NR 447.08(3)(a)1.
1. The owner or operator has obtained prior written approval from the department based on a written application that wetting to comply with this subsection would unavoidably damage equipment or present a safety hazard; and
NR 447.08(3)(a)2.
2. The owner or operator uses one of the following emission control methods:
NR 447.08(3)(a)2.a.
a. A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system shall exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in
s. NR 447.15.
NR 447.08(3)(a)2.b.
b. A glove-bag system designed and operated to contain the particulate asbestos material produced by the stripping of the asbestos materials.
NR 447.08(3)(b)
(b) In renovation operations where wetting would result in equipment damage or a safety hazard, and the methods allowed in
par. (a) cannot be used, another method may be used after obtaining written approval from the department based upon a determination that it is equivalent to wetting in controlling emissions or to the methods allowed in
par. (a).
NR 447.08(3)(c)
(c) A copy of the department's written approval shall be kept at the work site and made available for inspection.
NR 447.08(4)
(4) After a facility component covered with, coated with or containing RACM has been taken out of the facility as a unit or in sections pursuant to
sub. (2), it shall be stripped or contained in leak-tight wrapping, except as described in
sub. (5). If stripped, either:
NR 447.08(4)(b)
(b) Use a local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping. The system shall exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in
s. NR 447.15.
NR 447.08(5)
(5) For large facility components such as reactor vessels, large tanks and steam generators, but not beams, which shall be handled in accordance with
subs. (2) to
(4), the RACM is not required to be stripped if the following requirements are met:
NR 447.08(5)(a)
(a) The component is removed, transported, stored, disposed of or reused without disturbing or damaging the RACM.
NR 447.08(5)(c)
(c) The leak-tight wrapping is labeled according to
s. NR 447.12 during all loading and unloading operations and during storage.
NR 447.08(6)
(6) For all RACM, including material that has been removed or stripped:
NR 447.08(6)(a)
(a) Adequately wet the material and ensure that it remains wet until collected and contained or treated in preparation for disposal in accordance with
s. NR 447.13; and
NR 447.08(6)(b)
(b) Carefully lower the material to the ground and floor, not dropping, throwing, sliding or otherwise damaging or disturbing the material.
NR 447.08(6)(c)
(c) Transport the material to the ground via leak-tight chutes or containers if it has been removed or stripped more than 50 feet above ground level and was not removed as units or in sections.
NR 447.08(7)
(7) When the temperature at the point of wetting is below 0
°C (32
°F):
NR 447.08(7)(b)
(b) The owner or operator shall remove facility components containing, coated with, or covered with RACM as unit or in sections to the maximum extent possible.
NR 447.08(7)(c)
(c) During periods when wetting operations are suspended due to freezing temperatures, the owner or operator shall record the temperature in the area containing the facility components at the beginning, middle and end of each working day and keep daily temperature records available for inspection by the department during normal business hours at the demolition or renovation site. The owner or operator shall retain the temperature records for at least 2 years.
NR 447.08(8)
(8) No RACM may be stripped, removed or otherwise handled or disturbed at a facility regulated by this chapter unless at least one on-site representative, such as a foreman or management-level person or other authorized representative, trained in the provisions of this chapter and the means of complying with them, is present. Every 2 years, the trained on-site individual shall receive refresher training in the provisions of this chapter. The required training shall include at a minimum: applicability; notifications; material identification; control procedures for removals including, at least, wetting, local exhaust ventilation, negative pressure enclosures, glove-bag procedures, and High Efficiency Particulate Air (HEPA) filters; waste disposal work practices; reporting and recordkeeping; and asbestos hazards and worker protection. Each owner or operator shall post evidence that the required training has been completed and make such evidence available for inspection by the department at the demolition or renovation site.
NR 447.08(9)
(9) For facilities described in
s. NR 447.06 (2) (c), adequately wet the portion of the facility that contains RACM during the wrecking operation.
NR 447.08(10)
(10) If a facility is demolished by intentional burning, all RACM including Category I and Category II nonfriable ACM shall be removed in accordance with this chapter before burning.
NR 447.08 History
History: Cr.
Register, October, 1992, No. 442, eff. 11-1-92; correction in (9) made under s. 13.93 (2m) (b) 7., Stats.,
Register, May, 1993, No. 449; am. (2) (a), (3) (a) 1., (4) (intro.), (a) and (6) (a),
Register, November, 1999, No. 527, eff. 12-1-99;
CR 02-146: cr. (1) (am)
Register October 2003 No. 574, eff. 11-1-03.
NR 447.09(1)
(1) Except as provided in
sub. (2), the owner or operator of an operation in which asbestos-containing materials are spray applied shall comply with the following requirements:
NR 447.09(1)(a)
(a) For spray-on application on buildings, structures, pipes and conduits, the owner or operator may not use 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).
NR 447.09(1)(b)
(b) For spray-on application of materials that contain 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, on equipment and machinery, the owner or operator shall:
NR 447.09(1)(b)1.
1. Notify the department at least 20 days before beginning the spraying operation. Include the following information in the notice:
NR 447.09(1)(b)2.
2. Discharge no visible emissions to the outside air from spray-on application of the asbestos-containing material 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 447.09(2)
(2) The requirements of
sub. (1) do not apply to the spray-on application of materials where the asbestos fibers in the materials are encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying.
NR 447.09 History
History: Cr.
Register, October, 1992, No. 442, eff. 11-1-92; am. (1) (a),
Register, December, 1995, No. 480, eff. 1-1-96.
NR 447.10(1)
(1)
Applicability. This section applies to the following fabricating operations using commercial asbestos:
NR 447.10(1)(b)
(b) The fabrication of friction products, except those operations that primarily install asbestos friction materials on motor vehicles.
NR 447.10(1)(c)
(c) 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.
NR 447.10(2)
(2) Standard. Each owner or operator of any of the fabricating operations to which this section applies shall:
NR 447.10(2)(a)1.
1. Discharge no visible emissions to the outside air from any of the operations or from any building or structure in which they are conducted or from any other fugitive sources; or
NR 447.10(2)(a)2.
2. 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 447.10(2)(b)
(b) Monitor each potential source of asbestos emissions from any part of the 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 by visual observation of at least 15 seconds duration per source of emissions.
NR 447.10(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 section, submit to the department, and revise as necessary, a written maintenance plan to include, at a minimum, the following:
NR 447.10(2)(d)
(d) Maintain records of the results of visible emission monitoring and air cleaning device inspections using a format acceptable to the department and include the following:
NR 447.10(2)(d)3.
3. Condition of fabric filters, including presence of any tears, holes and abrasions.
NR 447.10(2)(d)5.
5. Brief description of corrective actions taken, including date and time.
NR 447.10(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 447.10(2)(f)
(f) Retain a copy of all monitoring and inspection records for at least 2 years.
NR 447.10(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 447.10 History
History: Cr.
Register, October, 1992, No. 442, eff. 11-1-92.
NR 447.11
NR 447.11 Insulating materials. No owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of this section do not apply to spray-applied insulating materials regulated under
s. NR 447.09.
NR 447.11 History
History: Cr.
Register, October, 1992, No. 442, eff. 11-1-92.
NR 447.12
NR 447.12 Waste disposal for asbestos mills. Each owner or operator of an asbestos mill shall comply with all of the requirements of this section.
NR 447.12(1)
(1) An owner or operator shall deposit all asbestos-containing waste material at a waste disposal site operated in accordance with the provisions of
s. NR 447.17.
NR 447.12(2)
(2) An owner or operator shall discharge no visible emissions to the outside air from the transfer of control device asbestos waste to the tailings conveyor, 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. Dispose of the asbestos waste from control devices in accordance with
s. NR 447.13 (1) or
sub. (3).
NR 447.12(3)
(3) An owner or operator shall discharge no visible emissions to the outside air during the collection, processing, packaging or on-site transporting of any asbestos-containing waste material, or use one of the disposal methods specified in
par. (a) or
(b), as follows:
NR 447.12(3)(a)1.
1. Adequately mix all asbestos-containing waste material with a wetting agent recommended by the manufacturer of the agent to effectively wet dust and tailings, before depositing the material at a waste disposal site. Use the agent as recommended for the particular dust by the manufacturer of the agent.
NR 447.12(3)(a)2.
2. Discharge no visible emissions to the outside air from the wetting operation 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 447.12(3)(a)3.
3. Wetting may be suspended when the ambient temperature at the waste disposal site is less than
*9.5
°C (15
°F), as determined by an appropriate measurement method with an accuracy of
" 1
°C (
" 2
°F). During periods when wetting operations are suspended, the temperature shall be recorded at least at hourly intervals, and records shall be retained for at least 2 years in a form suitable for inspection.
NR 447.12(3)(b)
(b) Use an alternative emission control and waste treatment method that has received prior written approval by the administrator under
40 CFR 61.149 (c) (2).
NR 447.12 Note
Note: To obtain approval for an alternative method, a written application must be submitted to the administrator demonstrating that the following criteria are met:
NR 447.12 Note
1. The alternative method will control asbestos emissions equivalent to currently required methods.
NR 447.12 Note
2. The suitability of the alternative method for the intended application.
NR 447.12 Note
3. The alternative method will not violate other regulations.
NR 447.12 Note
4. The alternative method will not result in increased water pollution, land pollution or occupational hazards.
NR 447.12(4)
(4) When waste is transported by vehicle to a disposal site, an owner or operator shall:
NR 447.12(4)(a)
(a) Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of the waste so that the signs are visible. The markings shall:
NR 447.12(4)(a)1.
1. Be displayed in such a manner and location that a person can easily read the legend.
NR 447.12(4)(a)2.
2. Conform to the requirements for 51 cm
× 36 cm (20 in
× 14 in) upright format signs specified in
29 CFR 1910.145 (d) (4), incorporated by reference in
s. NR 484.03 (2), and this paragraph.
NR 447.12(4)(a)3.
3. Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph.
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See PDF for table 
NR 447.12(4)(b)
(b) For off-site disposal, provide a copy of the waste shipment record, described in
sub. (5) (a), to the disposal site owner or operator at the same time as the asbestos-containing waste material is delivered to the disposal site.
NR 447.12(5)
(5) For all asbestos-containing waste material transported off the facility site, an owner or operator shall:
NR 447.12(5)(a)
(a) Maintain asbestos waste shipment records using a format acceptable to the department and include the following information:
NR 447.12(5)(a)2.
2. The name and address of the department staff person responsible for administering this chapter.
