Section 329IAC10-8.2-4. Regulated asbestos-containing materials Version b

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

   (a) Regulated asbestos-containing materials, except for Category II nonfriable asbestos-containing materials regulated under subsection (b), must be managed in accordance with the rules of the board at 326 IAC 14-10, 40 CFR 61, Subpart M, revised as of February 12, 1999, and the following:

(1) The generator shall provide the solid waste land disposal facility with sufficient notice in advance of the disposal such that the facility may prepare to accept the regulated asbestos-containing material.

(2) All regulated asbestos-containing material must be handled in accordance with the wetting, packaging, and labeling provisions of 40 CFR 61.145(c), revised as of January 16, 1991, and 40 CFR 61.150(a), revised as of January 16, 1991.

(3) Each load of regulated asbestos-containing material must be accompanied by a waste shipment record prepared on one (1) of the following:

(A) A form provided by the department.

(B) A form produced by the generator that includes all the information included on the form provided by the department.

(4) All regulated asbestos-containing material must be disposed of in accordance with the provisions of the following:

(A) 40 CFR 61.154, revised as of January 16, 1991.

(B) The rules of the board at 326 IAC 14-10.

(C) The following:

(i) There must not be direct physical contact between regulated asbestos-containing material and heavy equipment during disposal and covering operations.

(ii) All regulated asbestos-containing material must be covered with soil, approved alternative material, or solid waste before compaction with heavy equipment or within twenty-four (24) hours of receipt of the waste to prevent airborne release.

(iii) Any regulated asbestos-containing material that is improperly packaged or in which packaging has been damaged must be placed in the working face of the MSWLF unit or non-MSWLF unit and covered immediately after placement of the waste.

(iv) A certified operator shall be present at the MSWLF unit or non-MSWLF unit during all handling and disposal of regulated asbestos-containing material to ensure compliance with this subsection. The certified operator shall be certified in accordance with the rules of the board at 329 IAC 12.

(v) All personnel involved in off-loading or in covering shall use appropriate personal protective equipment as necessary to prevent exposure to any airborne release of asbestos fibers during disposal operations.

(vi) The solid waste land disposal facility must have a written contingency plan to safely control torn and broken containers. Dedicated equipment and supplies must be maintained at the facility to properly handle spilled or improperly packaged or wetted regulated asbestos-containing material. If release of asbestos-containing waste materials occurs, the solid waste land disposal facility must take immediate corrective action directed by the certified operator.

  (b) Category II nonfriable asbestos-containing material, as defined in 40 CFR 61.141, revised as of June 19, 1995, that has not been made friable by forces reasonably expected to act on the material before disposal must be managed in accordance with the following:

(1) Subsection (a)(1).

(2) Subsection (a)(3).

(3) Subsection (a)(4).

(4) Label the containers or wrapped materials using warning labels that meet the requirements of 29 CFR 1910.1001(j)(4), revised as of January 8, 1998, and include the information in the following figure:

	DANGER
	CONTAINS ASBESTOS FIBERS
	AVOID CREATING DUST
	CANCER AND LUNG DISEASE HAZARD

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

  (c) 29 CFR 1910 and 40 CFR 61 are available from the U.S. Government Publishing Office, 732 North Capitol Street NW, Washington, D.C. 20401, or may be viewed at www.gpo.gov. (Solid Waste Management Division; 329 IAC 10-8.2-4; filed Jul 14, 2004, 9:15 a.m.: 27 IR 3962; readopted filed Aug 5, 2010, 10:56 a.m.: 20100825-IR-329100228BFA; readopted filed Jun 6, 2016, 11:52 a.m.: 20160706-IR-329160144BFA; filed Aug 1, 2016, 3:41 p.m.: 20160831-IR-329140111FRA, eff Jan 1, 2017)