1. Asbestos-Contaminated Soil Regulations in Colorado
Colleen Brisnehan
Colorado Department of Public Health And Environment
Hazardous Materials and Waste Management Division

2. 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

3. 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 risk-management approach already applied at sites in Colorado

4. New Regulations
Amendment to the Colorado Solid Waste Regulations (6 CCR , Part 1):
Section Definitions
Section Asbestos-Contaminated Soil
Adopted February 15, 2006
Became Effective April 30, 2006

5. 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.

6. 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 = f/cc at a risk level of 1 in a million.
The concentration of asbestos in soil corresponding 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

7. 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 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 % asbestos in soil can generate airborne respirable asbestos concentration of >0.1 f/cc (Addison et al., 1988)

8. 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

9. 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

10. Assessment Of Health Risks For Asbestos-Contaminated Soil/Debris
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

11. 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-to-indoor 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

12. 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)

13. Changes to Solid Waste Regulations
Updates to existing language:
Section 1.2 – Definitions
Part 5 (Sections 5.1 though 5.4) – Asbestos Waste Disposal Sites
New Section 5.5 for asbestos- contaminated soil

14. 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

15. 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
On a facility component
And, on or in soil that will be disturbed
And, below AQCC Regulation No. 8 trigger levels
Pieces that are not on a facility component

16. 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

17. Key Definitions Asbestos-Contaminated Soil Soil-Disturbing Activities
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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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
Disposed of as non-friable asbestos waste
No visible asbestos
Disposed of in the same manner as non-friable asbestos waste
Soil that is not asbestos-contaminated can be replaced into the disturbed area

24. 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

25. 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

26. Additional Information
Solid Waste Regulations
100702disposalsites&facilities.pdf
Draft Guidance Document
Contact Information
Colleen Brisnehan
(303)