Asbestos-Contaminated Soil
Regulations in Colorado
Colleen Brisnehan
Colorado Department of Public Health And Environment
Hazardous Materials and Waste Management Division
Background
Asbestos-contaminated soil
- Asbestos-contaminated soil has
been identified at several sites in
Colorado; it is also an emerging
national issue
- Potential exposure risks when
disturbed
- Proper management necessary to
prevent exposure
Background
• Management previously conducted under:
– Colorado Solid Waste Act and Regulations
– Colorado Hazardous Waste Act
– Air Quality Control Commission Regulation No. 8
• These regulations lacked specific requirements
for management of asbestos-contaminated soil
• Needed clear regulations that codified the riskmanagement approach already applied at sites
in Colorado
New Regulations
• Amendment to the Colorado Solid Waste
Regulations (6 CCR 1007-2, Part 1):
– Section 1.2 - Definitions
– Section 5.5 - Asbestos-Contaminated Soil
• Adopted February 15, 2006
• Became Effective April 30, 2006
Overview of Asbestos Exposure and
Risk Issues
• Asbestos is a generic term used to describe the fibrous varieties
of six minerals which fall into two categories: serpentine and
amphibole.
• Asbestos is known to be persistent in the environment.
• All types of asbestos are a known human carcinogen and can
cause nonmalignant lung and pleural diseases.
• The 1% threshold for asbestos in soil/debris may not be
protective of human health and should not be used as the default
action level (EPA, 2004).
• Soil/debris containing significantly <1% of all types of asbestos
can pose unreasonable risk to human health (EPA, 2004).
• Asbestos fibers in soil/debris do not inherently pose a risk to
human health if left undisturbed.
Overview of Asbestos Exposure and
Risk Issues (cont.)
• Health risks from asbestos-contaminated soil/debris will
depend on the potential for asbestos to become airborne
and be inhaled.
– EPA IRIS cancer risk-based acceptable (“safe”) level of asbestos
in air = 0.000004 f/cc at a risk level of 1 in a million.
– The concentration of asbestos in soil corresponding 0.000004
f/cc in air is not known at this time.
• Asbestos health risk assessment is an evolving science and
EPA is developing a risk assessment toolbox.
• Current risk assessment methods can be used to:
– Demonstrate complete exposure pathway(s); and
– Estimate risk qualitatively/semiquantitatively
Exposure Evaluation
• Several studies using a variety of approaches to evaluate
the release of asbestos fibers from significantly <1%
asbestos in soil/debris demonstrated:
– All types of asbestos fibers can be released into the air or
breathing zone during soil disturbing activities resulting in
unacceptable risk:
• Significantly above acceptable cancer risk level of
1 in a million at 0.000004 f/cc (EPA IRIS)
• Even above the OSHA limit of 0.1 f/cc, in some cases
Irrespective of fiber type or soil type, as low as 0.001 %
asbestos in soil can generate airborne respirable asbestos
concentration of >0.1 f/cc (Addison et al., 1988)
Exposure: Activity-Based Personal
Monitoring
• Libby studies (EPA, 2001 Weis Memo):
– Rototilling of garden soil (<1% asbestos)
• 0.066 f/cc in personal monitor (Cancer risk = 1 in 100,000)
• 0.019 f/cc in stationary monitor
– Soil bagging and sweeping floors (<1% to 6% asbestos)
• >5.0 f/cc (above OSHA limit of 0.1 f/cc)
• Oregon studies (EPA, 2004 Januch and McDermott):
– Leaf blowing (soil <1% asbestos)
• 0.045 f/cc for equipment operator
• 0.033 f/cc for observer
Exposure: Modified Elutriator Method
Berman and Kolk (2000)
• Initial Health Risk Assessment at the Former
Lowry Air Force Base, Colorado (Parsons, 2004):
<1% chrysotile in surface soil resulted in excess
potential cancer risks, for example:
– Running and walking by residents = 1 or 4 in 100,000
– Construction worker = 2 in 10,000
Overall potential risks are underestimated due to major limitations
of dust models used to predict airborne asbestos exposures
Assessment Of Health Risks For
Asbestos-Contaminated Soil/Debris
A.
Potential Exposure Pathways:
–
Outdoor activities routinely performed by residents
(child and adult), for example:
•
–
Gardening; rototilling; weeding; bagging and sweeping of
excavated soils; children playing with soil/debris;
Transport from outdoor to indoor:
•
•
•
Wind through open doors and windows
Track-in of adhered fibers on clothing and shoes of children
and adults, and through pet animals
Children physically carrying asbestos-contaminated
soil/debris
Outdoor and indoor asbestos sources act as a reservoir of fibers
that could continue to be released to the air as a result of routine
activities
Current Issues In Risk Assessment of
Asbestos-Contaminated Soil/Debris
Examples of Major Issues/Limitations:
• Improved methods are being developed for asbestos
analyses and to determine asbestos release
• Potential future indoor exposures as a result of outdoor-toindoor transport are difficult to quantify
• Exposure assessment provides a snap-shot in time
• Cancer and noncancer toxicity is being re-evaluated
• Better definition of asbestos fiber to relate to its toxic
potential is needed
Current methods for estimating asbestos exposure dose allow
qualitative/semiquantitative screening risk assessment
New Regulations - Our Goal
• Take a pragmatic approach to regulation of
asbestos-contaminated soil
– Management of disturbed soils; not remediation
– Triggers:
• visible asbestos
• reason to know asbestos is present in soil
– Key Sections: Applicability/Exemptions
• Put new asbestos-contaminated soil regulations
into Solid Waste Regulations
– HMWMD versus APCD (soil contamination;
not abatement)
– SW versus HW (asbestos is not a listed or
characteristic hazardous waste)
Changes to Solid Waste Regulations
1. Updates to existing language:
•
Section 1.2 – Definitions
•
Part 5 (Sections 5.1 though 5.4) –
Asbestos Waste Disposal Sites
2. New Section 5.5 for asbestoscontaminated soil
Section 5.5
Asbestos-Contaminated Soil
• Requires proper management - ONLY when
asbestos-contaminated soil is disturbed
– No requirement to ‘chase’ or remediate
asbestos contamination
• Clarifies requirements for:
– Identification
– Onsite management
– Disposition
Applicability
Owners or Operators of sites:
With asbestos-contaminated soil based on:
- visible observation
- past sampling, or
- knowledge/data of historical activities
And, with current or planned soil-disturbing activities
Removal of Asbestos-Containing Material
1. On a facility component
And, on or in soil that will be disturbed
And, below AQCC Regulation No. 8 trigger levels
2. Pieces that are not on a facility component
And, on or in soil that will be disturbed
Exemptions
Does Not Apply to:
• Removal of solely non-friable asbestos from soil
• Abatement of facility components under AQCC
Regulation No. 8
• Spill response under AQCC Regulation No. 8
• Naturally occurring asbestos
• “Background” not associated with site activities
• De Minimis Projects
- Less than 1 cubic yard
- And, using low-emission excavation methods
• Projects by home owner on primary residence
Key Definitions
Asbestos-Contaminated Soil
Soil containing any amount of asbestos.
Soil-Disturbing Activities
Excavation, grading, tilling, or any other
mechanical activity.
Facility Component
Any part of a “facility” including equipment.
“Facility” - as defined in AQCC Regulation No. 8
Unplanned Asbestos Discovery
• Immediate actions
– Stop soil-disturbing activities
– Control site access
– Stabilize surface soil
• 24-hour notification
– Property and project information
• Interim Actions
– Take appropriate measures to control emissions
– Submit a Soil Characterization and Management Plan,
or implement approved standard procedures
Planned Asbestos Management
• Ten working day notification
– Property and project information
• Soil Characterization and Management Plan
–
–
–
–
Site Information
Any proposed characterization
The proposed soil-disturbing activities
Proposed exposure mitigation and asbestos fiber
control measures
•
•
•
•
•
Site access control
Air monitoring plan
Emissions control plan
Exposure mitigation plan for asbestos left in place
Disposal plan
Remediation
If property owner chooses to remediate:
• Submit an asbestos remediation plan that
complies with Section 5.5 and includes:
- Soil Characterization and Management Plan
- Detailed description of planned remediation
- Proposed use of the property and area of
remediation
- Any planned engineering controls to prevent
exposure to any asbestos left in place
Training and Certification
• On-the-job asbestos-contaminated soil awareness
training
– Individuals conducting soil-disturbing activities
• Asbestos awareness training, in accordance with
OSHA requirements
– Individuals conducting soil-disturbing activities in areas
with asbestos
• Training conducted by:
– Asbestos Supervisor, Building Inspector or Project
Designer certified in accordance with AQCC Regulation
No. 8
– With 6 months of asbestos-contaminated soil experience
Training and Certification
(cont.)
• Inspection and identification of asbestos
– Asbestos Building Inspector certified in accordance with
AQCC Regulation No. 8
– And, with 6 months of asbestos-contaminated soil
experience
• Soil Characterization and Management Plans
– Prepared and signed by an Asbestos Project Designer
certified in accordance with AQCC Regulation No. 8
• Air monitoring
– By an Air Monitoring Specialist certified in accordance
with AQCC Regulation No. 8
Disposal
Asbestos-Contaminated Soil with:
• Visible friable asbestos
- Transported and disposed in leak tight containers
- Disposed of as friable asbestos waste
• Only visible non-friable asbestos
- Transported and disposed in leak tight containers
- Disposed of as non-friable asbestos waste
• No visible asbestos
- Transported and disposed in leak tight containers
- Disposed of in the same manner as non-friable asbestos waste
Soil that is not asbestos-contaminated can
be replaced into the disturbed area
Fees
• In accordance with Section 1.7.2
• Based on total documented costs
– Review of Soil Characterization and
Management Plan
– Review of related documents
– Department oversight activities
• Paid by the owner, operator, or
person conducting soil-disturbing
activities
Guidance Document
• Broad overview of asbestos-contaminted soil
– Solid Waste Regulations
– Hazardous Waste Regulations
– Voluntary Cleanup Program
• Best management practices and exposure
mitigation methods
• Working draft - continue to solicit stakeholder
input
• Update as necessary based on feedback during
implementation of the regulations
Additional Information
Solid Waste Regulations
http://www.cdphe.state.co.us/regulations/solidwaste/
100702disposalsites&facilities.pdf
Draft Guidance Document
http://www.cdphe.state.co.us/hm/asbestosinsoil.pdf
Contact Information
Colleen Brisnehan
(303) 692-3357
colleen.brisnehan@state.co.us