[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.149]
[Page 109-113]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
Subpart M_National Emission Standard for Asbestos
Sec. 61.149 Standard for waste disposal for asbestos mills.
Each owner or operator of any source covered under the provisions of
Sec. 61.142 shall:
(a) Deposit all asbestos-containing waste material at a waste
disposal site operated in accordance with the provisions of Sec.
61.154; and
(b) 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 Sec. 61.152 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 Sec. 61.150(a) or paragraph (c) of this section; and
(c) 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 paragraphs (c) (1) or (2) of this section, as follows:
(1) Use a wetting agent as follows:
(i) 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.
(ii) Discharge no visible emissions to the outside air from the
wetting operation or use the methods specified by Sec. 61.152 to clean
emissions containing particulate asbestos material before they escape
to, or are vented to, the outside air.
(iii) Wetting may be suspended when the ambient temperature at the
waste disposal site is less than -9.5 [deg]C (15 [deg]F), as determined
by an appropriate measurement method with an accuracy of 1 [deg]C (2 [deg]F). During
periods when wetting operations are suspended, the temperature must be
recorded at least at hourly intervals, and records must be retained for
at least 2 years in a form suitable for inspection.
(2) Use an alternative emission control and waste treatment method
that has received prior written approval by the Administrator. To obtain
approval for an alternative method, a written application must be
submitted to the Administrator demonstrating that the following criteria
are met:
(i) The alternative method will control asbestos emissions
equivalent to currently required methods.
(ii) The suitability of the alternative method for the intended
application.
(iii) The alternative method will not violate other regulations.
(iv) The alternative method will not result in increased water
pollution, land pollution, or occupational hazards.
(d) When waste is transported by vehicle to a disposal site:
(1) 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 must:
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(i) Be displayed in such a manner and location that a person can
easily read the legend.
(ii) Conform to the requirements for 51 cm x 36 cm (20 in x 14 in)
upright format signs specified in 29 CFR 1910.145(d)(4) and this
paragraph; and
(iii) 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
DANGER
ASBESTOS DUST HAZARD
CANCER AND LUNG DISEASE HAZARD
Authorized Personnel Only
Notation
2.5 cm (1 inch) Sans Serif, Gothic or Block
2.5 cm (1 inch) Sans Serif, Gothic or Block
1.9 cm (\3/4\ inch) Sans Serif, Gothic or Block
14 Point Gothic
Spacing between any two lines must be a least equal to the height of the
upper of the two lines.
(2) For off-site disposal, provide a copy of the waste shipment
record, described in paragraph (e)(1) of this section, to the disposal
site owner or operator at the same time as the asbestos-containing waste
material is delivered to the disposal site.
(e) For all asbestos-containing waste material transported off the
facility site:
(1) Maintain asbestos waste shipment records, using a form similar
to that shown in Figure 4, and include the following information:
(i) The name, address, and telephone number of the waste generator.
(ii) The name and address of the local, State, or EPA Regional
agency responsible for administering the asbestos NESHAP program.
(iii) The quantity of the asbestos-containing waste material in
cubic meters (cubic yards).
(iv) The name and telephone number of the disposal site operator.
(v) The name and physical site location of the disposal site.
(vi) The date transported.
(vii) The name, address, and telephone number of the transporter(s).
(viii) 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 and government regulations.
(2) 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 and/or the
owner or operator of the designated disposal site to determine the
status of the waste shipment.
(3) Report in writing to the local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program for the waste
generator 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:
(i) A copy of the waste shipment record for which a confirmation of
delivery was not received, and
(ii) A cover letter signed by the waste generator explaining the
efforts taken to locate the asbestos waste shipment and the results of
those efforts.
(4) 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.
(f) Furnish upon request, and make available for inspection by the
Administrator, all records required under this section.
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