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 https://www.state.nj.us./dep/dshw
or directly by using the Web link https://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
New Jersey Department of Environmental Protection
https://www.state.nj.us/dep/
New Jersey Solid Waste Regulations, N.J.A.C. 7:26-1.1
et seq. https://www.state.nj.us/dep/dshw/resource/rules.htm
New Jersey Department of Environmental Protection, Approved
Operating Commercial Sanitary Landfills https://www.nj.gov/dep/dshw/lrm/aocslf.htm
New Jersey Department of Community Affairs, Division of Codes
& Standards https://www.nj.gov/dca/divisions/codes/offices/asbestos.html
|