10A NCAC 41C .0605      ASBESTOS CONTAINING MATERIALS REMOVAL PERMITS

(a)  No person shall remove more than 35 cubic feet (1 cubic meter), 160 square feet (15 square meters) or 260 linear feet (80 linear meters) of regulated asbestos containing material, without a permit issued by the Program. This permitting requirement is applicable to:

(1)           individual removals that exceed the threshold amounts addressed in this Paragraph;

(2)           nonscheduled asbestos removals conducted at an installation that exceed the threshold amounts addressed in this Paragraph in a calendar year of January 1 through December 31. Other asbestos abatement activities are exempt from the permit requirements of G.S. 130A‑449.

(b)  All applications shall be made on a form provided or approved by the Program. The application submittal shall include at least all of the information specified under the notification requirements of 40 CFR Part 61.145(b), Subpart M as adopted in Rule .0609 of this Section. Applications for asbestos containing material removal permits shall adhere to the following schedule.

(1)           Applications for individual asbestos removals shall be postmarked or received by the Program at least 10 working days prior to the scheduled removal start date. For emergency renovation operations involving asbestos removal, the 10 working days notice shall be waived. An application for a permit for the emergency renovation operation shall be postmarked or received by the Program as early as possible before, but not later than, the following working day. Permit applications for emergency renovation operations shall be accompanied by a letter from the owner or his representative explaining the cause of the emergency;

(2)           Applications for nonscheduled asbestos removals shall be postmarked or received by the Program at least 10 working days before the start of the calendar year and shall expire on or before the last day of the same calendar year. Reports of the amount of regulated asbestos containing material removed shall be made at least quarterly to the Program.

(c)  Application for revision to an issued asbestos removal permit shall be made by the applicant in writing on a form provided by the Program and shall be received by the Program in accordance with the following:

(1)           Revision to a start date for a project that will begin after the start date stated in the approved permit shall be received on or before the previously stated start date or previously revised start date;

(2)           Revision to a start date for a project that will begin before the start date stated in the approved permit shall be received at least 10 working days before the new start date;

(3)           Revision to a completion date that will be extended beyond the completion date stated in the approved permit shall be received by the original or previously revised completion date;

(4)           Revision to a completion date that will be earlier than the completion date stated in the approved permit shall be received by the new completion date; and

(5)           Revisions to permits other than start or completion dates shall be submitted to the Program prior to initiating the activity which the revision addresses.

(d)  The following shall be maintained on site during removal activities and be immediately available for review by the Program:

(1)           a copy of the removal permit issued by the Program and all revisions with the Program's confirmation of receipt;

(2)           a copy of applicable asbestos abatement design and project monitoring plan; and

(3)           photo identification cards issued by the Program for all accredited personnel performing asbestos management activities.

(e)  All permitted removal activities shall be conducted in accordance with 40 CFR Parts 61 and 763, Subpart E, where applicable.

(f)  All permitted removals shall be conducted under the direct supervision of an accredited supervisor, except that permitted removals of roofing products may be conducted under the direct supervision of an accredited roofing supervisor. The supervisor or roofing supervisor, as applicable, shall be on‑site at all times when removal activities are being performed. For the purpose of this Rule, removal activities for roofing products, means the tear off and disposal activities associated with these products, and does not include the roof replacement.

(g)  An asbestos abatement design shall be prepared by an accredited abatement designer for each individually permitted removal of more than 3000 square feet (281 square meters), 1500 linear feet (462 meters) or 656 cubic feet (18 cubic meters), of regulated asbestos containing materials conducted in public areas.

(h)  In accordance with G.S. 130A‑23, the Program may suspend or revoke the permit for any violation of G.S. 130A, Article 19 or any of the rules of this Section. The Program may also revoke the permit upon a finding that its issuance was based upon incorrect or inadequate information that materially affected the decision to issue the permit. Notwithstanding permit suspension or revocation for violation of the rules of this Section, an asbestos removal permit shall also be subject to suspension or revocation if the removal activities are in violation of the following provisions with regard to asbestos abatement, as determined by the agencies which administer these Rules:

(1)           Department of Labor rules found at Chapter 7, Title 13 of the North Carolina Administrative Code;

(2)           Department of Transportation rules found at Title 19A, of the North Carolina Administrative Code;

(3)           Solid Waste Management rules found at Chapter 13, Title 15A of the North Carolina Administrative Code.

(i)  All waste shipment records shall be submitted to the Program by the building owner or a representative of the owner for all asbestos removal projects permitted under this Rule. This submittal shall be made on a form provided or approved by the Program. This form shall include at least all of the information specified under the waste shipment record requirements of 40 CFR Part 61, Subpart M, Section 61.150(d) as adopted in Rule .0609 of this Section.

(j)  The following schedule shall be adhered to in the submittal of waste shipment records:

(1)           For individually permitted asbestos removals, the waste shipment records shall be postmarked or received by the Program within 45 days from the completion date provided on the permit; and

(2)           For nonscheduled asbestos removals, the waste shipment records shall be postmarked or received by the Program within 30 days after the end of each quarter.

History Note:        Authority G.S. 130A‑5(3); 130A‑449; P.L. 99‑519;

Temporary Rule Eff. November 1, 1989 for a period of 180 days to expire on April 30, 1990;

Eff. February 1, 1990;

Amended Eff. October 1, 1994; August 1, 1991;

Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. July 1, 1996; January 1, 1995;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019.