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