This Fact Sheet was produced by the Waste Evaluation Unit to assist generators throughout the State of California
California Department of Health Services
Toxic Substances Control Division
Alternative Technology Section
March 1989
Asbestos Cancer and Lung Disease Hazard
Authorized Personnel Only!
Respirators and Protective Clothing are Required in this Area
Asbestos Fibers
Avoid Creating Dust
Breathing Asbestos may cause Serious Bodily Harm
The Department of Health Services (DHS) has classified friable, finely divided, and powdered wastes containing greater than one percent (1.0%) asbestos as hazardous waste. Asbestos includes chrysotile, amosite, crocidolite. tremolite. anthophyllite, and actinolite. A "friable" waste is one which can be reduced to a powder or dust under hand pressure when dry.
Non-friable, asbestos-containing wastes are considered to be nonhazardous (regardless of their asbestos content), and are not subject to regulation under Title 22, Division 4. Chapter 30 of the California Code of Regulations (CCR). The management of such wastes remains subject to any requirements or restrictions which may be imposed by other regulatory agencies operating under separate authority. The DHS classification standard is found in Section 66699 of Title 22, CCR. Asbestos is not presently regulated as a hazardous waste under the Resource Conservation and Recovery Act (RCRA), and therefore, is considered to be a "non-RCRA" waste.
Testing for asbestos in bulk samples must be done using the polarized light microscopy method described in the Federal Register, Volume 47, Number 103, Appendix A, pages 23376-23389, May 27, 1982 (also published in Title 40, Code of Federal Regulations (40 CFR), Part 763 as "Appendix A to Subpart F - Interim Method of the Determination of Asbestos in Bulk Insulation Samples". Asbestos quantitation is performed by a point-counting procedure or equivalent estimation method. Point-counting provides a determination of the area percent asbestos. Reliable conversion of area percent to percent of dry weight is not feasible unless the specific gravities and relative volumes of the materials are known.
Pursuant to Section 25198(a) of the California Health and Safety Code, testing for any purpose under the Hazardous Waste Control Law must be performed by laboratories which are certified for hazardous waste testing according to the requirements and procedures of Article 33, CCR. The Department certifies laboratories for bulk asbestos testing, but does not certify laboratories for air testing at this time. Current costs for bulk asbestos testing range from $25 to $1 00 per sample. The average cost is $50 per sample.
Asbestos wastes must be contained and transported in one of the following ways:
Caution labels are required on each container or wrapping must be in conspicuous legible lettering which spells out one of the following or equivalent warnings:
Contains Asbestos Fibers
Avoid Creating Dust
Breathing Asbestos Dust May Cause
Serious Bodily Harm
[Source: Section 5208, Title 8 - California Code of Regulations]
or
Contains Asbestos
Avoid Opening or Breaking Container
Breathing Asbestos Is Hazardous to Your Health
[Source: NESHAP, 40 CFR 61.152(b)(1)(iv) (7/1/86 Edition)]
In addition to this warning requirement, Section 66504 of Title 22, CCR requires that hazardous waste containers of I 10 gallons or less capacity be marked with the following words and information displayed in accordance with the requirements of 49 CFR 172.304 as amended November 1, 1983:
Hazardous Waste - State and Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the California Department of Health Services.
Generator's Name
Address
Manifest Document Number
Transport
In California, asbestos wastes totalling more than 5() lbs. must be transported by a registered hazardous waste hauler to an approved treatment, storage. or disposal facility. Pursuant to Section 25 163(c) of the California Health and Safety Code, persons generating and transporting less than 50 lbs. of a hazardous waste to a permitted hazardous waste facility are exempt from this requirement (and the requirements concerning possession of the manifest while transporting hazardous waste) upon meeting all of the following conditions:
For further information regarding D.O.T. requirements contact the U.S. Department of Transportation, Division Office of Motor Carrier Safety:
Northern California - (916) 551-1300, Sacramento
Southern California - (818) 405-7110, El Monte
or the California Highway Patrol (CHP), Motor Carrier Safety Unit of the CHP Division Office nearest you (see telephone directory for local listing).
Except as provided by Section 25 163(c) of the Health and Safety Code, any hazardous wastes which are transported to a disposal site must be accompanied by a properly completed Uniform Hazardous Waste Manifest (Section 66472. CCR). To properly complete the manifest, the generator must obtain an EPA Identification (ID) number. Permanent ID numbers are issued to generators who routinely generate hazardous wastes. Provisional ID numbers and emergency ID numbers are issued for one-time only situations and are valid for 90 days. A special provisional number is issued for asbestos containing wastes generated in the course of residential removals. For further information about ID numbers to obtain provisional or emergency numbers: or to obtain an application for a permanent ID number. contact the DHS at (916) 324-1781.
The generator and disposal site operator must, on a monthly basis, return a copy of each manifest used to the Department.
Disposal site operators send to:
Department of Health Services
Toxic Substances Control Division
P.O. Box 3000
Sacramento, CA 95812
Generators send to:
Department of Health Services
Toxic Substances Control Division
P.O. Box 400
Sacramento, CA 95802
For copies of blank manifests write to:
Department of Health Services
Toxic Substances Control Division
Attn: Manifest Order Unit
714/744 P Street
P.O. Box 942732
Sacramento, CA 94234-7320
Pursuant to changes published in the Federal Register (Vol. 5 1, No. 225, November 21, 1986, page 42175) and corrected in the Federal Register of February 17, 1987 (Vol 52, No. 3 1, page 4824) the proper U.S. DOT description for waste asbestos is:
Pursuant to Section 25 143.7 of the Health and Safety Code, wastes containing asbestos may be disposed of at any landfill which has waste discharge requirements issued by a Regional Water Quality Control Board that allow the disposal of such waste, provided that the wastes are handled and disposed of in accordance with the Toxic Substances Control Act (P.L. 94-469) and all applicable laws and regulations. Provisions of the Toxic Substances Control Act (TSCA) are found in Title 40, Code of Federal Regulations, Part 763, Other applicable laws and regulations include the Clean Air Act's National Emission Standards for Hazardous Air Pollutants (NESHAP), and Title 22, California Code of Regulations, Division 4, Chapter 30 (Minimum Standards for the Management of Hazardous and Extremely Hazardous Wastes). The National Emission Standard for Asbestos is found in Title 40, Code of Federal Regulations, Part 61, Subpart M.
The Department does not maintain a list of disposal sites accepting asbestos waste. For information on disposal sites, contact the Regional Water Quality Control Board nearest you (see telephone directory for local listing).
Specific requirements for the operation of active and inactive disposal sites are found in Title 40, Code of Federal Regulations, Part 61, Subpart M. Additional guidance on disposal is found in the May 1985 "Asbestos Waste Management Guidance" by EPA (,EPA 530-SW-007). The Department does not require Class III facilities or monofills accepting asbestos to obtain hazardous waste facility permits.
Pursuant to the Hazardous Waste Management Act of 1986 (Roberti, 1986) the Department is required to adopt treatment standards for all hazardous wastes by May 8, 1990, including hazardous asbestos wastes. The Department is developing a staff report which will identify appropriate treatment for asbestos waste. Generators of asbestos wastes will only be required to use treatment technologies which have been demonstrated and which are available.
State law imposes a fee and tax on the land disposal of hazardous waste. Additionally, a fee is imposed on generators of five tons or more/site/year of hazardous waste (regardless of disposition).
The Hazardous Waste Control Account (HWCA) land disposal fee is payable quarterly or semi-annually directly by generators who have disposed of more than 500 pounds per year of wastes to land. If the asbestos disposed involved 500 pounds or less, the disposal fee is payable by the facility which accepted the waste. If the disposal involves more than 500 pounds. the manifest should include the generator's Board of Equalization taxpayer number (listed in Section "B" of the manifest i.e. under state required items in the shaded portion). A Board of Equalization taxpayer number can be obtained from the Board by calling (916) 739-2582. Additional information on current hazardous waste fees and taxes can be obtained from the Board of Equalization at this same number, or the Department of Health Services at (916) 324-1826.
The annual Hazardous Substance Account (HSA) land disposal tax is payable July I of each year. The HSA tax is calculated after the Board of Equalization receives disposal returns due March I of each year, Persons who disposed of more than 500 pounds per year of asbestos will be billed directly by the Board of Equalization.
State law imposes a fee on generators of 5 tons or more/site/year of hazardous waste regardless of disposition. The fee is payable directly by the generator who is billed annually by the Board of Equalization.
For additional information on DHS regulations governing the management of asbestos wastes in California. write or call the Toxic Substances Control Division office nearest you:
| Department of Health Services Region 1/Sacramento Toxic Substances Control Division 4250 Power Inn Road Sacramento, CA 95826 (916) 739-3145 | Department of Health Services Region 1/Fresno Toxic Substances Control Division 5545 East Shields Avenue Fresno, CA 93727 (209) 445-5938 |
| Department of Health Services Region 2/Emeryville Toxic Substances Control Division 2151 Berkeley Way, Annex 7 Berkeley, CA 94704 (415) 540-2043 | Department of Health Services Region 3/Burbank Toxic Substances Control Division 1405 North San Fernando Blvd. Suite 300 Burbank, CA 91504 (818) 567-3000 |
| Department of Health Services Region 4/Long Beach Toxic Substances Control Division 245 West Broadway, Room 360 Long Beach, CA 90802 (213) 590-4868 | Modoc California Department of Health Services Toxic Substances Control Division Regional Offices Shasta Lassen |
Tehama
Plumes
Butte
Glenn
Colusa Yub
Region I - Sacramento
a
Uttar
Region 1 - Fresno
neposa
Region 2 - Mad Emeryville Santa Cruz
Tu are
Kings
ern San Bernardino
lea
Region 3 - Burbank includes the area north of the 91 (Artesia) Freeway
Riverside
nge
Region 4 - Long Beach Includes area South of the 91 (Artesia) Freeway
Other agencies that regulate asbestos wastes in California are:
Effective January 1, 1987, asbestos removal and abatement contractors have to be certified by the State Licensing Board (Section 7058.5. Business and Professions Code). Effective July 1, 1989, state law prohibits any person from advertising for the removal of asbestos unless certified for that work and requires any person advertising asbestos removal services to include his or her certification and (Cal-OSHA) registration number in that advertising (Section 7030.6, Business and Professions Code),
For further information on the certification requirement, steps to take when contracting with a company to remove asbestos, existing laws and regulations pertaining to asbestos-related work in California, basic health information, or to obtain a list of certified contractors, call the State Licensing Board at (916) 366-5153.
A contractor must register with Cal-OSHA's Carcinogen Unit prior to any work involving asbestos (Section 6501.5, Labor Code). Call (415) 557-2037 for information on registration and notification requirements. Questions concerning occupational standards should also be addressed to Cal-OSHA.
Many of the Local Air Pollution Control Districts in California have been given authority to enforce the National Emission Standards for Hazardous Air Pollutants (NESHAP) which include asbestos. In addition, these local agencies have special notification requirements when asbestos demolition or renovation operations are undertaken. Some of these agencies charge an operation fee. Check local listings to contact these agencies for further information.
EPA has notification requirements pertaining to asbestos demolition and renovation operations. Call (415) 974-7633 for further information regarding. NESHAP rule compliance. For information regarding asbestos identification. health effects. abatement options, analytical techniques, monitoring, asbestos in schools, and contract documents, call the EPA Regional Asbestos Coordinator at (415) 974-7551.
Washington, D.C. (202) 554-1404. General information concerning federal requirements in the areas of industrial and commercial notification procedures, school programs. analytical methods, abatement projects, and product use restrictions.
U.C. Extension, Berkeley, CA. (510) 643-7143. Continuing education and training for individuals and groups involved in the management, evaluation, and abatement of asbestos hazards.
Washington, D.C. (800) 638-2772. Information concerning the identification and abatement of asbestos hazards in the home. Information on asbestos in certain consumer products is also available.
San Francisco, CA. in-state (800) 233-3360, out-of-state (415) 821-5338. A general information service. Specific information on asbestos in residential settings is also available.
Decatur, GA. (404) 633-2622 Collects, generates, and disseminates information to building owners, interested professionals, and the public concerning asbestos in buildings.
Berkeley, CA. (415) 642-5507, Addresses concerns regarding occupational exposure.
Arlington, VA (703) 979-1150. General information with emphasis on safety, health and environmental issues. Informational materials are available through the Association.
Last Updated: January 6, 1998