[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: 40CFR61.151]
[Page 115-116]
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. 61.151 Standard for 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 Sec. 61.142, 61.144, or 61.147 and
received deposits of asbestos-containing waste material generated by the
sources, shall:
(a) Comply with one of the following:
(1) Either discharge no visible emissions to the outside air from an
inactive waste disposal site subject to this paragraph; or
(2) 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; or
(3) 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; or
(4) 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 paragraphs (a) (1), (2), and (3) of this section. 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
Administrator 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.
(b) Unless a natural barrier adequately deters access by the general
public, install and maintain warning signs and fencing as follows, or
comply with paragraph (a)(2) or (a)(3) of this section.
(1) Display warning signs at all entrances and at intervals of 100 m
(328 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 was deposited. The warning signs must:
(i) Be posted in such a manner and location that a person can easily
read the legend; and
(ii) Conform to the requirements for 51 cmx36 cm
(20x14) 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.
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Legend Notation
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Asbestos Waste Disposal Site.............. 2.5 cm (1 inch) Sans Serif,
Gothic or Block
Do Not Create Dust........................ 1.9 cm (\3/4\ inch) Sans
Serif, Gothic or Block
Breathing Asbestos is Hazardous to Your 14 Point Gothic.
Health.
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Spacing between any two lines must be at least equal to the height of
the upper of the two lines.
(2) Fence the perimeter of the site in a manner adequate to deter
access by the general public.
[[Page 116]]
(3) When requesting a determination on whether a natural barrier
adequately deters public access, supply information enabling the
Administrator to determine whether a fence or a natural barrier
adequately deters access by the general public.
(c) 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 paragraph (a) or (b) of this section.
(d) Notify the Administrator 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 must be provided to the
Administrator at least 10 working days before excavation begins and in
no event shall excavation begin earlier than the date specified in the
original notification. Include the following information in the notice:
(1) Scheduled starting and completion dates.
(2) Reason for disturbing the waste.
(3) 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
Administrator may require changes in the emission control procedures to
be used.
(4) Location of any temporary storage site and the final disposal
site.
(e) Within 60 days of a site becoming inactive and after the
effective date of this subpart, record, in accordance with State law, 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 will in perpetuity notify any potential purchaser of the
property that:
(1) The land has been used for the disposal of asbestos-containing
waste material;
(2) The survey plot and record of the location and quantity of
asbestos-containing waste disposed of within the disposal site required
in Sec. 61.154(f) have been filed with the Administrator; and
(3) The site is subject to 40 CFR part 61, subpart M.
[49 FR 13661, Apr. 5, 1984, as amended at 53 FR 36972, Sept. 23, 1988.
Redesignated and amended at 55 FR 48429, Nov. 20, 1990]