WTC waste manifest and labeling guidance, Feb 2002

NYC 9/11 Public Portal Document

Shipping Papers and Labels for Waste Shipments of Asbestos Containing Material from Cleanups Under the World Trade Center Indoor Dust Cleaning Program for Residences

Contractors working in the World Trade Center Indoor Dust Cleaning Program ("Program") have requested information about the form of the manifest and the label needed for disposal of waste generated from Scope A and Scope B World Trade Center ("WTC") residential cleanups.

Background

Asbestos waste is not a hazardous waste and accordingly is not regulated by the U.S. Environmental Protection Agency ("EPA") under the Resource Conservation and Recovery Act or by New York State under the State's hazardous waste law and regulations. Asbestos is a hazardous substance under the Comprehensive Environmental Response, Compensation and Liability Act. New York State does not have a manifest requirement for hazardous substances under its solid waste regulations. Nor does the New York State Department of Transportation have regulations for the transportation of hazardous substances. There are federal regulations addressing labeling and appropriate shipping paperwork for hazardous substances.

Under the U.S. Department of Transportation ("DOT") regulations, asbestos is listed as a hazardous substance and shipments of such hazardous substances are regulated by DOT. Among other things, the Hazardous Materials Table at 49 Code of Federal Regulations ("C.F.R.") § 172.101 identifies asbestos as a Class 9 waste with an identification number of NA2212 and a label code of 9. The table and the regulations at 49 C.F.R. Subchapter C - Hazardous Materials Regulations contain the DOT regulations for shipments of asbestos.

In the Program, EPA, in consultation with the New York City Department of Environmental Protection ("NYCDEP"), decided that the waste collected in the cleaning of homes would generally have less than 1% asbestos. Rather than paying to test the wastes generated from the cleaning, including, but not limited to, bulk wastes such as carpets and upholstered furniture, and awaiting the sampling results before taking any further action, EPA, in consultation with NYCDEP, decided to assume for packaging and disposal purposes that the waste generated from the Program meets EPA's definition for asbestos containing material ("ACM"), and it would be disposed of at a landfill permitted to accept ACM.

Manifest Form

For disposal of ACM in this Program, the cleaning contractors may use a modified manifest form which has been approved by EPA and DOT for the Program. The form is attached hereto as Attachment 1. On the manifest, the contractor should state for the site name: "World Trade Center Indoor Dust Cleaning Program." The modified form does not require the owner's name, address and phone number, but does require identification of the contractor and the contractors's certification. The waste is described as "RQ Asbestos, Class 9, NA 2212, PG III." The modified form requirep the following information:

1) Waste manifest number; 2) site name; 3) contractor's name and address; 4) waste disposal site; 5) responsible NESHAPs agency (i.e., EPA Region 2, 290 Broadway, New

NYC-WTC 000130609