Current through December 21, 2024
(a) Applicability.
The provisions of this section are applicable to those sources specified in
paragraphs (g) through (n), (q), and (r).
(b) Definitions. All terms that are used in
this section and are not defined below are given the same meaning as in Chapter
1, Section
3 of these regulations.
"Active waste disposal site"
means any disposal site other than an inactive site.
"Adequately wet" means
sufficiently mix or penetrate with liquid to prevent the release of
particulates. If visible emissions are observed coming from asbestos-containing
material, then that material has not been adequately wetted. However, the
absence of visible emissions is not sufficient evidence of being adequately
wet.
"Asbestos" means the
asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite),
cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.
"Asbestos-containing waste
materials" means mill tailings or any waste that contains
commercial asbestos and is generated by a source subject to the provisions of
this section. This term includes filters from control devices, friable asbestos
waste material, and bags or other similar packaging contaminated with
commercial asbestos. As applied to demolition and renovation operations, this
term also includes regulated asbestos-containing material waste and materials
contaminated with asbestos including disposable equipment and clothing.
"Asbestos tailings" means any
solid waste that contains asbestos and is a product of asbestos mining or
milling operations.
"Asbestos waste from control
devices" means any waste material that contains asbestos and is
collected by a pollution control device.
"Category I nonfriable asbestos-containing
material (ACM)" means asbestos-containing packings, gaskets,
resilient floor covering, and asphalt roofing products containing more than 1
percent asbestos as determined using the method specified in 40 CFR Part 763
Appendix E, Section
1, Polarized Light Microscopy.
"Category II nonfriable ACM"
means any material, excluding Category I nonfriable ACM, containing more than 1
percent asbestos as determined using the methods specified in 40 CFR Part 763
Appendix E, Section
1, Polarized Light Microscopy, that, when
dry, cannot be crumbled, pulverized, or reduced to powder by hand
pressure.
"Commercial asbestos" means any
material containing asbestos that is extracted from ore and has value because
of its asbestos content.
"Cutting" means to penetrate
with a sharp-edged instrument and includes sawing, but does not include
shearing, slicing, or punching.
"Demolition" means the wrecking
or taking out of any load-supporting structural member of a facility together
with any related handling operations or the intentional burning of any
facility.
"Emergency renovation
operation" means a renovation operation that was not planned
but results from a sudden, unexpected event that, if not immediately attended
to, presents a safety or public health hazard, is necessary to protect
equipment from damage, or is necessary to avoid imposing an unreasonable
financial burden. This term includes operations necessitated by nonroutine
failures of equipment.
"Fabricating" means any
processing (e.g., cutting, sawing, drilling) of a manufactured product that
contains commercial asbestos, with the exception of processing at temporary
sites (field fabricating) for the construction or restoration of facilities. In
the case of friction products, fabricating includes bonding, debonding,
grinding, sawing, drilling, or other similar operations performed as part of
fabricating.
"Facility" means any
institutional, commercial, public, industrial, or residential structure,
installation, or building (including any structure, installation, or building
containing condominiums or individual dwelling units operated as a residential
cooperative, but excluding residential buildings having four or fewer dwelling
units); any ship; and any active or inactive waste disposal site. For the
purposes of this definition, any building, structure, or installation that
contains a loft used as a dwelling is not considered a residential structure,
installation, or building. Any structure, installation or building that was
previously subject to this section is not excluded, regardless of its current
use or function.
"Facility component" means any
part of a facility including equipment.
"Friable asbestos material"
means any material containing more than 1 percent asbestos as determined using
the method specified in 40 CFR Part 763 Appendix E, Section
1, Polarized Light Microscopy, that, when
dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the
asbestos content is less than 10 percent as determined by a method other than
point counting by polarized light microscopy (PLM), verify the asbestos content
by point counting using PLM.
"Fugitive source" means any
source of emissions not controlled by an air pollution control device.
"Glove bag" means a sealed
compartment with attached inner gloves used for the handling of
asbestos-containing materials. Properly installed and used, glove bags provide
a small work area enclosure typically used for small-scale asbestos stripping
operations. Information on glove-bag installation, equipment and supplies, and
work practices is contained in the Occupational Safety and Health
Administration's (OSHA's) final rule on occupational exposure to asbestos
(29 CFR §
1926.1101(g)(5)(ii)).
"Grinding" means to reduce to
powder or small fragments and includes mechanical chipping or drilling.
"In poor condition" means the
binding of the material is losing its integrity as indicated by peeling,
cracking, or crumbling of the material.
"Inactive waste disposal site"
means any disposal site or portion of it where additional asbestos-containing
waste material has not been deposited within the past year.
"Installation" means any
building or structure or any group of buildings or structures at a single
demolition or renovation site that are under the control of the same owner or
operator (or owner or operator under common control).
"Leak-tight" means that solids
or liquids cannot escape or spill out. It also means dust-tight.
"Malfunction" means any sudden
and unavoidable failure of air pollution control equipment or process equipment
or of a process to operate in a normal or usual manner so that emissions of
asbestos are increased. Failures of equipment shall not be considered
malfunctions if they are caused in any way by poor maintenance, careless
operation, or any other preventable upset conditions, equipment breakdown, or
process failure.
"Manufacturing" means the
combining of commercial asbestos--or, in the case of woven friction products,
the combining of textiles containing commercial asbestos--with any other
material(s), including commercial asbestos, and the processing of this
combination into a product. Chlorine production is considered a part of
manufacturing.
"Natural barrier" means a
natural object that effectively precludes or deters access. Natural barriers
include physical obstacles such as cliffs, lakes or other large bodies of
water, deep and wide ravines, and mountains. Remoteness by itself is not a
natural barrier.
"Nonfriable asbestos-containing
material" means any material containing more than 1 percent
asbestos as determined using the method specified in 40 CFR Part 763 Appendix
E, Section
1, Polarized Light Microscopy, that, when
dry, cannot be crumbled, pulverized, or reduced to powder by hand
pressure.
"Nonscheduled renovation
operation" means a renovation operation necessitated by the
routine failure of equipment, which is expected to occur within a given period
based on past operating experience, but for which an exact date cannot be
predicted.
"Outside air" means the air
outside buildings and structures, including, but not limited to, the air under
a bridge or in an open air ferry dock.
"Owner or operator of a demolition or
renovation activity" means any person who owns, leases,
operates, controls, or supervises the facility being demolished or renovated or
any person who owns, leases, operates, controls, or supervises the demolition
or renovation operation, or both.
"Particulate asbestos material"
means finely divided particles of asbestos or material containing
asbestos.
"Planned renovation operations"
means a renovation operation, or a number of such operations, in which some
regulated asbestos-containing material (RACM) will be removed or stripped
within a given period of time and that can be predicted. Individual
nonscheduled operations are included if a number of such operations can be
predicted to occur during a given period of time based on operating
experience.
"Regulated asbestos-containing material
(RACM)" means:
(a)
Friable asbestos material,
(b)
Category I nonfriable ACM that has become friable,
(c) Category I nonfriable ACM that will be or
has been subjected to sanding, grinding, cutting, or abrading, or
(d) Category II nonfriable ACM that has a
high probability of becoming or has become crumbled, pulverized, or reduced to
powder by the forces expected to act on the material in the course of
demolition or renovation operations regulated by this chapter.
"Remove" means to take out RACM
or facility components that contain or are covered with RACM from any
facility.
"Renovation" means altering a
facility or one or more facility components in any way, including the stripping
or removal of RACM from a facility component. Operations in which
load-supporting structural members are wrecked or taken out are
demolitions.
"Resilient floor covering"
means asbestos-containing floor tile, including asphalt and vinyl floor tile,
and sheet vinyl floor covering containing more than 1 percent asbestos as
determined using polarized light microscopy according to the method specified
in 40 CFR Part 763 Appendix E, Section
1, Polarized Light Microscopy.
"Strip" means to take off RACM
from any part of a facility or facility components.
"Structural member" means any
load supporting member of a facility, such as beams and load supporting walls;
or any nonload-supporting member, such as ceilings and nonload-supporting
walls.
"Visible emissions" means any
emissions, which are visually detectable without the aid of instruments, coming
from RACM or asbestos-containing waste material, or from any asbestos milling,
manufacturing, or fabricating operation. This does not include condensed,
uncombined water vapor.
"Waste generator" means any
owner or operator of a source covered by this section whose act or process
produces asbestos-containing waste material.
"Waste shipment record" means
the shipping document, required to be originated and signed by the waste
generator, used to track and substantiate the disposal of asbestos-containing
waste material.
"Working day" means Monday
through Friday and includes holidays that fall on any of the days Monday
through Friday.
(c) Units
and Abbreviations: Used in this section are abbreviations and symbols of units
of measure. These are defined as follows:
(i)
System International (SI) Units of Measure:
g = gram
kg = kilogram
m = meter
m2 = square meter
m3 = cubic meter
(ii) Other Units of Measure:
C = Celsius (centigrade)
F = Fahrenheit
ft2 = square feet
ft3 = cubic feet
yd2 = square yards
min = minute
oz = ounces
(d) Address: All requests, reports,
applications, submittals, and other communications to the Administrator
pursuant to this section shall be submitted to the following address:
(i) Wyoming Department of Environmental
Quality, Air Quality Division, 200 West 17th St.,
Cheyenne, Wyoming 82002.
(f) Circumvention: No owner or operator shall
build, erect, install, or use any article, machine, equipment, process, or
method, the use of which conceals an emission which would otherwise constitute
a violation of an applicable standard. Such concealment includes, but is not
limited to, the use of gaseous dilutants to achieve compliance with a visible
emissions standard, and the piecemeal carrying out of an operation to avoid
coverage by a standard that applies only to operations larger than a specified
size.
(g) Standard for Waste
Disposal for Non-Facility Owners and Operators.
(i) All owners and operators conducting an
asbestos abatement project, including an abatement project on a residential
building, shall be responsible for complying with Federal requirements and
State standards for packaging, transportation, and delivery to an approved
waste disposal facility as provided in paragraph (m) of this section. A
non-facility is any other facility not defined under the definition of
"facility" including residential buildings having four or fewer dwelling units.
(h) Standard for
Manufacturing.
(i) Applicability. This
paragraph applies to the following manufacturing operations using commercial
asbestos.
(A) The manufacture of cloth, cord,
wicks, tubing, tape, twine, rope, thread, yarn, roving, lap, or other textile
materials.
(B) The manufacture of
cement products.
(C) The
manufacture of fireproofing and insulating materials.
(D) The manufacture of friction
products.
(E) The manufacture of
paper, millboard, and felt.
(F) The
manufacture of floor tile.
(G) The
manufacture of paints, coatings, caulks, adhesives, and sealants.
(H) The manufacture of plastics and rubber
materials.
(I) The manufacture of
chlorine utilizing asbestos diaphragm technology.
(J) The manufacture of shotgun shell
wads.
(K) The manufacture of
asphalt concrete.
(ii)
Standard. Each owner or operator of any of the manufacturing operations to
which this paragraph applies shall either:
(A) Discharge no visible emissions to the
outside air from these operations or from any building or structure in which
they are conducted or from any fugitive sources; or
(B) Use the methods specified by paragraph
(o) of this section to clean emissions containing asbestos material from these
operations before they escape to, or are vented to, the outside air.
(C) Monitor each potential source of asbestos
emissions from any part of the manufacturing facility, including air cleaning
devices, process equipment, and buildings housing material processing and
handling equipment, at least once each day during daylight hours for visible
emissions to the outside air during periods of operation. The monitoring shall
be by the visual observation of at least 15 seconds duration per source of
emissions.
(D) Inspect each air
cleaning device at least once each week for proper operation and for changes
that signal potential for malfunctions, including, to the maximum extent
possible without dismantling other than opening the device, the presence of
tears, holes, and abrasions in filter bags and for dust deposits on the clean
side of bags. For air cleaning devices that cannot be inspected on a weekly
basis according to this paragraph, submit to the Administrator, and revise as
necessary, a written maintenance plan to include, at a minimum, the following:
(I) Maintenance schedule.
(II) Recordkeeping plan.
(E) Maintain records of the results of
visible emission monitoring and air cleaning device inspections using a format
similar to that shown in Figures 1 and 2 and include the following:
(I) Date and time of each
inspection.
(II) Presence or
absence of visible emissions.
(III)
Condition of fabric filters, including presence of any tears, holes and
abrasions.
Figure 1. Record of Visible Emission Monitoring
Click here to
view image
Figure 2. Air Pollution Control Device Inspection
Checklist
Click here to
view image
(IV)
Presence of dust deposits on clean side of fabric filters.
(V) Brief description of corrective actions
taken, including date and time.
(VI) Daily hours of operation for each air
cleaning device.
(F)
Furnish upon request, and make available at the affected facility during normal
business hours for inspection by the Administrator, all records required under
this paragraph.
(G) Retain a copy
of all monitoring and inspection records for at least 2 years.
(H) Submit quarterly a copy of the visible
emission monitoring records to the Administrator if visible emissions occurred
during the report period. Quarterly reports shall be postmarked by the
30th day following the end of the calendar quarter.
(i) Standard
for Demolition and Renovation.
(i)
Applicability. To determine which requirements of paragraphs (i)(i), (i)(ii),
and (i)(iii) apply to the owner or operator of a demolition or renovation
activity and prior to the commencement of the demolition or renovation,
thoroughly inspect the affected facility or part of the facility where the
demolition or renovation operation will occur for the presence of asbestos,
including Category I and Category II nonfriable ACM. The requirements of
paragraphs (i)(ii) and (i)(iii) apply to each owner or operator of a demolition
or renovation activity, including the removal of RACM as follows:
(A) In a facility being demolished, all the
requirements of paragraphs (i)(ii) and (i)(iii) apply, except as provided in
paragraph (i)(i)(C), if the combined amount of RACM is:
(I) At least 80 linear meters (260 linear
feet) on pipes or at least 15 square meters (160 square feet) on other facility
components, or
(II) At least 1
cubic meter (35 cubic feet) off facility components where the length or area
could not be measured previously.
(B) In a facility being demolished, only the
notification requirements of paragraphs (i)(ii)(A), (B), (C)(I) and (IV), and
(D)(I) through (D)(IX) and (XVI) apply, if the combined amount of RACM is:
(I) Less than 80 linear meters (260 linear
feet) on pipes and less than 15 square meters (160 square feet) on other
facility components, and
(II) Less
than one cubic meter (35 cubic feet) off facility components where the length
or area could not be measured previously or there is no asbestos.
(C) If the facility is being
demolished under an order of a State or local government agency, issued because
the facility is structurally unsound and in danger of imminent collapse, only
the requirements of paragraphs (i)(ii)(A), (i)(ii)(B), (i)(ii)(C)(III),
(i)(ii)(D) (except (i)(ii)(D)(VIII)), (i)(ii)(E), and (i)(iii)(D) through
(i)(iii)(I) apply.
(D) In a
facility being renovated, including any individual nonscheduled renovation
operation, all the requirements of paragraphs (i)(ii) and (i)(iii) apply if the
combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or
similarly disturbed is:
(I) At least 80 linear
meters (260 linear feet) on pipe or at least 15 square meters (160 square feet)
on other facility components, or
(II) At least 1 cubic meter (35 cubic feet)
off facility components where the length or area could not be measured
previously.
(III) To determine
whether paragraph (i)(i)(D) applies to planned renovation operations involving
individual nonscheduled operations, predict the combined additive amount of
RACM to be removed or stripped during a calendar year or January 1 through
December 31.
(IV) To determine
whether paragraph (i)(i)(D) applies to emergency renovation operations,
estimate the combined amount of RACM to be removed or stripped as a result of
the sudden, unexpected event that necessitated the renovation.
(E) In a facility being renovated,
only the notification requirements of paragraphs (i)(ii)(A), (B), (C)(I) and
(IV), and (D)(I) through (IX) and (XVI) apply, if the combined amount of RACM
is:
(I) Less than 80 linear meters (260 linear
feet) on pipes or less than 15 square meters (160 square feet) on other
facility components, and
(II) Less
than 1 cubic meter (35 cubic feet) off facility components where the length or
area could not be measured previously or there is no asbestos.
(ii) Notification
Requirements. Each owner or operator of a demolition or renovation activity to
which this section applies shall:
(A) Provide
the Administrator with written notice of intention to demolish or renovate.
Delivery of the notice by U.S. Postal Service, commercial delivery service, or
hand delivery is acceptable.
(B)
Update notice, as necessary, including when the amount of asbestos affected
changes by at least 20 percent.
(C)
Postmark or deliver the notice as follows:
(I)
At least 10 working days before asbestos stripping or removal work or any other
activity begins (such as site preparation that would break up, dislodge or
similarly disturb asbestos material), if the operation is described in
paragraphs (i)(i)(A) and (D) (except (i)(i)(D)(III) and (i)(i)(D)(IV)). If the
operation is as described in paragraph (i)(i)(B), notification is required 10
working days before demolition begins.
(II) At least 10 working days before the end
of the calendar year preceding the year for which notice is being given for
renovations described in paragraph (i)(i)(D)(III).
(III) As early as possible before, but not
later than, the following working day if the operation is a demolition ordered
according to paragraph (i)(i)(C) or, if the operation is a renovation described
in paragraph (i)(i)(D)(IV).
(IV)
For asbestos stripping or removal work in a demolition or renovation operation,
described in paragraphs (i)(i)(A) and (D) (except (i)(i)(D)(III) and
(i)(i)(D)(IV)), and for a demolition described in paragraph (i)(i)(B), that
will begin on a date other than the one contained in the original notice,
notice of the new start date must be provided to the Administrator as follows:
(1.) When the asbestos stripping or removal
operation or demolition operation covered by this paragraph will begin after
the date contained in the notice,
a. Notify
the Administrator of the new start date by telephone as soon as possible before
the original start date, and
b.
Provide the Administrator with a written notice of the new start date as soon
as possible before, and no later than, the original start date. Delivery of the
updated notice by the U.S. Postal Service, commercial delivery service, or hand
delivery is acceptable.
(2.) When the asbestos stripping or removal
operation or demolition operation covered by this paragraph will begin on a
date earlier than the original start date,
a.
Provide the Administrator with a written notice of the new start date at least
10 working days before asbestos stripping or removal work begins.
b. For demolitions covered by paragraph
(i)(i)(B), provide the Administrator written notice of a new start date at
least 10 working days before commencement of demolition. Delivery of updated
notice by U.S. Postal Service, commercial delivery service, or hand delivery is
acceptable.
(3.) In no
event shall an operation covered by this paragraph begin on a date other than
the date contained in the written notice of the new start date.
(D) Include the
following in the notice:
(I) An indication of
whether the notice is the original or a revised notification.
(II) Name, address, and telephone number of
both the facility owner and operator and the asbestos removal contractor owner
or operator.
(III) Type of
operation: demolition or renovation.
(IV) Description of the facility or affected
part of the facility including the size (square meters [square feet] and number
of floors), age, and present and prior use of the facility.
(V) Procedure, including analytical methods,
employed to detect the presence of RACM and Category I and Category II
nonfriable ACM.
(VI) Estimate of
the approximate amount of RACM to be removed from the facility in terms of
length of pipe in linear meters (linear feet), surface area in square meters
(square feet) on other facility components, or volume in cubic meters (cubic
feet) if off the facility components. Also estimate the approximate amount of
Category I and Category II nonfriable ACM in the affected part of the facility
that will not be removed before demolition.
(VII) Location and street address (including
building number or name and floor or room number, if appropriate), city,
county, and state, or the facility being demolished or renovated.
(VIII) Scheduled starting and completion
dates of asbestos removal work (or any other activity, such as site preparation
that would break up, dislodge, or similarly disturb asbestos material) in a
demolition or renovation; planned renovation operations involving individual
nonscheduled operations shall only include the beginning and ending dates of
the report period as described in paragraph (i)(i)(D)(III).
(IX) Scheduled starting and completion dates
of demolition or renovation.
(X)
Description of planned demolition or renovation work to be performed and
method(s) to be employed, including demolition or renovation techniques to be
used and description of affected facility components.
(XI) Description of work practices and
engineering controls to be used to comply with the requirements of this
section, including asbestos removal and waste-handling emission control
procedures.
(XII) Name and location
of the waste disposal site where the asbestos-containing waste material will be
deposited.
(XIII) A certification
that the individuals supervising and performing the stripping and removal
described by this notification have received the training required by paragraph
(i)(iii)(H).
(XIV) For facilities
described in paragraph (i)(i)(C), the name, title, and authority of the State
or local government representative who has ordered the demolition, the date
that the order was issued, and the date on which the demolition was ordered to
begin. A copy of the order shall be attached to the notification.
(XV) For emergency renovations described in
paragraph (b)(xii) of this section, the date and hour that the emergency
occurred, a description of the sudden, unexpected event, and an explanation of
how the event caused an unsafe condition, or would cause equipment damage or an
unreasonable financial burden.
(XVI) Description of procedures to be
followed in the event that unexpected RACM is found or Category II nonfriable
ACM becomes crumbled, pulverized, or reduced to powder.
(XVII) Name, address, and telephone number of
the waste transporter.
(E) The information required in paragraph
(i)(ii)(D) must be reported using a form similar to that shown in Figure
3.
(iii) Procedures for
Asbestos Emission Control. Each owner or operator of a demolition or renovation
activity to whom this paragraph applies, according to paragraph (i)(i), shall
comply with the following procedures:
(A)
Remove all RACM from a facility being demolished or renovated before any
activity begins that would break up, dislodge, or similarly disturb the
material or preclude access to the material for subsequent removal. RACM need
not be removed before demolition if:
(I) It
is Category I nonfriable ACM that is not in poor condition and is not
friable.
(II) It is on a facility
component that is encased in concrete or other similarly hard material and is
adequately wet whenever exposed during demolition; or
(III) It was not accessible for testing and
was, therefore, not discovered until after demolition began and, as a result of
the demolition, the material cannot be safely removed. If not removed for
safety reasons, the exposed RACM and any asbestos-contaminated debris must be
treated as asbestos-containing waste material and adequately wet at all times
until disposed of.
(IV) They are
Category II nonfriable ACM and the probability is low that the materials will
become crumbled, pulverized, or reduced to powder during demolition.
(B) When a facility component that
contains, is covered with, or is coated with RACM is being taken out of the
facility as a unit or in sections:
(I)
Adequately wet all RACM exposed during cutting or disjointing operations;
and
(II) Carefully lower each unit
or section to the floor and to ground level, not dropping, throwing, sliding,
or otherwise damaging or disturbing the RACM.
(C) When RACM is stripped from a facility
component while it remains in place in the facility, adequately wet the RACM
during the stripping operation.
(I) In
renovation operations, wetting is not required if:
(1.) The owner or operator has obtained prior
written approval from the Administrator based on a written application that
wetting to comply with this paragraph would unavoidably damage equipment or
present a safety hazard; and
Figure 3
STATE OF WYOMING
NOTIFICATION OF DEMOLITION AND RENOVATION
Click here to
view image
Click here to
view image
(2.)
The owner or operator uses one of the following emission control methods:
a. A local exhaust ventilation and collection
system designed and operated to capture the particulate asbestos material
produced by the stripping and removal of the asbestos materials. The system
must exhibit no visible emissions to the outside air or be designed and
operated in accordance with the requirements in paragraph (o).
b. A glove-bag system designed and operated
to contain the particulate asbestos material produced by the stripping of the
asbestos materials.
c. Leak-tight
wrapping to contain all RACM prior to dismantlement.
(II) In renovation operations
where wetting would result in equipment damage or a safety hazard, and the
methods allowed in paragraph (i)(iii)(C)(I) cannot be used, another method may
be used after obtaining written approval from the Administrator based upon a
determination that it is equivalent to wetting in controlling emissions or to
the methods allowed in paragraph (i)(iii)(C)(I).
(III) A copy of the Administrator's written
approval shall be kept at the worksite and made available for
inspection.
(D) After a
facility component covered with, coated with, or containing RACM has been taken
out of the facility as a unit or in sections pursuant to paragraph (i)(iii)(B),
it shall be stripped or contained in leak-tight wrapping, except as described
in paragraph (i)(iii)(E). If stripped, either:
(I) Adequately wet the RACM during stripping;
or
(II) Use a local exhaust
ventilation and collection system designed and operated to capture the
particulate asbestos material produced by the stripping. The system must
exhibit no visible emissions to the outside air or be designed and operated in
accordance with the requirements in paragraph (o).
(E) For large facility components such as
reactor vessels, large tanks, and steam generators, but not beams (which must
be handled in accordance with paragraphs (i)(iii)(B), (C), and (D)), the RACM
is not required to be stripped if the following requirements are met:
(I) The component is removed, transported,
stored, disposed of, or reused without disturbing or damaging the
RACM.
(II) The component is encased
in a leak-tight wrapping.
(III) The
leak-tight wrapping is labeled according to paragraphs (m)(iv) during all
loading and unloading operations and during storage.
(F) For all RACM, including material that has
been removed or stripped:
(I) Adequately wet
the material and ensure that it remains wet until collected and contained or
treated in preparation for disposal in accordance with paragraph (m).
(II) Carefully lower the material to the
ground and floor, not dropping, throwing, sliding, or otherwise damaging or
disturbing the material.
(III)
Transport the material to the ground via leak-tight chutes or containers if it
has been removed or stripped more than 50 feet above ground level and was not
removed as units or in sections.
(IV) RACM contained in leak-tight wrapping
that has been removed in accordance with paragraphs (i)(iii)(D) and
(i)(iii)(C)(I)(2.)c. need not be wetted.
(G) When the temperature at the point of
wetting is below 0°C (32°F):
(I) The
owner or operator need not comply with paragraph (i)(iii)(B)(I) and the wetting
provisions of paragraph (i)(iii)(C).
(II) The owner or operator shall remove
facility components containing, coated with, or covered with RACM as units or
in sections to the maximum extent possible.
(III) During periods when wetting operations
are suspended due to freezing temperatures, the owner or operator must record
the temperature in the area containing the facility components at the
beginning, middle, and end of each workday and keep daily temperature records
available for inspection by the Administrator during normal business hours at
the demolition or renovation site. The owner or operator shall retain the
temperature records for at least 2 years.
(H) No RACM shall be stripped, removed, or
otherwise handled or disturbed at a facility regulated by this section unless
the individuals supervising and performing the operation have been trained in
the provisions of this regulation and the means of complying with them.
Asbestos School Hazard Abatement Reauthorization Act (ASHARA) training will be
acceptable to meet this requirement. Every year, the individuals supervising
and performing asbestos operations shall receive refresher training in the
provisions of this regulation. The required training shall include as a
minimum: applicability; notifications; material identification; control
procedures for removals including, at least, wetting, local exhaust
ventilation, negative pressure enclosures, glove-bag procedures, and High
Efficiency Particulate Air (HEPA) filters; waste disposal work practices;
reporting and recordkeeping; and asbestos hazards and worker protection.
Evidence that the required training has been completed shall be posted and made
available for inspection by the Administrator at the demolition or renovation
site.
(I) For facilities described
in paragraph (i)(i)(C), adequately wet the portion of the facility that
contains RACM during the wrecking operation.
(J) If a facility is demolished by
intentional burning, all RACM including Category I and Category II nonfriable
ACM must be removed in accordance with the NESHAP before burning.
(j) Standard
for Spraying.
The owner or operator of an operation in which
asbestos-containing materials are spray applied shall comply with the following
requirements:
(i) For spray-on
application on buildings, structures, pipes, and conduits do not use material
containing more than 1 percent asbestos as determined using the method
specified in 40 CFR Part 763 Appendix E, Section
1, Polarized Light Microscopy, except as
provided in paragraph (j)(iii).
(ii) For spray-on application of materials
that contain more than 1 percent asbestos as determined using the method
specified in 40 CFR Part 763 Appendix E, Section
1, Polarized Light Microscopy, on equipment
and machinery, except as provided in paragraph (j)(iii):
(A) Notify the Administrator at least 20 days
before beginning the spraying operation. Include the following information in
the notice:
(I) Name and address of owner or
operator.
(II) Location of spraying
operation.
(III) Procedures to be
followed to meet the requirements of paragraph (j).
(B) Discharge no visible emissions to the
outside air from spray-on application of the asbestos-containing material or
use the methods specified by paragraph (o) to clean emissions containing
particulate asbestos material before they escape to, or are vented to, the
outside air.
(iii) The
requirements of paragraphs (j)(i) and (j)(ii) do not apply to the spray-on
application of materials where the asbestos fibers in the materials are
encapsulated with a bituminous or resinous binder during spraying and the
materials are not friable after drying.
(k) Standard for Fabricating.
(i) Applicability. This section applies to
the following fabrication operations using commercial asbestos:
(A) The fabrication of cement building
products.
(B) The fabrication of
friction products, except those operations that primarily install asbestos
friction materials on motor vehicles.
(C) The fabrication of cement on silicate
board for ventilation hoods; ovens; electrical panels; laboratory furniture,
bulkheads, partitions, and ceilings for marine construction; and flow control
devices for the molten metal industry.
(ii) Standard. Each owner or operator of any
of the fabricating operations to which this section applies shall either:
(A) Discharge no visible emissions to the
outside air from any of the operations or from any building or structure in
which they are conducted or from any other fugitive sources; or
(B) Use the methods specified by paragraph
(o) to clean emissions containing particulate asbestos material before they
escape to, or are vented to, the outside air.
(C) Monitor each potential source of asbestos
emissions from any part of the fabricating facility, including air cleaning
devices, process equipment, and buildings that house equipment for material
processing and handling, at least once a day, during daylight hours, for
visible emissions to the outside air during periods of operation. The
monitoring shall be by visual observation of at least 15 seconds duration per
source of emission.
(D) Inspect
each air cleaning device at least once each week for proper operation and for
changes that signal the potential for malfunctions, including, to the maximum
extent possible without dismantling other than opening the device, the presence
of tears, holes, and abrasions in the filter bags and for dust deposits on the
clean side of bags. For air cleaning devices that cannot be inspected on a
weekly basis according to this paragraph, submit to the Administrator, and
revise as necessary, a written maintenance plan to include, at a minimum, the
following:
(I) Maintenance schedule.
(II) Recordkeeping plan.
(E) Maintain records of the results of
visible emission monitoring and air cleaning device inspections using a format
similar to that shown in Figures 1 and 2 and include the following:
(I) Date and time of each
inspection.
(II) Presence or
absence of visible emissions.
(III)
Condition of fabric filters, including presence of any tears, holes, and
abrasions.
(IV) Presence of dust
deposits on clean side of fabric filters.
(V) Brief description of corrective actions
taken, including date and time.
(VI) Daily hours of operation for each air
cleaning device.
(F)
Furnish upon request and make available at the affected facility during normal
business hours for inspection by the Administrator, all records required under
this paragraph.
(G) Retain a copy
of all monitoring and inspection records for at least 2 years.
(H) Submit quarterly a copy of the visible
emission monitoring records to the Administrator if visible emissions occurred
during the report period. Quarterly reports shall be postmarked by the
30th day following the end of the calendar
quarter.
(l)
Standard for Insulating Materials. No owner or operator of a facility may
install or reinstall on a facility component any insulating materials that
contain commercial asbestos if the materials are either molded and friable or
wet-applied and friable after drying. The provisions of this paragraph do not
apply to spray-applied insulating materials regulated under paragraph
(j).
(m) Standard for Waste
Disposal for Non-facilities, Manufacturing, Demolition, Renovation, Spraying,
and Fabricating. Each owner or operator of any source covered under the
provisions of paragraphs (g), (h), (i), (j), or (k) shall meet the requirements
of the Wyoming Department of Environmental Quality, Solid & Hazardous Waste
Division, or, at a minimum, the requirements of the following:
(i) Discharge no visible emissions to the
outside air during the collection, processing (including incineration),
packaging, or transporting of any asbestos-containing waste material generated
by the source, or use one of the emission control and waste treatment methods
specified in paragraphs (m)(i)(A) through (D).
(A) Adequately wet asbestos-containing waste
material as follows:
(I) Mix control device
asbestos waste to form a slurry; adequately wet other asbestos-containing waste
material; and
(II) Discharge no
visible emissions to the outside air from collection, mixing, wetting, and
handling operations, or use the methods specified by paragraph (o) to clean
emissions containing particulate asbestos material before they escape to, or
are vented to, the outside air; and
(III) After wetting, seal all
asbestos-containing waste material in leak-tight containers while wet; or, for
materials that will not fit into containers without additional breaking, put
materials into leak-tight wrapping; and
(IV) Label the containers or wrapped
materials specified in paragraph (m)(i)(A)(III) using warning labels specified
by Occupational Safety and Health Standards of the Department of Labor,
Occupational Safety and Health Administration (OSHA) under
29 CFR §
1910.1001(j)(4) or §
1926.1101(k)(8).
The labels shall be printed in letters of sufficient size and contrast so as to
be readily visible and legible.
(V)
For asbestos-containing waste material to be transported off the facility site,
label containers or wrapped materials with the name of the waste generator and
the location at which the waste was generated.
(B) Process asbestos-containing waste
material into nonfriable forms as follows:
(I)
Form all asbestos-containing waste material into nonfriable pellets or other
shapes;
(II) Discharge no visible
emissions to the outside air from collection and processing operations,
including incineration, or use the method specified by paragraph (o) to clean
emissions containing particulate asbestos materials before they escape to, or
are vented to, the outside air.
(C) For facilities demolished where the RACM
is not removed prior to demolition, adequately wet asbestos-containing waste
material at all times after demolition and keep wet during handling and loading
for transport to a disposal site. Asbestos-containing waste materials covered
by this paragraph do not have to be sealed in leak-tight containers or wrapping
but may be transported and disposed of in bulk.
(D) Use an alternative emission control and
waste treatment method that has received prior written approval by the
Administrator.
(E) As applied to
demolition and renovation, the requirements of paragraph (m)(i) do not apply to
Category I and Category II nonfriable ACM waste that did not become crumbled,
pulverized, or reduced to powder.
(ii) All asbestos-containing waste material
shall be deposited as soon as is practical by the waste generator at:
(A) A waste disposal site operated in
accordance with the provisions of paragraph (q), or
(B) An EPA-approved site that converts RACM
and asbestos-containing waste material into nonasbestos (asbestos-free)
material according to the provisions of paragraph (r).
(C) The requirements of paragraph (m)(ii) do
not apply to Category I nonfriable ACM that is not RACM.
(iii) Mark vehicles used to transport
asbestos-containing waste material during the loading and unloading of waste so
that the signs are visible. The markings must:
(A) Be displayed in such a manner and
location that a person can easily read the legend.
(B) Conform to the requirements for 51 cm X
36 cm (20 in X 14 in) upright format signs specified in
29 CFR §
1910.145(d)(2) and this
paragraph; and
(C) Display the
following legend in the lower panel with letter sizes and styles of a
visibility at least equal to those specified below.
Legend
DANGER
ASBESTOS DUST HAZARD
CANCER AND LUNG DISEASE HAZARD
Authorized Personnel Only
Notation
2.5 cm (1 inch) Sans Serif, Gothic or Block
2.5 cm (1 inch) Sans Serif, Gothic or Block
1.9 cm (3/4 inch) Sans Serif, Gothic or Block
14 Point Gothic
Spacing between any two lines must be at least equal to the
height of the upper of the two lines.
(iv) For All Asbestos-Containing Waste
Material Transported Off the Facility Site:
(A) Maintain waste shipment records, using a
form similar to that shown in Figure 4, and include the following information:
(I) The name and telephone number of the
disposal site operator.
(II) The
name and physical site location of the disposal site.
(III) The date transported.
(IV) The name, address, and telephone number
of the transporter(s).
Figure 4. Waste Shipment Record
Click here to
view image
(V) A
certification that the contents of this consignment are fully and accurately
described by proper shipping name and are classified, packed, marked, and
labeled, and are in all respects in proper condition for transport by highway
according to applicable international and governmental regulations.
(B) Provide a copy of the waste
shipment record, described in paragraph (m)(iv)(A), to the disposal site owners
or operators at the same time as the asbestos-containing waste material is
delivered to the disposal site.
(C)
For waste shipments where a copy of the waste shipment record, signed by the
owner or operator of the designated disposal site, is not received by the waste
generator within 35 days of the date the waste was accepted by the initial
transporter, contact the transporter and/or the owner or operator of the
designated disposal site to determine the status of the waste
shipment.
(D) Report in writing to
the Wyoming Department of Environmental Quality, Air Quality Division, if a
copy of the waste shipment record, signed by the owner or operator of the
designated waste disposal site, is not received by the waste generator within
45 days of the date the waste was accepted by the initial transporter. Include
in the report the following information:
(I) A
copy of the waste shipment record for which a confirmation of delivery was not
received, and
(II) A cover letter
signed by the waste generator explaining the efforts taken to locate the
asbestos waste shipment and the results of those efforts.
(E) Retain a copy of all waste shipment
records, including a copy of the waste shipment record signed by the owner or
operator of the designated waste disposal site, for at least 2 years.
(v) Furnish upon request, and make
available for inspection by the Administrator, all records required under this
section.
(n) Standard for
Inactive Waste Disposal Sites for Manufacturing and Fabricating Operations.
Each owner or operator of any inactive waste disposal site that was operated by
sources covered under paragraphs (h) or (k) and received deposits of
asbestos-containing waste material generated by the sources, shall meet the
requirements of the Wyoming Department of Environmental Quality, Solid &
Hazardous Waste Division, or at a minimum:
(i)
Comply With One of the Following:
(A) Either
discharge no visible emissions to the outside air from an inactive waste
disposal site subject to the paragraph; or
(B) Cover the asbestos-containing waste
material with at least 15 centimeters (6 inches) of compacted
nonasbestos-containing material, and grow and maintain a cover of vegetation on
the area adequate to prevent exposure of the asbestos-containing waste
material. In desert areas where vegetation would be difficult to maintain, at
least 8 additional centimeters (3 inches) of well-graded, nonasbestos crushed
rock may be placed on top of the final cover instead of vegetation and
maintained to prevent emissions; or
(C) Cover the asbestos-containing waste
material with at least 60 centimeters (2 feet) of compacted
nonasbestos-containing material, and maintain it to prevent exposure of the
asbestos-containing waste; or
(D)
For inactive waste disposal sites for asbestos tailings, a resinous or
petroleum-based dust suppression agent that effectively binds dust to control
surface air emissions may be used instead of the methods in paragraphs
(n)(i)(A), (B), and (C). Use the agent in the manner and frequency recommended
for the particular asbestos tailings by the manufacturer of the dust
suppression agent to achieve and maintain dust control. Obtain prior written
approval of the Administrator to use other equally effective dust suppression
agents. For purposes of this paragraph, any used, spent, or other waste oil is
not considered a dust suppression agent.
(ii) Unless a natural barrier adequately
deters access by the general public, install and maintain warning signs and
fencing as follows, or comply with paragraph (n)(i)(B) or (n)(i)(C).
(A) Display warning signs at all entrances
and at intervals of 100 m (328 feet) or less along the property line of the
site or along the perimeter of the sections of the site where
asbestos-containing waste material was deposited. The warning signs must:
(I) Be posted in such a manner and location
that a person can easily read the legend;
(II) Conform to the requirements of 51 cm x
36 cm (20" x 14") upright format signs specified in
29 CFR §
1910.145(d)(4) and this
paragraph; and
(III) Display the
following legend in the lower panel with letter sizes and styles of a
visibility at least equal to those specified in this paragraph.
Legend
ASBESTOS WASTE DISPOSAL SITE
DO NOT CREATE DUST
Breathing Asbestos is Hazardous to Your
Health
Notation
2.5 cm (1 inch) Sans Serif, Gothic or Block
1.9 cm (3/4 inch) Sans Serif, Gothic or Block
14 point Gothic
Spacing between any two lines must be at least equal to the
height of the upper of the two lines.
(B) Fence the perimeter of the site in a
manner adequate to deter access by the general public.
(C) When requesting a determination on
whether a natural barrier adequately deters public access, supply information
enabling the Administrator to determine whether a fence or a natural barrier
adequately deters access by the general public.
(iii) The owner or operator may use an
alternative control method that has received prior approval of the
Administrator rather than comply with the requirements of paragraph (n)(i) or
(n)(ii).
(iv) Notify the
Administrator in writing at least 45 days prior to excavating or otherwise
disturbing any asbestos-containing waste material that has been deposited at a
waste disposal site under this section, and follow the procedures specified in
the notification. If the excavation will begin on a date other than the one
contained in the original notice, notice of the new start date must be provided
to the Administrator at least 10 working days before excavation begins and in
no event shall excavation begin earlier than the date specified in the original
notification. Include the following information in the notice:
(A) Scheduled starting and completion
dates.
(B) Reason for disturbing
the waste.
(C) Procedures to be
used to control emissions during the excavation, storage, transport, and
ultimate disposal of the excavated asbestos-containing waste material. If
deemed necessary, the Administrator may require changes in the emission control
procedures to be used.
(D) Location
of any temporary storage site and the final disposal site.
(v) Within 60 days of a site becoming
inactive and after the effective date of this subpart, record, in accordance
with State law, a notation on the deed to the facility property and on any
other instrument that would normally be examined during a title search; this
notation will in perpetuity notify any potential purchaser of the property
that:
(A) The land has been used for the
disposal of asbestos-containing waste material;
(B) The survey plot and record of the
location and quantity of asbestos-containing waste disposed of within the
disposal site required in paragraph (q)(vi) have been filed with the
Administrator; and
(C) The site is
subject to WAQSR Chapter 3, Section
8 and to 40 CFR Part 61, Subpart
M.
(o) Air
Cleaning.
(i) The owner or operator who uses
air cleaning, as specified in paragraphs (h)(ii)(B), (i)(iii)(C)(I)(2.)a.,
(i)(iii)(D)(II), (j)(ii)(B), (k)(ii)(B), (m)(i)(A)(II), (m)(i)(B)(II) and
(r)(v) shall:
(A) Use fabric filter collection
devices, except as noted in paragraph (o)(ii), doing all of the following:
(I) Ensuring that the airflow permeability,
as determined by ASTM Method D737-04 Test Method for Air Permeability of
Textile Fabrics, does not exceed 9
m3/min/m2 (30
ft3/min/ft2) for woven
fabrics or 11 m3/min/m2
(35 ft3/min/ft2) for
felted fabrics, except that 12
m3/min/m2 (40
ft3/min/ft2) for woven
and 14 m3/min/m2 (45
ft3/min/ft2) for felted
fabrics is allowed for filtering air from asbestos ore dryers;
(II) Ensuring that felted fabric weighs at
least 475 grams per square meter (14 ounces per square yard) and is at least
1.6 millimeters (one-sixteenth inch) thick throughout; and
(III) Avoiding the use of synthetic fabrics
that contain fill yarn other than that which is spun.
(B) Properly install, use, operate, and
maintain all air-cleaning equipment authorized by this paragraph. Bypass
devices may be used only during upset or emergency conditions and then only for
so long as it takes to shut down the operation generating the particulate
asbestos material.
(C) For fabric
filter collection devices installed after January 10, 1989, provide for easy
inspection for faulty bags.
(ii) There are the following exceptions to
paragraph (o)(i)(A):
(A) After January 10,
1989, if the use of fabric creates a fire or explosion hazard, or the
Administrator determines that a fabric filter is not feasible, the
Administrator may authorize as a substitute the use of wet collectors designed
to operate with a unit contacting energy of at least 9.95 kilopascals (40
inches water gage pressure).
(B)
Use a HEPA filter that is certified to be at least 99.97 percent efficient for
0.3 micron particles.
(C) The
Administrator may authorize the use of filtering equipment other than described
in paragraphs (o)(i)(A) and (o)(ii)(A) and (B) if the owner or operator
demonstrates to the Administrator's satisfaction that it is equivalent to the
described equipment in filtering particulate asbestos material.
(p) Reporting.
(i) Any new source to which this section
applies (with the exception of sources subject to paragraphs (i), (j), and
(l)), which has an initial startup date preceding the effective date of this
revision, shall provide the following information to the Administrator
postmarked or delivered within 90 days of the effective date. In the case of a
new source that does not have an initial startup date preceding the effective
date, the information shall be provided, postmarked or delivered, within 90
days of the initial startup date. Any owner or operator of an existing source
shall provide the following information to the Administrator within 90 days of
the effective date of this subpart unless the owner or operator of the existing
source has previously provided this information to the Administrator. Any
changes in the information provided by any existing source shall be provided to
the Administrator, postmarked or delivered, within 30 days after the change.
(A) A description of the emission control
equipment used for each process; and
(I) If
the fabric device uses a woven fabric, the airflow permeability in
m3/min/m2 and; if the
fabric is synthetic, whether the fill yarn is spun or not spun; and
(II) If the fabric filter device uses a
felted fabric, the density in g/m2, the minimum
thickness in inches and the airflow permeability in
m3/min/m2.
(B) If a fabric filter device is
used to control emissions,
(I) The airflow
permeability in m3/min/m2
(ft3/min/ft2) if the
fabric filter device uses a woven fabric, and, if the fabric is synthetic,
whether the fill yarn is spun or not spun; and
(II) If the fabric filter device uses a
felted fabric, the density in g/m2
(oz/yd2), the minimum thickness in millimeters
(inches), and the airflow permeability in
m3/min/m2
(ft3/min/ft2).
(C) If a HEPA filter is used to
control emissions, the certified efficiency.
(D) For sources subject to paragraph (m):
(I) A brief description of each process that
generates asbestos-containing waste material;
(II) The average volume of
asbestos-containing waste material disposed of measured in
m3/day
(yd3/day);
(III) The emission control methods used in
all stages of waste disposal; and
(IV) The type of disposal site or
incineration site used for ultimate disposal, the name of the site operator,
and the name and location of the disposal site.
(E) For sources subject to paragraphs (n) and
(q):
(I) A brief description of the site;
and
(II) The method or methods used
to comply with the standard, or alternate procedures to be used.
(ii) The information
required by paragraph (p)(i) must accompany the information required by
40 CFR Part 61, subpart A,
61.10. Active waste disposal sites subject to
paragraph (q) shall also comply with this provision. Demolition and renovation,
spraying, and insulating materials are exempted from the requirements of 40 CFR
Part 61.10(a). The information described in this paragraph must be reported
using the format of Appendix A of CFR 40 Part 61 as a
guide.
(q) Standard for
Active Waste Disposal Sites. Each owner or operator of an active waste disposal
site that receives asbestos-containing waste material from a source covered
under paragraphs (m) or (r) shall meet the requirements of the Wyoming
Department of Environmental Quality, Solid & Hazardous Waste Division, or
at a minimum the following:
(i) Either there
must be no visible emissions to the outside air from any active waste disposal
site where asbestos-containing waste material has been deposited, or the
requirements of paragraph (q)(iii) or (q)(iv) must be met.
(ii) Unless a natural barrier adequately
deters access by the general public, either warning signs and fencing must be
installed and maintained as follows, or the requirements of paragraph
(q)(iii)(A) must be met.
(A) Warning signs
must be displayed at all entrances and at intervals of 100 m (330 ft) or less
along the property line of the site or along the perimeter of the sections of
the site where asbestos-containing waste material is deposited. The warning
signs must:
(I) Be posted in such a manner and
location that a person can easily read the legend;
(II) Conform to the requirements of 51 cm x
36 cm (20" x 14") upright format signs specified in
29 CFR §
1910.145(d)(4) and this
paragraph; and
(III) Display the
following legend in the lower panel with letter sizes and styles of a
visibility at least equal to those specified below.
Legend
ASBESTOS WASTE DISPOSAL SITE
DO NOT CREATE DUST
Breathing Asbestos is Hazardous to Your
Health
Notation
2.5 cm (1 inch) Sans Serif, Gothic or Block
1.9 cm (3/4 inch) Sans Serif, Gothic or Block
14 point Gothic
Spacing between any two lines must be at least equal to the
height of the upper of the two lines.
(B) The perimeter of the disposal site must
be fenced in a manner adequate to deter access by the general public.
(C) Upon request and supply of appropriate
information, the Administrator will determine whether a fence or a natural
barrier adequately deters access by the general public.
(iii) Rather than meet the no visible
emission requirement of paragraph (q)(i), at the end of each operating day, or
at least once every 24-hour period while the site is in continuous operation,
the asbestos-containing waste material that has been deposited at the site
during the operating day or previous 24-hour period shall:
(A) Be covered with at least 15 centimeters
(6 inches) of compacted nonasbestos-containing material, or
(B) Be covered with a resinous or
petroleum-based dust suppression agent that effectively binds dust and controls
wind erosion. Such an agent shall be used in the manner and frequency
recommended for the particular dust by the dust suppression agent manufacturer
to achieve and maintain dust control. Other equally effective dust suppression
agents may be used upon prior approval by the Administrator. For purposes of
this paragraph, any used, spent, or other waste oil is not considered a dust
suppression agent.
(iv)
Rather than meet the no visible emission requirement of paragraph (q)(i), use
an alternative emissions control method that has received prior written
approval by the Administrator.
(v)
For all asbestos-containing waste material received, the owner or operator of
the active waste disposal site shall:
(A)
Maintain waste shipment records, using a form similar to that shown in Figure
4, and include the following information:
(I)
The name, address, and telephone number of the waste generator.
(II) The name, address, and telephone number
of the transporter(s).
(III) The
quantity of the asbestos-containing waste material in cubic meters (cubic
yards).
(IV) The presence of
improperly enclosed or uncovered waste, or any asbestos-containing waste
material not sealed in leak-tight containers.
(V) The date of the receipt.
(B) Upon discovering the presence
of a significant amount of improperly enclosed or uncovered waste, report in
writing by the following working day to the local, State, or EPA Regional
office responsible for administering the asbestos NESHAP program for the waste
generator (identified in the waste shipment record), and, if that office is
outside the State of Wyoming, also report in writing by the following working
day to the Wyoming Department of Environmental Quality, Air Quality Division.
Submit a copy of the waste shipment record along with the report.
(C) As soon as possible and no longer than 30
days after receipt of the waste, send a copy of the signed waste shipment
record to the waste generator.
(D)
Upon discovering a discrepancy between the quantity of waste designated on the
waste shipment records and the quantity actually received, attempt to reconcile
the discrepancy with the waste generator. If the discrepancy is not resolved
within 15 days after receiving the waste, immediately report in writing to the
local, State, or EPA Regional office responsible for administering the asbestos
NESHAP program for the waste generator (identified in the waste shipment
record), and, if that office is outside the State of Wyoming, also report in
writing to the Wyoming Department of Environmental Quality, Air Quality
Division. Describe the discrepancy and attempts to reconcile it, and submit a
copy of the waste shipment record along with the report.
(E) Retain a copy of all records and reports
required by this paragraph for at least 2 years.
(vi) Maintain, until closure, records of the
location, depth and area, and quantity in cubic meters (cubic yards) of
asbestos-containing waste material within the disposal site on a map or diagram
of the disposal area.
(vii) Upon
closure, comply with all the provisions of paragraph (n).
(viii) Submit to the Administrator, upon
closure of the facility, a copy of records of asbestos waste disposal locations
and quantities.
(ix) Furnish upon
request, and make available during normal business hours for inspection by the
Administrator, all records required under this paragraph.
(x) Notify the Administrator in writing at
least 45 days prior to excavating or otherwise disturbing any
asbestos-containing waste material that has been deposited at a waste disposal
site and is covered. If the excavation will begin on a date other than the one
contained in the original notice, notice of the new start date must be provided
at least 10 working days before excavation begins and in no event shall
excavation begin earlier than the date specified in the original notification.
Include the following information in the notice.
(A) Scheduled starting and completion
dates.
(B) Reason for disturbing
the waste.
(C) Procedures to be
used to control emissions during the excavation, storage, transport, and
ultimate disposal of the excavated asbestos-containing waste material. If
deemed necessary, the Administrator may require changes in the emission control
procedures to be used.
(D) Location
of any temporary storage site and the final disposal site.
(r) Standard
for Operations That Convert Asbestos-Containing Waste Material Into Nonasbestos
(Asbestos-Free) Material. Each owner or operator of an operation that converts
RACM and asbestos-containing waste material into nonasbestos (asbestos-free)
material shall:
(i) Obtain the prior written
approval of the Administrator to construct the facility. To obtain approval,
the owner or operator shall provide the Administrator with the following
information:
(A) Application to construct
pursuant to 40 CFR §
61.07.
(B) In addition to the information
requirements of 40 CFR
§
61.07(b)(3), a
(I) Description of waste feed handling and
temporary storage.
(II) Description
of process operating conditions.
(III) Description of the handling and
temporary storage of the end product.
(IV) Description of the protocol to be
followed when analyzing output materials by transmission electron
microscopy.
(C)
Performance test protocol, including provisions for obtaining information
required under paragraph (r)(ii).
(D) The Administrator may require that a
demonstration of the process be performed prior to approval of the application
to construct.
(ii)
Conduct a Start-up Performance Test. Test Results Shall Include:
(A) A detailed description of the types and
quantities of nonasbestos material, RACM, and asbestos-containing waste
material processed, e.g., 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.
(B) Results of analyses,
using polarized light microscopy, that document the asbestos content of the
wastes processed.
(C) 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
8-hour composite samples (one 200-gram (7-ounce) sample per hour), beginning
with the initial introduction of RACM or asbestos-containing waste material and
continuing until the end of the performance test.
(D) A description of operation parameters,
such as temperature and residence time, defining the full range over which the
process is expected to operate to produce nonasbestos (asbestos-free)
materials. Specify the limits for each operating parameter within which the
process will produce nonasbestos (asbestos-free) materials.
(E) The length of the test.
(iii) During the initial 90 days
of operation,
(A) 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.
(B) Monitor input
materials to ensure that they are consistent with the test feed materials
described during start-up performance tests in paragraph (r)(ii)(A).
(C) Collect and analyze samples, taken as
10-day composite samples (one 200-gram (7-ounce) sample collected every 8 hours
of operation) of all output material for the presence of asbestos. Composite
samples may be for fewer than 10 days. Transmission electron microscopy (TEM)
shall be used to analyze the output material for the presence of asbestos.
During the initial 90-day period, all output materials must be stored on-site
until analysis shows the material to be asbestos-free or disposed of as
asbestos-containing waste material according to paragraph (m).
(iv) After the initial 90 days of
operation,
(A) Continuously monitor and record
the operating parameters identified during start-up performance testing and any
subsequent performance testing. Any output produced during a period of
deviation from the range of operating conditions established to ensure the
production of nonasbestos (asbestos-free) output materials shall be:
(I) Disposed of as asbestos-containing waste
material according to paragraph (m), or
(II) Recycled as waste feed during process
operation within the established range of operation conditions, or
(III) Stored 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.
(B) Collect and analyze monthly composite
samples (one 200-gram (7-ounce) sample collected every 8 hours of operation) of
the output material. Transmission electron microscopy shall be used to analyze
the output material for the presence of asbestos.
(v) Discharge no visible emissions to the
outside air from any part of the operation, or use the methods specified in
paragraph (o) to clean emissions containing particulate asbestos material
before they escape to, or are vented to, the outside air.
(vi) Maintain Records On-site and Include the
Following Information:
(A) Results of start-up
performance testing and all subsequent performance testing, including operating
parameters, feed characteristic, and analyses of output materials.
(B) Results of the composite analyses
required during the initial 90 days of operation under paragraph
(r)(iii).
(C) Results of the
monthly composite analyses required under paragraph (r)(iv).
(D) Results of continuous monitoring and logs
of process operating parameters required under paragraph (r)(iii) and
(iv).
(E) The information on waste
shipments received as required in paragraph (q).
(F) 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.
(G) Retain records required by paragraph
(r)(vi) for at least 2 years.
(vii) Submit the Following Reports to the
Administrator:
(A) A report for each analysis
of product composite samples performed during the initial 90 days of
operation.
(B) A quarterly report,
including the following information concerning activities during each
consecutive 3-month period:
(I) Results of
analyses of monthly product composite samples.
(II) 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.
(III) Disposition of any product produced
during a period of deviation, including whether it was recycled, disposed of as
asbestos-containing waste material, or stored temporarily on-site until
analyzed for asbestos content.
(IV)
The information on waste disposal activities as required in paragraph (q).
(viii)
Nonasbestos (asbestos-free) output material is not subject to any of the
provisions of this section. 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 TEM
analysis to be asbestos-free, shall be considered to be asbestos-containing
waste and shall be handled and disposed of according to paragraphs (m) and (q)
or reprocessed while all of the established operating parameters are being
met.
