HAR §11-501-16. shall also comply with this provision

[Eff ] (Auth: HRS §342P-41) (Imp: 40 CFR Part 61.153) §11-501-16 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 regulated pursuant to section 11-501-11, 11-501-12 or 11-501-17 shall meet the requirements of this section: (1) There shall 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 (3) or (4) shall be met; (2) Unless a natural barrier adequately deters access by the general public, either warning signs and fencing shall be installed and maintained as follows, or the requirements of paragraph (3)(A) shall be met. (A) Warning signs shall be displayed at all entrances and at intervals of one hundred meters (three hundred and thirty 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 is 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 of 51 cm X 36 cm (20" X 14 ") 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) The perimeter of the disposal site shall be fenced in a manner adequate to deter access by the general public; and (C) Upon request and supply of appropriate information, the director shall determine whether a fence or a natural barrier adequately deters access by the general public; (3) Rather than meet the no visible emission requirement of paragraph (1), at the end of each operating day, or at least once in every twenty-four-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 twenty-four hour period shall: (A) Be covered with at least fifteen centimeters (six inches) of compacted non-asbestos-containing material; or (B) Be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. The 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 director. For purposes of this paragraph, any used, spent, or other waste oil is not considered a dust suppression agent; (4) Rather than meet the no visible emission requirement of paragraph (1), use an alternative emissions control method that has received prior written approval by the director by submitting a written application 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; (5) For all asbestos-containing waste material received, the owner or operator of the active waste disposal site shall: (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: (i) The name, address, and telephone number of the waste generator; (ii) The name, address, and telephone number of the transporter or transporters; (iii) The quantity of the asbestos- containing waste material in cubic meters or 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 department by the following working day, the presence of a significant amount of improperly enclosed or uncovered waste. Submit a copy of the waste shipment record along with the report; and (v) The date of the receipt; (B) As soon as possible and no longer than thirty days after receipt of the waste, send a copy of the signed waste shipment record to the waste generator; (C) 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 fifteen days after receiving the waste, immediately report in writing to the department, describing the discrepancy and attempts to reconcile it, and submit a copy of the waste shipment record along with the report; and (D) Retain a copy of all records and reports required by this paragraph for at least two years; (6) 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; (7) Upon closure, comply with all the provisions of section 11-501-13; (8) Submit to the director, upon closure of the facility, a copy of records of asbestos waste disposal locations and quantities; (9) Furnish upon request, and make available during normal business hours for inspection by the director, all records required pursuant to this section; and (10) 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 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 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) The scheduled starting and completion dates; (B) The reason for disturbing the waste; (C) The 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) The location of any temporary storage site and the final disposal site. [Eff ] (Auth: HRS §342P-41) (Imp: 40 CFR Part 61.154) §11-501-17 Standard for operations that convert asbestos-containing waste material into non-asbestos (asbestos-free) material. Each owner or operator of an operation that converts RACM and asbestos-containing waste material into non-asbestos (asbestos-free) material shall: (1) Obtain the prior written approval of the director to construct the facility. To obtain approval, the owner or operator shall provide the director with the following information: (A) An application to construct; (B) The application shall include the following: (i) A description of waste feed handling and temporary storage; (ii) A description of process operating conditions; (iii) A description of the handling and temporary storage of the end product; and (iv) A description of the protocol to be followed when analyzing output materials by transmission electron microscopy; (C) Performance test protocol, including provisions for obtaining information required pursuant to paragraph (2); and (D) The director may require that a demonstration of the process be performed prior to approval of the application to construct. (2) Conduct a start-up performance test. Test results shall include: (A) A detailed description of the types and quantities of non-asbestos material, RACM, and asbestos- containing waste material processed, e.g., asbestos cement products, friable asbestos insulation, plaster, wood, plastic, wire, and similar materials. Test feed is to include the full range of materials that will be encountered in actual operation of the process; (B) Results of analyses, using polarized light microscopy, that document the asbestos content of the wastes processed; (C) Results of analyses, using transmission electron microscopy, that document that the output materials are free of asbestos. Samples for analysis are to be collected as eight-hour composite samples (one 200-gram or seven-ounce sample per hour), beginning with the initial introduction of RACM or asbestos- containing waste material and continuing until the end of the performance test; (D) A description of operating parameters, such as temperature and residence time, defining the full range over which the process is expected to operate to produce non-asbestos (asbestos-free) materials. Specify the limits for each operating parameter within which the process will produce non-asbestos (asbestos- free) materials; and (E) The length of the test; (3) During the initial ninety days of operation: (A) Continuously monitor and log the operating parameters identified during start-up performance tests that are intended to ensure the production of non-asbestos (asbestos-free) output material; (B) Monitor input materials to ensure that they are consistent with the test feed materials described during start-up performance tests in paragraph (2)(A); and (C) Collect and analyze samples, taken as ten-day composite samples (one 200- gram or seven-ounce sample collected every eight hours of operation) of all output material for the presence of asbestos. Composite samples may be for fewer than ten days. A Transmission Electron Microscope (TEM) shall be used to analyze the output material for the presence of asbestos. During the initial ninety-day period, all output materials shall be stored on-site until analysis shows the material to be asbestos-free or disposed of as asbestos-containing waste material according to section 11-501-12; (4) After the initial ninety days of operation: (A) Continuously monitor and record the operating parameters identified during start-up performance testing and any subsequent performance testing. Any output produced during a period of deviation from the range of operating conditions established to ensure the production of non-asbestos (asbestos- free) output materials shall be: (i) Disposed of as asbestos- containing waste material according to section 11-501-12; (ii) Recycled as waste feed during process operation within the established range of operating conditions; or (iii) Stored temporarily on-site in a leak-tight container until analyzed for asbestos content. Any product material that is not asbestos-free shall be either disposed of as asbestos- containing waste material or recycled as waste feed to the process; and (B) Collect and analyze monthly composite samples (one 200-gram or seven-ounce sample collected every eight hours of operation) of the output material. Transmission electron microscopy (TEM) shall be used to analyze the output material for the presence of asbestos; (5) Discharge no visible emissions to the outside air from any part of the 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; (6) Maintain records on-site and include the following: (A) Results of start-up performance testing and all subsequent performance testing, including operating parameters, feed characteristic, and analyses of output materials; (B) Results of the composite analyses required during the initial ninety days of operation pursuant to paragraph (3); (C) Results of the monthly composite analyses required pursuant to paragraph (4); (D) Results of continuous monitoring and logs of process operating parameters required pursuant to paragraphs (3) and (4); (E) The information on waste shipments received as required pursuant to section 11-501-16(5); (F) For output materials where no analyses were performed to determine the presence of asbestos, record the name and location of the purchaser or disposal site to which the output materials were sold or deposited, and the date of sale or disposal; and (G) Retain records required by this paragraph for at least two years; (7) Submit the following reports to the director: (A) A report for each analysis of product composite samples performed during the initial ninety days of operation; (B) A quarterly report, including the following information concerning activities during each consecutive three-month period: (i) Results of analyses of monthly product composite samples; (ii) A description of any deviation from the operating parameters established during performance testing, the duration of the deviation, and steps taken to correct the deviation; (iii) Disposition of any product produced during a period of deviation, including whether it was recycled, disposed of as asbestos-containing waste material, or stored temporarily on-site until analyzed for asbestos content; and (iv) The information on waste disposal activities as required in section 11-501-16(6); and (8) Non-asbestos (asbestos-free) output material is not subject to any of the provisions of this chapter. Output materials in which asbestos is detected, or output materials produced when the operating parameters deviated from those established during the start-up performance testing, unless shown by TEM analysis to be asbestos-free, shall be considered to be asbestos-containing waste and shall be handled and disposed of according to sections 11-501-12 and 11-501-16 or reprocessed while all of the established operating parameters are being met. [Eff ] (Auth: HRS §342P-41) (Imp: 40 CFR Part 61.155) §11-501-18 Cross-reference to other asbestos regulations. In addition to this chapter, the regulations referenced in the following Table 1 also apply to asbestos and may be applicable to those sources specified in sections 11-501-4 through 11-501- 13, 11-501-16, and 11-501-17. These cross-references are presented for the reader's information and to promote compliance with the cited regulations. Table 1. Cross Reference to Other Asbestos Regulations Agency CFR citation Comment EPA 40 CFR part 763, subpart E Requires schools to inspect for asbestos and implement response actions and submit asbestos management plans to States. Specifies use of certified inspectors, air sampling methods, and waste disposal procedures. 40 CFR part 427 Effluent standards for asbestos manufacturing source categories. 40 CFR part 763, subpart G Protects public employees performing asbestos abatement work in States not covered by OSHA asbestos standard OSHA 29 CFR 1910.1001 Worker protection measures – engineering controls, worker training, labeling, respiratory protection, bagging of waste, 0.1 f/cc permissible exposure level. 29 CFR 1926.1101 Worker protection measures for all construction work involving asbestos, including demolition and renovation – work practices, worker training, bagging of waste, 0.1 f/cc permissible exposure level. MSHA 30 CFR part 56, subpart D Specifies exposure limits, engineering controls, and respiratory protection measures for workers in surface mines. 30 CFR part 57 Specifies exposure limits, engineering controls, and respiratory protection measure for workers in underground mines. DOT 49 CFR parts 171 and 172 Regulates the transportation of asbestos-containing waste material. Requires waste containment and shipping papers. [Eff ] (Auth: HRS §342P-41) (Imp: 40 CFR Part 61.156) DEPARTMENT OF HEALTH Chapter 11-501, Hawaii Administrative Rules, on the Summary Page dated , was adopted on , following public hearings held on June 1, 1999 in Honolulu, Hawaii, June 2, 1999 in Lihue, Hawaii, June 3, 1999 in Wailuku, Hawaii, June 7, 1999 in Kailua-Kona, Hawaii, and June 8, 1999 in Hilo, Hawaii, after public notice was given in the Hawaii State & County Public Notices on May 3, 1999. The adoption of Chapter 11-501 shall take effect ten days after filing with the Office of the Lieutenant Governor. ________________________________ Bruce S. Anderson, Ph.D., M.P.H. Director of Health APPROVED: ____________________________ Benjamin J. Cayetano Governor State of Hawaii Date: _________________ ________________________ Filed APPROVED AS TO FORM: _______________________ Deputy Attorney General Figure 1. Record of Visible Emissions June 1, 1998 Date of Inspection (mm/dd/yy) Time of inspection (a.m./p.m.) Air cleaning device or fugitive source designation or number Visible emissions observed? (y/n) Corrective action taken Daily operating hours Inspector’s initials Figure 2. Air Cleaning Device Inspection Checklist June 1, 1998 1. Air cleaning device designation or number ________________ 2. Date of inspection (mm/dd/yy) ________________ 3. Time of inspection (a.m./p.m.) ________________ 4. Air cleaning device operating properly (y/n) ________________ 5. Tears, holes or abrasions in fabric filter (y/n) ________________ 6. Dust on clean side of fabric filters (y/n) ________________ 7. Other signs of malfunctions or potential malfunctions (y/n) ________________ 8. Describe other malfunctions or signs of potential malfunctions ________________ _______________________________________________________________________ 9. Describe corrective action(s) taken _______________________________________ _______________________________________________________________________ 10. Date and time corrective action taken ________________ 11. Inspected by: __________________ _________________ _________________ __________ Print/type name Title Signature Date __________________ _________________ _________________ __________ Print/type name Title Signature Date Figure 3. Page 1 of 3 Asbestos Notification of Demolition and Renovation June 1, 1998 Postmark: Received: Notification #: I. Type of notification: O=original R=revised C=cancelled II. Type of operation: D=Demolition R=Renovation OD=Ordered Demolition ER=Emergency Renovation III. Facility information Owner name: Address: City: State: Zipcode: Contact person: Telephone #: Removal contractor: License #: Address: City: State: Zipcode: Contact person: Telephone #: Other operator: Address: City: State: Zipcode: Contact person: Telephone #: IV. Is asbestos present (y/n): Inspector’s name: Certification #: State of certification: V. Facility description (Include building number, floor and room number) Building name: Address: City: State: Zipcode: Site location: Building size (sq. ft.): # Floors: Age: Present use: Prior use: VI. Procedure used to detect the presence of asbestos Laboratory name: Analytical method Figure 3. Page 2 of 3 Asbestos Notification of Demolition and Renovation June 1, 1998 VII. Specify the nature of the asbestos material (TSI, surfacing, VAT, miscellaneous): Nonfriable ACM not to be removed Amount of asbestos, including: 1. RACM to be removed 2. CAT I left in place, and 3. CAT II left in place RACM to be removed Category I Category II Pipes (linear ft.) Surfacing (square ft.) Facility components (cu. ft.) VIII. Scheduled asbestos abatement dates Start (mm/dd/yy): Finish (mm/dd/yy) Circle workdays and times: weekdays: daytime nighttime weekends: daytime nighttime IX. Scheduled renovation/demolition dates Start (mm/dd/yy): Finish (mm/dd/yy) Circle workdays and times: weekdays: daytime nighttime weekends: daytime nighttime X. Description of the planned renovation/demolition work and methods to be used: XI. Description of the work practices and engineering controls to be used to prevent emissions of asbestos from the work-site: Project designer name: Certification #: State: XII. Waste transporter #1 Name: Address: City: State: Zipcode: Contact Person: Telephone: Waste transporter #2 Name: Address: City: State: Zipcode: Contact Person: Telephone: Figure 3. Page 3 of 3 Asbestos Notification of Demolition and Renovation June 1, 1998 XIII. Waste disposal site: Facility Name: Telephone: Address: City: State: Zipcode: XIV. For demolition ordered by a government agency, please identify: Name: Title: Authority (Agency): Date of order (mm/dd/yy): Date ordered to begin (mm/dd/yy): XV. For emergency renovations: Date and time of emergency Date (mm/dd/yy): Time: (a.m./p.m.) Description of sudden, unexpected event and the damage caused: Explanation of how the event caused an unsafe condition or would cause equipment damage or an unreasonable financial burden: Person contacted for approval at the Noise, Radiation & Indoor Air Quality Branch: Name: Date (mm/dd/yy): Time: (a.m./p.m.) XVI. Description of procedures to be followed in the event that unexpected asbestos is found or previously nonfriable asbestos material becomes crumbled, pulverized or reduced to powder: XVII. I certify that an individual trained in the provisions of Hawaii administrative rules chapter 11-501, and certified as a contractor/supervisor, will be on-site during the entire renovation and/or demolition and evidence that the required training has been accomplished for this and all workers will be available at the work-site. ______________________________________________ ________________________ Signature of owner/operator Date (mm/dd/yy): XVIII. I certify that the information on this notification is correct. ______________________________________________ ________________________ Signature of owner/operator Date (mm/dd/yy): Figure 4. Page 1 of 2 Waste Shipment Record June 1, 1998 INSTRUCTIONS Waste Generator Section (Items 1 - 9) 1. Enter the name of the facility at which asbestos waste is generated and the address where the facility is located. In the appropriate spaces, also enter the name of the owner of the facility and the owner’s phone number. 2. If a demolition or renovation, enter the name and address of the company and authorized agent responsible for performing the asbestos removal. In the appropriate spaces, also enter the phone number of the operator. 3. Enter the name, address, and physical site location of the waste disposal site (WDS) that will be receiving the asbestos materials. In the appropriate spaces, also enter the phone number of the WDS. Enter "on-site" if the waste will be disposed of on the generator’s property. 4. Provide the name and address of the local, state, or EPA Regional office responsible for administering the asbestos NESHAP program. 5. Indicate the type of asbestos waste materials generated. If from a demolition or renovation, indicate the amount of material that is 1) Friable asbestos material and 2) Nonfriable asbestos material. 6. Enter the number of containers used to transport the asbestos materials listed in item 5. Also enter one of the following container codes used in transporting each type of asbestos material (specify any other type of container used if not listed here): 1) DM- Metal drums, barrels, 2) DP- Plastic drums, barrels and 3.) BA- 6 mil plastic bags or wrapping. 7. Enter the quantities to each type of asbestos material removed in units of cubic meters (cubic yards). 8. Use this space to indicate special transportation, treatment, storage or disposal or Bill of Lading information. If an alternate waste disposal site is designated, note it here. Emergency response telephone numbers or similar information may be included here. 9. The authorized agent of the waste generator must read and then sign and date this certification. The date is the date of receipt by transporter. NOTE: The waste generator must retain a copy of this form Transporter Section (Items 10 & 11) 10. Enter name, address, and telephone number of each transporter used, if applicable. Print or type the full name and title of person accepting responsibility and acknowledging receipt of the materials as listed on this waste shipment record for transport. Enter date of receipt and signature. 11. The transporter must retain a copy of this form. Disposal Site Section (Items 12 & 13) 12. The authorized representative of the WDS must note in this space any discrepancy between waste described on this manifest and waste actually received as well as any improperly enclosed or contained waste. Any rejected materials should be listed and destination of those materials provided. A site that converts asbestos-containing waste materials to non-asbestos material is considered a WDS. 13. The signature (by hand) of the authorized WDS agent indicates acceptance and agreement with the statements on this manifest except as noted in item 12. The date is the date of signature and receipt of shipment. NOTE: The WDS must retain a completed copy of this form. The WDS must also send a completed copy to the operator listed in item two. Figure 4. Page 2 of 2 Waste Shipment Record June 1, 1998 I. Work site name and address: Owner’s name: Telephone #: II. Operator’s name: Telephone #: Address: III. Waste disposal site (WDS) name: Telephone #: Mailing address: Site location: IV. Responsible agency name and address: VI. Containers V. Description of materials No. Type VII. Total quantity m3 (yd3) VIII. Special handling instruction and additional information: Waste Generator IX. Operator’s Certification: I hereby declare that the contents of this consignment are fully and accurately described above 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. __________________________ ______________________________ _____________ Printed name and title Signature Date X. Transporter #1 (Acknowledgement of receipt of materials) __________________________ ______________________________ _____________ Printed name and title Signature Date Address: Transporter XI. Transporter #2 (Acknowledgment of receipt of materials) __________________________ ______________________________ _____________ Printed name and title Signature Date Address: XII. Indicate any discrepancies here: Disposal Site XIII. Waste disposal site owner or operator: Certification of receipt of asbestos materials covered by this manifest except as noted in items XII. __________________________ ______________________________ _____________ Printed name and title Signature Date