Ch. NR 447 Note
Note: Chapter NR 447 as it existed on October 31, 1992 was repealed and a new chapter NR 447 was created effective November 1, 1992. Correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 1997, No. 493.
NR 447.01(1)
(1)
Applicability. This chapter applies to all air contaminant sources which may emit asbestos, to their owners and operators and to any person whose action causes the emission of asbestos to the ambient air.
NR 447.01(2)
(2) Purpose. This chapter is adopted under ss.
285.11,
285.13,
285.17 and
285.27, Stats., to establish emission limitations for asbestos air contaminant sources, to establish procedures to be followed when working with asbestos materials and to create additional reporting and recordkeeping requirements for owners or operators of asbestos air contaminant sources in order to protect air quality.
NR 447.01 Note
Note: This chapter is based on the federal regulations contained in
40 CFR part 61, Subpart M.
NR 447.01 History
History: Cr.
Register, October, 1992, No. 442, eff. 11-1-92.
NR 447.02
NR 447.02 Definitions. The definitions contained in
ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:
NR 447.02(1)(a)
(a) “Category I nonfriable ACM" means asbestos-containing packings, gaskets, resilient floor covering and asphalt roofing products containing more than 1% asbestos as determined using the method specified in Appendix E to Subpart E,
40 CFR part 763, section 1, Polarized Light Microscopy, incorporated by reference in
s. NR 484.04 (28), that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure.
NR 447.02(1)(b)
(b) “Category II nonfriable ACM" means any material, excluding Category I nonfriable ACM, containing more than 1% asbestos as determined using the method specified in Appendix E to 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.
NR 447.02(2)
(2) “Active waste disposal site" means any disposal site other than an inactive disposal site.
NR 447.02(3)
(3) “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.
NR 447.02(4)
(4) “Asbestos" means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite and actinolite-tremolite.
NR 447.02(5)
(5) “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 chapter. 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.
NR 447.02(6)
(6) “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.
NR 447.02(7)
(7) “Asbestos tailings" means any solid waste that contains asbestos and is a product of asbestos mining or milling operations.
NR 447.02(8)
(8) “Asbestos waste from control devices" means any waste material that contains asbestos and is collected by a pollution control device.
NR 447.02(9)
(9) “Commercial asbestos" means any material containing asbestos that is extracted from ore and has value because of its asbestos content.
NR 447.02(10)
(10) “Cutting" means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing or punching.
NR 447.02(11)
(11) “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.
NR 447.02(12)
(12) “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 non-routine failures of equipment.
NR 447.02(13)
(13) “Fabricating" means any processing, cutting, sawing or 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.
NR 447.02(14)
(14) “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 4 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 chapter is not excluded, regardless of its current use or function.
NR 447.02(15)
(15) “Facility component" means any part of a facility including equipment.
NR 447.02(16)
(16) “Friable asbestos material" means any material containing more than 1% asbestos as determined using the method specified in Appendix E to Subpart E,
40 CFR part 763, section 1, Polarized Light Microscopy, incorporated by reference in
s. NR 484.04 (28), that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure. If the asbestos content of the friable ACM is less than 10%, as determined by a method other than point counting by polarized light microscopy (PLM), the asbestos content shall be verified by point counting using PLM.
NR 447.02(17)
(17) “Fugitive source" means any source of emissions not controlled by an air pollution control device.
NR 447.02(18)
(18) “Glove bag" means a sealed compartment with attached inner gloves used for the handling of asbestos-containing materials.
NR 447.02 Note
Note: 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 OSHA's final rule on occupational exposure to asbestos in
29 CFR 1926.1101(g)(5)(ii) as in effect on July 1, 2002, incorporated by reference in s.
NR 484.03 (4).
NR 447.02(19)
(19) “Grinding" means to reduce to powder or small fragments and includes mechanical chipping or drilling.
NR 447.02(20)
(20) “In poor condition" means the binding of the material is losing its integrity as indicated by peeling, cracking or crumbling of the material.
NR 447.02(21)
(21) “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.
NR 447.02(22)
(22) “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.
NR 447.02(23)
(23) “Leak-tight" means designed or constructed so that solids or liquids, including dust, cannot escape or spill out.
NR 447.02(24)
(24) “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.“Malfunction" does not include failures of equipment if they are caused in any way by poor maintenance, careless operation or any other preventable upset conditions, equipment breakdown or process failure.
NR 447.02(25)
(25) “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, including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing.
NR 447.02(26)
(26) “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.
NR 447.02(27)
(27) “Nonfriable ACM" means any material containing more than 1% asbestos as determined using the method specified in Appendix E to Subpart E,
40 CFR part 763, section 1, Polarized Light Microscopy, incorporated by reference in
s. NR 484.04 (28), that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure.
NR 447.02(28)
(28) “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.
NR 447.02(29)
(29) “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.
NR 447.02(30)
(30) “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.
NR 447.02(31)
(31) “Particulate asbestos material" means finely divided particles of asbestos or asbestos-containing material.
NR 447.02(32)
(32) “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. “Planned renovation operations" includes individual nonscheduled renovation operations if a number of such operations can be predicted to occur during a given period of time based on operating experience.
NR 447.02(33)
(33) “Regulated asbestos-containing material" or “RACM" means:
NR 447.02(33)(c)
(c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting or abrading; or
NR 447.02(33)(d)
(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.
NR 447.02(34)
(34) “Remove" means to take out RACM or facility components that contain or are covered with RACM from any facility.
NR 447.02(35)
(35) “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.
NR 447.02 Note
Note: Operations in which load-supporting structural members are wrecked or taken out are demolitions.
NR 447.02(36)
(36) “Resilient floor covering" means asbestos-containing floor tile, including asphalt and vinyl floor tile and sheet vinyl floor covering containing more than 1% asbestos as determined using polarized light microscopy according to the method specified in Appendix E to Subpart E,
40 CFR part 763, section 1, Polarized Light Microscopy, incorporated by reference in
s. NR 484.04 (28).
NR 447.02(37)
(37) “Roadways" means surfaces on which vehicles travel. This term includes public and private highways, roads, streets, parking areas and driveways.
NR 447.02(38)
(38) “Strip" means to take off RACM from any part of a facility or facility component.
NR 447.02(39)
(39) “Structural member" means any load supporting member of a facility, such as beams and load supporting walls; or any non-load supporting member, such as ceilings and non-load supporting walls.
NR 447.02(40)
(40) “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.
NR 447.02(41)
(41) “Waste generator" means any owner or operator of a source covered by this chapter whose act or process produces asbestos-containing waste material.
NR 447.02(43)
(43) “Working day" means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.
NR 447.02 History
History: Cr.
Register, October, 1992, No. 442, eff. 11-1-92; am. (intro.), (1) (a), (16), (27), (36), r. (4),
Register, December, 1995, No. 480, eff. 1-1-96; am. (3),
Register, November, 1999, No. 527, eff. 12-1-99;
CR 02-097: renum. NR 445.02 (2) to be NR 447.02 (4), am. (intro.) Register June 2004 No. 582, eff. 7-1-04. NR 447.03(1)
(1) Each owner or operator of an asbestos mill shall either discharge no visible emissions to the outside air from that asbestos mill, including fugitive sources, or use the methods specified by
s. NR 447.15 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.
NR 447.03(2)
(2) Each owner or operator of an asbestos mill shall meet all of the following requirements:
NR 447.03(2)(a)
(a) Monitor each potential source of asbestos emissions from any part of the mill 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 by visual observation of at least 15 seconds duration per source of emissions.
NR 447.03(2)(b)
(b) Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunction, 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 section, submit to the department, and revise as necessary, a written maintenance plan to include, at a minimum, the following:
NR 447.03(2)(c)
(c) Maintain records of the results of visible emissions monitoring and air cleaning device inspections and include the following:
NR 447.03(2)(c)3.
3. Condition of fabric filters, including presence of any tears, holes and abrasions.
NR 447.03(2)(c)5.
5. Brief description of corrective actions taken, including date and time.
NR 447.03(2)(d)
(d) Furnish upon request, and make available at the affected facility during normal business hours for inspection by the department, all records required under this section.
NR 447.03(2)(e)
(e) Retain a copy of all monitoring and inspection records for at least 2 years.
NR 447.03(2)(f)
(f) Submit quarterly a copy of visible emission monitoring records to the department if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter.
NR 447.03 History
History: Cr.
Register, October, 1992, No. 442, eff. 11-1-92.
NR 447.04(1)
(1) Except as provided in
sub. (2) no person may construct or maintain a roadway with asbestos tailings or asbestos-containing waste material on that roadway.
NR 447.04(2)
(2) A person may use asbestos tailings in the construction or maintenance of a roadway only if any one of the following applies:
NR 447.04(2)(a)
(a) It is a temporary roadway on an area of asbestos ore deposits (asbestos mine).
NR 447.04(2)(b)
(b) It is a temporary roadway at an active asbestos mill site and is encapsulated with resinous or bituminous binder. The encapsulated road surface shall be maintained at a minimum frequency of once per year to prevent dust emissions.
NR 447.04(2)(c)
(c) It is encapsulated in asphalt concrete meeting the specifications contained in section 401 of Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-92, 1992, incorporated by reference in
s. NR 484.06 (3), or their equivalent.
NR 447.04 History
History: Cr.
Register, October, 1992, No. 442, eff. 11-1-92; am. (2) (c),
Register, December, 1995, No. 480, eff. 1-1-96.
NR 447.05(1)
(1)
Applicability. This section applies to the following manufacturing operations using commercial asbestos:
NR 447.05(1)(a)
(a) The manufacture of cloth, cord, wicks, tubing, tape, twine, rope, thread, yarn, roving, lap or other textile materials.
