3745-20-03. Standard for notification prior to demolition or renovation

(A) Each owner or operator to whom this rule applies shall perform the following :

(1) Provide the director a notice of intention to demolish or renovate on a form and in manner prescribed by the director .

(2) Update notice, as necessary, including when the amount of asbestos affected changes by at least twenty per cent.

(3) Notify the director via one of the following schedules :

(a) At least ten working days before the beginning of any demolition operation, asbestos stripping or removal work, or any other activity including salvage activities and preparations that break up, dislodge or similarly disturb asbestos material if the operation is a demolition or renovation operation subject to this rule.

(b) At least ten working days before the end of the calendar year preceding the year for which notice is being given for individual nonscheduled renovations described in paragraph (B)(4)(a) of rule 3745-20-02 of the Administrative Code.

(c) As early as possible before, but not later than, the following working day if the operation is an emergency demolition, or if the operation is an emergency renovation.

(d) For asbestos stripping or removal work in any subject demolition or renovation operation (except for any nonscheduled renovation operations, emergency renovation operations and emergency demolition operations) that will begin on a date other than the one contained in the original notice, notice of the new start date shall be provided to the director as follows:

(i) When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin after the date contained in the notice, the owner or operator shall do the following:

(a) Notify the Ohio EPA field office of the new start date by telephone as soon as possible before the original start date.

(b) Notify the director of the new start date as soon as possible before, and no later than, the original start date. Deliver amended notice on a form and in a manner prescribed by the director. .

(ii) When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin on a date earlier than the original start date, the owner or operator shall do the following:

(a) Notify the director of the new start date at least ten working days before asbestos stripping or removal work begins.

(b) For demolition covered by paragraph (B)(2) of rule 3745-20-02 of the Administrative Code, notify the director of a new start date at least ten working days before commencement of demolition. Deliver an amended notice on a form and in a manner prescribed by the director.

(iii) In no event shall an operation covered by this paragraph begin on a date other than the date contained in the notice of the new start date.

(4) The owner or operator shall include the following information in the notice:

(a) An indication of whether the notice is the original or a revised notification.

(b) Name, address, and telephone number of the facility owner and of the facility operator.

(c) Name, address, telephone number, and Ohio asbestos hazard abatement contractor license number (if applicable) of the asbestos demolition or renovation operator.

(d) Location and street address (including building number or name and floor or room number, if appropriate), city, county, and state of the facility being demolished or renovated. Attach to the notification, any site plans, floor plans or other information that may be necessary to enable the operations to be located for inspection.

(e) Type of operation: demolition or renovation.

(f) Description of the facility or affected part of the facility including the size (square feet, and number of floors), age, and present and prior use of the facility.

(g) Estimate of the amount of regulated asbestos-containing material to be removed from the facility in terms of length of pipe in linear feet, surface area in square feet on other facility components, or volume in cubic feet where the length or area cannot be measured. Also, estimate the approximate amount of category I and category II nonfriable asbestos-containing material in the affected part of the facility that will not be removed before demolition.

(h) Description of the procedures, including analytical methods, employed to detect the presence of and to estimate the quantity of regulated asbestos-containing material and category I and category II nonfriable asbestos-containing material in the facility.

(i) Scheduled starting and completion dates of asbestos removal work or any other activity, such as site preparation that would break up, dislodge, or similarly disturb asbestos material in the demolition or renovation; planned renovation operations involving individual nonscheduled operations shall only include the beginning and ending dates of the report period as described in paragraph (B)(4)(a) of rule 3745-20-02 of the Administrative Code.

(j) Description of the planned demolition or renovation work to be performed and methods to be employed including demolition or renovation techniques to be used and a description of affected facility components.

(k) Description of work practices and engineering controls to be used to comply with the requirements of this chapter, including asbestos removal and waste handling emission control procedures.

(l) Name and location of the waste disposal site where the asbestos-containing waste material will be deposited.

(m) Scheduled starting and completion dates of demolition or renovation.

(n) Description of procedures to be followed in the event that unexpected regulated asbestos-containing material is found or nonfriable asbestos-containing material becomes crumbled, pulverized, or reduced to powder.

(o) Name, address, and telephone number of the waste transporter.

(p) A certification that at least one person trained as required by paragraph (B) of rule 3745-20-04 of the Administrative Code will supervise the stripping and removal described by this notification.

(B) In addition to the information required in paragraph (A)(4) of this rule, each owner or operator of an emergency renovation operation shall supply the date and hour that the emergency occurred, a description of the sudden unexpected event, and an explanation of how the event caused an unsafe condition, or would cause equipment damage or would pose an unreasonable financial burden if not immediately corrected.

(C) In addition to the information required in paragraph (A)(4) of this rule, each owner or operator of an emergency demolition shall provide the name, title, and authority of the state or local government authority who has ordered the demolition, the date that the order was issued, and the date on which the demolition is ordered to begin. A copy of the order shall be attached to the notification.

(D) Each owner or operator shall inform the appropriate Ohio EPA field office by telephone or facsimile concerning any of the following changes to information provided by the notice. An amended notification shall be submitted to the director as soon as possible but not later than one working day following discovery of the change. The changes requiring an amended notification are:

(1) When the amount of regulated asbestos-containing material affected by the demolition or renovation operations changes by at least twenty per cent.

(2) Any deviation in the demolition or renovation schedule or in the methods to be used for asbestos removal or disposal.

(3) Any change in the owner or operator.

(4) Any change in the name and location of the selected waste disposal site.

(E) All notifications required by this rule shall identify the name and title of the person submitting the notification, and shall be signed and dated by the person submitting the notification. The certification required in paragraph (A)(4)(p) of this rule shall acknowledge the existence of laws prohibiting the submission of false or misleading statements and shall certify that the facts contained in the notice are true, accurate and complete.

Effective: 4/8/2018
Five Year Review (FYR) Dates: 11/30/2017 and 04/08/2023
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 05/29/1990, 11/18/2002, 02/02/2007, 03/02/2012