HAR §11-501-10. Standard for insulating materials

No owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of this section do not apply to spray-applied insulating materials regulated by section 11-501-8. [Eff ] (Auth: HRS § 342P-41) (Imp: 40 CFR Part 61.148) §11-501-11 Standard for waste disposal for asbestos mills. (a) Deposit all asbestos-containing material at a waste disposal site operated in accordance with the provisions of section 11-501-16. (b) Discharge no visible emissions to the outside air from the transfer of control device asbestos waste to the tailings conveyor and use the methods specified by section 11-501-14 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 section 11-501-12 or subsection (c). (c) Discharge no visible emissions to the outside air during the collection, processing, packaging, or on-site transportation of any asbestos-containing waste material and use one of the methods specified by paragraphs (1) or (2) as follows: (1) (A) Discharge no visible emissions to the outside air from the wetting operation and use the methods specified by section 11-501-14 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air; and (B) 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 must be recorded at least at hourly intervals, and records must be retained for at least two years in a form suitable for inspection; or (2) Use an alternate emissions control and waste treatment method that has received prior written approval by the director. To obtain approval for an alternative method, a written application must be submitted to the director demonstrating that the following criteria are met: (A) The alternative method will control asbestos emissions equivalent to currently required methods; (B) The suitability of the alternative method for the intended application; (C) The alternative method will not violate other regulations; and (D) The alternative method will not result in increased water pollution, land pollution, or occupational hazards. (d) When the 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, in accordance with section 11-501-7(c)(5)(c)(i), (ii), and (iii); and (2) For off-site disposal, provide a copy of the waste shipment record, described in subsection (e)(1), 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, entitled "Waste Shipment Record", dated June 1, 1998, located at the end of this chapter, and include the following information: (A) The name, address, and telephone number of the waste generator; and (B) The name and address of local, state, or EPA regional agencies responsible for administering the asbestos NESHAP program; (C) The quantity of the asbestos- containing waste material in cubic meters (or cubic yards); (D) The name and telephone number of the disposal site operator; (E) The name and physical site location of the disposal site; (F) The date transported; (G) The name, address, and telephone number of the transporter(s); and (H) 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 the 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 thirty-five 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; (3) Report in writing to the local, state, or EPA regional agency 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 within forty-five days of the date the waste was accepted by the initial transporter. Include in the report the following information: (A) A copy of the waste shipment record for which a confirmation of delivery was not received; and (B) A cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts; and (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 two years. (f) Furnish upon request, and make available for inspection by the director, all records required under this section. [Eff ] (Auth: HRS § 342P-41) (Imp: 40 CFR Part 61.149) §11-501-12 Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations. Each owner or operator of any source regulated by the provisions of sections 11-501- 6, 11-501-7, 11-501-8, and 11-501-9 shall: (1) 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, and use one of the emission control and waste treatment methods specified in subparagraphs (A) through (D): (A) 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; (ii) Discharge no visible emissions to the outside air from collection, mixing, wetting, and handling operations, and meet the containment requirements specified in section 11-501- 7(c)(6)(E), using the methods specified by section 11-501-14 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air; (iii) After wetting, and while still adequately wet, promptly seal all asbestos-containing waste material in leak-tight containers; or, for materials that will not fit into containers without additional breaking, put materials into leak-tight wrapping. All plastic wrapping or containerizing material shall be transparent. Bagging of all loose asbestos material shall be performed at least twice during each work day, before main rest break and at completion of the work day. Bagging shall be done prior to the removal of the materials from containment as specified in section 11-501- 7(c)(6)(E) and the containers shall remain leak-tight; (iv) Label the containers or wrapped materials specified in clause (iii) using warning labels specified by Occupational Safety and Health Standards of OSHA pursuant to 29 CFR 1910.1001(j)(2) or 1926.58 (k)(2)(iii). The labels shall be printed in letters of sufficient size and contrast so as to be readily visible and legible; and (v) For asbestos-containing waste material removed from containment or to be transported off the facility site, label containers or wrapped materials with the name of the owner and operator and the location at which the waste was generated; (B) Process asbestos-containing waste material into nonfriable forms as follows: (i) Form all asbestos-containing waste material into nonfriable pellets or other shapes; and (ii) Discharge no visible emissions to the outside air from collection and processing operations, including incineration, and meet the containment requirements specified in section 11-501- 7(c)(6)(E), using the method specified by section 11-501-14 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air; (C) For facilities demolished where the RACM is not removed prior to demolition according to section 11- 501-7(c)(1)(A) through (D) or for facilities demolished according to section 11-501-7(a)(3) adequately wet asbestos-containing waste material at all times after demolition and keep wet during handling and loading for transport to a disposal site; (D) Use an alternative emissions control and waste treatment method that has received prior approval by the director. To obtain approval for an alternative method, a written application shall be submitted to the director 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 rules; and (iv) The alternative method will not result in increased water pollution, land pollution, or occupational hazards; and (E) As applied to demolition and renovation, the requirements of paragraph (1) 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; (2) All asbestos-containing waste material shall be deposited as soon as is practical by the waste generator at a waste disposal site operated in accordance with the provisions of section 11-501-16, or an EPA- approved site that converts RACM and asbestos-containing waste material into non-asbestos (asbestos-free) material according to the provisions of section 11- 501-17. The requirements of this paragraph do not apply to category I nonfriable ACM that is not RACM; (3) Mark vehicles used to transport asbestos- containing waste material during the loading and unloading of waste so that the signs are visible and in accordance with section 11-501-7(c)(5)(C)(i), (ii), and (iii); (4) For all asbestos-containing waste material transported off the facility site: (A) Maintain waste shipment records, using a form similar to that shown in Figure 4, entitled "Waste Shipment Record", dated June 1, 1998, located at the end of this chapter, and include the following information: (i) The name, address, and telephone number of the waste generator; (ii) The name and address of the state office responsible for administering the asbestos NESHAP program; (iii) The approximate quantity in cubic meters or 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 or transporters; and (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; (B) Provide a copy of the waste shipment record, described in subparagraph (A), to the disposal site owners or operators at the same time as the asbestos-containing waste material is delivered to the disposal site; (C) 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 thirty-five days of the date the waste was accepted by the initial transporter, contact the transporter, owner, or operator of the designated disposal site to determine the status of the waste shipment; (D) 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 forty-five 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; and (E) 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 two years; and (5) Furnish upon request, and make available for inspection by the director, all records required by this section. [Eff ] (Auth: HRS §342P-41) (Imp: 40 CFR Part 61.150) §11-501-13 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 regulated pursuant to section 11-501-4, 11-501- 6, or 11-501-9 and received deposits of asbestos- containing waste material generated by the sources shall: (1) Comply with one of the following: (A) Discharge no visible emissions to the outside air from an inactive waste disposal site subject to this section; (B) Cover the asbestos-containing waste material with at least fifteen centimeters (six inches) of compacted non-asbestos-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 eight additional centimeters (three inches) of well-graded, non-asbestos crushed rock may be placed on top of the final cover instead of vegetation and maintained to prevent emissions; or (C) Cover the asbestos-containing waste material with at least sixty centimeters (two feet) of compacted non-asbestos-containing material, and maintain it to prevent exposure of the asbestos-containing waste; (2) Unless a natural barrier adequately deters access by the general public, install and maintain warning signs and fencing as follows, or comply with paragraph (1)(B) or (C): (A) Display warning signs at all entrances and at intervals of one hundred meters (328 feet) 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 shall: (i) Be posted in a manner and location that a person can easily read the legend; (ii) Conform to the requirements for 51 centimeters X 36 centimeters (20 inches X 14 inches) 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: Asbestos Waste Disposal Site Do Not Create Dust Breathing Asbestos is Hazardous to Your Health 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 shall be at least equal to the height of the upper of the two lines; (B) Fence the perimeter of the site in a manner adequate to deter access by the general public; and (C) When requesting a determination on whether a natural barrier adequately deters public access, supply information enabling the director to determine whether a fence or a natural barrier adequately deters access by the general public; (3) The owner or operator may use an alternative control method that has received prior approval of the director rather than comply with the requirements of paragraph (1) or (2); (4) Notify the director in writing at least forty-five days prior to excavating or otherwise disturbing any asbestos- containing waste material that has been deposited at a waste disposal site pursuant to 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 shall be provided to the director at least ten 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: (A) Scheduled starting and completion dates; (B) Reason for disturbing the waste; (C) 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 director may require changes in the emission control procedures to be used; and (D) Location of any temporary storage site and the final disposal site; and (5) Within sixty days of a site becoming inactive and after the effective date of this chapter, 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: (A) The land has been used for the disposal of asbestos-containing waste material; (B) The survey plot and record of the location and quantity of asbestos- containing waste disposed of within the disposal site required in section 11-501-16(6) have been filed with the director; and (C) The site is subject to this chapter. [Eff ] (Auth: HRS §342P-41) (Imp: 40 CFR Part 61.151)