohio Environmental Protection Agency Notification of Demolition and Renovation Form
- Notifications must be updated when substantive information changes or the amount of asbestos changes by more than 20 percent. Revisions may be provided by phone or fax, but must be followed in writing before the operations continue. If the project is to start after the original start date, the revision must be sent prior to the original start date. If the project is to start before the original start date, the revision must be sent at least 10 working days before the new start date.
- Emergency demolition/renovation notices must be postmarked or hand-delivered as early as possible, but no later than the following working day after operations begin, and must include the information as required under notice sections XIV or XV on the notification form. An emergency demolition can be performed only when a facility is determined to be structurally unsound and in danger of imminent collapse and a state or local government agency has issued an immediate demolition order. The order for emergency demolition only applies to the part of the building that is unsound; attached buildings may not be demolished under this order and must be treated as a regular demolition.
How do I fill out a notification form?
- For demolition notifications with no RACM present, all sections must be completed except VII, IX, XII, XIII, XIV, and XV. Category I and II amounts should be indicated in the appropriate column if present, although such projects are still considered demolitions with no asbestos as long as any damaged Category I material and all Category II material is removed prior to demolition. Structures may be demolished with Category I asbestos material in good condition in place as long as the demolition debris will not be ground, crushed or otherwise pulverized.
- For demolitions with RACM present and renovations, all sections of the notification must be completed except XIV and XV.
- For emergency demolitions, all sections except XV must be completed and a copy of the demolition order must be attached to the notification.
- For emergency renovations, all sections except XIV must be completed and all required information must be attached to the notification.
- For Fire Training notifications, all sections must be completed except VII, IX, XII, XIII, XIV, and XV. Include the name and address of the fire department conducting the training in section V as "Other Operator". Structures may not be burned if asbestos-containing material (ACM) of any kind is present, including Categories I and II. All structures must have a survey conducted by an Ohio Asbestos Hazard Evaluation Specialist, and if asbestos is found to be present, it must be removed prior to burning the structure.
What information must be provided on the notification form?
The "Operator Project #" is optional and is provided for the person submitting the notice to indicate a project number.
- Identify if the notice is an original, revised, or canceled.
- Provide a complete facility description including the specific portion of the facility affected by the operations. Building size must be estimated in square feet, number of floors, and age in years. Also include the present and prior uses.
- Identify the type of operation.
- Declare whether or not asbestos is present in any quantity.
- Complete all spaces identifying the Owner, Removal Contractor (when applicable), and Other Operator (when applicable). The removal contractor is the party removing the asbestos. Fire departments burning a structure and demolition/general contractors should be entered under the "Other Operator" heading.
- Include the procedure used to detect and analyze asbestos samples in this section of the form. An Ohio Asbestos Hazard Evaluation Specialist must survey all projects. The name and certification # of the Ohio Asbestos Hazard Evaluation Specialist must also be indicated in this section. If the survey is in progress when the original notification is submitted, indicate this on the form and follow up with a revision to indicate the results of the survey. All operations should have the records of the inspection and analyses available for inspections on-site during active operations.
- Quantify asbestos in the three columns (RACM, Nonfriable Asbestos Material to be Removed, Nonfriable Asbestos not to be Removed).
- Note the start and ending date for demolition or renovation.
- Include the scheduled dates and hours of operation for asbestos removal and check off the days of the week operations will be active.
- Describe the demolition or renovation which will occur and the methods or operations that will be employed.
- Describe the work practices and controls that will be used to comply with all air emission requirements, including asbestos removal and waste handling emission control procedures.
- Indicate the names, addresses, and phone numbers of any waste transporters. Complete a Waste Shipment Record prior to consigning any asbestos waste materials to a landfill.
- Identify the waste disposal site and its actual location (this may be different from the mailing address).
- Complete this section only for emergency demolitions. Attach all required items to the notification.
- Complete this section only for emergency renovations. Attach all required items to the notification.
- Describe the procedures to be followed in the event unexpected asbestos is found or nonfriable asbestos becomes RACM. This will prevent delays or the need for complete re-notification. The notice must be updated in the event asbestos quantities change by 20 percent or more.
- A NESHAP trained person must be available for all projects during normal business hours. An authorized officer of the owner or operator must sign this section.
- The form must be signed and dated by an authorized officer of the owner or operator.
Frequently Asked Questions from the Public
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