SCAQMD Notice to Comply - Procedure 5 - Asbestos

The South Coast Air Quality Management District (SCAQMD) responds to complaints of possible asbestos disturbance lodged by building occupants, tenants and employees.  They can be reached at (909) 396-2000 or 800-CUT-SMOG (800-288-7664).

The SCAQMD is by far the most active environmental regulatory agency in California, responding to complaints 24 hours a day.  When investigating the possible disturbance of asbestos-containing materials, the AQMD inspector will first request a copy of an Asbestos Survey. By law, AQMD Rule 1403, an asbestos survey is required prior to any demolition or renovation effort).  If no survey report is produced, the agency will immediately issue a "Notice to Comply", or "NTC," requiring that a Certified Asbestos Consultant conduct an asbestos hazard assessment.  If asbestos is identified, that same CAC must prepare and submit a "Procedure 5" (P5) cleanup plan on behalf of the building owner.

A P5 plan is also required for the removal of a buried asbestos-cement "Transite" pipe, regardless of the quantity or the pipe's current condition. 

"Certified Asbestos Consultant"

 Ellis was recently asked to respond to an asbestos-related emergency by a major southern California university.  As the first step in a large building renovation project, an abatement contractor had been hired to remove asbestos materials.  That contractor had been given a copy of the school's campus-wide asbestos survey performed by Ellis in 2007.  But for this project and for the first time, the university chose to manage the abatement project "in-house," i.e. without bid phase assistance or input from a California-certified asbestos consultant (CAC). 

With the project already underway, Ellis was finally called in . . . but only after the contractor had improperly removed eight thousand square feet of identified asbestos flooring and wallboard without proper engineering controls or notification.  When asked why they'd done it, the contractor admitted  they had received Ellis' original asbestos survey report, but had somehow "missed" the presence of these two asbestos materials.  The AQMD automatically investigated, cited the contractor, and mandated that a CAC direct all subsequent cleanup operations.  Ellis performed this service, administered remaining abatement, and the project was completed without further incident. 

Prior to this, the facility had had a 15 year record of successful abatement projects with the assistance of a Ellis' qualified CACs.  Following the incident, they returned to that successful protocol.

 California OSHA considers the administration of an asbestos abatement project to be a “Health and Safety” service, requiring the participation of a CAC.  OSHA defines a CAC as "Any person who contracts to provide health-and-safety services relating to asbestos-containing construction material."  OSHA even defines those activities which by law must be performed under the direction of an Asbestos Consultant.

• Building Inspection
• Abatement Project Design
• Contract Administration
• Sample Collection
• Preparation of Asbestos Management Plans
• Clearance Monitoring
• Supervision of Site Surveillance Technicians

 In the scenario above, had a CAC been properly retained at the start, the facility would have avoided significant penalties and delays, since its consultant would have properly identified and administered the removal of all impacted asbestos materials. 

REFERENCE

[1] CA Title 8 Section 1529

[2] State of California, Department of Industrial Relations, Division of Occupational Safety and Health, Asbestos Consultant and Trainer Approval Unit, Asbestos Consultant & Site Surveillance Technician Certification Application Package, Revised February 2004.

Environmental Site Assessments

There are three common types of Environmental Site Assessments, or ESAs. They are summarized below:

 1. Phase I Environmental Site Assessment (Phase I ESA).  Primarily an historical records review, a Phase I ESA also includes a site visit and assessment but does not include any testing of soil or building materials.  The Phase I will either state that no issues (“recognized environmental conditions" or RECs) were identified, OR will recommend further testing.  

2. Phase II Environmental Site Assessment.  If the Phase I recommends soil testing, the Phase II ESA designs, performs and reports on that testing.  If reportable quantities of contaminants are identified during this phase, a local regulatory agency will be notified and will monitor the Phase III cleanup.

3. Phase III – Site Cleanup.  The Phase III site cleanup will design and execute a soils cleanup project in cooperation with and/or under the direction of the identified lead agency.  “Remediation” can mean excavation, transport and disposal, or may instead by achieved by in-situ equipment brought to the site.  

Click here to view a decision tree that guides one through the environmental assessment process.

The proper name for it is "Asbestos-Cement", or simply "A-C" pipe, but it is also commonly called by its manufacturer JM's brand name - "Transite" pipe.

A-C pipe is present under most commercial and industrial sites.  Typically buried at a depth of 2 to 7 feet, A-C pipe was installed and used for a number of purposes:

1. Electrical and Telephone Conduit.  Typically 2"-6" O.D. (outer diameter), A-C conduit lines can typically be found embedded in large blocks of concrete, which can make excavation and disposal challenging.
2. High Pressure Fresh Water Line.  Sizes will range from 12" O.D. (main lines) to 4" O.D. (service lines).  Tees and elbows are often embedded in concrete thrust blocks.
3. Sewer Lines.  A-C pipe is a common way to move sewage from homes to the wastewater treatment plant, via 4" service lines connecting to a main line of 24" or more.

In southern California, the South Coast Air Quality Management District (AQMD) now requires that ALL A-C pipes must be excavated and removed in accordance with an approved "Procedure 5" (or simply "P5") application.  The P5 must be prepared by a California certified asbestos consultant (CAC) and must accurately describe a plan to excavate, expose, remove, wrap and dispose of A-C pipe wherever it is found.  Typically, this process will require approximately 3 weeks to complete, including the 2-week notification period to the AQMD.

Sometimes the A-C pipe must be removed or cut immediately, to repair a leak for example.  In such cases, the AQMD will consider an "emergency response" request. This can also be drafted by the CAC but must be submitted on the Owner's letterhead, along with Procedure 5 submittal and the Contractor's AQMD notification form. 

Although the "Procedure 5" request is required for any asbestos material that has been unintentionally disturbed, it is most commonly used to effect the excavation and removal of known A-C pipe.  Ellis typically prepares 3 - 5 A-C-pipe-related P5 requests each month.

On large grading or excavation projects, the AQMD will also consider extending a single, approved P5 notification for a maximum 6 months. 

Asbestos Surveys - What to Look For

Prior to demolition or renovation of a public or commercial building, most municipalities require that the building first be surveyed for asbestos materials.  Any asbestos identified must be removed prior to demolition.  This is also a requirement of Cal. Title 8 1529 and 29CFR 1926.1101.

Ellis has performed hundreds of asbestos surveys in Torrance, Santa Monica, Redondo Beach, Manhattan Beach, Los Angeles and other cities in the South Bay region.  Occasionally we're asked to review asbestos survey reports prepared by other firms.

When reviewing reports prepared by other firms, we often see the same sorts of errors, omissions or deficiencies:

1.  Too many reports are needlessly complex and difficult to understand.  An asbestos survey report should be written simply, and its sections prioritized like a newspaper.  

The most important information - where is the asbestos in my building and what is its condition? - should be first, in the form of an executive summary.  This should be followed by brief sections on methodology, a discussion of results, recommendations and a signatory.  Appendices should include a table summarizing results, drawings to show sample and asbestos material locations, laboratory results, and so on.  You should be able to gain an understanding of the asbestos materials in your building - including their location, quantity and condition - within five minutes of reading your report.

2.  Identified asbestos materials MUST be quantified.  This is a requirement of AQMD Rule 1403 (among others).  Many firms balk at visiting a site a second time merely to calculate quantities of  identified asbestos. But doing so is easier and much more efficient than quantifying every sampled material (asbestos and non-asbestos) during the initial survey effort.

3. Differentiate between plaster and wallboard.  Too often, a testing agency will find asbestos in joint compound in wallboard, and then include all plaster walls in their recommended abatement scope.  This is a mistake that can cost hundreds of thousands in unnecessary abatement costs., and few bidding contractors are likely to point out that mistake.

4.  Identify any areas not accessed, and why.  We recently were asked to re-survey a defense contractor's primary office facility in El Segundo.  During our re-sampling effort, we managed to find 16 different suspect materials that were not identified or sampled in the original survey.  The project was stopped when the abatement contractor correctly brought this to the Owner's attention.  A thorough survey will include lifting of suspended ceiling tiles, opening attic and wall hatches, lifting carpet to see what's underneath, etc.  Of course, complete visual access to all materials would require demolition of walls and floors, something that is rarely possible in an occupied building.  But representative areas can usually be accessed, with subsequent assumptions made and defended in the report.  

5.  Prepare simple CAD drawings to show where asbestos materials are present.  Sample location drawings can be useful, but it's the material location drawings that will be used by bidding contractors. 

6.  Resolve "Trace" Results.  California OSHA regulates any material containing greater than 0.1%  asbestos by weight.  Standard lab analysis methods (PLM) are incapable of achieving this level of accuracy and any results reported as "trace" or "<1%" should be re-analyzed by other methods (either a "1000-point count" or TEM) to accurately assess whether the material must be treated and handled as asbestos.

6.  Include photographs of identified asbestos materials.  This avoids any misinterpretation of the report. 

While not all of the above steps are required when sampling small individual areas or locations, they are a basic requirement of any full-building survey.  We're constantly surprised by how often one or more of the above are omitted.

Whether prepared by us or by another firm, if you have trouble interpreting your asbestos survey report, give us a call at 310 544 1837. 

Ellis has helped many of its clients with their filing requirements under the National Pollution Discharge Elimination System (NPDES).

Ellis can help you prepare Storm Water Pollution Prevention Plans (SWPPP) and applications for NPDES discharge permits. Once SWPPP or discharge permits are in place, Ellis can prepare the annual reports to the Regional Water Board or State Water Resources Control Board and assist in any required sampling or inspections as needed. 

Large or small, every abatement/demolition project requires the same basic steps:

1.  ASSESS:  What asbestos, lead or other hazardous materials will be impacted by the proposed project?  Only a hazmat survey can provide this information.  For small specific areas, this may be as simple as collecting a few samples of wall, ceiling and flooring materials.

2.  SCOPE OF WORK:  If hazardous materials are found, their removal should be a normal, scheduled part of your renovation/demolition project.  Identify when the materials will be removed, the duration of the abatement project, clearance requirements, etc.

3.  PROCURE BIDS:  For a small project, a price may be negotiated with a single contractor based on an informal viewing or verbal description of the work.  For larger private projects, a formal scope of work should be distributed to a select number of trusted firms.  For public works, the bid process will be advertised, and a formal bid conference will be scheduled.  In both of these cases, minutes of that conference, and any changes to the scope, should be provided in writing to all planholders.

4.  PRE-START MEETING:  Use this to discuss the finer details of the scheduled project - staffing, notification to regulatory agencies, specific start and finish dates, hours of work, emergency protocols and contacts, utility, staging and waste storage locations, etc.

If the above 4 steps are performed well, the project has a much greater chance of completing successfully and on time.  For smaller projects, an Owner is often able to perform and complete these steps on their own.  For larger projects, Ellis will typically assist with or provide each effort on behalf of the Owner. 

After the Rain

Severe, continued rains can cause water damage in buildings.  The most common entry points are:  (1) roof leaks, (2) poor window seals, and (3) water puddling adjacent to exterior walls.  

If water has entered your building, you can take immediate steps to lessen the effects of the damage:

1. Most important, identify walls that have become wet.  Moisture usually collects along baseboards, wicking up the wallboard for a foot or two.  A moisture meter will be useful for this initial assessment.

2.  Wherever possible, remove wet wallboard quickly, then clean and dry the inner wall space.  If you've had to wait more than a week to strip that wallboard, carefully inspect the back (inner) side of the wallboard for signs of mold (which usually starts as small, dark round spots) and discoloration.  If found, you may need an abatement contractor to complete the job, for what is often a significantly higher cost.  If you've waited more than 3 weeks, you should probably bring one on board right away. 

(We're not overly encouraged by restoration contractors who drill holes in walls and then try to dry the inner wall space with fans and dehumidifiers.  Particularly when wet insulation is present, these efforts are rarely as effective as removing the wet walls, and are often much more expensive.)

3.  Assuming you were able to strip the wallboard prior to any mold growth, use that drying time to identify and correct the source of the water intrusion.  Make sure the area is dry before installing new materials. 

4.  The above 3 steps are your best defense against future mold growth, and will help keep a small problem from becoming a very large one.  Contact our office for additional information. 

And by the way, unlike wallboard paper (an excellent host for mold growth), soaked carpet is generally a poor host.  Tacked down carpet that has become soaked can sometimes be lifted and dried.  Removal of glued-down carpet is much more difficult, and may not be necessary if the carpet is on a concrete substrate.  Here, thoroughly wet-vacuuming and dehumidifiers are probably appropriate. 

Office Indoor Air Problems

Pollutant Sources

Since 1994, Ellis has responded to hundreds of indoor air quality complaints.  In order of frequency, identified sources are listed below:

1.  Carbon dioxide buildup.  Particularly in a crowded office or other environment, the buildup of carbon dioxide, a constituent of human breath, will eventually lead to complaints of itchy, watery eyes, itchy skin, and other allergy-type symptoms. Even at concentrations of one percent carbon dioxide can lead to drowsiness and decreased productivity. Increasing the amount of fresh air into the space typically solves the problem - see below.

2.  Poor ventilation.  Whether as a result of cost-cutting maintenance deferral, staffing cuts or ignorance, it is not uncommon for a building's heating, ventilation and air-conditioning (HVAC) system to fall into a state of neglect.  All ventilation systems include an air filtering system at their intake point.  If these filters are not inspected and changed frequently, fresh air is curtailed, and complaints rise. In any IAQ investigation, Ellis will always ask to inspect the HVAC system serving the area of complaint.

3. Ultra fine particles (UFPs). UFPs are those particles measuring less than 0.1 micron in diameter.  In any given sample of air, UFPs constitute the greatest number of particles, yet make up only a small fraction of the mass. They can come from a wide variety of sources, including laser printers, fax machines, photocopiers, cleaning and chemical agents, smoking areas, leaks in boilers and furnaces, vehicle emissions and outdoor pollutant sources. High UFP concentrations are frequently correlated with air quality complaints. Ellis will inspect potential sources of UFPs to help identify the source of an air quality complaint and recomend administrative controls to help eliminate the complaint.

4. Volitile organic compounds (VOCs). VOCs comprise a number of chemicals with high vapor pressures (evaporate into the air easily). Many are carcinogens and can cause allergy like symptoms. They can be off gassed by newly installed paint, carpet, and furnishings and also produced by office equipment such as copy machines. In fact, that familiar "new car smell" is the results of newly manufactured plastics and adhesives offgassing VOCs. Ellis can sample for a wide array of VOCs and compare findings with regulatory limits. As the odor threshold for most VOCs are far below exposure limits, we can determine if a chemical smell from new installations represents an actual hazard.