Or. Admin. Code § 340-248-0280

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-248-0280 - Emission Standards and Procedural Requirements: Asbestos Disposal Requirements

Work practices and procedures for packaging, storing, transporting, and disposing of asbestos-containing waste material: The asbestos waste generator, transporter, owner or operator of a disposal site, and the owner or operator of other sources of asbestos-containing waste material must meet the following standards:

(1) There may be no visible emissions to the atmosphere during the collection; processing; packaging; transporting; or deposition of any asbestos-containing waste material.

(2) All asbestos-containing waste materials must be either:

(a) Processed into nonfriable pellets or other shapes; or

(b) Adequately wetted to ensure that they remain wet until delivered to a disposal site permitted to accept such material and packaged in leak-tight containers such as within two plastic bags, each with a minimum thickness of 6 mil., within a fiber or metal drum, or within a similar leak-tight packaging. Containers must be labeled as follows:

(A) The name of the asbestos waste generator and the location where the waste was generated; and

(B) A warning label that complies with either subparagraph (i) or (ii):

(i) A warning label that states the following in bold, all-capital letters and separated as shown here:

"DANGER

CONTAINS ASBESTOS FIBERS

AVOID CREATING DUST

CANCER AND LUNG DISEASE HAZARD

AVOID BREATHING AIRBORNE

ASBESTOS FIBERS"

(ii) Alternatively, warning labels specified by 29 C.F.R. 1926.1101(k)(7) may be used.

(C) The containers must be labeled prior to removal from the regulated area.

(3) If the asbestos-containing materials are not removed from a facility before demolition or renovation, as described in OAR 340-248-0270(5), adequately wet the asbestos-containing waste material at all times before and after demolition or renovation and keep it wet during handling and loading for transport to a permitted disposal site. Such asbestos-containing waste materials must be transported in lined and leak-tight covered containers for bulk disposal.

(4) The interim storage of asbestos-containing waste material must protect the waste from dispersal into the environment and provide physical security from tampering by unauthorized persons. The interim storage of asbestos-containing waste material is the responsibility of the owner or operator of the facility and of the person performing the asbestos abatement project.

(5) All asbestos-containing waste material must be deposited as soon as possible by the asbestos waste generator or transporter at:

(a) A permitted disposal site authorized by DEQ to receive asbestos-containing waste material and operated in accordance with this rule; or

(b) A DEQ approved site that converts asbestos-containing waste material into nonasbestos (asbestos-free) material according to the provisions of OAR 340-248-0230 Asbestos to Nonasbestos Conversion Operations.

(6) Persons disposing of asbestos-containing waste material must notify the permitted disposal site operator of the type and volume of the waste material and obtain the approval of the permitted disposal site operator before bringing the waste to the permitted disposal site.

(7) For each waste shipment the asbestos waste generator must record the following information on a DEQ form, and provide a copy of the form to the waste transporter.

(a) Waste Generation:

(A) The asbestos abatement project site name, address, and telephone number of the asbestos waste generator;

(B) A description of the asbestos-containing waste material and the number and type of asbestos-containing waste material containers and volume in cubic yards; and

(C) A certification that the information on the DEQ form is accurate and properly describes the generator name and that the asbestos-containing waste material is classified, packed, marked, and labeled, and is in all respects in proper condition for transport by highways according to applicable regulations.

(b) Waste Transportation:

(A) The date transported; and

(B) The name, address, and telephone number of the transporter.

(c) Waste Disposal:

(A) The name and telephone number of the disposal site operator;

(B) The name and address or location of the permitted disposal site;

(C) The quantity of the asbestos-containing waste material in cubic yards;

(D) The presence of improperly enclosed or uncovered waste, or an asbestos-containing waste material not sealed in leak-tight containers;

(E) The date asbestos-containing waste is received at disposal site; and

(d) Other information requested on the DEQ form.

(8) For the transportation of asbestos-containing waste material:

(a) The asbestos waste generator must:

(A) Maintain the asbestos waste shipment records for at least three years and ensure that all the information requested on the DEQ form regarding waste generation and transportation has been supplied;

(B) Limit access into loading and unloading area to authorized personnel; and

(C) Mark vehicles, while loading and unloading asbestos-containing waste material, with signs (20 in. x 14 in.) that comply with either subparagraph (i) or (ii):

(i) State the following in all-capital letters and separated as shown here:

"DANGER

ASBESTOS DUST HAZARD

CANCER AND LUNG DISEASE HAZARD

AUTHORIZED PERSONNEL ONLY"

(ii) Use language that conforms to the requirements of 29 C.F.R. 1926.1101(k)(8) (2013).

(b) The waste transporter must:

(A) Immediately notify the permitted disposal site operator upon arrival of the waste at the disposal site; and

(B) Provide a copy of the asbestos waste shipment record to the disposal site owners or operators when the asbestos-containing waste material is delivered to the disposal site.

(9) After initial transport of asbestos-containing waste material the asbestos waste generator must:

(a) Receive a copy of the completed asbestos waste shipment record within 35 days, or determine the status of the waste shipment. A completed asbestos waste shipment record must include the signature of the owner or operator of the designated disposal site;

(b) Receive a copy of the completed asbestos waste shipment record within 45 days, or submit to DEQ a written report including:

(A) A copy of the asbestos waste shipment record when a confirmation of delivery was not received; and

(B) A cover letter signed by the asbestos waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts; and

(c) Keep asbestos waste shipment records, including a copy signed by the owner or operator of the designated permitted disposal site, for at least three years. Make all disposal records available upon request to DEQ. If a contractor licensed under OAR 340-248-0120 conducts the asbestos abatement project that generated the asbestos containing waste material, then the contractor must retain the records described in this section. For other asbestos abatement projects, the owner or operator of the facility must retain the records.

(10) Each owner or operator of an active permitted disposal site authorized by DEQ to receive asbestos-containing waste materialmust meet the following standards:

(a) For all asbestos-containing waste material received:

(A) Ensure that off-loading of asbestos-containing waste material is done under the direction and supervision of the permitted disposal site operator or its authorized agent, and that it is accomplished in a manner that prevents the leak-tight transfer containers from rupturing and prevents the release of visible emissions to the air;

(B) Ensure that off-loading of asbestos-containing waste material occurs at the immediate location where the waste will be buried and restrict public access to off-loading area until waste is covered in accordance with paragraph (H), of this subsection;

(C) Maintain asbestos waste shipment records for at least two years and ensure that all information requested on the DEQ form regarding waste disposal has been supplied;

(D) Immediately notify DEQ by telephone, followed by a written report to DEQ the following working day, of the presence of improperly enclosed or uncovered waste. Submit a copy of the asbestos waste shipment record along with the report;

(E) As soon as possible, and no more than 30 days after receiving the waste, send a copy of the signed asbestos waste shipment record to the asbestos waste generator;

(F) Upon discovering a discrepancy between the quantity of waste designated on the asbestos waste shipment records and the quantity actually received, attempt to reconcile the discrepancy with the asbestos waste generator. Report in writing to DEQ discrepancies between the quantity of waste designated on the asbestos waste shipment records and the quantity actually received that cannot be reconciled between the asbestos waste generator and the permitted disposal site within 15 days after receiving the waste. Describe the discrepancy and attempts to reconcile it, and submit a copy of the asbestos waste shipment record along with the report. Include the DEQ assigned asbestos project number in the discrepancy report;

(G) Select the waste burial site in an area of minimal work activity that is not subject to future excavation; and

(H) Cover all asbestos-containing waste material deposited at the permitted disposal site with at least 12 inches of soil or six inches of soil plus 12 inches of other waste before running compacting equipment over it, and complete such covering and compaction no later than the end of the operating day that the waste is received.

(b) Maintain, until site closure, records of the location, depth and area, and quantity in cubic yards of asbestos-containing waste material within the permitted disposal site on a map or diagram of the disposal area.

(c) Excavation or disturbance of asbestos-containing waste material that has been deposited at a disposal site and is covered is considered an asbestos abatement project. The notification for such a project must be submitted as specified in OAR 340-248-0260 except as follows:

(A) Submit the project notification and project notification fee to DEQ at least 45 days before beginning excavation or disturbing asbestos-containing waste at the disposal site.

(B) State the reason for disturbing the waste.

(C) Explain the procedures for controlling emissions during the excavation, storage, transport and ultimate disposal of the excavated asbestos-containing waste material. DEQ may require changes in the proposed emission control procedures.

(D) State the location of the temporary storage site and the final permitted disposal site.

(d) Upon closure of an active asbestos-containing waste disposal site, each site owner or operator must:

(A) Comply with all the provisions for inactive asbestos-containing waste disposal sites;

(B) Submit to DEQ a copy of records of asbestos waste disposal locations and quantities; and

(C) Make available during normal business hours and furnish upon request all records required under this section for inspection by DEQ.

(11) The owner or operator of an inactive disposal site that accepted asbestos-containing waste material must meet the following standards:

(a) Maintain a cover of at least two feet of soil or one foot of soil plus one foot of other waste;

(b) Grow and maintain a cover of vegetation on the area to prevent erosion of the nonasbestos-containing cover of soil or other waste materials. In desert areas where vegetation would be difficult to maintain, a layer of at least three inches of well-graded, nonasbestos crushed rock may be placed and maintained on top of the final cover instead of vegetation;

(c) For inactive disposal sites with asbestos-containing tailings, a resinous or petroleum-based dust suppression agent that effectively binds dust to control surface air emissions may be used and maintained to achieve the requirements of subsections (a) and (b) of this section, provided the prior written approval of DEQ is obtained;

(d) Excavating or disturbing the inactive disposal site is an asbestos abatement project. The notification for such a project must be submitted as specified in OAR 340-248-0260, except as follows:

(A) Submit the project notification and project notification fee to DEQ at least 45 days before beginning excavation or disturbing an asbestos-containing waste disposal site;

(B) State the reason for disturbing the waste;

(C) Explain the procedures to be used to control emissions during the excavation, storage, transport and ultimate disposal of the excavated asbestos-containing waste material. DEQ may require changes in the proposed emission control procedures to be used; and

(D) State the location of the temporary storage site and the final disposal site; and

(e) Within 60 days of a site's becoming inactive, request in writing that the EQC issue an environmental hazard notice for the site. This environmental hazard notice will notify in perpetuity a 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 material disposed within the disposal site, as required for active asbestos disposal sites, have been filed with DEQ; and

(C) The site is subject to the provisions of OAR 340-248-0205 through 340-248-0280.

(12) Rather than meet the requirements of this rulea person may use alternative packaging, storage, transport, or disposal methods after receiving written approval by DEQ.

Or. Admin. Code § 340-248-0280

DEQ 96, f. 9-2-75, ef. 9-25-75; DEQ 22-1982, f. & ef. 10-21-82; DEQ 9-1988, f. 5-19-88 (and corrected 6-3-88), ef. 6-1-88; DEQ 4-1990, f. & cert. ef. 2-7-90 (and corrected 5-21-90 & 7-8-91); DEQ 8-1990, f. 3-13-90, cert. ef. 4-23-90; DEQ 18-1991, f. & cert. ef. 10-7-91; Renumbered from 340-025-0465(13) - (15); DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 18-1993, f. & cert. ef. 11-4-93; Renumbered from 340-025-0469; DEQ 15-1995, f. & cert. ef. 6-16-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-5650; DEQ 1-2002, f. & cert. ef. 2-4-02; DEQ 19-2002(Temp), f. & cert. ef. 12-23-02 thru 6-21-03; DEQ 9-2003, f. 5-21-03, cert. ef. 6-21-03; DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 468 & 468A

Statutes/Other Implemented: ORS 468.020 & 468A.025