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DEPARTMENT OF HEALTH Adoption of Chapter 11-501 Hawaii Administrative Rules [ ] SUMMARY Chapter 11-501, Hawaii Administrative Rules, entitled "Asbestos Requirements," is adopted.

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Page 1: DEPARTMENT OF HEALTH2015/06/11  · shot-blasting, or other demolition or renovation techniques is friable, which include category I non-friable asbestos containing material. ACM,

DEPARTMENT OF HEALTH

Adoption of Chapter 11-501Hawaii Administrative Rules

[ ]

SUMMARY

Chapter 11-501, Hawaii Administrative Rules,entitled "Asbestos Requirements," is adopted.

Page 2: DEPARTMENT OF HEALTH2015/06/11  · shot-blasting, or other demolition or renovation techniques is friable, which include category I non-friable asbestos containing material. ACM,

HAWAII ADMINISTRATIVE RULES

TITLE 11

DEPARTMENT OF HEALTH

CHAPTER 501

ASBESTOS REQUIREMENTS

§11-501-1 Purpose§11-501-2 Definitions§11-501-3 References§11-501-4 Standard for asbestos mills§11-501-5 Standard for roadways§11-501-6 Standard for manufacturing§11-501-7 Standard for demolition and renovation§11-501-8 Standard for spraying§11-501-9 Standard for fabricating§11-501-10 Standard for insulating materials§11-501-11 Standard for waste disposal for asbestos

mills§11-501-12 Standard for waste disposal for

manufacturing, fabricating, demolition, renovation, and spraying operations

§11-501-13 Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations

§11-501-14 Air-cleaning§11-501-15 Reporting§11-501-16 Standard for active waste disposal sites§11-501-17 Standard for operations that convert

asbestos-containing waste material into non-asbestos (asbestos-free) material

§11-501-18 Cross-reference to other asbestos regulations

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§11-501-1 Purpose. The purpose of this chapteris to define the minimum requirements for theprocessing, handling, and disposal of asbestos-containing material. It is also the purpose of thischapter to protect the general public by minimizing therelease of asbestos fibers when facilities that containasbestos-containing materials are demolished orrenovated. [Eff ] (Auth: HRS §342P-41)(Imp: 40 CFR Part 61 Subpart M)

§11-501-2 Definitions. As used in this chapter:"ACM" means asbestos-containing material."Act" means the Clean Air Act (42 U.S.C. §7401 et

seq.)."Active waste disposal site" means any disposal

site other than an inactive site."Adequately wet" means sufficiently mix or

penetrate with liquid to prevent the release ofparticulates. If visible emissions are observed comingfrom asbestos-containing material, then that materialhas not been adequately wetted. However, the absenceof visible emissions is not sufficient evidence ofbeing adequately wet.

"Asbestos" means the asbestiform varieties of:chrysotile (serpentinite); crocidolite (riebeckite);amosite (cummingtonite-grunerite); anthophyllite; andactinolite-tremolite.

"Asbestos-containing material" means material thatcontains any type of asbestos in an amount greater thanone per cent by area, either alone or mixed with otherfibrous or non-fibrous materials.

"Asbestos-containing waste materials" means milltailings or any waste that contains commercial asbestosand is generated by a source subject to the provisionsof this chapter. This term includes filters fromcontrol devices, friable asbestos waste material, andbags or other similar packaging contaminated withcommercial asbestos. As applied to demolition andrenovation operations, this term also includesregulated asbestos-containing material waste and

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materials contaminated with asbestos includingdisposable equipment and clothing.

"Asbestos waste from control devices" means anywaste material that contains asbestos and is collectedby a pollution control device.

"BID" means background information document."Category I nonfriable ACM" means asbestos-

containing packings, gaskets, resilient floor covering,and asphalt roofing products containing more than oneper cent asbestos as determined using the methodspecified in 40 CFR part 763, subpart E, appendix E,section I, entitled "Polarized Light Microscopy," datedMay 27, 1982.

"Category II nonfriable ACM" means any material,excluding category I nonfriable ACM, containing morethan one per cent asbestos as determined using themethods specified in 40 CFR part 763, subpart E,appendix E, section I, entitled "Polarized LightMicroscopy," dated May 27, 1982, that, when dry, cannotbe crumbled, pulverized, or reduced to powder by handpressure.

"Commercial asbestos" means any materialcontaining asbestos that is extracted from ore, and hasvalue because of its asbestos content.

"Containment" means the isolation of an asbestosremoval area from the outside air by use of physicalbarriers.

"Completion date" means the date on whichcontainment is removed or, if an exception was givenfor the use of containment, the date on which allremoval work has been completed.

"Cutting" means to penetrate with a sharp-edgedinstrument and includes sawing, but does not includeshearing, slicing, or punching if the action does notrender the material friable.

"Demolition" means the wrecking, taking out, orintentional burning of any load-supporting structuralmember of a facility together with any related handlingoperations.

"Department" means the department of health, Stateof Hawaii.

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"Director" means the director of the department ofhealth, State of Hawaii, or the director’s dulyauthorized agent.

"Effective date" is ten days after filing theapplicable chapter with the lieutenant governor’soffice.

"Emergency renovation operation" means arenovation operation that was not planned but resultsfrom a sudden unexpected event that, if not immediatelyattended to, presents a safety or public health hazard,is necessary to protect equipment from damage, or isnecessary to avoid imposing an unreasonable financialburden. This term includes operations necessitated bynon-routine failures of equipment.

"Encapsulate" means to apply a material, such aslatex paint, which penetrates the ACM and binds thefibers, rendering them nonfriable.

"EPA" means the United States EnvironmentalProtection Agency.

"Fabricating" means any processing (e.g., cutting,sawing, drilling) of a manufactured product thatcontains commercial asbestos, with the exception ofprocessing at temporary sites (field fabricating) forthe construction or restoration of facilities. In thecase of friction products, fabricating includesbonding, debonding, grinding, sawing, drilling, orother similar operations performed as part offabricating.

"Facility" means any institutional, commercial,public, industrial, or residential structure,installation, or building (including any structure,installation, or building containing condominiums orindividual dwelling units operated as a residentialcooperative, but excluding residences or residentialcooperatives that have four or fewer total dwellingunits); any ship; and any active or inactive wastedisposal site. For purposes of this definition, anybuilding, structure, or installation that contains aloft used as a dwelling is not considered a residentialstructure, installation, or building. Any structure,installation, or building that was previously subject

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to federal requirements pursuant to 40 CFR Part 61,Subpart M, is not excluded, regardless of its currentuse or function.

"Facility component" means any part of a facility,including equipment, boilers, pipes, furnaces, ducts,tanks, reactors, turbines, or structural members.

"Friable asbestos material" means any materialcontaining more than one per cent asbestos asdetermined using the method specified in 40 CFR part763, subpart E, appendix E, section I, entitled"Polarized Light Microscopy," dated May 27, 1982, that,when dry, can be crumbled, pulverized, or reduced topowder by hand pressure. These include sprayed-on ortroweled-on fireproofing, acoustic ceiling material andceiling tiles, linoleum backing, thermal systeminsulation, non-asphalt-saturated roofing felts,asbestos-containing paper, and joint compound. ACMthat has been rendered to a crumbled, pulverized, orpowdered state, when dry, by crushing, sanding, sawing,shot-blasting, or other demolition or renovationtechniques is friable, which include category I non-friable asbestos containing material. ACM, in whichthe asbestos fibers are bound into a matrix, that hasbeen rendered to a crumbled, pulverized, or powderedstate, when dry, by crushing, sanding, sawing, shot-blasting, severe weathering, or other demolition orrenovation techniques is friable, which includecategory II nonfriable ACM.

"Fugitive source" means any source of emissionsnot controlled by an air pollution control device.

"Glove bag" means a sealed compartment withattached inner gloves used for the handling of ACM. Properly installed and used, glove bags provide a smallwork area enclosure typically used for small-scaleasbestos stripping operations.

"Grinding" means to reduce to powder or smallfragments and includes drilling, cutting, chipping, orany activity that renders otherwise non-friablematerial friable.

"HEPA filter" mean high efficiency particulate airfilter.

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"Homogeneous area" means an area of surfacingmaterial, thermal system insulation material, ormiscellaneous material that is uniform in color andtexture, and which does not extend to other floors orbuildings.

"In poor condition" means the binding of thematerial is losing its integrity as indicated bypeeling, cracking, or crumbling of the material.

"Inactive waste disposal site" means any disposalsite or portion of it where additional asbestos-containing waste material has not been deposited withinthe past year.

"Installation" means any building or structure orany group of buildings or structures at a singledemolition or renovation site that is under the controlof the same owner or operator (or owner or operatorunder common control).

"Leak-tight" means that solids or liquids cannotescape or spill out.

"Malfunction" means any sudden and unavoidablefailure of air pollution control equipment or processequipment or of a process to operate in a normal orusual manner so that emissions of asbestos areincreased. Failures of equipment shall not beconsidered malfunctions if they are caused in any wayby poor maintenance, careless operation, or any otherpreventable upset conditions, equipment breakdown, orprocess failure.

"Manufacturing" means the combining of commercialasbestos - or, in the case of woven friction products,the combining of textiles containing commercialasbestos - with any other material, includingcommercial asbestos, and the processing of thiscombination into a product. Chlorine production isconsidered a part of manufacturing.

"Natural barrier" means a natural object thateffectively precludes or deters access. Naturalobjects include physical obstacles such as cliffs,lakes, or other large bodies of water, deep and wideravines, and mountains. Remoteness by itself is not anatural barrier.

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"NESHAP" means the National Emission Standards forHazardous Air Pollutants, 40 CFR Part 61.

"Nonfriable asbestos-containing material" meansany material containing more than one per cent asbestosas determined using the method specified in 40 CFR part763, subpart E, appendix E, section I, entitled"Polarized Light Microscopy," dated May 27, 1982, that,when dry, cannot be crumbled, pulverized, or reduced topowder by hand pressure.

"Nonscheduled renovation operation" means arenovation operation necessitated by the routinefailure of equipment, which is expected to occur withina given period based on past operating experience, butfor which an exact date cannot be predicted.

"Operator of a demolition or renovation activity"means any person who owns, leases, operates, controls,or supervises the demolition or renovation operation.

"OSHA" means the Occupational Safety and HealthAdministration of the U.S. Department of Labor.

"Outside air" means the air outside buildings andstructures, including, but not limited to, the airunder a bridge or in an open air ferry dock.

"Owner of a demolition or renovation activity"means any person who owns, leases, operates, controls,or supervises the facility being demolished orrenovated.

"Particulate asbestos material" means finelydivided particles of asbestos or ACM.

"Planned renovation operation" means a renovationoperation, or a number of renovation operations, inwhich some RACM will be removed or stripped within agiven period of time and that can be predicted. Individual nonscheduled operations are included if anumber of such operations can be predicted to occurduring a given period of time based on operatingexperience.

"PLM" means polarize light microscopy."RACM" means regulated asbestos-containing

material."Regulated asbestos-containing material" means:(1) Friable asbestos material;

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(2) Category I nonfriable ACM that has becomefriable;

(3) Category I nonfriable ACM that will be orhas been subjected to sanding, drilling,grinding, cutting, abrading, or any otheractivity that may render the materialfriable; and

(4) Category II nonfriable ACM that has a highprobability of becoming or has becomecrumbled, pulverized, or reduced to powderby the forces expected to act on thematerial in the course of demolition orrenovation operations regulated by thischapter.

"Remove" means to take out RACM or facilitycomponents that contain or are covered with RACM fromany facility.

"Renovation" means altering a facility or one ormore facility components in any way, including thestripping or removal of RACM from a facility component.Operations in which load-supporting structural membersare wrecked or taken out are demolitions.

"Resilient floor covering" means asbestos-containing floor tile, including asphalt and vinylfloor tile, and sheet vinyl floor covering containingmore than one per cent asbestos as determined usingPolarized Light Microscopy according to the methodspecified in 40 CFR part 763, subpart E, appendix E,section I, entitled "Polarized Light Microscopy," datedMay 27, 1982; but not including linoleum, sheetlinoleum, or the backing of linoleum, which areconsidered friable for the purpose of this chapter.

"Roadways" means surfaces on which vehiclestravel. This term includes public and private highways,roads, streets, parking areas, and driveways.

"Small-scale, short duration" means activitiesthat involve removal of three square or linear feet orless of friable material, such as surfacing or thermalsystem insulation, or 0.5 cubic feet or less of friabledebris, and are tasks such as, but not limited to:

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(1) Removal of asbestos-containing insulationon pipes.

(2) Removal of asbestos-containing insulationon beams or above ceilings.

(3) Replacement of an asbestos-containinggasket on a valve.

(4) Installation or removal of drywall.(5) Installation of electrical conduits through

or proximate to asbestos-containingmaterials.

(6) Removal of ACM only if required in theperformance of another maintenance activitynot intended as asbestos abatement.

(7) Removal of asbestos-containing thermalsystem insulation.

(8) Minor repairs to damaged thermal systeminsulation which do not require removal.

(9) Repairs to a piece of asbestos-containingwallboard.

(10) Repairs, involving encapsulation,enclosure, or removal of friable ACM onlyif required in the performance of emergencyor routine maintenance activity and notintended solely as asbestos abatement.

"Starting date" means the date on which actualasbestos disturbance, removal, or demolition begins.

"Startup" means the setting in operation of astationary source for any purpose.

"Strip" means to take off RACM from any part of afacility or facility components.

"Structural member" means any load-supportingmember of a facility, such as beams and load-supportingwalls, or any non-load-supporting member, such asceilings and non-load-supporting walls.

"Visible emission" means any emissions which arevisually detectable without the aid of instrumentscoming from RACM or asbestos-containing waste material,or from any asbestos milling, manufacturing, orfabricating operation. This includes asbestos debrisfound outside of containment at a job site. This doesnot include condensed, uncombined water vapor.

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"Waste generator" means any owner or operator of asource regulated by this chapter whose act or processproduces asbestos-containing waste material.

"Waste shipment record" means the shippingdocument, required to be originated and signed by thewaste generator, used to track and substantiate thedisposition of asbestos-containing waste material.

"Working day" means Monday through Friday andincludes holidays that fall on any of the days Mondaythrough Friday. [Eff ] (Auth: HRS §342P-1) (Imp: 40 CFR Part 61.141)

§11-501-3 References. The following recommendedreferences incorporate additional precautions againstpotential hazards and subsequent liabilities associatedwith asbestos exposure:

(1) 40 CFR Part 763, Subpart E, Appendix D,Transport and Disposal of Asbestos Waste,October 30, 1987.

(2) 40 CFR Part 763, Subpart E, Appendix E,Section I, Polarized Light Microscopy, May27, 1982.

(3) 40 CFR Part 61, Appendix A, ComplianceStatus Information, November 20, 1990.[Eff ] (Auth: HRS §342P-41)(Imp: 40CFR Part 61)

§11-501-4 Standard for asbestos mills. (a) Eachowner or operator of an asbestos mill shall dischargeno visible emissions to the outside air from thatasbestos mill, including fugitive sources, and shalluse the methods specified by section 11-501-14 to cleanemissions containing particulate asbestos materialbefore they escape to, or are vented to, the outsideair.

(b) Each owner or operator of an asbestos millshall meet the following requirements:

(1) Monitor each potential source of asbestosemissions from any part of the mill

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facility, including air cleaning devices,process equipment and buildings that houseequipment for material processing andhandling, at least once each day, duringdaylight hours, for visible emissions tothe outside air during periods ofoperation. The monitoring shall be byvisual observation of at least fifteenseconds duration per source of emissions;

(2) Inspect each air cleaning device at leastonce each week for proper operation and forchanges that signal the potential formalfunction, including, to the maximumextent possible without dismantling otherthan opening the device, the presence oftears, holes and abrasions in filter bagsand for dust deposits on the clean side ofbags. For air cleaning devices that cannotbe inspected on a weekly basis according tothis paragraph, submit to the director, andrevise as necessary, a written maintenanceplan to include, at a minimum, thefollowing:(A) Maintenance schedule;(B) Work to be performed; and(C) Recordkeeping plan;

(3) Maintain records of the results of visibleemissions monitoring and air cleaningdevice inspections using a format similarto that shown in Figure 1, entitled "Recordof Visible Emissions" and Figure 2,entitled "Air Cleaning Device InspectionChecklist", both dated June 1, 1998,located at the end of this chapter, andinclude the following:(A) Date and time of each inspection;(B) Presence or absence of visible

emissions;(C) Condition of fabric filters, including

tears, holes, and abrasions;

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(D) Presence of dust deposits on the cleanside of fabric filters;

(E) A brief description of correctiveactions taken, including date andtime; and

(F) Daily hours of operation for each aircleaning device;

(4) Furnish upon request, and make available atthe affected facility during normalbusiness hours for inspection by thedepartment, all records required under thissection;

(5) Retain a copy of all monitoring andinspection records for at least two years;and

(6) Submit quarterly a copy of visible emissionmonitoring records to the director ifvisible emissions occurred during thereport period. Quarterly reports shall bepostmarked by the thirtieth day followingthe end of the calendar quarter. [Eff ] (Auth: HRS §342P)(Imp: 40 CFR Part 61.142)

§11-501-5 Standard for roadways. No person shallconstruct or maintain a roadway with asbestos tailingsor asbestos-containing waste material on that roadway,except for asbestos tailings if encapsulated in asphaltconcrete meeting the specifications contained inSection 401 of Standard Specifications for Constructionof Roads and Bridges on Federal Highway Projects, FP-85, 1985, or their equivalent. [Eff ](Auth: HRS §342P-41) (Imp: 40 CFR Part 61.143)

§11-501-6 Standard for manufacturing. (a) Thissection applies to the following manufacturingoperations using commercial asbestos for themanufacture of:

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(1) Cloth, cord, wicks, tubing, tape, twine,rope, thread, yarn, roving, lap, or othertextile materials;

(2) Cement products;(3) Fireproofing and insulating materials;(4) Friction products;(5) Paper, millboard, and felt;(6) Floor tile;(7) Paints, coatings, caulks, adhesives, and

sealants;(8) Plastics and rubber materials;(9) Chlorine utilizing asbestos diaphragm

technology;(10) Shotgun shell wads; and(11) Asphalt concrete.(b) Each owner or operator of any of the

manufacturing operations to which this section appliesshall:

(1) Discharge no visible emissions to theoutside air from these operations or fromany building or structure in which they areconducted or from any other fugitivesources; or use the methods specified bysection 11-501-14 to clean emissions fromthese operations containing particulateasbestos material before they escape or arevented to the outside air;

(2) Monitor each potential source of asbestosemissions from any part of themanufacturing facility, including aircleaning devices, process equipment, andbuildings housing material processing andhandling equipment, at least once each dayduring daylight hours for visible emissionsto the outside air during periods ofoperation. The monitoring shall be byvisual observation of at least fifteenseconds duration per source of emissions;

(3) Inspect each air cleaning device at leastonce each week for proper operation and forchanges that signal the potential for

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malfunctions, including, to the maximumextent possible without dismantling otherthan opening the device, the presence oftears, holes, and abrasions in filter bagsand for dust deposits on the clean side ofbags. For air cleaning devices that cannotbe inspected on a weekly basis according tothis paragraph, submit to the director, andrevise as necessary, a written maintenanceplan including:(A) A maintenance schedule;(B) Work to be performed; and(C) A recordkeeping plan;

(4) Maintain records of the results of visibleemission monitoring and air cleaning deviceinspections using a format similar to thatshown in Figure 1, entitled "Record ofVisible Emissions" and Figure 2, entitled"Air Cleaning Device Inspection Checklist",both dated June 1, 1998 and located at theend of this chapter, and include thefollowing:(A) Date and time of each inspection;(B) Presence or absence of visible

emissions;(C) Condition of fabric filters, including

presence of any tears, holes, andabrasions;

(D) Presence of dust deposits on the cleanside of fabric filters;

(E) Brief description of correctiveactions taken, including date andtime; and

(F) Daily hours of operation for each aircleaning device;

(5) Furnish upon request, and make available atthe affected facility during normalbusiness hours for inspection by thedirector, all records required by thissection;

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(6) Retain a copy of all monitoring andinspection records for at least two years;and

(7) Submit quarterly a copy of the visibleemission monitoring records to the directorif visible emissions occurred during thereport period. Quarterly reports shall bepostmarked by the thirtieth day followingthe end of the calendar quarter. [Eff ] (Auth: HRS § 342P-41)(Imp: 40 CFR Part 61.144)

§11-501-7 Standard for demolition and renovation. (a) To determine which requirements of thissection apply to the owner or operator of a demolitionor renovation activity, and prior to the commencementof any demolition or renovation, thoroughly inspect theaffected facility or part of the facility where thedemolition or renovation operation will occur for thepresence of asbestos, including category I and categoryII nonfriable ACM. This survey shall be performed by aperson who is certified pursuant to chapter 11-504. The inspector shall include sampling and laboratoryanalysis of the asbestos content of all suspected ACM,unless all suspect material is treated as asbestos-containing and will be handled in accordance with thischapter. Sampling shall include at least three samplesfrom each homogeneous area to be disturbed. Therequirements of subsections (b) and (c) apply to eachowner or operator of a demolition or renovationactivity, including the removal of RACM as follows:

(1) In a facility being demolished, all therequirements of subsections (b) and (c)apply, except as provided in subsection(a)(3), if the combined amount of RACM is:(A) At least eighty linear meters (or two

hundred sixty linear feet) on pipes orat least fifteen square meters (or onehundred sixty square feet) on otherfacility components; or

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(B) At least one cubic meter (or thirty-five cubic feet) off facilitycomponents where the length or areacould not be measured previously;

(2) In a facility being demolished, only thenotification requirements of subsections(b)(1), (b)(2), (b)(3)(A), (b)(3)(D),(b)(4)(A) through (b)(4)(H), (b)(4)(I), and(b)(4)(R) apply, if the combined amount ofRACM is:(A) Less than eighty linear meters (or two

hundred sixty linear feet) on pipesand less than fifteen square meters(or one hundred sixty square feet) onother facility components; and

(B) Less than one cubic meter (or thirty-five cubic feet) off facilitycomponents where the length or areacould not be measured previously orthere is no asbestos;

(3) If the facility is being demolishedpursuant to an order of a state or localgovernment agency, issued because thefacility is structurally unsound and indanger of imminent collapse, onlyrequirements of subsection (b)(1), (b)(2),(b)(3)(C), (b)(4) (except subsections(b)(4)(I)), (b)(5), and (c)(4) through(c)(9) apply; and

(4) In a facility being renovated, includingany individual nonscheduled renovationoperation, all the requirements ofsubsections (b) and (c) apply if thecombined amount of RACM to be stripped,removed, dislodged, cut, drilled, orsimilarly disturbed is:(A) At least eighty linear meters (or two

hundred sixty linear feet) on pipes orat least fifteen square meters (or onehundred sixty square feet) on otherfacility components; or

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(B) At least one cubic meter (or thirty-five cubic feet) off facilitycomponents where the length or areacould not be measured previously.

(C) To determine whether paragraph (a)(4)of this section applies to plannedrenovation operations involvingindividual nonscheduled operations,predict the combined additive amountof RACM to be removed or strippedduring a calendar year of January 1through December 31.

(D) To determine whether paragraph (a)(4)of this section applies to emergencyrenovation operations, estimate thecombined amount of RACM to be removedor stripped as a result of the sudden,unexpected event that necessitated therenovation.

(b) Each owner or operator of a demolition orrenovation activity to which this section appliesshall:

(1) Provide the director with a separatewritten notice of intention to demolish orrenovate for each building affected. Delivery of the notice by U.S. PostalService, commercial delivery service, orhand delivery is acceptable, but not byfacsimile;

(2) Update notice, as necessary, including whenthe amount of asbestos affected changes byat least twenty percent;

(3) Postmark or deliver the notice as follows:(A) At least ten working days before

asbestos demolition, stripping, orremoval work or any other activitybegins (such as site preparation thatwould break up, dislodge, or similarlydisturb asbestos material), if theoperation is described in subsection

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(a)(1),(a)(2), and (a)(4) (exceptsubsections(a)(4)(C) and (a)(4)(D));

(B) At least ten working days before theend of the calendar year preceding theyear for which notice is being givenfor renovations described insubsection (a)(4)(C);

(C) As early as possible before, but notlater than, the following working dayif the operation is a demolitionordered according to subsection (a)(3)or, if the operation is a renovationdescribed in subsection (a)(4)(D); or

(D) For asbestos stripping or removal workin a demolition or renovationoperation, described in subsection(a)(1) and (a)(4) (except subsections(a)(4)(C) and (a)(4)(D)), and for ademolition described in subsection(a)(2), that will begin or end on adate other than the one contained inthe original notice, notice of the newstart or completion date shall beprovided to the director as follows:(i) When the asbestos stripping or

removal operation or demolitionoperation covered by thisparagraph will begin after thedate contained in the notice, thedirector shall be notified of thenew start date by telephone assoon as possible before theoriginal start date, and awritten notice of the new startdate shall be delivered to thedirector or postmarked to thedirector no later than oneworking day after telephonenotification. Delivery of theupdated notice by the U.S. PostalService, commercial delivery

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service, or hand delivery isacceptable, but not by facsimile;

(ii) When the asbestos stripping orremoval operation or demolitionoperation covered by thisparagraph will begin on a dateearlier than the original startdate, provide the director with awritten notice of the new startdate at least ten working daysbefore asbestos stripping,removal work, or demolitionbegins. Delivery of the updatednotice by U.S. Postal Service,commercial delivery service, orhand delivery is acceptable, butnot by facsimile; and

(iii) In no event shall an operationcovered by this paragraph beginon a date other than the datecontained in the written noticeof the new start date;

(iv) When the asbestos stripping orremoval operation or demolitionoperations covered by thisparagraph will end before orafter the date contained in thenotice, the director shall benotified of the new completiondate by telephone as soon aspossible before the originalcompletion date, and a writtennotice of the new completion dateshall be delivered to thedirector or postmarked to thedirector no later than oneworking day after telephonenotification. Delivery of theupdated notice by the U.S. PostalService, commercial delivery

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service, or hand delivery isacceptable, but not by facsimile.

(4) Include the following in the notice:(A) An indication of whether the notice is

the original or a revisednotification;

(B) Name, address, and telephone number ofboth the facility owner and operatorand the asbestos removal contractorowner or operator;

(C) Whether the type of operation isdemolition or renovation;

(D) Whether asbestos is present or notpresent in the facility, theinspector’s name and certificationnumber, and the state from whichcertification was obtained;

(E) Description of the facility oraffected part of the facilityincluding the size (square meters orsquare feet, and number of floors),age, and present and prior use of thefacility;

(F) Procedure, including analyticalmethods, employed to detect thepresence of RACM and category I andcategory II nonfriable ACM, and thename of the laboratory that performedthe analysis;

(G) Estimate of the approximate amount ofRACM to be removed from the facilityin terms of length of pipe in linearmeters or linear feet, surface area insquare meters or square feet on otherfacility components, or volume incubic meters or cubic feet if off thefacility components. Also, estimatethe approximate amount of category Iand category II nonfriable ACM in theaffected part of the facility thatwill not be removed before demolition;

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(H) Location and street address (includingbuilding number or name and floor orroom number, if appropriate), city,county, and state, of the facilitybeing demolished or renovated;

(I) Scheduled starting and completiondates, work days and work times ofasbestos removal work (or any otheractivity, such as site preparationthat would break up, dislodge, orsimilarly disturb asbestos material)in a demolition or renovation; plannedrenovation operations involvingindividual nonscheduled operationsshall only include the beginning andending dates of the report period asdescribed in subsection (a)(4)(C);

(J) Scheduled starting and completiondates, work days and work times ofdemolition or renovation;

(K) Description of planned demolition orrenovation work to be performed andmethods to be employed, includingdemolition or renovation techniques tobe used and description of affectedfacility components;

(L) Description of work practices andengineering controls to be used tocomply with the requirements of thischapter, including asbestos removaland waste-handling emission controlprocedures;

(M) Project Designer’s name andcertification number, and the statefrom which certification was obtained;

(N) Name and location of the wastedisposal site where the asbestos-containing waste material will bedeposited;

(O) A certification that at least oneperson trained as required by

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subsection (c)(8) will supervise thestripping and removal described bythis notification. This requirementshall become effective one year afterthe effective date of this rule;

(P) For facilities described in subsection(a)(3), the name, title, and authorityof the state or local governmentrepresentative who has ordered thedemolition, the date that the orderwas issued, and the date on which thedemolition was ordered to begin. Acopy of the order shall be attached tothe notification;

(Q) For emergency renovations described insubsection (a)(4)(D), the date andhour that the emergency occurred, adescription of the sudden, unexpectedevent, and an explanation of how theevent caused an unsafe condition, orwould cause equipment damage, or anunreasonable financial burden. Ultimate approval of emergencyrenovation is left to the discretionof the director;

(R) Description of procedures to befollowed in the event that unexpectedRACM is found or category IInonfriable ACM becomes crumbled,pulverized, or reduced to powder;

(S) Name, address, and telephone number ofthe waste transporter; and

(5) The information required in subsection(b)(4) shall be reported using a formsimilar to that shown in Figure 3 entitled"Asbestos Office Notification of Demolitionand Renovation", dated June 1, 1998,located at the end of this chapter.

(c) Each owner or operator of a demolition orrenovation activity to whom this subsection applies,

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according to subsection (a), shall comply with thefollowing procedures:

(1) Remove all RACM from a facility beingdemolished or renovated before any activitybegins that would break up, dislodge, orsimilarly disturb the material or precludeaccess to the material for subsequentremoval. RACM need not be removed beforedemolition if:(A) It is category I nonfriable ACM that

is not in poor condition and is notfriable;

(B) It is on a facility component that isencased in concrete or other similarlyhard material and is adequately wetwhenever exposed during demolition; Itwas not accessible for testing andwas, therefore, not discovered untilafter demolition began and, as aresult of the demolition, the materialcannot be safely removed. If notremoved for safety reasons, theexposed RACM and any asbestos-contaminated debris shall be treatedas asbestos-containing waste materialand adequately wet at all times untildisposed of; or

(C) It is category II nonfriable ACM andthe probability is low that thematerials will become crumbled,pulverized, or reduced to powderduring demolition;

(2) When a facility component that contains, iscovered with, or is coated with RACM isbeing taken out of the facility as a unitor in sections:(A) Adequately wet all RACM exposed during

cutting or disjoining operations; and(B) Carefully lower each unit or section

to the floor and to ground level, notdropping, throwing, sliding, or

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otherwise damaging or disturbing theRACM;

(3) When RACM is stripped from a facilitycomponent while it remains in place in thefacility, adequately wet the RACM duringthe stripping operation;(A) In renovation operations, wetting is

not required if:(i) The owner or operator has

obtained prior written approvalfrom the director based on awritten application that wettingto comply with this paragraphwould unavoidably damageequipment or present a safetyhazard; and

(ii) The owner or operator uses eithera local exhaust ventilation and acollection system designed andoperated to capture theparticulate asbestos materialproduced by the stripping andremoval of the asbestos materialswhich exhibits no visibleemissions to the outside air oris designed and operated inaccordance with the requirementsin section 11-501-14; uses aglove-bag system designed andoperated to contain theparticulate asbestos materialproduced by the stripping of theasbestos materials; or uses leak-tight wrapping to contain allRACM prior to dismantlement;

(B) In renovation operations where wettingwould result in equipment damage or asafety hazard, and the methods allowedin subsection (c)(3)(A) cannot beused, another method may be used afterobtaining written approval from the

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director based upon a determinationthat it is equivalent to wetting incontrolling emissions or to themethods allowed in subsection(c)(3)(A);

(C) A copy of the director's writtenapproval shall be kept at the worksiteand made available for inspection;

(4) After a facility component covered with,coated with, or containing RACM has beentaken out of the facility as a unit or insections pursuant to subsection (c)(2), itshall be stripped or contained intransparent, leak-tight wrapping except asdescribed in subsection (c)(5). Ifstripped:(A) Adequately wet the RACM during

stripping; and(B) Use a local exhaust ventilation and

collection system designed andoperated to capture the particulateasbestos material produced by thestripping. The system shall exhibit novisible emissions to the outside airand shall be designed and operated inaccordance with the requirements insection 11-501-14;

(5) For large facility components such asreactor vessels, large tanks, and steamgenerators, but not beams (which shall behandled in accordance with subsections(c)(2), (c)(3), and (c)(4)), the RACM isnot required to be stripped if all of thefollowing requirements are met:(A) The component is removed, transported,

stored, disposed of, or reused withoutdisturbing or damaging the RACM;

(B) The component is encased in atransparent, leak-tight wrapping; and

(C) The transparent, leak-tight wrappingis labeled during all loading and

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unloading operations and duringstorage. The markings shall:(i) Be displayed in such a manner and

location that a person can easilyread the legend;

(ii) Conform to the requirements for51 cm. x 36 cm. (20 in. x 14 in.)upright format signs specified inOccupational Safety and HealthStandards (29 CFR 1910.145(d)(4))and this paragraph; and

(iii) Display the following legend inthe lower panel with letter sizesand styles of a visibility atleast equal to those specified inthis paragraph:

DANGERASBESTOS DUST HAZARD

CANCER AND LUNG DISEASE HAZARDAuthorized Personnel Only

Notation:2.5 cm (1 inch) sans serif, gothic or block2.5 cm (1 inch) sans serif, gothic or block1.9 cm (3/4 inch) sans serif, gothic or block14 point gothic

Spacing between any two linesshall be a least equal to theheight of the upper of the twolines;

(6) For all RACM, including material that hasbeen removed or stripped:(A) Adequately wet the material and ensure

that it remains wet until collectedand contained or treated inpreparation for disposal in accordancewith section 11-501-12;

(B) Carefully lower the material to theground and floor, not dropping,throwing, sliding without chutes, or

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otherwise damaging or disturbing thematerial;

(C) Transport the material in transparent,leak-tight containers to the groundvia leak-tight, enclosed chutes orcontainers if it has been removed orstripped more than fifty feet aboveground level and was not removed asunits or in sections;

(D) RACM contained in transparent, leak-tight wrapping that has been removedin accordance with subsection(c)(3)(A) need not be wetted;

(E) Isolate disturbances of RACM regulatedby this subsection by physicalbarriers from the outside air. Thephysical barriers shall includetransparent viewing ports which allowobservation of all stripping andremoval of RACM from outside thebarrier. Whenever the outside air isin contact with the air in any portionof the isolated area, a local exhaustventilation system which is designedand operated in accordance with therequirements of section 11-501-14shall be used. This system shallmaintain the air in the isolated areaat a pressure differential of at leastminus 0.02 inches of water withrespect to the area outside thebarrier and shall be operatedcontinuously from the establishment ofisolation barriers through final cleanup of the work area following thedisturbance of RACM. The provisionsof this section shall not apply to aremoval done entirely by the glove bagmethod, a removal using a mini-enclosure designed and operatedaccording to Appendix G to 29 CFR

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Section 1926.58, as it existed on July15, 1993, or a removal using any otherengineering control techniquesapproved by the director. If any ofthe requirements of this paragraph arenot feasible, prior written approvalshall be requested from the director,and a copy of this approval shall bekept on-site and made available forinspection;

(F) Provide a clean work site and handleall friable asbestos-containing wastematerial related to a specificdemolition, renovation, or removal,including preexisting asbestos-containing debris, in accordance withthis section and section 11-501-12;and

(G) At all points of entry to a demolitionor renovation, display signs with thelegend specified in paragraph(5)(C)(iii);

(7) When the temperature at the point ofwetting is below 0o C (32o F):(A) The owner or operator need not comply

with subsection (c)(2)(A) and thewetting provisions of subsection(c)(3);

(B) The owner or operator shall removefacility components containing, coatedwith, or covered with RACM as units orin sections to the maximum extentpossible; and

(C) During periods when wetting operationsare suspended due to freezingtemperatures, the owner or operatorshall record the temperature in thearea containing the facility components at the beginning, middle,and end of each workday and keep dailytemperature records available for

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inspection by the director duringnormal business hours at thedemolition or renovation site. Theowner or operator shall retain thetemperature records for at least twoyears;

(8) No RACM shall be stripped, removed, orotherwise handled or disturbed at afacility unless at least one on-site,currently certified contractor/supervisor,trained in the provisions of these rulesand the means of complying with them, ispresent. The required training shallinclude as a minimum: (A) Applicability;(B) Notifications;(C) Material identification;(D) Control procedures for removals

including, at least, wetting, localexhaust ventilation, negative pressureenclosures, glove-bag procedures, andHEPA filters;

(E) Waste disposal work practices;(F) Reporting and recordkeeping; and(G) Asbestos hazards and worker

protection.Evidence that the required training hasbeen completed shall be posted and madeavailable for inspection by the director atthe demolition or renovation site;

(9) For facilities described in subsection(a)(3), adequately wet the portion of thefacility that contains RACM during thewrecking operation; and

(10) If a facility is demolished by intentionalburning, all RACM including category I andcategory II nonfriable ACM shall be removedin accordance with the NESHAP beforeburning. [Eff ] (Auth: HRS§342P-41) (Imp: 40 CFR Part 61.145)

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§11-501-8 Standard for spraying. The owner oroperator of an operation in which asbestos-containingmaterials are spray applied shall comply with thefollowing requirements:

(1) For spray-on application on buildings,structures, pipes, and conduits, do not usematerial containing more than one per centasbestos as determined using the methodspecified in 40 CFR part 763, subpart E,appendix E, section I, entitled "PolarizedLight Microscopy," dated May 27, 1982,except as provided in paragraph (3);

(2) For spray-on application of materials thatcontain more than one per cent asbestos asdetermined using the method specified in 40CFR part 763, subpart F, appendix A,section I, entitled "Polarized LightMicroscopy," dated May 27, 1982, onequipment and machinery, except as providedin paragraph (3):(A) Notify the director at least twenty

days before beginning the spraying operation. Include the followinginformation in the notice:(i) Name and address of owner or

operator;(ii) Location of spraying operation;

and(iii) Procedures to be followed to meet

the requirements of thisparagraph; and

(B) Discharge no visible emissions to theoutside air from spray-on applicationof the asbestos-containing materialand use the methods specified bysection 11-501-14 to clean emissionscontaining particulate asbestosmaterial before they escape to, or arevented to, the outside air; and

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(3) The requirements of paragraphs (1) and (2)do not apply to the spray-on application ofmaterials where the asbestos fibers in thematerials are encapsulated with abituminous or resinous binder duringspraying and the materials are not friableafter drying; and

(4) Owners or operators of sources subject tothis paragraph are exempt from therequirements of 40 CFR Part 61, Sections61.05(a), 61.07, and 61.09.[Eff ] (Auth: HRS § 342P-41)

(Imp: 40 CFR Part 61.146)

§11-501-9 Standard for fabricating. (a) Thissection applies to the following fabricating operationsusing commercial asbestos for the fabrication of:

(1) Cement building products;(2) Friction products, except those operations

that primarily install asbestos frictionmaterials on motor vehicles; and

(3) Cement or silicate board for ventilationhoods; ovens; electrical panels; laboratoryfurniture, bulkheads, partitions, andceilings for marine construction; and flowcontrol devices for the molten metalindustry.

(b) Each owner or operator of any of thefabricating operations to which this section appliesshall:

(1) Discharge no visible emissions to theoutside air from any of the operations orfrom any building or structure in whichthey are conducted or from any otherfugitive sources; and use the methodsspecified by section 11-501-14 to cleanemissions containing particulate asbestosmaterial before they escape to, or arevented to, the outside air;

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(2) Monitor each potential source of asbestosemissions from any part of the fabricatingfacility, including air-cleaning devices,process equipment, and buildings that houseequipment for material processing andhandling, at least once each day, duringdaylight hours, for visible emissions tothe outside air during periods ofoperation. The monitoring shall be byvisual observation of at least fifteenseconds duration per source of emissions;

(3) Inspect each air-cleaning device at leastonce each week for proper operation and forchanges that signal the potential formalfunctions, including, to the maximumextent possible without dismantling otherthan opening the device, the presence oftears, holes, and abrasions in filter bagsand for dust deposits on the clean side ofbags. For air-cleaning devices that cannotbe inspected on a weekly basis according tothis paragraph, submit to the director, andrevise as necessary, a written maintenanceplan to include, at a minimum, thefollowing:(A) A maintenance schedule; and(B) A recordkeeping plan;

(4) Maintain records of the results of visibleemission monitoring and air cleaning deviceinspections using a format similar to thatshown in Figure 1, entitled "Record ofVisible Emissions", and Figure 2, entitled"Air Cleaning Device Inspection Checklist",both dated June 1, 1998 and located at theend of this chapter, and include thefollowing:(A) The date and time of each inspection;(B) The presence or absence of visible

emissions;

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(C) The condition of fabric filters,including the presence of any tears,holes, and abrasions;

(D) The presence of dust deposits on theclean side of fabric filters;

(E) A brief description of correctiveactions taken, including the date andtime; and

(F) The daily hours of operation for eachair-cleaning device;

(5) Furnish upon request and make available atthe affected facility during normalbusiness hours for inspection by thedirector, all records required pursuant tothis section;

(6) Retain a copy of all monitoring andinspection records for at least two years;and

(7) Submit quarterly a copy of the visibleemission monitoring records to the directorif visible emissions occurred during thereport period. Quarterly reports shall bepostmarked by the thirtieth day followingthe end of the calendar quarter.[Eff ] (Auth: HRS § 342P-41)(Imp: 40 CFR Part 61.147)

§11-501-10 Standard for insulating materials. Noowner or operator of a facility may install orreinstall on a facility component any insulatingmaterials that contain commercial asbestos if thematerials are either molded and friable or wet-appliedand friable after drying. The provisions of thissection do not apply to spray-applied insulatingmaterials regulated by section 11-501-8. [Eff ] (Auth: HRS § 342P-41) (Imp: 40CFR Part 61.148)

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§11-501-11 Standard for waste disposal forasbestos mills. (a) Deposit all asbestos-containingmaterial at a waste disposal site operated inaccordance with the provisions of section 11-501-16.

(b) Discharge no visible emissions to the outsideair from the transfer of control device asbestos wasteto the tailings conveyor and use the methods specifiedby section 11-501-14 to clean emissions containingparticulate asbestos material before they escape to, orare vented to, the outside air. Dispose of theasbestos waste from control devices in accordance withsection 11-501-12 or subsection (c).

(c) Discharge no visible emissions to the outsideair during the collection, processing, packaging, oron-site transportation of any asbestos-containing wastematerial and use one of the methods specified byparagraphs (1) or (2) as follows:

(1) (A) Discharge no visible emissions to theoutside air from the wetting operationand use the methods specified bysection 11-501-14 to clean emissionscontaining particulate asbestosmaterial before they escape to, or arevented to, the outside air; and

(B) Wetting may be suspended when theambient temperature at the wastedisposal site is less than -9.5°C(15°F), as determined by an appropriatemeasurement method with an accuracy of±1°C (±2°F). During periods whenwetting operations are suspended, thetemperature must be recorded at leastat hourly intervals, and records mustbe retained for at least two years ina form suitable for inspection; or

(2) Use an alternate emissions control andwaste treatment method that has receivedprior written approval by the director. Toobtain approval for an alternative method,a written application must be submitted to

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the director demonstrating that thefollowing criteria are met:(A) The alternative method will control

asbestos emissions equivalent tocurrently required methods;

(B) The suitability of the alternativemethod for the intended application;

(C) The alternative method will notviolate other regulations; and

(D) The alternative method will not resultin increased water pollution, landpollution, or occupational hazards.

(d) When the waste is transported by vehicle toa disposal site:

(1) Mark vehicles used to transport asbestos-containing waste material during theloading and unloading of the waste so thatthe signs are visible, in accordance withsection 11-501-7(c)(5)(c)(i), (ii), and(iii); and

(2) For off-site disposal, provide a copy ofthe waste shipment record, described insubsection (e)(1), to the disposal siteowner or operator at the same time as theasbestos-containing waste material isdelivered to the disposal site.

(e) For all asbestos-containing waste materialtransported off the facility site:

(1) Maintain asbestos waste shipment records,using a form similar to that shown inFigure 4, entitled "Waste Shipment Record",dated June 1, 1998, located at the end ofthis chapter, and include the followinginformation:(A) The name, address, and telephone

number of the waste generator; and(B) The name and address of local, state,

or EPA regional agencies responsiblefor administering the asbestos NESHAPprogram;

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

(D) The name and telephone number of thedisposal site operator;

(E) The name and physical site location ofthe disposal site;

(F) The date transported;(G) The name, address, and telephone

number of the transporter(s); and(H) A certification that the contents of

this consignment are fully andaccurately described by propershipping name and are classified,packed, marked and labeled, and are inall respects in proper condition fortransport by highway according to theapplicable international andgovernment regulations;

(2) For waste shipments where a copy of thewaste shipment record, signed by the owneror operator of the designated disposalsite, is not received by the wastegenerator within thirty-five days of thedate the waste was accepted by the initialtransporter, contact the transporter, orthe owner or operator of the designateddisposal site, or both, to determine thestatus of the waste shipment;

(3) Report in writing to the local, state, orEPA regional agency responsible foradministering the asbestos NESHAP programfor the waste generator if a copy of thewaste shipment record, signed by the owneror operator of the designated wastedisposal site, is not received withinforty-five days of the date the waste wasaccepted by the initial transporter. Include in the report the followinginformation:

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(A) A copy of the waste shipment recordfor which a confirmation of deliverywas not received; and

(B) A cover letter signed by the wastegenerator explaining the efforts takento locate the asbestos waste shipmentand the results of those efforts; and

(4) Retain a copy of all waste shipmentrecords, including a copy of the wasteshipment record signed by the owner oroperator of the designated waste disposalsite, for at least two years.

(f) Furnish upon request, and make availablefor inspection by the director, all records requiredunder this section. [Eff ] (Auth: HRS §342P-41) (Imp: 40 CFR Part 61.149)

§11-501-12 Standard for waste disposal formanufacturing, fabricating, demolition, renovation, andspraying operations. Each owner or operator of anysource regulated by the provisions of sections 11-501-6, 11-501-7, 11-501-8, and 11-501-9 shall:

(1) Discharge no visible emissions to theoutside air during the collection,processing (including incineration),packaging, or transporting of any asbestos-containing waste material generated by thesource, and use one of the emission controland waste treatment methods specified insubparagraphs (A) through (D):(A) Adequately wet asbestos-containing

waste material as follows:(i) Mix control device asbestos waste

to form a slurry; adequately wetother asbestos-containing wastematerial;

(ii) Discharge no visible emissions tothe outside air from collection,mixing, wetting, and handlingoperations, and meet the

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containment requirementsspecified in section 11-501-7(c)(6)(E), using the methodsspecified by section 11-501-14 toclean emissions containingparticulate asbestos materialbefore they escape to, or arevented to, the outside air;

(iii) After wetting, and while stilladequately wet, promptly seal allasbestos-containing wastematerial in leak-tightcontainers; or, for materialsthat will not fit into containerswithout additional breaking, putmaterials into leak-tightwrapping. All plastic wrappingor containerizing material shallbe transparent. Bagging of allloose asbestos material shall beperformed at least twice duringeach work day, before main restbreak and at completion of thework day. Bagging shall be doneprior to the removal of thematerials from containment asspecified in section 11-501-7(c)(6)(E) and the containersshall remain leak-tight;

(iv) Label the containers or wrappedmaterials specified in clause(iii) using warning labelsspecified by Occupational Safetyand Health Standards of OSHApursuant to 29 CFR1910.1001(j)(2) or 1926.58(k)(2)(iii). The labels shall beprinted in letters of sufficientsize and contrast so as to bereadily visible and legible; and

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(v) For asbestos-containing wastematerial removed from containmentor to be transported off thefacility site, label containersor wrapped materials with thename of the owner and operatorand the location at which thewaste was generated;

(B) Process asbestos-containing wastematerial into nonfriable forms asfollows:(i) Form all asbestos-containing

waste material into nonfriablepellets or other shapes; and

(ii) Discharge no visible emissions tothe outside air from collectionand processing operations,including incineration, and meetthe containment requirementsspecified in section 11-501-7(c)(6)(E), using the methodspecified by section 11-501-14 toclean emissions containingparticulate asbestos materialbefore they escape to, or arevented to, the outside air;

(C) For facilities demolished where theRACM is not removed prior todemolition according to section 11-501-7(c)(1)(A) through (D) or forfacilities demolished according tosection 11-501-7(a)(3) adequately wetasbestos-containing waste material atall times after demolition and keepwet during handling and loading fortransport to a disposal site;

(D) Use an alternative emissions controland waste treatment method that hasreceived prior approval by thedirector. To obtain approval for analternative method, a written

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application shall be submitted to the director demonstrating that thefollowing criteria are met:(i) The alternative method will

control asbestos emissionsequivalent to currently requiredmethods;

(ii) The suitability of thealternative method for theintended application;

(iii) The alternative method will notviolate other rules; and

(iv) The alternative method will notresult in increased waterpollution, land pollution, oroccupational hazards; and

(E) As applied to demolition andrenovation, the requirements ofparagraph (1) do not apply to categoryI nonfriable ACM waste and category IInonfriable ACM waste that did notbecome crumbled, pulverized, or reducedto powder;

(2) All asbestos-containing waste materialshall be deposited as soon as is practicalby the waste generator at a waste disposalsite operated in accordance with theprovisions of section 11-501-16, or an EPA-approved site that converts RACM andasbestos-containing waste material intonon-asbestos (asbestos-free) materialaccording to the provisions of section 11-501-17. The requirements of this paragraphdo not apply to category I nonfriable ACMthat is not RACM;

(3) Mark vehicles used to transport asbestos-containing waste material during theloading and unloading of waste so that thesigns are visible and in accordance withsection 11-501-7(c)(5)(C)(i), (ii), and(iii);

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(4) For all asbestos-containing waste materialtransported off the facility site:(A) Maintain waste shipment records, using

a form similar to that shown in Figure4, entitled "Waste Shipment Record",dated June 1, 1998, located at the endof this chapter, and include thefollowing information:(i) The name, address, and telephone

number of the waste generator;(ii) The name and address of the state

office responsible foradministering the asbestos NESHAPprogram;

(iii) The approximate quantity in cubicmeters or cubic yards;

(iv) The name and telephone number ofthe disposal site operator;

(v) The name and physical sitelocation of the disposal site;

(vi) The date transported;(vii) The name, address, and telephone

number of the transporter ortransporters; and

(viii) A certification that the contentsof this consignment are fully andaccurately described by propershipping name and are classified,packed, marked, and labeled, andare in all respects in propercondition for transport byhighway according toapplicable international andgovernment regulations;

(B) Provide a copy of the waste shipmentrecord, described in subparagraph (A),to the disposal site owners oroperators at the same time as theasbestos-containing waste material isdelivered to the disposal site;

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(C) For waste shipments where a copy ofthe waste shipment record, signed bythe owner or operator of thedesignated disposal site, is notreceived by the waste generator withinthirty-five days of the date the wastewas accepted by the initialtransporter, contact the transporter,owner, or operator of the designateddisposal site to determine the statusof the waste shipment;

(D) Report in writing to the local, state,or EPA Regional office responsible foradministering the asbestos NESHAPprogram for the waste generator if acopy of the waste shipment record,signed by the owner or operator of thedesignated waste disposal site, is notreceived by the waste generator withinforty-five days of the date the wastewas accepted by the initialtransporter. Include in the reportthe following information:(i) A copy of the waste shipment

record for which a confirmationof delivery was not received; and

(ii) A cover letter signed by thewaste generator explaining theefforts taken to locate theasbestos waste shipment and theresults of those efforts; and

(E) Retain a copy of all waste shipmentrecords, including a copy of the wasteshipment record signed by the owner oroperator of the designated wastedisposal site, for at least two years;and

(5) Furnish upon request, and make availablefor inspection by the director, all recordsrequired by this section.

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[Eff ] (Auth: HRS §342P-41)(Imp: 40 CFR Part 61.150)

§11-501-13 Standard for inactive waste disposalsites for asbestos mills and manufacturing andfabricating operations. Each owner or operator of anyinactive waste disposal site that was operated bysources regulated pursuant to section 11-501-4, 11-501-6, or 11-501-9 and received deposits of asbestos-containing waste material generated by the sourcesshall:

(1) Comply with one of the following:(A) Discharge no visible emissions to the

outside air from an inactive wastedisposal site subject to this section;

(B) Cover the asbestos-containing wastematerial with at least fifteencentimeters (six inches) of compactednon-asbestos-containing material, andgrow and maintain a cover ofvegetation on the area adequate toprevent exposure of the asbestos-containing waste material. In desertareas where vegetation would bedifficult to maintain, at least eightadditional centimeters (three inches)of well-graded, non-asbestos crushedrock may be placed on top of the finalcover instead of vegetation andmaintained to prevent emissions; or

(C) Cover the asbestos-containing wastematerial with at least sixtycentimeters (two feet) of compactednon-asbestos-containing material, andmaintain it to prevent exposure of theasbestos-containing waste;

(2) Unless a natural barrier adequately detersaccess by the general public, install andmaintain warning signs and fencing as

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follows, or comply with paragraph (1)(B) or(C):(A) Display warning signs at all entrances

and at intervals of one hundred meters(328 feet) or less along the propertyline of the site or along theperimeter of the sections of the sitewhere asbestos-containing wastematerial was deposited. The warningsigns shall:(i) Be posted in a manner and

location that a person can easilyread the legend;

(ii) Conform to the requirements for51 centimeters X 36 centimeters(20 inches X 14 inches) uprightformat signs specified in 29 CFR1910.145(d)(4) and thisparagraph; and

(iii) Display the following legend inthe lower panel with letter sizesand styles of a visibility atleast equal to those specified inthis paragraph:

Asbestos Waste Disposal SiteDo Not Create Dust

Breathing Asbestos is Hazardous to Your Health

Notation:2.5 cm (1 inch) sans serif, gothic or block2.5 cm (1 inch) sans serif, gothic or block1.9 cm (3/4 inch) sans serif, gothic or block14 point gothic

Spacing between any two lines shallbe at least equal to the height ofthe upper of the two lines;

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(B) Fence the perimeter of the site in amanner adequate to deter access by thegeneral public; and

(C) When requesting a determination onwhether a natural barrier adequatelydeters public access, supplyinformation enabling the director todetermine whether a fence or a naturalbarrier adequately deters access bythe general public;

(3) The owner or operator may use analternative control method that hasreceived prior approval of the directorrather than comply with the requirements ofparagraph (1) or (2);

(4) Notify the director in writing at leastforty-five days prior to excavating orotherwise disturbing any asbestos-containing waste material that has beendeposited at a waste disposal site pursuantto this section, and follow the proceduresspecified in the notification. If theexcavation will begin on a date other thanthe one contained in the original notice,notice of the new start date shall beprovided to the director at least tenworking days before excavation begins andin no event shall excavation begin earlierthan the date specified in the originalnotification. Include the followinginformation in the notice:(A) Scheduled starting and completion

dates;(B) Reason for disturbing the waste;(C) Procedures to be used to control

emissions during the excavation,storage, transport, and ultimatedisposal of the excavated asbestos-containing waste material. If deemed

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necessary, the director may requirechanges in the emission controlprocedures to be used; and

(D) Location of any temporary storage siteand the final disposal site; and

(5) Within sixty days of a site becominginactive and after the effective date ofthis chapter, record, in accordance withstate law, a notation on the deed to thefacility property and on any otherinstrument that would normally be examinedduring a title search; this notation willin perpetuity notify any potentialpurchaser of the property that:(A) The land has been used for the

disposal of asbestos-containing wastematerial;

(B) The survey plot and record of thelocation and quantity of asbestos-containing waste disposed of withinthe disposal site required in section11-501-16(6) have been filed with thedirector; and

(C) The site is subject to this chapter.[Eff ] (Auth: HRS§342P-41) (Imp: 40 CFR Part 61.151)

§11-501-14 Air-cleaning. (a) Any owner oroperator who uses air cleaning, as specified insections 11-501-4(a), 11-501-6(b)(1), 11-501-7(c)(3)(A)(ii), 11-501-7(c)(4)(B), 11-501-7(c)(6)(E),11-501-8(2)(B), 11-501-11(c)(1)(A), 11-501-12(1)(A)(ii), 11-501-12(1)(B)(ii), and 11-501-17(5) shall:

(1) Use fabric filter collection devices,except as noted in subsection (b), doingall of the following:(A) Ensuring that the airflow

permeability, as determined by ASTMMethod D737-75, does not exceed 9m3/min/m2(30 ft3/min/ft2) for woven

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fabrics or 11 m3/min/m2(35 ft3/min/ft2)for felted fabrics;

(B) Ensuring that felted fabric weighs atleast 475 grams per square meter(fourteen ounces per square yard) andis at least 1.6 millimeters (one-sixteenth inch) thick throughout; and

(C) Avoiding the use of synthetic fabricsthat contain fill yarn other than thatwhich is spun;

(2) Properly install, use, operate, andmaintain all air-cleaning equipmentauthorized by this section. Bypass devicesmay be used only during upset or emergencyconditions and then only for so long as ittakes to shut down the operation generatingthe particulate asbestos material;

(3) For fabric filter collection devicesinstalled after January 10, 1989, providefor easy inspection for faulty bags; and

(4) Maintain on-site one operable, backupnegative air device at all times during theabatement.

(b) The following are exceptions to section(a)(1):

(1) If the use of fabric creates a fire orexplosion hazard, or the directordetermines that a fabric filter is notfeasible, the director may authorize as asubstitute the use of wet collectorsdesigned to operate with a unit contactingenergy of at least 9.95 kilopascals (fortyinches water gage pressure);

(2) Use a HEPA filter that is certified to beat least 99.97 per cent efficient for 0.3micron particles; or

(3) The director may authorize the use offiltering equipment other than described insection (a)(1) and paragraphs (1) and (2)if the owner or operator demonstrates tothe director's satisfaction that it is

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equivalent to the described equipment infiltering particulate asbestos material.[Eff ] (Auth: HRS §342P-41)(Imp: 40 CFR Part 61.152)

§11-501-15 Reporting. (a) Any new source towhich this chapter applies, with the exception ofsources subject to sections 11-501-5, 11-501-7, 11-501-8, and 11-501-10, which has an initial startup datepreceding the effective date of this chapter, shallprovide the following information to the director,postmarked or delivered, within ninety days of theeffective date. In the case of a new source that doesnot have an initial startup date preceding theeffective date, the information shall be provided tothe director, postmarked or delivered, within ninetydays of the initial startup date. Any owner oroperator of an existing source shall provide thefollowing information to the director within ninetydays of the effective date of this chapter unless theowner or operator of the existing source has previouslyprovided this information to the director. Any changesin the information provided by any existing sourceshall be provided to the director, postmarked ordelivered, within thirty days after the change. Theinformation shall include:

(1) A description of the emission controlequipment used for each process:(A) If the fabric device uses a woven

fabric, the airflow permeability inm3/min/m2 and, if the fabric issynthetic, whether the fill yarn isspun or not spun; and

(B) If the fabric filter device uses afelted fabric, the density in g/m2, theminimum thickness in inches, and theairflow permeability in m3/min/m2;

(2) If a fabric filter device is used tocontrol emissions:

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(A) The airflow permeability in m3/min/m2

(ft3 /min/ft2) if the fabric filterdevice uses a woven fabric, and, ifthe fabric is synthetic, whether thefill yarn is spun or not spun; and

(B) If the fabric filter device uses afelted fabric, the density ing/m2(oz/yd2), the minimum thickness inmillimeters (inches), and the airflowpermeability in m3/min/m2 (ft3

/min/ft2);(3) If a HEPA filter is used to control

emissions, the certified efficiency;(4) For sources subject to sections 11-501-11

and 11-501-12:(A) A brief description of each process

that generates asbestos-containingwaste material;

(B) The average volume of asbestos-containing waste material disposed of,measured in m3/day (yd3/day);

(C) The emission control methods used inall stages of waste disposal; and

(D) The type of disposal site orincineration site used for ultimatedisposal, the name of the siteoperator, and the name and location ofthe disposal site; and

(5) For sources subject to sections 11-501-13and 11-501-16:(A) A brief description of the site; and(B) The method or methods used to comply

with the standard, or alternativeprocedures to be used.

(b) The information described in this sectionshall be reported using the format of Appendix A of 40CFR Part 61, entitled "National Emission Standards forHazardous Air Pollutants Compliance StatusInformation", dated November 20, 1990. §11-501-16shall also comply with this provision.

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[Eff ] (Auth: HRS §342P-41) (Imp: 40 CFRPart 61.153)

§11-501-16 Standard for active waste disposalsites. Each owner or operator of an active wastedisposal site that receives asbestos-containing wastematerial from a source regulated pursuant to section11-501-11, 11-501-12 or 11-501-17 shall meet therequirements of this section:

(1) There shall be no visible emissions to theoutside air from any active waste disposalsite where asbestos-containing wastematerial has been deposited; or therequirements of paragraph (3) or (4) shallbe met;

(2) Unless a natural barrier adequately detersaccess by the general public, eitherwarning signs and fencing shall beinstalled and maintained as follows, or therequirements of paragraph (3)(A) shall bemet.(A) Warning signs shall be displayed at

all entrances and at intervals of onehundred meters (three hundred andthirty feet) or less along theproperty line of the site or along theperimeter of the sections of the sitewhere asbestos-containing wastematerial is deposited. The warningsigns shall:(i) Be posted in a manner and

location that a person can easilyread the legend;

(ii) Conform to the requirements of 51cm X 36 cm (20" X 14 ") uprightformat signs specified in 29 CFR1910.145(d)(4) and thisparagraph; and

(iii) Display the following legend inthe lower panel with letter sizes

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and styles of a visibility atleast equal to those specified inthis paragraph:

Asbestos Waste Disposal SiteDo Not Create Dust

Breathing Asbestos is Hazardous to Your Health

Notation:2.5 cm (1 inch) sans serif, gothic or block2.5 cm (1 inch) sans serif, gothic or block1.9 cm (3/4 inch) sans serif, gothic or block14 point gothic

Spacing between any two linesshall be at least equal to theheight of the upper of the twolines;

(B) The perimeter of the disposal siteshall be fenced in a manner adequateto deter access by the general public;and

(C) Upon request and supply of appropriateinformation, the director shalldetermine whether a fence or a naturalbarrier adequately deters access bythe general public;

(3) Rather than meet the no visible emission requirement of paragraph (1), at the end ofeach operating day, or at least once inevery twenty-four-hour period while thesite is in continuous operation, theasbestos-containing waste material that hasbeen deposited at the site during theoperating day or previous twenty-four hourperiod shall:(A) Be covered with at least fifteen

centimeters (six inches) of compactednon-asbestos-containing material; or

(B) Be covered with a resinous orpetroleum-based dust suppression agent

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that effectively binds dust andcontrols wind erosion. The agentshall be used in the manner andfrequency recommended for theparticular dust by the dustsuppression agent manufacturer toachieve and maintain dust control.Other equally effective dustsuppression agents may be used uponprior approval by the director. Forpurposes of this paragraph, any used,spent, or other waste oil is notconsidered a dust suppression agent;

(4) Rather than meet the no visible emissionrequirement of paragraph (1), use analternative emissions control method thathas received prior written approval by thedirector by submitting a writtenapplication to the director demonstratingthat the following criteria are met:(A) The alternative method will control

asbestos emissions equivalent tocurrently required methods;

(B) The suitability of the alternativemethod for the intended application;

(C) The alternative method will notviolate other regulations; and

(D) The alternative method will not resultin increased water pollution, landpollution, or occupational hazards;

(5) For all asbestos-containing waste materialreceived, the owner or operator of theactive waste disposal site shall:(A) Maintain waste shipment records, using

a form similar to that shown in Figure4 entitled "Waste Shipment Record",dated June 1, 1998, located at the endof this chapter, and include thefollowing:(i) The name, address, and telephone

number of the waste generator;

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(ii) The name, address, and telephonenumber of the transporter ortransporters;

(iii) The quantity of the asbestos-containing waste material incubic meters or cubic yards;

(iv) The presence of improperlyenclosed or uncovered waste, orany asbestos-containing wastematerial not sealed in leak-tightcontainers. Report in writing tothe department by the followingworking day, the presence of asignificant amount of improperlyenclosed or uncovered waste. Submit a copy of the wasteshipment record along with thereport; and

(v) The date of the receipt;(B) As soon as possible and no longer than

thirty days after receipt of thewaste, send a copy of the signed wasteshipment record to the wastegenerator;

(C) Upon discovering a discrepancy betweenthe quantity of waste designated onthe waste shipment records and thequantity actually received, attempt toreconcile the discrepancy with thewaste generator. If the discrepancyis not resolved within fifteen daysafter receiving the waste, immediatelyreport in writing to the department,describing the discrepancy andattempts to reconcile it, and submit acopy of the waste shipment recordalong with the report; and

(D) Retain a copy of all records andreports required by this paragraph forat least two years;

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(6) Maintain, until closure, records of thelocation, depth and area, and quantity incubic meters (cubic yards) of asbestos-containing waste material within thedisposal site on a map or diagram of thedisposal area;

(7) Upon closure, comply with all theprovisions of section 11-501-13;

(8) Submit to the director, upon closure of thefacility, a copy of records of asbestoswaste disposal locations and quantities;

(9) Furnish upon request, and make availableduring normal business hours for inspectionby the director, all records requiredpursuant to this section; and

(10) Notify the director in writing at leastforty-five days prior to excavating orotherwise disturbing any asbestos-containing waste material that has beendeposited at a waste disposal site and iscovered. If the excavation will begin on adate other than the one contained in theoriginal notice, notice of the new startdate shall be provided to the director atleast ten working days before excavationbegins and in no event shall excavationbegin earlier than the date specified inthe original notification. Include thefollowing information in the notice:(A) The scheduled starting and completion

dates;(B) The reason for disturbing the waste;(C) The procedures to be used to control

emissions during the excavation,storage, transport, and ultimatedisposal of the excavated asbestos-containing waste material. If deemednecessary, the director may requirechanges in the emission controlprocedures to be used; and

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(D) The location of any temporary storagesite and the final disposal site.[Eff ] (Auth: HRS§342P-41) (Imp: 40 CFR Part 61.154)

§11-501-17 Standard for operations that convertasbestos-containing waste material into non-asbestos(asbestos-free) material. Each owner or operator of anoperation that converts RACM and asbestos-containingwaste material into non-asbestos (asbestos-free)material shall:

(1) Obtain the prior written approval of thedirector to construct the facility. Toobtain approval, the owner or operatorshall provide the director with thefollowing 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 endproduct; and

(iv) A description of the protocol tobe followed when analyzing outputmaterials by transmissionelectron microscopy;

(C) Performance test protocol, includingprovisions for obtaining informationrequired pursuant to paragraph (2);and

(D) The director may require that ademonstration of the process beperformed prior to approval of theapplication to construct.

(2) Conduct a start-up performance test. Testresults shall include:

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(A) A detailed description of the typesand quantities of non-asbestosmaterial, RACM, and asbestos-containing waste material processed,e.g., asbestos cement products,friable asbestos insulation, plaster,wood, plastic, wire, and similarmaterials. Test feed is to includethe full range of materials that willbe encountered in actual operation ofthe process;

(B) Results of analyses, using polarizedlight microscopy, that document theasbestos content of the wastesprocessed;

(C) Results of analyses, usingtransmission electron microscopy, thatdocument that the output materials arefree of asbestos. Samples for analysisare to be collected as eight-hourcomposite samples (one 200-gram orseven-ounce sample per hour),beginning with the initialintroduction of RACM or asbestos-containing waste material andcontinuing until the end of theperformance test;

(D) A description of operating parameters,such as temperature and residencetime, defining the full range overwhich the process is expected tooperate to produce non-asbestos(asbestos-free) materials. Specifythe limits for each operatingparameter within which the processwill produce non-asbestos (asbestos-free) materials; and

(E) The length of the test;(3) During the initial ninety days of

operation:

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(A) Continuously monitor and log theoperating parameters identified duringstart-up performance tests that areintended to ensure the production ofnon-asbestos (asbestos-free) outputmaterial;

(B) Monitor input materials to ensure thatthey are consistent with the test feedmaterials described during start-upperformance tests in paragraph (2)(A);and

(C) Collect and analyze samples, taken asten-day composite samples (one 200-gram or seven-ounce sample collectedevery eight hours of operation) of alloutput material for the presence ofasbestos. Composite samples may befor fewer than ten days. ATransmission Electron Microscope (TEM)shall be used to analyze the outputmaterial for the presence of asbestos.During the initial ninety-day period,all output materials shall be storedon-site until analysis shows thematerial to be asbestos-free ordisposed of as asbestos-containingwaste material according to section11-501-12;

(4) After the initial ninety days of operation:(A) Continuously monitor and record the

operating parameters identified duringstart-up performance testing and anysubsequent performance testing. Any output produced during a period of

deviation from the range of operatingconditions established to ensure theproduction of non-asbestos (asbestos-free) output materials shall be:(i) Disposed of as asbestos-

containing waste materialaccording to section 11-501-12;

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(ii) Recycled as waste feed duringprocess operation within theestablished range of operatingconditions; or

(iii) Stored temporarily on-site in aleak-tight container untilanalyzed for asbestos content. Any product material that is notasbestos-free shall be eitherdisposed of as asbestos-containing waste material orrecycled as waste feed to theprocess; and

(B) Collect and analyze monthly compositesamples (one 200-gram or seven-ouncesample collected every eight hours ofoperation) of the output material. Transmission electron microscopy (TEM)shall be used to analyze the outputmaterial for the presence of asbestos;

(5) Discharge no visible emissions to theoutside air from any part of the operation,and use the methods specified by section11-501-14 to clean emissions containingparticulate asbestos material before theyescape to, or are vented to the outsideair;

(6) Maintain records on-site and include thefollowing:(A) Results of start-up performance

testing and all subsequent performancetesting, including operatingparameters, feed characteristic, andanalyses of output materials;

(B) Results of the composite analysesrequired during the initial ninetydays of operation pursuant toparagraph (3);

(C) Results of the monthly compositeanalyses required pursuant toparagraph (4);

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(D) Results of continuous monitoring andlogs of process operating parametersrequired pursuant to paragraphs (3)and (4);

(E) The information on waste shipmentsreceived as required pursuant tosection 11-501-16(5);

(F) For output materials where no analyseswere performed to determine thepresence of asbestos, record the nameand location of the purchaser ordisposal site to which the outputmaterials were sold or deposited, andthe date of sale or disposal; and

(G) Retain records required by thisparagraph for at least two years;

(7) Submit the following reports to thedirector:(A) A report for each analysis of product

composite samples performed during theinitial ninety days of operation;

(B) A quarterly report, including thefollowing information concerningactivities during each consecutivethree-month period:(i) Results of analyses of monthly

product composite samples;(ii) A description of any deviation

from the operating parametersestablished during performancetesting, the duration of thedeviation, and steps taken tocorrect the deviation;

(iii) Disposition of any productproduced during a period ofdeviation, including whether itwas recycled, disposed of asasbestos-containing wastematerial, or stored temporarilyon-site until analyzed forasbestos content; and

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(iv) The information on waste disposalactivities as required in section11-501-16(6); and

(8) Non-asbestos (asbestos-free) outputmaterial is not subject to any of theprovisions of this chapter. Outputmaterials in which asbestos is detected, oroutput materials produced when theoperating parameters deviated from thoseestablished during the start-up performancetesting, unless shown by TEM analysis to beasbestos-free, shall be considered to beasbestos-containing waste and shall behandled and disposed of according tosections 11-501-12 and 11-501-16 orreprocessed while all of the establishedoperating parameters are being met.[Eff ] (Auth: HRS §342P-41)(Imp: 40 CFR Part 61.155)

§11-501-18 Cross-reference to other asbestosregulations. In addition to this chapter, theregulations referenced in the following Table 1 alsoapply to asbestos and may be applicable to thosesources specified in sections 11-501-4 through 11-501-13, 11-501-16, and 11-501-17. These cross-referencesare presented for the reader's information and topromote compliance with the cited regulations.

Table 1. Cross Reference to Other Asbestos Regulations

Agency CFR citation Comment

EPA 40 CFR part 763, subpart E Requires schools to inspect forasbestos and implement responseactions and submit asbestos managementplans to States. Specifies use ofcertified inspectors, air samplingmethods, and waste disposalprocedures.

40 CFR part 427 Effluent standards for asbestosmanufacturing source categories.

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40 CFR part 763, subpart G Protects public employees performingasbestos abatement work in States notcovered by OSHA asbestos standard

OSHA 29 CFR 1910.1001 Worker protection measures –engineering controls, worker training,labeling, respiratory protection,bagging of waste, 0.1 f/cc permissibleexposure level.

29 CFR 1926.1101 Worker protection measures for allconstruction work involving asbestos,including demolition and renovation –work practices, worker training,bagging of waste, 0.1 f/cc permissibleexposure level.

MSHA 30 CFR part 56, subpart D Specifies exposure limits, engineeringcontrols, and respiratory protectionmeasures for workers in surface mines.

30 CFR part 57 Specifies exposure limits, engineeringcontrols, and respiratory protectionmeasure for workers in undergroundmines.

DOT 49 CFR parts 171 and 172 Regulates the transportation ofasbestos-containing waste material. Requires waste containment andshipping papers.

[Eff ] (Auth: HRS §342P-41) (Imp: 40 CFRPart 61.156)

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DEPARTMENT OF HEALTH

Chapter 11-501, Hawaii Administrative Rules, onthe Summary Page dated , was adopted on , following public hearings held on June 1, 1999 in Honolulu, Hawaii, June 2, 1999 inLihue, Hawaii, June 3, 1999 in Wailuku, Hawaii, June 7,1999 in Kailua-Kona, Hawaii, and June 8, 1999 in Hilo,Hawaii, after public notice was given in the HawaiiState & County Public Notices on May 3, 1999.

The adoption of Chapter 11-501 shall take effectten days after filing with the Office of the LieutenantGovernor.

________________________________Bruce S. Anderson, Ph.D., M.P.H.Director of Health

APPROVED:

____________________________Benjamin J. CayetanoGovernorState of Hawaii

Date: _________________

________________________Filed

APPROVED AS TO FORM:

_______________________Deputy Attorney General

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Figure 1. Record of Visible EmissionsJune 1, 1998

Date ofInspection(mm/dd/yy)

Time ofinspection(a.m./p.m.)

Air cleaningdevice orfugitivesource

designation ornumber

Visibleemissionsobserved?

(y/n)Corrective

action taken

Dailyoperating

hours

Inspector’sinitials

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Figure 2. Air Cleaning Device Inspection ChecklistJune 1, 1998

1. Air cleaning device designation or number ________________

2. Date of inspection (mm/dd/yy) ________________

3. Time of inspection (a.m./p.m.) ________________

4. Air cleaning device operating properly (y/n) ________________

5. Tears, holes or abrasions in fabric filter (y/n) ________________

6. Dust on clean side of fabric filters (y/n) ________________

7. Other signs of malfunctions or potential malfunctions (y/n) ________________

8. Describe other malfunctions or signs of potential malfunctions ________________

_______________________________________________________________________

9. Describe corrective action(s) taken _______________________________________

_______________________________________________________________________

10. Date and time corrective action taken ________________

11. Inspected by:

__________________ _________________ _________________ __________Print/type name Title Signature Date

__________________ _________________ _________________ __________Print/type name Title Signature Date

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Figure 3. Page 1 of 3Asbestos Notification of Demolition and Renovation

June 1, 1998

Postmark: Received: Notification #:

I. Type of notification: O=original R=revised C=cancelled

II. Type of operation: D=Demolition R=Renovation OD=Ordered Demolition ER=Emergency Renovation

III. Facility information

Owner name:

Address:

City: State: Zipcode:

Contact person: Telephone #:

Removal contractor: License #:

Address:

City: State: Zipcode:

Contact person: Telephone #:

Other operator:

Address:

City: State: Zipcode:

Contact person: Telephone #:IV. Is asbestos present (y/n):

Inspector’s name: Certification #: State of certification:V. Facility description (Include building number, floor and room number)

Building name:

Address:

City: State: Zipcode:

Site location:

Building size (sq. ft.): # Floors: Age:

Present use: Prior use:VI. Procedure used to detect the presence of asbestos

Laboratory name: Analytical method

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Figure 3. Page 2 of 3Asbestos Notification of Demolition and Renovation

June 1, 1998

VII. Specify the nature of the asbestos material (TSI, surfacing, VAT, miscellaneous):

Nonfriable ACM not to be removedAmount of asbestos, including:1. RACM to be removed2. CAT I left in place, and3. CAT II left in place

RACM to beremoved Category I Category II

Pipes (linear ft.)

Surfacing (square ft.)

Facility components (cu. ft.)VIII. Scheduled asbestos abatement dates

Start (mm/dd/yy): Finish (mm/dd/yy)

Circle workdays and times: weekdays: daytime nighttimeweekends: daytime nighttime

IX. Scheduled renovation/demolition datesStart (mm/dd/yy): Finish (mm/dd/yy)

Circle workdays and times: weekdays: daytime nighttimeweekends: daytime nighttime

X. Description of the planned renovation/demolition work and methods to be used:

XI. Description of the work practices and engineering controls to be used to prevent emissions ofasbestos from the work-site:

Project designer name: Certification #: State:XII. Waste transporter #1

Name:

Address:

City: State: Zipcode:

Contact Person: Telephone:

Waste transporter #2

Name:

Address:

City: State: Zipcode:

Contact Person: Telephone:

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Figure 3. Page 3 of 3Asbestos Notification of Demolition and Renovation

June 1, 1998

XIII. Waste disposal site:

Facility Name: Telephone:

Address:

City: State: Zipcode:

XIV. For demolition ordered by a government agency, please identify:

Name: Title:

Authority (Agency):

Date of order (mm/dd/yy): Date ordered to begin (mm/dd/yy):

XV. For emergency renovations:Date and time of emergencyDate (mm/dd/yy): Time: (a.m./p.m.)Description of sudden, unexpected event and the damage caused:

Explanation of how the event caused an unsafe condition or would cause equipment damage or anunreasonable financial burden:

Person contacted for approval at the Noise, Radiation & Indoor Air Quality Branch:

Name: Date (mm/dd/yy): Time: (a.m./p.m.)XVI. Description of procedures to be followed in the event that unexpected asbestos is found or

previously nonfriable asbestos material becomes crumbled, pulverized or reduced topowder:

XVII. I certify that an individual trained in the provisions of Hawaii administrative rules chapter11-501, and certified as a contractor/supervisor, will be on-site during the entire renovationand/or demolition and evidence that the required training has been accomplished for thisand all workers will be available at the work-site.

______________________________________________ ________________________Signature of owner/operator Date (mm/dd/yy):

XVIII. I certify that the information on this notification is correct.

______________________________________________ ________________________Signature of owner/operator Date (mm/dd/yy):

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Figure 4. Page 1 of 2Waste Shipment Record

June 1, 1998

INSTRUCTIONS

Waste Generator Section (Items 1 - 9)1. Enter the name of the facility at which asbestos waste is generated and the address where the facility is

located. In the appropriate spaces, also enter the name of the owner of the facility and the owner’sphone number.

2. If a demolition or renovation, enter the name and address of the company and authorized agentresponsible for performing the asbestos removal. In the appropriate spaces, also enter the phonenumber of the operator.

3. Enter the name, address, and physical site location of the waste disposal site (WDS) that will bereceiving the asbestos materials. In the appropriate spaces, also enter the phone number of the WDS. Enter "on-site" if the waste will be disposed of on the generator’s property.

4. Provide the name and address of the local, state, or EPA Regional office responsible for administeringthe asbestos NESHAP program.

5. Indicate the type of asbestos waste materials generated. If from a demolition or renovation, indicate theamount of material that is 1) Friable asbestos material and 2) Nonfriable asbestos material.

6. Enter the number of containers used to transport the asbestos materials listed in item 5. Also enter oneof the following container codes used in transporting each type of asbestos material (specify any othertype of container used if not listed here): 1) DM- Metal drums, barrels, 2) DP- Plastic drums, barrels and3.) BA- 6 mil plastic bags or wrapping.

7. Enter the quantities to each type of asbestos material removed in units of cubic meters (cubic yards).8. Use this space to indicate special transportation, treatment, storage or disposal or Bill of Lading

information. If an alternate waste disposal site is designated, note it here. Emergency responsetelephone numbers or similar information may be included here.

9. The authorized agent of the waste generator must read and then sign and date this certification. Thedate is the date of receipt by transporter. NOTE: The waste generator must retain a copy of this form

Transporter Section (Items 10 & 11)10. Enter name, address, and telephone number of each transporter used, if applicable. Print or type the

full name and title of person accepting responsibility and acknowledging receipt of the materials as listedon this waste shipment record for transport. Enter date of receipt and signature.

11. The transporter must retain a copy of this form.

Disposal Site Section (Items 12 & 13)12. The authorized representative of the WDS must note in this space any discrepancy between waste

described on this manifest and waste actually received as well as any improperly enclosed or containedwaste. Any rejected materials should be listed and destination of those materials provided. A site thatconverts asbestos-containing waste materials to non-asbestos material is considered a WDS.

13. The signature (by hand) of the authorized WDS agent indicates acceptance and agreement with thestatements on this manifest except as noted in item 12. The date is the date of signature and receipt ofshipment. NOTE: The WDS must retain a completed copy of this form. The WDS must also send acompleted copy to the operator listed in item two.

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Figure 4. Page 2 of 2Waste Shipment Record

June 1, 1998

I. Work site name and address:

Owner’s name: Telephone #:

II. Operator’s name: Telephone #:

Address:

III. Waste disposal site (WDS) name: Telephone #:

Mailing address: Site location:

IV. Responsible agency name and address:VI. ContainersV. Description of materials No. Type

VII. Total quantitym3 (yd3)

VIII. Special handling instruction and additional information:

Was

te G

ener

ator

IX. Operator’s Certification: I hereby declare that the contents of this consignment are fully andaccurately described above by proper shipping name and are classified, packed, marked andlabeled, and are in all respects in proper condition for transport by highway according to theapplicable international and government regulations.

__________________________ ______________________________ _____________Printed name and title Signature Date

X. Transporter #1 (Acknowledgement of receipt of materials)

__________________________ ______________________________ _____________Printed name and title Signature DateAddress:

Tran

spor

ter

XI. Transporter #2 (Acknowledgment of receipt of materials)

__________________________ ______________________________ _____________Printed name and title Signature DateAddress:

XII. Indicate any discrepancies here:

Disp

osal

Site

XIII. Waste disposal site owner or operator: Certification of receipt of asbestos materials covered bythis manifest except as noted in items XII.

__________________________ ______________________________ _____________Printed name and title Signature Date

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