Asbestos-Contaminated Soil Regulations in Colorado

Colleen Brisnehan

Colorado Department of Public Health And EnvironmentHazardous Materials and Waste Management Division

BackgroundAsbestos-contaminated soil- Asbestos-contaminated soil has

been identified at several sites in Colorado; it is also an emerging national issue

- Potential exposure risks when disturbed

- Proper management necessary to prevent exposure

Background

• Management previously conducted under:

– Colorado Solid Waste Act and Regulations

– Colorado Hazardous Waste Act

– Air Quality Control Commission Regulation No. 8

• These regulations lacked specific requirements for management of asbestos-contaminated soil

• Needed clear regulations that codified the risk-management approach already applied at sites in Colorado

New Regulations

• Amendment to the Colorado Solid Waste Regulations (6 CCR 1007-2, Part 1):– Section 1.2 - Definitions

– Section 5.5 - Asbestos-Contaminated Soil

• Adopted February 15, 2006

• Became Effective April 30, 2006

Overview of Asbestos Exposure and Risk Issues

• Asbestos is a generic term used to describe the fibrous varieties of six minerals which fall into two categories: serpentine and amphibole.

• Asbestos is known to be persistent in the environment.

• All types of asbestos are a known human carcinogen and can cause nonmalignant lung and pleural diseases.

• The 1% threshold for asbestos in soil/debris may not be protective of human health and should not be used as the default action level (EPA, 2004).

• Soil/debris containing significantly <1% of all types of asbestos can pose unreasonable risk to human health (EPA, 2004).

• Asbestos fibers in soil/debris do not inherently pose a risk to human health if left undisturbed.

Overview of Asbestos Exposure and Risk Issues (cont.)

• Health risks from asbestos-contaminated soil/debris will depend on the potential for asbestos to become airborne and be inhaled.– EPA IRIS cancer risk-based acceptable (“safe”) level of asbestos

in air = 0.000004 f/cc at a risk level of 1 in a million.

– The concentration of asbestos in soil corresponding 0.000004 f/cc in air is not known at this time.

• Asbestos health risk assessment is an evolving science and EPA is developing a risk assessment toolbox.

• Current risk assessment methods can be used to:– Demonstrate complete exposure pathway(s); and

– Estimate risk qualitatively/semiquantitatively

Exposure Evaluation

• Several studies using a variety of approaches to evaluate the release of asbestos fibers from significantly <1% asbestos in soil/debris demonstrated:– All types of asbestos fibers can be released into the air or

breathing zone during soil disturbing activities resulting in unacceptable risk:

• Significantly above acceptable cancer risk level of

1 in a million at 0.000004 f/cc (EPA IRIS)

• Even above the OSHA limit of 0.1 f/cc, in some cases

Irrespective of fiber type or soil type, as low as 0.001 % asbestos in soil can generate airborne respirable asbestos concentration of >0.1 f/cc (Addison et al., 1988)

Exposure: Activity-Based Personal Monitoring

• Libby studies (EPA, 2001 Weis Memo):– Rototilling of garden soil (<1% asbestos)

• 0.066 f/cc in personal monitor (Cancer risk = 1 in 100,000)

• 0.019 f/cc in stationary monitor

– Soil bagging and sweeping floors (<1% to 6% asbestos)• >5.0 f/cc (above OSHA limit of 0.1 f/cc)

• Oregon studies (EPA, 2004 Januch and McDermott): – Leaf blowing (soil <1% asbestos)

• 0.045 f/cc for equipment operator

• 0.033 f/cc for observer

Exposure: Modified Elutriator Method

Berman and Kolk (2000)

• Initial Health Risk Assessment at the Former Lowry Air Force Base, Colorado (Parsons, 2004):

<1% chrysotile in surface soil resulted in excess potential cancer risks, for example:

– Running and walking by residents = 1 or 4 in 100,000

– Construction worker = 2 in 10,000

Overall potential risks are underestimated due to major limitations of dust models used to predict airborne asbestos exposures

Assessment Of Health Risks For Asbestos-Contaminated Soil/Debris

A. Potential Exposure Pathways:– Outdoor activities routinely performed by residents

(child and adult), for example:• Gardening; rototilling; weeding; bagging and sweeping of

excavated soils; children playing with soil/debris;

– Transport from outdoor to indoor:• Wind through open doors and windows

• Track-in of adhered fibers on clothing and shoes of children and adults, and through pet animals

• Children physically carrying asbestos-contaminated soil/debris

Outdoor and indoor asbestos sources act as a reservoir of fibers that could continue to be released to the air as a result of routine activities

Current Issues In Risk Assessment of Asbestos-Contaminated Soil/Debris

Examples of Major Issues/Limitations:• Improved methods are being developed for asbestos

analyses and to determine asbestos release

• Potential future indoor exposures as a result of outdoor-to-indoor transport are difficult to quantify

• Exposure assessment provides a snap-shot in time

• Cancer and noncancer toxicity is being re-evaluated

• Better definition of asbestos fiber to relate to its toxic potential is needed

Current methods for estimating asbestos exposure dose allow qualitative/semiquantitative screening risk assessment

New Regulations - Our Goal• Take a pragmatic approach to regulation of

asbestos-contaminated soil– Management of disturbed soils; not remediation– Triggers:

• visible asbestos• reason to know asbestos is present in soil

– Key Sections: Applicability/Exemptions

• Put new asbestos-contaminated soil regulations into Solid Waste Regulations– HMWMD versus APCD (soil contamination; not

abatement)– SW versus HW (asbestos is not a listed or

characteristic hazardous waste)

Changes to Solid Waste Regulations

1. Updates to existing language:

• Section 1.2 – Definitions

• Part 5 (Sections 5.1 though 5.4) – Asbestos Waste Disposal Sites

2. New Section 5.5 for asbestos-contaminated soil

• Requires proper management - ONLY when asbestos-contaminated soil is disturbed

– No requirement to ‘chase’ or remediate asbestos contamination

• Clarifies requirements for:

– Identification

– Onsite management

– Disposition

Section 5.5 Asbestos-Contaminated Soil

ApplicabilityOwners or Operators of sites:

With asbestos-contaminated soil based on: visible observation past sampling, or knowledge/data of historical activities

And, with current or planned soil-disturbing activities

Removal of Asbestos-Containing Material1. On a facility component

And, on or in soil that will be disturbedAnd, below AQCC Regulation No. 8 trigger levels

2. Pieces that are not on a facility componentAnd, on or in soil that will be disturbed

Exemptions

Does Not Apply to:• Removal of solely non-friable asbestos from soil

• Abatement of facility components under AQCC Regulation No. 8

• Spill response under AQCC Regulation No. 8

• Naturally occurring asbestos

• “Background” not associated with site activities

• De Minimis Projects Less than 1 cubic yard

And, using low-emission excavation methods

• Projects by home owner on primary residence

Key Definitions

Asbestos-Contaminated SoilSoil containing any amount of asbestos.

Soil-Disturbing ActivitiesExcavation, grading, tilling, or any other mechanical activity.

Facility ComponentAny part of a “facility” including equipment.

“Facility” - as defined in AQCC Regulation No. 8

Unplanned Asbestos Discovery

• Immediate actions– Stop soil-disturbing activities

– Control site access

– Stabilize surface soil

• 24-hour notification– Property and project information

• Interim Actions– Take appropriate measures to control emissions

– Submit a Soil Characterization and Management Plan,

or implement approved standard procedures

Planned Asbestos Management• Ten working day notification

– Property and project information

• Soil Characterization and Management Plan– Site Information– Any proposed characterization– The proposed soil-disturbing activities– Proposed exposure mitigation and asbestos fiber

control measures• Site access control• Air monitoring plan• Emissions control plan• Exposure mitigation plan for asbestos left in place• Disposal plan

Remediation

If property owner chooses to remediate:• Submit an asbestos remediation plan that

complies with Section 5.5 and includes: Soil Characterization and Management Plan Detailed description of planned remediation Proposed use of the property and area of

remediation Any planned engineering controls to prevent

exposure to any asbestos left in place

Training and Certification

• On-the-job asbestos-contaminated soil awareness training– Individuals conducting soil-disturbing activities

• Asbestos awareness training, in accordance with OSHA requirements – Individuals conducting soil-disturbing activities in areas

with asbestos

• Training conducted by:– Asbestos Supervisor, Building Inspector or Project

Designer certified in accordance with AQCC Regulation No. 8

– With 6 months of asbestos-contaminated soil experience

Training and Certification (cont.)

• Inspection and identification of asbestos– Asbestos Building Inspector certified in accordance with

AQCC Regulation No. 8

– And, with 6 months of asbestos-contaminated soil experience

• Soil Characterization and Management Plans– Prepared and signed by an Asbestos Project Designer

certified in accordance with AQCC Regulation No. 8

• Air monitoring – By an Air Monitoring Specialist certified in accordance

with AQCC Regulation No. 8

DisposalAsbestos-Contaminated Soil with:

• Visible friable asbestos Transported and disposed in leak tight containers Disposed of as friable asbestos waste

• Only visible non-friable asbestos Transported and disposed in leak tight containers Disposed of as non-friable asbestos waste

• No visible asbestos Transported and disposed in leak tight containers Disposed of in the same manner as non-friable asbestos waste

Soil that is not asbestos-contaminated can be replaced into the disturbed area

Fees

• In accordance with Section 1.7.2

• Based on total documented costs– Review of Soil Characterization and

Management Plan– Review of related documents– Department oversight activities

• Paid by the owner, operator, or person conducting soil-disturbing activities

Guidance Document

• Broad overview of asbestos-contaminted soil– Solid Waste Regulations

– Hazardous Waste Regulations

– Voluntary Cleanup Program

• Best management practices and exposure mitigation methods

• Working draft - continue to solicit stakeholder input

• Update as necessary based on feedback during implementation of the regulations

Additional Information

Solid Waste Regulationshttp://www.cdphe.state.co.us/regulations/solidwaste/ 100702disposalsites&facilities.pdf

Draft Guidance Documenthttp://www.cdphe.state.co.us/hm/asbestosinsoil.pdf

Contact InformationColleen Brisnehan(303) 692-3357colleen.brisnehan@state.co.us