[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: 40CFR61.150]

[Page 113-115]
 
                   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. 61.150  Standard for waste disposal for manufacturing, 
fabricating, demolition, renovation, and spraying operations.

    Each owner or operator of any source covered under the provisions of 
Sec. Sec. 61.144, 61.145, 61.146, and 61.147 shall comply with the 
following provisions:
    (a) 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 paragraphs (a) (1) through (4) of this section.
    (1) Adequately wet asbestos-containing waste material as follows:
    (i) Mix control device asbestos waste to form a slurry; adequately 
wet other asbestos-containing waste material; and
    (ii) Discharge no visible emissions to the outside air from 
collection, mixing, wetting, and handling operations, 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; and
    (iii) 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; and
    (iv) Label the containers or wrapped materials specified in 
paragraph (a)(1)(iii) of this section using warning labels specified by 
Occupational Safety and Health Standards of the Department of Labor, 
Occupational Safety and Health Administration (OSHA) under 29 CFR 
1910.1001(j)(4) or 1926.1101(k)(8). The labels shall be printed in 
letters of sufficient size and contrast so as to be readily visible and 
legible.
    (v) 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.

[[Page 114]]

    (2) Process asbestos-containing waste material into nonfriable forms 
as follows:
    (i) Form all asbestos-containing waste material into nonfriable 
pellets or other shapes;
    (ii) Discharge no visible emissions to the outside air from 
collection and processing operations, including incineration, or use the 
method specified by Sec. 61.152 to clean emissions containing 
particulate asbestos material before they escape to, or are vented to, 
the outside air.
    (3) For facilities demolished where the RACM is not removed prior to 
demolition according to Sec. Sec. 61.145(c)(1) (i), (ii), (iii), and 
(iv) or for facilities demolished according to Sec. 61.145(c)(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 
paragraph do not have to be sealed in leak-tight containers or wrapping 
but may be transported and disposed of in bulk.
    (4) Use an alternative emission control and waste treatment method 
that has received prior approval by the Administrator according to the 
procedure described in Sec. 61.149(c)(2).
    (5) As applied to demolition and renovation, the requirements of 
paragraph (a) of this section 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.
    (b) All asbestos-containing waste material shall be deposited as 
soon as is practical by the waste generator at:
    (1) A waste disposal site operated in accordance with the provisions 
of Sec. 61.154, or
    (2) An EPA-approved site that converts RACM and asbestos-containing 
waste material into nonasbestos (asbestos-free) material according to 
the provisions of Sec. 61.155.
    (3) The requirements of paragraph (b) of this section do not apply 
to Category I nonfriable ACM that is not RACM.
    (c) Mark vehicles used to transport asbestos-containing waste 
material during the loading and unloading of waste so that the signs are 
visible. The markings must conform to the requirements of Sec. Sec. 
61.149(d)(1) (i), (ii), and (iii).
    (d) For all asbestos-containing waste material transported off the 
facility site:
    (1) Maintain 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 
office responsible for administering the asbestos NESHAP program.
    (iii) The approximate quantity 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) Provide a copy of the waste shipment record, described in 
paragraph (d)(1) of this section, to the disposal site owners or 
operators at the same time as the asbestos-containing waste material is 
delivered to the disposal site.
    (3) 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.
    (4) 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

[[Page 115]]

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.
    (5) 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.
    (e) Furnish upon request, and make available for inspection by the 
Administrator, all records required under this section.

[55 FR 48429, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991, as amended at 68 
FR 54793, Sept. 18, 2003]