Chapter NR 447

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.

NR 447.07(2) (2) Update the notice, as necessary, including when the amount of asbestos affected changes by at least 20%.

NR 447.07(3) (3) Postmark or deliver the notice as follows:

NR 447.07(3)(a) (a) 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 s. NR 447.06 (2) (a) or (d) 1. If the operation is as described in s. NR 447.06 (2) (b), notification is required 10 working days before demolition begins.

NR 447.07(3)(b) (b) At least 10 working days before the end of the calendar year preceding the year for which notice is being given for planned renovations referred to in s. NR 447.06 (2) (d) 2.

NR 447.07(3)(c) (c) As early as possible before, but not later than, the following working day if the operation is a demolition ordered according to s. NR 447.06 (2) (c) or if the operation is an emergency renovation referred to in s. NR 447.06 (2) (d) 3.

NR 447.07(3)(d) (d) For asbestos stripping or removal work in a demolition or renovation operation, described in s. NR 447.06 (2) (a) or (d) 1., and for demolition described in s. NR 447.06 (2) (b) that will begin on a date other than the one contained in the original notice, the owner or operator shall provide notice of the new start date to the department as follows:

NR 447.07(3)(d)1. 1. When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin after the date contained in the notice:

NR 447.07(3)(d)1.a. a. Notify the department of the new start date by telephone as soon as possible before the original start date, and

NR 447.07(3)(d)1.b. b. Provide the department with a written notice of the new start date as soon as possible before, but no later than, the original start date. Delivery of the updated notice by the U.S. postal service, commercial delivery service or hand delivery is acceptable.

NR 447.07(3)(d)2. 2. When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin on a date earlier than the original start date:

NR 447.07(3)(d)2.a. a. Provide the department with a written notice of the new start date at least 10 working days before asbestos stripping or removal work begins.

NR 447.07(3)(d)2.b. b. For demolitions covered by s. NR 447.06 (2) (b), provide the department written notice of a new start date at least 10 working days before commencement of demolition. Delivery of updated notice by U.S. postal service, commercial delivery service or hand delivery is acceptable.

NR 447.07(3)(d)3. 3. In no event may an operation covered by this paragraph begin on a date other than the date contained in the written notice of the new start date.

NR 447.07(4) (4) Include the following in the notice:

NR 447.07(4)(a) (a) An indication of whether the notice is the original or a revised notification.

NR 447.07(4)(b) (b) Name, address and telephone number of both the facility owner and operator and the asbestos removal contractor owner or operator.

NR 447.07(4)(c) (c) Type of operation: demolition or renovation.

NR 447.07(4)(d) (d) 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.

NR 447.07(4)(e) (e) Procedure, including analytical methods, employed to detect the presence of RACM and Category I and Category II nonfriable ACM.

NR 447.07(4)(f) (f) 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.

NR 447.07(4)(g) (g) 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.

NR 447.07(4)(h) (h) 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 s. NR 447.06 (2) (d) 2.

NR 447.07(4)(i) (i) Scheduled starting and completion dates of demolition or renovation.

NR 447.07(4)(j) (j) Description of planned demolition or renovation work to be performed and methods to be employed, including demolition or renovation techniques to be used and description of affected facility components.

NR 447.07(4)(k) (k) Description of work practices and engineering controls to be used to comply with the requirements of this chapter, including asbestos removal and waste-handling emission control procedures.

NR 447.07(4)(L) (L) Name and location of the waste disposal site where the asbestos-containing waste material will be deposited.

NR 447.07(4)(m) (m) A certification that at least one person trained as required by s. NR 447.08 (8) will supervise the stripping and removal described by this notification. This requirement shall become effective one year after November 1, 1992.

NR 447.07(4)(n) (n) For facilities described in s. NR 447.06 (2) (c), the name, title and authority of the state or local government representative who has ordered the demolition, the date that the order was issued, and the date on which the demolition was ordered to begin. A copy of the order shall be attached to the notification.

NR 447.07(4)(o) (o) For emergency renovations referred to in s. NR 447.06 (2) (d) 3., 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.

NR 447.07(4)(p) (p) 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.

NR 447.07(4)(q) (q) Name, address and telephone number of the waste transporter.

NR 447.07 History History: Cr. Register, October, 1992, No. 442, eff. 11-1-92; correction in (3) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1993, No. 449; am. (3) (a), (d) (intro.), Register, December, 1995, No. 480, eff. 1-1-96.

NR 447.08 NR 447.08 Demolition and renovation; procedures for asbestos emission control. Each owner or operator of a demolition or renovation activity to whom this section applies, according to s. NR 447.06, shall comply with the following procedures:

NR 447.08(1) (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 any of the following apply:

NR 447.08(1)(a) (a) It is Category I nonfriable ACM that is not in poor condition and is not friable.

NR 447.08(1)(am) (am) Removal of category I roofing shall meet the specifications in the Interpretive Rule Governing Roof Removal Operations, 40 CFR part 61, Appendix A to Subpart M, incorporated by reference in s. NR 484.04 (21s).