Appendix D to Subpart E of Part 763 - Transport and Disposal of Asbestos Waste
40:34.0.1.1.9.2.1.17.4 : Appendix D
Appendix D to Subpart E of Part 763 - Transport and Disposal of
Asbestos Waste
For the purposes of this appendix, transport is defined as all
activities from receipt of the containerized asbestos waste at the
generation site until it has been unloaded at the disposal site.
Current EPA regulations state that there must be no visible
emissions to the outside air during waste transport. However,
recognizing the potential hazards and subsequent liabilities
associated with exposure, the following additional precautions are
recommended.
Recordkeeping. Before accepting wastes, a transporter
should determine if the waste is properly wetted and containerized.
The transporter should then require a chain-of-custody form signed
by the generator. A chain-of-custody form may include the name and
address of the generator, the name and address of the pickup site,
the estimated quantity of asbestos waste, types of containers used,
and the destination of the waste. The chain-of-custody form should
then be signed over to a disposal site operator to transfer
responsibility for the asbestos waste. A copy of the form signed by
the disposal site operator should be maintained by the transporter
as evidence of receipt at the disposal site.
Waste handling. A transporter should ensure that the
asbestos waste is properly contained in leak-tight containers with
appropriate labels, and that the outside surfaces of the containers
are not contaminated with asbestos debris adhering to the
containers. If there is reason to believe that the condition of the
asbestos waste may allow significant fiber release, the transporter
should not accept the waste. Improper containerization of wastes is
a violation of the NESHAPs regulation and should be reported to the
appropriate EPA Regional Asbestos NESHAPs contact below:
Region I
Asbestos NESHAPs Contact, Enforcement and Compliance Assurance
Division, USEPA, Region I, 5 Post Office Square - Suite 100 (05-4),
Boston, MA 02109-3912, (617) 918-1739.
Region II
Asbestos NESHAPs Contact, Air & Waste Management Division,
USEPA, Region II, 26 Federal Plaza, New York, NY 10007, (212)
264-6770.
Region III
Asbestos NESHAPs Contact, Air Management Division, USEPA, Region
III, 841 Chestnut Street, Philadelphia, PA 19107, (215)
597-9325.
Region IV
Asbestos NESHAPs Contact, Air, Pesticide & Toxic Management,
USEPA, Region IV, 345 Courtland Street, NE., Atlanta, GA 30365,
(404) 347-4298.
Region V
Asbestos NESHAPs Contact, Air Management Division, USEPA, Region
V, 77 West Jackson Boulevard, Chicago, IL 60604, (312)
353-6793.
Region VI
Asbestos NESHAP Contact, Enforcement and Compliance Assurance
Division, USEPA Region VI, 1201 Elm Street, Suite 500, Mail Code
6ECD, Dallas, Texas 75270-2102, (214) 655-2760.
Region VII
Asbestos NESHAPs Contact, Air and Waste Management Division,
U.S. Environmental Protection Agency, Region 7, 11201 Renner
Boulevard, Lenexa, Kansas 66219. (800) 223-0425 or (913)
551-7122.
Region VIII
Asbestos NESHAPs Contact, Air & Waste Management Division,
USEPA, Region VIII, 999 18th Street, Suite 500, Denver, CO 80202,
(303) 293-1814.
Region IX
Asbestos NESHAPs Contact, Air Division, USEPA, Region IX, 75
Hawthorne Street, San Francisco, CA 94105, (415) 972-3989.
Region X
Asbestos NESHAPs Contact, Air & Toxics Management Division,
USEPA, Region X, 1200 Sixth Avenue, Seattle, WA 98101, (206)
442-2724.
Once the transporter is satisfied with the condition of the
asbestos waste and agrees to handle it, the containers should be
loaded into the transport vehicle in a careful manner to prevent
breaking of the containers. Similarly, at the disposal site, the
asbestos waste containers should be transferred carefully to avoid
fiber release.
Waste transport. Although there are no regulatory
specifications regarding the transport vehicle, it is recommended
that vehicles used for transport of containerized asbestos waste
have an enclosed carrying compartment or utilize a canvas covering
sufficient to contain the transported waste, prevent damage to
containers, and prevent fiber release. Transport of large
quantities of asbestos waste is commonly conducted in a
20-cubic-yard “roll off” box, which should also be covered.
Vehicles that use compactors to reduce waste volume should not be
used because these will cause the waste containers to rupture.
Vacuum trucks used to transport waste slurry must be inspected to
ensure that water is not leaking from the truck.
Disposal involves the isolation of asbestos waste material in
order to prevent fiber release to air or water. Landfilling is
recommended as an environmentally sound isolation method because
asbestos fibers are virtually immobile in soil. Other disposal
techniques such as incineration or chemical treatment are not
feasible due to the unique properties of asbestos. EPA has
established asbestos disposal requirements for active and inactive
disposal sites under NESHAPs (40 CFR Part 61, subpart M) and
specifies general requirements for solid waste disposal under RCRA
(40 CFR Part 257). Advance EPA notification of the intended
disposal site is required by NESHAPs.
Selecting a disposal facility. An acceptable disposal
facility for asbestos wastes must adhere to EPA's requirements of
no visible emissions to the air during disposal, or minimizing
emissions by covering the waste within 24 hours. The minimum
required cover is 6 inches of nonasbestos material, normally soil,
or a dust-suppressing chemical. In addition to these Federal
requirements, many state or local government agencies require more
stringent handling procedures. These agencies usually supply a list
of “approved” or licensed asbestos disposal sites upon request.
Solid waste control agencies are listed in local telephone
directories under state, county, or city headings. A list of state
solid waste agencies may be obtained by calling the RCRA hotline:
1-800-424-9346 (382-3000 in Washington, DC). Some landfill owners
or operators place special requirements on asbestos waste, such as
placing all bagged waste into 55-gallon metal drums. Therefore,
asbestos removal contractors should contact the intended landfill
before arriving with the waste.
Receiving asbestos waste. A landfill approved for receipt
of asbestos waste should require notification by the waste hauler
that the load contains asbestos. The landfill operator should
inspect the loads to verify that asbestos waste is properly
contained in leak-tight containers and labeled appropriately. The
appropriate EPA Regional Asbestos NESHAPs Contact should be
notified if the landfill operator believes that the asbestos waste
is in a condition that may cause significant fiber release during
disposal. In situations when the wastes are not properly
containerized, the landfill operator should thoroughly soak the
asbestos with a water spray prior to unloading, rinse out the
truck, and immediately cover the wastes with nonasbestos material
prior to compacting the waste in the landfill.
Waste deposition and covering. Recognizing the health
dangers associated with asbestos exposure, the following procedures
are recommended to augment current federal requirements:
• Designate a separate area for asbestos waste disposal. Provide
a record for future landowners that asbestos waste has been buried
there and that it would be hazardous to attempt to excavate that
area. (Future regulations may require property deeds to identify
the location of any asbestos wastes and warn against
excavation.)
• Prepare a separate trench to receive asbestos wastes. The size
of the trench will depend upon the quantity and frequency of
asbestos waste delivered to the disposal site. The trenching
technique allows application of soil cover without disturbing the
asbestos waste containers. The trench should be ramped to allow the
transport vehicle to back into it, and the trench should be as
narrow as possible to reduce the amount of cover required. If
possible, the trench should be aligned perpendicular to prevailing
winds.
• Place the asbestos waste containers into the trench carefully
to avoid breaking them. Be particularly careful with plastic bags
because when they break under pressure asbestos particles can be
emitted.
• Completely cover the containerized waste within 24 hours with
a minimum of 6 inches of nonasbestos material. Improperly
containerized waste is a violation of the NESHAPs and EPA should be
notified.
However, if improperly containerized waste is received at the
disposal site, it should be covered immediately after unloading.
Only after the wastes, including properly containerized wastes, are
completely covered, can the wastes be compacted or other heavy
equipment run over it. During compacting, avoid exposing wastes to
the air or tracking asbestos material away from the trench.
• For final closure of an area containing asbestos waste, cover
with at least an additional 30 inches of compacted nonasbestos
material to provide a 36-inch final cover. To control erosion of
the final cover, it should be properly graded and vegetated. In
areas of the United States where excessive soil erosion may occur
or the frost line exceeds 3 feet, additional final cover is
recommended. In desert areas where vegetation would be difficult to
maintain, 3-6 inches of well graded crushed rock is recommended for
placement on top of the final cover.
Controlling public access. Under the current NESHAPs
regulation, EPA does not require that a landfill used for asbestos
disposal use warning signs or fencing if it meets the requirement
to cover asbestos wastes. However, under RCRA, EPA requires that
access be controlled to prevent exposure of the public to potential
health and safety hazards at the disposal site. Therefore, for
liability protection of operators of landfills that handle
asbestos, fencing and warning signs are recommended to control
public access when natural barriers do not exist. Access to a
landfill should be limited to one or two entrances with gates that
can be locked when left unattended. Fencing should be installed
around the perimeter of the disposal site in a manner adequate to
deter access by the general public. Chain-link fencing, 6-ft high
and topped with a barbed wire guard, should be used. More specific
fencing requirements may be specified by local regulations. Warning
signs should be displayed at all entrances and at intervals of 330
feet or less along the property line of the landfill or perimeter
of the sections where asbestos waste is deposited. The sign should
read as follows:
ASBESTOS WASTE DISPOSAL SITE BREATHING ASBESTOS DUST MAY CAUSE LUNG
DISEASE AND CANCER
Recordkeeping. For protection from liability, and
considering possible future requirements for notification on
disposal site deeds, a landfill owner should maintain documentation
of the specific location and quantity of the buried asbestos
wastes. In addition, the estimated depth of the waste below the
surface should be recorded whenever a landfill section is closed.
As mentioned previously, such information should be recorded in the
land deed or other record along with a notice warning against
excavation of the area.
[52 FR 41897, Oct. 30, 1987, as amended at 62 FR 1834, Jan. 14,
1997; 75 FR 69353, Nov. 12, 2010; 76 FR 49674, Aug. 11, 2011; 78 FR
37978, June 25, 2013; 84 FR 34070, July 17, 2019; 84 FR 44233, Aug.
23, 2019]