Chapter NR 447

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.

NR 447.14(3) (3) The owner or operator may use an alternative control method that has received prior approval of the administrator rather than comply with the requirements of sub. (1) or (2).

NR 447.14(4) (4) 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 under this section, and follow the procedures specified in the notification. 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 447.14(4)(a) (a) Scheduled starting and completion dates.

NR 447.14(4)(b) (b) Reason for disturbing the waste.

NR 447.14(4)(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 447.14(4)(d) (d) Location of any temporary storage site and the final disposal site.

NR 447.14(5) (5) After November 1, 1992, within 60 days of a site becoming inactive, record, in accordance with ch. 706, Stats., a notation on the deed to the facility property and on any other instrument that would normally be examined during a title search; this notation shall in perpetuity notify any potential purchaser of the property that:

NR 447.14(5)(a) (a) The land has been used for the disposal of asbestos-containing waste material.

NR 447.14(5)(b) (b) The survey plot and record of the location and quantity of asbestos-containing waste disposed of within the disposal site required in s. NR 447.17 (6) have been filed with the department.

NR 447.14(5)(c) (c) The site is subject to this chapter.

NR 447.14 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 447.15 NR 447.15 Air cleaning.

NR 447.15(1) (1) The owner or operator who uses air cleaning, as specified in ss. NR 447.03 (1), 447.05 (2) (a) 2., 447.08 (3) (a) 2. a. or (4) (b), 447.09 (1) (b) 2., 447.10 (2) (a) 2., 447.12 (2) or (3) (a) 2., 447.13 (1) (a) 2. or (b) 2., and 447.18 (5) shall:

NR 447.15(1)(a) (a) Use fabric filter collection devices, except as noted in sub. (2), doing all of the following:

NR 447.15(1)(a)1. 1. Ensuring that the airflow permeability, as determined by ASTM Method D737-96, incorporated by reference in s. NR 484.10 (10), does not exceed 9 m3/min/m2 (30 ft3min/ft2) for woven fabrics or 11 m3/min/m2 (35 ft3/min/ft2) for felted fabrics, except that 12 m3/min/m2 (40 ft3/min/ft2) for woven and 14 m3/min/m2 (45 ft3/min/ft2) for felted fabrics is allowed for filtering air from asbestos ore dryers.

NR 447.15(1)(a)2. 2. Ensuring that felted fabric weighs at least 475 grams per square meter (14 ounces per square yard) and is at least 1.6 millimeter (one-sixteenth inch) thick throughout.

NR 447.15(1)(a)3. 3. Avoiding the use of synthetic fabrics that contain fill yarn other than that which is spun.

NR 447.15(1)(b) (b) Properly install, use, operate and maintain all air-cleaning equipment authorized by this section. Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material.

NR 447.15(1)(c) (c) For fabric filter collection devices installed after January 10, 1989, provide for easy inspection for faulty bags.

NR 447.15(2) (2) There are the following exceptions to sub. (1) (a):

NR 447.15(2)(a) (a) If the use of fabric creates a fire or explosion hazard, or the department determines that a fabric filter is not feasible, the department may authorize as a substitute the use of wet collectors designed to operate with a unit contacting energy of at least 9.95 kilopascals (40 inches water gage pressure).

NR 447.15(2)(b) (b) Use of a High Efficiency Particulate Air (HEPA) filter that is certified to be at least 99.97% efficient for 0.3 micron particles.

NR 447.15(2)(c) (c) Use of an alternative filtering equipment that has received prior authorization from the administrator.

NR 447.15 History History: Cr. Register, October, 1992, No. 442, eff. 11-1-92; am. (1) (a) 1., Register, December, 1995, No. 480, eff. 1-1-96; am. (1) (a) 1., Register, November, 1999, No. 527, eff. 12-1-99.

NR 447.16 NR 447.16 Reporting.

NR 447.16(1) (1) Any new source to which this chapter applies, with the exception of sources subject to ss. NR 447.04, 447.06, 447.07, 447.08, 447.09 and 447.11, which has an initial startup date preceding November 1, 1992, shall provide the information required in this subsection to the department postmarked or delivered within 90 days of November 1, 1992. In the case of a new source that does not have an initial startup date preceding November 1, 1992, the information shall be provided, postmarked or delivered, within 90 days of the initial startup date. Any owner or operator of an existing source shall provide the following information to the department within 90 days of November 1, 1992 unless the owner or operator of the existing source has previously provided this information to the department. Any changes in the information provided by any existing source shall be provided to the department, postmarked or delivered, within 30 days after the change. The information shall include:

NR 447.16(1)(a) (a) A description of the emission control equipment used for each process;

NR 447.16(1)(b) (b) If a fabric filter device is used to control emissions,

NR 447.16(1)(b)1. 1. The airflow permeability in m3/min/m2 (ft3/min/ft2) if the fabric filter device uses a woven fabric and, if the fabric is synthetic, whether the fill yarn is spun or not spun; and

NR 447.16(1)(b)2. 2. If the fabric filter device uses a felted fabric, the density in g/m2 (oz/yd2), the minimum thickness in millimeters (inches), and the airflow permeability in m3/min/m2 (ft3/min/ft2);

NR 447.16(1)(c) (c) If a High Efficiency Particulate Air (HEPA) filter is used to control emissions, the certified efficiency of the filter.

NR 447.16(1)(d) (d) For sources subject to s. NR 447.12 or 447.13 the shall include all of the following:

NR 447.16(1)(d)1. 1. A brief description of each process that generates asbestos-containing waste material.

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.

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.