Chapter NR 447

NR 447.16(1)(d)2. 2. The average volume of asbestos-containing waste material disposed of, measured in m3/day (yd3/day).

NR 447.16(1)(d)3. 3. The emission control methods used in all stages of waste disposal.

NR 447.16(1)(d)4. 4. The type of disposal site or incineration site used for ultimate disposal, the name of the site operator, and the name and location of the disposal site.

NR 447.16(1)(e) (e) For sources subject to s. NR 447.14 or 447.17, the information shall include all of the following:

NR 447.16(1)(e)1. 1. A brief description of the site.

NR 447.16(1)(e)2. 2. The method or methods used to comply with the standard or alternative procedures to be used.

NR 447.16(2) (2) The information required by sub. (1) shall accompany the information required by 40 CFR 61.10 as in effect on January 1, 1998. Active waste disposal sites subject to s. NR 447.17 shall also comply with this provision. Roadways, demolition and renovation, spraying and insulating materials are exempted from the requirements of 40 CFR 61.10 (a). The information described in this section shall be reported using the format of Appendix A of 40 CFR part 61, incorporated by reference in s. NR 484.04 (22), as a guide.

NR 447.16 History History: Cr. Register, October, 1992, No. 442, eff. 11-1-92; am. (2), Register, December, 1995, No. 480, eff. 1-1-96; am. (2), Register, January 1997, No. 493, eff. 2-1-97; am. (2), Register, November, 1999, No. 527, eff. 12-1-99.

NR 447.17 NR 447.17 Active waste disposal sites. Each owner or operator of an active waste disposal site that receives asbestos-containing waste material from a source covered under s. NR 447.12, 447.13 or 447.18 shall meet the following requirements:

NR 447.17(1) (1) Either there shall be no visible emissions to the outside air from any active waste disposal site where asbestos-containing waste material has been deposited, or the requirements of sub. (3) or (4) shall be met.

NR 447.17(2) (2) Unless a natural barrier exists, either warning signs and fencing shall be installed and maintained as follows, or the requirements of sub. (3) (a) shall be met.

NR 447.17(2)(a) (a) Warning signs shall be displayed at all entrances and at intervals of 100 m (330 ft) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material is deposited. The warning signs shall:

NR 447.17(2)(a)1. 1. Be posted in such a manner and location that a person can easily read the legend;

NR 447.17(2)(a)2. 2. Conform to the requirements of 51 cm × 36 cm (20″ × 14″) upright format signs specified in 29 CFR 1910.145 (d) (4), incorporated by reference in s. NR 484.03, and this paragraph; and

NR 447.17(2)(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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NR 447.17(2)(b) (b) The perimeter of the disposal site shall be fenced in a manner adequate to deter access by the general public.

NR 447.17(2)(c) (c) Upon request and supply of appropriate information, the department shall determine whether a fence or a natural barrier adequately deters access by the general public.

NR 447.17(3) (3) Rather than meet the no visible emission requirement of sub. (1), at the end of each operating day, or at least once every 24-hour period while the site is in continuous operation, the asbestos-containing waste material that has been deposited at the site during the operating day or previous 24-hour period shall:

NR 447.17(3)(a) (a) Be covered with at least 15 centimeters (6 inches) of compacted nonasbestos containing material, or

NR 447.17(3)(b) (b) Be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. Such an agent shall be used in the manner and frequency recommended for the particular dust by the dust suppression agent manufacturer to achieve and maintain dust control. Other equally effective dust suppression agents may be used upon prior approval by the department. For purposes of this paragraph, any used, spent or other waste oil is not considered a dust suppression agent.

NR 447.17(4) (4) Rather than meet the no visible emission requirement of sub. (1), use an alternative emissions control method that has received prior written approval by the administrator as described under s. NR 447.12 (3) (b).

NR 447.17(5) (5) For all asbestos-containing waste material received, the owner or operator of the active waste disposal site shall:

NR 447.17(5)(a) (a) Maintain waste shipment records, using a format acceptable to the department, and include the following information:

NR 447.17(5)(a)1. 1. The name, address and telephone number of the waste generator.

NR 447.17(5)(a)2. 2. The name, address and telephone number of the transporters.

NR 447.17(5)(a)3. 3. The quantity of the asbestos-containing waste material in cubic meters (cubic yards).

NR 447.17(5)(a)4. 4. The presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers. Report in writing to the department staff person identified in the waste shipment record, by the following working day, the presence of a significant amount of improperly enclosed or uncovered waste. Submit a copy of the waste shipment record along with the report.

NR 447.17(5)(a)5. 5. The date of the receipt.

NR 447.17(5)(b) (b) As soon as possible and no longer than 30 days after receipt of the waste, send a copy of the signed waste shipment record to the waste generator.

NR 447.17(5)(c) (c) Upon discovering a discrepancy between the quantity of waste designated on the waste shipment records and the quantity actually received, attempt to reconcile the discrepancy with the waste generator. If the discrepancy is not resolved within 15 days after receiving the waste, immediately report in writing to the department staff person identified in the waste shipment record. Describe the discrepancy and attempts to reconcile it, and submit a copy of the waste shipment record along with the report.

NR 447.17(5)(d) (d) Retain a copy of all records and reports required by this subsection for at least 2 years.

NR 447.17(6) (6) Maintain, until closure, records of the location, depth and area, and quantity in cubic meters (cubic yards) of asbestos-containing waste material within the disposal site on a map or diagram of the disposal area.

NR 447.17(7) (7) Upon closure, comply with all the provisions of s. NR 447.14.

NR 447.17(8) (8) Submit to the department, upon closure of the facility, a copy of records of asbestos waste disposal locations and quantities.

NR 447.17(9) (9) Furnish upon request, and make available during normal business hours for inspection by the department, all records required under this section.

NR 447.17(10) (10) Notify the department in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site and is covered. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date shall be provided to the department at least 10 working days before excavation begins and in no event may excavation begin earlier than the date specified in the original notification. Include the following information in the notice:

NR 447.17(10)(a) (a) Scheduled starting and completion dates.

NR 447.17(10)(b) (b) Reason for disturbing the waste.

NR 447.17(10)(c) (c) Procedures to be used to control emissions during the excavation, storage, transport and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the department may require changes in the emission control procedures to be used.

NR 447.17(10)(d) (d) Location of any temporary storage site and the final disposal site.

NR 447.17 History History: Cr. Register, October, 1992, No. 442, eff. 11-1-92; am. (2) (a) 2., Register, December, 1995, No. 480, eff. 1-1-96.

NR 447.18 NR 447.18 Operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material. Each owner or operator of an operation that converts RACM and asbestos-containing waste material into nonasbestos (asbestos-free) material shall:

NR 447.18(1) (1) Obtain the prior written approval of the administrator to construct the facility.

NR 447.18 Note Note: The information which must be submitted to obtain approval of the administrator is specified in 40 CFR 61.155(a). This includes the performance test protocol, including provisions for obtaining information required under sub. (2).

NR 447.18(2) (2) Conduct a startup performance test. Test results shall include:

NR 447.18(2)(a) (a) A detailed description of the types and quantities of nonasbestos material, RACM and asbestos-containing waste material processed, e.g., asbestos cement products, friable asbestos insulation, plaster, wood, plastic, wire, etc. The tests shall be conducted using the full range of materials that will be encountered in actual operation of the process.

NR 447.18(2)(b) (b) Results of analyses, using polarized light microscopy, that document the asbestos content of the wastes processed.

NR 447.18(2)(c) (c) Results of analyses, using transmission electron microscopy, that document that the output materials are free of asbestos. Samples for analysis shall be collected as 8-hour composite samples, one 200-gram (7-ounce) sample per hour, beginning with the initial introduction of RACM or asbestos-containing waste material and continuing until the end of the performance test.

NR 447.18(2)(d) (d) A description of operating parameters, such as temperature and residence time, defining the full range over which the process is expected to operate to produce nonasbestos (asbestos-free) materials. Specify the limits for each operating parameter within which the process will produce nonasbestos (asbestos-free) materials.

NR 447.18(2)(e) (e) The length of the test.

NR 447.18(3) (3) During the initial 90 days of operation:

NR 447.18(3)(a) (a) Continuously monitor and log the operating parameters identified during startup performance tests that are intended to ensure the production of nonasbestos (asbestos-free) output material.

NR 447.18(3)(b) (b) Monitor input materials to ensure that they are consistent with the test feed materials described during startup performance tests in sub. (2) (a).

NR 447.18(3)(c) (c) Collect and analyze samples taken as 10-day composite samples. Samples shall consist of one 200-gram (7-ounce) sample collected every 8 hours of operation, of all output material for the presence of asbestos. Composite samples may be for fewer than 10 days. Transmission electron microscopy shall be used to analyze the output material for the presence of asbestos. During the initial 90-day period, all output materials shall be stored on-site until either analysis shows the material to be asbestos-free or the material is disposed of as asbestos-containing waste material according to s. NR 447.13.

NR 447.18(4) (4) After the initial 90 days of operation:

NR 447.18(4)(a) (a) Continuously monitor and record the operating parameters identified during startup performance testing and any subsequent performance testing. Any output produced during a period of deviation from the range of operating conditions established to ensure the production of nonasbestos (asbestos-free) output materials shall be:

NR 447.18(4)(a)1. 1. Disposed of as asbestos-containing waste material according to s. NR 447.13,

NR 447.18(4)(a)2. 2. Recycled as waste feed during process operation within the established range of operating conditions, or

NR 447.18(4)(a)3. 3. Stored temporarily on-site in a leak-tight container until analyzed for asbestos content.

NR 447.18(4)(b) (b) Collect and analyze monthly composite samples, one 200-gram (7-ounce) sample collected every 8 hours of operation, of the output material. Transmission electron microscopy shall be used to analyze the output material for the presence of asbestos.

NR 447.18(5) (5) Discharge no visible emissions to the outside air from any part of the 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 447.18(6) (6) Maintain records on-site and include the following information:

NR 447.18(6)(a) (a) Results of startup performance testing and all subsequent performance testing, including operating parameters, feed characteristic and analyses of output materials.

NR 447.18(6)(b) (b) Results of the composite analyses required during the initial 90 days of operation under sub. (3).

NR 447.18(6)(c) (c) Results of the monthly composite analyses required under sub. (4).

NR 447.18(6)(d) (d) Results of continuous monitoring and logs of process operating parameters required under subs. (3) and (4).

NR 447.18(6)(e) (e) The information on waste shipments received as required in s. NR 447.17 (5).

NR 447.18(6)(f) (f) For output materials where no analyses were performed to determine the presence of asbestos, record the name and location of the purchaser or disposal site to which the output materials were sold or deposited and the date of sale or disposal.

NR 447.18(6)(g) (g) Retain records required by this subsection for at least 2 years.

NR 447.18(7) (7) Submit the following reports to the department:

NR 447.18(7)(a) (a) A report for each analysis of product composite samples performed during the initial 90 days of operation.

NR 447.18(7)(b) (b) A quarterly report, including the following information concerning activities during the report period:

NR 447.18(7)(b)1. 1. Results of analyses of monthly product composite samples.

NR 447.18(7)(b)2. 2. A description of any deviation from the operating parameters established during performance testing, the duration of the deviation and steps taken to correct the deviation.

NR 447.18(7)(b)3. 3. Disposition of any product produced during a period of deviation, including whether it was recycled, disposed of as asbestos-containing waste material or stored temporarily on-site until analyzed for asbestos content.

NR 447.18(7)(b)4. 4. The information on waste disposal activities as required in s. NR 447.17 (6).

NR 447.18(8) (8) Nonasbestos (asbestos-free) output material is not subject to any of the provisions of this chapter. Output materials in which asbestos is detected, or output materials produced when the operating parameters deviated from those established during the startup performance testing, unless shown by transmission electron microscopy analysis to be asbestos-free, shall be considered to be asbestos-containing waste and shall be handled and disposed of according to ss. NR 447.13 and 447.17 or reprocessed while all of the established operating parameters are being met.

NR 447.18 History History: Cr. Register, October, 1992, No. 442, eff. 11-1-92.

NR 447.19 NR 447.19 Penalties.

NR 447.19(1) (1) The department may take appropriate enforcement action against any owner or operator of a demolition or renovation activity or any owner or operator of an active landfill, to which this chapter applies, that violates this chapter. Appropriate enforcement action includes letters of noncompliance, notices of violation, citations, referrals to the Wisconsin department of justice, and deferral or referrals to the United States environmental protection agency. Any enforcement action the department may take shall be based upon factors such as severity, duration, frequency and environmental or health risks of the violation.

NR 447.19(2) (2) Citations may be issued for any of the following:

NR 447.19(2)(a) (a) Failure to conduct any inspection under s. NR 447.06 (1). The department may not issue a citation under this paragraph on the grounds that an inspection was not thorough.

NR 447.19(2)(b) (b) Failure to follow notification requirements of s. NR 447.07 (1) and (3) (a), (b) and (c).

NR 447.19(2)(c) (c) Failure to follow active waste disposal site requirements of s. NR 447.17 (1) to (4), (5) (a), (6) and (10).

NR 447.19(3) (3) A citation may be issued which requires a forfeiture of not less than $500, nor more than $5,000, for each violation, except as provided in sub. (4). Each day of continued violation is a separate offense.

NR 447.19(4) (4) When any owner or operator is found in violation of the regulatory requirements listed in sub. (2) by any court of this state, and the violation remains of record and unreversed, for any second or subsequent violation of the regulatory requirements listed in sub. (2) occurring within a 5-year period from the date of the prior adjudication, the minimum and maximum citation forfeitures shall be doubled.

NR 447.19 History History: CR 02-064: cr. Register September 2003 No. 573, eff. 10-1-03.