Haw. Code R. § 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 2 9 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 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.

Notes

Haw. Code R. § 11-501-12

[Eff ] (Auth: HRS § 342P-41) (Imp: 40 CFR Part 61.150)