Wisconsin Department of Natural Resources — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety MAY 7 2007 Ms. Gretchen S. Wheat Wisconsin Department of Natural Resources Bureau of Waste and Materials Management Ref. No. 07-0062 101 South Webster St. Madison. WI 53707-7921 Dear Ms. Wheat: This is in response to your e-mail requesting clarification of the Hazardous Materials asbestos. Your questions are paraphrased and responded to as follows: Regulations (HMR: 49 CFR. Parts 181-180) as they pertain to the transportation of QI. Is friable asbestos packed in quantities of one pound or more subject to the HMR? Al. Yes. Friable asbestos is subject to the HMR as a Class 9 material regardless of also regulated as a hazardous substance. Q2. Is non-friable asbestos subject to the HMR? A2. No. Q3. Do the registration requirements apply to a person who transports friable asbestos in a bulk package with a capacity greater than t68 cubic feet? A3. Yes. Q4. Do the registration requirements apply to a person who transports friable asbestos in a non-bulk package if the shipment has a gross weight of at least 5.000 pounds. or contains more than one class of hazardous materials for which placarding is required? At. Yes. asbestos contaminated material (RACM) as defined under the National Emission With regard to your question concerning whether the HMR apply only to regulated 172.102 Sp 156 173.6 070062#

Page 2the asbestos can be crumbled or pulverized to a powder through hand pressure, or if the Standards Hazardous Air Pollutants (NESHAP), the HMR apply to all friable asbestos. If asbestos will become friable during transportation, it is regulated as a Class 9 material. (Also, see § 172.102, Special Provision 156 for exceptions:) I hope this information is helpful. If you have additional questions, please contact this office. Sincerely. He His Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 33172.102 5p 156 MEIntyre §173.6. Drakeford, Carolyn <PHMSA> Special Provision / MOT From: Gale, John <PHMSA> 07 - 0862 Sent: Friday, March 23, 2007 7:07 AM To: Drakeford, Carolyn <PHMSA> Subject: FW: Asbestos Abatement Wastes & HMR Carolyn: PLease log in as interpretation request. Note to specialist, Please copy Barbara Waller on the response. John Sent: Thu 3/22/2007 4:00 PM From: Waller, Barbara <PHMSA> Cc: Razny, Mark <PHMSA> To: Gale, John <PHMSA> Subject: FW: Asbestos Abatement Wastes & HMR Hello John, I am forwarding this to you knowing your office is much better qualified than I to respond to Ms. asbestos issue. I would appreciate being copied on responses to Ms. Wheat. Thanks in advance for your Wheat's questions. I understand from Kevin Boehne that there is an active case in WI regarding this assistance. Do take care and maybe we will see you in Raleigh at the multimodal. Barbara From: Wheat, Gretchen S - DR [mailto:Gretchen.Wheat@Wisconsin.gov] To: Waller, Barbara <PHMSA> Sent: Wednesday, March 21, 2007 5:22 PM Subject: FW: Asbestos Abatement Wastes & HMR to forward my questions to another individual at U.S. DOT for response, and it may take some Barbara - This follows up on our phone conversion today. I understand you will likely need time before I receive a response. Here are my questions: 1.) Please confirm (or deny) the following basic information about the applicability of the U.S. DOT Hazardous Materials Regulations (HMR) with respect to transport of asbestos abatement wastes: • Friable asbestos packaged in quantities of 1 pound or more is subject to the HMR. • Non-friable asbestos is not subject to the HMR • HMR registration applies to a person who transports friable asbestos in a bulk package 3/26/2007#

Page 4with a capacity greater than 468 cubic feet. • HMR registration applies to a person who transports friable asbestos in non-bulk packages only if the shipment meets one or more of the following criteria: • The shipment has a gross weight of at least 5,000 pounds; or • The shipment contains more than one class of hazardous materials for which placcarding of the vehicle, rail car or freight container is required. 2.) Is HMR application is limited to regulated asbestos contaminated material (RACM), as detined under NESHAP? (This may be a more difficult question to answer, so perhaps it should be "split" from the questions above for a later response.) Background: I see Special Provision 156 applies to both bulk and non-bulk packages of asbestos. The following interpretation letters are also relevant: • Ref. No. 05-0291, 12/20/05 • Ref. No. 05-0260, 11/4/05 including technical assistance to WI DR staff and the regulated community. I have recently I work at WI DNR. My position includes policy and guidance development related to asbestos, received questions about U.S. DOT regulations that apply to the transport of asbestos contaminated materials that have been removed from structures during renovation and landfill disposal. demolition activities. The asbestos contaminated materials are transported as a solid waste for I want to update WI DR's asbestos publications, to add references to pertinent US DOT HMR. (Currently, WI DR publications do not mention US DOT HMR.) I work in the WI DR's Waste & Materials Management Program, and will share the information I collected about US including: WI DR's Air Management Program; and WI's Dept. of Health and Family Services, DOT requirements with other WI programs / agencies that regulate asbestos activities, Asbestos and Lead Program. Gretchen Wheat, P.E., Waste Management Engineer Wisconsin Department of Natural Resources Bureau of Waste and Materials Management gretchen.wheat@wisconsin.gov 608-267-0557 3/26/2007#