Wis. Admin. Code Department of Natural Resources NR 447.12

Current through October 28, 2024
Section 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.

(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.
(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).
(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:
(a) Use a wetting agent as follows:
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.
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.
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.
(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).

Note: To obtain approval for an alternative method, a written application must be submitted to the administrator demonstrating that the following criteria are met:

1. The alternative method will control asbestos emissions equivalent to currently required methods.
2. The suitability of the alternative method for the intended application.
3. The alternative method will not violate other regulations. 4. The alternative method will not result in increased water pollution, land pollution or occupational hazards.
(4) When waste is transported by vehicle to a disposal site, an owner or operator shall:
(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:
1. Be displayed in such a manner and location that a person can easily read the legend.
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.
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.

Legend

Notation

DANGER

2.5 cm (1 inch) Sans Serif, Gothic or Block

Asbestos Dust Hazard

2.5 cm (1 inch) Sans Serif, Gothic or Block

CANCER AND LUNG DISEASE HAZARD

1.9 cm (3/4 inch) Sans Serif, Gothic or Block

Authorized Personnel Only

17 Point Gothic

(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.
(5) For all asbestos-containing waste material transported off the facility site, an owner or operator shall:
(a) Maintain asbestos waste shipment records using a format acceptable to the department and include the following information:
1. The name, address and telephone number of the waste generator.
2. The name and address of the department staff person responsible for administering this chapter.
3. The quantity of the asbestos-containing waste material in cubic meters (cubic yards).
4. The name and telephone number of the disposal site operator.
5. The name and physical site location of the disposal site.
6. The date transported.
7. The name, address and telephone number of the transporters.
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.
(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.
(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:
1. A copy of the waste shipment record for which a confirmation of delivery was not received.
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.
(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.
(6) An owner or operator shall furnish upon request, and make available for inspection by the department, all records required under this section.

Wis. Admin. Code Department of Natural Resources NR 447.12

Cr. Register, October, 1992, No. 442, eff. 11-1-92; am. (4) (a) 2., Register, December, 1995, No. 480, eff. 1-1-96.