California Department of Resources Recycling and Recovery (CalRecycle) 

LEA Advisory #42—July 31, 1997

LEA Advisory #42—LEA Asbestos Containing Waste Program Authorization

Purpose and Scope of this Advisory

This advisory replaces LEA Advisory No. 1, issued October 6, 1992. It is intended for use by Local Enforcement Agencies (LEA) impacted by Chapter 3.5 of the California Code of Regulations (CCR). This advisory will focus on Articles 1 and 5 of Chapter 3.5 CCR, since Articles 2-4 are directed at operator performance requirements.

Background of the Asbestos Containing Waste Regulations

Asbestos, a carcinogen is considered a hazardous material when disposed in waste that contains greater than 1 percent friable asbestos. Asbestos containing waste (ACW) materials has historically been deposited at solid waste disposal sites. Prior to 1994, the authority to regulate friable ACW rested solely with the Department of Toxic Substances Control (DTSC).

The passage of Chapter 1227, Statutes of 1994 (AB 688, Sher) gave the Board the responsibility of regulating asbestos containing waste, as defined in Section 25143.7 of the Health and Safety Code, at solid waste facilities that fall under its regulatory purview (which excludes asbestos monofills). Furthermore, Section 44820 of the Public Resources Code (PRC) specifically mandated the Board to develop regulations creating an inspection, permitting, and enforcement program for the disposal of ACW. State law also required the Board to enter into a Memorandum of Understanding (MOU) with DTSC delineating the enforcement duties of the Board and DTSC. In compliance with the above legislative mandates, the Board carried out the following:

  • Signed an MOU with DTSC on May 18, 1995.
  • Adopted emergency ACW regulations on August 1, 1996.
  • Established permanent ACW regulations on January 13, 1997.

The Board decided to develop the ACW regulations relying on the use of performance standards rather than prescriptive ones. Consequently, not every implementation aspect associated with LEA standards and authorization was spelled out as regulatory text. This was done with the knowledge that implementation issues arising from this regulatory language would not only require close Board/LEA interaction, but would also allow for LEA flexibility in meeting established ACW requirements.

Overview of the ACW Regulations

A Guide to Standards for the Handling and Disposal of Asbestos Containing Waste at Solid Waste Disposal Sites (Attachment 1) explains the ACW regulations in easy-to-read layman's terms along with the regulatory text. The regulations consist of the following five articles:

  • Article 1 discusses the general provisions related to the purpose, scope and applicability aspects of the ACW regulations. It also deals with compliance schedules applicable to non-hazardous disposal sites regulated by the Board.
  • Article 2 focuses on general standards for the designated ACW disposal area with regard to location, design, construction, operation, and maintenance.
  • Article 3 outlines the requirements for excavation of buried ACW.
  • Article 4 reminds the owner/operator that ACW disposal sites must meet specific requirements for closure and post-closure as required for other solid waste landfills.
  • Article 5 contains the requirements LEAs must satisfy before being authorized to enforce the ACW regulations.

Attachment 2 is the Field Data Collection Checklist that corresponds with articles 2-4.

Questions and Answers About the ACW Regulations

Below are questions and answers received to date regarding the ACW authorization program.

Q:  To who do the LEA standards and authorization apply?

A:  The LEA standards and authorization requirements only apply to LEAs having non-hazardous waste disposal facilities and unclassified waste management units which have Waste Discharge Requirements (WDRs) that provide for the disposal of friable ACW.

Q:  To who do LEA standards and authorization requirements not apply?

A:  The LEA standards and authorization requirements do not apply to LEAs who opt to not request authorization, or have no non-hazardous waste disposal facilities or unclassified waste management units which dispose of friable ACW within their jurisdictions. Nor do they apply to those LEAs having friable ACW monofills which are located at solid waste facilities not regulated by the Board (Class I disposal sites) or illegal dumping.

Q:  Do LEA standards and authorization requirements supersede other agencies' requirements?

A:  No. Each regulatory agency develops ACW regulations for a specific purpose. The Board developed LEA standards and authorization provisions for ACW in accordance with State law. These provisions were created to meet mandated regulatory oversight at solid waste landfills accepting friable ACW. The Board and its certified LEAs are responsible for keeping track of which agency enforces a particular ACW regulation in order to prevent regulatory overlap to the maximum extent possible.

Q:  What triggers applicability of LEA standards and authorization?

A: The conditions that trigger the LEA standards and authorization mechanisms are summarized as follows:

  • LEAs having solid waste facilities that already dispose of ACW in accordance with Section 25143.7 of the Health and Safety Code should be currently meeting, or shortly come into compliance with the LEA standards and authorization criteria (see 14 CCR 17897.15).
  • LEAs having solid waste facilities that intend to dispose of ACW in accordance with Section 25143.7 of the Health and Safety Code will be required to meet existing LEA standards and authorization criteria (see 14 CCR 17897.15).

Q:  How does an LEA request authorization from the Board to carry out enforcement responsibilities associated with Title 14, Division 7, Chapter 3.5?

A:  LEAs are required to request authorization from the Board in writing and may use CIWMB Form 605 (Attachment 3). Using this form, LEAs need to determine one of the following:

  • Whether the agency will implement only sections 17897.15 - .16 and 178997.19 (a-c) of this chapter (provisional authorization);
  • Whether the agency will implement all of the provisions of this chapter (full authorization); or
  • Whether the agency will rely on the Board for existing ACW regulatory responsibilities.

Q:  For which type of Board authorization can LEAs apply?

A:  Certified LEAs that want to fulfill the enforcement responsibilities arising from Title 14, Division 7, Chapter 3.5 may do so by requesting provisional or full authorization from the Board. A LEA may use the following conditions in order to determine which type of Board authorization applies to its jurisdiction-specific needs:

  • A LEA, whose jurisdiction has a facility disposing of ACW but the ACW operations are not described in the permit, qualifies for provisional Board authorization.
  • A LEA whose jurisdiction has a facility with a permit that addresses ACW and was disposing of ACW before the regulations were adopted qualifies for provisional authorization. A LEA may request provisional authorization in cases where not all requirements can be fulfilled at the time of the request. Upon approval of the RDSI amendments the LEA should apply for full authorization.
  • A LEA whose jurisdiction has a permitted facility that disposes of ACW but whose permit does not address ACW disposal qualifies for provisional Board authorization.
  • A LEA whose jurisdiction has a permitted facility that has not disposed of ACW but intends to do so qualifies for either full or provisional Board authorization.
  • A LEA whose jurisdiction has a new facility that intends to dispose of ACW qualifies for full Board authorization.

Q: What is the difference between a fully authorized and a provisionally authorized LEA?

A: 14 CCR Section 17897.25 states that LEAs who meet subsection (a)(1) and (2) may be provisionally authorized to enforce specific provisions of the chapter. Specifically, a provisionally authorized LEA will be responsible for enforcing sections 17897.15 -.16 and 17897.19(a-c) only. A fully authorized LEA will enforce the whole chapter.

Q:  Can a LEA who has not obtained authorization from the Board enforce the ACW regulations?

A:  No. LEAs are required to meet Article 5 of the ACW regulations before being authorized to enforce the ACW regulations.

  • For a provisional authorization the LEA shall meet Section 17897.25 (a) (1-2). A provisionally authorized LEA would be responsible for enforcing Sections 17897.15-.16, and 17897.19 (a).
  • A full authorization must meet the complete section 17897.25 and the LEA would be responsible for enforcing the complete chapter.

Q:  What if a LEA opts to not apply for authorization to enforce this chapter?

A:  If an LEA qualifies for Board authorization by having an ACW facility that currently takes or plans to accept ACW, the Authorization Application form needs to be completed by checking the box stating the LEA opts to not enforce this chapter and understands the Board will carry out its provisions.

Q:  Is there a final filing date by which facilities disposing of ACW must come into compliance with Title 14, Division 7, Chapter 3.5 requirements?

A: Yes. All facilities disposing of ACW must be fully permitted for ACW activities by November 29, 1997. LEAs may seek full authorization prior to or upon concurrence of a new or revised permit that includes ACW disposal.

Q:  Which EPP components do LEAs need to revise as a part of the authorization application?

A:  At a minimum, components per 14 CCR 18077, #9 (an operating budget demonstrating adequacy of budget resources pursuant to 14 CCR 18074 (b) and (c)), and #10 (a detailed staff training procedure pursuant to 14 CCR 18075) will need to be revised to reflect that the equipment and training requirements of the ACW regulations have been met.

Other components may need revision based on the status of a facility in the LEAs jurisdiction. For example, a new ACW operation on a new facility will need to be reflected in the EPP's comprehensive list, and time task analysis in addition to the budget and training components.

Q:  How does a LEA meet the training requirements set forth in Section 17897.25 (a)(2) and (4) of the ACW regulations?

A:  a) Each employer is responsible for its employees' health and safety program, which includes health and safety training and the maintenance of its Illness and Injury Prevention Plan (IIPP). Board staff will not "approve" Section 17897.25 (a)(2) of the training requirement. By signing the application form, the LEA Director is certifying the agency's compliance with this section. This Advisory however, provides examples of the training Board staff undergo to satisfy its IIPP with respect to ACW inspections (Attachment 4). This training requirement should be coordinated through your employer's IIPP manager.

In order to meet the intent of the regulation and CCR Title 8, General Industry Safety Orders, the training should include:

  1. Recognition of ACW and its physical characteristics.
  2. Health hazards associated with ACW.
  3. Assessment of the risk of asbestos exposure.
  4. Respiratory protection program requirements.
  5. Appropriate work practices and control methods.
  6. Emergency procedures.
  7. Air monitoring requirements and procedures.
  8. Medical surveillance program requirements.
  9. Proper ACW handling and disposal procedures.
  10. Housekeeping and personal hygiene practices. 

(Reference: CCR, Title 8, Sections 5208, 5144, & 5192) 

b) To meet the requirements of Section 17897.25 (a)(4), the LEA must submit an updated EPP training component. This training should include asbestos sampling methodology and practice.

Information regarding State certified training providers may be obtained by calling the Cal/OSHA Asbestos Certification Unit at (916) 574-2993. Information regarding US EPA training contacts can be obtained by calling U.S. EPA, Region 9, Asbestos Program, at (415) 744-1093.

Q:  How does an LEA comply with the personal protective equipment and sampling equipment provisions stipulated in Section 17897.25 of the ACW regulations?

A:  Typical personal protective clothing used during ACW related inspections may include respiratory protection, disposable coveralls, foot and head coverings, and gloves. Inspectors directly involved in excavation, etc. should wear more specialized protective clothing (i.e. disposable undergarments). The type of protective equipment use will depend on the type of ACW activity that will be performed.

In general, employers should provide (a) respirators and ensure that they are properly used when required; and (b) protective clothing based on the type of inspection being done. No inspector should be engaged in ACW related activities without personal protective equipment she/he has been trained to wear.

Typical sampling equipment may include: large plastic trash bags, ziplock plastic storage bags, labels, plastic sample jar, and a way to wet down the sample such as a water spray bottle.

Q:  Does the approval of authority need to go before the full Board for concurrence?

A:  Pursuant to 14 CCR 17897.25, only the Board can grant provisional or full authorization of ACW programs to LEAs. In accordance with PRC section 40430 which speaks to the Board's powers and duties relative to delegation of authority, on July 25, 1997, the Board adopted Resolution #97-27. This resolution allows the Executive Director to grant provisional or full authorization of ACW programs to LEAs in compliance with State law.

Still Have Questions?

If you have any questions not answered by this Advisory you can contact Paulino Luna.

Sincerely,

Original signed by:

Deputy Director
Permitting and Enforcement Division

Attachments

Attachment 1

Attachment 2

Attachment 3

Attachment 4

Publication #232-97-013

The intent of the advisories is to provide guidance to Local Enforcement Agencies (LEA) in performing their duties. Guidance, for this purpose, is defined as providing explanation of the Board’s regulations and statutes.

Unless included by reference in the LEA's Enforcement Program Plan (EPP), advisories are not enforceable in the same manner as regulations because they have not been adopted through the formal rulemaking process (see Government Code sections 11340.5 and 11342.6). Advisories do not take precedence over statute or regulation.

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