PRINTER'S NO. 384
No. 371 Session of 1989
INTRODUCED BY GREENLEAF, CORMAN, ANDREZESKI AND SALVATORE,
FEBRUARY 3, 1989
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 3, 1989
AN ACT
1 Providing for the handling of asbestos-containing waste; and
2 conferring powers and duties on the Department of
3 Environmental Resources.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Asbestos
8 Waste Disposal Act.
9 Section 2. Declaration of policy.
10 The General Assembly finds and declares as follows:
11 (1) Substantial amounts of asbestos materials are being
12 removed from schools and buildings throughout this
13 Commonwealth.
14 (2) Exposure to asbestos fibers and particles in the air
15 has been linked, by reputable medical and scientific
16 authorities, to a significant increase in the incidence of
17 disease, such as asbestosis, bronchogenic carcinoma,
18 mesothelioma and other malignancies.
1 (3) Present storage, containment, transportation and
2 disposal methods of asbestos-containing waste do not meet
3 acceptable standards and, therefore, constitute a potential
4 significant health hazard.
5 (4) The purpose of this act is to provide for the proper
6 storage, containment, transportation and disposal of
7 asbestos-containing waste to ensure that exposure to asbestos
8 fibers is limited or nonexistent.
9 Section 3. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Active waste disposal site." A disposal site other than an
14 inactive site.
15 "Adequately wetted." Sufficiently mixed or coated with water
16 or an aqueous solution to prevent dust emissions.
17 "Asbestos." The asbestiform varieties of serpentinite
18 (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite,
19 anthophyllite and actinolite-tremolite.
20 "Asbestos-containing waste materials." Waste that contains
21 commercial asbestos and is generated by a source subject to 40
22 CFR Part 61, Subpart M. The term includes asbestos mill
23 tailings, asbestos waste from control devices, friable asbestos
24 waste material and bags or containers that previously contained
25 commercial asbestos. As applied to demolition and renovation
26 operations, the term includes only friable asbestos waste and
27 asbestos waste from control devices.
28 "Asbestos material." Asbestos or material containing
29 asbestos.
30 "Asbestos mill." A facility engaged in converting, or in any
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1 intermediate step in converting, asbestos ore into commercial
2 asbestos. Outside storage of asbestos material is not considered
3 a part of the asbestos mill.
4 "Asbestos tailings." Solid waste that contains asbestos and
5 is a product of asbestos mining or milling operations.
6 "Asbestos waste from control devices." Waste material that
7 contains asbestos and is collected by a pollution control
8 device.
9 "Commercial asbestos." Asbestos that is extracted from
10 asbestos ore.
11 "Demolition." The wrecking or taking out of a load-
12 supporting structural member of a facility, together with
13 related handling operations.
14 "Department." The Department of Environmental Resources of
15 the Commonwealth.
16 "Emergency renovation operation." A renovation operation
17 that was not planned but results from a sudden, unexpected
18 event. The term includes operations necessitated by nonroutine
19 failures of equipment.
20 "Fabricating." Processing of a manufactured product that
21 contains commercial asbestos. The term does not include
22 processing at temporary sites for the construction or
23 restoration of facilities.
24 "Facility." An institutional, commercial or industrial
25 structure, installation or building. The term excludes apartment
26 buildings having four or less dwelling units.
27 "Facility component." A pipe, duct, boiler, tank, reactor,
28 turbine or furnace at or in a facility or a structural member of
29 a facility.
30 "Friable asbestos material." Material containing more than
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1 1% asbestos by weight that hand pressure can crumble, pulverize
2 or reduce to powder when dry.
3 "Inactive waste disposal site." A disposal site or portion
4 of it where additional asbestos-containing waste material will
5 not be deposited and where the surface is not disturbed by
6 vehicular traffic.
7 "Manufacturing." The combining of commercial asbestos or, in
8 the case of woven friction products, the combining of textiles
9 containing commercial asbestos, with other material, including
10 commercial asbestos, and the processing of this combination into
11 a product.
12 "Outside air." The air outside buildings and structures.
13 "Particulate asbestos material." Finely divided particles of
14 asbestos material.
15 "Planned renovation operations." A renovation operation, or
16 a number of such operations, in which the amount of friable
17 asbestos material that will be removed or stripped within a
18 given period of time can be predicted. Individual nonscheduled
19 operations are included if a number of such operations can be
20 predicted to occur during a given period of time based on
21 operating experience.
22 "Remove." To take out friable asbestos materials from a
23 facility.
24 "Renovation." Altering one or more facility components. The
25 term does not include operations in which load-supporting
26 structural members are wrecked or taken out.
27 "Roadways." Surfaces on which motor vehicles travel. The
28 term includes highways, roads, streets, parking areas and
29 driveways.
30 "Strip." To take off friable asbestos materials from part of
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1 a facility.
2 "Structural member." A load-supporting member of a facility,
3 such as beams and load-supporting walls, or a nonload-supporting
4 member, such as ceilings and nonload-supporting walls.
5 "Visible emissions." Emissions containing particulate
6 asbestos material that are visually detectable without the aid
7 of instruments. The term does not include condensed uncombined
8 water vapor.
9 Section 4. Storage and containment.
10 (a) General rule.--Friable asbestos containing waste shall
11 either be processed or formed into nonfriable forms, treated
12 with water (wetted), or treated by another method approved by
13 the department.
14 (b) Storage.--After wetting, friable asbestos-containing
15 waste shall be sealed in leak-proof containers while wet.
16 Sealing shall be interpreted as rendering the container
17 sufficiently closed from the outside air as far as storage,
18 transportation and disposal is concerned so that no leak occurs
19 which could cause visible asbestos emission to the outside air.
20 (1) The following two container forms are acceptable for
21 the proper storage of asbestos-containing waste:
22 (i) Multiple leak-proof plastic bags with 12 mils
23 cumulative thickness.
24 (ii) Single/multiple leak-proof plastic bags with
25 six mils cumulative thickness enclosed in a steel or
26 cardboard drum.
27 (2) The containers specified in paragraph (1) shall be
28 labeled. The labels shall be printed in letters of sufficient
29 size and contrast as to be readily visible and legible. They
30 shall bear one of the following warnings:
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1 CAUTION
2 Contains Asbestos
3 Avoid Opening or Breaking Container
4 Breathing Asbestos is Hazardous to Your Health
5 CAUTION
6 Contains Asbestos Fibers
7 Avoid Creating Dust
8 Breathing Asbestos May Cause Serious Bodily Harm
9 (3) The requirements of this subsection are in addition
10 to those required by the Federal Environmental Protection
11 Agency's National Emission Standards for Hazardous Air
12 Pollutants, 40 CFR 61, Subpart M; 25 Pa. Code Ch. 75
13 (relating to solid waste management); and other relevant
14 State or Federal statutes and regulations.
15 (c) Exceptions.--
16 (1) Nonfriable asbestos-containing waste does not
17 require processing treatment or special packaging as long as
18 the waste is not rendered friable at any stage.
19 (2) The department may approve an alternative storage
20 method if the waste quantity or physical form does not lend
21 itself to storage under subsection (b). No visible emissions
22 should occur due to the alternative methods.
23 Section 5. Transportation.
24 (a) General rule.--
25 (1) The asbestos-containing waste material shall be
26 transported in a vehicle without compaction and in a manner
27 which will not create visible emission to the outside air. If
28 asbestos is transported with other waste, it shall be done in
29 such a manner that the asbestos is segregated from the other
30 waste to ensure the safe handling and disposal without the
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1 risk of commingling.
2 (2) The vehicle transporting asbestos-containing waste
3 shall be covered by a tarp in all cases.
4 (3) Friable asbestos shall be removed from demolition
5 waste prior to bulk transportation.
6 (b) Recordkeeping.--
7 (1) Before accepting wastes, a transporter shall
8 determine if the waste is properly wetted and containerized.
9 (2) A transporter shall require a chain-of-custody form
10 signed by the generator. The chain-of-custody form shall
11 include:
12 (i) The name and address of the generator.
13 (ii) The name and address of the pickup site.
14 (iii) The estimated quantity of asbestos-containing
15 waste.
16 (iv) The types of containers used.
17 (v) The destination of the waste.
18 (vi) The signature of the disposal site operator
19 upon delivery at a waste disposal facility.
20 (c) Other law.--The transportation of asbestos containing
21 waste shall conform to the applicable requirements found in 40
22 CFR 61, Subpart M; 25 Pa. Code Ch. 75 (relating to solid waste
23 management); and other relevant State or Federal statutes and
24 regulations.
25 Section 6. Disposal.
26 (a) Selecting disposal site.--Asbestos-containing waste
27 shall be disposed of at a site which has a special permit issued
28 by the department to receive such waste. The department shall
29 specify in the permit the maximum quantity of the asbestos-
30 containing waste which may be received per day and in total.
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1 (b) Receiving asbestos-containing waste.--
2 (1) A disposal site approved for receipt of asbestos-
3 containing waste shall receive notification from the
4 generator that the load contains asbestos.
5 (2) The disposal site operator shall:
6 (i) Inspect the loads to verify that asbestos waste
7 is properly contained in leak-proof containers and
8 labeled appropriately.
9 (ii) Contact the Federal Environmental Protection
10 Agency if the operator believes the asbestos-containing
11 waste is in a condition that may cause significant fiber
12 release during disposal.
13 (iii) After verification that the load is
14 acceptable, sign the chain-of-custody form to release the
15 asbestos-containing waste from the hauler.
16 (c) Waste disposition and covering.--
17 (1) The permitted disposal site shall be required to
18 cover friable asbestos-containing waste immediately upon
19 receipt at the disposal facility.
20 (2) Asbestos-containing waste shall be covered in one of
21 the following ways:
22 (i) With at least six inches of compacted
23 nonasbestos-containing material.
24 (ii) With a resinous or petroleum-based dust
25 suppression agent that effectively binds dust and
26 controls wind erosion. This agent shall be used as
27 recommended for the particular dust suppression agent.
28 Other equally effective dust suppression agents may be
29 used upon prior approval by the Federal Environmental
30 Protection Agency.
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1 (3) No asbestos-containing waste may be allowed to be
2 stored onsite. If the cover requirements cannot be met, no
3 asbestos-containing waste may be accepted at the facility.
4 (4) Asbestos-containing waste shall be deposited into
5 segregated cells. Asbestos-containing waste may not be mixed
6 directly with other wastes. There shall be a separate area of
7 the facility for asbestos-containing waste disposal.
8 (5) Covering asbestos-containing waste shall be
9 accomplished in a manner to ensure that there will be no
10 visible emissions caused by disturbing or puncturing the
11 asbestos-containing waste containers.
12 (6) Final closure of a cell containing asbestos waste
13 shall be as follows:
14 (i) The disposal facility shall cover the cell
15 containing asbestos waste with at least an additional 30
16 inches of compacted nonasbestos material to provide a 36-
17 inch final cover.
18 (ii) To control erosion of the final cover, the area
19 shall be properly graded and vegetated.
20 (d) Controlling public access.--
21 (1) Sites which dispose of asbestos-containing waste
22 shall be required to erect and maintain fencing around the
23 perimeter of the sections of the sites where asbestos-
24 containing waste is deposited. The fencing shall be at least
25 six feet high, and it shall be topped with a barb wire guard
26 to deter public access.
27 (2) Access to the facilities shall be limited to one or
28 two entrances with gates that can be locked if left
29 unattended.
30 (3) Warning signs shall be displayed at all entrances
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1 and at intervals of 330 feet or less along the property line
2 at the site. The warning signs shall:
3 (i) Be posted in such a manner and location that a
4 person can easily read the legend.
5 (ii) Conform to the requirements of 51-cm. x 36-cm.
6 (20" x 14") upright formal signs specified in 29 CFR
7 1910.145(d)(4).
8 (iii) Display the following legend in the lower
9 panel with letter sizes and styles of a visibility at
10 least equal to those specified in this subparagraph.
11 Legend Size
12 Asbestos Waste 2.5 cm. (1 inch) Sans
13 Disposal Site Serif, Gothic or Block
14 Do Not Create Dust 1.9 cm. (3/4 inch) Sans
15 Serif, Gothic or Block
16 Breathing Asbestos 14 Point Gothic
17 is Hazardous to
18 Your Health
19 (e) Conveyance of disposal site property.--The grantor, in a
20 deed for the conveyance of property in which asbestos-containing
21 waste is presently being disposed, property which has ever been
22 used for the disposal of asbestos by the grantor or property
23 which to the grantor's actual knowledge has been used for
24 asbestos disposal shall include in the property description
25 section of the deed an acknowledgment of asbestos-containing
26 waste disposal and a notice warning against excavation of the
27 disposal site. The acknowledgment shall include, but not be
28 limited to, to the extent the information is available, the
29 surface area size and tract location of the disposed waste.
30 These requirements shall be made part of the deed for future
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1 conveyances or transfers of the subject property. The warranty
2 in the deed shall not be applicable to the surface area size and
3 exact location of the disposed asbestos-containing waste.
4 (f) Other law.--The disposal of asbestos-containing waste
5 shall conform to the applicable requirements found in 40 CFR 61,
6 Subpart M, and other relevant State or Federal statutes and
7 regulations.
8 Section 7. Demolition.
9 (a) General rule.--Removable asbestos concentrations shall
10 be removed from the buildings or demolition wastes before
11 storage, transportation and disposal at demolition waste sites.
12 (b) Exception.--A variance to subsection (a) may be
13 considered if the asbestos concentrations involved are
14 nonfriable or are in such small quantity that the removal is
15 either impractical or unnecessary.
16 Section 8. Applicability of Federal and State laws and
17 regulations.
18 If the requirements of this act conflict with Federal or
19 State statutes and regulations, the requirements of this act
20 shall apply if they are not less restrictive than Federal
21 statutes and regulations.
22 Section 9. Disapproval.
23 The department may disapprove or rescind a prior approval if
24 any of the following applies:
25 (1) The requirements of this act are not met.
26 (2) Waste characteristics are different from those
27 provided in submitted documents.
28 (3) Waste is handled in an environmentally unsound
29 manner.
30 (4) Waste disposal, alone or in conjunction with other
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1 waste, would create a nuisance, harm or hazard to the public
2 or the environment.
3 (5) Conditions of the request by the applicant or the
4 approval by the department conflict with the act of July 7,
5 1980 (P.L.380, No.97), known as the Solid Waste Management
6 Act, or relevant Federal regulations.
7 Section 10. Effective date.
8 This act shall take effect in 60 days.
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