Current through all regulations passed and filed through December 16, 2024
(A) Each owner or operator of an operation
that converts regulated asbestos-containing material and asbestos-containing
waste material into nonasbestos (asbestos-free) material shall obtain from the
director either of the following as applicable:
(1) A permit-to-install and operate pursuant
to Chapter 3745-31 of the Administrative Code.
(2) A permit-to-install pursuant to Chapter
3745-31 of the Administrative Code and a permit-to-operate pursuant to Chapter
3745-77 of the Administrative Code.
(B) To obtain a permit-to-install or a
permit-to-install and operate, the owner or operator shall submit a completed
application in accordance with Chapter 3745-31 of the Administrative Code, and
provide the director with the following information:
(1) Description of waste feed handling and
temporary storage.
(2) Description
of process operating conditions.
(3) Description of the handling and temporary
storage of the end product.
(4)
Description of the protocol to be followed when analyzing output materials by
transmission electron microscopy.
(5) Performance test protocol, including
provisions for obtaining information required under paragraph (A)(2) of this
rule.
(6) The director may require
that a demonstration of the process be performed prior to issuing the permit to
install.
(C) Prior to
being issued a a permit-to-install and operate pursuant to Chapter 3745-31 of
the Administrative Code or a permit-to-operate pursuant to Chapter 3745-77 of
the Administrative Code, the owner or operator shall conduct a start-up
performance test. Test results shall include the following:
(1) A detailed description of the types and
quantities of non-asbestos material, regulated asbestos-containing material,
and asbestos-containing waste material processed, including but not limited to
asbestos cement products, friable asbestos insulation, plaster, wood, plastic,
wire, etc. Test feed is to include the full range of materials that will be
encountered in actual operation of the process.
(2) Results of analyses, using polarized
light microscopy, that document the asbestos content of the wastes
processed.
(3) Results of analyses,
using transmission electron microscopy, that document that the output materials
are free of asbestos. Samples for analysis are to be collected as eight-hour
composite samples (one, two hundred gram (seven ounce) sample per hour),
beginning with the initial introduction of regulated asbestos- containing
material or asbestos-containing waste material and continuing until the end of
the performance test.
(4) A
description of operating parameters, such as temperature and residence time,
defining the full range over which the process is expected to operate to
produce non-asbestos (asbestos-free) materials. Specify the limits for each
operating parameter within which the process will produce nonasbestos
(asbestos-free) materials.
(5) The
length of the test.
(D)
During the initial ninety days of operation, each owner or operator of an
operation that converts regulated asbestos-containing material and
asbestos-containing waste material into non-asbestos (asbestos-free) material,
shall do the following:
(1) Continuously
monitor and log the operating parameters identified during start- up
performance tests that are intended to ensure the production of nonasbestos
(asbestos-free) output material.
(2) Monitor input materials to ensure that
the materials are consistent with the test feed materials described during
start-up performance tests in paragraph (C)(1) of this rule.
(3) Collect and analyze samples, taken as
ten-day composite samples (one, two hundred gram (seven ounce) sample collected
every eight hours of operation) of all output material for the presence of
asbestos. Composite samples may be for fewer than ten days. Transmission
electron microscopy (TEM) shall be used to analyze the output material for the
presence of asbestos. During the initial ninety-day period, all output
materials shall be stored on-site until analysis shows the
material to be asbestos-free or disposed of as asbestos-containing waste
material in accordance with rule
3745-20-05 of the Administrative
Code.
(E) After the
initial ninety days of operation each owner or operator of an operation that
converts regulated asbestos-containing material and asbestos-containing waste
material into non-asbestos (asbestos-free) material shall:
(1) Continuously monitor and record the
operating parameters identified during start- up performance testing and any
subsequent performance testing.
(2)
Continuously monitor any output produced during a period of deviation from the
range of operating conditions established to ensure the production of non-
asbestos (asbestos-free) material.
(3) Handle output materials in one of the
following manners:
(a) Dispose of as
asbestos-containing waste material according to rule
3745-20-05 of the Administrative
Code.
(b) Recycle as waste feed
during process operation within the established range of operating
conditions.
(c) Store temporarily
on-site in a leak-tight container until analyzed for asbestos content.
Any product material that is not asbestos-free shall be either
disposed of as asbestos-containing waste material or recycled as waste feed to
the process.
(4)
Collect and analyze monthly composite samples (one two hundred gram (seven
ounce) sample collected every eight hours of operation) of the output material.
Transmission electron microscopy shall be used to analyze the output material
for the presence of asbestos.
(F) Each owner or operator of an
operation that converts regulated asbestos-containing material and
asbestos-containing waste material into non-asbestos (asbestos-free) material
shall not cause or permit any visible emissions to the outside air from any
part of the operation, or use the methods specified by rule
3745-20-12 of the Administrative
Code to clean emissions containing particulate asbestos material before the
emissions escape to, or are vented to, the outside air.
(G) Each owner or operator of an operation
that converts regulated asbestos-containing material and asbestos-containing
waste material into non-asbestos (asbestos-free) material shall maintain
records on-site and include the following information:
(1) Results of start-up performance testing
and all subsequent performance testing, including operating parameters, feed
characteristic, and analyses of output materials.
(2) Results of the composite analyses
required during the initial ninety days of operation under paragraph (B) of
this rule.
(3) Results of the
monthly composite analyses required under paragraph (C) of this rule.
(4) Results of continuous monitoring and logs
of process operating parameters required under paragraphs (B) and (C) of this
rule.
(5) The information on waste
shipments received as required in paragraph (B) of rule
3745-20-06 of the Administrative
Code.
(6) For output materials
where no analyses were performed to determine the presence of asbestos, record
the name and location of the purchaser or disposal site to which the output
materials were sold or deposited, and the date of sale or disposal.
(7) Retain records required by this rule for
at least two years.
(H)
Each owner or operator of an operation that converts regulated
asbestos-containing material and asbestos-containing waste material into
non-asbestos (asbestos-free) material shall submit the following reports to the
director:
(1) A report for each analysis of
product composite samples performed during the initial ninety days of
operation.
(2) A quarterly report,
including the following information concerning activities during each
consecutive three-month period:
(a) Results of
analyses of monthly product composite samples.
(b) A description of any deviation from the
operating parameters established during performance testing, the duration of
the deviation, and steps taken to correct the deviation.
(c) Disposition of any product produced
during a period of deviation, including whether the product was recycled,
disposed of as asbestos-containing waste material, or stored temporarily
on-site until analyzed for asbestos content.
(d) The information on waste disposal
activities as required in paragraph (B) (2) of rule
3745-20-06 of the Administrative
Code.
(I)
Output material, found to be asbestos free according to paragraph (E)(3) of
this rule, is not subject to any of the provisions of this chapter. Output
materials in which asbestos is detected, or output materials produced when the
operating parameters deviated from those established during the start-up
performance testing, unless shown by transmission electron microscopy analysis
to be asbestos-free, shall be considered to be asbestos-containing waste and
be handled and disposed of according
to rules
3745-20-05 and
3745-20-06 of the Administrative
Code or reprocessed while all of the established operating parameters are being
met.
