Chapter NR 447

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.

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) 

NR 447.13(2)(a) (a) All asbestos-containing waste material shall be deposited as soon as is practical by the waste generator at:

NR 447.13(2)(a)1. 1. A waste disposal site operated in accordance with the provisions of s. NR 447.17.

NR 447.13(2)(a)2. 2. An EPA-approved site that converts RACM and asbestos-containing waste material into nonasbestos (asbestos-free) material according to the provisions of s. NR 447.18.

NR 447.13(2)(b) (b) The requirements of this subsection do not apply to Category I nonfriable ACM that is not RACM.

NR 447.13(3) (3) Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of waste so that the signs are visible. The markings shall conform to the requirements of s. NR 447.12 (4) (a) 1. to 3.

NR 447.13(4) (4) For all asbestos-containing waste material transported off the facility site:

NR 447.13(4)(a) (a) Maintain waste shipment records, using a format acceptable to department, and include the following information:

NR 447.13(4)(a)1. 1. The name, address and telephone number of the waste generator.

NR 447.13(4)(a)2. 2. The name and address of the department staff person responsible for administering this chapter.

NR 447.13(4)(a)3. 3. The approximate quantity in cubic meters (cubic yards).

NR 447.13(4)(a)4. 4. The name and telephone number of the disposal site operator.

NR 447.13(4)(a)5. 5. The name and physical site location of the disposal site.

NR 447.13(4)(a)6. 6. The date transported.

NR 447.13(4)(a)7. 7. The name, address and telephone number of the transporters.

NR 447.13(4)(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 447.13(4)(b) (b) Provide a copy of the waste shipment record, described in par. (a), to the disposal site owners or operators at the same time as the asbestos-containing waste material is delivered to the disposal site.

NR 447.13(4)(c) (c) 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 447.13(4)(d) (d) 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 the following information:

NR 447.13(4)(d)1. 1. A copy of the waste shipment record for which a confirmation of delivery was not received.

NR 447.13(4)(d)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 447.13(4)(e) (e) 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 447.13(5) (5) Furnish upon request, and make available for inspection by the department, all records required under this section.

NR 447.13 History History: Cr. Register, October, 1992, No. 442, eff. 11-1-92; am. (1) (a) 4., Register, December, 1995, No. 480, eff. 1-1-96; am. (1) (a) 4., Register, November, 1999, No. 527, eff. 12-1-99; CR 02-146: am. (1) (a) 4. Register October 2003 No. 574, eff. 11-1-03.

NR 447.14 NR 447.14 Inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations. Each owner or operator of any inactive waste disposal site that was operated by sources covered under s. NR 447.03, 447.05 or 447.10 and received deposits of asbestos-containing waste material generated by the sources, shall:

NR 447.14(1) (1) Comply with any of the following:

NR 447.14(1)(a) (a) Discharge no visible emissions to the outside air from an inactive waste disposal site subject to this section.

NR 447.14(1)(b) (b) Cover the asbestos-containing waste material with at least 15 centimeters (6 inches) of compacted nonasbestos-containing material, and grow and maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material. In desert areas where vegetation would be difficult to maintain, at least 8 additional centimeters (3 inches) of well-graded, nonasbestos crushed rock may be placed on top of the final cover instead of vegetation and maintained to prevent emissions.

NR 447.14(1)(c) (c) Cover the asbestos containing waste material with at least 60 centimeters (2 feet) of compacted nonasbestos-containing material, and maintain it to prevent exposure of the asbestos-containing waste.

NR 447.14(1)(d) (d) For inactive waste disposal sites for asbestos tailings, a resinous or petroleum-based dust suppression agent that effectively binds dust to control surface air emissions may be used instead of the methods in pars. (a) to (c). Use the agent in the manner and frequency recommended for the particular asbestos tailings by the manufacturer of the dust suppression agent to achieve and maintain dust control. Obtain prior written approval of the department to use other equally effective dust suppression agents. For purposes of this paragraph, any used, spent or other waste oil is not considered a dust suppression agent.

NR 447.14(2) (2) Unless a natural barrier adequately deters access by the general public, install and maintain warning signs and fencing as follows, or comply with sub. (1) (b).

NR 447.14(2)(a) (a) Display warning signs at all entrances and at intervals of 100 m (328 feet) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material was deposited. The warning signs shall conform with all the following:

NR 447.14(2)(a)1. 1. Be posted in such a manner and location that a person can easily read the legend.

NR 447.14(2)(a)2. 2. Conform to the requirements for 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 (2), and this paragraph.

NR 447.14(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.

NR 447.14(2)(b) (b) Fence the perimeter of the site in a manner adequate to deter access by the general public.

NR 447.14(2)(c) (c) When requesting a determination on whether a natural barrier adequately deters public access, supply information enabling the department to determine whether a fence or a natural barrier adequately deters access by the general public.