Chapter DHS 159

DHS 159.19(7)(b)9. 9. The quality control plan required under s. DHS 159.22 (5), including documentation of activities conducted in compliance with the quality control plan.

DHS 159.19(8) (8) Compliance with applicable laws. When conducting regulated asbestos activities, the asbestos company shall comply with this chapter, other applicable state and federal asbestos laws and regulations, and local ordinances relating to asbestos, including the following:

DHS 159.19(8)(a) (a) Department of safety and professional services asbestos regulations for public sector employee health and safety under ch. SPS 332.

DHS 159.19(8)(b) (b) DNR regulations for control of asbestos emissions under ch. NR 447, and for collection and transportation of asbestos waste under s. NR 502.06 (3).

DHS 159.19(8)(c) (c) 15 USC 2643 and 2646, Title II of the U.S. Toxic Substances Control Act (TSCA).

DHS 159.19(8)(d) (d) U.S. EPA regulations under 40 CFR 763 subpart E, asbestos-containing materials in schools, including appendix C, asbestos model accreditation plan, and appendix D, transport and disposal of asbestos waste, and subpart G to 40 CFR 763, asbestos worker protection.

DHS 159.19(8)(e) (e) U.S. EPA national emission standards for hazardous air pollutants under 40 CFR 61 subparts A, general provisions, and M, national emission standards for asbestos.

DHS 159.19(8)(f) (f) U.S. OSHA regulations under 29 CFR 1926.1101, asbestos construction standard, 29 CFR 1926.59, hazard communication standard, and, 29 CFR 1910.134, respiratory protection standard.

DHS 159.19(8)(g) (g) U.S. Department of Transportation requirements under 49 CFR Part 172, hazardous materials transportation standard.

DHS 159.19 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09; correction to numbering of (8) (f) and (g) made under s. 13.92 (4) (b) 1., Stats., Register February 2009 No. 638; correction in (8) (a) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.

DHS 159.20 DHS 159.20 Asbestos abatement notification.

DHS 159.20(1) (1) Notification requirement. Before it may set up to perform an asbestos abatement activity, an asbestos company shall notify the department as required under this section on a form obtained from or approved by the department and shall pay the applicable fee specified under sub. (8).

DHS 159.20(2) (2) Abatement activities that require notification.

DHS 159.20(2)(a) (a) An asbestos company shall notify the department of any of the following asbestos abatement activities performed on the interior or exterior of a residential structure that has fewer than 5 dwelling units:

DHS 159.20(2)(a)1. 1. Removal of more than one glove bag or disposal bag, which is no larger than 60 inches by 60 inches properly filled and sealed, of friable or non-friable asbestos-containing material.

DHS 159.20(2)(a)2. 2. Enclosure, encapsulation or repair of more than 3 square feet or 3 linear feet of friable asbestos-containing material.

DHS 159.20(2)(b) (b) An asbestos company shall notify the department of any of the following asbestos abatement activities performed on the interior or exterior of any facility other than a residential structure that has fewer than 5 dwelling units:

DHS 159.20(2)(b)1. 1. Removal of more than one glove bag or disposal bag, which is no larger than 60 inches by 60 inches properly filled and sealed, of non-friable asbestos-containing material.

DHS 159.20(2)(b)2. 2. Removal of more than one glove bag or disposal bag, which is no larger than 60 inches by 60 inches properly filled and sealed, but less than 160 square feet, 260 linear feet, 35 cubic feet of friable asbestos-containing material, or less than 5,580 square feet of asbestos-containing roofing using mechanical methods.

DHS 159.20(2)(b)3. 3. Enclosure, encapsulation or repair of more than 3 square feet or 3 linear feet of friable asbestos-containing material.

DHS 159.20(3) (3) Exceptions to notification. Notification is not required when removal is conducted before a fire burn or demolition regulated under ch. NR 447 and notification is made to the Wisconsin department of natural resources.

DHS 159.20 Note Note: The Department of Natural Resources also has notification requirements under ch. NR 447 that apply to structures other than residential structures with fewer than 5 dwelling units. Notification to the DNR is required before the removal of any amount of asbestos-containing material for DNR-regulated demolitions and before the removal of friable asbestos or regulated asbestos-containing material in amounts of 160 sq. ft., 260 lnr. ft., or 35 cu. ft., or more, for renovation and planned renovation projects. For more information on DNR requirements, visit the DNR website at http://dnr.wi.gov and type in keyword “asbestos” in the Site Search.

DHS 159.20(4) (4) Required content of notification. Notification shall include all of the following:

DHS 159.20(4)(a) (a) A unique company project number assigned by the asbestos company.

DHS 159.20(4)(b) (b) The following information regarding the asbestos abatement activity site: type of property, property name if applicable, address, and the name and telephone number of the authorized property contact person.

DHS 159.20(4)(c) (c) The asbestos abatement type: removal, enclosure, encapsulation or repair of asbestos-containing material, or any combination of these activities.

DHS 159.20(4)(d) (d) The occupancy status: whether the structure will be occupied or vacant during the project.

DHS 159.20(4)(e) (e) The notification type: original, cancellation, revision, planned renovation project, or sub-project to a planned renovation project.

DHS 159.20(4)(f) (f) The asbestos abatement activity schedule including start date beginning with set up, end date, and work days and hours.

DHS 159.20(4)(g) (g) Information about any pre-project asbestos inspection conducted and the name and department certification number of the inspector.

DHS 159.20(4)(h) (h) The asbestos company name, department certification number and address, and the name and telephone number of the project contact person.

DHS 159.20(4)(i) (i) The amount and type of asbestos-containing material involved in the project.

DHS 159.20(4)(j) (j) Signature of an authorized company representative and the date of signature.

DHS 159.20(5) (5) Notification for planned renovation.

DHS 159.20(5)(a) (a) An asbestos company may submit notification for a planned renovation project, for a time period not to exceed 12 months, when the company anticipates that multiple sub-projects of a planned renovation will include asbestos abatement activities. A company submitting notification for a planned renovation shall subsequently submit notification for each asbestos sub-project that meets the notification requirements under sub. (1).

DHS 159.20(5)(b) (b) Notification for a sub-project to a notified planned renovation project shall include all of the following:

DHS 159.20(5)(b)1. 1. The company project number for the planned renovation from the original planned renovation notification.

DHS 159.20(5)(b)2. 2. The sequential number of the asbestos sub-project conducted under the planned renovation project.

DHS 159.20(5)(b)3. 3. All other asbestos abatement activity information required under sub. (2).

DHS 159.20 Note Note: Department notification forms are available on the department’s website at www.dhs.wi.gov/asbestos or may be obtained from the Asbestos and Lead Unit: [e-mail]; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.

DHS 159.20(6) (6) Notification of revised or cancelled project.

DHS 159.20(6)(a) (a) Whenever any information required under sub. (2) changes or when a project is cancelled, the asbestos company shall submit a revised notification to the department using a copy of the original notification with the following:

DHS 159.20(6)(a)1. 1. In the section labeled “notification type” on the notification form, either “cancellation” or “revision” checked and the number of the revision entered.

DHS 159.20(6)(a)2. 2. All revised information circled or highlighted.

DHS 159.20(6)(b) (b) A notification of revision or cancellation shall be submitted as soon as the need for revision or cancellation is known, accompanied by the appropriate fee if required under sub. (8) (b).

DHS 159.20(6)(c) (c) An asbestos abatement activity notification is considered expired once the abatement activity has been cancelled or the abatement activity end date has passed. A notification may be revised after it expires only if the project fails air clearance and re-cleaning is necessary. “Re-cleaning” shall be clearly stated on the revised notification form.

DHS 159.20(6)(d) (d) If an expired asbestos abatement activity is rescheduled, a new notification and fee is required.

DHS 159.20 Note Note: Submit revised notifications by fax, 608-266-9711; email, [e-mail] or personal delivery to Room 137, 1 W. Wilson St, Madison, WI.

DHS 159.20(7) (7) Notification submittal.

DHS 159.20(7)(a) (a) Original asbestos abatement activity notification and planned renovation project notification and fees may be submitted by means of fax, email, personal delivery, delivery service, another method if approved by the department, or by U.S. postal service if postmarked at least 4 working days before the project start date. U.S. postal service may not be used when submitting notification less than 4 working days before the asbestos abatement activity start date.

DHS 159.20(7)(b) (b) Revised and cancelled asbestos abatement activity notification may be submitted by means of fax, email, personal delivery, or another method if approved by the department.

DHS 159.20(8) (8) Notification fees. The appropriate fee shall accompany the asbestos abatement activity notification.

DHS 159.20(8)(a) (a) For an original asbestos abatement activity notification, the following fees apply:

DHS 159.20(8)(a)1. 1. A $50 fee when submitted to the department 2 working days or more before the project start date. Notification submitted by U.S. postal service that is postmarked at least 4 working days before the project start date will be deemed in compliance with a 2 working day notification.

DHS 159.20(8)(a)2. 2. A $100 fee when submitted to the department less than 2 working days before the project start date.

DHS 159.20(8)(b) (b) For revisions to an asbestos abatement activity notification, the following fees apply:

DHS 159.20(8)(b)1. 1. A $50 fee when a revision to an earlier start date is submitted to the department less than 2 working days before the new start date.

DHS 159.20(8)(b)2. 2. No fee is required with any other revision submitted to the department.

DHS 159.20(8)(c) (c) For an original planned renovation project or sub-project notification, the following fees apply:

DHS 159.20(8)(c)1. 1. A $100 fee for an original planned renovation project notification.

DHS 159.20(8)(c)2. 2. A $50 fee for a sub-project notification when submitted to the department less than 2 working days before the sub-project start date.

DHS 159.20(8)(c)3. 3. No fee for a sub-project notification when submitted to the department 2 working days or more before the sub-project start date.

DHS 159.20(8)(d) (d) An asbestos abatement activity notification fee shall be paid by the following means:

DHS 159.20(8)(d)1. 1. When submitting notification by fax or email, payment shall be made by credit or debit charge to VISA or MasterCard.

DHS 159.20(8)(d)2. 2. When submitting notification by personal delivery, delivery service, or U.S. postal service, payment may be made by check, money order, or credit or debit charge to VISA or MasterCard.

DHS 159.20(8)(d)3. 3. The department does not accept cash payment.

DHS 159.20(8)(d)4. 4. Payment by check or money order shall be made payable to “Department of Health Services” or “DHS”.

DHS 159.20(8)(e) (e) A person who submits a fee that is not honored by a financial institution may be required to submit the fee in a form of payment that is guaranteed by a financial institution and to pay any processing charges.

DHS 159.20(8)(f) (f) Fees are nonrefundable and nontransferable.

DHS 159.20(8)(g) (g) A school that is subject to AHERA regulations is exempt from notification fees when the asbestos abatement activity is conducted solely by a school district employee.

DHS 159.20 Note Note: Submit notification to Asbestos and Lead Unit: 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659; (fax) 608-266-9711; [e-mail]. For notification submitted by fax or email payment may be made only by credit or debit charge to a VISA or MasterCard.

DHS 159.20 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09.

DHS 159.21 DHS 159.21 Responsibilities when conducting asbestos abatement. Except when certification is not required under s. DHS 159.06, an asbestos company shall ensure compliance with the following when conducting an asbestos abatement activity:

DHS 159.21(1) (1) Protection of public health. The asbestos company shall protect the health of occupants, visitors, workers, and any other persons near an asbestos abatement activity by using documented engineering controls and work practices that prevent the release of asbestos fibers into the air.

DHS 159.21(1)(a) (a) For all asbestos abatement activities, the company shall follow work practice standards established by DNR under s. NR 447.08, by OSHA under 29 CFR 1926.1101, and by the Wisconsin department of safety and professional services under ch. SPS 332.

DHS 159.21(1)(b) (b) For asbestos abatement activities involving the exterior of a structure, the company shall use appropriate engineering controls to prevent asbestos debris and fibers from entering the interior of the structure.

DHS 159.21(2) (2) Project log. The company shall maintain a project log onsite for each workday of an asbestos abatement activity. The daily project log shall include the date, project number as identified on the notification form required under s. DHS 159.20, project address, printed name and certification number of the site supervisor, and the printed name, signature, reason for entry, department certification number, if appropriate, and the in and out times for each person who enters the regulated area.

DHS 159.21(3) (3) Occupant protection plan. A written occupant protection plan shall be posted in plain view outside each regulated area when the structure on which the asbestos abatement activity is being conducted is occupied or furnished. The plan shall be written on a form provided or approved by the department and shall describe how occupants and furnishings will be protected from exposure to asbestos fibers during the asbestos abatement activity and shall include all of the following:

DHS 159.21(3)(a) (a) The name, address, and telephone number of the company conducting the asbestos abatement activity.

DHS 159.21(3)(b) (b) The address of the property where the project is being conducted and the name and telephone number of the property contact person.

DHS 159.21(3)(c) (c) The project starting and ending dates and work schedule or shifts.

DHS 159.21(3)(d) (d) A statement that only authorized persons using appropriate personal protection may enter regulated areas.

DHS 159.21(3)(e) (e) A description of the engineering controls that will be used to prevent contamination of the structure, including the heating, ventilating, and air conditioning systems.

DHS 159.21(3)(f) (f) A description of any clearance activities that will be conducted.

DHS 159.21 Note Note: Occupant protection forms are available on the department’s website at www.dhs.wi.gov/asbestos or may be obtained from the Asbestos and Lead Unit: [e-mail]; 608-261-6876; 1 W. Wilson St, Room 137, PO Box 2659, Madison, WI 53701-2659.

DHS 159.21(4) (4) Worker supervision. The asbestos company shall ensure that each asbestos worker conducting asbestos abatement activities has direct onsite supervision by an asbestos supervisor certified under this chapter and that each exterior asbestos worker conducting asbestos abatement activities has direct onsite supervision by an asbestos supervisor or exterior asbestos supervisor certified under this chapter.

DHS 159.21(5) (5) Verification of worker certification status. The asbestos company shall verify that each individual who conducts or supervises an asbestos abatement or asbestos management activity for the company is certified in the appropriate discipline required for the activity.

DHS 159.21(6) (6) Supervisor authority. The asbestos supervisor or exterior asbestos supervisor shall have the authority to shut down an asbestos abatement activity or take other prompt corrective measures to eliminate asbestos hazards and to ensure compliance with asbestos regulations.

DHS 159.21 History History: CR 08-036: cr. Register February 2009 No. 638, eff. 5-1-09; correction in (1) (a) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.