Asbestos and Lead-Based Paint Abatement Requirements at Brownfields/ Voluntary Cleanup Program Sites - PUB2099

Environmental Remediation Program fact sheet
Division of Environmental Quality Director: Kyra Moore

Asbestos-containing materials (ACM) and lead-based paint (LBP) have the potential to adversely affect human health and the environment. If properly handled, however, the risks are substantially reduced. The abatement of asbestos-containing material and lead-based paint is regulated by various federal, state and local laws and regulations. Along with the appropriate industry practices, these laws and regulations must be followed during asbestos and lead-based paint abatement projects performed under the Missouri Department of Natural Resources’ Brownfields/Voluntary Cleanup Program (BVCP). Before work on a specific site can begin, BVCP approval must be received. The requirements for asbestos and lead-based paint abatement projects under the BVCP are detailed in the following sections.

Asbestos Abatement

In most of Missouri, asbestos-containing material is regulated by the department’s Air Pollution Control Program, according to the Code of Federal Regulations National Emission Standard for Hazardous Air Pollutants (40 CRF 61) Subpart M. There are two areas of Missouri where the department has delegated asbestos-related activities to local agencies: Kansas City and St. Louis County. These local agencies enforce their own requirements, which may be more stringent than state regulations. It is very important when performing asbestos-related projects in one of these areas that you contact the local agency in that area for their requirements.

Local Jurisdiction Contact Information

Kansas City: Kansas City Health Department Air Quality Program 816-513-6314

St. Louis County: St. Louis County Health Department 314-615-8924

Asbestos Abatement Under BVCP Oversight

Prior to any remediation, or clean up, of any hazardous substances at a site, the BVCP must review and approve a remedial action plan (RAP). An asbestos abatement plan may be included as part of the plan in the event other cleanup is required, or may also be done under a separate RAP.

BVCP also provides oversight for projects where buildings with known or suspected asbestos materials are to be demolished. Before issuing a certification of completion (COC), the BVCP must verify asbestos-containing material was both managed and disposed of in an appropriate manner. The requirements for demolition projects are different in some respects from other asbestos abatement projects. For information about demolition project requirements involving asbestos-containing material, visit the fact sheet, Asbestos Requirements for Demolition and Renovation Projects - PUB2157.

Remedial Action Plan

There are certain items to include in the RAP. Your project may not require every item listed below or may require additional items. The BVCP project manager for your site will determine those items on a case-by-case basis.

The RAP should include the following items:

Copies of any asbestos inspection or survey reports including, at a minimum:
- Tables showing all suspect asbestos-containing material tested and test results, including percent asbestos, type of asbestos and quantity of material (square feet or linear feet).
- Laboratory raw data reports and chain of custody forms.
- Department certification of the asbestos inspector.
- Maps, drawings or photos -- photos must be color photocopies or prints, not black and white.
Copies of all abatement notification forms sent to the department or department-delegated local agency.
General description of abatement techniques to be used in each area of the building and on each different material (for example, the work will be done in a sealed area, using glove bags).
The name of the contractor who will perform the work and a statement saying the contractor is a Missouri-licensed asbestos abatement contractor.
The name of the person(s) who will perform air monitoring and clearance sampling, including personal monitoring on abatement workers as required by the Occupational Safety and Health Administration.
The number and location of clearance samples.
Floor plans of buildings before and after building renovations showing the locations of asbestos-containing materials.
Final property use goal.

Final Report

When the asbestos abatement work is complete, you must send the BVCP a final report including, at a minimum, the following items:

All air monitoring results, including final clearance testing.
Waste disposal documentation, such as landfill tickets.
Any field sketches or notes that document sampling and clearance testing. Daily field logs are not required.
Draft operation and maintenance plan for any asbestos-containing material being left in place.
Documentation of deviations from the RAP with significant deviations from the RAP having BVCP approval prior to implementation.

Leaving Asbestos-Containing Material in Place

There are three situations encountered at BVCP sites where the asbestos-containing material may be left in place. These are detailed in the following three sections:

Asbestos-containing material inside buildings undergoing renovation.
Random asbestos-containing material in historically buried construction and demolition debris.
Intentional land filling of asbestos-containing material.

Asbestos-Containing Material in Renovated Structures

State and federal laws and regulations require proper handling and disposal by qualified personnel if asbestos is removed. However, there is no requirement stating asbestos-containing material be removed unless it exceeds a threshold quantity and is regulated asbestos-containing material, as described in Asbestos Requirements for Demolition and Renovation Projects - PUB2157 and How to handle Asbestos Containing Debris - PUB2121. Other than these situations, the BVCP does not necessarily require removal of all asbestos-containing materials from structures as a condition for obtaining a COC.

It may be necessary or desirable to remove some asbestos-containing materials and leave other material in place in a building being renovated. Some examples of materials left in place are asbestos floor tile, asbestos pipe insulation in inaccessible areas or areas not being modified and asbestos cement siding or roofing on building exteriors.

Potentially friable asbestos materials to be left in place must be “encapsulated” (coated, fully enclosed, etc.), if they will be impacted, using standard industry practices. As required by regulations, clearance sampling must be conducted following the removal and encapsulation work.

The owner must develop an operation and maintenance plan for material left in place. If an environmental covenant is to be executed for the site related to other aspects of a cleanup (for example, if restricted-use soil cleanup standards were used or soil contamination is left on-site under a cap), the plan can be included as an attachment to the covenant. If no covenant is to be executed, the operation and maintenance plan should be a stand-alone document filed in the property chain of title. In either case, BVCP approval of the operation and maintenance plan is required prior to filing.

Buried Asbestos-Containing Building Debris

This section applies to asbestos-containing material as a constituent of historical fill material, such as from demolition of a former building and burial of the debris in the building’s basement, a situation commonly encountered at urban redevelopment sites. On-site disposal of construction and demolition debris, whether it contains asbestos-containing material or not, is no longer allowed under current solid waste regulations, but was common practice in the past. Old building debris may have poor geotechnical characteristics and sometimes must be removed to provide a suitable building pad or to install foundation footing. This may result in the excavation of asbestos-containing material or asbestos-containing debris.

In most cases, the department does not consider it necessary to excavate large volumes of buried demolition debris for the sole purpose of recovering a relatively small amount of asbestos-containing material. However, any material dug up that is suspected asbestos-containing material (for example, pipe insulation) should be segregated and either tested or assumed to be contaminated and disposed of appropriately. The excavation must be overseen by, and any asbestos-containing material handled by, trained asbestos abatement personnel in accordance with current asbestos regulations. If there is no reason to suspect large quantities of asbestos-containing material were buried at the site and such materials are not encountered during excavation, no institutional controls are necessary upon closure of the BVCP site.

Historically, utility piping was made from asbestos-containing material and may also be buried on sites undergoing redevelopment. If buried asbestos-containing piping is intact and undisturbed, it is not necessary to excavate and dispose of it. However, if buried asbestos-containing piping is damaged, removed or will be left exposed as a result of site redevelopment, it needs to be managed and disposed of as asbestos-containing material. All contaminated piping should be handled as a solid waste at a minimum and disposed of at an approved landfill or transfer facility. This includes fragments, non-friable asbestos-containing material and quantities below regulated amounts.

Historical Asbestos Disposal Sites

Large quantities of asbestos-containing material were landfilled prior to the advent of landfill permitting requirements. These materials may include, but are not limited to, scrap from the production of asbestos cement building products, wastes from brake pad or drum production or refurbishing, or refractory materials. These wastes were sometimes deposited near the production facility. Under the BVCP, remedial action alternatives have included both removal and encapsulation in place. Removal must be performed as an abatement project followed by disposal in a permitted landfill in accordance with asbestos and solid waste regulations. For BVCP sites, the installation of an engineered cap always requires placement of an environmental covenant in the property chain of title to provide for maintenance and to prevent disturbance of the landfill and cap, as outlined in the MRBCA guidance. As with all remedial actions overseen by the BVCP, a RAP must be reviewed and approved by the department prior to implementation.

Operation and Maintenance Plan

A Sample Operation and Maintenance Plan (O&M Plan) for Asbestos-Containing Material (ACM) and Lead-Based Paint (LBP) template is available the BVCP webpage. BVCP must review and approve your site’s operation and maintenance plan.

A copy of the plan should be kept at the site and include the following items:

Description of the type and amount of asbestos-containing material.
Location of the material in the building(s), including maps and drawings as appropriate.
Description of accessibility (i.e., in restricted access area or not).
Procedure and schedule for regular inspections.
Contingency plans to be performed in the event the asbestos-containing material is damaged or must be disturbed during renovation, maintenance or repair.

Certification of Completion

BVCP must verify the asbestos-containing material was properly managed and disposed of before issuing a COC. If you are leaving asbestos-containing material in place, your site’s COC will be conditional on you following the operation and maintenance plan. The COC will note the presence of asbestos-containing material and the existence of an operation and maintenance plan. Both the operation and maintenance plan and the COC must be filed in the property chain of title as an institutional control. This is done to make sure that future occupants, maintenance personnel, contractors, owners and buyers are aware of the presence of asbestos-containing material and of the operation and maintenance requirements necessary to maintain safe conditions.

Lead-Based Paint

Abatement of flaking and peeling lead-based paint and lead-based paint dust that poses a hazard to human health or the environment is required for renovation projects overseen by BVCP. Paint in good condition may be left in place provided exposures are minimized and appropriate institutional controls are put in place.

Lead-Based Paint Abatement Under BVCP Oversight

Abatement projects must follow all state and federal regulations, including clearance sampling, to satisfy BVCP standards pertaining to lead-based paint. In particular, all abatement projects in Missouri must follow the U.S. Department of Housing and Urban Development guidelines. Disposal of all wastes generated during abatement projects must also follow all state and federal regulations. Wastes from lead-based paint abatement may be hazardous or special waste.

BVCP provides oversight of projects in which buildings and other structures are demolished. Buildings containing lead-based paint or are suspected of containing lead-based paint, and are being demolished or renovated under BVCP oversight require an approved RAP and final report.

The requirements of demolition projects will be different in some respects from lead-based paint abatement projects. For the specific requirements of demolition projects involving lead-based paint,
refer to the department’s publication Managing Construction and Demolition Wastes - PUB2045.

Remedial Action Plan

If a COC is to be obtained from the department, the site must be enrolled in BVCP with a signed letter of agreement. BVCP must review and approve the remedial action plan (RAP) prior to implementation. Lead-based paint plans may be included as part of a general RAP for a BVCP site in the event other remediation is required. Lead-based paint abatement may also be done under a separate RAP.

The RAP must include, at a minimum, the following information:

Copies of any lead-based paint inspection reports including, at a minimum:
- Tables showing all suspect paint tested and test results including lead concentration, paint color, condition, location and square footage.
- Laboratory raw data reports.
- Maps, drawings, or photos-- photos must be color photocopies or prints.
Copies of all abatement notification forms sent to the department or department delegated agency such as the Department of Health and Senior Services.
General description of abatement techniques to be used in each area of the building including workspace isolation, dust suppression and final cleaning.
The name of the abatement contractor and/or person(s) who will perform abatement work, air monitoring and clearance sampling protocol, documentation of credentials, certifications and licenses.
Clearance sampling protocols including sample locations, number of samples, sample type (floor, exterior porch, window sill, window trough) and sample goals.
Floor plans of buildings before and after building renovations which show the location of lead-based paint.
Final property use goal.

Lead-based Paint Clearance Criteria

Per both state and federal regulations, clearance sampling for lead-based paint abatement must be conducted for building surfaces on which abatement took place or on surfaces exposed to lead paint and dust during abatement.

Clearance sampling must be conducted following abatement activities and before any further renovation takes place. This will ensure all lead paint and dust from abatement activities have been cleared and will not be left under new floor and wall coverings.

The Missouri clearance standards for dust as established in both state and federal requirements are listed in the table below.

Sample Location	Clearance Levels Micrograms per sq. ft.
Floor	10
Exterior Porch Floors	40
Window Sills	100
Window Troughs	100

Final Report

When the lead abatement work is complete, you must send the BVCP a final report including, at a minimum, the following items:

Final clearance wipe sampling results along with maps or drawings of sample locations.
Waste disposal documentation, such as landfill tickets.
Appropriate field sketches and notes documenting sampling location and clearance testing.
Daily field logs are not required.
Description of any lead-based paint to remain in place, including drawings or maps of location(s).
Operations and maintenance plan for any lead-based paint remaining.
Documentation of deviations from the RAP with significant deviations from the RAP having BVCP approval prior to implementation.

Leaving Lead-Based Paint in Place

Encapsulation involves applying a suitable liquid-based coating or adhesive bonding material over existing lead-based paint surfaces. Enclosure involves the installation of a mechanically anchored barrier such as siding, drywall or paneling to make lead based paint inaccessible. If lead-based paint is to be left in the building, an operation and maintenance plan must be prepared

If an environmental covenant is to be executed for the site related to other aspects of a cleanup (for example, if restricted-use soil cleanup standards were used or soil contamination is left on-site under a cap), the plan can be included as an attachment to the covenant. If no covenant is to be executed, the operation and maintenance plan should be a stand-alone document filed in the property chain of title. In either case, BVCP approval of the operation and maintenance plan is required prior to filing.

Operation and Maintenance Plan

A copy of the plan should be kept at the site and include the following items:

Description of the type and amount of lead-based paint.
Location of the material in the building(s), including maps and drawings as appropriate.
Description of accessibility (i.e., in restricted access area or not).
Procedure and schedule for regular inspections.
Contingency plans to be performed in the event the lead-based paint is damaged or must be disturbed during renovation, maintenance or repair.

Certificate of Completion

The BVCP must verify the lead-based paint was properly managed and, if needed, disposed of before issuing a COC. If you are leaving lead-based paint in place, your site’s COC will be conditional on you following the operation and maintenance plan. The COC will note the presence of lead-based paint and the existence of an operation and maintenance plan. Both the operation and maintenance plan and the COC must be filed in the property chain of title as an institutional control. This is done to make sure future occupants, maintenance personnel, contractors, owners and buyers are aware of the presence of lead-based paint and of the Operation and Maintenance requirements necessary to maintain safe conditions.

Additional Information

Nothing in this document may be used to implement any enforcement action or levy any penalty unless promulgated by rule under chapter 536 or authorized by statute.