SUBPART M National Emission Standard
for Asbestos
' 61.140 Applicability.
The provisions of this subpart are
applicable to those sources specified in ' 61.142 through 61.151 , 61.154 ,
and 61.155.
' 61.141 Definitions.
All terms that are used in this subpart
and are not defined below are given the same meaning as in the Act and in subpart
A of this part.
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 subpart. 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 mill means any facility
engaged in converting, or in any intermediate step in converting, asbestos ore
into commercial asbestos. Outside storage of asbestos material is not considered
a part of the asbestos mill.
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 appendix E, subpart E, 40 CFR part
763, 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 appendix E,
subpart E, 40 CFR part 763, 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 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 subpart 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 in appendix E, subpart E, 40 CFR part 763 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 (appendix G to 29 CFR 1926.58).
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 appendix E, subpart E, 40 CFR part 763, 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
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 subpart.
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 appendix
E, subpart E, 40 CFR part 763, Section 1, Polarized Light Microscopy.
Roadways means surfaces on
which vehicles travel. This term includes public and private highways, roads,
streets, parking areas, and driveways.
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 subpart 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 disposition of asbestos-containing waste
material.
Working day means Monday through
Friday and includes holidays that fall on any of the days Monday through Friday.
61.145 Standard for demolition and renovation.
(a) Applicability. To determine
which requirements of paragraphs (a), (b), and (c) of this section 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 (b) and (c) of this section
apply to each owner or operator of a demolition or renovation activity, including
the removal of RACM as follows:
(1) In a facility being demolished,
all the requirements of paragraphs (b) and (c) of this section apply, except
as provided in paragraph (a)(3) of this section, 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.
(2) In a facility being demolished,
only the notification requirements of paragraphs (b)(1), (2), (3)(i) and (iv),
and (4)(i) through (vii) and (4)(ix) and (xvi) of this section 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.
(3) 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 (b)(1), (b)(2), (b)(3)(iii), (b)(4) (except (b)(4)(viii)), (b)(5),
and (c)(4) through (c)(9) of this section apply.
(4) In a facility being renovated,
including any individual nonscheduled renovation operation, all the requirements
of paragraphs (b) and (c) of this section 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 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.
(iii) To determine whether paragraph
(a)(4) of this section 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 of January 1 through
December 31.
(iv) To determine whether paragraph
(a)(4) of this section 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.
(5) Owners or operators of demolition
and renovation operations are exempt from the requirements of '' 61.05 (a),
61.07 , and 61.09.
(b) Notification requirements.
Each owner or operator of a demolition or renovation activity to which this
section applies shall:
(1) 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.
(2) Update notice, as necessary,
including when the amount of asbestos affected changes by at least 20 percent.
(3) 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 (a) (1) and (4) (except (a)(4)(iii)
and (a)(4)(iv)) of this section.
f the operation is as described
in paragraph (a)(2) of this section, 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 (a)(4)(iii) of this section.
(Iii) As early as possible before,
but not later than, the following working day if the operation is a demolition
ordered according to paragraph (a)(3) of this section or, if the operation
is a renovation described in paragraph (a)(4)(iv) of this section.
(Iv) For asbestos stripping or
removal work in a demolition or renovation operation, described in paragraphs
(a) (1) and (4) (except (a)(4)(iii) and (a)(4)(iv)) of this section, and for
a demolition described in paragraph (a)(2) of this section, 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:
(A) When the asbestos stripping
or removal operation or demolition operation covered by this paragraph will
begin after the date contained in the notice,
(1) Notify the Administrator of
the new start date by telephone as soon as possible before the original start
date, and
(2) 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
US Postal Service, commercial delivery service, or hand delivery is acceptable.
(B) 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,
(1) Provide the Administrator with
a written notice of the new start date at least 10 working days before asbestos
stripping or removal work begins.
(2) For demolitions covered by
paragraph (a)(2) of this section, provide the Administrator written notice
of a new start date at least 10 working days before commencement of demolition.
delivery of updated notice by US
Postal Service, commercial delivery service, or hand delivery is acceptable.
(C) 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.
(4) 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, of 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 (a)(4)(iii) of this section.
(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
subpart, 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 at
least one person trained as required by paragraph (c)(8) of this section will
supervise the stripping and removal described by this notification. This requirement
shall become effective 1 year after promulgation of this regulation.
(xiv) For facilities described
in paragraph (a)(3) of this section, 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 (a)(4)(iv) 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.
(5) The information required in
paragraph (b)(4) of this section must be reported using a form similar to
that shown in Figure 3.
(c) Procedures for asbestos emission
control. Each owner or operator of a demolition or renovation activity to
whom this paragraph applies, according to paragraph (a) of this section, shall
comply with the following procedures:
(1) 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.
(2) 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 disjoining 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.
(3) 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:
(A) 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
(B) The owner or operator uses
of the following emission control methods:
(1) 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 ' 61.152.
(2) A glove-bag system designed
and operated to contain the particulate asbestos material produced by the
stripping of the asbestos materials.
(3) 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 (c)(3)(i) of this section 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 (c)(3)(i) of this section.
(Iii) A copy of the Administrator's
written approval shall be kept at the worksite and made available for inspection.
(4) 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 (c)(2) of this section, it
shall be stripped or contained in leak-tight wrapping, except as described
in paragraph (c)(5) of this section. 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 ' 61.152.
(5) For large facility components
such as reactor vessels, large tanks, and steam generators, but not beams
(which must be handled in accordance with paragraphs (c)(2), (3), and (4)
of this section), 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 ' 61.149 (d)(1)(i), (ii), and (iii) during all loading
and unloading operations and during storage.
(6) 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 ' 61.150 ; and
(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 (c)(4) and (c)(3)(i)(B)(3)
of this section need not be wetted.
(7) When the temperature at the
point of wetting is below 0 ¯C (32 ¯F):
(i) The owner or operator need
not comply with paragraph (c)(2)(i) and the wetting provisions of paragraph
(c)(3) of this section.
(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.
(8) Effective 1 year after promulgation
of this regulation, no RACM shall be stripped, removed, or otherwise handled
or disturbed at a facility regulated by this section unless at least one on-site
representative, such as a foreman or management level person or other authorized
representative, trained in the provisions of this regulation and the means
of complying with them, is present. Every 2 years, the trained on-site individual
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 record keeping;
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.
(9) For facilities described
in paragraph (a)(3) of this section, adequately wet the portion of the
facility that contains RACM during the wrecking operation.
-
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.
' 61.150 Standard for waste
disposal for manufacturing, fabricating, demolition, renovation, and spraying
operations.
Each owner or operator of any
source covered under the provisions of '' 61.144 , 61.145 , 61.146 , and 61.147
shall comply with the following provisions:
(a) 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 (a) (1) through (4) of this section.
(1) 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 ' 61.152 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 (a)(1)(iii) of this section 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)(2) or 1926.58(k)(2)(iii). 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.
(2) 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 ' 61.152 to clean emissions containing particulate
asbestos material before they escape to, or are vented to, the outside air.
(3) For facilities demolished
where the RACM is not removed prior to demolition according to '' 61.145 (c)(1)
(i), (ii), (iii), and (iv) or for facilities demolished according to ' 61.145
(c)(9), 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.
(4) Use an alternative emission
control and waste treatment method that has received prior approval by the
Administrator according to the procedure described in ' 61.149 (c)(2).
(5) As applied to demolition and
renovation, the requirements of paragraph (a) of this section do not apply
to Category I nonfriable ACM waste and Category II nonfriable ACM waste that
did not become crumbled, pulverized, or reduced to powder.
(b) All asbestos-containing waste
material shall be deposited as soon as is practical by the waste generator
at:
(1) A waste disposal site operated
in accordance with the provisions of ' 61.154 , or
(2) An EPA-approved site that
converts RACM and asbestos-containing waste material into nonasbestos (asbestos-free)
material according to the provisions of ' 61.155 .
(3) The requirements of paragraph
(b) of this section do not apply to Category I nonfriable ACM that is not
RACM.
(c) 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 conform to the requirements
of '' 61.149 (d)(1) (i), (ii), and (iii).
(d) For all asbestos-containing
waste material transported off the facility site:
(1) 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 and address of the
local, State, or EPA Regional office responsible for administering the asbestos
NESHAP program.
(Iii) The approximate quantity
in cubic meters (cubic yards).
(iv) The name and telephone number
of the disposal site operator.
(v) The name and physical site
location of the disposal site.
(vi) The date transported.
(Vii) The name, address, and telephone
number of the transporter(s).
(viii) 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 government regulations.
(2) Provide a copy of the waste
shipment record, described in paragraph (d)(1) of this section, to the disposal
site owners or operators at the same time as the asbestos-containing waste
material is delivered to the disposal site.
(3) 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.
(4) Report in writing to the local,
State, or EPA Regional office responsible for administering the asbestos NESHAP
program for the waste generator 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.
(5) 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.
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Furnish upon request, and make
available for inspection by the Administrator, all records required under
this section.
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