The information outlined herein is intended to serve
only as guidance to persons interested in understanding the regulation of
asbestos disposal in New Jersey. This guidance must be consulted in
conjunction with the solid waste regulations at N.J.A.C. 7:26 et seq.
and other relevant regulations to understand the complete requirements for disposal
of asbestos containing materials. For the reader's convenience, an unofficial
version of N.J.A.C. 7:26 et seq. can be found using the "NJ
Regulations" selection on the Department's Solid and Hazardous Waste
Management Program's web page at http://www.state.nj.us./dep/dshw
or directly by using the Web link http://www.state.nj.us./dep/dshw/resource/rules.htm
.
This guidance document summarizes the New Jersey
Department of Environmental Protection's (Department) regulations N.J.A.C.
7:26-1 et seq. pertaining to the generator and transporter requirements for
the management, transportation and disposal of asbestos-containing material
(ACM). The guidance document is intended only as a guide to the regulations
to help the reader understand the regulations and does not replace the
regulations in any context.
Regulatory Agency Overview
The following is an overview of regulation of ACM and
regulated ACM (RACM) among various State and Federal agencies:
The Department regulates only the management,
transportation and disposal of ACM. In concert with county health
departments, the Department investigates reports of unregistered transporters
and illegal disposal.
The Department of Labor (DOL), Asbestos Control and
Licensing Section, licenses asbestos abatement contractors and issues
performance permit identification cards to abatement workers and supervisors
employed by those contractors. In the effort to protect public health and
safety, DOL enforces the Asbestos Control and Licensing Act (N.J.S.A.
34:5A-32 et seq.) by conducting inspections involving the abatement of
friable and nonfriable asbestos containing materials in ALL private, public,
commercial and residential buildings in New Jersey, including those asbestos
projects performed in schools and public buildings under the Asbestos Hazard
Abatement Sub-Code. DOL investigates illegal or improper abatements in any
type of building, and routinely inspects the work of licensed contractors and
their employees. DOL may be reached at telephone number (609) 633-2159. DOL's
fax number is (609) 633-0664.
The Department of Community Affairs (DCA),
Asbestos/Lead Unit certifies asbestos safety technicians and authorizes
asbestos safety control monitoring firms; provides information on methods of
asbestos remediation for projects under the jurisdiction of N.J.A.C.
5:23-8 (educational facilities, public buildings, daycare center or nursery.)
DCA enforces the provisions of the Asbestos Hazard Abatement Sub-Code
pertaining to schools and public buildings. DCA investigates complaints and
routinely inspects the work of monitors. DCA may be reached at telephone
number (609) 633-6224. DCA' s fax number is (609) 633-1040.
The Department of Health (DOH) is the lead agency for
asbestos and environmental health information, administers the Asbestos
Hazard Emergency Response Act (AHERA), provides site audits and Quality
Assurance/Quality Control program for asbestos abatement in schools. DOH also
provides training and accreditation for asbestos training providers and
conducts studies to evaluate asbestos abatement and management methods. DOH
may be reached at telephone number (609) 826-4950 and the DOH fax number is
(609) 826-4975.
The United States Environmental Protection Agency
(USEPA) enforces the AHERA and the National Emission Standards for Hazardous
Air Pollutants (NESHAP), and regulates ACM abatements in residences of more
than 4 units, commercial buildings and Federal facilities. USEPA may be
reached at telephone number (212) 637-4080 and USEPA's fax number is (212)
637-3998.
Definitions of Terms
The following definitions of terms used in this
guidance document are associated with ACM and are taken from New Jersey's
Solid Waste Regulations at N.J.A.C. 7:26-1.4; and the Asbestos
Licenses and Permits Regulations at N.J.A.C. 8:60 et seq.:
Asbestos - means the asbestiform varieties of
serpentinite (chrysotile), riebecktie (crocidolite), cummingtonite-grunerite,
anthophyllite, and actinolite-tremolite.
Asbestos-containing Material (ACM) - means any
material containing more than one percent asbestos which has been applied on
any ceiling, wall, duct, boiler, tank, pipe, structural member, or on any
other part of a building or equipment. (N.J.A.C. 8:60-2.1)
Asbestos-containing Waste Materials (ACWM) -
means mill tailings or any waste that contains commercial asbestos and is
generated by a source subject to the provisions of 40 C.F.R. 61.140. This
term includes filters from control devices, friable asbestos waste material,
and bags or other similar packaging contaminated with commercial asbestos. As
applied to demolition and renovation operations, this term also includes
regulated asbestos-containing material waste and materials contaminated with
asbestos including disposable equipment and clothing.
Category I Nonfriable Asbestos-containing Material
- means asbestos containing packings, gaskets, resilient floor covering
(vinyl, asbestos tile (VAT), and asphalt roofing products containing more
than one percent asbestos as determined using methods specified in appendix
A, subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy.
Category II Nonfriable Asbestos-containing Material
- means any material, excluding Category I nonfriable asbestos-containing
material, containing more than one percent asbestos as determined using
methods specified in appendix A, subpart F, 40 C.F.R. Part 763, Section 1,
Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or
reduced to powder by hand pressure.
ID 13C Construction and Demolition Solid Waste
- means waste building material and rubble resulting from construction,
remodeling, repair, and demolition operations on houses, commercial
buildings, pavements and other structures, but not including other solid
waste types.
ID 27A Solid Waste - means waste material
consisting of asbestos or asbestos-containing waste.
Friable Asbestos Material - means any material
containing more than one percent asbestos as determined using methods
specified in appendix A, subpart F, 40 C.F.R. Part 763, Section 1, Polarized
Light Microscopy (PLM) that, when dry, can be crumbled, pulverized, or
reduced to powder by hand pressure. If the asbestos content is less than 10
percent as determined by a method other than point counting by PLM, the
asbestos content shall be verified by point counting using PLM.
Nonfriable Asbestos-containing Material - means
any material containing more than one percent asbestos as determined using
methods specified in appendix A, subpart F, 40 C.F.R. Part 763, Section 1,
Polarized Light Microscopy (PLM) that, when dry, cannot be crumbled,
pulverized, or reduced to powder by hand pressure.
Regulated Asbestos-containing Material (RACM) -
means friable asbestos material, Category I nonfriable asbestos-containing
material that has become friable, Category I nonfriable asbestos-containing
material that will be or has been subjected to sanding, grinding, cutting, or
abrading, or Category II nonfriable asbestos-containing material that has a
high probability of becoming or has become crumbled, pulverized, or reduced
to powder by the forces expected to act on the material in the course of
demolition or renovation operations.
Resilient Floor Covering - means
asbestos-containing floor tile, including asphalt and vinyl floor tile, and
sheet vinyl floor covering containing more than one percent asbestos as
determined using polarized light microscopy according to the method specified
in Appendix A, Subpart F, 40 C.F.R. part 763, section 1, Polarized Light
Microscopy.
Material with Less than 1 % Asbestos Content and
Category I Waste Material
If the waste is removed from a residential building
(four or less dwelling units) or a commercial facility building and contains
less than 1% asbestos as determined by Appendix A, Subpart F, 40 C.F.R. Part
763, Section 1, Polarized Light Microscopy, the waste is not regulated under
USEPA's National Emissions Standards for Hazardous Air Pollutants (NESHAP)
for asbestos. This waste material in New Jersey must be mannaged and disposed
of as ID 13C, Construction and Demolition Waste as defined at N.J.A.C.
7:26-2.13(g)iv.
Prudent guidance for handling any wastes suspected
or known to contain any form or amount of asbestos is to maintain the wastes
in a fully wetted condition at all times until the waste is safely packaged
and disposed of at a permitted disposal facility.
Material Containing Greater than 1 % Asbestos but is not NJDEP
Regulated ACM
If the ACM being removed contains 1% or more of asbestos
and is from a residential building or commercial facility and is a Category I
nonfriable asbestos material that is not in poor condition and is not
friable, this waste may be managed and disposed of as either ID 13C,
construction and demolition debris or ID 27A solid waste in New Jersey.
According to the USEPA, this is based on the fact that Category I nonfriable
asbestos materials, which are asbestos-containing resilient floor covering,
asphalt roofing products, packing and gaskets rarely become friable if
handled responsibly. Generally these materials do not release significant
amounts of asbestos fibers, even when damaged. However, during the demolition
activity, the waste must be handled in a responsible manner which will not
cause the Category I nonfriable material to become friable and become a
regulated asbestos-containing material (RACM).
ACWM that contains 1% or more of asbestos as
determined by Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized
Light Microscopy, and is from either a residential or commercial building
shall be managed and disposed of as ID 27A waste as defined at N.J.A.C.
7:26-2.13(g)viii in New Jersey.
ACWM being removed from a residential building having
four or fewer dwelling units would not meet the definition of a facility in
accordance with 40 C.F.R. 61.141, and therefore, is excluded from NESHAP
regulations, but the material is still required to be managed and disposed of
as ID 27A waste in New Jersey.
Prudent guidance for handling any wastes suspected
or known to contain any form or amount of asbestos is to maintain the wastes
in a fully wetted condition at all times until the waste is safely packaged
and disposed of at a permitted disposal facility.
NJDEP Regulated Asbestos-containing Material
(RACM)
If the material cannot retain the classification as a
Category I or II nonfriable ACM and is classified as RACM and is greater than
260 linear feet or 160 square feet on other facility components or greater
than 35 cubic feet of facility components where the length or area could not
be measured prior to stripping, removal, dislodging, cutting, or drilling,
the generator is required to submit written notification as outlined in the
following section at least 10 days prior to beginning the renovation activity
and comply with the disposal requirements of RACM in accordance with N.J.A.C.
7:26-2.12, including management and disposal at a permitted solid waste
facility as ID 27A solid waste in New Jersey. The generator shall follow the
requirements of 40 C.F.R. 61.145(c) in removing RACM from the facility to
control asbestos emissions. These procedures include adequately wetting all
RACM exposed during removal and ensuring that it remains wet until collected
and is sealed in leak-tight containers or leak-tight wrapping and labeled as
specified by Occupational Safety and Health Standards of the U.S. Department
of Labor, Occupational Safety and Health Administration (OSHA) in preparation
for disposal in accordance with 40 C.F.R. 61.150.
Notification Requirements
Generators of RACM shall submit a written notification
of intention to demolish in accordance with 40 CFR 61.145 to 61.155 and N.J.A.C.
7:26-2.12 to the addresses below (excluding residential buildings having four
or fewer dwelling units) at least 10 days prior to beginning the demolition
activity.
Generators of RACM shall submit a written notification
to renovate in accordance with N.J.A.C. 7:26-2.12 to the addresses
below (excluding residential buildings having four or fewer dwelling units)
at least 10 days prior to beginning the renovation activity unless the
combined amounts of RACM to be stripped, removed, dislodged, cut, drilled or
similarly disturbed is less 260 linear feet or 160 square feet on other
facility components or less than 35 cubic feet of facility components where
the length or area could not be measured prior to stripping, removal,
dislodging, cutting, or drilling.
The required 10-day notifications shall be submitted
to the following offices:
United States Environmental Protection Agency- Region
2
Division of Enforcement and Compliance Assistance-Air Compliance Branch
(DECA-ACB)
290 Broadway -21st Floor
New York, NY 10007-1866
Fax Number (212) 637-3998
Phone Number (212) 637-4080
Pursuant to DCA' s regulation N.J.A.C. 5:23-8,
a 10-day notification for any Subchapter 8 project shall be submitted to the
DCA at the following address:
Department of Community Affairs
Division of Codes and Standards
Asbestos/Lead Unit
101 South Broad Street
P.O. Box 816
Trenton, NJ 08625-0816
Fax Number (609) 633-1040
Phone Number (609) 633-6224
Pursuant to DOL' s regulation N.J.A.C.
12:120-7.2, a 10-day notification for any project over 3 linear feet or 3
square feet involving friable and nonfriable ACM shall be submitted to the
DOL at the following address:
Department of Labor
Division of Public Safety & Occupational Safety & Health
Asbestos Control & Licensing Section
P.O. Box 949
Trenton, NJ 08625-0949
Fax Number (609) 633-0664
Phone Number (609) 633-2159
Pursuant to DOH's regulation N.J.A.C. 8:60-7.2, a 10-day notification
for asbestos abatement shall be submitted to the DOH at the following
address:
New Jersey Department of Health
Indoor Environments Program
Consumer and Environmental Health Services
P. O. Box 369
Trenton, NJ 08625-0369
Fax Number (609) 826-4975
Phone Number (609) 826-4950
Disposal Requirements for Demolition and
Renovation Activities
In accordance with 40 C.F.R. 61.150, the disposal
requirements of major sources of ACM include restrictions on visible
emissions, provisions for wetting the ACM, packaging, sealing, labeling,
record keeping, and reporting. The requirements of 40 C.F.R. 61.150(a) which
address the discharge of visible emissions as applied to demolition and
renovation do not apply to Category I nonfriable ACM waste and Category II
nonfriable ACM waste that did not become crumbled, pulverized, or reduced to
powder. All ACM material shall be disposed of as soon as practical in
accordance with 40 C.F.R. 61.150(b) except for Category I nonfriable ACM that
is not RACM.
In cases where ACM is produced in quantities below
that referenced at 40 C.F.R. 61.145(a), that is if the combined amounts of
RACM to be stripped, removed, dislodged, cut, drilled or similarly disturbed
is less 260 linear feet or 160 square feet on other facility components or less
than 35 cubic feet of facility components where the length or area could not
be measured prior to stripping, removal, dislodging, cutting, or drilling or
from residential buildings having four or fewer dwelling units, the
Department recommends the generator contact the county health department and/
or district waste management officials or the local township to determine
if local restrictions exist and to what extent they would apply to the
generator's activities. The generator should wet all friable ACM, bag or
other similarly containing material (poly-wrapping) of the ACM for curbside
pick-up or direct delivery to an authorized landfill by a registered
transporter. If the ACM is impossible to bag due to its size or shape, the
Department suggests the wetting of the ACM (if friable) and placed in a lined
(at least 6 mil thick liner) and sealed bulk container for transport for
disposal.
It is recommended that when entering into a contract
with a licensed asbestos contractor for any demolition or renovation activity,
the generator (owner/operator of the site) should assess and fully
investigate the transportation and disposal responsibilities of the ACM
before any generation of ACM is started at the site.
Management of Abandoned-in-place Asbestos Cement
Pipe
The management of abandoned-in-place asbestos-cement
pipe (ACP) should adhere to the following regulations and guidelines:
1. Operations involving demolition or renovation
activities of ACP, such as crushing ACP in place, are regulated under the
United States Environmental Protection Agency's (USEPA) rules defining the
Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP)
found at 40 CFR Part 61 Subpart M and the USEPA Applicability Determination
Detail Control Number: C99 dated July 17, 1991, from John B. Rasnic for
guidance with compliance to 40 CFR Part 61).
2. All abandoned-in-place ACP shall be placed and
maintained at a minimum of six feet below final grade.
3. A deed notice must be filed, detailing the risks of
exposure and responsible party contact information, with the USEPA, the
county and this office.
The intent in having such a documentation requirement is to ensure that the
existence of the abandoned ACP is known, to both future property owners and
those who may conduct activity that could disturb the abandoned ACP. In cases
where the ACP being replaced runs under a public right-of-way, such as a
street, sidewalk or other public use, the following steps should be used to
ensure adequate notification:
1. Determine if the right-of-way in question has
designated lot and blocks. If a lot and block designation does exist, then
normal deed notice procedure, detailing the risks of exposure and responsible
party contact information, can then be followed.
2. If no lot and block designation exists, then:
a) Written notice shall be provided to the agency
(Federal, state, county or municipal) responsible for oversight of the given
right-of-way, and this office.
b) This notice should outline the exposure risks associated with disturbance
of the abandoned-in-place ACP.
c) Include the name, address and business telephone number of the
person/agency responsible for oversight of the repair project.
Regardless of the type of notice required, the agency
or company that owns or is responsible for the pipe that is being repaired
should ensure that the extent of abandoned-in-place ACP is identified on the
electronic and/or hard-copy map of the pipe system used by the agency or
company. The mapping should conform to the New Jersey Department of Transportation
(NJDOT) specifications for Right-of-Way Plans found in the NJDOT CADD
Standards Manual.
Pursuant to State law, all persons planning to perform excavation activities
must ascertain the location of all underground utilities in the excavation
area by contacting the relevant utility agencies. It is important that this
information concerning the abandoned-in-place ACP is available to any persons
who may perform any future excavation in the area. By ensuring that detailed
information regarding the location of the ACP debris and the need for
avoiding disturbance of this material is available, an uncontrolled release
incident can be prevented. The party abandoning the ACP in place is
responsible for maintaining the six-foot depth of coverage of the ACP.
Transportation of Asbestos and ACM
The transportation of asbestos and ACM in New Jersey
shall be in accordance with N.J.A.C. 7:26-3.5(d) and the following:
1. Registered New Jersey solid waste vehicles are
required for the transportation of ACM and any solid waste containing
asbestos. All vehicles shall be designed to prevent any spillage or leakage
or emissions.
2. No transporter shall transport asbestos and/or ACM
unless such waste is properly packaged in accordance with 40 C.F.R. 61.150.
3. The asbestos or ACM shall be transported in a
manner that prevents the rupture of the asbestos containers in loading,
transport, and unloading operations.
4. Once collected, asbestos and/or ACM shall be
transported directly from the point of generation to the solid waste landfill
or transfer station permitted to receive such wastes.
5. There shall be no visible air emissions during
loading, transporting, or unloading operations.
If an individual waste generator has properly packaged
ACM for disposal, no matter how small the quantity, and is refused curbside
pick-up by the local township, the individual may make arrangements for the
disposal of the waste at an authorized landfill by contacting the landfill
directly. The individuals may elect to transport their own material to an
authorized landfill for disposal in accordance with N.J.A.C.
7:26-3.3(a)2 in a vehicle registered with the New Jersey Division of Motor
Vehicles as having a maximum gross vehicle weight of 9,000 pounds for a
single vehicle or 16,000 pounds combined maximum gross vehicle weight for a
vehicle pulling a trailer.
NJDEP-approved Operating Commercial Sanitary Landfills
The following landfills are approved operating
commercial landfills authorized to accept solid waste type ID27A asbestos or
asbestos containing waste:
Facility Name
|
Address
|
Telephone Number
|
Atlantic County Utilities Authority
|
6700 Delilah Road,
Egg Harbor Twp.
|
609-272-6950
|
Cape May County MUA
|
Kearney Ave & Route 610
Upper Twp. & Woodbine Boro
|
609-465-9026
|
Cumberland County Solid Waste
|
Jesse's Bridge Rd,
Rt. 636
Complex Deerfield Twp.
|
856-825-3700
|
Gloucester County Solid Waste Complex
|
Swedesboro-Monroeville Rd.
South Harrison Twp.
|
856-478-6045
|
Middlesex County Sanitary Landfill
|
Edgeboro Rd.
East Brunswick
|
732-246-4313
|
Monmouth County Reclamation Center
|
Asbury Ave. & Shafto Rd.
Tinton Falls
|
732-922-8686
|
Ocean County Landfill Corp.
|
Route 70 & Route 571
Manchester
|
732-657-5100
|
Salem County Sanitary Landfill
|
Route 540 & McKillp Rd.
Alloway Twp.
|
609-935-7900
|
Sussex County Sanitary Landfill
|
Route 94 & Route 15
Lafayette Twp.
|
973-579-6998
|
This information can also be accessed through the
Department's Web page address listed below.
Licensed Asbestos Contractors
A current list of licensed asbestos contractors can be
obtained by calling DOL's Asbestos Control and Licensing Section at
609-633-2159 or by requesting the list in writing from the unit at the
following address:
Department of Labor
Division of Public Safety & Occupational Safety & Health
Asbestos Control & Licensing Section
P.O. Box 949
Trenton, NJ 08625-0949
Fax Number (609) 633-0664
Authorized Asbestos Safety Control Monitors
A current list of authorized asbestos safety control
monitors can be obtained by calling DCA's Asbestos/Lead Unit at 609-633-6224
or by requesting the list in writing from the unit at the following address:
Department of Community Affairs
Division of Codes and Standards
Asbestos/Lead Unit
101 South Broad Street
P.O. Box 816
Trenton, NJ 08625-0816
Fax Number (609) 633-1040
Internet Web Page Addresses
|
