Chapter NR 447

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(42) (42) “Waste shipment record” means the shipping document, required under s. NR 447.12 (5) (a), 447.13 (4) (a) or 447.17 (5) (a) to be originated and signed by the waste generator, used to track and substantiate the disposition of 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 NR 447.03 Asbestos mills.

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)(b)1. 1. Maintenance schedule.

NR 447.03(2)(b)2. 2. Recordkeeping plan.

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)1. 1. Date and time of each inspection.

NR 447.03(2)(c)2. 2. Presence or absence of visible emissions.

NR 447.03(2)(c)3. 3. Condition of fabric filters, including presence of any tears, holes and abrasions.

NR 447.03(2)(c)4. 4. Presence of dust deposits on clean side of fabric filters.

NR 447.03(2)(c)5. 5. Brief description of corrective actions taken, including date and time.

NR 447.03(2)(c)6. 6. Daily hours of operation for each air cleaning device.

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 NR 447.04 Roadways.

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 NR 447.05 Manufacturing.

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.

NR 447.05(1)(b) (b) The manufacture of cement products.

NR 447.05(1)(c) (c) The manufacture of fireproofing and insulating materials.

NR 447.05(1)(d) (d) The manufacture of friction products.

NR 447.05(1)(e) (e) The manufacture of paper, millboard and felt.

NR 447.05(1)(f) (f) The manufacture of floor tile.

NR 447.05(1)(g) (g) The manufacture of paints, coatings, caulks, adhesives and sealants.

NR 447.05(1)(h) (h) The manufacture of plastics and rubber materials.

NR 447.05(1)(i) (i) The manufacture of chlorine utilizing asbestos diaphragm technology.

NR 447.05(1)(j) (j) The manufacture of shotgun shell wads.

NR 447.05(1)(k) (k) The manufacture of asphalt concrete.

NR 447.05(2) (2) Standard. Each owner or operator of any of the manufacturing operations to which this section applies shall:

NR 447.05(2)(a) (a) Control emissions by doing either of the following:

NR 447.05(2)(a)1. 1. Discharge no visible emissions to the outside air from these operations or from any building or structure in which they are conducted or from any other fugitive sources; or

NR 447.05(2)(a)2. 2. Use the methods specified by s. NR 447.15 to clean emissions from these operations containing particulate asbestos material before they escape to, or are vented to, the outside air.

NR 447.05(2)(b) (b) Monitor each potential source of asbestos emissions from any part of the manufacturing facility, including air cleaning devices, process equipment and buildings housing material processing and handling equipment, at least once each day during daylight hours for visible emissions to the outside air during periods of operation. The monitoring shall be by visual observation of at least 15 seconds duration per source of emissions.

NR 447.05(2)(c) (c) Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the department, and revise as necessary, a written maintenance plan to include, at a minimum, the following:

NR 447.05(2)(c)1. 1. Maintenance schedule.

NR 447.05(2)(c)2. 2. Recordkeeping plan.

NR 447.05(2)(d) (d) Maintain records of the results of visible emission monitoring and air cleaning device inspections in a format acceptable to the department and include the following:

NR 447.05(2)(d)1. 1. Date and time of each inspection.

NR 447.05(2)(d)2. 2. Presence or absence of visible emissions.

NR 447.05(2)(d)3. 3. Condition of fabric filters, including presence of any tears, holes and abrasions.

NR 447.05(2)(d)4. 4. Presence of dust deposits on clean side of fabric filters.

NR 447.05(2)(d)5. 5. Brief description of corrective actions taken, including date and time.

NR 447.05(2)(d)6. 6. Daily hours of operation for each air cleaning device.

NR 447.05(2)(e) (e) 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 447.05(2)(f) (f) Retain a copy of all monitoring and inspection records for at least 2 years.

NR 447.05(2)(g) (g) Submit quarterly a copy of the 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 447.05 History History: Cr. Register, October, 1992, No. 442, eff. 11-1-92.

NR 447.06 NR 447.06 Demolition and renovation; applicability.

NR 447.06(1) (1) Pre-inspection. To determine which requirements of this section and ss. NR 447.07 and 447.08 apply to the owner or operator of a demolition or renovation activity, the owner or operator shall, 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.

NR 447.06(2) (2) Applicability. The requirements of ss. NR 447.07 and 447.08 apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows:

NR 447.06(2)(a) (a) In a facility being demolished, all the requirements of ss. NR 447.07 and 447.08 apply, except as provided in par. (c), if the combined amount of RACM meets any of the following:

NR 447.06(2)(a)1. 1. At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components; or

NR 447.06(2)(a)2. 2. At least one cubic meter (35 cubic feet) off of facility components where the length or area could not be measured previously.

NR 447.06(2)(b) (b) In a facility being demolished, only the notification requirements of ss. NR 447.07 (1), (2), (3) (a) and (d), and (4) (a) to (g), (i) and (p) apply if the combined amount of RACM meets all of the following:

NR 447.06(2)(b)1. 1. Less than 80 linear meters (260 linear feet) on pipes and less than 15 square meters (160 square feet) on other facility components; and

NR 447.06(2)(b)2. 2. Less than one cubic meter (35 cubic feet) off of facility components where the length or area could not be measured previously or there is no asbestos.

NR 447.06(2)(c) (c) If the facility is being demolished under an order of a state or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, only the requirements of ss. NR 447.07 (1), (2), (3) (c), (4) (a) to (g) and (i) to (q) and 447.08 (4) to (9) apply.

NR 447.06(2)(d) (d)

NR 447.06(2)(d)1. 1. In a facility being renovated, including any individual nonscheduled renovation operation, all the requirements of ss. NR 447.07 and 447.08 apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled or similarly disturbed meets any of the following:

NR 447.06(2)(d)1.a. a. At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components; or

NR 447.06(2)(d)1.b. b. At least one cubic meter (35 cubic feet) off of facility components where the length or area could not be measured previously.

NR 447.06(2)(d)2. 2. To determine whether this paragraph applies to planned renovation operations involving individual nonscheduled renovation operations, the owner or operator shall predict the combined additive amount of RACM to be removed or stripped during a calendar year.

NR 447.06(2)(d)3. 3. To determine whether this paragraph applies to emergency renovation operations, the owner or operator shall estimate the combined amount of RACM to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation.

NR 447.06 History History: Cr. Register, October, 1992, No. 442, eff. 11-1-92; correction in (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1993, No. 449.

NR 447.07 NR 447.07 Demolition and renovation; notification requirements. Each owner or operator of a demolition or renovation activity to which this chapter applies shall:

NR 447.07(1) (1) Provide the department 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.