YOLO-SOLANO AIR QUALITY MANAGEMENT DISTRICT
RULE 9.9 - ASBESTOS
(Adopted May 8, 1996)
201 ACTIVE WASTE DISPOSAL SITE
202 ADEQUATELY WETTED
204 ASBESTOS-CONTAINING MATERIAL
205 ASBESTOS-CONTAINING WASTE MATERIAL
206 ASBESTOS MILL
207 ASBESTOS TAILING
208 CATEGORY I NONFRIABLE ASBESTOS-CONTAINING MATERIAL
209 CATEGORY II NONFRIABLE ASBESTOS-CONTAINING MATERIAL
210 COMMERCIAL ASBESTOS
211 COMPLETION DATE
212 CONTROL DEVICE ASBESTOS WASTE
213 CONVERSION OPERATION
216 EMERGENCY RENOVATION
218 FRIABLE ASBESTOS-CONTAINING MATERIAL
219 GLOVEBAG TECHNIQUE
220 HEPA FILTER
221 INACTIVE WASTE DISPOSAL SITE
224 ORDERED DEMOLITION
225 OUTSIDE AIR
226 OWNER OR OPERATOR OF A DEMOLITION OR RENOVATION
227 PARTICULATE ASBESTOS MATERIAL
228 PLANNED RENOVATION
230 REGULATED ASBESTOS-CONTAINING MATERIAL (RACM)
232 RESILIENT FLOOR COVERING
235 SET UP
236 START DATE
237 STATIONARY STRUCTURE
239 STRUCTURAL MEMBER
240 VISIBLE EMISSIONS
241 WASTE GENERATOR
242 WASTE SHIPMENT RECORD
243 WORKING DAY
301 DEMOLITION AND RENOVATION
302 WASTE DISPOSAL
308 ASBESTOS MILLS
309 WASTE DISPOSAL FOR ASBESTOS MILLS
310 WASTE DISPOSAL SITES
311 EXCEPTIONS TO VISIBLE EMISSION STANDARD
400 ADMINISTRATIVE REQUIREMENTS
500 MONITORING AND RECORDS
501 TESTING PROCEDURES
502 RECORD KEEPING
101 PURPOSE: To limit the emission of asbestos to the atmosphere and require an appropriate work practice standards and waste disposal procedure.
102 APPLICABILITY: This Rule is applicable to all renovations or demolitions within the Yolo-Solano AQMD unless exempted by Section 110.
110.1 This Rule shall not apply to:
- Renovations or demolitions of single family residential dwellings comprised of four or fewer residential dwelling units, except where the intended use is for residential property with five or more units, or commercial or industrial property; or
- Renovations where the combined amount of RACM is less than 260 linear feet, or less than 160 square feet, or less than 35 cubic feet.
110.2 Section 300 of this Rule shall not apply to demolitions where the combined amount of RACM is less than 260 linear feet, or less than 160 square feet, or less than 35 cubic feet.
200 DEFINITIONS: For the purpose of this Rule only, the following definitions shall apply:
201 ACTIVE WASTE DISPOSAL SITE: Any disposal site other than an inactive site.
202 ADEQUATELY WETTED: Sufficiently mixed or penetrated with liquid to prevent the release of asbestos-containing material. The absence of dust, debris or particles is not sufficient evidence of being adequately wetted.
203 ASBESTOS: Actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.
204 ASBESTOS-CONTAINING MATERIAL: Asbestos or any material containing more than 1% asbestos, as determined by the method specified in Section 501.2.
205 ASBESTOS-CONTAINING WASTE MATERIAL:
205.1 Any waste which contains commercial asbestos and is generated by a source subject to the provisions of this Rule, including filters from control devices, asbestos mill tailings, friable asbestos waste material, and bags or containers that previously contained commercial asbestos.
205.2 Any waste from demolition and renovation including but not limited to RACM, waste, disposable equipment and clothing, and other materials contaminated with asbestos.
206 ASBESTOS MILL: Any facility engaged in the conversion or any intermediate step in the conversion of asbestos ore into commercial asbestos. Outside storage of asbestos materials is not considered a part of such facility.
207 ASBESTOS TAILING: Any solid waste product of asbestos mining or milling operation which contains asbestos.
208 CATEGORY I NONFRIABLE ASBESTOS-CONTAINING MATERIAL: Asbestos-containing material including but not limited to packings, gaskets, resilient floor coverings, and asphalt roofing products containing more than 1% asbestos, as determined by the method specified in Section 501.2.
209 CATEGORY II NONFRIABLE ASBESTOS-CONTAINING MATERIAL: Asbestos-containing material as determined by the method specified in Section 501.2., excluding Category I nonfriable asbestos-containing material, that, when dry, and in its present form, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
210 COMMERCIAL ASBESTOS: Any variety of asbestos which is produced by extracting asbestos from asbestos ore.
211 COMPLETION DATE: The date when all asbestos removing or stripping is finished and all asbestos-containing waste has been properly removed from the project.
212 CONTROL DEVICE ASBESTOS WASTE: Any asbestos-containing waste material that is collected in a pollution control device.
213 CONVERSION OPERATION: A process by which asbestos material and/or asbestos-containing waste material is converted to non-asbestos (asbestos-free) material.
214 DEMOLITION: The wrecking, taking out, or burning of any load-supporting structural member of any stationary structure or any related removing or stripping of RACM.
215 ELEMENT: Any boiler, pipe, furnace, duct, tank, reactor, turbine, or structural member.
216 EMERGENCY RENOVATION: A renovation that results from a sudden, unexpected event, applies to the abatement of the immediate hazard and that, if not immediately attended to:
216.1 Presents a safety or public health hazard;
216.2 Is necessary to protect equipment from damage, or
216.3 Is necessary to avoid imposing an unreasonable financial burden; and
216.4 Is not a planned renovation.
Ultimate approval of the use of this provision is left to the discretion of the Air Pollution Control Officer or the EPA Administrator. Operations necessitated by non-routine failures of equipment are included.
217 FABRICATING: Any processing of a manufactured product containing commercial asbestos, with the exception of processing at temporary sites for the construction or restoration of building, structures, facilities or installations.
218 FRIABLE ASBESTOS-CONTAINING MATERIAL: Asbestos-containing material containing more than 1% asbestos, as determined by the method specified in Section 501.2, that can be crumbled, pulverized, or reduced to powder, when dry, by hand pressure.
219 GLOVEBAG TECHNIQUE: A method of stripping or removing RACM in which the material is totally isolated inside a leak-tight bag and then manually removed using gloves which are an integral part of the bag.
220 HEPA FILTER: A high efficiency particulate air filter capable of filtering 0.3 micron particles with 99.97 percent efficiency.
221 INACTIVE WASTE DISPOSAL SITE: Any disposal site or portion thereof, where additional asbestos-containing waste material will not be deposited and where the surface is not disturbed by vehicular traffic.
222 LEAK-TIGHT: Any method of containerization that prevents solids, liquids, or particles from escaping or spilling out.
223 MANUFACTURING: 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 as specified in Section 303.
224 ORDERED DEMOLITION: The demolition of a stationary structure pursuant to an order of an authorized representative of a state or local governmental agency, issued because that structure is structurally unsound and in danger of imminent collapse.
225 OUTSIDE AIR: The air outside buildings and structures.
226 OWNER OR OPERATOR OF A DEMOLITION OR RENOVATION: Any person who owns, leases, operates, controls or supervises the stationary structure being demolished or renovated, or any person who owns, leases, operates, controls or supervises demolition or renovation, or both.
227 PARTICULATE ASBESTOS MATERIAL: Finely divided particles of asbestos or asbestos- containing material.
228 PLANNED RENOVATION: A renovation in which the amount of RACM that will be removed or stripped within a given period of time can be predicted. Operations that are individually non-scheduled are included, provided a number of such operations can be predicted to occur during a given period of time based on operating experience.
229 REMOVING: The taking out, cutting, dislodging, drilling, or similar disturbing of RACM covering or coating on any element from any stationary structure, or portion thereof.
230 (RACM): REGULATED ASBESTOS-CONTAINING MATERIAL:
230.1 Friable asbestos-containing material;
230.2 Category I nonfriable asbestos-containing material that has or will become friable, or subjected to sanding, drilling, grinding, cutting, or abrading; or
230.3 Category II nonfriable asbestos-containing material that has a high probability of becoming crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation.
231 RENOVATION: 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.
232 RESILIENT FLOOR COVERING: Asbestos-containing material comprised of floor tile, including asphalt or vinyl floor tile, or sheet vinyl floor covering.
233 ROADWAYS: Surfaces on which motor vehicles travel, including but not limited to highways, roads, streets, parking areas, and driveways.
234 SECURED: Free from danger, loss or effects of the environment.
235 SET UP: Preparation of a structure for stripping or removing of RACM, including but not limited to placement of physical barriers, installation of local exhaust ventilation and collection systems, removal of structural components for the primary purpose of gaining access to RACM, and any activity which would break up the RACM.
236 START DATE: The date disturbance, active removal or stripping of any regulated asbestos-containing material commences.
237 STATIONARY STRUCTURE: Any immobile building, facility or installation. This includes a group of residential buildings with four or fewer dwelling units owned, managed by or under control or authority of the same person, persons or agency, and which is part of a commercial or public project .
238 STRIPPING: The taking off, cutting, drilling, dislodging, or similar disturbing of RACM covering or coating on any element of a stationary structure, or portion thereof.
239 STRUCTURAL MEMBER: Any load-supporting member, such as beams and load-supporting walls; or any non-load-supporting member, such as ceilings and non-load-supporting walls.
240 VISIBLE EMISSIONS: Any emissions or evidence of emissions, including but not limited to dust, debris, particles, or fibers, which are visually detectable without the aid of instruments and which are asbestos-containing material. This does not include condensed, uncombined water vapor.
241 WASTE GENERATOR: Any owner or operator of a source subject to this Rule whose act or process produces asbestos-containing waste material.
242 WASTE SHIPMENT RECORD: The shipping document required by the Air Pollution Control Officer to be originated and signed by the waste generator. It is used to track and substantiate the disposition of asbestos-containing waste material.
243 WORKING DAY: Any day Monday through Friday including holidays that fall on any of the days Monday through Friday.
244 WRECKING: The act of damaging and reducing to ruinous state.
301 DEMOLITION AND RENOVATION: Any owner or operator of a demolition or renovation subject to this Rule shall use the following procedures to prevent emissions of particulate asbestos material to outside air:
301.1 SURVEYS: Except for ordered demolitions, prior to commencement of any demolition or renovation, the owner or operator shall thoroughly survey the affected stationary structure or portion thereof for the presence of asbestos-containing material, including Category I and Category II nonfriable asbestos-containing material.
- The survey shall be performed by a person who has taken an EPA- approved Building Inspector course and conforms to the procedure outlined in the course.
- When a building owner or operator engages the services of a person to perform asbestos consulting or site surveillance activities, the building owner or operator shall contract with a person who is certified by the Division of Occupational Safety and Health pursuant to regulations required by subdivision (b) of Section 9021.5 of the Labor Code.
- The survey shall include one of the following:
- The results of sampling and laboratory analysis of the asbestos content of all suspect asbestos-containing materials, or
- The reason the material is believed to contain asbestos by the person performing the survey.
- When a stationary structure is demolished under an ordered demolition, the survey must be done after demolition but prior to handling, loading or removal of any demolition debris.
301.2 ACTIVITY PRIOR TO REMOVAL: RACM shall be removed from any stationary structure subject to this Rule before any activity occurs that would disturb the RACM or that would preclude access to such materials for subsequent removal. Removal of RACM which is encased in concrete or other similar structural materials is not required prior to demolition, but such material shall be adequately wetted whenever exposed during demolition.
301.3 EXEMPTIONS TO THE WETTING REQUIREMENT: RACM shall be adequately wetted during stripping or removing except as provided below:
- FREEZING TEMPERATURES: The wetting requirements of this section are suspended when the temperature at the point of wetting is below 0 degrees C (32 degrees F). When RACM is not wetted due to freezing temperatures, such material on elements shall, to the maximum extent possible, be removed as units or in sections prior to wrecking. In no case shall the requirements of Sections 301.8.b, 301.8.c, 301.8.d, or 301.8.e be suspended due to freezing temperatures.
- During periods when wetting operations are suspended due to freezing temperatures, the owner or operator must record the temperature in the work area at the beginning, middle and end of each workday and keep daily temperature records available for inspection by the Air Pollution Control Officer during normal business hours at the demolition or renovation site. The owner or operator shall retain the temperature records for at least 2 years.
- EQUIPMENT DAMAGE: For renovations, isolation by physical barrier, local exhaust ventilation and collection systems may be used instead of wetting to prevent emissions of particulate asbestos materials to outside air when damage to equipment resulting from the wetting would be unavoidable. Upon request and supply of adequate information, the Air Pollution Control Officer will determine whether damage to equipment resulting from wetting to comply with the provisions of this paragraph would be unavoidable. Such local exhaust ventilation systems shall maintain the air in the isolated area at a pressure differential of a least minus 0.02 inches of water with respect to the area outside the barrier and shall filter the air from the isolated area with a HEPA filter or equivalent prior to exhausting to the outside air. There shall be no visible emissions to the outside air from such local exhaust ventilation and collection systems.
301.4 PHYSICAL BARRIERS: RACM being stripped or removed shall be isolated by physical barriers from the outside air to the extent feasible as determined by the Air Pollution Control Officer, except as provided in Section 301.9. Such barriers shall:
- VIEWING PORT: Include transparent viewing ports which allow observation, to the extent possible, of all stripping and removing of RACM from outside the barrier. Viewing ports must be accessible and have an unobstructed view of the interior at all times from the set up date to completion date.
- PRESSURE DIFFERENTIAL: Whenever the outside air is in contact with the air in any portion of the isolated area, utilize a local exhaust ventilation system, to the extent feasible as determined by the Air Pollution Control Officer, during stripping and removing, which shall maintain the air in the isolated area at a pressure differential of at least minus 0.02 inches of water with respect to the area outside the barrier. Any such local exhaust ventilation system shall filter the air from the isolated area with a HEPA filter or equivalent, prior to exhausting to the outside air.
301.5 POSTING: All points of entry to a demolition or renovation subject to Section 301 shall display signs with the following legend, which is easily read by the public. The warning signs shall, at a minimum, conform to the requirements of 20" x 14" upright format signs specified by OSHA and this paragraph.
ASBESTOS DUST HAZARD
AVOID BREATHING DUST
301.6 REMOVAL IN SECTIONS: RACM may be removed as units or in sections provided the RACM exposed during cutting or disjointing is adequately wetted during the cutting or disjointing operation. Such units shall not be dropped or thrown to the ground, but shall be carefully lowered to ground level.
301.7 ORDERED DEMOLITION: The owner or operator of an ordered demolition shall adequately wet the portion of the structure being demolished that contains RACM during the wrecking operation.
301.8 MAINTENANCE OF REMOVED RACM - WASTE HANDLING: All RACM that has been removed or stripped shall be:
- Kept adequately wetted at all times;
- Transported to the ground via dust-tight chutes if it has been removed or stripped more than 50 feet above the ground, except material removed as units or in sections;
- Stored in transparent, leak-tight containers;
- Labeled with the name of the waste generator and the location at which the waste was generated; and
- Stored in a secured and locked area until collected for transport to a waste disposal site operated in accordance with the provisions of Section 310 of this Rule.
301.9 GLOVEBAG: The requirement for physical barriers and local exhaust ventilation systems shall not apply when the stripping or removal is accomplished exclusively with a glovebag technique.
301.10 ON-SITE REPRESENTATIVE: No RACM shall be stripped or removed unless at least one on-site representative, such as a foreman or management-level person or other authorized representative, certifies that he or she is familiar with the provisions of this Rule as it pertains to demolition and renovation, and the means of compliance, and is present during all stripping and removing of RACM. The required training shall, at a minimum, include Asbestos Hazard Emergency Response Act (AHERA) certification, which meets the U.S. Environmental Protection Agency, 40CFR, Part 763, Subpart E. Certification documents shall be on the project site and presented to the Air Pollution Control Officer upon request. Training shall include the following:
- Material identification;
- Control procedures for removals, including:
- Local exhaust ventilation;
- Negative pressure enclosures;
- Glovebag procedures; and
- HEPA filters.
- Waste disposal work practices;and
- Reporting and record keeping requirements.
301.11 INTENTIONAL BURNING: If demolition is accomplished by intentional burning, all RACM, including Category I and Category II nonfriable asbestos-containing material, shall be removed in accordance with Section 301 before burning.
301.12 RACM DISCOVERED AFTER DEMOLITION: If RACM is discovered after demolition begins and cannot be safely removed, all of the asbestos- contaminated debris shall be treated as asbestos-containing waste material.
301.13 EMERGENCY RENOVATION: An emergency renovation shall be approved by the Air Pollution Control Officer or the EPA Administrator prior to the initiation of work and shall apply only to the abatement of the immediate hazard.
302 WASTE DISPOSAL FOR DEMOLITION, RENOVATION, MANUFACTURING, FABRICATING, AND SPRAYING OPERATIONS: The owner or operator of any source subject to the provisions of Sections 301, 303, 304, or 305 of this Rule shall meet the following standards:
302.1 There shall be no visible emissions to the outside air, except as provided in Section 311 of this Rule, during the collection, processing (including incineration), packaging, transportation, or disposition of any asbestos-containing waste material which is generated by such source.
302.2 All asbestos-containing waste material shall be deposited at waste disposal sites operated in accordance with the provisions of Section 310 and shall be labeled with the name of the waste generator and the location at which the waste was generated.
302.3 An owner or operator may elect to use any of the disposal methods specified under Subsections a., b. or c. of this Section or any alternative disposal method which has received prior approval by the Air Pollution Control Officer.
- Treatment of asbestos-containing waste material with water:
- Control device asbestos waste shall be thoroughly mixed with water into a slurry, and other asbestos-containing waste material shall be adequately wetted, and,
- After wetting, all asbestos-containing waste material shall be sealed into leak-tight containers while wet, and such containers shall be deposited at waste disposal sites operated in accordance with the provisions of Section 310. The containers shall be labeled with a warning label that states:
AVOID OPENING OR BREAKING CONTAINER
BREATHING ASBESTOS IS HAZARDOUS TO YOUR HEALTH
Alternatively, warning labels specified by the Occupational Safety and Health Administration may be used. All waste shall be labeled with the name of the waste generator and the location at which the waste was generated.
b. Processing of asbestos-containing waste material into nonfriable forms:
- All asbestos-containing waste material shall be formed into nonfriable pellets or other shapes and deposited at waste disposal sites operated in accordance with the provisions of Section 310 and shall be labeled with the name of the waste generator and the location at which the waste was generated.
- For the purposes of Section 302, the term "asbestos-containing waste material", as applied to demolition and renovation operations covered by Section 301 of this Rule, includes RACM and control device asbestos waste.
c. Conversion of RACM and asbestos-containing waste material into non-asbestos (asbestos-free) material:
- Each owner or operator of a conversion operation shall comply with Sections 401.6 and 501.1 of this Rule.
- Discharge no visible emissions to the outside air from any part of the operation or use methods specified in Section 311 to remove particulate asbestos material before venting to the outside air.
302.4 For demolitions where the RACM is not removed prior to demolition pursuant to Section 301.8, the asbestos-containing waste material shall be kept adequately wetted at all times after demolition, during handling and loading and shall be sealed in leak-tight containers for transport to a disposal site. 302.5 All asbestos-containing waste material shall be properly disposed of in compliance with this Rule within 90 days of the date generated. 302.6 All vehicles used to transport asbestos-containing waste material shall be marked during the loading and unloading of waste. The signs shall be visible and shall:
- Be displayed in such a manner that a person can easily read the legend;
- Be 20" by 14" upright format signs; and
- Display the following legend in a style and size at equal to one inch Sans Serif, Gothic, or Block. Spacing between any two lines shall be at least equal to the height of the upper of the two lines. The signs shall state:
ASBESTOS DUST HAZARD
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
302.7 All asbestos-containing waste material transported off the facility site shall meet all of the following requirements:
- Maintain a waste shipment record, including the following information:
- The name, address, and telephone number of the waste generator;
- The name and address of the local Air Quality Management District in which the waste was generated;
- The approximate amount of waste in cubic yards;
- The name and telephone number of the disposal site operator;
- The name and physical location of the disposal site;
- The date transported;
- The name, address, and telephone number of the transporter(s); and
- 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;
- Provide a copy of the waste shipment record referenced in Section 302.7.a. to the disposal site owner or operator at the same time the asbestos-containing waste material is delivered to the disposal site.
- Contact the transporter and/or the owner or operator of the disposal site to determine the status of the waste shipment, if the waste shipment record referenced in Section 302.7.a., 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.
- Provide a written report to the Air Pollution Control Officer if a copy of the waste shipment record referenced in Section 302.7.a., signed by the owner or operator of the disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. The following information shall be included:
- A copy of the waste shipment record referenced in Section 302.7.a for which a confirmation of delivery was not received; and
- A letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts;
- Retain, for at least 2 years, a copy of all waste shipment records including a copy of the waste shipment record, referenced in Section 302.7.a., signed by the owner or operator of the designated waste disposal site, and provide a copy to the Air Pollution Control Officer upon request.
303 MANUFACTURING: No person shall discharge visible emissions to the outside air through an exhaust stack, or from any building or structure in which the following materials are manufactured, or directly from the manufacture of these materials if they are manufactured outside of buildings or structures. This provision shall not apply to air cleaning pursuant to Section 311.
303.1 Cloth, cord, wicks, tubing tape, twine, rope, thread, yarn, roving, lap or other textile materials.
303.2 Cement products.
303.3 Fireproofing and insulating materials.
303.4 Friction products.
303.5 Paper, millboard, and felt.
303.6 Floor tile.
303.7 Paints, coatings, caulks, adhesives and sealants.
303.8 Plastics and rubber materials.
303.10 Shotgun shells.
303.11 Asphalt concrete.
303.12 Rocket motors, engines and components.
304 FABRICATING: There shall be no visible emissions to the outside air, except as provided in Section 311 from any of the following operations if they use commercial asbestos or from any building or structure in which such operations are conducted.
304.1 The fabrication of cement building products.
304.2 The fabrication of friction products, except those operations that primarily install asbestos friction materials on motor vehicles.
304.3 The fabrication of cement or 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.
305 SPRAYING: There shall be no visible emissions to the outside air from the spray-on application of asbestos-containing materials used to insulate or fireproof equipment and machinery, except as provided in Section 311. Spray-on materials used to insulate or fireproof buildings, structures, pipes, and conduits shall contain less than 1 percent asbestos as determined according to the method specified in Section 501.2.
306 INSULATING: Molded insulating materials which are friable and wet-applied insulating materials which are friable after drying, and which are installed or reinstalled after May 31, 1989, shall contain no commercial asbestos. The provisions of this paragraph do not apply to insulating materials which are spray applied. Such materials are regulated under Section 305.
307 ROADWAYS: The surfacing of roadways with asbestos-containing waste material is prohibited except for temporary roadways on an area of asbestos ore deposits. The deposition of asbestos tailings on roadways covered with snow or ice is considered "surfacing."
308 ASBESTOS MILLS: No person shall discharge visible emissions to the outside air from any asbestos mill except when air-cleaning is elected as provided in Section 311.
309 WASTE DISPOSAL FOR ASBESTOS MILLS: The owner or operator of any source covered under the provisions of Section 308 of this Rule shall meet the following standards.
309.1 There shall be no visible emissions to the outside air, except as provided in Section 309.3 of this Rule, during the collection, processing, packaging, transporting or disposition of any asbestos-containing waste material which is generated by such source;
309.2 All asbestos-containing waste material shall be deposited at waste disposal sites which are operated in accordance with the provisions of Section 310;
309.3 Rather than meet the requirements of Section 309.1 of this Rule, an owner or operator may elect to meet the following requirements specified in Subsections a., b. and c.:
- There shall be no visible emissions to the outside air from transfer of control device asbestos waste to the tailings conveyor, except as provided in Section 311. Such waste shall be subsequently processed either as specified in Section 309.3.b or as specified in Section 302.3 of this Rule.
- Prior to disposition at a waste disposal site, all asbestos-containing waste material shall be adequately mixed with a wetting agent recommended by the manufacturer of the agent to effectively wet dust and tailings. Such agent shall be used as recommended for the particular dust by the manufacturer of the agent. There shall be no discharge of visible emissions to the outside air from the wetting operation except as specified in Section 311. Wetting may be suspended when the ambient temperature at the waste disposal site is less than 0 degrees C (32 degrees F). The ambient air temperature shall be determined by an appropriate measurement method with an accuracy of plus, minus 1o C (plus, minus 2oF) and recorded at least at hourly intervals during the period that the operation of the wetting system is suspended. Records of such temperature measurements shall be retained at the source for a minimum of two years and made available for inspection by the Air Pollution Control Officer.
- Use an alternative emission control and waste treatment method that has received prior written approval of the Air Pollution Control Officer. A written application shall be submitted to the Air Pollution Control Officer demonstrating that the following requirements have been met:
- The asbestos emissions shall be controlled by the alternative method in a manner equivalent to currently required methods;
- The alternative method shall be suitable for the intended application; and
- The alternative method shall not violate other applicable rules, regulations or laws.
309.4 When waste is transported by vehicle to a disposal site, all the requirements set forth in Section 302.6 shall be met.
309.5. For off-site disposal, all the requirements set forth in Section 302.7 shall be met.
310 WASTE DISPOSAL SITES: The owner of any inactive waste disposal site, which was operated by sources covered under Sections 301, 303, or 306 and where asbestos-containing waste material produced by such sources was deposited, and an owner of an active waste disposal site which accepted waste from sources covered under Sections 301, 303, 304, 305, 308, and 502.3, shall meet the following standards:
310.1 There shall be no visible emissions to the outside air from any waste disposal site subject to this paragraph, except as provided in Section 310.5 or Section 310.6 of this Rule;
310.2 Warning signs shall be displayed at all entrances and along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material was deposited, at intervals of 330 feet or less, except as specified in Section 310.4 of this Rule. Signs shall be posted in such a manner and location that a person may easily read the legend. The warning signs required by this paragraph shall conform to the requirements of 20" x 14" upright format signs specified by OSHA and this paragraph. The signs shall display the following legend in the lower panel, with letter sizes and styles of a visibility at least equal to those specified in this Section 310.2. Spacing between lines shall be at least equal to the height of the upper of the two lines.
ASBESTOS WASTE DISPOSAL SITE
DO NOT CREATE DUST
BREATHING ASBESTOS IS HAZARDOUS TO YOUR HEALTH
1" Sans Serif, Gothic or Block
3/4" Sans Serif, Gothic or Block
14 Point Gothic
310.3 The perimeter of the site shall be fenced in a manner adequate to deter access by the general public, except as specified in Section 310.4 of this Rule.
310.4 Warning signs and fencing are not required where the requirements of Sections 310.5.a. or 310.5.b. of this Rule are met, or where a natural barrier adequately deters access by the general public. Upon request and supply of appropriate information, the Air Pollution Control Officer will determine whether a fence or a natural barrier adequately deters access to the general public.
310.5 Rather than meet the requirement of Section 310.1, an owner or operator of an inactive waste disposal site where asbestos-containing waste material has been deposited may elect to meet the requirements of this paragraph or may use an alternative control method for emissions from inactive waste disposal sites which has received prior approval by the Air Pollution Control Officer.
- The asbestos-containing waste material shall be covered with at least six inches of compacted non-asbestos-containing material, and a cover of vegetation shall be grown and maintained on the area adequate to prevent exposure of the asbestos-containing waste material;
- The asbestos-containing waste material shall be covered with at least two feet of compacted non-asbestos-containing material and maintained to prevent exposure of the asbestos-containing waste; or
- For inactive waste disposal sites for asbestos tailings, a resinous or petroleum-based dust suppression agent which affectively binds dust and controls wind erosion shall be applied. Such agent shall be used as recommended for the particular asbestos tailings by the dust suppression agent manufacturer. Other equally effective dust suppression agents may be used upon prior approval by the Air Pollution Control Officer. For purposes of this paragraph, waste crankcase oil is not considered a dust suppression agent.
310.6 Rather than meet the requirement of Section 310.1 of this Rule, an owner or operator of an active waste disposal site may elect to meet the requirements of Sections 310.6.a 310.6.b of this rule or may use an alternative control method for emissions from active waste disposal sites which has received prior approval by the Air Pollution Control Officer.
- 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 which was deposited at the site during the operating day or previous 24-hour period shall be covered with at least six inches of compacted non-asbestos-containing material.
- At the end of each operating day, or at least once every 24-hour period while the disposal site is in continuous operation, the asbestos-containing waste material which was deposited at the site during the operating day of the previous 24-hour period shall be covered with a resinous or petroleum-based dust suppression agent which effectively binds dust and controls wind erosion. Such agent shall be used as recommended for the particular dust by the dust suppression agent manufacturer. Other equally effective dust suppression agents may be used upon prior approval by the Air Pollution Control Officer. For purposes of this section, waste crankcase oil is not considered a dust suppression agent.
311 EXCEPTIONS TO VISIBLE EMISSION STANDARD:
311.1 Rather than meet the no-visible-emission requirements as specified by Sections 302, 303, 304 or 308, an owner or operator may elect to use air cleaning to clean emissions containing particulate asbestos material before such emissions escape to, or are vented to, the outside air. If air cleaning is elected, the following requirements shall apply:
- Fabric filter collection devices shall be used, except as noted in Subsections 311.1.b, 311.1.c, or 311.d. Such devices shall be operated at a pressure drop of no more than four inches water gauge, as measured across the filter fabric. The airflow permeability, as determined by ASTM method D737-69 the test method referenced in Section 501.4, must not exceed 30ft3/min/ft2 for woven fabrics or 35 ft3/min/ft2 for felted fabrics, except that 40 ft3/min/ft2 for woven and 45 ft3/min/ft2 for felted fabrics is allowed for filtering air from asbestos ore dryers. Each square yard of felted fabric must weigh at least 14 ounces and be at least one-sixteenth inch thick throughout. Synthetic fabrics must not contain fill yarn other than that which is spun.
- If the use of fabric filters creates a fire or explosion hazard, the Air Pollution Control Officer may authorize the use of wet collectors designed to operate with a unit contacting energy of at least 40 inches water gauge pressure.
- A HEPA filtration system may be used in place of a fabric filter collection device. If a new HEPA filter is used, it shall be certified by the manufacturer to be at least 99.97% efficient for 0.3 micron particles.
- The Air Pollution Control Officer may authorize the use of filtering equipment other than that described in Section 311.1, if the owner or operator demonstrates to the satisfaction of the Air Pollution Control Officer that the filtering of particulate asbestos material is equivalent to that of the described equipment.
- All air-cleaning equipment authorized by this Rule shall be properly installed, used, operated, and maintained. 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.
400 ADMINISTRATIVE REQUIREMENTS
401 REPORTING: The owner or operator of any source to which this Rule is applicable shall provide the following information to the Air Pollution Control Officer:
401.1 For any demolition or renovation, a written plan of intention to demolish or renovate shall be provided to the Air Pollution Control Officer in the following manner:
- Delivery of the original plan shall be by the U.S. Postal service, commercial delivery service, or hand delivered by an agent of the owner or operator.
- Postmark or delivery of the original plan shall be as follows:
- At least ten working days prior to commencement of setup for demolition or planned renovation; or
- At least twenty-four hours prior to commencement of ordered demolition; or
- As early as possible prior to commencement of emergency renovation; or
- As soon as possible after demolition begins due to burning.
- Such plan shall be filed in the manner and form prescribed by the Air Pollution Control Officer, accompanied by the appropriate plan fee, if any. An individual plan shall be submitted for each renovation or demolition area where separate physical barriers are required, pursuant to Section 301.4, and with a separate setup, start, and completion date.
- The plan shall include all of the following information:
- Designation that the plan is the original or a revision.
- Name, address and telephone numbers of both the owner and the operator of the demolition or renovation.
- Description of the structure being demolished or renovated, including the size, number of floors, age of the oldest portion, and present and prior use of the structure.
- Estimate of the approximate amount of RACM to be removed from the structure or portion thereof, in terms of length of pipe in linear feet, surface area in square feet, or volume in cubic feet if the material is not attached to facility components.
- Estimate of the approximate amount of Category I and Category II nonfriable asbestos-containing material that will not be removed before demolition.
- The procedure used, including the analytical laboratory method employed, to locate and identify the presence of RACM and Category I and Category II nonfriable asbestos-containing material. A copy of the survey report shall be provided upon request for review by the Air Pollution Control Officer.
- Address and location (including building number or name and floor or room number, as applicable) of each structure where demolition or renovation will occur.
- Scheduled starting date of setup, scheduled starting date of demolition or renovation, and scheduled completion date of demolition or renovation.
- Description of planned demolition or renovation and method(s) to be employed.
- Description of work practice and engineering controls to be used including emission control procedures for asbestos removal and waste handling.
- The name and address and location of the waste disposal site where the asbestos-containing waste material will be deposited.
- A copy of the order to demolish including the name, title, and authority of the state or local governmental representative who has ordered a demolition.
- Certification that at least one person, trained as required by Section 301.10, will supervise the stripping and removing described in this plan.
- Description of the procedures to be followed in the event that unexpected RACM is found or Category II nonfriable asbestos-containing material becomes friable.
- For emergency renovations described in Section 216, the date and hour that the emergency occurred, a description of the sudden, unexpected event, the name of the person who determined the situation to be an emergency, and an explanation of how the event constitutes an unsafe condition, or would cause equipment damage.
- Name, address and telephone number of the waste transporter.
- For purposes of determining whether a planned renovation constitutes a renovation within the meaning of this section, the period shall not be less than 30 days and not longer than one year, beginning January 1 and ending December 31.
- An emergency renovation shall include only the amount of RACM that must be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation.
- No demolition or renovation shall begin or be completed on a date other than the date contained in the written plan, unless the owner or operator submits a written revision. Any revision made to the setup, start, or completion date must be delivered, facsimiled or postmarked to the Air Pollution Control Officer, on or prior to the latest reported corresponding date. Any revision to the setup date shall be postmarked or delivered at least 10 working days before set up work begins.
- Whenever a demolition or renovation, subject to Section 301, extends 30 days or more beyond the actual date when setup was first commenced, the owner or operator shall report in writing every 30 days the following to the Air Pollution Control Officer:
- The amount of RACM removed as of the time of the report.
- The amount of RACM remaining to be removed as of the time of the report.
401.2 A description of the emission control equipment used for each process.
401.3 If a fabric filter device is used to control emissions, the pressure drop across the fabric filter in inches water gauge.
- If the fabric filter device utilizes a woven fabric, the airflow permeability in ft3/min/ft2,and, if the fabric is synthetic, indicate whether the fill yarn is spun or not spun.
- If the fabric filter device utilizes a felted fabric, the density in oz/yd2, the minimum thickness in inches, and the air flow permeability in ft3/min/ft2.
401.4 For waste disposal operations subject to Sections 302 and 309:
- A brief description of each process that generates asbestos-containing waste material;
- The average weight of asbestos-containing waste material disposed of, measured in kg/day;
- The emission control methods used in all stages of waste disposal;
- 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.
401.5 For inactive waste disposal sites subject to Section 310:
- A brief description of the site; and
- The method or methods used to comply with the standard, or alternative procedures to be used.
401.6 To obtain approval for a conversion operation pursuant to Section 302.3.c, the owner or operator shall provide the Air Pollution Control Officer with the following:
- An application for Authority to Construct, pursuant to that specified in Regulation 2 of the District Rules and Regulations, and including the following:
- Description of waste feed handling and temporary storage;
- Description of process operating conditions;
- Description of the handling and temporary storage of the end product;
- Description of the protocol to be followed when analyzing output materials by TEM as described in Section 501.3;
- A demonstration of the conversion process, upon request of the Air Pollution Control Officer; and
- A protocol for the start-up performance test and a schedule by which the operating parameters shall be monitored pursuant to Section 501.1.
- A report for each analysis of product composite samples performed during the initial 90 days of operation.
- A quarterly report, including the following information concerning activities during each consecutive 3 month period:
- Results of analyses of monthly product composite samples;
- A description of any deviation from the operating parameters, its duration, and the corrective action;
- Disposition of any products produced during a period when the operating parameters were outside the range indicative of asbestos-free; and
- Information on waste disposal activities as required in Section 310.
401.7 Any owner or operator who intends to spray asbestos-containing material for the purpose of insulating or fireproofing equipment and machinery shall report such intention to the Air Pollution Control Officer at least 20 days prior to the commencement of the spraying operation. Such report shall include the following information:
- Name of owner or operator;
- Address of owner or operator;
- Location of spraying operation; and
- Procedures to be followed to meet the requirements of Section 305.
401.8 The owner or operator of an active waste disposal site referenced in Section 310 shall notify the Air Pollution Control Officer 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 shall be provided to the Air Pollution Control Officer at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original plan. The notice shall include:
- Scheduled starting and completion dates;
- Reasons for disturbing the waste;
- Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material; and
- Location of any temporary storage site and the final disposal site.
500 MONITORING AND RECORDS:
501 TESTING PROCEDURE
501.1 CONVERSION FACILITY: To obtain approval for a conversion facility referenced in Section 302.3.c. of this Rule, the owner or operator shall:
- Conduct a start-up performance test. The test shall include:
- A detailed description of the types and quantities of non-asbestos 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;
- Results of analyses that document the asbestos content of the wastes processed, using the method specified in Section 501.2;
- Results of the analyses, using the TEM method described in Section 501.3, that document that the output materials are free of asbestos. Samples for analysis are to be collected as 8-hour composite samples, beginning with the initial introduction of RACM or asbestos-containing waste material and continuing until the end of the performance test;
- A description of operating parameters, such as temperatures and residence time, defining the full range over which the process is expected to operate, and the limits for each operating parameter within which the process will produce non-asbestos (asbestos-free) materials; and
- The length of the test.
- During the initial 90 days of operation the owner or operator shall:
- Monitor and log, according to a schedule approved by the Air Pollution Control Officer, the operating parameters identified during start-up performance tests;
- Verify that the input materials are as described during start-up performance tests;
- Collect and analyze samples, taken as 10-day composite samples (200 gram or 7 ounce sample collected every 8 hours of operation) of all output material for the presence of asbestos. The TEM method referenced in Section 501.3 shall be used to analyze the output material for the presence of asbestos;
- All output material shall be stored on-site until analysis shows the material to be asbestos-free or disposed of as asbestos-containing waste according to Section 302 of this rule.
- After the initial 90 days of operation:
- 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 established operating conditions shall be:
- Disposed of as asbestos-containing waste according to Section 302 of this Rule; or
- Recycled as waste feed during a time when the process is operating within the established range of operating conditions.
- Stored temporarily on-site in a leak-tight container until analyzed for asbestos content. After being tested, any material that is not asbestos-free shall either be disposed of as asbestos-containing waste material or recycled as waste feed to the process.
- Collect and analyze monthly composite samples as in Section 501.1.b.(3) of this Rule.
501.2 ASBESTOS CONTENT - POLARIZED LIGHT MICROSCOPY: Asbestos content shall be determined using the method specified in Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy. If the asbestos content is less than 10 percent, verification shall be made using the point counting method specified in Appendix A, Subpart F, 40 CFR Part 763, Section 184.108.40.206, Polarized Light Microscopy, Quantification of Asbestos Content.
501.3 ASBESTOS CONTENT - TEM: When so indicated, asbestos content shall be determined using the National Institute of Standards and Technology (NIST) approved Transmission Electron Microscopy (TEM) method.
501.4 FABRIC FILTERS: The airflow permeability of fabric filters shall be determined by ASTM method D737-69.
502 RECORDKEEPING: A person subject to this Rule shall maintain all records required by this Rule for two years and make the records available for review by the Air Pollution Control Officer upon request.
502.1 FOR ASBESTOS MILLS OR MANUFACTURING OR FABRICATING OPERATIONS: Each owner or operator meet the following requirements:
- Monitor each potential source of asbestos emissions from any part of the mill, manufacturing, or fabricating facility, including air cleaning devices, process equipment, and buildings that house equipment for material processing and handling, at least once each day, during daylight hours, for visible emissions to the outside air during periods of operation. The monitoring shall be visual observation of at least 15 seconds duration per source of emissions, utilizing the procedure specified in EPA Method 9. The certification requirements for Method 9 do not apply.
- Inspect each air cleaning device at least once each week for proper operation and maintenance, 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 weekly, submit a written maintenance plan to the Air Pollution Control Officer including but not limited to the following:
- Maintenance Schedule;
- Record keeping plan;
- Maintenance records of the results of visible emissions monitoring and air cleaning device inspections including the following;
- Date and time of each inspection;
- Presence or absence of visible emissions;
- Condition of fabric filters, including presence of tears, holes and abrasions;
- Presence of dust deposits on clean side of filter;
- Brief description of corrective actions taken, including date and time; and
- Daily hours of operation for each air cleaning device.
- On a quarterly basis, submit a copy of visible emissions monitoring records if visible emissions occurred during the reporting period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter.
502.2 ACTIVE WASTE DISPOSAL SITES: For all asbestos-containing waste material received, the owner or operator shall:
- Maintain waste shipment records, including the following information:
- The name, address and telephone number of the waste generator;
- The name, address and telephone number of the transporter(s);
- The quantity of the asbestos-containing waste material in cubic yards;
- The presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers. If this condition exists, report in writing to the Air Pollution Control Officer by the following working day. Submit a copy of the waste shipment record along with the report; and
- The date of receipt.
- Send a copy of the signed waste shipment record to the waste generator as soon as possible and no longer than 30 days after the receipt of the waste.
- Upon discovering a discrepancy between the quantity of asbestos-containing waste material noted in 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 Air Pollution Control Officer. The report shall describe the discrepancy and attempts to resolve it, and a copy of the waste shipment record.
- Maintain, until closure, records of the location, depth and area, and the quantity in cubic yards of asbestos-containing waste material within the disposal site on a map or diagram of the disposal area.
- Upon closure of the facility, submit a copy of records of asbestos waste disposal locations and quantities.
502.3 CONVERSION OPERATIONS: The owner or operator shall maintain the following records:
- Results of the start-up performance testing and all subsequent performance testing, including operating parameters, feed characteristics and analyses of output materials;
- Results of the composite analyses required in Section 501.1.b.(3) and 501.1.c.(2);
- Results of the continuous monitoring and logs of process operating parameters required in Sections 501.1.b.(1) and 501.1.c.(1);
- The waste shipment records including the information required in Section 502.2.a. for all asbestos-containing waste received;
- The name and location of the purchaser or disposal site and the date of sale or deposit for output materials.