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