New Requirements for Asbestos Surveys from the Ohio Department of Health

By Dan Brown, Partners Environmental Consulting, Inc.

Asbestos containing materials (ACM) were widely used in the 1950s, 1960s and 1970s as an insulating and decorative material in many buildings.  Some asbestos containing materials can still be purchased and utilized in the United States.  Prior to conducting renovation or demolition activities of any buildings, you are required to conduct an asbestos survey and provide notification to the Ohio Department of Health (ODH) and the Ohio Environmental Protection Agency (EPA) if ACM is present in significant quantities.  Many people also conduct asbestos surveys before they purchase a property to better understand potential environmental costs associated with the management of ACM.  In the past, surveys associated with Property transactions could be limited, or screening-type surveys.  Recently, the rules for the process to conduct such surveys have changed and only comprehensive surveys are now allowed in Ohio.

As of September 1, 2010, revisions to the rules promulgated in the State of Ohio by ODH require all Asbestos Inspectors to collect bulk samples for asbestos in accordance with the regulations adopted by the United States Environmental Protection Agency pursuant to Title II of the Federal Toxic Substances Control Act found in 40 CFR Part 763.86, regardless of site or location.  Materials to be sampled include:

Surfacing Materials

Surfacing materials in a building are typically sprayed-on, troweled-on, or otherwise applied to surfaces such as acoustical plaster on ceilings and fireproofing materials on structural members.  If any samples of surfacing materials are collected as part of an inspection, a sufficient number of samples must be collected to determine if a material is negative for asbestos content.  Essentially all samples of potential ACM surfacing material must be collected in accordance with the “3, 5, 7 Rule” (Asbestos Hazard Emergency Response Act (AHERA), 40 CFR Part 763 Subpart E).  The rule requires: an accredited inspector shall collect, in a statistically random manner that is representative of the homogeneous area, bulk samples from each homogeneous area of friable surfacing material that is not assumed to be ACM, and shall collect the samples as follows:

Size of Homogeneous                               Required
Area (ft²)                                                   Number of
                                                                 Samples

Less than or equal to 1,000                                           3
Greater than 1,000 but less than or equal to 5,000       5
Greater than 5,000                                                         7

Thermal System Insulation (TSI)

A minimum of three (3) bulk samples must be collected from each homogeneous area of TSI that is not assumed to be ACM.  In addition TSI sampling must include at least one (1) bulk sample from each homogeneous area of patched TSI, and bulk samples from each insulated mechanical system where cement or plaster is used on fittings such as tees, elbows, or valves, in a manner sufficient to determine whether the material is ACM or not ACM.

Miscellaneous Materials

Miscellaneous materials include interior building materials on structural components, structural members, or fixtures such as floor and ceiling tiles, but do not include surfacing materials or TSI.  Bulk samples of miscellaneous materials must be collected from each homogeneous area of friable miscellaneous material in a manner sufficient to determine whether the materials are ACM or not ACM.

Nonfriable Suspected Asbestos Containing Building Material (ACBM)

Any homogeneous area of nonfriable suspected ACBM that is not assumed to be ACM must be sampled in a manner sufficient to determine whether the materials are ACM or not ACM.

Based on this change in the regulations, Limited Asbestos Surveys or Screening Surveys (i.e., collecting less than the regulatory-determined number of samples of a potentially regulated material) are no longer permitted in the State of Ohio. 

In addition to changes in the sampling requirements, the new rules describe the level of detail that must be included in reports any time asbestos bulk samples are collected.  Reports must now include the following information:

• Date of inspection;
• Address of the site;
• Name, address and phone number of the site owner, client, or customer;
• Name, signature and asbestos hazard evaluation specialist number of the person writing the report;
• A blueprint, diagram, or written description that clearly identifies each sample location, the type of material, and the approximate footage (square or linear) of homogeneous areas where confirmed ACM, the exact location where each bulk sample was collected, the date of collection, and homogeneous areas and footages where friable or nonfriable suspected ACM is assumed to be ACM;
• A description of the manner used to determine sample locations, and the name, signature and asbestos hazard evaluation specialist number of each person collecting samples; and
• A copy of the bulk sample analysis report, the name and address of the laboratory that analyzed the bulk samples, the date of analysis, and the name and signature of the person performing the analysis.

About the Author:

• Dan Brown is with Partners Environmental Consulting, Inc. which is a quality and service oriented environmental consulting firm specializing in property transactions, safety and environmental compliance, Brownfield redevelopment and environmental litigation support.
• He can be reached via telephone at (440) 248-6005 or by e-mail at dbrown@partnersenv.com.