OAR 340-248-0250: Emission Standards and Procedural Requirements: Exemptions

(1) The following asbestos abatement projects are exempt from certain provisions of this division: (a) Asbestos abatement conducted inside a single unit private residence is exempt from OAR 340-248-0110 through 340-248-0180, 340-248-0210 through 340-248-0240 and 340-248-0260 through 340-248-0270 if the owner occupies the residence and the owner occupant is performing the asbestos abatement project. (b) Asbestos abatement the owner conducts outside of a single unit private residence is exempt from the notification requirements contained in OAR 340-248-0260, if the residence is not a rental property, a commercial business, or intended to be demolished. (c) Demolition and renovation at residential buildings with four or fewer dwelling units, that were constructed after January 1, 2004, are exempt from the provisions of OAR 340-248-0270(1). (d) Demolition and renovation are exempt from the provisions of OAR 340-248-0270(1) if all of the materials at the affected facility are treated, removed, handled, managed, transported, and disposed of as friable asbestos-containing material as required by this division. (e) Projects that involve removing mastics and roofing products that are fully encapsulated with a petroleum-based binder and are not hard, dry, or brittle are exempt from OAR 340-248-0110 through 340-248-0280 provided the materials are not made friable. (f) Projects that involve removing less than three square feet or three linear feet of asbestos-containing material are exempt from OAR 340-248-0110 through 340-248-0180, the notification requirements in 340-248-0260, and the survey requirements in 340-248-0270, provided that removing asbestos is not the primary objective, is part of a needed repair operation, and the methods of removal comply with OAR 437-003-1926.1101 Asbestos, paragraph (g) Methods of Compliance, in Division 3 Construction, Subdivision Z Toxic and Hazardous Substances. Asbestos abatement projects may not be subdivided into smaller sized units in order to qualify for this exemption. (g) Projects that involve removing asbestos-containing materials that are sealed from the atmosphere by a rigid casing are exempt from OAR 340-248-0110 through 340-248-0275, provided the casing is not broken or otherwise altered such that asbestos fibers could be released during removal, handling, and transport to a permitted disposal site. (h) Small-scale short duration renovation and maintenance activities are exempt from the requirement to have a certified supervisor present on the asbestos abatement project. (2) Emergency firefighting is not subject to this division. (3) Asbestos-containing waste material that is handled and disposed of in compliance with a solid waste permit issued under ORS chapter 459 is not subject to OAR 340-248-0205(1). (4) Municipal landfills, transfer stations, and material recovery facilities as defined and permitted by OAR 340 division 93 through OAR 340 division 96 that are following DEQ approved operations and special waste management plans are exempt from managing nonfriable asbestos-containing material as OAR 340-248-0280 specifies if the nonfriable asbestos-containing material is first discovered by the permitted disposal site on its tipping floor or within the permitted facility's transfer container, and managing the nonfriable asbestos-containing material as OAR 340-248-0280 requires would present an immediate risk to health and safety. A disposal site that manages its waste under this subpart must immediately notify the final permitted disposal site, as applicable, and notify DEQ within 24 hours of discovering nonfriable asbestos containing material on its tipping floor or in its transfer container. (5) A person performing vehicle brake and clutch maintenance or repair is exempt from OAR 340-248-0100 through OAR 340-248-0180.