Reporting and Record Keeping Requirements for Waste Disposal
This is a guide to help you comply with the new reporting and record keeping requirements of the asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP). The specific responsibilities of waste generators, transporters and waste disposal site operators are addressed, as well as detailed explanations of how to complete the new forms accurately and efficiently. This field guide is organized into four main sections as follows:
Waste Shipment Record
Record keeping Requirements
Source Reporting Requirements for Disposal Site Operators
I. WASTE SHIPMENT RECORD
After (the effective date of this rule), all shipments of asbestos-containing waste material must be accompanied by a Waste Shipment Record (WSR) similar to the sample shown in Figure 1. When it is signed by the generator, the transporter and the waste disposal site operator, the WSR documents the movement and ultimate disposition of asbestos waste. The WSR consists of three parts and requires three signatures, those of the generator, the transporter and the disposal site operator.
A. Waste Generator
Waste generator means any owner or operator of a source covered by this rule whose activities produce asbestos-containing waste materials. Included are asbestos mills, manufacturers, fabricators, demolitions, renovations and spraying operations [40 CFR 61.149 and 150]. Generators are responsible for filling out Items 1-9 of the WSR. The original should be turned over to the transporter along with the waste shipment, although the generator should retain a copy of the WSR signed by the transporter acknowledging receipt of the waste shipment (Item 10) for his records.
Directions for filling out the WSR form are found in Figure 1. Items 1-4 and 6 provide important reference information. In Item 5, Category I non-friable materials (asbestos-containing packings, gaskets, resilient floor covering and asphalt roofing products) should be considered non-friable if they have not been sanded, ground, burned, or abraded; and Category II materials such as asbestos-cement products taken out before demolition may be reported as non-friable also.
Item 7 asks for the quantity of waste in cubic meters or cubic yards. You may report in the units that you are most comfortable using, but you are expected to make a good faith effort to report correctly. Some helpful conversion factor are provided below:
Drums and barrels used as asbestos-waste containers are typically of 35 gallons capacity. Gallons can be converted to cubic yards by multiplying gallons by 0.00379. In our example, 35 gallons x 0.00379 = 0.133 cubic yards for the volume of a drum or barrel.
Plastic bags have a nominal volume of 0.1 cubic yards, but when they contain asbestos waste their volume is assumed to be about 0.075 cubic yards.
Cubic yards can be changed to cubic meters by multiplying cubic yards by 0.765. The drum for which we calculated a volume of 0.133 cubic yards would have a volume of 0.133 x 0.765 = 0.102 cubic meters.
Follow the instructions given in Figure 1 to complete Items 8 and 9. When you turn the waste over to the transporter, require the transporter to acknowledge receipt of the asbestos waste by signing the WSR at Item 10: retain a copy of the WSR signed by the transporter for your files.
At the time that you take possession of the load of waste, ask the generator for a WSR. Acknowledge receipt of the asbestos waste by signing the WSR at Item 10; return a copy of it to the generator. If you turn the shipment over to a second transporter require him to acknowledge receipt of the shipment by signing the WSR at Item 11. It is recommended that you retain a copy of the signed document for your files when you surrender the WSR to a second transporter. The transporter who delivers the waste shipment to the waste disposal site should surrender the WSR to the disposal site operator. It is recommended that you keep a copy of the WSR signed by the disposal site operator for your files as a matter of good business practice.
C. Waste Disposal Site Operator
Waste disposal site operators are not expected to open bags or other containers to verify that the material is asbestos: if a WSR accompanies the shipment, that is sufficient verification. You must complete Items 12 and 13 of the WSR according to the instructions in Figure 1 and send a copyof the WSR according to the name and address listed in Item 2 of the WSR. The disposal site operator should check to see that the numbers of containers reported in WSR Item 6 and the quantities reported in WSR Item 7 appear to be correct. Any discrepancy should be noted in Item 12.
If the WSR indicates a truckload of asbestos waste, ask the driver if he knows the truck's cargo capacity. If he cannot tell you the capacity, estimate it by multiplying the length by the width by the height of the cargo compartment (all in feet) and divide by 27 cubic feet to obtain cubic yards. If you know the capacity of a truck--say 20 cubic yards--and you judge it to be half-full, estimate the load as 10 cubic yards.
Item 12 is also used to note improperly enclosed or uncovered waste.
II. REPORTING REQUIREMENTS
The revised NESHAP now includes reporting requirements for generators and waste disposal site operators. Generators are required to submit exception reports if they do not receive a copy of the WSR signed by the disposal site owner or operator within 45 days of the date the shipment was accepted by the first transporter. Disposal site operators must file reports of discrepancies between the quantities of waste indicated on the WSR and the quantities actually received, as well as reports of improperly enclosed or uncovered waste.
A. Exception Report
If you as a generator of a shipment of asbestos waste do not receive a copy of the WSR signed by the disposal site operator within 35 days after you turned the waste over to the first transporter, you must take steps to locate the waste shipment.
First, contact the transporter and verify the fact that the waste was delivered to the waste disposal site specified in Item 3 of the WSR. If the transporter has not delivered the shipment, determine the reason for the delay, and when it will be delivered. If the transporter has delivered the waste to the specified waste disposal site, inquire if a copy of the WSR signed by the disposal site operator can be made available to you. (The transporter is not required to obtain or keep a copy signed by the disposal site operator: however, some may do so as a matter of good business practice.) Next contact the disposal site operator and determine why you have not received a copy of the WSR signed by him. Request that the disposal site operator send a signed copy of the WSR to you immediately.
If you have not received a signed WSR from the disposal site operator within 45 days after you turned the waste over to the initial transporter, you must submit a written exception report to the responsible NESHAP program agency (see Appendix A for a list of agencies and their jurisdictions). The report should include a copy of the WSR in question as well as a cover letter that explains what you have done to locate the shipment, and the results of your search.
B. Discrepancy Report
As a waste disposal site operator, you will be checking the WSR that accompanies each asbestos waste shipment that arrives at your site to make sure that the information on the WSR accurately describes the waste shipment. If you see that there is a discrepancy between the number of containers shown on the WSR and the number that you count in the truck you should note this in Item 12 of the WSR and contact the generator to determine if there is a reasonable explanation for the discrepancy. If you are able to reconcile the apparent discrepancy, make a note of it on the WSR and forward it to the generator as you would normally do.
If you are unable to resolve the discrepancy within 15 days of accepting the waste, you must send a written discrepancy report immediately to the responsible agency in whose jurisdiction the generator of the waste is located. The discrepancy report should describe the discrepancy in question and the steps you have taken to obtain an explanation for it, such as how and when you attempted to reach the generator. A copy of the shipment's WSR must accompany the discrepancy report.
C. Report of Improperly Enclosed or Uncovered Waste
Disposal site operators will check asbestos waste shipments arriving at their sites and are expected to look for significant amounts of improperly enclosed or uncovered waste before the material is disposed of. If significant amounts of improperly enclosed or uncovered waste are discovered in a shipment (see discussion under WSR), note it in Item 12 of the WSR and send, by the following working day, a written report of the problem to the specific agency responsible for administering the NESHAP program for the jurisdiction where the job site is located (identified on the WSR). If the disposal site is located in a different jurisdiction than the job site, you should also send a copy of the WSR to the agency responsible for the disposal site. The written report should describe the improperly enclosed or uncovered waste in sufficient detail that the responsible agency can determine the urgency of the situation and what action to take. A copy of the WSR must be submitted along with the written report.
III. RECORD KEEPING REQUIREMENTS
New requirements for record keeping are set for waste generators and waste disposal sites. Generators must keep copies of all WSR's for at least 2 years. In addition to keeping WSR's for at least 2 years, active waste disposal sites must also keep records of the asbestos-containing waste material located within the site.
A. Waste Generator
As a waste generator, you must retain copies of all WSR's, including WSR's signed by the owner or operator of the waste disposal site where the waste was deposited for at least 2 years. The WSR's should be kept in chronological order in a secure, water-tight file. You are expected to provide copies of WSR's upon request of the responsible agency and to make the WSR file available for inspection during normal business hours.
B. Active Waste Disposal Site Operator
You, the waste disposal site operator, are required to keep copies of WSR's that you have received for at least 2 years. The WSR's should be kept in chronological order in a secure, water-tight file. You are expected, further, to provide copies of WSR's upon request of the responsible agency and to make the WSR file available for inspection during normal business hours.
Another new requirement is that you now must maintain up-to-date records that indicate the location, depth and area, and quantity of asbestos containing waste material within the disposal site on a map or diagram of the disposal area.
You have the option of either restricting the asbestos waste to specified areas within the disposal site or depositing it throughout the site. In making this decision you should consider the future use of the property after the disposal site has been closed. By restricting the area where asbestos waste is deposited you will be able to preserve more of the property for future use. However, if you choose to deposit asbestos waste throughout the site, the responsible agency would consider that the entire disposal area contains asbestos.
When you open a new trench (or area) for asbestos waste disposal, place stakes in the ground at the corners of the trench. Take precautions to see that the stakes are kept where they are originally positioned and are not broken during the time that the trench is being filled. When you have filled the trench, call in a land surveyor. The surveyor will use the stakes to determine the location of the asbestos deposit within the disposal site. Ask the surveyor to prepare a map or diagram of the disposal site that shows the location(s) and surface dimensions of the asbestos deposit.
Before beginning to fill a new trench with asbestos waste, measure the maximum depth of the trench, record it, and save it to put on the map provided by the surveyor. Use the data provided in Item 7 of the WSR's to obtain the quantity of asbestos-containing waste material. Add up the cubic yards (cubic meters) of waste indicated on the WSR's for all of the asbestos waste shipments that are deposited in the trench up until the time that it is full and is closed. Also, put the total quantity of asbestos-waste deposited at the site on the map provided by the surveyor. The map should be kept current until the time that the waste disposal site is closed. At closure you must submit a copy of records of asbestos waste disposal locations and quantities to the agency responsible for administering the NESHAP program in your area. The surveyor's map or diagram of the disposal site with the location and surface dimensions of the asbestos deposit(s), maximum depth of the deposit(s) and asbestos waste quantities fulfills this requirement and should be submitted to the Administrator.
See Figure 2 for an example of a map.
Within 60 days of closing your waste disposal site you must record on the deed to the waste disposal site the following information:
The land has been used for the disposal of asbestos-containing waste material,
The survey plot and record of the location and quantity of asbestos containing waste disposed of within the disposal site have been filed with (name of responsible agency).
The site is subject to 40 CFR 61 Subpart M.
In some states, a Notation of Deed form can be used to add this information to a deed, while in others it may be easier to prepare a new deed than it is to annotate an existing deed. You should contact the Register of Deeds at the county seat of the county in which your disposal site is located to learn the rules that cover deeds and for instructions on how to proceed.
IV. SOURCE REPORTING REQUIREMENTS FOR DISPOSAL SITE OPERATORS
Another new requirement is that, within 90 days of the effective date of this rule, you are required to report certain information about your asbestos waste disposal operations to the responsible asbestos NESHAP program agency (see Appendix A for a list of agencies). Section 61.153 of the asbestos NESHAP requires that you report the following information:
A brief description of the waste disposal site, which would include such information as the location and size of the disposal facility.
A description of the method or methods that will be used to comply with the asbestos NESHAP, or a description of alternative methods that will be used. Methods to be used, such as covering asbestos waste daily with 6 inches of non-asbestos cover or the use of dust suppressants should be reported. Other information that might be reported includes procedures to prevent public access to the asbestos waste disposal area, such as the use of warning signs and fencing. You must report this information using the format in Appendix A of Part 61 of Title 40 of the Code of Federal Regulations (40 CFR).
In addition to the information listed above, you as the waste disposal site operator, must also report the following information required by the source reporting requirements of Section 61.10 of Subpart, Part 61 of 40 CFR.
Name and address of the owner or operator.
The location of the source.
The type of hazardous pollutants emitted by the stationary source.
A brief description of the nature, size, design, and method of operation of the stationary source including the operating design capacity of the source. Identify each point of emission for asbestos.
The average weight per month of asbestos being processed by the source over the last 12 months preceding the date of the report.
If there is a change in any of the information listed above, you must report the changes to the appropriate agency within 30 days after they occur.