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Taylor Porter
March 2014
Regulatory Alert
LDEQ Regulation – AQ329S
 
Asbestos Containing Materials in Schools and State Buildings
LAC 33:III.2701, 2703, 2705, 2707, 2711, 2713, 2717, 2719, 2721, 2723, 2725, 2735, 2739, 2741, and 2799
 
FINAL RULE– 3/20/2014
 
The final rule makes extensive amendments to Chapter 27, Asbestos Containing Materials (ACM) in Schools and State Buildings, which requires local education agencies and state government to identify friable and nonfriable ACM in schools and state buildings by visual inspection and to develop management plans. The revisions:
 
  • Clarify asbestos-related terms by amending, adding and repealing numerous definitions;
  • Amend exemptions and exclusions;
  • Update, delete and clarify requirements for inspections, analysis, response actions, operations and maintenance, training and accreditation, management plans, and recordkeeping;
  • Amend provisions governing accredited inspectors, project designers, supervisors and workers, and require abatement project designers to have a certification, registration or license to practice as an architect, professional engineer or certified industrial hygienist;
  • Clarify that response and maintenance actions (including removal, encapsulation, enclosure or repair, other than SSSD) in school, state or public and commercial buildings, must be designed, supervised and conducted by persons accredited to perform such activities; and
  • Make extensive changes to requirements for Recognized Asbestos Training Providers (RATP) and Principal Trainers.
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LDEQ Regulation – AQ330S
 
Emission Standard for Asbestos (Demo/Reno)
LAC 33:III.5151
 
FINAL RULE – 3/20/2014
 
The final rule makes amendments throughout Section 5151, Emission Standard for Asbestos (Demo/Reno), which regulates demolition or renovation activity, including the removal of regulated asbestos containing materials ACM or the renovation/demolition of ACM. The revisions:
 
  • Clarify asbestos-related terms by amending, adding and repealing numerous definitions. The amended definitions include but are not limited to, accessible, asbestos-containing material (ACM), asbestos-contaminated debris (ACD), asbestos-contaminated debris activity (ACDA), recognized asbestos landfill (RAL), urban renewal, wet methods, work area controls, category I non-friable ACM, enclosure, friable asbestos material, glove bag, installation, owner or operator of a demolition, renovation, response action or ACD activity, regulated ACM (RACM), and waste shipment record. New definitions are included for non-friable ACM, category II non-friable ACM and resilient floor covering, and the term negative declaration is repealed;
  • Specify which renovation and demolition projects are subject to the emission standards, setting forth criteria and assumptions;
  • Set forth amended deadlines for the submission of notice of intention(s) to demolish, renovate, conduct a response action or an ACDA;
  • Clarify requirements for the submission of Asbestos Disposal Verification Forms (ADVF);
  • Specify standards for waste disposal of manufacturing, fabricating, demolition, renovation, major fiber release episodes, ACDA, response actions and spraying operations;
  • Amend training and accreditation requirements;
  • Require persons contracted to perform demolition, renovation or response action which disturbs RACM or to conduct ACD activity to comply with the applicable requirements of the Louisiana State Licensing Board for Contractors to perform asbestos abatement;
  • State that both resilient flooring covering and underlying ACM mastic will be considered toward the threshold amount if removed during the same project;
  • Mandate emergency notification (phone, fax or email) to be provided to LDEQ’s Office of Environmental Services and regional LDEQ office as soon as possible but in no case later than 4 hours after learning of an incident;
  • Require evidence of accreditation to be available to LDEQ at the demolition or renovation site; and
  • Change the standards for spraying and waste disposal for asbestos mills.
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LDEQ Regulation – 1403Pot1
 
Reissuance of General Permit for Discharges of Storm Water from Construction Activities Five Acres or Greater
LPDES Permit No. LAR100000, AI No. 83363
 
POTPOURRI NOTICE – 3/20/2014
 
LDEQ is considering the following changes to the timing and method of payment for permit fees, as applied to LPDES Permit No. LAR100000:
 
1) Allowing owners/operators subject to LPDES Permit No. LAR100000 to select the timeframe for coverage during the initial notification process, with a minimum of one (1) year and a maximum of five (5) years. Annual fees (based on coverage elected) will be due (in total) prior to coverage, eliminating annual invoices and making termination automatic.
 
2) Current permit holders (in good standing) will automatically have their coverage extended under the reissued general permit for one (1) year; however, coverage beyond that will require notification and fee payment under the parameters of the reissued permit.
 
3) Current permit holders with outstanding permit fees will not be extended automatic permit coverage under the reissued general permit.
 
LDEQ anticipates soliciting public comment on these proposed changes in the July 2014 Louisiana Register.
 
Copyright © 2014 Taylor Porter, All rights reserved.

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