Chapter NR 447

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).

NR 447.08(1)(b) (b) It is on a facility component that is encased in concrete or other similarly hard material and is adequately wet whenever exposed during demolition.

NR 447.08(1)(c) (c) It was not accessible for testing and was, therefore, not discovered until after demolition began and, as a result of the demolition, the material cannot be safely removed. If not removed for safety reasons, the exposed RACM and any asbestos-contaminated debris shall be treated as asbestos-containing waste material and adequately wet at all times until disposed of.

NR 447.08(1)(d) (d) It is Category II nonfriable ACM and the probability is low that the materials will become crumbled, pulverized or reduced to powder during demolition.

NR 447.08(2) (2) When a facility component that contains, is covered with or is coated with RACM is being taken out of the facility as a unit or in sections:

NR 447.08(2)(a) (a) Adequately wet all RACM exposed during cutting or disjoining operations; and

NR 447.08(2)(b) (b) Carefully lower each unit or section to the floor and to ground level, not dropping, throwing, sliding or otherwise damaging or disturbing the RACM.

NR 447.08(3) (3) When RACM is stripped from a facility component while it remains in place in the facility, adequately wet the RACM during the stripping operation.

NR 447.08(3)(a) (a) In renovation operations, wetting is not required if:

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)(a)2.c. c. Leak-tight wrapping to contain all RACM prior to dismantlement.

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)(a) (a) Adequately wet the RACM during stripping; or

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)(b) (b) The component is encased in a leak-tight wrapping.

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(6)(d) (d) RACM contained in leak-tight wrapping that has been removed in accordance with subs. (3) (a) 2. c. and (4) need not be wetted.

NR 447.08(7) (7) When the temperature at the point of wetting is below 0°C (32°F):

NR 447.08(7)(a) (a) The owner or operator need not comply with sub. (2) (a) and the wetting provisions of sub. (3).

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 NR 447.09 Spraying.

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: