Code of Colorado Regulations
1000 - Department of Public Health and Environment
1007 - Hazardous Materials and Waste Management Division
6 CCR 1007-2 - SOLID WASTE SITES AND FACILITIES
Part 1 - SOLID WASTE SITES AND FACILITIES
Part B - REQUIREMENTS AND INFORMATION CONCERNING ALL SOLID WASTE DISPOSAL SITES AND FACILITIES IN THE STATE OF COLORADO
Section 5 - ASBESTOS WASTE MANAGEMENT

Appendix 6 CCR 1007-2-5A - SAMPLE COLLECTION PROTOCOLS AND ANALYTICAL METHODOLOGIES

Current through Register Vol. 48, No. 6, March 25, 2025

5.1 GENERAL PROVISIONS: The provisions of Section 5.1-5.4 shall apply to all asbestos waste disposal areas.

5.1.1

(A) Any person who disposes of asbestos waste and any owner or operator of an asbestos waste disposal area, shall comply with the requirements of Sections 1,2,3, and 5 of these regulations.

(B) If a conflict exists between the requirements of this section and Sections 1, 2, or 3, the requirements of Section 5 shall control.

5.1.2 Each asbestos waste disposal area shall comply with the rules and regulations of the Department, the Water Quality Control Commission, the Air Quality Control Commission and each applicable local law and ordinance. Each asbestos waste disposal area shall be located, designed, constructed, operated and maintained so that it will protect public health, worker safety, and the environment.

5.1.3 No asbestos waste management activities shall cause or contribute to the occurrence of any visible emissions.

5.2 NON - FRIABLE ASBESTOS WASTE DISPOSAL AREAS: The provisions of this subsection 5.2 shall apply to each asbestos waste disposal area that receives non- friable asbestos waste.

5.2.1 Within 24 hours following receipt of non- friable asbestos waste and any storage thereof in accordance with Section 5.4 of these regulations, the waste shall be covered with a minimum of nine inches (9") of soil or eighteen inches (18") of non- asbestos cover material. The Department and local governing body having jurisdiction may approve on a case-by-case basis alternative materials of an alternative thickness. All other requirements of Sections 1.1 through 1.9 and 2.0 and 3.0 of these regulations regarding placement of "adequate cover" shall also apply to the disposal of non- friable asbestos waste. Operators shall minimize the potential for release from and exposure to asbestos waste after placement in each disposal area and shall not compact the waste prior to application of cover materials. At no time shall compaction equipment come into contact with asbestos waste, containers, or packaging.

5.2.2 Non- friable asbestos waste management shall be accomplished in a manner that minimizes any change in the friability of the waste.

5.3 FRIABLE ASBESTOS WASTE DISPOSAL AREAS: The provisions of this subsection 5.3 shall apply to each asbestos waste disposal area that receives friable asbestos waste.

5.3.1 (A) No friable asbestos waste shall be received or disposed of at a solid waste facility unless expressly authorized by an approved design and operations plan. This design and operations plan shall describe the friable asbestos disposal area, areas, or work practices used for onsite disposal of friable asbestos waste and shall contain provisions for a response to a spill or release of friable asbestos waste material.

5.3.2 The Department may approve specific disposal activities for friable asbestos waste on a case-by-case basis in accordance with Section 1.5 of these regulations.

5.3.3 No friable asbestos wastes shall be disposed of within one hundred feet (100') in all directions of the property line of a solid waste disposal site and facility.

5.3.4 Warning signs and fencing, or appropriate controls as approved by the Department, shall be installed and maintained at the perimeter of each asbestos waste disposal area where friable asbestos waste is disposed of, in accordance with the following minimum requirements:

(A) A fence shall be placed around the entire area where there has been or will be disposal of friable asbestos waste to ensure the restriction of activities in that area and to preclude the entry of unauthorized and unprotected personnel.

(B) Warning signs shall be displayed as follows: one at each entrance to each asbestos waste disposal area; and one or more on each side of the fenced area based on the length of the side, at a rate of one for every three hundred linear feet (300') of fence.

(D) Each warning sign shall be an upright rectangle with minimum measurements of twenty inches by fourteen inches (20"x14").

(E) Each warning sign shall display the legend set out below. The letter sizes used in the legend shall be as specified below or of a visibility at least equal to those specified below.

Legend	Notation
Asbestos Waste Disposal Area	1 inch
Do Not Create Dust	0.75 inch
Breathing Asbestos Is Hazardous to Your Health	14 point

(F) Spacing between any two lines in the legend of the warning signs must be at least equal to the height of the upper of the two lines.

(G) Facilities that have existing signs referring to Asbestos Waste Disposal Sites may continue to use these signs until replacement is warranted.

5.3.5

(A) No friable asbestos waste shall be accepted for disposal unless it is tightly sealed in at least two 6 mil, leak - tight plastic bags or in a wrapping or other container deemed equivalent by the Department.

(B) The outermost layer of any containers holding friable asbestos waste shall be labeled with either of the following legends in type at least .5 inches tall:

(1)

CAUTION

CONTAINS ASBESTOS

AVOID OPENING OR BREAKING CONTAINER

BREATHING ASBESTOS IS HAZARDOUS TO YOUR HEALTH

(2)

DANGER

CONTAINS ASBESTOS FIBERS

AVOID CREATING DUST

CANCER AND LUNG DISEASE HAZARD

5.3.6 All activities involved in the disposal of friable asbestos waste, including placement in an asbestos waste disposal area, covering the asbestos waste, and compacting the fill shall be conducted in a manner that minimizes the potential for the rupture or opening of any bags, wrappers or other containers holding the friable asbestos waste and that prevents the emission of asbestos to the air.

5.3.7 (A) Wthin 24 hours following receipt of friable asbestos waste and any storage thereof in accordance with Section 5.4 of these regulations, the waste shall be covered with a minimum of nine inches (9") of soil or eighteen inches (18") of non- asbestos cover material. The Department and local governing body having jurisdiction may approve on a case-by-case basis alternative materials of an alternative thickness. All other requirements of Sections 1.1 through 1.9 and 2.0 and 3.0 of these regulations regarding placement of "adequate cover" shall also apply to the disposal of friable asbestos waste. Operators shall minimize the potential for release from and exposure to asbestos waste after placement in the disposal area and shall not compact the waste prior to application of cover materials. At no time shall compaction equipment come into contact with asbestos waste, containers or packaging.

5.3.8 Structurally rigid containers that hold friable asbestos waste shall be covered as specified in Section 5.3.7 within seventy-two hours of receipt or termination of storage. Precautions must be taken to avoid damage or rupture of the asbestos containers during handling. Before the owner/operator compacts any friable asbestos waste containers, the containers shall be covered with a minimum of nine inches (9") of soil or eighteen inches (18") of non-asbestos cover material.

5.3.9

(A) Any friable asbestos waste received in packaging other than a structurally rigid container shall be received and disposed of only if:

(1) An asbestos waste disposal area necessary for the disposal of such friable asbestos waste is prepared prior to the arrival of such waste at the landfill;

(2) A minimum of nine inches (9") of soil or eighteen inches (18") of non- asbestos cover material and the equipment necessary to cover the asbestos waste upon its placement in each asbestos waste disposal area is available to cover the asbestos waste per the requirements of Sections 5.3.7 and 5.3.8;

(3) All unrelated landfill activities within one hundred (100') feet in all directions of each asbestos waste disposal area are stopped during the placement, covering, and compaction of the asbestos waste;

(4) No non - essential persons are allowed within one hundred (100') feet in all directions of each asbestos waste disposal area during the placement, covering, and compaction of the asbestos waste;

(5) Sustained wind speeds at the asbestos waste disposal area do not exceed twenty miles per hour (20 mph) and gusts do not exceed thirty miles per hour (30 mph);

(6) A source of water is provided at the site to facilitate wetting the asbestos wastes if any container is breeched during placement of asbestos waste.

(B) Any friable asbestos waste received in packaging other than structurally rigid containers shall be disposed of by placement in an asbestos waste disposal area that is at least one hundred feet (100') in all directions from any area being used concurrently for the disposal of other waste.

5.3.10 The owner or operator of an asbestos waste disposal area where friable asbestos waste has been disposed of shall:

(A) Maintain operating records required under subsection 2.4 of these regulations, including permanent records of the date and amount of each receipt of asbestos waste, the location of each asbestos waste disposal area within the boundaries of the solid waste disposal facility and the quantity of asbestos waste at each such location. These records shall be of sufficient specificity to identify the location and depth of the asbestos waste.

(B) Ensure that records made to comply with this subsection are readily available at all times and are made available to the local governing body having jurisdiction and the Department upon request.

(C) Such records shall be submitted to the local governing body having jurisdiction within thirty (30) days after the closure of the asbestos waste disposal area has been completed.

5.4 STORAGE OF ASBESTOS WASTE: Storage of asbestos waste at an asbestos waste disposal area, prior to burial, shall be conducted in accordance with the following requirements:

5.4.1 Asbestos waste shall be stored only in rigid containers and in segregated locations used solely for the purpose of such storage where asbestos waste packages can be handled, stored and maintained without being opened or disturbed.

5.4.2 Asbestos waste shall be stored at an asbestos waste disposal area for no more than twenty (20) calendar days prior to burial.

5.4.3 A warning sign shall be posted on each side of an area where asbestos waste is stored prior to burial. Such signs shall conform to subsection 5.3.4(C), (D) and (F). The legend on each such sign shall conform to the requirements of subsection 5.3.4(E) except that the first line shall read "Asbestos Waste Storage".

5.5 MANAGEMENT OF REGULATED ASBESTOS-CONTAMINATED SOIL (RACS):

5.5.1 SCOPE AND APPLICABILITY

The requirements of Section 5.5 apply to the owner or operator of any property with regulated asbestos contaminated soil (RACS) at which soil-disturbing activities are occurring or planned. The owner/operator may choose to follow the procedures set forth in Sections 5.5.1 (A) and 5.5.1 (B) below when debris is exposed or disturbed to determine if the debris is RACS. The requirements of Sections 5.5.1(C) and 5.5.1(D) apply when RACS is exposed or disturbed.

(A) Any person who disturbs debris or exposes debris during a soil disturbing activity shall characterize debris to determine the applicability of Section 5.5, and have appropriate personnel to characterize debris. Any person who disturbs debris or exposes debris during a soil disturbing activity shall:

(1) Conduct visual inspection of disturbed material;

(2) If debris is exposed during soil disturbing activities, and/or the soil or ash is known to contain asbestos fibers, through documented evidence, then Section 5.5 is applicable. If there is no visible RACS or documented evidence of RACS at a site, an owner/operator does not have a duty under these regulations to sample or otherwise investigate for RACS prior to commencing soil disturbing activities;

(3) If debris is exposed that only contains green waste, and/or natural stone with no associated material suspected of containing asbestos fibers, then Section 5.5 is not applicable.

(4) In the event of an emergency in which a soil disturbing activity in an area of debris must continue or commence at once, a RACS determination in accordance with Section 5.5.1(B) may be postponed during the initial response to the immediate emergency. However, the RACS determination must be made within 48 hours of the initial emergency response.

(5) Any person who exposes but does not disturb debris during a soil disturbing activity shall have protocols to characterize debris as required by this section 5.5.1(A) and stabilize any debris determined to be RACS as required by Section 5.5.7(K), unless the debris is exempted by subsection 5.5.2(A) through (F).

(B) Any person who disturbs debris during soil disturbing activities, when the subject debris is not excluded within Section 5.5.1(A)(3), must inspect the debris, through continuous visual inspection during soil disturbing activities, to determine if the debris is, or contains, suspect asbestos-containing material (ACM). If debris is exposed that only contains metal, glass, plastic, wood, and/or bare concrete with no associated material suspected of being ACM (such as sealants, adhesives, mastics, coatings, adhered materials, or resins), then Section 5.5 is not applicable. The person(s) conducting the visual inspection must be a Qualified Project Monitor (QPM) or a Certified Asbestos Building Inspector (CABI).

All suspect ACM(s) must be:

(1) Assumed to be ACM; or

(2) Sampled by a CABI. The samples shall be analyzed by a National Voluntary Laboratory Accreditation Program (NVLAP) participating laboratory utilizing Polarized Light Microscopy (PLM) (EPA Method 600/R-93/116 or equivalent) to determine if it is ACM; or

(3) Determined to be ACM, or non-ACM, through the use of documentation specific to the material observed in the field establishing the asbestos content of the material (e.g. laboratory analysis results from previous encounters with the same material).

(4) The ACM determination shall be made within seven (7) calendar days of discovery of the debris.

(a) Within 24 hours of discovery of debris, and until the ACM determination is made, the debris shall be stabilized in accordance with Section 5.5.4(A)(3) of these regulations.

(b) No additional disturbance, other than necessary to perform the required stabilization in Section 5.5.4(A)(3), of the debris shall occur prior to the asbestos determination.

(5) A person who disturbs debris, determined or assumed to be or contain ACM per this 5.5.1(B), shall determine if the ACM is exempted in accordance with Section 5.5.2 of these regulations.

(6) A person who disturbs debris, determined or assumed to be or contain ACM per this 5.5.1(B), shall make a RACS determination by:

(a) Assuming the debris containing ACM is RACS and managing the RACS in accordance with Section 5.5 of these regulations; or

(b) Applying site and material specific knowledge of the presence or absence of RACS based on observation and/or documented evidence about the nature of ACM(s).

(7) The owner/operator shall retain, or make available for inspection, records of all RACS determinations onsite for the duration of the debris disturbance, which shall be retained by the owner/operator for a period of six (6) months after the completion of debris disturbing activities.

(C) Soil or ash known to contain non-visible asbestos, based on documented evidence, is RACS and if exposed or disturbed shall be managed in accordance with these regulations.

(D) If soil, ash, or debris is, or contains, RACS then:

(1) RACS that is exposed or disturbed shall be managed, disposed of, or reused in accordance with these regulations.

(2) Removal of ACM that is on, or comprises, a facility component, that is located on or in soil that will be disturbed, shall be conducted under this Section 5.5, in accordance with work practices in Air Quality Control Commission Regulation No. 8 (5 CCR 1001-10, Part B), Section III.V, and is not subject to the permit requirements of 5 CCR 1001-10, Part B, if the total quantity of ACM is below the following trigger levels:

(a) 260 linear feet on pipes; or

(b) 160 square feet on other surfaces; or

(3) RACS that is generated and not disposed of or reused in compliance with Section 5.5.8 of these regulations is solid waste and shall be managed in accordance with the landfill requirements of the Colorado Solid Wastes Disposal Sites and Facilities Act (C.R.S. 30-20, Part 1) and Sections 5.1 through 5.4 of these regulations.

(4) Except as provided in Section 5.5.1 (D)(5), a person who disturbs or exposes RACS shall make the decision upon the initial discovery of RACS to either manage the RACS in accordance with Section 5.5, or cease soil disturbing activities and permanently stabilize the disturbed or exposed RACS to control the release of asbestos fibers in accordance with one of the following:

(a) Cover RACS with geofabric, or equivalent visible and physical barrier, and restore the site to pre-disturbance conditions using fill suitable for unrestricted use; or

(b) Cover RACS with geofabric, or other visible and physical barrier, followed by eighteen (18) inches of fill suitable for unrestricted use, and vegetation; or

(c) Cover RACS with geofabric, or other visible and physical barrier, followed by six (6) inches of fill suitable for unrestricted use, and concrete or asphalt; or

(d) Cover RACS with geofabric, or other visible and physical barrier, followed by fill suitable for unrestricted use to grade for vertical excavation faces or trenches; or

(e) Alternate cover designs as approved by the Department.

(5) RACS that is driven upon is an RWA and shall be kept adequately wet in order to prevent visible emissions from leaving the RWA, or demonstrate that asbestos is not leaving the RWA above risk based thresholds. All equipment surfaces that have come into contact with RACS shall be decontaminated per Section 5.5.7(1) before leaving the RWA.

5.5.2 EXEMPTIONS

(A) Removal of ACM on a facility component with asbestos quantities above the trigger levels, as defined in 5.5.1 (D)(2), is subject to the permit and abatement requirements of Air Quality Control Commission Regulation No. 8 (5 CCR 1001-10, Part B), and is therefore not subject to this Section 5.5., but shall still comply with Sections 5.1 through 5.4 of these regulations.

(B) Spill response activities that are subject to the requirements of Air Quality Control Commission Regulation No. 8 (5 CCR 1001-10, Part B) are not subject to the requirements of Section 5.5, but shall still comply with Sections 5.1 through 5.4 of these regulations.

(C) Ambient occurrences of asbestos fibers in soil that are demonstrated to be the result of background conditions and not the result of site specific activities are not subject to the requirements of this Section 5.5. This background demonstration shall be submitted to, and approved by, the Department prior to the exemption being exercised.

(D) During active solid waste disposal operations, asbestos waste disposal areas that have a certificate of designation are not subject to Section 5.5, but shall comply with the facility's Engineering Design and Operations Plan.

(E) De minimis projects involving a total RACS disturbance of less than one (1) cubic yard, utilizing low-emission methods, are exempt from this Section 5.5, except for the decontamination procedures in Section 5.5.7(1) and the disposal requirements in Section 5.5.8.

(F) Projects conducted directly by a homeowner on their residence not used for the purpose of generating of income, including residential landscaping projects and other private residential soil-disturbing projects conducted after the primary dwelling is built, such as planting trees, digging holes for fence posts, installing sign posts, gardening, other such projects conducted by homeowners on their residence, as described above, are not subject to this Section 5.5, but shall still comply with Sections 5.1 through 5.4 of these regulations.

(G) Soil disturbing activities involving Non-RACS, where no RACS is present or generated, are not subject to the requirements of Section 5.5, but Non-RACS must be disposed as non-friable asbestos waste in accordance with the disposal requirements set forth in Section 5.2 of these regulations.

(H) Soil disturbing activities involving debris that only contains metal, glass, plastic, wood, and/or bare concrete with no associated material suspected of being ACM (such as sealants, adhesives, mastics, coatings, adhered materials, or resins), as determined by a CABI, QMP, or generator knowledge, are not subject to the requirements of Section 5.5.

(I) Soil disturbing activities involving debris that only contains green waste or natural stone are not subject to the requirements of Section 5.5.

5.5.3 TRAINING

(A) All personnel inside the regulated work area (RWA) during the disturbance of RACS shall have annual awareness training. Except as provided in Section 5.5.3(F), this training requirement also applies to equipment operators and drivers of trucks carrying contaminated material for offsite disposal or reuse. This training shall cover information necessary to comply with Section 5.5 requirements and the approved project specific RACS management plan (PSMRP) or standard operating procedure (SOP) (if any) including:

1) General asbestos awareness; including health effects; and

2) Overview of the requirements of Section 5.5 and its implementation; and

3) Overview of suspect ACM that requires further evaluation by a CABI; and

4) Overview of RACS and Non-RACS; and

5) Worker protection, including respiratory protection. An overview of the levels of personal protective equipment (PPE) required for various activities and conditions; and

6) Decontamination requirements for equipment and personnel including the establishment of decontamination station(s); and

7) Engineering controls in order to prevent visible emissions from leaving the RWA or demonstrate that asbestos is not leaving the RWA above risk-based air thresholds; and

8) Overview of RACS handling procedures.

This training shall be conducted by a CABI who is familiar with the site specific plan and/or the Standard Requirements in Section 5.5.7. Records of this training shall be retained, by the owner/operator, and be available for inspection, for a minimum of one year from the date of the training.

(B) In addition to the annual asbestos awareness training required in 5.5.3(A), all personnel inside the RWA during the disturbance of RACS shall have per-project site-specific awareness training. Except as provided in Section 5.5.3(F), this training requirement also applies to equipment operators and drivers of trucks carrying contaminated material for offsite disposal or reuse. This training shall cover site-specific information necessary to comply with Section 5.5 and the selected management approach for the project (PSRMP, SOPs, or the standard requirements of Section 5.5.7), including:

1) An overview of the items from 5.5.3(A) as they pertain to site specific provisions and/or conditions that will affect work practices; and

2) Project chain-of-command and identification of authorized personnel with stop work authority, and identification of QPM(s); and

3) Hands on training specific to the soil disturbing activities the individual will be performing subject to this Regulation.

This training shall be provided by a CABI who meets the training requirements of 5.5.3(D). Records of this training shall be retained by the owner/operator, and be available for inspection, for the duration of the project for which the training was conducted.

1) Annual asbestos awareness training and site specific awareness training under Section 5.5.3(A) and (B); and

2) Training from a CABI on identifying debris, exempted materials under Section 5.5.1(A)(3), and the assumption of debris to be RACS as outlined in Section 5.5.1; and

3) Training from a CABI on how to implement the standard requirements under Section 5.5.7 and how to perform the duties that a QPM may perform in lieu of a CABI; and

4) Training from a CABI on how to implement the provisions of the chosen RACS management approach (PSRMP, SOPs, or standard requirements of Section 5.5.7) and how to perform the duties that a QPM may perform in lieu of a CABI; and

5) Forty (40) verifiable hours of direct experience implementing Section 5.5.

Records of this training shall be retained by the owner/operator, and be available for inspection for the duration of the project for which the training was conducted.

(D) Visual Inspection and identification of RACS shall be conducted by a CABI, with forty (40) verifiable hours of on the job asbestos in soils experience on a minimum of three (3) different asbestos in soils projects, conducted under either AQCC Regulation No. 8 or Section 5.5. The CABI shall be independent of the general contractor (GC) and/or abatement contractor unless the CABI and the GC or abatement contractor are both direct employees of the property owner. However, the GC or abatement contractor may hire a subcontractor CABI, but the CABI shall not be a direct employee of the GC or abatement contractor.

(E) Air monitoring conducted in accordance with this Section 5.5 shall be performed by an Air Monitoring Specialist (AMS).

(F) Truck drivers who do not complete the training in 5.5.3(A) and (B) are ancillary workers. Soil disturbing activities must cease if the truck driver is present within the RWA unless the driver remains in the cab of the truck, the truck's windows and doors remain closed, and the air handling system remains off while the truck is inside the RWA.

5.5.4 RESPONSE TO UNPLANNED RACS DISCOVERY

Soil disturbing activities that expose RACS without previously approved plans are subject to the following requirements:

(A) IMMEDIATE ACTIONS: Immediate actions shall be taken by the person conducting the soil disturbing activity, or representative of the owner or operator, to manage RACS in accordance with Section 5.5 and Section 1.2 definitions of these Regulations. These actions shall include, at a minimum, the following:

(1) Stopping all soil disturbing activities related to RACS, until the 24-hour notification requirements in Section 5.5.4(B), and the interim action requirements in Section 5.5.4(C), are met. In the event of an emergency in which a soil disturbing activity must continue or commence at once, notification shall be made as soon as possible, but within 24 hours of identifying or assuming the presence of RACS within the soil disturbing area. During the initial response to the immediate emergency, the standard requirements of Section 5.5.7 shall be implemented to the extent possible. Within 48 hours, any disturbed and/or exposed RACS shall be managed in accordance with the standard requirements of Section 5.5.7, an approved PSRMP, or an approved SOP.

(2) Establishing and taking measures in order to prevent access to the RWA by unauthorized persons. Instances of unauthorized access not under the control of the owner/operator shall be evaluated to determine if additional access controls are warranted. The unauthorized access, and the response actions taken, shall be documented and provided to the Department within 48 hours of the incident.

(3) Conducting interim surface soil stabilization to reduce emissions including:

a. Polyethylene sheeting orgeofabricwith daily inspection, and inspection after storm events, and repair/replacement of sheeting as necessary to maintain stabilization; or

b. Chemical stabilizer demonstrated to be effective in the stabilization of RACS (e.g. magnesium chloride) with weekly inspection, and inspection after storm events, and re-application of chemical stabilizer as necessary to maintain stabilization; or

c. Minimum of three (3) inches of soil appropriate for unrestricted use; or

d. Other means of stabilization as approved by the Department.

e. Stabilization is not required if RACS is kept adequately wet. Verification of adequately wet conditions shall be conducted at least every two (2) hours, or RACS shall be stabilized by one of the methods described in (3)(a-d) above.

(B) 24-HOUR NOTIFICATION REQUIREMENTS: The owner/operator, or owner/operator representative shall submit a completed Notification of RACS Disturbance form to the Department's Hazardous Materials and Waste Management Division within 24 hours of identifying RACS during a soil disturbing activity.

(C) INTERIM ACTIONS: In accordance with Section 5.5.5, the owner/operator, or owner/operator representative, shall submit to the Department's Hazardous Materials and Waste Management Division, for review and approval, within five (5) workings days of the discovery, a PSRMP, SOPs, or indicate the standard requirements of Section 5.5.7 will be followed on the Notification of RACS Disturbance form submitted to the Department.

(D) Once the requirements of Sections 5.5.4(A), (B), and (C) are completed, any soil disturbing activities shall proceed in accordance with applicable requirements.

5.5.5 RESPONSE TO PLANNED RACS MANAGEMENT

Planned soil disturbing activities involving RACS shall be conducted in accordance with the standard requirements identified in Section 5.5.7, and with one of the following management strategies and the associated notification requirement:

(A) PROJECT SPECIFIC RACS MANAGEMENT PLAN (PSRMP);

(1) The owner/operator, or owner/operator representative, shall submit a completed Notification of RACS Disturbance form to the Department's Hazardous Materials and Waste Management Division at least ten (10) working days prior to any planned soil disturbing activity. This notification shall include submittal of a PSRMP conforming to the requirements of Section 5.5.5(A)(2). The Department will acknowledge receipt of a notification of the intent to utilize a PSRMP by mail or electronic correspondence. The PSRMP shall be approved by the Department prior to implementation.

(2) If the owner/operator choose(s) management in accordance with this Section 5.5.5(A), a PSRMP shall be developed and submitted to the Department's Hazardous Materials and Waste Management Division for review and approval prior to implementation. The Department will use its best efforts to review and respond to the plan within ten (10) working days of receipt. The PSRMP shall include the following:

(a) Property representative's name and phone number; and

(b) Property location; and

(c) General site description, including a description of RACS and the types of known or assumed ACM(s), and the location(s) of these material on the site; and

(d) Description of planned soil disturbing activities; and

(e) Description of site management, emission control activities, and work practices to control the release of, and/or exposure to, asbestos outside of the RWA including:

(i) Measures to assure that the soil is adequately wet (as that term is defined in Section 1.2 of these regulations), stabilized, or covered during soil disturbing activities; and

(ii) Wnd speed monitoring during RACS disturbance, including frequency of monitoring, and shutdown and start up criteria; and

(iii) An air monitoring plan designed to detect asbestos at the perimeter of the RWA as an indication that the measures to control the release of asbestos outside of the RWA are effective. The plan may include a tiered air monitoring approach providing less frequent air monitoring given demonstrated effectiveness of work practices; and

(iv) Work practices specific to mechanical and/or hand disturbance of RACS including measures in order to prevent the release of visible emissions outside of the RWA, or demonstrate that asbestos is not leaving the RWA above risk-based air thresholds; and

(v) Work practices for the loading and placement of RACS including spill prevention procedures.

(vi) The owner/operator has the option to erect a structure maintained at a negative pressure differential sufficient to contain all dust, with off-gas from the evacuation system treated with HEPA filtration. If this option is chosen, the requirement to submit an air monitoring plan, under Section 5.5.5(A)(2)(e)(iii) is not applicable.

and

(f) Description and location of any planned sampling. All sampling shall be performed in accordance with the procedures set forth in Appendix 5A. All investigation derived waste shall be managed in accordance with Section 5.5.8.

(3) A copy of the PSRMP shall be maintained on the site during RACS disturbing activities.

(4) At the option of the owner/operator and upon notice to the Department, a Soil Characterization and Management Plan approved prior to the effective date of this amended Section 5.5, and that complies with the substantive requirements of the regulation prior to amendment, shall remain in effect until the completion of the subject project or until it is replaced by a PSRMP.

(B) STANDARD OPERATING PROCEDURES (SOPs)

(1) The owner/operator, or owner/operator representative, shall notify the Department's Hazardous Materials and Waste Management Division, by submitting a completed Notification of RACS Disturbance form, prior to implementation of the previously approved SOPs at a RWA. SOPs that conform to Section 5.5.5(B)(2) shall be approved by the Department prior to implementation. The Department will acknowledge receipt of a notification of the intent to utilize an SOP by mail or electronic correspondence.

(2) If the owner/operator chooses management in accordance with this Section 5.5.5(B), the owner/operator shall develop and submit to the Department's Hazardous Materials and Waste Management Division, for review and approval, thirty (30) calendar days in advance of any RACS disturbing activities, SOPs that conform with Section 5.5.5(A)(2)(a)- (f) that will be implemented, upon notice to the Department per Section 5.5.5(B)(1), at future RWA(s). A copy of the SOPs shall be maintained on site during RACS disturbing activities for the duration of the Project.

(3) At the option of the owner/operator and upon notice to the Department, a SOP approved prior to the effective date of this amended Section 5.5, and that complies with the substantive requirements of the regulation prior to amendment, shall remain in effect and may be used to comply with the amended regulation.

The owner/operator, or owner/operator representative, shall submit to the Department's Hazardous Materials and Waste Management Division a completed Notification of RACS Disturbance form indicating the intent to utilize the standard requirements of Section 5.5.7, as a default RACS management plan, prior to any planned soil disturbing activity. This notification shall include property location, general site description, and contact information for the owner/operator responsible for the RWA activities. The Department will acknowledge receipt of a notification of the intent to utilize the standard requirements of Section 5.5.7 by mail or electronic correspondence.

(D) RISK BASED APPROACH

The owner/operator may choose to submit, for Department review and approval, a site-specific risk assessment work plan to evaluate the risks of the proposed work practices associated with planned disturbance activities in an area or areas of RACS.

5.5.6 REMEDIATION OF ASBESTOS IN SOIL

(A) Remediation is not required of properties at which ACM, RACS, or asbestos waste is located. If the owner of a property chooses to remediate (rather than just manage) all or a portion of the property containing ACM, RACS, or asbestos waste a Remediation Plan shall be submitted to the Department's Hazardous Materials and Waste Management Division for review and approval prior to commencement of activities associated with the remediation. The Remediation Plan shall comply with this Section 5.5, and include the following:

(1) The standard requirements in accordance with Section 5.5.7, and the plan requirements outlined in Section 5.5.5(A). Alternatively, a risk based approach pursuant to Section 5.5.5(D) may be proposed, for Department review and approval, for disturbance of RACS; and

(2) A detailed description of planned remediation activities, including proposed depth and areal extent of remediation, and work practices to be implemented; and

(3) The proposed use of the property and area of remediation; and

(4) Any planned engineering or institutional controls in order to prevent exposure to any asbestos left in place, or minimize exposure below a risk-based concentration approved by the Department, within the area covered by the Remediation Plan, and

(5) A schedule for submittal of a Remediation Completion Report that incorporates the information from Section 5.5.7(L) and any additional information necessary to demonstrate that the remediation goals have been achieved.

(B) The Department shall use its best efforts to provide written notification that a Remediation Plan has been approved or disapproved within no more than forty-five (45) calendar days after a request by a property owner, unless the property owner and the Department agree to an extension of the review to a date certain.

(C) If a remedial decision is made by the Department, the area subject to the remedial decision may be subject to C.R.S. Section 25-15-320(2), and an environmental covenant may be required for waste left in place.

5.5.7 STANDARD REQUIREMENTS FOR THE DISTURBANCE OF RACS

The requirements of this section, if followed in their entirety, constitute a default RACS management plan, eliminating the need to submit a PSRMP or SOP.

(A) ESTABLISHMENT AND CONTROL OF A REGULATED WORK AREA (RWA)

(1) Requirements for establishment and control of a RWA applicable to all projects subject to this Regulation:

(a) Establish a RWA which is identifiable to all persons. Haul roads between RWAs, where RACS is not present, are considered to be outside the RWA(s); however, equipment decontamination [Section 5.5.7(1)] and spill response procedures [Section 5.5.7(J)] shall be followed; and

(b) Stop all soil disturbing activities in the RWA if ancillary workers or members of the public are present within the RWA. Truck drivers who do not complete the training under Sections 5.5.3(A) and (B) are ancillary workers. Soil disturbing activities must cease if the truck driver is present within the RWA unless the driver remains in the cab of the truck, the truck's windows remain closed, and the air handling system remains off while the truck is inside the RWA; and

(c) Post labeling and signage to demarcate RWA(s). The RWA shall be demarcated by visible means that fully defines the extent of the RWA. Labeling and signage shall indicate the presence of asbestos, and that the area is off limits to unauthorized personnel.

(2) Additional Requirement for Projects Disturbing RACS Containing Friable ACM.

Establish a secured worksite (e.g., fencing with locks/zip-ties/chains). Personnel, or staff assigned to this duty, may be used to secure the RWA in lieu of fencing. If the RWA is located within a larger secure facility, fencing of the RWA is not necessary as long as the RWA is secured.

(B) PERSONAL PROTECTIVE EQUIPMENT (PPE) FOR THE PURPOSES OF PREVENTING CROSS-CONTAMINATION

(1) Requirements applicable to all RWAs subject to this Regulation:

(a) Use of disposable booties or impermeable footwear that will be decontaminated per Section 5.5.7(1); and

(b) Use of disposable gloves or impermeable gloves that will be decontaminated per Section 5.5.7(1); and

(c) Replace or decontaminate (per Section 5.5.7(1)) all PPE in all instances where the integrity of the PPE is compromised, and when workers exit the RWA; and

(d) Decontaminate (per Section 5.5.7(1)) or dispose of all used PPE as asbestos contaminated waste.

(2) Additional Requirement Applicable to Projects at RWAs Containing Friable ACM.

Use of disposable impermeable suits or equivalent coveralls, remove suits or coveralls upon exiting the RWA, and dispose of used suits or coveralls as asbestos contaminated waste.

(1) Wetting requirements applicable to all RACS disturbance:

(a) Adequately wet all RACS and soils, or other materials containing RACS, on the surface and in the sub-surface prior to and during RACS disturbance, except as provided in Section 5.5.7(F)(1)(b)(ii). Pre-wetting is not necessary if soils are already adequately wet. Apply water or amended water (as required in Section 5.5.7(C)(2)) at low pressure in order to minimize dust generation and splattering to prevent visible emissions from leaving the RWA, or demonstrate that asbestos is not leaving the RWA above risk-based thresholds.

(b) Mist RACS and soils, or other materials, containing RACS during placement as needed to maintain the material in an adequately wet condition using equipment mounted spray bars, or additional hose operator(s).

(c) Except as provided in (d) below, incidental occurrences of visible emissions leaving the RWA shall be managed by evaluating site conditions and engineering controls for each occurrence of visible emissions, and immediately implementing any identified engineering control revisions necessary in order to prevent future occurrences of visible emissions. All instances of visible emissions leaving the RWA shall be documented as required in Section 5.5.7(L) of this regulation.

(d) When utilizing the risk-based air monitoring threshold approach to evaluate the effectiveness of adequately wetting, visible emissions are allowed to leave the RWA as long as the risk-based air threshold is not exceeded.

(2) Additional requirement for RACS that contains friable ACM.Use amended water containing a wetting agent, such as a 50:50 mixture of polyoxyethylene ester and polyoxyethylene ether, or the equivalent, in a 0.16 percent solution (1 ounce to 5 gallons) of water, or as per manufacturer recommendations for the wetting of asbestos. This requirement may be waived by the Department for emergency situations where the work must occur immediately and wetting agents are not available.

(D) WIND SPEED MONITORING

(1) Requirements applicable to all projects involving mechanical disturbance of RACS, and hand disturbance of RACS containing friable ACM:

(a) Take wind measurements from within the RWA using a hand held anemometer. Alternatively, or in conjunction with hand held measurements, an onsite weather station may be used within a quarter mile of the RWA as long as the conditions measured by the weather station are representative of conditions in the RWA.

i. Collect wind speed measurements at a minimum of thirty (30) minute intervals and during wind gust(s). Average wind speed measurements shall be obtained manually by taking ten readings at one minute intervals and averaging the ten readings, or through the use of instrumentation that provides a ten minute average wind speed reading.

ii. If wind break barriers are used, wind speed measurements may be taken from within barriers; however, wind speed measurements shall also be taken outside the wind break barriers if any RACS disturbing activities, such as loading, are taking place outside or above the barriers. Wind speed shut-down criteria shall be based on measurements taken that are representative of the area of active RACS disturbance.

(b) Immediate stoppage of all RACS disturbance shall occur based on results of wind speed monitoring conducted in accordance with subsection (a) and exceedance of the following criteria:

i. Wind gust(s) in excess of 20 mph, or

ii. Sustained winds in excess of 12 mph, averaged over ten (10) minutes, or

iii. Wnds are interfering with the ability of engineering controls to work as intended, or

iv. Wnds are creating visible emissions that leave the RWA.

i. No gust(s) in excess of 20 mph occur for twenty (20) minutes, and

ii. No sustained winds in excess of 12 mph occur for twenty (20) minutes, based on a ten (10) minute average wind speed measurement, and

iii. Wnds are not interfering with the ability of engineering controls to function as intended, and

iv. Wnds are not creating visible emissions that leave the RWA.

(E) AIR MONITORING

(1) If using the risk-based air threshold approach to monitor the effectiveness of adequately wetting:

(a) Air monitoring to determine asbestos content of visible emissions allowed to leave the RWA, for comparison to the risk-based air thresholds shall not be utilized for projects that are less than ten (10) days in duration.

(b) Air monitoring to determine asbestos content of visible emissions allowed to leave the RWA, for comparison to the risk-based air thresholds, shall begin on the first day of the project.

(d) Sample collection, analysis, and data evaluation shall be conducted in accordance with Appendix 5A.

(2) If preventing visible emissions leaving the RWA as an indication of the effectiveness of work practices, not for risk evaluation, air monitoring is required during mechanical disturbance of RACS in RWAs with an adjacent receptor zone:

(a) No air monitoring is required for RACS disturbance that will not exceed a duration of two (2) days. However, the requirements for adequate wetting (Section 5.5.7(C)) and no visible emissions leaving the RWA (Section 5.5.7(F)) shall be adhered to on all RACS disturbance projects. Dividing projects into multiple two (2) day or shorter components shall not be used as a mechanism to avoid air monitoring requirements.

(b) Area monitoring shall consist of a minimum of four (4) samples collected on the perimeter of the RWA at appropriate intervals to provide representative information regarding potential releases of asbestos fibers to the adjacent receptor zone(s). Additional samples shall be collected for large perimeter RWAs (greater than one (1) acre). RWAs greater than one (1) acre shall require additional perimeter monitoring points be added at a rate of one (1) sample for every 200 linear feet (or approximately each additional % acre). If representative information about potential releases to the adjacent receptor zone(s) can be collected using less than the minimum number of samples, the remaining sample locations shall be at the discretion of the AMS.

(c) Phase Contrast Microscopy (PCM) analysis is required on all samples collected (unless all samples will be analyzed by Transmission Electron Microscope (TEM) by default). The laboratory shall be requested to provide verbal results to the AMS or the QPM by the start of the next working day, or as soon as possible after the start of the next working day, with written results within 24 hours of the receipt of verbal results. A consultation with the Department is required If this timeframe cannot be met by the laboratory.

(d) Upon receipt of a laboratory report indicating a "cannot be read (CBR)", or a "not analyzed (NA) or rejected" due to loose debris or uneven loading, analysis result:

i. The AMS shall evaluate the lab report and any field documentation to determine a possible cause for the CBR or "not analyzed (NA) or rejected" result; and

ii. If the CBR or "not analyzed (NA) or rejected" cannot be correlated to a specific field event that compromised the sample (e.g. the sample was blown over, the filter of the sample was sprayed with water) then the sample shall be prepared for indirect TEM presence/absence analysis to determine potential asbestos content in accordance with Appendix 5A; and

iii. If the CBR or "not analyzed (NA) or rejected", analysis result can be correlated to a compromised sample, then preparation for indirect TEM presence/absence analysis is not required as long as adequate air monitoring data is available to evaluate the effectiveness of engineering controls. However, overloading of a sample with particulate matter does not constitute a compromised sample, and will require indirect preparation for TEM presence/absence analysis; and

iv. Field personnel shall evaluate why the sample was compromised and modify field procedures as necessary to avoid future samples from being compromised; and

v. The Department project manager shall be notified by phone or email of instances of CBR or "not analyzed (NA) or rejected" analysis results within 24 hours of receipt of verbal results.

(e) TEM presence/absence analysis is required (analysis providing fiber counts/concentrations is always optional) as described in paragraphs (i) through (iv) below. The laboratory shall be requested to provide verbal results by the start of the next working day, or as soon as possible after the start of the next working day, with written results within 24 hours of the receipt of verbal results.

i. All samples, required by this Section 5.5, with PCM results having fiber concentrations greater than 0.01 f/cc shall be submitted for TEM analysis.

ii. During the first five (5) days of RACS disturbance- A minimum of 25% of the samples collected from each RWA, inclusive of the downwind floating samples as described in 5.5.7(E)(3), shall be submitted for TEM analysis. The sample(s) selected for TEM analysis shall have the highest PCM result(s) based on fiber concentration. If all PCM results are Below Detectable Limit (BDL) for fiber concentration, then the sample(s) selected for TEM analysis shall be determined by highest fiber count. If all samples have no fiber counts (i.e. zero (0) fibers counted, not a "below detection limit" fiber concentration) then no TEM analysis is required.

iii. After five (5) days of RACS disturbance with no asbestos detections by TEM analysis, the frequency of analysis by TEM, on the highest 25% of PCM results(s), may be reduced to once every five (5) days of RACS disturbance, or portions thereof, using the same selection criteria as in paragraphs (i) and (ii) above. The samples submitted for TEM analysis during the period of reduced frequency TEM analysis shall be either the first occurrence of:

1) high winds exceeding wind shut down criteria, or

2) visible emissions. In the absence of high wind events or visible emissions the selected day for TEM analysis may be random, as determined by the AMS.

iv. If there are any asbestos detections during the random once every five (5) days of RACS disturbance analysis by TEM, then TEM analysis shall be conducted for the next three (3) consecutive days of RACS disturbance, or portions thereof, using the same procedures as in paragraph (i) and (ii) above. If there are no additional asbestos detections during the next three (3) consecutive days of RACS disturbance with samples submitted for TEM analysis, then the frequency of TEM analysis may return to random once every five (5) days of RACS disturbance.

v. If site conditions, friability of the materials being managed, or work practices change, then the initial five (5) days of TEM analysis shall restart using the provisions set forth in this Section 5.5.7(E)(1)(e).

(f) Detection or presence responses- For each detection of asbestos by TEM analysis, the following shall be conducted:

i. Notify the Department project manager by phone or email, on the same calendar day as receipt of verbal or written results (whichever comes first) from the laboratory.

ii. Evaluate site conditions and engineering controls for each detection, and immediately implement any identified engineering control revisions necessary with the goal of preventing future detections of asbestos fibers.

iii. Submit an Emission Control Plan (ECP) to the Department project manager for each detection (days with multiple detections can be addressed by a single ECP). The ECP shall be submitted within 48 hours from the asbestos detection event and shall contain:

1. The date of the detection.

2. A written description of sample details (sample ID, number of structures detected, type of asbestos detected, PCM analytical result) and any potential cause of the release. Include a description of site activity (engineering controls being employed, equipment being used, size of excavation/soil disturbing activity, types of materials identified, etc.) and CABI observations at the work area before and during the presumed time of release.

3. A diagram or write up of all air sample positions clearly indicating which sample received the TEM detection. Indicate, through illustration or description, prevailing wind direction and average wind speeds for the detection event; include any wind speed shutdowns for the date of detection. If applicable, indicate downwind floater air sample relocation times and new positions through illustration or description.

4. Laboratory reports confirming the type and amount of fibers detected by TEM analysis.

5. Other pertinent information that will additionally describe the release and/or will assist in the prevention of future releases from the RWA.

6. A written description of actions taken and any other proposed actions with the goal of preventing future releases from the RWA.

7. If the owner/operator believes fibers are coming from offsite and are not under the control of the owner/operator, then, in addition to the information provided in the ECP, documentation shall be provided demonstrating additional sources of asbestos fibers.

(g) If there are three (3) TEM detections on consecutive analysis events or ten (10) detections for a single project, consultation with the Department is required to determine if the standard requirements of Section 5.5.7 are being implemented appropriately and whether:

i. Changes in the standard requirements of Section 5.5.7 are likely to prevent future releases; or

ii. Changes in the standard requirements of Section 5.5.7 are not likely to prevent future releases and a PSRMP is necessary per Section 5.5.5(A)(2); or

iii. If the owner/operator believes fibers are coming from offsite and are not under the control of the owner/operator, then, in addition to the information provided in the ECP, documentation shall be provided demonstrating additional sources of asbestos fibers. Air samples shall be collected and analyzed following the analytical procedures of Appendix 5A for the type of project being conducted; and

iv. Additional consultation with the Department is required to determine whether additional engineering controls for structures within the adjacent receptor zone are appropriate.

(3) Additional requirement for projects disturbing RACS containing friable ACM.

Collect two (2) additional downwind floating samples for mechanical disturbance of RACS containing friable ACM. The samplers shall be moved based on prevailing wind direction and adjacent receptors. For example, if adjacent receptors are present on only one side of the RWA, one sample location should be maintained between the RWA and the adjacent receptor.

(F) WORK PRACTICES TO BE FOLLOWED DURING RACS DISTURBANCE

(1) Work practice requirements applicable to all management of RACS:

(a) Prevent visible emissions from leaving the RWA, or demonstrate that asbestos is not leaving the RWA above risk based thresholds by:

i. Excavating in lifts not to exceed the extent of wetting; or

ii. Conducting continuous wetting while mixing dry materials at the point ofRACS disturbance to ensure all materials are adequately wet prior to removal from the excavation.

iii. Instances of visible emissions leaving the RWA shall be documented and addressed by changing or increasing controls (e.g. more effective wetting, reduced speed of excavation).

(b) RACS on exposed excavation faces that will be disturbed and/or managed during the project shall either be kept adequately wet (in accordance with Section 5.5.7(C)), or be stabilized using any of the following in order to prevent visible emissions from leaving the RWA, or demonstrate that asbestos is not leaving the RWA above risk based thresholds:

i. Polyethylene sheeting or geofabric with daily inspection, and inspection no later than twelve (12) hours following a storm event, and repair/replace sheeting as necessary to maintain stabilization; or

ii. Chemical stabilizer demonstrated to be effective in the stabilization of RACS (e.g. magnesium chloride) with weekly inspection, and inspection no later than one (1) calendar day following a storm event, and re-application of chemical stabilizer as necessary to maintain stabilization; or

iii. Minimum of three (3) inches of soil appropriate for unrestricted use.

Commission's stormwater regulations (5 CCR 1002-61), which include specific stormwater permitting and management requirements for construction sites. The Water Quality Control Division should be contacted to determine the specific requirements for each project. Stormwater shall be managed in a manner that minimizes run on and runoff from RACS. Stormwater that comes into contact with RACS shall be treated as asbestos contaminated water in accordance with Section 5.5.7(J)(4), and other material(s) impacted by asbestos contaminated stormwater shall be managed as RACS in accordance with Section 5.5.7(J)(3).

(2) Work Practice requirements applicable to the management of RACS using hand methods on surfaces or in the subsurface:

a. Wet and remove the RACS and six (6) inches, in all directions, of surrounding soil or other material from the last occurrence of visible ACM; and

b A CABI shall confirm that the visible extent of ACM and surrounding soil, or other material, has been removed (or extent of excavation has been reached). If RACS remains, it shall be managed for stabilization or future removal. If there is no documented evidence of non-visible RACS at the site, then a visual inspection and clearance shall be sufficient to determine the removal of RACS. If there is documented evidence of non-visible RACS at the site, sampling is required to confirm the removal of RACS. After the removal of the additional six (6) inches, and in the absence of any debris, a QPM may make the determination that RACS has been removed; and

c. If RACS remains in the RWA, it shall be managed for stabilization, per Section 5.5.7(K), or future removal.

d. In lieu of stabilization or full removal, sampling may be performed per Section 2.2 of Appendix 5A to demonstrate that the material is not RACS.

e. Dispose of RACS in accordance with Section 5.5.8.

(3) Work practice requirements applicable to management of RACS using mechanical methods:

a. For surface occurrence of RACS- Wet and remove all RACS and a minimum of six (6) inches of soil, and/or other matrix material, in all directions from the last occurrence of visible ACM, with CABI confirmation that the visible extent of RACS has been removed.

b. For subsurface occurrence of RACS- Wet and remove all RACS and a minimum of three (3) linear feet of soil or other matrix material, in the direction(s) of planned excavation, with CABI confirmation that the visible extent of RACS has been removed. If there is no documented evidence of non-visible RACS at the site, then a visual inspection and clearance shall be sufficient to determine the removal of RACS. If there is documented evidence of non-visible RACS at the site, sampling is required to confirm the removal of RACS. After the removal of the additional three (3) linear feet, and in the absence of any debris, a QPM may make the determination that RACS has been removed.

c. If RACS remains in the RWA, it shall be managed for stabilization, per 5.5.7(K), or future removal.

d. In lieu of stabilization or full removal, sampling may be performed per Appendix 5A to demonstrate that the material is not RACS.

e. Package and dispose of RACS in accordance with Section 5.5.8.

(4) Soil or other matrix material that remains after removal of RACS in accordance with Section 5.5.7(F), Section 5.5.7(H)(1)(c)(i), or an approved plan, is not considered RACS, is not subject to Section 5.5, and may be appropriate for unrestricted use, onsite or offsite, as long as it does not contain any other regulated material.

(G) LOADING AND PLACEMENT OF RACS

(1) Requirements for the loading of RACS:

(a) Protect clean surfaces (including loading surface and truck or disposal container surfaces that may come in contact with RACS) by covering or decontamination of surfaces prior to transport or removal of the truck or disposal container from the RWA and/or loading zone.

(b) Spill prevention shall consist of:

i. Minimization of spillage by not overfilling the excavator or loader bucket and returning the bucket to a closed position prior to moving from the loading point; and

ii. Replacement of protective coverings when worn or damaged in order to prevent breaches; and

iii. Control of runoff in order to prevent cross contamination from water containing asbestos; and

iv. Mitigation of spills of RACS in accordance with Section 5.5.7(J).

(c) During the process of loading the container, the equipment operator shall lower the bucket as close as possible to the interior of the container before dumping, and dump the load slowly to allow adequate misting and in order to prevent visible emissions from leaving the RWA, or demonstrate that asbestos is not leaving the RWA above risk based thresholds.

(2) Requirements for the transportation of RACS:

(a) Onsite transportation of RACS between the RWA and an onsite area of staging, stockpiling, storage, disposal or reuse shall comply with the following:

i. The packaging requirements for RACS set forth in Section 5.5.8(A) of these regulations are not applicable; however, the decontamination requirements of Section 5.5.7(1) shall be followed at the end of disposal operations, or before disposal equipment is removed from the site; and

ii. Driving speeds shall not exceed 12 miles per hour or RACS shall be covered during transport; and

iii. For transportation between the RWA and a non-contiguous onsite staging, stockpiling, storage, disposal, or reuse area:

1. Transportation equipment tires shall not contact RACS; or

2. RACS that is driven upon is a RWA and shall be kept adequately wet in order to prevent visible emissions from leaving the RWA, or demonstrate that asbestos is not leaving the RWA above risk based thresholds, and all equipment surfaces that have come into contact with RACS shall be decontaminated per Section 5.5.7(1) before leaving the RWA; or

3. The haul road shall be managed as RACS for stabilization, per Section 5.5.7(F)(1), and future removal of a minimum of three (3) inches of soil, or other matrix material. If the road is constructed of a durable surface such as concrete or asphalt, the surface shall be decontaminated in accordance with Section 5.5.7(l)(1)(b) using wet methods, followed by CABI inspection verifying that all soil and debris has been removed from the surface. Rinsate/runoff shall be collected and filtrated to less than 5 microns (or applicable local requirements) and discharged to a sanitary sewer or other Department-approved disposal facility or re-applied to RACS that will be managed under these regulations.

(H) ONSITE STAGING, STOCKPILING, AND STORAGE OF RACS

(1) Staging, as defined in Section 1.2 of these regulations, is the accumulation and temporary storage of RACS in the RWA for 12 hours or less. The following requirements shall apply to the staging of RACS:

(a) Staged RACS shall be kept adequately wet.

(b) Staging of RACS shall be on 6 mil, or greater, polyethylene sheeting or shall include removal, and management as RACS, of a minimum of three (3) inches of material, from below the staging pile/area prior to demobilization; with visual or measured confirmation of removal. If polyethylene sheeting is placed on top of a durable surface such as concrete or asphalt, the surface must be decontaminated using wet methods, followed by CABI inspection verifying that all soil and debris has been removed from the surface. Rinsate/runoff shall be collected and filtrated to less than 5 microns (or applicable local requirements) and discharged to a sanitary sewer or other Department-approved disposal facility or re-applied to RACS that will be managed under these regulations.

(c) Material determined to be clean during generation shall be inspected during placement for staging. Staging of clean material with incidental discovery of RACS shall be managed as follows:

i. If a CABI was continually inspecting the material during generation, remove the piece of ACM and one (1) foot of material in all directions, with CABI confirmation that the visible extent of RACS has been removed. If more than one (1) piece of ACM, or a pocket of ACM is discovered, remove the pocket of ACM plus one (1) foot of material in all directions, with CABI confirmation that the visible extent of RACS has been removed. Material that remains after removal of RACS, and CABI visible confirmation, is not considered RACS, is not subject to Section 5.5, and may be appropriate for unrestricted reuse, onsite or offsite, as long as it does not contain any other regulated material.

ii. If a CABI was not continually inspecting the material during generation, an intrusive inspection of the pile shall be conducted to determine the extent of RACS contamination, followed by the removal of the visible extent of contamination plus removal of one (1) foot of material in all directions. Alternatively, the entire pile, plus three (3) inches of material below the pile, shall be removed and managed as RACS. If the pile was placed on top of a durable surface such as concrete or asphalt, the surface shall be decontaminated using wet methods, followed by CABI inspection verifying that all soil and debris has been removed from the surface. Rinsate/runoff shall be collected and filtrated to less than 5 microns (or applicable local requirements) and discharged to a sanitary sewer or other Department-approved disposal facility or re-applied to RACS that will be managed under these regulations.

(2) Stockpiling, as defined in Section 1.2 of these regulations, is the accumulation and storage of RACS that will exist for more than twelve (12) hours, up to and including ten (10) calendar days. The following requirements shall apply to stockpiled RACS:

(a) Stockpiled RACS shall be placed on a minimum of 6 mil polyethylene sheeting or shall include removal, and management as RACS, of a minimum of three (3) inches of soil, or other matrix material, from under the entire area of RACS stockpiling after stockpile removal. If the stockpile was placed on top of a durable surface such as concrete or asphalt, the surface must be decontaminated using wet methods, followed by CABI inspection verifying that all soil and debris has been removed from the surface. Rinsate/runoff shall be collected and filtrated to less than 5 microns (or applicable local requirements) and discharged to a sanitary sewer or other Department-approved disposal facility or re-applied to RACS that will be managed under these regulations.

(b) RACS shall be adequately wet during disturbance.

(d) Stockpiled RACS shall be stabilized by:

i. Polyethylene sheeting or geotechnical fabric with daily inspection, and inspection no later than twelve (12) hours following storm events, and repair/replace sheeting as necessary to maintain stabilization; or

ii. Chemical stabilizer demonstrated to be effective in the stabilization of RACS (e.g. magnesium chloride) with weekly inspection, and inspection no later than one (1) calendar day after storm events, and re-application of chemical stabilizer as necessary to maintain stabilization; or

iii. Minimum of three (3) inches of soil appropriate for unrestricted use.

(e) For stockpile areas that are non-contiguous with the RWA, transportation of RACS shall be conducted in accordance with the following:

i. Transportation equipment tires shall not contact RACS; or

ii. The tires shall be decontaminated per Section 5.5.7(1) before leaving the RWA; or

iii. The haul road shall be managed as RACS for stabilization, per Section 5.5.7(H)(2)(d), and future removal of a minimum of three (3) inches of soil, or other matrix material. If the road is constructed of a durable surface such as concrete or asphalt, the surface shall be decontaminated using wet methods, followed by CABI inspection verifying that all soil and debris has been removed from the surface. Rinsate/runoff shall be collected and filtrated to less than 5 microns (or applicable local requirements) and discharged to a sanitary sewer or other Department-approved disposal facility or re-applied to RACS that will be managed under these regulations.

(f) For a stockpile that was previously thought to be free of RACS, but where RACS is subsequently identified, the procedure outlined in Section 5.5.7 (H)(1)(c) shall be followed.

(3) Storage of RACS exceeding ten calendar days shall require the submission of a RACS Storage Plan. Storage of RACS shall not commence priorto approval of the RACS Storage Plan by the Department's Hazardous Materials and Waste Management Division. The RACS Storage Plan shall include:

(a) Approval of storage with signature from the property owner; and

(b) Volume of RACS intended for storage; and

(d) Storm water design including protections for run-on and run-off; and

(e) Cover design or use of an equivalent durable stabilizer; and

(f) Access control and signage; and

(g) Storage timeframe (shall not exceed six (6) months unless an extended storage timeframe is approved by the Department and complies with local governing authority requirements); and

(h) Inspection and maintenance schedule; and

(i) Closure and removal requirements; and

(j) Documentation and reporting; and

(k) Certification of any designed elements by a Colorado registered Professional Engineer.

(4) Temporary sub-surface storage of RACS in areas of future planned RACS removal shall not exceed six (6) months and shall comply with the following:

(a) RACS may only be placed within the Area of Contamination (AOC) that it was originally removed from.

(b) Placement of RACS utilizing standard RACS management requirements in accordance with the standard requirements of Section 5.5.7, an approved PSRMP, or an approved SOP.

(d) RACS not removed within six (6) months (unless an extended storage timeframe is approved by the Department), shall be considered disposal in accordance with Section 5.5.8(A), or reuse within an AOC and will require an environmental covenant in accordance with Section 5.5.8(B)(1).

(5) Offsite staging, stockpiling, and storage of RACS are allowed as long as they comply with the disposition requirements of Section 5.5.8.

(I) DECONTAMINATION

(1) Requirements applicable to all projects subject to Section 5.5:

(a) Personnel Decontamination:

i. Remove booties and/or gloves before exiting RWA and dispose as asbestos contaminated waste; or

ii. If not using disposable PPE, decontaminate boots in a boot wash station, remove gloves after exiting the boot wash station, and dispose of gloves as asbestos contaminated waste. Rinsate from the boot wash station shall be collected, filtrated to less than 5 microns (or applicable local requirements) and discharged to a sanitary sewer or other Department-approved disposal facility, or re-applied to RACS that will be managed under these regulations.

(b) Decontamination of Equipment or Surfaces that have come into Contact with RACS

i. For equipment that comes into contact with RACS:

1. Wet decontamination on a decontamination pad (minimum 10 mil poly or other durable non-permeable barrier) followed by CABI inspection and verification of equipment decontamination before it leaves the decontamination area. All decontamination liquids and solids shall be contained, and run-on and run-off shall be prevented. Rinsate/runoff shall be collected, filtrated to less than 5 microns (or applicable local requirements) and discharged to a sanitary sewer or other Department-approved disposal facility or re-applied to RACS that will be managed under these regulations. For breaches in the decontamination pad where RACS or water contaminated with asbestos may have impacted the material below the decontamination pad, implement the provisions of Section 5.5.7(J);

and/or

2. Decontamination using HEPA vacuums followed by CABI inspection and verification of equipment decontamination before it leaves the decontamination area.

i. Keep all equipment off of RACS; or

ii. Protect clean surfaces from coming in contact with RACS by covering equipment surfaces or RACS surfaces with polyethylene sheeting or equivalent durable impermeable covering. For onsite movement of excavation equipment between RWAs, where only the excavator bucket has come in contact with RACS, the bucket shall be wrapped in polyethylene sheeting (minimum 6 mil) prior to movement. Protective coverings shall be cleaned, repaired, or replaced as necessary. If protective coverings are breached and RACS or asbestos contaminated water comes into contact with underlying material, the provisions of Section 5.5.7(J) shall be followed. Coverings that have come in contact with RACS shall be disposed as asbestos contaminated waste.

(2) Additional Requirements for Projects Disturbing RACS Containing Friable ACM:

(a) Remove disposable impermeable suits or equivalent coveralls before exiting RWA and dispose as asbestos contaminated waste, or

(b) After removal of suits or coveralls, conduct full wet decontamination prior to exiting RWA with collection of rinsate and filtration to less than 5 microns and discharge to a sanitary sewer or other Department-approved disposal facility. Re-application of decontamination shower water is prohibited.

(J) RACS SPILL RESPONSE

(1) Areas where RACS is spilled are RWAs until clean up is completed.

(2) Spilled material shall be cleaned up immediately and not allowed to dry out or accumulate on any surface. The Department's Hazardous Materials and Waste Management Division shall be notified, through the spill reporting hotline, in the event that spills of RACS cannot be cleaned up within 24 hours of spill identification.

(3) Where there are breaches in ground coverings that have the potential to allow RACS or water contaminated with asbestos to impact the material below the covering, a minimum of three (3) inches of soil, or other matrix material, shall be removed from beneath the breached ground coverings. Visual or measured (e.g. survey) confirmation that three (3) inches of soil and/or other matrix material from beneath the breached covering has been removed shall be conducted. If ground coverings are placed on top of a durable surface such as concrete or asphalt, the surface shall be decontaminated using wet methods, followed by CABI inspection that all soil and debris has been removed from the surface.

(4) Rinsate, runoff, or any other water that has come into contact with RACS shall be considered to be asbestos contaminated water and shall be collected and filtrated to less than 5 microns and discharged to a sanitary sewer or other Department-approved disposal facility or re-applied to RACS that will be managed under these regulations.

(5) Surfaces that are contacted by asbestos contaminated water shall be managed as RACS as per Section 5.5.7(J)(3) or permanently stabilized as per Section 5.5.7(K).

(6) If work practices in an RWA are causing an ongoing spill outside the RWA, the work practices shall cease or be modified to prevent additional releases.

(K) REQUIREMENTS FOR EXPOSED RACS REMAINING IN PLACE

(1) Any remaining RACS that has been exposed by the soil disturbing activity, but is not disturbed, such as an excavation side-wall or bottom shall be covered or stabilized using one of the following:

(a) Cover RACS with geofabric, followed by eighteen (18) inches of fill suitable for unrestricted use, and vegetation; or

(b) Cover RACS with geofabric, followed by six (6) inches of fill suitable for unrestricted use, and concrete or asphalt; or

(c) Cover RACS with geofabric, followed by fill suitable for unrestricted use to grade or six (6) inches, whichever is greater, for vertical excavation faces or trenches; or

(d) Alternate cover designs as approved by the Department.

(L) DOCUMENTATION

(1) The documents listed below shall be maintained during a project and available for Department review upon request. However, this documentation need not be submitted to the Department unless requested. CABI and AMS notes may be collected by one individual if they possess both certifications; however, if no AMS is onsite the CABI shall provide items listed in the AMS notes section (e.g. wind monitoring and shutdown events). CABI and AMS notes may be taken by another individual, but shall be reviewed, approved, and signed by the CABI or AMS for whom the notes are being taken. Other appropriate personnel may also provide the following documentation.

(a) CABI/QPM Notes shall include documentation of:

i. Site description including location; and

ii. Descriptions of site activities; and

iii. Descriptions of equipment in use; and

iv. Descriptions of hand removals (including locations); and

v. Descriptions of types of debris identified; and

vi. Descriptions of suspect material identified; and

vii. Friability of ACM identified (as determined by a CABI); and

viii. Sampling, if conducted (all sampling shall be conducted by a CABI); and

ix. Decontamination visual inspection and clearances; and

x. Excavation visual inspection and clearances; and

xi. Spill response activities; and

xii. Observations of visible emissions and responses; and

xiii. Observations of non-earthen material or the appearance of fill; and

xiv. Observations of other indicators of impact to soils.

(b) AMS notes shall include documentation of:

i. Wind speed measurements; and

ii. Prevailing wind direction(s); and

iii. Wind shut down event(s); and

iv. Initial air sample locations; and

v. Air sample relocation notes; and

vi. Observations of visible emissions and responses; and

vii. Notes pertaining to sample malfunctions (pump faults, overloading, etc.); and

viii. Instances of samples being compromised (samples knocked over, sample filters being sprayed with water, samples physically impacted by equipment, etc.); and

ix. Air sample data (flow rates, time of sampling, volumes, calibration method, etc.).

i. Disposal records; and

ii. Analytical reports including chain of custody forms; and

iii. Evaluations of any samples with a "cannot be read" analysis result and the notifications of these events to the Department; and

iv. Location of known remaining RACS; and

v. Creation and removal dates for, and locations of, staged, stockpiled, and/or stored RACS; and

vi. Stockpile and staging pile inspection logs and documentation of weather events requiring inspection; and

vii. Logs of all site personnel with access to the RWA; and

viii. Certification records for all CABIs and AMSs utilized on the project, and

ix. Records for training conducted in accordance Sections 5.5.3(A) and 5.5.3(B); and

x. Records demonstrating the QPM(s) meet the training and experience requirements set forth in Section 5.5.3(C); and

xi. ECP(s) generated during the project.

5.5.8 PACKAGING AND DISPOSITION OF REGULATED ASBESTOS CONTAMINATED SOIL (RACS)

(A) Disposal of RACS

(1) RACS containing one percent (1%) or greater of friable ACM (as determined in the field by a CABI) by volume per load or container, based on visual estimation through continuous visual inspection or other Department-approved quantifiable means of measurement, shall be packaged in a leak tight container and disposed as friable asbestos waste, in accordance with Section 5.3 of these regulations. Alternatively, a friable ACM determination by a CABI is not required if the disposal load is assumed to be RACS containing 1% or greater of friable ACM and is packaged and disposed of in accordance with Section 5.3 of these regulations. Documentation shall accompany each load of RACS removed from the site stating that soil originating from this site shall not be used as daily cover or reused offsite.

(2) For RACS containing:

(a) Less than one percent (1%) of friable ACM (as determined in the field by a CABI) by volume, per load or container, based on visual estimation through continuous visual inspection, or other Department-approved quantifiable means of measurement, shall be packaged in a leak tight container and disposed in a manner similar to non-friable asbestos waste, as described in Section 5.2 of these regulations. Documentation must accompany each load of RACS removed from the site stating that soil originating from this site shall not be used as daily cover or reused offsite.

(b) Except as provided by Section 5.5.8(A)(3), only visible non-friable ACM (as determined in the field by a CABI) that has not been rendered friable, or RACS that contains no visible ACM, shall be packaged in a leak tight container and disposed of as non-friable asbestos waste in accordance with Section 5.2 of this Part 5. Documentation shall accompany each load of RACS removed from the site stating that soil originating from this site shall not be used as daily cover or reused offsite.

(c) A total volume of debris that is less than 1% of the disposal load, based on visual estimation through continuous visual inspection, and the debris is all assumed to be RACS, then a CABI is not required to make a friable ACM determination.

(3) Owners/operators may utilize alternative packaging for RACS, that contains only non-friable ACM and/or asbestos fibers in soil, that ensures that there are no visible emissions during transport to or from the landfill. The alternative packaging must also be acceptable to the disposal facility accepting the waste. A written notice shall be submitted to the Department at least forty-eight (48) hours prior to the alternative packaging being used. If alternative packaging will be used for material that contains any amount of friable asbestos waste, the alternative packaging shall be in accordance with Section 5.3.5 of the Regulation.

(4) A Design and Operations (D&O) plan shall be submitted to, and approved by, the Department for onsite disposal of RACS outside of the AOC, in accordance with the Colorado Solid Wastes Disposal Sites and Facilities Act (C.R.S. 30-20, Part 1) and these regulations. The packaging requirements set forth above in Section 5.5.8(A)(1-2) are not required for onsite disposal, but the requirements of Section 5.5.5(A)(2)(e) are applicable. An environmental covenant, in accordance with 25-15-320, C.R.S., is required for onsite RACS disposal, and a Certificate of Designation shall be required, in accordance with Section 1.6 of these regulations, unless exempt under Section 1.4.

(B) Onsite reuse of RACS:

(1) A plan for reuse of RACS within the footprint of the AOC shall be submitted to the Department for review and approval prior to implementation and shall comply with Section 5.5.5(A)(2)(e), and the following cover requirements:

(a) Cover RACS with geofabric, followed by eighteen (18) inches of fill suitable for unrestricted use, and vegetation; or

(b) Cover RACS with geofabric, followed by six (6) inches of fill suitable for unrestricted use, and concrete or asphalt; or

(c) Cover RACS with geofabric, followed by fill suitable for unrestricted use to grade or six (6) inches, whichever is greater, for vertical excavation faces or trenches; and

(d) The final grades shall promote surface water run-off and minimize erosion, and shall have slopes no less than 5% (20:1) and no greater than 25% (4:1); or

(e) Alternate cover designs as approved by the Department; and

(f) An environmental covenant, in accordance with 25-15-320, C.R.S., may be required for onsite reuse of RACS.

(2) A plan for beneficial reuse of RACS outside the footprint of the AOC, in accordance with Section 8.6, shall be submitted to the Department for review and approval prior to its implementation. The plan shall include provisions for covering RACS and shall comply with the management requirements of Section 5.5.5(A)(2)(e). Additionally, the cover requirements outlined in Section 5.5.7(K) shall be adhered to. An environmental covenant, in accordance with 25-15-320 C.R.S. may be required for beneficial reuse of RACS.

(1) Soil or other matrix material initially determined to be RACS may be demonstrated not to be RACS based on visual inspection, removal of all ACM, and sampling and analysis of the remaining material showing no detectable asbestos. Sampling and analysis shall be conducted in accordance with Appendix 5A. If there is no detectable asbestos, this material is no longer subject to Section 5.5 and may be appropriate for unrestricted use, onsite or offsite, as long as it does not contain any other regulated material.

5.5.9 FEES

The Department shall collect fees, from the owner, operator, or person conducting the soil disturbing activity, based on total documented costs, in accordance with Section 1.7

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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