Notification Timing for a Large-Scale Removal
A general contractor plans to remove 500 square feet of asbestos-containing floor tile and mastic from a commercial building. The tile is non-friable, but the mastic is considered friable when dry. The project is scheduled to start on June 15. The contractor submits the NESHAP notification to the EPA on June 10. The state where the building is located has been delegated NESHAP authority and requires 10 working days' advance notice. The contractor also plans to use a crane to remove a large asbestos-containing rooftop HVAC unit on the same day. The local air district requires a separate permit for any asbestos work involving more than 100 square feet. The contractor has not yet obtained the local permit. The building owner is pressuring the contractor to start early because of a tenant deadline.
1. Is the June 10 notification sufficient for a June 15 start? Explain.
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No. The state has been delegated NESHAP authority and requires 10 working days' advance notice. Counting working days from June 10 to June 15: June 10 (if submitted after hours, count from next day) to June 15 is at most 3 working days (June 11, 12, 15) if weekends are excluded. This is insufficient. The contractor must submit the notification at least 10 working days before the start date, which would be around June 1 for a June 15 start. The notification must be updated if the start date changes. Additionally, the local air district permit must be obtained before work begins. Starting early would violate both the state NESHAP regulation and the local permit requirement, exposing the contractor to fines and stop-work orders.
2. What are the notification requirements for the rooftop HVAC unit removal, and how do they interact with the floor tile project?
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The rooftop HVAC unit removal is a separate asbestos abatement activity. If the unit contains asbestos-containing material (e.g., gaskets, insulation) in amounts exceeding NESHAP thresholds (260 linear feet, 160 square feet, or 35 cubic feet), a separate NESHAP notification is required. Even if below thresholds, the local air district permit for >100 square feet of asbestos work applies. The contractor should combine the notifications if the work is part of the same project, but must ensure all requirements are met. The HVAC removal may also require a crane permit and fall protection plan. The contractor must not proceed until all notifications and permits are in place, and must update the notification if the scope or schedule changes.