329 Ind. Admin. Code 10-8.2-4

Current through December 12, 2024
Section 329 IAC 10-8.2-4 - Regulated asbestos-containing materials

Authority: IC 13-14-8-7; IC 13-15-2; IC 13-19-3-1

Affected: IC 13-17-6; IC 13-19

Sec. 4.

(a) Regulated asbestos-containing materials, except for Category II nonfriable asbestos-containing materials regulated under subsection (b), must be managed in accordance with 326 IAC 14-10, 40 CFR 61, Subpart M*, and the following:
(1) The generator must provide the solid waste land disposal facility with sufficient notice in advance of the disposal so that the facility may prepare to accept the regulated asbestos-containing material.
(2) All regulated asbestos-containing material must be handled in accordance with the wetting, packaging, and labeling provisions of 40 CFR 61.145(c) * and 40 CFR 61.150(a) *.
(3) Each load of regulated asbestos-containing material must be accompanied by a waste shipment record prepared on one (1) of the following:
(A) A form provided by the department.
(B) A form produced by the generator that includes all the information included on the form provided by the department.
(4) All regulated asbestos-containing material must be disposed of in accordance with the following:
(A)40 CFR 61.154 *.
(B)326 IAC 14-10.
(C) There must not be direct physical contact between regulated asbestos-containing material and heavy equipment during disposal and covering operations.
(D) All regulated asbestos-containing material must be covered with soil, approved alternative material, or solid waste before compaction with heavy equipment or within twenty-four (24) hours of receipt of the waste to prevent airborne release.
(E) Any regulated asbestos-containing material that is improperly packaged or in which packaging has been damaged must be placed in the working face of the MSWLF unit or non-MSWLF unit and covered immediately after placement of the waste.
(F) A certified operator shall be present at the MSWLF unit or non-MSWLF unit during all handling and disposal of regulated asbestos-containing material to ensure compliance with this subsection. The certified operator shall be certified in accordance with 329 IAC 12.
(G) All personnel involved in off-loading or in covering shall use appropriate personal protective equipment as necessary to prevent exposure to any airborne release of asbestos fibers during disposal operations.
(H) The solid waste land disposal facility must have a written contingency plan to safely control torn and broken containers. Dedicated equipment and supplies must be maintained at the facility to properly handle spilled or improperly packaged or wetted regulated asbestos-containing material. If release of asbestos-containing waste materials occurs, the solid waste land disposal facility must take immediate corrective action directed by the certified operator.
(b) Category II nonfriable asbestos-containing material, as defined in 40 CFR 61.141 *, that has not been made friable by forces reasonably expected to act on the material before disposal must be managed in accordance with the following:
(1) Subsection (a)(1).
(2) Subsection (a)(3).
(3) Subsection (a)(4).
(4) Containers or wrapped materials must be labeled with warning labels that meet the requirements of 29 CFR 1910.1001(j)(4) *, and include the information in the following figure:

DANGER

CONTAINS ASBESTOS FIBERS

AVOID CREATING DUST

CANCER AND LUNG DISEASE HAZARD

(5) For asbestos-containing waste material to be transported off the facility site, containers or wrapped materials must be labelled with the name of the waste generator and the location at which the waste was generated.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana, 46204.

329 IAC 10-8.2-4

Solid Waste Management Board; 329 IAC 10-8.2-4; filed Jul 14, 2004, 9:15 a.m.: 27 IR 3962; readopted filed Aug 5, 2010, 10:56 a.m.: 20100825-IR-329100228BFA; readopted filed Jun 6, 2016, 11:52 a.m.: 20160706-IR-329160144BFA
Filed 8/1/2016, 3:41 p.m.: 20160831-IR-329140111FRA, eff 1/1/2017
Filed 4/24/2020, 4:48 p.m.: 20200506-IR-329190411FRA, eff 4/24/2020, see Executive Order 20-15, posted at 20200422-IR-GOV200234EOA

This version of section effective January 1, 2017. See also preceding version of section, effective until January 1, 2017.