Our project site has two buildings that will be demolished to erect our project. Through testing that is compliant with NESHAPS standards it has been determined that both buildings have asbestos. The remediation (removal of asbestos containing items) will be preformed per NESHAPS standards.
Question 1: Does our project comply with the intent of the is credit?
Question 2: If I were to put this information into a narrative and upload it as alternative compliance would that suffice for documentation?
Question 3: Can someone confirm that EPA 40-CRF-763 is related to k-12 schools and would not be relevant to a office building? (disclaimer: I am not up to speed on my the asbestos regulations).
Thanks in advnace for your help!
Larry Sims
PrincipalStudio4, LLC
LEEDuser Expert
161 thumbs up
July 14, 2012 - 7:07 am
Lisa,
Question 1: NESHAPS pertains only to activities involving the processing, handling, and disposal of asbestos-containing material. The finding and subsequent removal of asbestos on site does not in itself comply. According to the credit requirements, projects must either be “documented” as contaminated by means of an ASTM E1903-97 Phase II Environmental Site Assessment, or must be classified as a brownfield by a local, state or federal government agency. However, USGBC has permitted asbestos assessments performed in accordance with the Code of Federal Regulations, Chapter 40, Part 763 as equivalent to a Phase II ESA (ASTM E1903-9) for “proving” contamination of sites for the purpose of this credit.
Question 2: Your LEED application must include executive summary-level content from the investigation's report, explaining the extent of contamination and required action.
Question 3: The Asbestos Hazard Emergency Response Act (AHERA) specifically requires local “education agencies” to take actions as defined by Code of Federal Regulations, Chapter 40, Part 763, Subpart E.