http://www.deq.louisiana.gov/portal/portals/0/news/pdf/LDEQdemolitionltr22406.pdf
 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
FEB 24 2006
OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE

Mike D. McDaniel, Ph.D.
Secretary
Louisiana Department of Environmental Quality
P.O. Box 4301
Baton Rouge, Louisiana 70821-4301

Dear Dr. McDaniel:

EPA and Louisiana Department of Environmental Quality (LDEQ) staff have
continued to work together to discuss areas where LDEQ may need
additional flexibility to address the challenges caused by Hurricanes
Katrina and Rita. In a meeting between our respective staffs on February
16 and 17,2006, LDEQ was clear that the issues of the number of houses
requiring demolition, the sheer volume of debris, limited landfill space
that can currently accept asbestos contaminated material, and the need
to move expeditiously to proceed with demolition activities are still
critical factors that need to be addressed. As a result, LDEQ requested
at that meeting additional flexibility to facilitate demolition
activities. In light of the circumstances outlined by LDEQ, today EPA is
exercising its enforcement discretion and granting a No Action
Assurance.

As you know, on February 3, 2006, EPA issued a No Action Assurance for
the asbestos National Emissions Standards for Hazardous Air Pollutants
(NESHAP), 40 CFR Part 61, Subpart M, to allow residences that are
subject to a government issued demolition order based on the residence
being 1) structurally unsound but not necessarily in danger of imminent
collapse, or 2) moved off of its foundation, to be treated as though the
demolition order is based on a determination that the house is
structurally unsound and in danger of imminent collapse. Under section
61. 145(a)(3) of the asbestos NESHAP regulation, buildings subject to a
government issued demolition order based on a determination that the
building is structurally unsound and in danger of imminent collapse are
not subject to otherwise applicable requirements for inspection and
removal of asbestos prior to demolition. Such structures must
nonetheless be demolished, transported and disposed of in accordance
with specified requirements that ensure adequate protection from any
asbestos the buildings may contain. These requirements include
notification, thorough wetting of the building both prior to and during
the demolition process, and proper disposal of all the debris as if it
contained asbestos. The effect of the February 3 No Action Assurance is
to allow residences subject to government issued demolition orders based
on the structures being unsound or moved off their foundations to be
demolished and disposed of in accordance with the streamlined
requirements of section 61. 145(a)(3).

Today, EPA is extending the February 3, 2006 No Action Assurance to
residences that are subject to government issued demolition orders
because they are uninhabitable for other environmental reasons (e.g.,
from excessive flood damage rendering the home uninhabitable). Under
this No Action Assurance, as under the February 3 action, such
residences may be treated as though they are subject to government
issued demolition orders based on a determination that they are
structurally unsound and in danger of imminent collapse and thus subject
to section 61.145(a)(3) of the asbestos NESHAP regulation. In other
words, LDEQ, the US. Army Corps of Engineers, local governments, or
persons acting under direction of any of these governmental entities,
may apply to such residences the NESHAP requirements governing buildings
that are "structurally unsound and in danger of imminent collapse." As
noted above, for such buildings the asbestos NESHAP dispenses with prior
inspection and removal of asbestos but requires notification and proper
handling, transport and disposal. EPA is taking this action because it
recognizes the necessity of addressing a number of residences not
covered by the earlier No Action Assurance, but in need of expeditious
demolition and removal.

Today's No Action Assurance will be in effect until February 3, 2007,
and apply only to demolition of those residences in Louisiana that were
damaged by Hurricane Katrina or Rita and which are subject to a
government issued demolition order. In addition, this No Action
Assurance applies only to residences that have four or fewer units being
demolished in areas where public access is restricted. The No Action
Assurance applies to LDEQ and persons operating at LDEQ's direction, the
US. Army Corps of Engineers and persons operating at the Corps'
direction, and local governments and persons acting under their
direction. Today's action does not apply to structures that are being
demolished solely because the cost of repair exceeds the cost of
replacement. This No Action Assurance does not apply to any other
federal requirements that may apply to residential demolition and
disposal activities (other than the asbestos NESHAP provisions
specifically discussed herein). EPA reserves the right to revoke or
modify this No Action Assurance if the Agency believes that such action
is necessary to protect public health or the environment.

The February 3, 2006 No Action Assurance did not apply to local
governments or persons operating at their direction. Today, EPA is
amending that No Action Assurance to include local governments and
persons operating at their direction because the Agency understands the
local I governments have been handling a significant portion of the
demolition activities directly and they require the same flexibility to
proceed expeditiously.

In accordance with section 61.145(a)(3), debris resulting from the
demolition of any residence deemed and treated as "structurally unsound
and in danger of imminent collapse" under either the February 3,2006 No
Action Assurance or today's No Action Assurance must be handled and
disposed of as if it potentially contained asbestos. We understand that
LDEQ intends to enhance a number of its existing construction and
demolition (C&D) landfills with additional controls to meet or exceed
the federal standards under the NESHAP for disposal of these types of
waste material that potentially contain asbestos. Because certain types
of asbestos (but not all types of asbestos) were banned after 1980,LDEQ
intends to send debris from "unsound" residences built after 1980 to
these enhanced landfills. However, since the enhanced C&D landfills, as
well as Louisiana's permitted Type I and Type n landfills are required
by Louisianato either meet or exceed federal disposal standards under
the NESHAP, EPA will defer to the State to set disposal location
priorities.

EPA is committed to continue to work with LDEQ in addressing the very
difficult circumstances caused by Hurricanes Katrina and Rita. For
example, our staffs are revisiting the use of Air Curtain Destructors
and grinders as means of debris volume reduction to further assist in
addressing the lack of adequate landfill space. I am hopeful these
activities will be able to move forward, perhaps providing relief in
both the immediate situation and future times of need. If you have any
questions, please give me a call at 202-564-2440, or have your staff
call Randy Hill of my staff at 202-564-2220 or John Blevins of EPA
Region 6 at 214-665-2210.

Sincerely,

/s/Granta Y. Nakayama

Assistant Administrator

cc: Richard Greene, Regional Administrator,Region 6
J.l Palmer, Jr., Regional Administrator, Region 4
Dr. Harold Leggett, LDEQ
Dr. Chuck Carr Brown, LDEQ
Cheryl Nolan, LDEQ
BG Robert Crear, U.S. Army Corps of Engineers
Charles Chisolm, Executive Director, MDEQ
 
 
 

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