Successful Demolition / Renovation, Steps 1 & 2 Presented at the Wisconsin Asbestos Seminar, December 6, 2013

1. SUCCESSFUL
DEMOLITION/RENOVATION
STEPS 1 & 2
Presenters:
Mark Davis, WDNR
Bret Berglund, IAQ Diagnostics
Beth Nethery, Balestrieri Group
What You Need to Know About
Renovation & Demolition
Regulatory Summary

2. 4 KEY STEPS
1.
INSPECTION: INSPECT THE FACILITY
 All affected parts of a facility being renovated or demolished
must be inspected for the presence of asbestos by a State
licensed Asbestos Inspector.
2.
NOTIFICATION: NOTIFY THE STATE
 You must notify the State of demolition and/or renovation
activities. Projects within the City of Milwaukee also require
a permit application process to be completed.

3. 4 KEY STEPS
4 KEY STEPS
3.
REMOVAL: REMOVE REGULATED MATERIALS
 All regulated asbestos-containing materials that would
be disturbed must be removed by a State licensed
company with State licensed supervisors/workers.
4.
DISPOSAL: DISPOSE OF WASTE
 All asbestos-containing waste material must be properly
labeled and disposed of in leak-tight containers at a
landfill approved to accept asbestos.

4. KEY STEP 1
INSPECT THE FACILITY
 Step 1, the inspection should be performed by a State
Certified Asbestos Inspector.
 A list of licensed companies and inspectors can be found on
the DHS website dhs.wisconsin.gov/asbestos/
 The Department of Health Services regulates trainers and
the content of their classes to enable licensing and the
continuing education of fully trained individuals to identify
asbestos.
 To learn more dhs.wisconsin.gov/asbestos/Cert/
 Federal, State and City of Milwaukee regulations govern
proper identification and handling of ACM.

5. KEY STEP 1
INSPECT THE FACILITY
 Which buildings require testing prior to reno or demo?
 The words “newer” building or “recent renovations” do
not mean the building can be assumed “asbestos-free”.
 Asbestos was still used in many common building
materials until the middle to late 1980s.
 In 1989 most asbestos-containing products in the United
States was banned…..right?
 Since asbestos was banned, do I need to be worried
about products on the market today containing
asbestos?

6. KEY STEP 1
INSPECT THE FACILITY
 Would you know what dates various materials were
banned?
 It is important not to view the dates of the laws or
regulations which banned the materials as absolute cutoff dates.
 In many cases, the laws/regs allowed suppliers to
continue to sell out their existing supplies.
 Many manufacturers may not have been immediately
aware of the new laws/regs restricting the use of
asbestos products.

7. KEY STEP 1
INSPECT THE FACILITY
 Significant Dates
 1973 - Spray applied fireproofing was banned by the
1973 Clean Air Act Asbestos National Emission
Standard for Hazardous Air Pollutant (NESHAP).
 1975 – Wet-applied and pre-formed (molded) asbestos
pipe insulation and pre-formed (molded) asbestos block
insulation on boilers and hot water tanks were banned
by the 1975 Clean Air Act (NESHAP).
 1978 – Spray applied decorative ACM (e.g. acoustic
ceiling texture) was banned by the 1978 Clean Air Act
(NESHAP).

8. KEY STEP 1
INSPECT THE FACILITY
 Significant Dates
 1989 – EPA BANS ASBESTOS! EPA issued a final rule
under Section 6 of the Toxic Substances Control Act
(TSCA) banning most asbestos-containing products in
the U. S.
 1990 – Spray applied materials containing more than 1%
asbestos to building structures, pipes and conduits was
banned by the 1990 Clean Air Act (NESHAP).
 UNLESS the material is encapsulated with a
bituminous binder during spraying…
 AND the materials are not friable after drying.

9. KEY STEP 1
INSPECT THE FACILITY
 Significant Dates
 1991 – EPA ASBESTOS BAN OVERTURNED!
 As a result, most of the original ban on the manufacture,
importation, processing, or distribution in commerce for
most of the asbestos-containing product categories of two
years earlier was overturned.
 Only the bans on corrugated paper, rollboard, commercial
paper, specialty paper and flooring felt survived.
 Also, any NEW uses of asbestos remained banned under
the 1989 rule.

10. KEY STEP 1
INSPECT THE FACILITY
 Significant Dates
 1999 – EPA Guidance specifically lists materials NOT
banned!
 Troweled-on surfacing materials (e.g. cement stucco and gypsum






plaster);
Asbestos-cement corrugated sheet, shingles, flat sheet,
millboard, and pipe(e.g. transite panels, conduit);
Asbestos clothing;
Pipeline wrap;
Roofing felt;
Vinyl-asbestos floor tile;
Automatic transmission components;

11. KEY STEP 1
INSPECT THE FACILITY
 Significant Dates
 1999 – EPA Guidance specifically lists materials NOT
banned! (continued)
 Clutch facings;
 Friction materials;
 Brake pads, linings, and blocks;
 Gaskets;
 Non-roofing coatings; and,
 Roof coatings.
 ewg.org/asbestos/documents/pdf/asb-bans2.pdf

12. KEY STEP 1
INSPECT THE FACILITY
 The EPA list is far from comprehensive as many other common
materials which are not banned are not listed.
 Asbestos is found in more than 3,000 building materials.
 Asbestos is also found in added components such as light
fixtures, toilet rings and architectural features so inspect before
allowing salvaging, auctioning or deconstruction.
 Asbestos containing products can still legally be manufactured,
processed and distributed in the U.S.
 If materials are not wood, metal or glass – test them – they are
suspect.
 Inspectors can assume asbestos to be present or they can
identify it through testing. They can not assume it to be negative.

13. KEY STEP 1
INSPECT THE FACILITY
 OSHA Asbestos Standards
 Misunderstanding related to the non-banning of most ACM
is a major component in the failure to properly inspect all
buildings prior to renovations or demolitions.
 Nothing has done more to confuse the issue than OSHA’s
revision to the asbestos standards in 1994.
 These revisions introduced the concept of the presumed
asbestos-containing material (PACM).
 PACM was defined as “thermal system insulation and
surfacing material found in buildings constructed no later
than 1980.”

14. KEY STEP 1
INSPECT THE FACILITY
 OSHA Asbestos Standards
 Elsewhere in the OSHA regulations, the 1980 date was
included as the cut-off date for which asphalt and vinyl
flooring material needed to be considered asbestoscontaining, if not proven otherwise by laboratory analysis.
 Nowhere in this regulation is it stated that materials in
buildings constructed later than 1980 were to be
considered non-asbestos-containing.
 BEWARE of environmental reports (including many Phase I
site assessments) indicating asbestos is not a concern
after 1980.

15. KEY STEP 1
INSPECT THE FACILITY
 Often Cited “Architect’s Letter” Exclusion
 A further source of confusion regarding the need to conduct an
asbestos inspection is an exclusion described in 40 CFR Part
763.99(a)(7) - AHERA.
 This exemption allows that “an architect…responsible for the
construction of a new school building built after October
12, 1988...signs a statement that no ACBM…or to the best of his
or her knowledge…was used as a building material in the
building”
 This exemption applies only to AHERA regulations and does not
meet the requirements of a thorough inspection as required by
the NESHAP rule or OSHA Asbestos in Construction Standard.

16. KEY STEP 1
INSPECT THE FACILITY
 An inspection must be performed to identify any ACM that may be
disturbed during the project.
 The inspection must be thorough so that the building occupants,
workers, other contractors, the general public and the
environment are not unknowingly exposed to asbestos.
 Occupied building inspections that do not allow for destructive
invasive inspections must be either re-inspected at a later date or
assumed that it exists. (i.e., pipe chases or multi-layered systems)
 Building components, including concrete, must be sampled if they
will be recycled or repurposed through deconstruction.

17. KEY STEP 1
INSPECT THE FACILITY
 Many inspection reports will assume non-friable materials, as the
NR 447 rule allows these items to remain with the facility for
demolition. Unless tested, they are asbestos containing.
 Recycling centers and transfer stations are prohibited from
receiving ACM – we cannot allow it to become commingled.
 ACM impacted by concrete crushers will be considered a friable
material.
 Unidentified ACM debris can result in an entire building being
landfilled rather than recycled or deconstructed.

18. KEY STEP 1
INSPECT THE FACILITY
 WDNR requires inspections on certain projects:
 Two or more contiguous single family homes.
 Homes that are part of a larger demolition project, including
municipal urban renewal projects that include more than one
house being demolished within the given year.
 Multi-family housing or condominiums with five or more units.
 Industrial, manufacturing or commercial buildings including
bridges, farm buildings and churches.
 Any structure being demolished by a fire-training exercise;
often a pre-burn SWAT training may employ destructive
methods.

19. KEY STEP 1
INSPECT THE FACILITY
 WDNR recommends inspections on other projects:
 Single family homes.
 Multi-family housing with 2-4 units.
 Three or more units in the City of Milwaukee
 DHS recommends inspections in order to insure that only
trained and licensed contractors are disturbing the identified
ACM. If not tested, must be assumed to contain.
 OSHA protects the rights of employees to be informed of
health hazards they may be exposed to during their work.
Hazard communication starts here.

20. KEY STEP 1
INSPECT THE FACILITY
 Key elements of a proper inspection report are:
Title Page – full street address including ZIP & County
2. Signature Page – inspector name & State ID#
3. Letter to Building Owner – affirmation of scope
4. Executive Summary – Keep It Simple Smarty
5. Table of Contents
6. Body of Report
For more information refer to the WDNR guidance
document http://dnr.wi.gov/files/PDF/pubs/am/AM401.pdf
1.

21. KEY STEP 1
INSPECT THE FACILITY
 Proper Inspection Report
 Identify exterior and interior suspect materials.
 State whether any suspect materials were inaccessible
during the inspection.
 Provide means of identifying sample locations at the
site.
 Categorize and provide an estimated quantity and
condition of the asbestos containing materials (ACM).
 Include written recommendations for disposition of ACM
identified.

22. KEY STEP 1
INSPECT THE FACILITY
 Proper Inspection Report
 Each building should be a separate, detailed discussion
if including multiple structures in the same report.
 Include photographs, building drawings or sketches.
 Provide a copy of all sample collection data, chain of
custody forms, and lab analysis reports.
 Provide a copy of the inspector’s certification card.
 Other helpful documents such as state or federal
regulations/guidance documents, or other printed
material, if pertinent.

23. KEY STEP 1
INSPECT THE FACILITY
 Proper Inspection Report
 Include any other harmful materials identified such as:
 suspected or tested lead based paint or components
 CFCs (chlorofluorocarbons) and halons
 Mercury
 PCBs (polychlorinated biphenyls)
 For a more inclusive list, refer to the WDNR Publication
WA-651 Planning Your Demolition or Renovation Project
(formerly called Pre-Demolition Environmental Checklist)

24. KEY STEP 2
NOTIFICATION
 Basic Determinations for Type of Notice to File
 Scope of work?
 Demolition/Fire Training Burn or Renovation / O&M
 Type of structure?
 Commercial/Industrial or Single Isolated Residential
 Quantity & type of materials?
 > or = to 260 lineal, 160 square or 35 cubic feet
 Friable quantity and Non-Friable quantity
 Within City of Milwaukee?
itmdapps.milwaukee.gov/MyMHome/SearchDB2_prod.jsp

25. KEY STEP 2
NOTIFICATION
 SCOPE OF WORK - Demolition Project
 Commercial/Industrial buildings and residential buildings
with 5 or more units require notification to the DNR.
 ALL demolition projects of subject properties require DNR
notification whether or not asbestos is present on the project
site.
 Even small quantities are DNR on demos, not DHS.
 You must file a 4500-113 form allowing for a 10-work day
waiting period either on line (using ARDN) or by mail
(postmarked 10 work-days ahead) before beginning any
demolition activity, including any asbestos abatement.

26. KEY STEP 2
NOTIFICATION
 SCOPE OF WORK - Demolition Project
 Contiguous properties may be notified together on the same
notice, attach (upload) a chart indicating what materials are in
each structure.
 Non-friable ACM that will not be removed before demolition
needs to be notified - including those assumed to contain
asbestos.
 The notice should include the demolition contractor
information. If it is marked as TBD, the project could be
delayed if the DNR needs time to review the contractor.
 If the project is in the City of Milwaukee, a permit is required.

27. KEY STEP 2
NOTIFICATION
 SCOPE OF WORK - Demolition Project
 Single isolated residential building
(with 4 or less units and not part of a larger project) is exempt
from WDNR notification but notify DHS when removing ACM
that cannot be left in place during demo.
 You must file a DHS form F-00041 before beginning any
abatement activity, including any site set-up. The form will be
accepted on line (using ARDN), by facsimile , USPS mail
service or via email at dhsasbestoslead@wisconsin.gov .
 Although you may file the notice the same day as the work,
allowing two or more days in advance reduces the fee.
 Mailing the form must allow for the postmark to be at least
4 working days prior to project start date.

28. KEY STEP 2
NOTIFICATION
 SCOPE OF WORK – Fire Training Burn Project
 Commercial/Industrial buildings and ALL residential
buildings to be used for a fire training burn require
notification to the DNR.
 DHS does not require a separate notification.
 You must file a 4500-113 form allowing for a 10-work day
waiting period either on line (using ARDN) or by mail
(postmarked 10 work-days ahead) before beginning any
fire/SWAT training or demolition activity that disturbs the
asbestos before abatement.

29. KEY STEP 2
NOTIFICATION
 SCOPE OF WORK – Fire Training Burn Project
 Residential buildings not typically filed with the WDNR
are allowed a flat reduced fee for a pre-demolition
notification.
 Be prepared to upload the inspection report or mail it in
with the notification.
 Single isolated residential buildings with less than 5 units
do not require notification to the DNR regardless of
whether a large amount of RACM is present or whether
it is a renovation or demolition unless they will be used
for a fire-training burn.

30. KEY STEP 2
NOTIFICATION
 SCOPE OF WORK – Renovation Project
 Renovation projects only require notification when asbestos
removal is involved – but keep your inspection report handy!
 Commercial/Industrial buildings and residential buildings
with 5 or more units require notification to the DNR, provided
the quantities exceed the 160 square/260 linear/35 cubic feet
of regulated asbestos-containing materials (RACM)
thresholds.
 For the DNR, you must file a 4500-113 form allowing for a 10-
work day waiting period either on line (using ARDN) or by mail
(postmarked 10 work-days ahead) before beginning any
renovation activity, including any asbestos abatement.

31. KEY STEP 2
NOTIFICATION
 SCOPE OF WORK – Renovation Project
 DHS does not require notification in addition to the DNR, they
are able to share the DNR’ s project information.
 Projects with less than the RACM thresholds must be notified
to DHS before setting up for abatement activity.
 This applies also to enclosure, encapsulation or repair of
friable asbestos greater than 3 square or 3 linear feet.
 DHS does not allow a notice to be placed on hold. Phased
projects can be filed with DHS when work does not take place
on the project in the one mobilization. On the form this is
under Planned Renovation and a overall date span is needed.

32. KEY STEP 2
NOTIFICATION
 SCOPE OF WORK – Renovation Project
 You must file a DHS form F-00041 before beginning any
renovation activity, including any site set-up. The form will be
accepted on line (using ARDN), by facsimile , USPS mail
service or via email at dhsasbestoslead@wisconsin.gov .
 Although you may file the notice the same day as the work,
allowing two or more days in advance reduces the fee.
 Mailing the form must allow for the postmark to be at least
4 working days prior to project start date.
 If the potential exists for non-friable materials to become
friable (RACM), file online (ARDN) with DHS or mail a hard
copy to DNR as a courtesy copy.

33. KEY STEP 2
NOTIFICATION
 SCOPE OF WORK – Renovation Project
 If the project falls under small quantity/operations &
maintenance (O&M) activity (one waste bag no larger
than 60”x60” properly filled & sealed) no notification is
required to either agency.
 Home owners can do their own removal as long as they
live in the home. If it is a rental, the property owner must
be trained/certified to perform asbestos abatement. Any
non-family helpers or contractors would need to be
trained/certified to perform asbestos abatement.
Notification to DHS is still required prior to set up.

34. KEY STEP 2
NOTIFICATION
 SUMMARY - Renovation Projects
 Notify the DNR for renovation projects only when quantities of
asbestos to be abated exceed 160 square feet or more than
260 linear feet of regulated asbestos-containing material. If
square footage or linear footage cannot be quantified, notify
when the quantity exceeds 35 cubic feet of off-facility
component material. Do not separately notify the DHS.
 Notify the DHS for all other quantities of regulated asbestoscontaining materials and/or any quantity or category of nonfriable asbestos-containing materials using form F-00041. The
notification will be accepted on line (using ARDN), by facsimile,
USPS mail service (allow for mailing time) or via email at
dhsasbestoslead@wisconsin.gov .

35. KEY STEP 2
NOTIFICATION
 ADDITIONAL ADVICE & TIPS
 Have a thorough inspection in hand in order to determine what
regulation requirements affect your project. Asbestos not
identified in pre-inspections lead to change orders, the
possibility of materials being mishandled by non-certified
personnel, and potential enforcement actions from the WDNR.
 It is strongly encouraged that all WDNR notices be
electronically filed. Bonus: Immediate confirmation of entries.
 ALL personnel filing on ARDN need to be registered
individually and can all be connected to one company.
(Remember to have ex-employees removed from company
permissions.)
 Don’t forget to pay the fees immediately to WDNR.

36. KEY STEP 2
NOTIFICATION
 City of Milwaukee DNS – Asbestos Abatement Permits
 If the demolition or renovation project is within the limits
of the City of Milwaukee the Department of
Neighborhood Services, may require an Asbestos
Abatement Permit per the Code of Ordinances Chapter
66-10, 66-12 & 66-19.
 The calculations are based on the quantity of material
being abated - regardless of friable or non-friable
category. DNS refers to this as “unity” meaning the
fractional amounts of the quantity requirements exceed
one (1).

37. KEY STEP 2
NOTIFICATION
 City of Milwaukee DNS – Asbestos Abatement Permits
 113 ln ft pipe insul ÷ 260 = 0.43
130 sq ft floor tile ÷ 160 = 0.81
Added together = 1.24 (>/=1.0 = PERMIT)
 90 ln ft pipe insul ÷ 260 = 0.35
100 sq ft floor tile ÷ 160 = 0.63
Added together = 0.98 (<1.0 = NO PERMIT)

38. KEY STEP 2
NOTIFICATION
 City of Milwaukee DNS – Asbestos Abatement Permits
 ACM resilient roofing and siding to be removed and
materials to be left in place are not calculated in.
 Category I non-friable roofing material is exempt from a
permit (up to the 5,580 sq ft threshold) but the flashing is
typically considered friable and may require a permit
based on the quantity.
 Residential projects with less than 3 units do not require
a City of Milwaukee permit unless boiler repair or
replacement is involved (again, above the threshold
quantity).

39. KEY STEP 2
NOTIFICATION
 City of Milwaukee DNS – Asbestos Abatement Permits
 Federally or State owned buildings are exempt but
double check ownership of the lot itself, it may be a
leased building. City owned, MPS, MPD, MFD and
HACM buildings do not require a fee but they still require
the full application.
 Chartered schools may not fall under MPS if they are in
a leased building, double check the ownership.
 Communicate with the City Inspectors when you are
onsite/offsite/status updates/requests for final
inspections.

40. KEY STEP 2
NOTIFICATION
 City of Milwaukee DNS – Asbestos Abatement Permits
 What to include in the permit application:
 Asbestos Project Worksheet
 Asbestos Abatement Permit Application
 Copy of DHS or DNR Notice
 Occupant Protection Plan (for occupied buildings)
 Fee payment
 The issued permit – not just the application - must be “in hand”
- posted clearly on site before setting up containment.
 DO NOT START WORK until the permit is issued.
 Set up and tear-down dates are covered by the permit.

41. KEY STEP 2
NOTIFICATION
 City of Milwaukee DNS – Asbestos Abatement Permits
 Permit Fees* – based on work days on site
 If abatement cost is $67,500* or less
 1-3 days, 4-10 days or 0ver 10 days fee + $5.00 Processing Fee
 Permit Fees* – based on cost of abatement
 If abatement cost exceeds $67,500*
 1.25% of cost plus 1.4% surcharge + $5.00 Processing Fee
For example – Your abatement cost is $70,000.00
 1.25% of cost =
$875.00 (70,000 x .0125)
 1.4% surcharge = + $12.25 (875 x .014)
 Processing Fee = + $5.00
 Total Permit Fee = $892.25
*Subject to changes 1st of the year (no 2014 increase determined as of presentation preparation)

42. KEY STEP 2
NOTIFICATION
 City of Milwaukee DNS – Asbestos Abatement Permits
 Plan for a minimum 5 work days mailing time or apply in person.




Be mindful of furlough days and holidays. A permit will not be
issued for days of which an inspector would not be available.
Permits can be applied for in person at the address on the forms
with check or money order only. No credit cards accepted at the
DNS office.
Applying in person does not mean you will have the permit in
hand the same day. All projects can vary and the permit must be
approved based on the worksheet information.
“No Fee” or courtesy permits can be faxed to # (414) 286-3280.
Contact Marcie Otto with questions – phone # (414) 286-5165.

43. WISCONSIN DNR & DHS HAVE
EXCELLENT WEB SITE GUIDANCE
 To make information on identifying, handling and properly
disposing of hazardous materials readily available.
 Contractors, developers, architects and building owners
have a source to reference at the planning stage.
 Former DNR documents just covered pre-demolition, but
renovation projects, historical renovations and adaptive
reuse, have many of the same environmental concerns.
Visit the websites for all the updates, including accethis
presentation.
 More government agencies have an interest in your
project than you think.

44. RESOURCES
 WDNR Publication AM-366 2006 REV 11/12
 WDNR Publication AM-401 2010
 Recently revised WDNR Publication WA-651 (Revision 2013)
 Guide to DHS 159 Asbestos Rule Revisions P-00048 (03/09)
 City of Milwaukee DNS Chapter 66
 http://city.milwaukee.gov/DNSsections/Development-Center-/Quick-reference-
Does-it-need-a.htm
 http://city.milwaukee.gov/ImageLibrary/Groups/dnsAuthors/planning/pdfs/Asbestos
Abatementinfo.pdf
 http://city.milwaukee.gov/ImageLibrary/Groups/dnsAuthors/planning/pdfs/Asbestos
ApplicationNewFees13.pdf
 http://city.milwaukee.gov/ImageLibrary/Groups/dnsAuthors/planning/pdfs/Asbestos
ProjectWorksheet.pdf
 Many thanks to those who have contributed their wealth of
knowledge and experience to our presentation.