Ohio Building Environment Report Inside this issue: OSHA Update Summary ODH Residential Demolition Requirements ODH Lead Rule Changes OEPA Asbestos Clarifications ODH Proposed Asbestos Rule Changes Membership Application Regional Luncheon Schedule 2 3 4 5 6 BECO President s 2014 Message I would like to thank everyone that attended the 2013 Fall Conference as well as Past President Steve Rucker for his service to our organization. As always, an abundance of great information was provided and the conference was very well attended. Based on the interest at the Conference, we hope to use that momentum to build a larger and stronger BECO. 2014 is setting up to be an active regulatory year for the State of Ohio. The Ohio Department of Health (ODH) is conducting its 5-year review of the current asbestos regulations (OAC 3701-34). This review is part of the required evaluation of regulations required by state law. The first stakeholder meeting is already scheduled for January 22, 2014 at the ODH offices. A copy of the proposed rules changes is on page 6. ODH is also gearing up their enforcement of Lead Based Paint (LBP) and renovations activities involving LBP. Indiana is also gearing up to adjust their existing asbestos regulations. While no specific information was available, we will be reporting in the OBER as soon as we have it available. The BECO Board has already started scheduling regional luncheons in Columbus, Cleveland, Cincinnati, and Toledo for the early part of March. A list of the time and location for each event is on page 7. We have also included a copy of the membership form on page 7. We look forward to a great 2014. Please remember that the Board and BECO office are available to answer questions or provide comments. Timothy P. Stevenson, BECO President
Page 2 Ohio Building Environment Report Region V OSHA Update Summary By: Tim Stevenson, TSI This year Melissa Linton, Columbus, OH Office of OSHA, presented the review of the OSHA Voluntary Protection Program (VPP). This program was developed by OSHA to assist employers by lowering workplace injuries and lower costs. There are four major components to the VPP,..management commitment and employee involvement; worksite analysis; hazard prevention and control; and safety and health training.. A full safety and health management plan should include each of these areas. The advantages of implementing a safety and health management plan included reducing work related injuries and illnesses, improve employee moral and productivity, and reduce workers compensation cost. OSHA looked at a study conducted by Liberty Mutual evaluating the cost of injuries to the worker. This study identified that costs to employers had climbed from 1998 to 2008. The study indicated that direct costs to employers was $47.6 billion per year. This cost does not include any indirect cost to the employer, i.e. replacement of employee, training, loss of productivity, ect. Based on the data presented, the comprehensive safety and health management plan developed in VPP can reduce injuries in the workplace fifteen to thirty five percent. This save $9 to $23 billion a year to employers. Ohio has a program developed around the VPP called Safety and Health Achievement Recognition Program (SHARP). Melissa used a couple local companies to demonstrate the savings in workers compensation insurance. Participation in these VPP programs are a great way of minimizing employer costs, both in direct costs resulting from injuries and insurance premiums. Melissa Linton, OHST US Department of Labor 200 N High St, Rm 620 Columbus, Ohio 43215 (614) 469-5582
Winter 2014 Page 3 Residential Demolitions ODH Requirements Speaker: Mark Needham, ODH Review prepared by: James Prarat, BECO Trustee The changes in the regulations recently regarding Residential Demolitions has been a hot topic. Mark first explained that ODH does not regulate demolitions, does not require a building inspection prior to the demolition, and does not require asbestos removal prior to demolition. Mark also pointed out that EPA and OSHA regulations do apply to demolitions. Since OEPA does require a building inspection prior to demolition, that inspection must be conducted by an ODH-certified AHES, and that inspection must meet recently promulgated ODH requirements (i.e. be AHERA complaint). OEPA also mandates that abatement greater than 50/50 friable must be conducted by an ODHlicensed Contractor, and a notification to ODH is required. OEPA has some exemptions to their rules, and if OEPA rules do not apply, but the Owner chooses to conduct an inspection and an abatement activity, then the ODH listed in the above paragraph will still apply. However if the Owner chooses not to conduct an inspection or an abatement activity, then refer to the 2 paragraphs directly below to see what regulations will apply. To further complicate the issue, if OEPA rules apply and a residence is demolished without a survey or with ACM in place, then the Contractor who removes greater than 50/50 friable must be ODH-licensed, and ODH notification is required, and OSHA required work practices will apply. Also, all friable waste and debris must go to an OEPA-approved landfill, non-friable ACM is not regulated by ODH unless it becomes friable, and equipment operators do not need to be ODH certified (but OSHA training and PPE may be required). And finally, if OEPA rules don t apply and a residence is demolished with ACM still in place, then all of the requirements listed in the paragraph above are still applicable. Now everything is perfectly crystal clear, right? If not Mark will welcome your questions at 614-644-8665, or by email to mark.needham@odh.ohio.gov.
Page 4 Ohio Building Environment Report Public Hearing of Draft Revisions to OAC 3701-32 Lead-Hazard Abatement The legislative process for revision to Chapter 32 Lead Hazard Abatement has begun. But, as with all rulemaking, changes must meet the Common Sense Initiative (CSI) put forward by the Governor s Office. Meetings with stakeholders began in October 2013. A brief summary of both legislative and enforcement actions was provided by the Ohio Department of Health (ODH) during the Building Environmental Council of Ohio (BECO) Annual Conference in November 2013. As context for the rulemaking and enforcement initiatives outlined below, ODH reminded conference attendees that the Centers for Disease Control (CDC) has recently proposed lowering the definition of childhood lead poisoning from 10 μg/dl to 5 μg/dl based upon mounting epidemiological evidence that adverse central nervous system (CNS) affects occur at lower concentrations. This reduction in biological makers may have profound impacts upon investigations of elevated blood lead (EBL) in children. Proposed changes in Ohio Administrative Code (OAC) included: (a) the definition of a facility to include operations of preschool and school child programs; (b) the requirement to take soil samples at childcare facilities after renovation, renovation and demolition; (c) the extension of the licensure period to two years beyond training. Enforcement targeted pre-1950s housing, Housing and Urban Development (HUD) Communities and citizen s complaints. Multi-agency inspection teams consisting of Environmental Protection Agency (EPA) and ODH personnel performed enforcement last year. Reportedly, selection of sites for inspection enforcement action was based only partially upon notifications. More emphasis was placed upon discovering sites with active construction and then assessing compliance with EPA Renovation, Repair and Painting Rule (RRP Rule). Recall that this rule targets lead-based paint (LBP) in homes, child care facilities and pre-schools built before 1978 requiring renovators to be trained in EPA-approved lead-safe work practices. Matt Young Lead Poisoning - Abatement Programs Ohio Department of Health 246 N. High Street Columbus, Ohio 43215 Tel: (614) 466-3543
Winter 2014 Page 5 Update on the OEPA NESHAP Program (including the four square inch rule) Paul Koval, OEPA Ohio EPA s Division of Air Pollution Control (DAPC) changes to the regulations governing asbestos emission control; that became effective on March 2, 2012 are still generating questions from around the state. The new rules changed the definition of friable asbestos material to include regulated asbestos containing material (RACM) if it is reduced to less than four square inches in size during asbestos abatement. This change was made to clarify for the owner/ operator and the regulator when the asbestos-containing waste material (ACWM) becomes RACM during removal, and thereby (for example) making the degradation of floor tile into RACM clearly defined. This four square inch rule has been reviewed by OEPA legal counsel and as currently worded, only applies to Category 1 material that is damaged during renovation or abatement ONLY and not during demolition. In addition, changes were made to where asbestos-containing material can be disposed. Before March 2, 2012, some landfill facilities may have been permitted to accept certain asbestos-containing materials including Category I and Category II nonfriable asbestos. Now, all category II nonfriable asbestos-containing material may ONLY be disposed at a landfill with a NESHAP condition in the facility s air permit that allows acceptance of RACM (regulated asbestos containing material). Confusion about the four inch rule has as it pertains to Category 2 materials has prompted the OEPA to instruct contractors that it is the condition of the Category 2 material as it ARRIVES at the landfill and not the condition at the SITE that dictates the RACM status. Damage to Category 2 material must be accounted for during transporting in order to prevent problems. These rule changes were enacted to make Ohio s asbestos regulations consistent with the federal asbestos regulation in the National Emission Standard for Hazardous Air Pollutants (NESHAP). Additional topics that are under review include the re-clarification of the residential exemption definition particulary for scattered sites in the Cleveland Land Bank area. There will be more to come in 2014.
Page 6 Ohio Building Environment Report Proposed asbestos rule changes Pursuant to the five year review process revisions have been made to 3701-34. These draft amendments include, but are not limited to: 1. require that a copy of the building inspection report prepared by an asbestos evaluation specialist be maintained at each worksite; 2. require that each worker maintain a copy of a valid certification, respirator fit test and physician s written opinion at all times while at a project site; 3. the submission of a course completion certificate number with the name of each trainee; 4. make general grammatical and formatting corrections in compliance with Legislative Service Commission rule drafting requirements. 3701-34-01 Definitions The rule establishes definitions for use throughout the chapter including, but not limited to, the rule defines various terms used in Chapter 3701-34, such as asbestos hazard abatement activity, business entity, license, and environmental monitoring. The rule is being amended to comply with Legislative Service Commission rule drafting requirements. 3701-34-04 Contractor application requirements The rule sets forth the contractor license application requirements, criteria, and standards of conduct. Application requirements include, but are not limited to, the submission of a completed application and the completion of an appropriate course of instruction in asbestos related activities. The rule is being amended to clarify that the contractor must maintain at the project site a copy of the building inspection report that was prepared by an asbestos hazard evaluation specialist to comply with the United States Environmental Protection Agency requirement for a thorough inspection found in, 40 C.F.R. Part 61, Subpart M. 3701-34-05 Asbestos hazard abatement specialist application content- The rule sets forth the application requirements, qualifications, and standards of conduct for asbestos hazard abatement specialists. These requirements and standards include, but are not limited to, the submission of a complete application and associated fee; the completion of a training course in the removal and abatement of asbestos hazards; and ensuring that each project is in compliance with the decontamination procedures, project containment procedures, and asbestos fiber containment methods established by regulations of the United States Environmental Protection Agency. The rule is amended to require abatement specialists to ensure that workers maintain proof of valid certification, respirator fit test and physician s written opinion at all times while at a project site.
Winter 2014 Page 7 Proposed asbestos rule changes (cont.) 3701-34-06 Asbestos hazard abatement specialist application content The rule sets forth the application content requirements, qualifications, and standards of conduct for asbestos hazard evaluation specialists. These requirements include, but are not limited to, the collection of bulk samples for asbestos in accordance with federal regulations and the preparation of a detailed report for each bulk sample collection site which includes a description of the manner used to determine sampling locations and a copy of bulk sample analysis reports. The rule is being amended to require evaluations specialists to ensure that analysis of bulk samples is performed by laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Voluntary Laboratory Accreditation Program ( NVLAP ) or the National Institute for Standards and Technology ( NIST ) or the Round Robin for bulk samples administered by the American Industrial Hygiene Association ( AIH A) or an equivalent nationally-recognized round robin testing program and ensure that analysis of samples taken from schools for the purpose of compliance with the regulations of the United States Environmental Protection Agency, 40 C.F.R. Part 763, is performed by laboratories with proficiency demonstrated by current successful participation in the NVLAP. 3701-34-07 Hazard abatement training The rule sets forth the application, criteria, and standards for approval of asbestos hazard abatement training courses. These requirements establish the time frames for the Director to acknowledge receipt of an application, to grant or deny contingent approval, and to grant or deny final approval for a training course. The rule is being amended to require each training provider to notify the director, in writing, by the tenth calendar day of each month of the dates that any approved training course was held during previous month, name of the approved training course, students names and their course completion certificate numbers. 3701-34-11 Asbestos hazard abatement project agreement The rule sets forth the requirement that a written asbestos hazard abatement project agreement be written for all asbestos hazard abatement projects. The written agreement requirements include, but are not limited to, that all persons working on a project be licensed or certified; that each agreement include a detailed description of all project activities; and that all asbestos hazard abatement activities be done in accordance with all applicable federal, state, and local asbestos regulations. The rule is being amended to comply with Legislative Service Commission rule drafting requirements.
BUILDING ENVIRONMENT COUNCIL OF OHIO 3757 Indianola Ave Columbus, OH 43214 Regional Lunch Seminars are back! See inside for more