Section 9 - SPECIAL WASTES

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Construction and demolition (C&D) materials may contain special wastes that are, or may soon be, subject to special state and federal regulations. Special wastes include asbestos, fluorescent and high-intensity discharge (HID) lamps, polychlorinated biphenyls (PCBs), and lead.

ASBESTOS

Asbestos refers to a group of naturally-occurring fibrous minerals that separate into very fine fibers. Asbestos fibers are strong, heat-resistant, and very durable. Asbestos is considered most dangerous when it is crushed, crumbled, or disturbed (occurs especially during remodeling or demolition) because it can release tiny fibers into the air. These fibers remain suspended in the air for a long time and can easily penetrate body tissue after being inhaled or ingested. Inhalation of asbestos fibers can lead to asbestosis (scarring of the lungs), mesothelioma (cancer), and lung cancer.

Because of these serious health risks, building materials containing asbestos must be disposed of according to strict state and federal regulations, which include disposal only in landfills certified by DEQ to accept asbestos waste. Contractors are liable for failure to follow regulations, procedures, and permitting requirements for containing, hauling, disposing, and keeping records of asbestos waste.

Great care is needed to protect air quality while working with asbestos-containing materials. Do not cut, scrape, tear, sand, saw, or drill asbestos-containing materials unless absolutely necessary. 

Regulations

• Asbestos Hazard Emergency Response Act (AHERA).
• Clean Air Act Amendments of 1990 Includes federal requirements on handling asbestos found in commercial buildings, schools (K-12), and public institutions.

General Information About Asbestos

• The primary concern about asbestos-containing material is when it exists in friable form. Friable means that the material can be crumbled or crushed with hand pressure and is therefore likely to emit fibers.
• Asbestos-containing material existing in nonfriable form and in good (undamaged) condition should present no problems as long as it is left alone and maintained in good condition.
• Basic precautions when dealing with asbestos:
  • Do not disturb the material. If the asbestos is in poor condition, do not allow it to be released into the air (for example, by walking through the area or pushing it aside to work in the area).
  • If asbestos-containing materials are in poor condition and you need to work in the area, ask a professional before disturbing the materials
• Asbestos-containing material is usually found in:
  • Surfacing material sprayed or troweled on ceilings and walls
  • Insulation around pipes, boilers, ducts, and tanks
  • Miscellaneous materials such as wallboard or floor tiles
• Important banning dates of asbestos-containing materials:
  • 1973 for asbestos spray-applied insulating materials
  • 1976 for asbestos pre-molded insulation (if friable)
  • 1978 for asbestos spray-applied decorative materials
• It is extremely difficult to determine which homes might have asbestos-containing materials. These materials have been available since World War II, and asbestos has even been unknowingly reapplied as recently as the late 1980s.
• A trained Asbestos Inspector is the best person to locate asbestos-containing materials in a building (see Worker Training, Certification, and Fees in this section for more information). This person also knows where to sample for asbestos.

Following are examples of places in a house where asbestos might be found:

• Exterior Surfaces - exterior walls and closed decks built with a fire retardant sheeting that looks like gray cardboard; cement asbestos board (usually light gray in color) used as sheets for straight and lap siding, or shaped to substitute for wood shingles; roof felt or window putty.
• Wall and Ceiling Insulation - loose blown-in and batt insulation (especially in homes built or remodeled between 1930 and 1950) found where interior spaces need to be protected from outside temperatures (such as outside walls and floor or roof/attic spaces between structural joists and rafters).
• Floor Coverings - sheet vinyl (including the backing or underlayment), vinyl tile, and vinyl adhesive.
• Furnaces, Boilers, Heaters, and Piping - insulation blankets (the outside covering or shell), door gaskets, duct insulation, and tape at duct connections of furnaces and boilers; furnaces with asbestos-containing insulation and cement (the material is white or gray in color and resembles plaster) generally installed in older homes between 1920 and 1972; on and inside furnace ducts; insulation or asbestos paper (which looks like corrugated cardboard) around steam and water pipes, particularly at elbows, tees, and valves; cement sheets, millboard, and paper frequently used as thermal insulation for protection of floors and walls around woodstoves.
• Interior Surfaces - sprayed-on or troweled-on surface material on wall and ceiling surfaces; acoustical tiles, textured paint, or heat reflectors (woodstoves).
• Electrical Equipment - materials in older lamp socket collars, electric switch and receptacle boxes, liners for recessed lighting, backing for switchboard panels, fuse boxes, and old-fashioned "knob & tube" wiring.
• Built-in Equipment - oven or dishwasher (in cabinet) units were often wrapped in insulation blankets or sheets until the mid-1970s; water heaters, range hoods, or clothes dryers.
• Appliances - parts with asbestos-containing materials in refrigerators, freezers, portable dishwashers, or ovens.

The above list does not include every material or place in a house that may contain asbestos. More than 3,000 building products contain asbestos. The age of the building is not a valid way to determine the presence of asbestos. Always have suspicious material tested.

Contractor Liability
Contractors can be subject to civil penalties up to $10,000 for violating asbestos regulations or causing contamination. Because the public has become increasingly aware of the danger from asbestos, contractors who do not take required precautions may also be subject to private lawsuits.

Since November 1992, the EPA has required an inspection by an EPA-certified inspector prior to any remodeling, renovation, restoration, or demolition of public and commercial buildings. In addition, an asbestos removal plan must be developed by an Asbestos Hazard Emergency Response Act (AHERA) designer.  Work in schools (K-12) and public buildings must meet additional requirements outlined by EPA under the federal AHERA. For more information, contact a regional EPA office .

Federal Occupational Safety and Health Administration (OSHA) regulations governing asbestos promote worker safety and include safe work practices, worker exposure limits, labeling, employee training, protective clothing and respirators, medical surveillance, monitoring and record keeping. For more information, contact a local OSHA office:

Contacts 

• U.S. EPA State/Regional Operations Office
  http://www.epa.gov/epahome/locate2.htm 
• State OSHA Headquarters
  http://www.osha-slc.gov/html/RAmap.html 

Asbestos Determination
Contractors are responsible for determining whether a substance contains asbestos. Unfortunately, the asbestos fibers that can cause health problems are much too small to be seen without a powerful microscope. The only way to be sure whether a substance contains asbestos is to have the material tested. 

It is wise to hire a consulting firm or a trained asbestos inspector to take the sample and analyze it. If you choose to sample the material yourself, carefully follow these steps:

• Ask the analytical lab how large a sample is required.
• Make sure employees wear a High Efficiency Particulate Air (HEPA) filter respirator and disposal gloves.
• Do not disturb the material any more than is required to take the sample.
• Wet the material using a fine water mist prior to taking the sample.
• Penetrate the depth of the dampened material with a clean sample container, such as a 35mm film canister, a small glass, or a plastic vial.
• Tightly seal the container.
• Use a damp paper towel to clean up any material that spilled outside of the container.
• Label the container, indicating when and where the sample was taken.
• Take the sample to an analytical laboratory.
• Repair the sample location with caulk.

If asbestos is present, contractors must follow EPA, state environmental agency, and OSHA regulations. If you do not test a material, you should proceed as if the material contains asbestos. Failure to realize that a substance contains asbestos does not absolve contractors from liability.

Best Pollution Prevention Practices

Worker Training, Certification, and Fees
Depending on regulations in your state the following issues may apply to you.  

• Contractor/Worker Licensing
• Notification of Asbestos Abatement
• Required Work Practices and Procedures
• Asbestos Disposal and Record Keeping
• Disposal of asbestos must follow regulatory requirements. 
  • Required methods of containing asbestos waste
  • Specific procedures for hauling waste
  • Disposal in a landfill authorized to accept asbestos waste
  • Formal record keeping of asbestos waste disposal

Contact

• U.S. EPA State/Regional Operations Office
  http://www.epa.gov/epahome/locate2.htm 
• State OSHA Headquarters
  http://www.osha-slc.gov/html/RAmap.html 

FLUORESCENT AND HID LAMPS

Fluorescent and high-intensity discharge (HID) lamps--such as metal halide and mercury vapor lamps--contain mercury, cadmium, and antimony. Incandescent light bulbs contain lead. Exposure to small amounts of these substances can cause serious human health problems.  Under federal law, mercury-containing lamps may be considered a hazardous waste and must be managed accordingly. 

Electric Lamps as Universal Wastes
Regulations regard spent electric lamps as Universal Waste. Universal Waste is a term describing wastes that fall under reduced regulations if they are recycled. Refer to Section 8-Hazardous Wastes for a more detailed description about the management of Universal Wastes.

Toxicity Characteristic Leaching Procedure (TCLP)
To determine whether a mercury-containing lamp is a hazardous waste, you could use a test known as the Toxicity Characteristic Leaching Procedure (TCLP). The TCLP test:

• Identifies whether a waste is hazardous and must be managed as hazardous waste
• Attempts to replicate the conditions in a municipal landfill to detect a contaminant's (metal or organic compound) concentration in water that might leach from the landfill
• Analyzes the leachate after an acidic solution is passed through a sample of the waste

The waste is determined to be TCLP toxic if the concentration of the contaminant is greater than the designated standard for that substance. If the substance fails the TCLP test, it is considered a characteristic hazardous waste. For more information about testing methods, contact the DEQ Permitting & Compliance Division at (406) 444-3490.

Lamp Management
Even in the absence of disposal regulations, recycling is an environmentally responsible way to manage spent lamps. Recycling separates toxic substances such as mercury from the glass, aluminum, and other lamp components that can be reused. It costs only 10 cents per foot to recycle a fluorescent lamp. Fluorescent and HID lamps can be recycled regardless of whether the lamp fails the TCLP test.

Some precautions to take for storing spent lamps:

• Do not break or crush lamps--mercury may be released.
• If storing lamps for recycling facilities, avoid taping lamps together.
• If lamps are accidentally broken, store them in a sealed container.

If your construction or demolition activities involve removal and disposal of fluorescent or HID lamps, you should monitor changing regulations. 

Regulations

• Resource Conservation and Recovery Act (RCRA)
• 40 CFR 273 Universal Waste Rule. Provides guidelines for managing universal wastes.

Best Pollution Prevention Practices
Objective:

1. Proper management of fluorescent and HID wastes.

Practices:

• Follow state and local landfill requirements for handling and disposing of lamps.
• Recycle lamps through a licensed and permitted recycling facility.
• If you can't recycle your mercury-containing lamp wastes, and you generate more than five lamps at a time, follow hazardous waste disposal practices.

Contacts

• U.S. EPA State/Regional Operations Office
  http://www.epa.gov/epahome/locate2.htm 
• State OSHA Headquarters
  http://www.osha-slc.gov/html/RAmap.html 

POLYCHLORINATED BIPHENYLS (PCBs)

You are most likely to encounter polychlorinated biphenyls (PCBs) during remodeling or renovation. PCBs were widely used before 1979 as dielectric fluid to insulate electrical equipment such as capacitors, transformers, switches, and voltage regulators, and for fluorescent lamp ballasts. PCBs are considered hazardous because studies have shown them to cause cancer as well as reproductive and developmental defects in laboratory animals. Handling and disposal of materials containing PCBs is regulated by federal and state law.

PCB Management
Before disposing of fluorescent ballasts, you should determine if they contain PCBs. Look to see if the ballast carries a "No PCBs" label.  If it does, then your ballast does not contain PCBs and you don't have to worry about most of the other information in this section. See the content in this section under Disposal of PCB Ballasts and Recycling Ballasts for disposal and recycling options.

General EPA Information About PCBs
In the fall of 1993, the EPA received data from several sources indicating that PCBs were found in the insulating (potting) compounds of fluorescent light ballasts generally manufactured prior to 1978 (all ballasts manufactured through approximately 1978 contain PCBs and some manufactured after 1978 contain PCBs as well). Ballasts that contain potting compounds that have 50 ppm or more PCBs (which includes any PCB-containing ballast you will encounter) are termed PCB Articles. PCB Articles must be stored, transported, and disposed of in accordance with Toxic Substances Control Act (TSCA) regulations. Contact an EPA Regional or State Operations Office. 

To avoid incurring liability from improperly managed ballasts that have PCB-contaminated potting compounds, the EPA recommends that untested ballasts or ballasts that do not carry a "No PCBs" label should be managed as PCB waste.

CERCLA Reporting Requirements
PCB is defined as a hazardous substance under CERCLA (Superfund). CERCLA lists one pound as the reportable quantity for PCBs when they are disposed of in a landfill. Each small capacitor in a fluorescent light ballast contains at least 0.1 pounds of pure PCB. So if you are disposing of 10 or more light ballasts, you are subject to CERCLA reporting requirements. Reporting places you on a list of potential Primary Responsible Parties in any subsequent Superfund cleanup of the landfill. For this reason, you can avoid liability by managing ballasts in an alternative manner such as recycling.

Capacitor Terms
Two terms you may often come upon when dealing with PCBs:

• Small capacitor - the capacitor contained in the ballast has less than three pounds of dielectric fluid
• Large capacitor - the capacitor contained in the ballast has more than three pounds of dielectric fluid

PCB Testing Labs
You can also look for PCB testing labs in the Yellow Pages under "Laboratories-Analytical." 

Disposal of PCB Ballasts
EPA has established a policy that recommends against disposing of individual small PCB capacitors, small PCB capacitors contained in fluorescent light ballasts, or untested fluorescent light ballast potting compounds as municipal solid waste. Instead, the EPA encourages you to dispose of non-leaking fluorescent light ballasts and small PCB capacitors at a TSCA-approved facility. These facilities include recyclers, landfills, and incinerators that have EPA approvals to dispose of PCBs. 

Disposal procedures for PCB ballasts depends on your particular situation:

• The following types of ballasts may be disposed of at a TSCA-approved recycler, landfill, or incinerator (they may also be disposed of at a licensed Class II municipal landfill that agrees to accept them, although EPA does not recommend this disposal method):
  • All ballasts without PCBs
  • Ballasts that contain PCBs, but are not leaking and have less than three pounds of dielectric fluid (which should always be the case)
• If the capacitors in your ballasts are leaking, you must send them to an EPA-approved PCB incinerator. Recycling is not an option.
• Whether your ballasts are leaking or not, you can transport them yourself or you can hire a certified hauler. If you transport the ballasts yourself, contact the disposal facility first to make sure your ballasts will be accepted. 

Leaking PCBs
Ballasts in a lighting system can be punctured or damaged, exposing an oily, tar-like substance (the potting compound). If the leaking ballast is identified as containing PCBs, the ballast and all materials that come in contact with it are fully regulated and are subject to federal PCB requirements.

Should you encounter a leaking ballast containing PCBs, follow these procedures:

• Immediately (within 24 hours) follow detailed spill procedures outlined in 40 CFR, Part 761, Subpart G.
• Leaking ballasts must be disposed of in an EPA-approved PCB incinerator. 
• You can transport the leaking ballasts yourself or you can hire a certified hauler. If you transport the ballasts yourself, contact the incinerator first to make sure your ballasts will be accepted. If you hire a certified hauler, the leaking ballasts must be manifested for shipment. Some haulers are authorized as PCB commercial storers and may be used to arrange for the disposal of ballasts containing PCBs. 

Recycling Ballasts
Used, nonleaking ballasts may be recycled even if they contain PCBs. Recycling reclaims valuable metals, reduces the volume of solid waste sent to landfills, and prevents toxic substances from being burned in an incinerator or buried in a landfill. 

Regulations

• Toxic Substances Control Act (TSCA)
• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
• 40 CFR Part 761 Federal regulations governing disposal and liability from improper disposal of PCB-containing materials.

Best Pollution Prevention Practices

Contacts 

• U.S. EPA State/Regional Operations Office
  http://www.epa.gov/epahome/locate2.htm 
• State OSHA Headquarters
  http://www.osha-slc.gov/html/RAmap.html 
• U.S. EPA TSCA Assistance Hotline (202) 554-1404

LEAD

According to the EPA, approximately three-quarters of the nation's houses built before 1978 (approximately 64 million dwellings) contain some lead-based paint (LBP), although lead-based paint is not used in new residential construction. Lead is also a common component in C&D debris, found in roofs, cornices, tank linings, and electrical conduits. These materials may leach lead into the environment if not properly managed. Soft solder, an alloy of lead and tin, is used in plumbing for soldering joints. Soft solder has been banned from many uses in the United States.

An estimated one in eleven American children have high lead levels in their blood. The Centers for Disease Control (CDC) describes lead poisoning as the most significant, preventable health problem affecting children today. Consumers are suing contractors for lead contamination that occurs during demolition and renovation. You can protect yourself by becoming aware of the hazards of lead poisoning, managing lead-containing demolition debris appropriately, and by examining your liability carefully (see Section 2-Contractor Liability).

Lead Paint and Real Estate (Title X)
In 1992, Congress passed the Residential Lead-Based Paint Hazard Reduction Act, also known as Title X, to inform the public about the risks of exposure to lead. Under Section 1018 of this law, HUD and the EPA require the disclosure of information on lead-based paint hazards before housing units built before 1978 can be sold or leased (1978 was the year the Consumer Product Safety Commission banned the sale or distribution of lead-based paint for residential use).

Owners of residential property regardless of the number of units) built before 1978 must:

• Disclose information to renters or buyers about known lead-based paint and lead-based paint hazards and provide any available reports on lead in the dwelling.
• Give renters or buyers the EPA pamphlet Protect Your Family from Lead in Your Home.
• Include proper warning, notification, and disclosure language in contracts and leasing agreements.
• Give buyers a 10-day period to test the dwelling for lead.
• Retain signed acknowledgments for three years as proof of compliance.

Regulations

• Title X 1992 Residential Lead-Based Paint Hazard Reduction Act Real estate notification and disclosure rule regarding most houses built before 1978.

Contacts

Facts About Lead
Below is some general information about lead. 

• The major source of lead in the home is from contaminated dust (old paint, contaminated soil, and leaded gasoline/auto exhaust residues).
• Other sources of lead include dust from remodeling and lead in the water from solder or fixtures.
• Lead-based paint is only a hazard if the paint is damaged (peeling, cracking, etc.). The presence of the paint itself is not necessarily a hazard. Paint in good condition poses little threat to health if left undisturbed.
• There is not a completely safe, do-it-yourself way to remove lead-based paint.
• Lead-based paint is most commonly found in areas where high durability is needed: windows, doors, door frames, woodwork, and furniture.
• Research has shown that small doses of lead, once thought to be harmless, can cause serious damage to the human body.
• Young children are at the greatest risk for lead poisoning, which can cause delayed development, reading and learning problems, lowered IQ, hyperactivity, and discipline problems. Larger doses of lead can cause high blood pressure, anemia, and kidney disorders (even in adults).

Lead Dust
Most buildings constructed before 1960 contain heavily leaded paint. Buildings constructed as late as 1978 may also contain lead paint.  Lead pipe and solder can be found in all but the most recently constructed buildings.

Operations that generate lead dust and fumes include:

• Using flame-torch cutting or welding or using heat guns on lead painted surfaces during repair, reconstruction, dismantling, demolition, or abatement work.
• Abrasive blasting of bridges and other structures containing lead-based paints.
• Sanding, scraping, or grinding lead painted surfaces during repair, reconstruction, dismantling, demolition, or abatement work.
• Maintaining exhaust duct work.

OSHA and EPA Regulations
In June 1993, OSHA developed new lead exposure standards for workers who handle materials containing lead. The standards cover safe work practices, worker exposure limits, labeling, employee training, protective clothing and respirators, medical surveillance, monitoring, and record keeping. OSHA publishes the handbook Lead in Construction that describes your responsibilities in these areas. For a copy of the handbook or for more information, contact either the OSHA. 

OSHA Worker Protection Program
Employers of construction workers are responsible for the development and implementation of a worker protection program in accordance with OSHA regulations found in 29 CFR, Parts 1926.20 and 1926.62 (e). This program is essential for minimizing worker risk of lead exposure. The most effective way to protect workers and minimize the generation of hazardous air emissions and waste is through the use of safe work practices and engineering controls. Engineering controls reduce employee exposure in the workplace either by removing or isolating the hazard or isolating the worker from exposure through the use of technology.

Regulations

• 29 CFR 1910.133 Federal regulations on eye and face protection.
• 29 CFR 1910.134 Federal regulations on respiratory protection.
• 29 CFR, 1926.20 and 1926.62 Federal regulations on lead exposure for construction workers.

EPA Training Certification Requirements
The EPA is in the process of adopting lead training certification requirements for lead inspectors, workers, and abatement contractors and supervisors. The laws and regulations for this action were promulgated in August 1996. At that time, states and tribes had two years to seek authorization to manage the program. By the fall of 1998, EPA will manage the program in areas that do not have state/tribal programs, which includes Montana. 

Best Pollution Prevention Practices

Best Pollution Prevention Practices

Lead Disposal
If the material you are examining for lead contamination fails the TCLP test, it must be considered a hazardous waste and managed accordingly (see Toxicity Characteristic Leaching Procedure (TCLP) in this section). The entire site should then be examined for further lead contamination. Discuss options for treatment or disposal with your client as soon as the contamination is discovered.  One option is to haul the contaminated material to a treatment, storage, or disposal (TSD) facility. 

Disposal of Lead-Based Paint Waste
Disposal of lead-based paint waste is subject to the regulations found in the Resource Conservation and Recovery Act (RCRA) Subtitle C.  Normally, household wastes are excluded from the RCRA requirements. However, under the EPA's current reading (May 1994) of the household waste exemption, lead-based paint is not similar to the waste typically generated by a household. Therefore, lead-based paint waste generated from construction, demolition, or renovation activities is not exempt from RCRA Subtitle C and must be managed as hazardous waste (see Section 8-Hazardous Wastes).

On the other hand, if your lead-based paint waste is generated in small enough quantities (less than 220 pounds of hazardous waste per month) to meet the requirements of a conditionally exempt generator (CEG), you may have to comply with fewer regulations (see Section 8-Hazardous Wastes for information about CEG requirements). 

Guidance Documents

The following documents are available from EPA offices:

• Lead Poisoning and Your Children. EPA 800-B-92-002, Feb 1995
• Protect Your Family From Lead in Your Home. EPA 747-K-94-001, May 1995
• Lead in Drinking Water in Schools and Non-residential Buildings. EPA 812-B-94-002, April 1994
• Guidance on Residential Lead-based Paint, Lead-contaminated Dust, and Lead-contaminated Soil. July 1994
• Reducing Lead Hazards When Remodeling Your Home. EPA 747-R-94-002, April 1994
• EPA and HUD Real Estate Notification and Disclosure Rule. EPA 747-F-96-001, March 1996
• Understanding Title X, A Practical Guide to the Residential Lead-Based Paint Hazard Reduction Act of 1992. Alliance to End Childhood Lead Poisoning

Contacts 

• U.S. EPA State/Regional Operations Office
  http://www.epa.gov/epahome/locate2.htm 
• State OSHA Headquarters
  http://www.osha-slc.gov/html/RAmap.html 
• National Lead Information Center Hotline
  (800) LEAD-FYI or (800) 424-LEAD

1 - INTRODUCTION
2 - CONTRACTOR LIABILITY
3 - EMPLOYEE HEALTH AND SAFETY
4 - DESIGN CONSIDERATIONS
5 - BUILDING CODES AND STANDARDS
6 - WATER QUALITY

 7 - SOLID WASTE
 8 - HAZARDOUS MATERIALS
 9 - SPECIAL WASTES
10 - AIR QUALITY
11 - UNDERGROUND STORAGE TANKS
12 - WASTE MINIMIZATION QUICK LIST

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