Chapter NR 447

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:

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.