The RACM Applicability Standard: Summary

In summary, we conclude that the ALJ erred in holding that the Region failed to adequately plead or pursue its contention that Friedman & Schmitt’s removal of RACM from the Calderwood Apartments exceeded the 160-square-foot threshold under 40 C.F.R. § 61.145(a)(i), thereby triggering the notice and work practice requirements for Friedman & Schmitt’s activities.

We also conclude for the reasons stated above that the evidence in the record shows that this 160-square-foot threshold was exceeded both with respect to RACM in the form of linoleum removed from the Calderwood Apartments and with respect to RACM in the form of acoustic ceiling material removed from Building #2.

In addition, we hold that, because the applicability threshold was exceeded, Friedman & Schmitt were required to comply with the Asbestos NESHAP’s notice and work practice standards for their activities in 1997 at the "Facility" - the Town & Country Village development project.