Chapter NR 447

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)1.a. a. Name and address of owner or operator.

NR 447.09(1)(b)1.b. b. Location of spraying operation.

NR 447.09(1)(b)1.c. c. Procedures to be followed to meet the requirements of this section.

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 NR 447.10 Fabricating.

NR 447.10(1) (1) Applicability. This section applies to the following fabricating operations using commercial asbestos:

NR 447.10(1)(a) (a) The fabrication of cement building products.

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

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)(c)1. 1. Maintenance schedule.

NR 447.10(2)(c)2. 2. Recordkeeping plan.

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

NR 447.10(2)(d)2. 2. Presence or absence of visible emissions.

NR 447.10(2)(d)3. 3. Condition of fabric filters, including presence of any tears, holes and abrasions.

NR 447.10(2)(d)4. 4. Presence of dust deposits on clean side of fabric filters.

NR 447.10(2)(d)5. 5. Brief description of corrective actions taken, including date and time.

NR 447.10(2)(d)6. 6. Daily hours of operation for each air cleaning device.

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) (a) Use a wetting agent 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.

- 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)1. 1. The name, address and telephone number of the waste generator.

NR 447.12(5)(a)2. 2. The name and address of the department staff person responsible for administering this chapter.

NR 447.12(5)(a)3. 3. The quantity of the asbestos-containing waste material in cubic meters (cubic yards).

NR 447.12(5)(a)4. 4. The name and telephone number of the disposal site operator.

NR 447.12(5)(a)5. 5. The name and physical site location of the disposal site.

NR 447.12(5)(a)6. 6. The date transported.

NR 447.12(5)(a)7. 7. The name, address and telephone number of the transporters.

NR 447.12(5)(a)8. 8. 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 according to applicable international, federal, state and local regulations.

NR 447.12(5)(b) (b) For waste shipments where a copy of the waste shipment record, 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, contact the transporter or the owner or operator of the designated disposal site or both to determine the status of the waste shipment.

NR 447.12(5)(c) (c) Report in writing to the department if a copy of the waste shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. Include in the report all of the following information:

NR 447.12(5)(c)1. 1. A copy of the waste shipment record for which a confirmation of delivery was not received.

NR 447.12(5)(c)2. 2. A cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.

NR 447.12(5)(d) (d) Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least 2 years.

NR 447.12(6) (6) An owner or operator shall furnish upon request, and make available for inspection by the department, all records required under this section.

NR 447.12 History History: Cr. Register, October, 1992, No. 442, eff. 11-1-92; am. (4) (a) 2., Register, December, 1995, No. 480, eff. 1-1-96.

NR 447.13 NR 447.13 Waste disposal for manufacturing, fabricating, demolition, renovation and spraying operations. Each owner or operator of any source covered under the provisions of ss. NR 447.05 to 447.10 shall comply with the following provisions:

NR 447.13(1) (1) Discharge no visible emissions to the outside air during the collection, processing (including incineration), packaging or transporting of any asbestos-containing waste material generated by the source, or use one of the emission control and waste treatment methods specified in pars. (a) to (d).

NR 447.13(1)(a) (a) Adequately wet asbestos-containing waste material as follows:

NR 447.13(1)(a)1. 1. Mix control device asbestos waste to form a slurry; adequately wet other asbestos-containing waste material.

NR 447.13(1)(a)2. 2. Discharge no visible emissions to the outside air from collection, mixing, wetting and handling operations, 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 447.13(1)(a)3. 3. After wetting, seal all asbestos-containing waste material in leak-tight containers while wet; or, for materials that will not fit into containers without additional breaking, put materials into leak-tight wrapping.

NR 447.13(1)(a)4. 4. Label the containers or wrapped materials specified in subd.3. using warning labels specified by occupational safety and health standards of the U.S. department of labor, occupational safety and health administration, under 29 CFR 1910.1001 (j) (4) (ii) or 1926.1101 (k) (8) (iii), incorporated by reference in s. NR 484.03 (3) and (4). The labels shall be printed in letters of sufficient size and contrast so as to be readily visible and legible.

NR 447.13(1)(a)5. 5. For asbestos-containing waste material to be transported off the facility site, label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated.

NR 447.13(1)(b) (b) Process asbestos-containing waste material into nonfriable forms as follows:

NR 447.13(1)(b)1. 1. Form all asbestos-containing waste material into nonfriable pellets or other shapes.

NR 447.13(1)(b)2. 2. Discharge no visible emissions to the outside air from collection and processing operations, including incineration, 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 447.13(1)(c) (c) For facilities demolished where the RACM is not removed prior to demolition according to s. NR 447.08 (1) (a) to (d) or for facilities demolished according to s. NR 447.08 (9), adequately wet asbestos-containing waste material at all times after demolition and keep wet during handling and loading for transport to a disposal site. Asbestos-containing waste materials covered by this subsection do not have to be sealed in leak-tight containers or wrapping but may be transported and disposed of in bulk.

NR 447.13(1)(d) (d) Use an alternative emission control and waste treatment method that has received prior approval by the administrator as described under s. NR 447.12 (3) (b).

NR 447.13(1m) (1m) As applied to demolition and renovation operations, the requirements of sub. (1) do not apply to Category I nonfriable ACM waste and Category II nonfriable ACM waste that did not become crumbled, pulverized or reduced to powder.

NR 447.13(2) (2)