TOXIC WASTE ISSUES FOUND IN CONSTRUCTION ACTIVITIES: Not an easy matter!

Toxic Waste Issues

By:  Joel I. Berman, CIH, CSP, CIAQM

Any waste materials that are also asbestos containing material (ACM, i.e. any material that contains greater than one percent [1%] asbestos) is considered to be a regulated material and its waste is known under the federal system as Regulated Asbestos Containing Material (RACM).  The waste must be deposited in a Class 1 landfill.  In the State of California, asbestos is considered to be a hazardous waste.  It is handled in the same fashion as other states, it is a hazardous waste for tax purposes. 

California also regulates what is known as asbestos containing construction material (ACCM, i.e. any material that contains >0.1 % asbestos).  While ACCM is not RACM or a hazardous waste, most dump sites will want is segregated it into what has become know as non-hazardous asbestos waste.

Lead

The Federal Department of Housing and Urban Development (HUD) definition of LBP is 1.0 milligrams per square foot (mg/cm²), which is equivalent to 0.5 percent by weight (%WT) or to 5,000 parts per million (ppm) of lead in the paint film.  The Consumer Products Safety Commission’s (CPSC) definition of lead-containing paint (LCP) is currently at 0.009 %WT or 90 ppm.

Additionally, ceramic tiles and porcelain products in buildings, as well as soil outside of buildings, are also likely to contain lead.  Below are the lead waste criteria for paint, porcelain, and ceramic tiles. 

During lead abatement, separate waste streams are typically created to separate the potential waste materials.  Testing is then performed on these separate waste streams to determine disposal requirements.  The separate materials include:

1.    Paint chips from stabilized peeling paint;

2.    Stabilized paint and substrate materials (paint on drywall, wood, stucco, etc.); and

3.    Materials used at the job site to remove lead materials (i.e. disposable suits, plastic, rages, respirator cartridges, etc.).

The lead waste criteria are listed below.

1.    If the result is greater than (>)1,000 parts per million (ppm) based on Total Threshold Limit Concentration (TTLC) test, then an item is a lead hazardous waste.  If the result of this test is less than 50 ppm, then no further testing is required and the material is normal debris.  If the result of this test is greater than 50 ppm, then samples are re-analyzed using two other tests: the Soluble Threshold Limit Concentration (STLC) WET test; and the Toxicity Characteristic Leaching Procedure (TCLP) test.

2.    If the result of the STLC/WET test is > 5 ppm then the material a California waste and must be disposed of as a hazardous waste. 

3.    If the result of the TCLP test is >5 ppm, then the material a federal waste with treatment requirements. 

4.    If the result of the STLC/WET test is > 5ppm but the TCLP test is less than (<) 5 ppm, then the waste is a California waste, but not a federal waste.  It can be sent outside of the State of California and disposed of as construction debris. 

5.    If the result of the TCLP test is > 5ppm but the STLC/WET test is < 5 ppm, then the waste a federal waste with treatment requirements but not a California waste. 

Below are the waste issues for soils.

1.    >400 ppm lead in a child’s play area, the soil must be mitigated.

2.    > 1000 ppm in the soil is considered to be a hazardous waste. 

Fungi (Mold)

There are no specific requirements related to fungal waste issues.  The State-of-the-Art is that these wastes are bagged or burrito wrapped such that workers who handle the materials are not exposed to the mold spores/growth present on the materials.  Otherwise any item with fungal growth, and no other hazardous waste issue (i.e. lead-based paint, asbestos, etc.), is normal debris.

ASBESTOS STANDARDS AND GUIDELINES

Asbestos Containing Material (ACM) - Any material containing more than one percent asbestos, as defined by the EPA.

Asbestos Containing Construction Material (ACCM) - Any manufactured construction material which contains more than one-tenth of one percent asbestos by weight, as defined by the State of California.

If the total amount of ACM or ACCM to be abated is greater than 100 square feet the following regulations must be met.

•    South Coast Air Quality Management District (SCAQMD), Rule 1403, this rule requires District notification and removal of all ACM items (friable and non-friable) from a building prior to demolition.  It requires the use of a state certified and a registered asbestos abatement contractor and a ten (10) day written notification for asbestos disturbance activities greater than 100 square feet.  However, no notification is required if there is less than 100 square feet of ACM in the building.

•    Labor Code 6501.5, requires the use of a state certified and registered asbestos abatement contractor for all asbestos removal projects of more than 100 square feet of ACCM or ACM. (See CSLB, C-22 Classification)

•    Federal Occupational Safety and Health Administration (OSHA) 29 CFR 1926.1101, California Code of Regulation (CCR) Title 8 § 1529 and § 5208 require employers to monitor the exposure of their employees who may be exposed to asbestos.  If employees are exposed above certain criteria, the employer must take action to limit the employee's exposure to asbestos and to protect the employee's health. Per these regulations, the permissible exposure limit (PEL) for asbestos is 0.1 fibers per cubic centimeter of air (f/cc) expressed as an eight-hour time weighted average (TWA).

•    Environmental Protection Agency (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAP) 40 CFR Part 61, Subpart M requires the inspection for asbestos-containing materials (ACM) prior to any planned renovation or demolition of a building.   If ACBM has been identified it specifies work practice standards designed to minimize the release of asbestos fibers, such as the use of wet methods during building demolition or renovation, sealing waste in leak tight containers, transportation and disposal of waste material as expediently as practicable.  The regulation also requires the owner or the operator of the renovation or demolition operation to notify the appropriate delegated entity (often a state agency) before any demolition or before any renovations of buildings when the amount of Regulated Asbestos Containing Material (RACM) is greater than 260 linear feet, 160 square feet or 35 cubic.

•    Environmental Protection Agency (EPA), Asbestos Hazard Emergency Response Act (AHERA) 40 CFR Part 763, Subpart E, this rule requires all non-profit elementary and secondary schools nationwide, both public and private to inspect their schools for asbestos-containing building materials (ACBM) and develop and maintain an up-to-date Asbestos Management Plan (AMP). The management of ACBM can be maintained on an “in-place” based principle and the removal of ACBM is not necessary unless it is severely damaged or may become disturbed during a planned demolition or renovation project. In the event ACBM is to be removed or the school building demolished, public and private school districts must comply with NESHAP. The AHERA rule also stipulates that any personnel working on asbestos activities in schools must be trained and accredited in accordance with The Asbestos Model Accreditation Plan.

LEAD STANDARDS AND GUIDELINES

•    The Federal Department of Housing and Urban Development (HUD) suggests abatement when XRF readings are at or above 1.0 milligram per square centimeter (mg/cm2) or 0.5 WT% (percent lead by weight) via laboratory analysis.

•    California Department of Public Health (CDPH), Title 17 defines “Lead Based Paint” (LBP) as paint or other surface coatings that contain an amount of lead equal to, or in excess of 1.0 mg/cm2 or 0.5 WT%; “Lead Contaminated Dust” is defined as dust that contains an amount of lead equal to, or in excess of, 40 micrograms per square foot (µg/ft2) for interior floor surfaces, 250 µg/ft2 for interior horizontal surfaces, and 400 µg/ft2 for exterior floor and horizontal surfaces.  “Lead Contaminated Soil” is defined as bare soil that contains an amount of lead equal to, or in excess of, 400 ppm in children’s play areas and 1000 parts per million (ppm) in all other areas.  “Lead Hazard” is defined as deteriorated LBP, lead contaminated dust, lead contaminated soil, disturbing LBP or presumed LBP without containment, or any other nuisance which may result in persistent and quantifiable lead exposure.

•    Consumer Product Safety Commission’s (CPSC) definition of lead containing paint is greater than 0.009 WT% or 90 ppm lead by weight effective August 2009.  In 1978 the CPSC banned lead in excess of 0.06 WT% for paint used in residences or on toys.

•    Los Angeles County Code, Title 11, Health and Safety Chapter 11.28 defines “Dangerous levels of lead-bearing substances” as any paint, varnish, lacquer, putty, plaster, or similar coating or structural material which contains lead or its compounds in excess of 0.7 mg/cm2, when measured by a lead-detecting instrument approved by the director; or any substance, when measured by any scientifically accepted method, in a quantity determined by the director to constitute a hazard to children; or that level as determined in the most recent standards as established by the U. S. Department of Health, Education and Welfare, Public Health Service, Center for Disease Control.

•    Title 8 CCR 1532.1 the Cal/OSHA Lead in Construction Standard, establishes the requirements for worker protection.  Elements covered by this standard include requirements associated with conducting trigger task activities (e.g. manual scraping,  manual sanding), exposure monitoring, containments for lead-related tasks, training and certification, respiratory protection, medical surveillance, etc.  Any trigger task performed on surfaces containing lead is covered by this regulation.

•    California CCR §5194, Hazard Communication Standard, requires employers to notify their employees of hazardous material in their workplace.

•    Lead waste is regulated under California Title 22, §66261.24.  The standard defines lead hazardous waste as greater than 1,000 mg/kg of lead and/or lead compounds determined as a Total Threshold Limit Concentration (TTLC) or 5.0 milligrams per liter (mg/l) determined as a Soluble Threshold Limit Concentration (STLC).

•    Federal EPA under the Resource Conservation and Recovery Act (RCRA) also mandates hazardous waste criteria for lead that is tested by the Toxicity Characteristic Leaching Procedure (TCLP).  This method sets a limit for the quantity of lead that can be “soluble” or leach into the water.  The EPA maximum toxicity characteristic for lead is equal to or greater than 5.0 mg/l.

•    SB 460 makes it illegal to create a lead hazard or to have a condition that is a lead hazard in residential and public buildings. Title 17 defines “lead hazard” as deteriorated lead-based paint, lead contaminated dust, lead contaminated soil, disturbing lead-based paint or presumed lead-based paint without containment, or any other nuisance which may result in persistent and quantifiable lead exposure.

•    SB 460 also provides the California Department of Public Health (CDPH) and local enforcement agencies(including local building, housing, health, and environmental health agencies) the authority to issue orders to abate or otherwise correct a lead hazard. Enforcement agencies can also issue orders to cease and desist any activities that create lead hazards (such as disturbing lead based paint without using containment and failing to follow other lead safe work practices).  SB 460 applies to persons engaged in performing:  remodeling and renovation work;  abatement of lead hazards; and inspections and assessments of lead hazards.

FUNGAL GROWTH

In the State of California and under the federal system, there are no specific requirements and/or health and safety laws/regulations related to the handling of fungal contaminated materials.  However, an employer or a contractor could be sited by Cal/OSHA under the training requirements of the Injury and Illness Prevention Program (IIPP) standard for not properly training their workers to the potential hazards they may face when impacting fungal contaminated materials or by Fed/OSHA under the General Duty Clause for not providing a safe and healthful work environment. 

The State-of-the-Art related to fungal remediation if the removal typically following an asbestos type containment and using similar personnel protective devices (PPE). 

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