Current through Register Vol. 35, No. 18, September 24, 2024
A. The
generator of asbestos waste shall prevent public access to asbestos wastes at
the point of generation. Haulers of asbestos waste shall prevent public access
to asbestos waste during transportation.
B. Generators of asbestos waste shall
determine whether the asbestos waste is regulated asbestos waste. If it is not
regulated asbestos waste, and it is to be disposed as non-regulated asbestos
waste, the generator shall assure that the asbestos waste is handled in a
manner to prevent the asbestos waste from becoming regulated asbestos waste.
The handling of non-regulated asbestos waste shall include measures to assure
that any category I non-friable asbestos containing material is not subjected
to sanding, grinding, cutting or abrading and that any category II non-friable
asbestos containing material is not subjected to forces expected to break,
crumble, pulverize or reduce the material to powder during the course of
excavation, renovation, demolition, or storage, and that it is disposed at a
permitted landfill. If the waste is regulated asbestos waste it shall be
disposed at a landfill permitted to accept regulated asbestos waste and shall
be handled accordingly.
C. If
non-regulated asbestos waste is to be disposed as non-regulated asbestos waste,
the hauler of non-regulated asbestos waste shall handle the waste in a manner
to prevent the asbestos waste from becoming regulated asbestos waste. The
handling of non-regulated asbestos waste by a hauler shall include measures to
assure that any category I non-friable asbestos containing material is not
subjected to abrading and that any category II non-friable asbestos containing
material is not subjected to forces expected to break, crumble, pulverize or
reduce the material to powder during the course of storage, transportation, or
while exposed during disposal operations. The hauler shall notify the landfill
operator that the load contains non-regulated asbestos waste that must be
disposed of in a manner to prevent breakage and release of fibers while exposed
during disposal operations.
D. A
landfill that accepts non-regulated asbestos waste shall assure that the
asbestos containing material is not broken, abraded, crumbled, pulverized or
reduced to powder while exposed during disposal operations. The non-regulated
asbestos waste shall be covered with at least six inches of non-waste
containing material prior to compaction.
E. The generator of regulated asbestos waste
shall properly wet and containerize the waste. No hauler shall accept or
transport regulated asbestos waste unless the waste has been properly wetted
and containerized.
(1) Regulated asbestos
waste is properly wetted when its moisture content prevents fiber
release.
(2) Regulated asbestos
waste is properly containerized when it is placed in a plastic bag of 6-mil or
thicker, sealed in such a way to be leak-proof, and the amount of void space or
air in the bag is minimized. Asbestos waste slurries shall be packaged in
leak-proof drums if they are too heavy for the plastic bag containers.
Regulated asbestos waste may also be containerized by double bagging, using
plastic-lined cardboard containers, plastic-lined metal containers, or the use
of vacuum trucks for the transport of slurry.
(a) Pipes or other facility components that
are removed as sections without first removing the asbestos shall be wrapped in
a minimum of 6-mil plastic sufficient to prevent asbestos fibers from
escaping.
(b) The hauler shall
ensure that regulated asbestos waste is properly contained in a manner to
prevent asbestos fibers from escaping and with appropriate labels, and that the
outsides of the containers are not contaminated with asbestos debris adhering
to the containers. The transporter shall not accept nor transport regulated
asbestos waste if there is a reason to believe that the condition of the
asbestos waste may allow fiber release.
(3) The hauler shall ensure that the
regulated asbestos waste containers are loaded into the transport vehicle in a
manner which prevents the breaking of the containers. The hauler shall ensure
that the asbestos waste containers are transferred at the disposal site in such
a manner to prevent fiber release.
(a) If the
hauler discovers that the regulated asbestos waste is not properly
containerized in conformance with Paragraph (2) of this subsection, the hauler
shall immediately clean up the contaminated area and repair or reseal the
container by appropriate methods. The department shall be notified of any
release within 24 hours. The transporter shall ensure that all containers in
his possession are of adequate design and condition to prevent the release of
fibers during transport.
(b)
Vehicles used for transport of containerized regulated asbestos waste shall
have an enclosed carrying compartment or utilize a canvas or plastic lined
covering sufficient to contain the transported waste, prevent damage to
containers, and prevent fiber release. All surfaces of vehicles and other
asbestos handling equipment and facilities shall be maintained free from the
accumulation of dusts and waste containing asbestos and shall have a smooth,
non-absorbent finish. No vehicle which uses compactors to reduce waste volume
may be used to transport asbestos waste. Vacuum trucks used to transport waste
slurry shall be inspected to ensure that liquid is not leaking from the
truck.
(c) The hauler of the
regulated asbestos waste shall notify the landfill operator that the load
contains regulated asbestos waste.
F. All regulated asbestos containers, to
include individually wrapped facility components or pipes, shall have a warning
label specified by the U.S. EPA or the occupational safety and health
administration (OSHA). Labels shall be printed in both English and
Spanish.
G. The operator of a
landfill permitted to accept regulated asbestos waste shall:
(1) inspect the loads at the time of disposal
at the landfill to verify that the regulated asbestos waste is properly
contained and labeled;
(2) if the
wastes are not properly containerized and the landfill operator accepts the
load, thoroughly soak the asbestos with a water spray prior to unloading, rinse
out the truck, and immediately cover the wastes with non-waste containing
material to prevent fiber release, prior to compacting the waste in the
landfill;
(3) prepare a separate
excavation to receive only regulated asbestos wastes; the excavation shall be
as narrow as possible while complying with all occupational safety and health
administration (OSHA) regulations and standards;
(4) align the excavation perpendicular to the
prevailing winds;
(5) off-load
asbestos containers within the excavation with sufficient care to avoid
breaking the containers;
(6)
completely cover the containerized waste within 18 hours with a minimum of six
inches of non-waste containing material;
(7) completely cover improperly containerized
regulated asbestos waste with six inches of non-waste containing material
immediately; and
(8) not compact
the regulated asbestos waste until it is completely covered with six inches of
non-waste containing material.
H. If, at any time during the generation or
transportation of non-regulated asbestos waste the waste material is subjected
to handling that renders it to be regulated asbestos waste, the generator or
hauler shall immediately begin handling the regulated asbestos waste according
the requirements of this part, and shall dispose of the regulated asbestos
waste in a landfill or monofill permitted to accept such waste.
I. When closing a cell containing regulated
asbestos waste, the landfill operator shall:
(1) cover with an additional 30 inches of
compacted non-waste containing material to provide a 36-inch final cover to the
original grade; and
(2) implement
measures as necessary to control erosion and rodent intrusion.
J. The operator of a landfill that
accepts regulated asbestos shall provide barriers adequate to control public
access. At a minimum, the owner or operator shall:
(1) limit access to the regulated asbestos
management site to no more than two entrances by gates that can be locked when
left unattended and by fencing adequate to deter access by the general public:
and
(2) place warning signs at the
entrance and at intervals no greater than 100 feet along the perimeter of the
sections where regulated asbestos waste is deposited. The sign shall read as
follows in English and other languages as approved by the department:
ASBESTOS WASTE DISPOSAL SITE
DO NOT CREATE DUST
BREATHING ASBESTOS IS HAZARDOUS
TO YOUR HEALTH
the signs shall be posted in such a manner and location that
a person can easily read the legend and conform to the requirements of 20
inches by 14 inches upright format signs specified in
29 CFR
1910.145(d)(4) (or
equivalent regulation adopted by the board under the Occupational Health and
Safety Act); spacing between any two lines shall be at least equal to the
height of the upper of the two lines; and
(3) have at least one employee who has
received at least 32 hours of course work in a U.S. EPA certified training
course which deals with the identification, hazards and management of asbestos
wastes. An employee with this training shall be present at all times when
asbestos wastes are being disposed.
