Haw. Code R. § 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.

Notes

Haw. Code R. § 11-501-17

[Eff ] (Auth: HRS § 342P-41) (Imp: 40 CFR Part 61.155)