E.P.A.
DEMOLITION & RENOVATION
INSPECTION PROCEDURES
STATIONARY SOURCE ENFORCEMENT DIVISION
OFFICE OF GENERAL ENFORCEMENT
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
20460
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S22. EPA DEMOLITION AND RENOVATION
INSPECTION PROCEDURES
Prepared By
Kenneth B. Malmberg
Stationary Source Enforcement Division
U.S. Environmental Protection Agency
Washington, D. C.
October 1975
•• r,-r^r^a Protection .5-r
p^i,. o, Library (5PL-16)
230 S Dearborn Street, Room 1670
Chicago. IL 60604
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EPA DEMOLITION AND RENOVATION INSPECTION PROCEDURES
Table of Contents
Page
I. INTRODUCTION 1
II. PRE-INSPECTION PROCEDURES 2
A. Briefings 4
B. Preliminaries 4
1. Notifications
2. Equipment Checklist
3. List of Permitting Agencies
III. THE INSPECTION 5
A. Arrival and Entry to the Site 5
1. Safety
2. Authority
B. Regulations and Procedures 5
1. Federal Register Requirements
2. Demolition and Renovation Inspection
Checklist
3. Visible Emissions
H. The Inspection
C. Sampling 12
1. Sampling Procedures
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IV. SAMPLE CUSTODY 15
A. Chain-of-Custody Sample Transfer Record 15
B. Sample Analysis 15
C. Reporting Procedures 16
1. Written Summaries
2. Disposition of Samples
V. CASE DEVELOPMENT CONSIDERATIONS 19
VI. FOOTNOTES 21
VII. APPENDICES 23
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Asbestos Materials
EPA Demolition and Renovation Inspection Procedures
NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
I. INTRODUCTION
Since promulgation April 6, 1973, the NESHAP program,
in particular Part 61.22(d) (demolition procedures), has
been enforced by EPA regional offices. Revisions have now
been made to include renovation projects under this section
also.
The regulations are much more capable of being enforced
on the State and/or local level. Delegation of that
authority to the states is therefore proceeding as rapidly
as possible. In the interim, it is the responsibility of
EPA to enforce these regulations.
Procedures followed in sample collection are
standardized and described below and, if need be, can be
offered as evidence of the "regular course" followed by EPA
in generating any given record.
Written procedures which are followed and will prevent
tampering carry great weight with the courts and facilitate
their admission as evidence under the Federal Business
Records Act.
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II. PRE-INSPECTION PROCEDURES
A. Briefings
Prior to any EPA on-site inspection of a
demolition or renovation project, a Complete inter-
divisional briefing on the purpose and expected results
should be held. Discussion between enforcement attorneys
and the inspectors involved will answer the following type
of questions: (1) Has the company reported its current
projects? (2) Are the regulations clearly understood, and
are copies available for distribution to the contractor?
(3) Is a laboratory available for analysis of samples
immediately after returning from the inspection?
B. Preliminaries
Inspections are initiated by the regional office
and are based on the following information: (1) Direct
contact with the individual contractors; (2) Previous
contact with the city agency responsible for issuing permits
to demolish or renovate; (3) Source addresses obtained
through the 10 day reporting requirement1 and received by
the Enforcement Division. It may be desirable to contact
the company and request the exact time of day the project
will begin, if possible; (t) Random searches for active
inspection sites not reported through the above procedures.
1. Notifications - The State or local air
pollution control agency is notified of pending field
inspections and invited to accompany the EPA inspectors.
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2. Equipment Checklist - The following equipment
is utilized for on-site inspections: Respirator
(disposable); hammer; chisel; crowbar; OSHA approved safety
boots, helmets, and goggles for every person entering the
site; camera, heavy duty lantern; and sample bags.
3. A comprehensive agency list should be
consulted before traveling to any metropolitan area, which
includes names and addresses of the municipal agencies which
issue permits for demolition and renovation contracts. Each
regional office should develop this list for its own use in
the future.
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III. THE INSPECTION
Upon arrival at the city being surveyed, sites are
arranged so that the optimum number of inspections can be
performed in a given time. Since many sites will not yield
asbestos samples, the inspectors must be prepared to move on
to the next site, with a minimum of time expended.
A. Arrival and Entry to the Site
1. Safety - The inspectors are expected to
follow accepted safety procedures in all phases of their
inspection. At no time are they to violate safety measures
applied on the site, and, if in doubt, should ask the
project superintendent for his opinion. In no case should
-«_*. - inspector jeopardize his personal safety to obtain a
sample.
2. Authority - Authority for these inspections
is explicitly given in Section 114(a)(2) of the Clean Air
Act which says in relevant part that EPA inspectors shall
". . . . have a right of entry to, upon, or through any
premises in which an emission source is located . . . "2
B. Regulations and Procedures
1. Federal Register Requirements - Compliance
shall be observed and recorded according to the following
regulations, in 40 CFR 61.22(d) (U) ; as revised:
11 (i) Friable asbestos materials, used to
insulate or fireproof any pipe, duct, boiler,
tank, reactor, turbine, furnace, or
structural member, shall be removed from any
building, structure, facility, or
installation subject to this paragraph. Such
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removal shall occur before wrecking or
dismantling of any portion of such building,
structure, facility, or installation that
would break up the friable asbestos materials
and before wrecking or dismantling of any
other portion of such building, structure,
facility, or installation that would preclude
access to such materials for subsequent
removal. Removal of friable asbestos
materials used for insulation or fireproofing
of any pipe, duct, or structural member which
is encased in concrete or other similar
structural material is not required prior to
demolition, but such material shall be
adequately wetted whenever exposed during
demolition.
(ii) Friable asbestos materials used to
insulate or fireproof pipes, ducts, boilers,
tanks, reactors, turbines, furnaces, or
structural members shall be adequately wetted
during stripping, except as provided in
paragraphs (d) (4) (iv) , (d) (4) (vi) or
(d) (4) (vii) of this section.
(iii) Pipes, ducts, boilers, tanks,
reactors, turbines, furnaces, or structural
members that are insulated or fireproofed
with friable asbestos materials may be taken
out of any building, structure, facility, or
installation subject to this paragraph as
units or in sections provided the friable
asbestos materials exposed during cutting or
disjointing are adequately wetted during the
cutting or disjointing operation and
subsequent removal. Such units shall not be
dropped or thrown to the ground but shall be
carefully lowered to ground level.
(iv) The stripping of friable asbestos
materials used to insulate or fireproof any
pipe, boiler, tank, reactor, turbine,
furnace, or structural member that has been
removed as a unit or in sections as provided
in paragraph (d) (4) (iii) of this section
shall be performed in accordance with
paragraph (d)(4)(ii) of this section. Rather
than comply with the wetting requirement, a
local exhaust ventilation and collection
system may be used to prevent emissions to
the outside air. Such local exhaust
ventilation systems shall be designed and
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operated to capture the asbestos particulate
matter produced by the stripping of friable
asbestos material. There shall be no visible
emissions to the outside air from such local
exhaust ventilation and collection systems
except as provided in paragraph (f) of this
section.
(v) All friable asbestos materials that have
been removed or stripped shall be adequately
wetted to ensure that such materials remain
wet during all remaining stages of
demolition, renovation and related handling
operations. Such materials shall not be
dropped or thrown to the ground or lower
floor. Such materials that have been removed
or stripped more than 50 feet above ground
level, except those materials removed as
units or in sections, shall be transported to
the ground via dust-tight chutes or
containers.
(vi) Except as specified below, the wetting
requirements of this paragraph are suspended
when the temperature at the point of wetting
of friable asbestos materials is below 0°C
(32°F). When friable asbestos materials are
not wetted due to freezing temperatures, such
materials on pipes, ducts, boilers, tanks,
reactors, turbines, furnaces, or structural
members shall, to the maximum extent
possible, be removed in sections prior to
wrecking. In no case shall the requirements
of paragraphs (d) (4) (iv) or (d) (4) (v) be
suspended due to freezing temperatures.
(vii) For renovation operations, local
exhaust ventilation and collection systems
may be used, instead of wetting as specified
in paragraph (d) (4) (ii), to prevent emissions
of particulate asbestos material to outside
air when damage to equipment resulting from
the wetting would be unavoidable. Upon
request and supply of adequate information,
the Administrator will determine whether
damage to equipment resulting from wetting to
comply with the provisions of this paragraph
would be unavoidable. Such local exhaust
ventilation systems shall be designed and
operated to capture the asbestos particulate
matter produced by the stripping and removal
of friable asbestos material. There shall be
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no visible emissions to the outside air from
such local exhaust ventilation and collection
systems, except as provided in paragraph (f)
of this section.
(5) * * *
(6) The demolition of a building, structure,
facility or installation, pursuant to an
order of an authorized representative of a
State or local governmental agency, issued
because that building is structurally unsound
and in danger of imminent collapse is exempt
from all but the following requirements of
paragraph (d) of this section:
(i) The notification requirements specified
by paragraph (d)(2) of this section;
(ii) The requirements on stripping of
friable asbestos materials from previously
removed units or sections as specified in
paragraph (d)(4)(iv) of this section;
(iii) The wetting, as specified by paragraph
(d) (4) (v) of this section, of friable
asbestos materials that have been removed or
stripped;
(iv) The portion of the structure being
demolished that contains friable asbestos
materials shall be adequately wetted during
the wrecking operation.
(e) * * *
(f) Rather than meet the no-visible-emission
requirements [above] ... an owner or
operator may elect to use the methods
specified by S61.23 to clean emissions
containing particulate asbestos material
before such emissions escape to, or are
vented to, the outside air.
(g) Where the presence of uncombined water
is the sole reason for failure to meet the
no-visible-emission requirement ... of
this section, such failure shall not be a
violation of such emission requirements."
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2. Demolition and Renovation Inspection
Checklist - The attached checklist (Appendix 1) provides an
example of a format to accurately record the inspector's on-
site observations.
3. Any visible emissions observed from sources
specified in parts (d) (U) (iv) and (d) (H) (vii) are recorded
on the Demolition and Renovation Inspection Checklist.
These sources include any local exhaust ventilation and
collection system used in lieu of complying with the wetting
requirements of 861.22(d) while stripping friable asbestos
material or during renovating operations subject to
(d) (4) (ii). There shall be no visible emissions from these
sources, except as provided by paragraph (f) (above).
4. The Inspection - The following steps should
be followed in removing, analyzing, and protecting asbestos
samples obtained from active inspection sites:
a. Immediately contact the supervisor. This
is followed by a statement of the reason for the visit and
presentation of adequate credentials. Credentials are
obtained in accordance with EPA Order tmOO.l, revised
December 23, 197U. Copies of section 61.22(d) should be
given to the job superintendent at the time of inspection,
with an explanation of the inspection purpose.
b. Request permission to enter the site,
and that hazardous work cease during this time. When
permission is granted, and hazardous work has ceased, then
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the inspection may proceed. If permission is refused, the
inspector should not contest the issue, but should obtain
the name and position of the individual involved, before
leaving the site. The inspector should acquaint the
supervisor with right of entry provisions contained in
section 114 of the Clean Air Act. In most cases, the issue
can be resolved and entry obtained, by citation of relevant
subsections of 8114(a) (2) as follows:
"The Administrator or his authorized
representative upon presentation of his
credentials -
(A) shall have a right of entry to, upon, or
through any premises in which an emission source
is located or in which any records required to be
maintained under paragraph (1) of this section are
located, and
(B) may at reasonable times have access to and
copy any records, inspect any monitoring equipment
or method required under paragraph (1), and sample
any emissions which the owner or operator of such
source is required to sample under paragraph (1)."
Either Subpart (A) or (B), or both, may be recited and
referenced so they are clearly heard and understood by the
parties involved.
c. After entering, if a demolition project,
first determine if demolition of any load-supporting
structural members has occurred. All information is
recorded on the Demolition and Renovation Inspection
Checklist (Appendix 1). Then check any debris which is
being thrown from the upper stories to the ground for the
presence of suspected asbestos material. Note and record
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any resultant visible emissions and obtain a sample, if
possible.
d. If a demolition project, proceed to the
boiler area of the building, to check for asbestos
insulation around the boiler, hot water tanks, or associated
plumbing. If necessary, request permission to remove
sections of walls, or debris. Check structural beams and
columns for asbestos insulation.
e. If suspected asbestos material is being
removed during the inspection, record the procedures used to
wet the asbestos and remove it from its location. Since the
standard is a work standard, and not a visible emission
standard, (except in parts (d) (4) (iv) and (vii) , above) ,
friable asbestos should be wetted and placed in sealed
containers until it is properly disposed of. Photographs
should be taken of any visible emissions observed during
this procedure.
f. If after reminding the contractor of the
requirements of the regulation, there is still doubt that
some asbestos material will not be removed before actual
work is commenced, try to find out the exact time work will
begin. Then return to the site, if possible, and obtain the
sample after the project has begun. If proper procedures
are being followed, a second inspection will usually not be
necessary.
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g. If work is occurring on the upper levels
of a multistory structure, and it cannot be determined
whether or not the asbestos material has been removed, check
on the availability of water on the upper floors.
h. During and immediately after the
inspection, fill out the attached checklist and cross-
reference any samples obtained with their numbers on the
chain-of-custody tag. (See Appendix 2 for an example of a
chain-of-custody tag.)
C. Sampling
Correct sample collection technique includes the
following rules: (1) Minimum number of people handling the
sample; (2) A standardized sampling procedure is followed;
(3) Appropriate field sheets are completed at the time the
sample is taken; i.e., signed and dated (see Appendices 1
and 2); (4) Photographs are taken to go along with the
written documentation. Properly labeled photographs
(photographer*s signature, time, date, and subject should be
on the back of the photo) are also subject to chain-of-
custody procedures.
1. Sampling Procedures - If suspected asbestos
is found, a sample is removed in the presence of a witness,
and photographs are made of the point from which the sample
is taken. A hammer and chisel are usually used to penetrate
the sample and a large (> 1 Ib.) sample is removed, and
immediately placed in the sample bag. A chain-of-custody
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tag (see Appendix 2) is filled out, with the name of the
contractor, address of site, location of sample, time, date,
name of inspector and witness, and sample number. This tag
is then tied to the sample bag, and retained by the person
taking the sample. Also recorded on the tag is whether or
not the sample was wet at the time it was obtained.
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IV. SAMPLE CUSTODY
A sample is in someone's custody if: (1) it is in his
actual physical possession; (2) it is in his view, after
being in his physical possession; (3) it was in his
physical possession and he locked it up so that no one could
tamper with it; or (U) it is kept in a secured area,
restricted to authorize personnel only.
A. Chain-of-Custody Sample Transfer Record
When transferring possession of samples, the
transferee (receiver) must sign and record the date and time
on the sample transfer record for each sample (see Appendix
3).
Suspected asbestos samples must be properly
packaged in safe contamination free containers.
Laboratory analysis should include a sample
analysis custody sheet similar to Appendix U attached, which
is retained in the file with the actual sample at all times.
It is signed by a responsible official of the laboratory
upon returning the sample to EPA.
B. Sample Analysis
After returning to the office with the sample,
place it in the sample file, and then fill out the sample
transfer record (Appendix 3). The following steps then take
place:
1. The sample (and the sample transfer record
sheet) are taken to a laboratory for a microscopic analysis.
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2. At the laboratory, the sample is transferred
to a responsible official who signs the sample transfer
record, with the time and date recorded.
3. The sample transfer record should be retained
at the EPA office. If the samples are shipped to the
laboratory, provision is made on the record for recording
the date and time of shipping.
4. Upon analysis by the laboratory, a written
summary of findings is submitted to EPA. This information
is for the use of the Enforcement Division in a possible
enforcement proceeding.
5. Notification of violation of the regulations
should be made immediately upon discovery to the appropriate
party within the company by the Enforcement Division.
6. The actual sample, after analysis (which
should take no more than 1 week), is returned to EPA for
possible future uses in an enforcement proceeding, along
with a copy of the sample analysis custody sheet, similar to
Appendix 4.
C. Reporting Procedures
1. Written Summaries - Field reports should be
written to refresh the sampler's memory in the event he
later becomes a witness in an enforcement proceeding; these
reports are an important part of any anticipated case
development, and must be stored in a safe place.
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2. Disposition of Samples - All samples are
retained according to the region1s own chain-of-custody
procedures for possible use in an enforcement proceeding.
No asbestos sample is destroyed until written approval to do
so is obtained from the regional enforcement attorney who is
responsible for the case.
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V. CASE DEVELOPMENT CONSIDERATIONS
Because of varying U.S. District Court interpretations
of the Clean Air Act, it may eventually become necessary to
perform ambient air quality sampling at demolition and
renovation sites. If the regional office thinks that such
sampling will add to its prosecution of a case, then ambient
air sampling may be performed. If ambient sampling becomes
necessary DSSE will so advise the regional offices.
Presently no acceptable method exists to quantitatively
measure ambient air quality around a demolition or
renovation project. Such a method will be developed, if
needed.
The technique of analysis used on "hard" asbestos
samples should be approved by the central regional
laboratory of the regional office, prior to entering into an
analysis agreement with a private laboratory. The regional
laboratory should also specify a minimum standard for
containerizing these samples since they will be handled
frequently and stored for long periods. Commercial
"Baggies" are not adequate for storing samples as they tend
to rupture easily. Reports obtained from a private
laboratory should include comments or conclusions regarding
the friability of the asbestos samples, and the approximate
percentage of asbestos contained therein by weight, if
possible.
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DSSE will suggest appropriate chain-of-custody
procedures in the future, for case development, if the
regional office requests them. Basically, any chain-of-
custody procedure developed by a regional office should
consider as its prime objective the continuous knowledge of
the whereabouts of the asbestos sample.
If requested for case development purposes, the
inspector will return to a previously inspected site to
obtain further evidence of non-compliance with the
regulations. Only by a regular, systematic inspection
procedure, can EPA insure a complete and accurate
determination of compliance with demolition and renovation
regulations.
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VI. FOOTNOTES
*a. National Emission Standards for Hazardous Air
Pollutants, 40 CFR 61.22(d).
b. HO CFR 61, Revised, May 3, 1974.
2 42 USC 1857 et. seq.
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VII. APPENDICES
Appendix 1 - Demolition and Renovation Inspection Checklist
Appendix 2 - Chain of Custody Record
Appendix 3 - Sample Transfer Record
Appendix 4 - Sample Analysis Custody Sheet
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APPENDIX #1
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
DEMOLITION AND RENOVATION INSPECTION CHECKLIST
40 CFS. 61
Wrecker (or other)
Building owner _
Building location
Description of building and approximate age:
Date and time of inspection
Supervisor present, name
Work being done?
Permission to enter given, by whom?
Permission given to take sample, by whom?
General weather conditions
WORK PRACTICES
Visible Emissions Observed: (61.22(d)(4)(iv) and (vii))
Observations:(removing and stripping procedures, visible emissions, waste disposal,
debris being dropped from upper levels)
Photographs taken: (description)
Entry to site refused:
By whom:
Wetting being performed? (Method, number of hoses) is water available in all areas
where suspected asbestos material exists? _____________________________________
Method of removal of suspected material to ground (manual, chute, etc)?
Method of removal to ground in units or sections:
SAMPLING
Sample(s) taken? Sample Number
From where? Friable?
Witnessed by: ____________________________________
Photographs taken? Description:
Comments (discuss specific procedure observed, options exercised, continue on
reverse side)
This operation was/was not being performed in accordance with federal regulations.
Inspector's Signature
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APPENDIX #2
CHAIN OF CUSTODY RECORD
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S. ENVIRONMENTAL PROTECTION CHAIN OF CUSTODY RECORD
AGENCY
NAME OF UNIT AND ADDRESS
SAMPLE NO. TIME TAKEN (hours) DATE TAKEN
SOURCE OF SAMPLE
SAME OF PERSON TAKING SAMPLE (First Initial, Last Name
WITNESS (ES) TO TAKING SAMPLE (First Initial, Last Name
)
)
PLACED FWCA 4200-1 (B-70) WHICH MAY BE USED UNTIL SUPPLY
IS EXHAUSTED.
REVERSE
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I hereby certify that I received this
disposed of it as signed below.
RECEIVED FROM M
DISPOSITION OF SAMPLE
)ATE RECEIVED
sample and
TIME RECEIV1
SIGNATURE
I hereby certify that I obtained this
dispatched it as shown below.
DATE OBTAIN
DATE DISPATC
SENT TO
TIME OBTAIN
sample and
SOURCE
: TIME DISPATCH
METHOD OF
SHIPMENT
SIGNATURE
D
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APPENDIX #3
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
40 CFR 61
DEMOLITION AND RENOVATION
SAMPLE TRANSFER RECORD
Sample Nos:
Sampler
I certify that I released the custody of the ( ) containers ( ) samples listed
above to
(Name or Company)
at
(Agency)
on
_, 197 at
(Location)
(A.M.) (P.M.)
The above samples were released as:
( ) individual samples bearing the numbers above
( ) containers bearing the numbers above
If shipped, these samples were addressed to:
Relinquished by:
(Name)
(Agency)
(Name)
(Agency)
Received by:
(Name)
(Agency)
(Name)
(Agency)
Date/Time
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APPENDIX #4
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
SAMPLE ANALYSIS CUSTODY SHEET
Samples bearing Numbers
were received from
on at by the undersigned
and were in the custody of competent laboratory personnel at all times during
the time required for analyses. After analyses were completed, samples were
locked in a custody room.
At no time were there any unauthorized personnel in the area while the samples
were being analyzed.
Signed
>U S GOVERNMENT PRINTING OFFICE: 1975—210-810:54
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