[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: 40CFR61.154]
[Page 117-119]
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. 61.154 Standard for 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
Sec. 61.149, 61.150, or
[[Page 118]]
61.155 shall meet the requirements of this section:
(a) Either there must 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 paragraph (c) or (d)
of this section must be met.
(b) Unless a natural barrier adequately deters access by the general
public, either warning signs and fencing must be installed and
maintained as follows, or the requirements of paragraph (c)(1) of this
section must be met.
(1) Warning signs must 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 must:
(i) Be posted in such a manner and location that a person can easily
read the legend; and
(ii) Conform to the requirements of 51 cm x 36 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.
------------------------------------------------------------------------
Legend Notation
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
Spacing between any two lines must be at least equal to the height of
the upper of the two lines.
(2) The perimeter of the disposal site must be fenced in a manner
adequate to deter access by the general public.
(3) Upon request and supply of appropriate information, the
Administrator will determine whether a fence or a natural barrier
adequately deters access by the general public.
(c) Rather than meet the no visible emission requirement of
paragraph (a) of this section, 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:
(1) Be covered with at least 15 centimeters (6 inches) of compacted
nonasbestos-containing material, or
(2) 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 Administrator. For
purposes of this paragraph, any used, spent, or other waste oil is not
considered a dust suppression agent.
(d) Rather than meet the no visible emission requirement of
paragraph (a) of this section, use an alternative emissions control
method that has received prior written approval by the Administrator
according to the procedures described in Sec. 61.149(c)(2).
(e) For all asbestos-containing waste material received, the owner
or operator of the active waste disposal site shall:
(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, address, and telephone number of the transporter(s).
(iii) The quantity of the asbestos-containing waste material in
cubic meters (cubic yards).
(iv) 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 local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program for the waste
generator (identified in the waste shipment record), and, if different,
the local, State, or EPA Regional office responsible for administering
the asbestos NESHAP program for the disposal site, by the following
working day, the presence of a significant amount of improperly enclosed
or uncovered waste. Submit a copy of the
[[Page 119]]
waste shipment record along with the report.
(v) The date of the receipt.
(2) 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.
(3) 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 local, State, or EPA
Regional office responsible for administering the asbestos NESHAP
program for the waste generator (identified in the waste shipment
record), and, if different, the local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program for the
disposal site. Describe the discrepancy and attempts to reconcile it,
and submit a copy of the waste shipment record along with the report.
(4) Retain a copy of all records and reports required by this
paragraph for at least 2 years.
(f) 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.
(g) Upon closure, comply with all the provisions of Sec. 61.151.
(h) Submit to the Administrator, upon closure of the facility, a
copy of records of asbestos waste disposal locations and quantities.
(i) Furnish upon request, and make available during normal business
hours for inspection by the Administrator, all records required under
this section.
(j) 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 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 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.
(Secs. 112 and 301(a) of the Clean Air Act as amended (42 U.S.C. 7412,
7601(a))
[49 FR 13661, Apr. 5, 1990. Redesignated and amended at 55 FR 48431,
Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]