(,1 2 1/,1( - US EPA · device and fugitive emission monitoring, recordkeeping, and reporting for asbestos milling, manufacturing, and fabricating operations. ... demolition or renovation

Citation: 55 Fed. Reg. 48406 1990

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48406 Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 61

[AD-FRL-3814-7]

RIN 2060-AC57

National Emission Standards forHazardous Air Pollutants; AsbestosNESHAP Revision

AGENCY: Environmental ProtectionAgency.ACTION: Final rule.

SUMMARY: This Federal Register noticepromulgates rules under section 112 ofthe Clean Air Act (CAA) for asbestosemissions and is based on theAdministrator's determination thatasbestos presents a significant risk tohuman health as a result of airemissions from one or more sourcecategories and is therefore a hazardousair pollutant (see 36 FR 3031, March 31,1971). The purpose of the revisionspromulgated today is to enhanceenforcement and promote compliancewith the current standard withoutaltering the stringency of existingcontrols. On January 10, 1989 theEnvironmental Protection Agency (EPAor the Agency) proposed amendments tothe asbestos National EmissionStandard for Hazardous Air Pollutants(NESHAP) that would require controldevice and fugitive emission monitoring,recordkeeping, and reporting forasbestos milling, manufacturing, andfabricating operations. For planneddemolitions and renovations, revisionsto the notification requirements wereproposed, and safety was added as areason for exemption from the use ofwet removal methods. Recordkeepingrequirements were proposed forasbestos waste disposal. Clarifyingrevisions to several definitions andprovisions were also proposed.Numerous comments were received onthe proposed revisions, and today'snotice responds to those comments, andincorporates changes as a result of thosecomments.EFFECTIVE DATE: November-20, 1990.Under section 307(b)(1) of the Clean AirAct, judicial review of the actions takenby this notice is available only by filinga petition for review in the United StatesCourt of Appeals for the District ofColumbia Circuit within 60 Days oftoday's publication of these rules. Undersection 307(b)(2) of the Clean Air Act,the requirements that are the subject oftoday's notice may not be challengedlater in civil or criminal proceedingsbrought by EPA to enforce theserequirements.

ADDRESSES: Background informationdocument The background informationdocument (BID) for the promulgatedrevisions may be obtained from the U.S.EPA Library (MD-35), Research TrianglePark, North Carolina, 27711, telephoneno. (919) 541-2777. Please refer to"Background Information forPromulgated Asbestos NESHAPRevisions," (Publication No. EPA 450/3-90/017). The BID contains a summary ofall the public comments made on theproposed revisions and theAdministrator's responses to thecomments.

Dockets. Docket No. A-88-28 containssupporting information used indeveloping the final revisions to theasbestos NESHAP and is available forpublic inspection and copying between8:30 a.m. and 3:30 p.m., Monday throughFriday, at EPA's Air Docket (LE-131),Room M-1500, 1st Floor, WatersideMall, 401 M Street, SW., Washington,DC 20460. A reasonable fee may becharged for copying.

FOR FURTHER INFORMATION CONTACT.For further information and officialinterpretations of applicability,compliance requirements, and reportingaspects of the promulgated revisions,contact the appropriate Regional, Stateor local office contact as listed in 40CFR 61.04. For further information onthe background of the regulatorydecisions in the promulated revisions,contact Mr. Sims Roy, StandardsDevelopment Branch, EmissionStandards Division (MD-13), U.S.Environmental Protection Agency,Research Triangle Park, North Carolina27711, telephone no. (919) 541-5263. Forfurther information on the technicalaspects of the promulgated revisions,contact Mr. Ronald Myers, IndustrialStudies Branch, U.S. EnvironmentalProtection Agency, Research TrianglePark, North Carolina 27711, telephoneno. (919) 541-5407.

SUPPLEMENTARY INFORMATION:

I. The Standards

The promulgated revisions implementsection 112 of the Clear Air Act (CAA)and are based on the Administrator'sdetermination that asbestos presents asignificant risk to human health as aresult of air emissions from one or moresource categories and is therefore ahazardous air pollutant (see 36 FR 3031(March 31, 1971)). The revisionspromulgated today amend the asbestosNESHAP to enhance enforcement andpromote compliance with the currentstandard without altering the stringencyof existing controls.

Milling, Manufacturing and FabricatingThe revisions to the standards require

asbestos milling, manufacturing andfabricating sources to conduct dailymonitoring for visible emissions. Whilethe absence of visible emissions doesnot mean there are no asbestos fibersbeing emitted, the presence of visibleemissions does indicate a seriouscontrol device malfunction. Becausevisible emissions monitoring is intendedprimarily to detect serious controldevice malfunctions, weekly inspectionsof air cleaning devices are also required.In addition, the revisions promulgatedrequire these sources to maintainrecords of the results of visibleemissions monitoring and control deviceinspections, and to submit quarterly acopy of visible emissions monitoringrecords of visible emissions occurredduring the quarter. The revision requiresowners or operators who install fabricfilters after the effective date of this ruleto provide for easy inspection of thebags.

Demolition and Renovation

The revisions require the owner oroperator of a demolition or renovationactivity to provide additionalinformation in notifications, and torenotify EPA if the start date of ademolition or renovation changes fromthat given in the original notification.Another revision requires owners oroperators to give a 10-day notice forrenovations. A person trained in theprovisions of this rule and the means ofcomplying with them is required to beon site when asbestos-containingmaterial (ACM) is stripped, removed ordisturbed. When wetting is suspendeddue to freezing temperatures, owners oroperators are required to measure airtemperature in the work area threetimes during the workday and keepdaily temperature records for at least 2years. The revisions also clarify EPA'sposition regarding the handling andtreatment of nonfriable asbestosmaterials such as resilient floorcovering, including vinyl asbestos floortile. and roofing material.

Waste DisposalThe revisions require vehicles used to

transport asbestos-containing wastematerial to be marked with the signprescribed by the Occupational Safetyand Health Administration duringloading and unloading to warn people ofthe presence of asbestos. For allasbestos-containing waste materialtransported offsite, the revisions requirethat a waste shipment record (WSR) beprovided to the waste site owner oroperator at the time that the waste is

No. 224 / Tuesday, November 20, 1990,/ Rules and Regulations48406 Federal Register / Vol. 55,

Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations 48407

delivered to the waste disposal site. If acopy of the WSR signed by the wastesite owner or operator is not receivedwithin 35 days of the date the waste wasaccepted by the initial transporter, therevisions direct the waste generator tocontact the transporter and/or disposalsite owner or operator to determine thestatus of the waste shipment. Therevisions further direct the wastegenerator to submit an exception reportto EPA if a signed copy of the WSR isnot received within 45 days of the datethe waste was accepted by the initialtransporter. Labels are required oncontainers of asbestos-containing wastematerial from manufacturing,fabricating, demolition and renovationactivities indicating the name of thewaste generator and the location wherethe waste was generated.

Inactive Waste Disposal SitesThe revisions require the owner or

operator of an inactive waste disposalsite for a milling, manufacturing orfabricating operation to notify theAdministrator in writing prior toexcavating orotherwise disturbingasbestos-containing waste material thathas been deposited at the disposal siteand to record on the deed to theproperty a notation that will informfuture purchasers of the property that ithas been used for the disposal ofasbestos-containing waste material and* that the survey plot and record of thelocation and quantity of such wastematerial are on file with theAdministrator.

Active Waste Disposal SitesThe revisions require the owner or

operator of an active waste disposal siteto maintain WSRs and report in writingthe receipt of a significant amount ofimproperly enclosed or uncovered wasteto EPA by the following working day.The owner or operator of an activewaste disposal site is required by therevisions promulgated today to send asigned copy of the WSR back to thewaste generator no more than 30 daysafter receipt of the waste, to attempt toreconcile any discrepancy between thequantity given on the WSR and thequantity actually received and, failing todo so within 15 days after receiving thewaste, to report the discrepancy andany attempts to reconcile it to theAdministrator. The revisionspromulgated today also require theowner or operator of an active disposalsite to maintain records of the location,depth and area, and volume of asbestos-containing waste material within thedisposal site on a map or diagram of thedisposal area. Upon closure, the owneror operator must comply with all the

rules promulgated for inactive wastedisposal sites. A revision requires theowner or operator of an active wastedisposal site to notify the Administratorin writing prior to excavating orotherwise disturbing asbestos-containing waste material that has beendeposited at the disposal site andcovered.

Asbestos Conversion Processes

A section is promulgated to clarifythat operations that convert asbestos-containing waste material intononasbestos (asbestos-free) material arecovered by the NESHAP. The provisionspromulgated require the owner oroperator of such an operation to obtainprior written approval of theAdministrator to construct the facility,and conduct a start-up performance testusing specified analytical methods andprocedures. Requirements forcontinuous monitoring during and afterthe initial 90 days of operation,emissions control, maintenance ofrecords of test results on site, andreports to the Administrator are alsopromulgated today.

II. Environmental, Energy and EconomicImpacts

The environmental, energy, andeconomic impacts of the revisions fordemolition and renovation, includingwaste disposal, were estimated fromtwo baselines. One is full compliancewith the NESHAP, and the other iscurrent use of engineering controls andwork practices. Enforcement experienceindicates that many asbestos removaloperations related to demolition and thesubsequent waste disposal operationsare performed out of compliance withthe NESHAP. The lack of compliancewith the NESHAP removal provisionsleads to the improper disposal of somewaste, especially demolition waste, withthe result that emissions from thedisposal of demolition waste greatlyexceed other emissions, includingprocess emissions from milling,manufacturing, and fabricating. Liabilityand other considerations generally leadthe owners of buildings being renovatedto follow or even exceed therequirements of the NESHAP. Thus, theappropriate baseline for demolition iscurrent use of work practices ratherthan full compliance. At asbestosmilling, manufacturing; and fabricatingfacilities, the required air pollutioncontrol devices are generally in place.Thus, for milling, manufacturing, andfabricating, full compliance with theNESHAP, including the waste disposalrequirements, is assumed for thebaseline.

Few emission measurement data exitfor asbestos sources. Thus, emissionswere estimated using engineeringmethods and assumptions, whichresulted in substantial uncertainty. Adetailed description of the approachesused to estimate emissions is found in"Asbestos Emission Estimates forMilling, Manufacturing, Fabricating,Demolition, Renovation, and WasteDisposal," which is contained in DocketA-88-28. Estimated process emissionsunder the current NESHAP at fullcompliance for milling, manufacturing,and fabricating are approximately 7,400kg/yr. Based on current practices,estimated emissions from the removalactivities associated with demolitionand renovation are approximately 1,300kg/yr and estimated waste disposalemissions from all sources are 227,000kg/yr. If demolition and renovation werein full compliance, estimated emissionsfrom asbestos removal activitiesassociated with demolition andrenovation would be about 700 kg/yr.Estimated emissions from wastedisposal, assuming full compliance withthe NESHAP by all sources, would beabout 600 kg/yr.

The costs of the revisions areexpected to be small relative to normaloperating costs for these industries. Therevisions are intended to promotecompliance and enhance enforceability.Small additional costs are associatedwith the recordkeeping and reportingrequirements of the revisions. Economicimpacts of the promulgated alternativesare expected to be minimal. Adverseimpacts of the promulgated revisions onwater, noise, and energy wereconsidered. Due to the nature of therevisions, no significant adveirsbimpcts"on water, noise, or energy areanticipated.

Ill. Public Participation

The revisions were proposed andpublished in the Federal Register onJanuary 10,1989 (54 FR 912). Thepreamble to the proposed standardsrevisions noted the availability in thedocket of the supporting informationused in developing the proposedrevisions. Public comments weresolicited at the time of proposal.I To provide interested persons theopportunity for oral presentation ofdata, views, or arguments concerningthe proposed revisions, a public hearingwas held on February 8, 1989, atResearch Triangle Park, North Carolina.The hearing was open to the public, and6 persons presented comments.

The public comment period specifiedin the Federal Register notice was fromJanuary 10, 1989 to March 7, 1989. One

48408 Federal Register I Vol. 55, No. 224 / Tuesday, November 20, 1990 I Rules and Regulationshundred comment letters were receivedin response to the Federal Registerproposal. The comments have beencarefully considered and, wheredetermined to be appropriate by theAdministrator, changes have been madeto the proposed revisions.

IV. Significant Comments and Changesto the Proposed Revisions

Comments on the proposed revisionswere received from industry, tradeassociations and regulatory agencies. Adetailed discussion of these commentsand responses can be found in thepromulgation BID, which is referred to inthe ADDRESSES section of thispreamble. The comments and responsessummarized in the BID serve as thebasis for the changes that have beenmade to the revisions between proposaland promulgation. The major commentsand responses are summarized in thispreamble. Most of the comment letterscontained multiple comments.Significant comments have been dividedinto the following areas: demolition andrenovation, and waste disposal.

Demolition and Renovation

Nonfriable ACMComment: Several commenters argued

that the rule should be modified toclarify that certain products arenonfriable and, therefore, not regulated.Asbestos cement (A/C) products,including transite and exterior shingles,should be included among nonfriableproducts according to commenters IV-D-49, IV-D-72, and IV-D-93. Asbestos-containing flooring products, such as tileand sheet vinyl flooring, wereconsidered by several commenters (IV-D-15, IV-D-47, IV-D-48, IV-D-55, IV-D-84, and IV-D-95) to always benonfriable and exempt from the rule,with the exception of flooring that wasbeing sanded (IV-D-47, IV-D-48).Another commenter, IV-D-48, inreference to asbestos roofing products,argued that there is no basis in therecord for saying that severelyweathered asphaltic material couldbecome brittle. Commenters IV-D-21,IV-D-31, IV-D-48, IV-D-49, and IV-D-93 recommended that the rule beclarified to exempt all nonfriablematerials as the rule is currentlyunderstood. Commenter IV-D-93 arguedthat in present day ACM, the asbestosfibers are locked in cement orbituminous or resinous binders and thatthe materials can be removed anddisposed of without any significantrelease to the environment.

Response: In 1973 when the asbestosNESHAP rules were first promulgatedfor the demolition of buildings, EPA's

intention was to distinguish betweenmaterials that would readily releaseasbestos fibers when damaged ordisturbed and those materials that wereunlikely to result in the release ofsignificant amounts of asbestos fibers.To accomplish this, EPA labeled as"friable" those materials that werelikely to readily release fibers. Friablematerials, when dry, could easily becrumbled, pulverized, or reduced topowder using hand pressure. The term"reduced to powder" is readilyunderstood to mean that the affectedmaterial is changed to a dust or powderthat can become airborne. "Pulverized"indicates that the resulting material willinclude dust as well as a large numberof small pieces of the original material.The term "crumbled" indicates that theaffected material is easily (i.e., usinghand pressure) broken into a largenumber of small pieces. Although dust islikely to be produced as a result ofcrumbling, it is possible that there aresome types of materials that can becrumbled without producing dust. It isalso understood that crumbling refers toan action that occurs essentially in oneeffort and not to repeated attempts tocrumble the material. For example, floortile in good condition can be broken byhand into a few large pieces, but it is noteasily broken in one effort into manysmall pieces. On the other hand, floortile that has lost its structural matrix isin poor condition and can be broken intomany small pieces in one effort.

Later, EPA realized that, in someinstances, nonfriable materials thatwere subjected to intense forces, suchas the intense mechanical forcesencountered during demolition, could becrumbled, pulverized, or reduced topowder. In these instances, certainmaterials which had been considerednonfriable appeared capable ofreleasing significant amounts ofasbestos fibers to the atmosphere.Examples of practices that wereobserved by EPA to reduce otherwisenonfriable asbestos material to dustcapable of becoming airborne includedthe breaking of nonfriable insulationfrom steel beams by repeatedly runningover the beams with a crawler tractor.In view of the damage done to theseotherwise nonfriable materials and theresulting increased potential for fiberrelease, these and other similarpractices involving nonfriable asbestosmaterial were considered to rendernonfriable ACM into dust capable ofbecoming airborne.

As a result, EPA issued a policydetermination in 1985 regarding theremoval of nonfriable asbestos materialthat was consistent with EPA's intent to

distinguish between material that couldrelease significant amounts of asbestosfibers during demolition and renovationoperations and those that would not.This policy determination stated inessence that any ACM, whetheroriginally friable or nonfriable thatbecome (or are likely to become)crumbled, pulverized, or reduced topowder are covered by the NESHAP.Specifically, the determination statedthat* * even though the regulations addressonly material that is presently friable, it doesnot limit itself to material that is friable at thetime of notification. Rather, if at any pointduring the renovation or demolition.additional friable asbestos materialis * * * created from nonfriable forms, thenthis additional friable material becomessubject to the regulations from the time ofcreation * * *

The issuance of this determination,didnot alter the intent of the NESHAP, butwas consistent with the intent of thestandard that was written to preventsignificant emissions of asbestos fibers.The intent of the policy determinationwas that it apply narrowly to specificinstances where otherwise nonfriablematerials would be damaged duringdemolition or renovation to the extentthat significant amounts of asbestosfibers would be released to theatmosphere. A statement in thedetermination to the effect that somenonfriable materials may remainnonfriable throughout demolition andrenovation is evidence that thisdetermination was intended to benarrowly interpreted and not used torequire removal of all nonfriablematerials. For example, materials suchas resilient floor covering, asphaltroofing products, packings, and gasketswould rarely, if ever, need to beremoved because, even when broken ordamaged, they would not releasesignificant amounts of asbestos fibers.But, just as it is important to recognizethat some nonfriable materials do nothave to be removed prior to demolition,it is also important to recognize thatsome nonfriable materials should beremoved prior to demolition if, as aresult of the forces of demolition,nonfriable material is likely to becomecrumbled, pulverized, or otherwisereduced to powder. For example, theA/C siding on a building that is to bedemolished using a wrecking ball is verylikely to be crumbled or pulverized withincreased potential for the release ofsignificant levels of asbestos fibers.Such material in this instance should beremoved prior to demolition.

Since this policy determination wasmade, there has been some confusion in

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its application. As a result, contractorsoperating in more than one enforcementjurisdiction have encountered differentinterpretations for similar demolitionoperations. For example, there have -

been instances in which contractors are.required, prior to demolition, to removefloor tile in one enforcement jurisdictionbut not in another. Contractors and/orbuilding owners and operators areunsure as to what materials must beremoved and what materials can be leftin place and are often hesitant toproceed without a ruling from;EPA,which can involve significant 'delays.

As a consequence, EPA received anumber of requests from State andregional enforcement agencies to clarifywhat is required under the NESHAP indealing with nonfriable materials sincethe 1985 policy 'determination wasissued. In response to these requests, aclarification of the nonfriable issue wasincluded in the revisions proposed onJanuary 10, 1989. These revisions wereintended to clarify the intent of theoriginalrule. Basically, EPA stated inthe January 10. 1989, Federal Registernotice that certain nonfriable materials,such as floor tile, roofing products, andpackings and gaskets that are in goodcondition, can be left in buildings beingdemolished because fiber release fromthese materials, even if the materials aredamaged, is relatively small comparedto the fiber release from friablematerials. Other nonfriable productssuch as A/C products have a greaterpotential to release asbestos fiberswhen heavily damaged and may have tobe removed prior to demolition.

In response to the revisions proposedon January 10, 1989, numerouscomments were submitted to EPA. Manyof the commenters argued that EPA wasattempting to regulate nonfriablematerials, which were explicitlyexempted in previous asbestos NESHAPrulemakings. Many comments statedthat the proposed revisions did not helpto clarify EPA's position on nonfriablematerial and may have made mattersmore confusing.

In responding to the comments, aliterature survey was conducted todetermine if it was possible to quantifythe fiber release potential of nonfriablematerials when they are damagedduring demolition. All of the availabledata on fiber release from floor tile,roofing products, gaskets, packings, andA/C products was reviewed. In someinstances, the fiber release data weremeasured during actual removaloperations, while other data were -fromsimulated removal activities inlaboratory settings. For the materialsevaluated, the potential for fiber release

appeared minimal and substantiallylower than for friable materials. Thesefindings, while uncertain, support EPA'soriginal argument that there is a basisfor making a distinction betweenmaterials that readily release fibers andthose that do not.

As a result of the comments receivedon this issue and the additionalinformation gathered in response tocomments, EPA has been able tocompile a list of nonfriable ACM fhat,under normal conditions, do not have tobe removed prior to demolitionoperations. These ACM are notexpected to release significant amountsof asbestos fibers to the outside airduring demolition and, consistent withthe intent of the existing standards, arenot being regulated. A definition of"category I nonfriable ACM" is added tothe final rule, which lists resilient floorcovering, roofing products, gaskets, andpackings. However, if these materialsare in poor condition and are friable orthey are subjected to sanding, grinding,cutting, or abrading, they are to betreated as friable asbestos material.Category I nonfriable ACM that is inpoor condition, but is not friable andwill not be subjected to sanding,.grinding, cutting, or abrading, is notsubject to the NESHAP. "In poorcondition" has been defined to meanthat the binding of the material is losingits integrity as indicated by peeling,cracking, or crumbling of the material.Other nonfriable materials are identifiedas Category II nonfriable ACM and haveto be evaluated on a case-by-case basis.Category I materials that becomecrumbled, pulverized, or reduced topowder during removal or duringdemolition are covered by the NESHAP.Broken ACM

Comment: Commenters IV-D-47, IV-D-89, IV-D-93, and IV-D--95 explainedthat use of the term "broken" todescribe materials that are subject tothe rule is inconsistent with the currentNESHAP and expands coverage of theNESHAP. These commenters stated thatmerely breaking nonfriable materialdoes not equate to fiber release. Onecommenter, IV-D-89, noted thatnoncompliance may increase wherenonfriable material is broken duringdemolition or renovation, but is notcontrolled or reported according to theNESHAP.

Response: After considering this issue,EPA agrees with commenters thatretaining the word "broken" could beinterpreted as substantially increasing

-the scope of the standard and, therefore,has removed it from the definition. Mostnonfriable materials can be brokenWithout -releasing significant quantities

of airborne asbestos fibers. It is onlywhen the material is extensivelydamaged, i.e., crumbled, pulverized, orreduced to powder, that the potential forsignificant fiber release is greatlyincreased. Also, in the definitions of"asbestos-containing waste material,""friable asbestos material," andelsewhere, the word "broken" isdeleted. The EPA is planning to issueadditional information in the future onthis and other aspects of the NESHAP tohelp enforcement officials and theregulated community interpret andapply the NESHAP provisions.

Inspections

Comment. Three commenters arguedthat EPA should include mandatory

-asbestos surveys.in the rule. CommenterIV-D-4 stated that EPA should requiresurveys for all buildings prior to andseparate from any demolition or "renovation activity. Commenter IV-D-4stated that such building surveys couldbecome part of a public record, makingthe absence of a survey a violation.Commenter IV-D--4 noted that, if thesurvey indicated that a structure wasasbestos free, all notification andenforcement costs would be eliminated.;Also, commenter IV-D-4 explained thata demolition without proper notificationcould be easily established later.

Commenters IV-D-57 and IV-D-84stated that EPA's requirement to surveybuildings prior to demolition andrenovation is implicit and should bemade explicit and require that surveysbe performed by an accredited asbestosinspector. Commenter IV-D-57 alsonoted that OSHA requires a buildingsurvey by a competent person andstated that EPA should similarly requirea site-specific survey before demolition,with details on how the building will bedemolished and how the'asbestos willbe controlled.

-Response: The EPA currently requiresthat a facility be inspected for asbestosprior to demolition or renovation. As aresult of the survey, information on theasbestos material present, the nature ofthe demolition or renovation, andmeasures that will be taken to controlemissions of asbestos must be reportedto EPA. Commenters IV-4D-57 and IV-D-84 are correct in saying that it is animplicit requirement and that it is notstated explicitly in the rule. The finalrule expressly requires a facility surveyfor asbestos prior to demolition orrenovation. Although previously

. implied, this revision clarifies EPA'sposition on the requirement to performbuilding surveys.

The EPA also considered thesuggestion to require that surveys be


performed by an "accredited" inspectoror by a "competent" person as requiredby OSHA. OSHA's requirement to havea competent person perform' anengineering survey prior to demolition(29 CFR 1926.850) is to ensure that thestructural integrity of a structure issufficient to prevent worker injurycaused by the unplanned collapse of anyportion of the structure; a search forasbestos is not required. An accreditedinspector or competent person canperform the survey although using suchindividuals is not required. Using anaccredited inspector and following theAHERA requirements for buildinginspections would help ensure-athorough inspection of the facility asrequired by the NESHAP. However, EPAhas not had this requirement before anddid not propose such a requirement. TheEPA will consider a requirement to useaccredited inspectors in futureamendments to the rule.

Commenter IV-D-4's suggestion torequire the survey of all buildings inadvance of demolition or renovationwould increase the stringency of theregulation by requiring all owners andoperators to survey their facilities forasbestos even when no demolition orrenovation operations were planned.The revisions proposed on January 10,1989, are intended to clarify the rule andpromote compliance. The need for arevision that would affect stringencymay be considered at a later date.However, such a requirement wouldrequire a substantial commitment ofresources to perform surveys of allexisting buildings. In addition, it is notclear that it would always negate theneed for pre-demolition inspections inthe future.Friable Asbestos Material-AnalyticalMethod

Comment: Commenters IV-D-17, IV-D-35, and IV-D-70 supported theproposed changes to the definition of"friable asbestos material," specificallythe change to percent by area.Commenter IV-D-69 argued that to gofrom percent weight to percent area mayhave a major impact on coveragebecause there may be widediscrepancies in the results reported bythe two methods. Commenter IV-D-69provided an example of this, stating thata cement-based fireproofing thatcontained 30 percent asbestos by areacontained less than 1 percent by weight.Commenter IV-D-70 felt that thedefinition of "friable asbestos material"was appropriate; however, the methodreferenced should not be limited to pointcounting in view of 47 FR 1982, p. 38535,which clarifies the acceptability of "anequivalent estimation method."

Commenter IV-D-78 stated that thedefinition would require asbestoscontent to be determined bytransmission electron microscopy (TEM)analysis, and that the high cost of TEMshould be considered. Commenter IV-D-78 recommended that the currentmethod continue to be accepted withTEM specified over other methods.

Response: The revisions to theasbestos NESHAP proposed on January10, 1989 would have changed thedefinition of "friable asbestos material"from. "greater than I percent weight" to"greater than 1 percent area" andreferenced a method for the analysis.Because the method referenced actuallycontains two analytical methods-polarized light microscopy (PLM) whichcurrently measures area, and x-raydiffraction (XRD) which measuresweight-EPA has modified the definitionto specify the PLM method to avoidpossible confusion as to which methodis referenced. Because the PLM pointcounting method measures percent area,the phrase "by area" is not necessaryand has been taken out of the definition.The difference between percent areaand percent weight depends on thedensity and volume of materials in thesample. These relationships aredescribed in Asbestos Content in BulkInsulation Samples: Visual Estimatesand Weight Composition (EPA-560/5-88-011. September 1988). However, thefact remains that the PLM procedureused to determine the amount ofasbestos in building materials (InterimMethod for the Determination ofAsbestos in Bulk Insulation Samples(EPA.-600/M4-82-020, December 1982)measures percent area. and not percentweight. PLM laboratories polled atmeetings of the Nationial AsbestosCouncil admitted that percent area iswhat they measure and report.Accordingly, there should be no impacton the standard from the proposedchange.

Point counting is not required for thePLM procedure. An equivalent visualestimation technique may be used.Visual estimation may be made duringmacroscopic examination with astereobinocular microscope, resulting ina volumetric estimation of components.For most samples, quantitation bymacroscopic examination is preferred.Visual estimation may also be madeduring polarized light microscopy (PLM)examination, resulting in a projectedarea estimation of components.However, if the asbestos content isestimated to be less than 10 percent by amethod other than point counting, suchas visual estimation, EPA has revisedthe definition to require that the

determination be repeated using thepoint counting technique with PLM.Point counting, a systematic techniquefor estimating concentration, may alsobe useful in quality assurance activities,especially in establishing a relationshipbetween point counts and visualestimation procedures.

The accuracy of quantitative datafrom either technique of estimation isdependent upon several factors,including: sample homogeneity, asbestoscontent, asbestos fiber size, thepresence of interfering matrix/bindermaterial, and the skill of themicroscopist. It is suggested that -thequantitation skill of the microscopistmay be improved and concurrentlyverified through the use of calibrationstandards. These standards may includewell-characterized bulk materials or in-house calibration standards formulatedby mixing known weights of commonlyavailable fibrous (asbestos, cellulose,glass, etc.) and nonfibrous (plaster, clay,vermiculite, calcium carbonate, etc.)materials.

For some materials, experience hasshown that gravimetry (gravimetricsample reduction) is a viable techniqueto aid in the determination of asbestoscontent. The technique involves thesystematic removal (and determinationof the resulting weight loss) ofinterfering components, and theconcentration of asbestos in a residue,the components of which are identifiedby PLM. EPA is currently conductingresearch to develop procedures that willhelp determine the appropriateanalytical procedure to use based on thetype of material, the level of asbestospresent in the material, as well as otherfactors.

TEM is not recommended for routineanalysis of bulk samples. TEM may beuseful in the analysis of specialmaterials containing finely dividedasbestos particles. The EPA is currentlyreviewing procedures for analyzing bulksamples for asbestos. Underinvestigationare procedures that woulddetermine what analytical techniquesare appropriate for bulk-samples of

-different materials and differentasbestos contents. For example, asimple visual estimation technique maybe appropriate for the initial screening -of bulk samples of friable material. If thevisual estimation technique indicatesthat the asbestos content is less than 10percent, additional quantitation by pointcounting would be required. If thematerial to be analyzed containsasbestos fibers below the limit ofresolution for PLM, which is often true-of floor tile, then analysis by TEM isappropriate.


Method of Notification

Comment: Several comments werereceived on the requirement to usecertified mail for notifying EPA. Most ofthe commenters objected to the use ofcertified mail to the exclusion of othermethods.

Commenters IV-D-23, IV-D-24, IV-D-25, IV-D-42, IV-D-78, IV-D-59, and IV-D-65 considered the certified mailrequirement to be unnecessary for EPAto achieve the intended purpose of thenotification process. It was stated thatcertified mail would require a trip to apost office, which is a deterrent totimely notification. Commenters IV-D-23, IV-D-24, IV-D-41, and IV-D-78argued that notification by telefaxmachine may be more practical thancertified mail. Commenters IV-D-25, IV-D-65, and IV-D-83 suggested thatnotification by telephone or telefax beallowed, followed by a writtennotification. Commenters IV-D-24, IV-D-25, IV-D-42, and IV-D-65 observedthat regular mailing of notices workssatisfactorily and should be allowed.Commenters IV-D-28 and IV-D-66favored allowing the use of overnightmail.

Commenter IV-D-59 argued that, if aState agency has jurisdiction, themethod of notification should be left upto the State agency.

Commenter IV-D-32 argued that allnotifications should be in writing

.because telephone notification does notresult in a legally enforceable writtenrecord. Also, commenter IV-D-32 statedthat allowing the use of telephoneswould promote schedule changes forminor reasons that would not otherwisebe considered.

Response: Several of the commentersobjected to the required use of certifiedmail even though EPA proposed the useof certified mail as a way of ensuringthat owners/operators had proof ofnotification. In view of the negativecomments and after reconsidering theissue, the EPA has decided not torequire certified mail although its usewould be allowed. The use of the regularmail system, i.e., U.S. Postal Service, hasworked satisfactorily in the past andwill continue to be allowed. Also,because the rule specifies postmark

....or deliver * * * privateovernight mail delivery is permitted.

Regarding the use of telephonefacsimile (fax) machines to transmitnotices, EPA does not consider thesesystems to be sufficiently reliable, atthis time, to allow their use. Often, it isdifficult to know whether a transmissionwas successful. Disadvantagesassociated with their use includeoccasional incomplete transmissions

and transmissions of poor qualityrequiring faxed messages to be followedby telephone contact to confirm propertransmission. More than onetransmission may be required. In-someinstances, quality cannot be improved.Also, because of competing messages, itoften requires a long time' before a faxcan be properly transmitted andverified. The EPA may consider the useof facsimile machines in the future whentheir reliability has been improved.

The EPA does not consider itnecessary to allow the use of thetelephone for the original notification ofa demolition or renovation activitycovered by this standard. Thenotification must be in writing.

Where States or local authoritiesenforce their own asbestos regulations,they may choose the notificationprocedures. But if a State is delegatedauthority for enforcing the NESHAP,then they must adhere to the NESHAP'srequirements.

The EPA is in agreement with thecommenter who favors writtennotifications over telephonenotifications and the final rule continuesto require the former.

It should be noted that OSHA hasrecently proposed notificationrequirements (55 FR 29712, July 20, 1990)similar to those in the NESHAP. TheEPA is coordinating with OSHA duringtheir rulemaking to determine the mostefficient mechanism to avoid duplicationand ensure that both EPA and OSHAreceive adequate notice without undulyburdening industry.

Renotification

Comment: Numerous comments werereceived on the proposed renotificationrequirements. Although a few favoredthe requirements as proposed and a fewthought the requirements should bemore stringent, most of the commentersfavored the use of telephonerenotification. The comments were asfollows:

Commenter IV-D-28 disagreed withthe NADC comment in the proposalpreamble that renotification bytelephone should be allowed;commenter IV-D-28 recommended a 10-day written notice for all projects.

Commenter IV-D-21 suggested thatthe renotification provisions be mademore flexible by allowing the actualstart date to vary by a couple of days forprojects lasting longer than 5 daysbefore requiring the owner/operator torenotify.. Commenters IV-D-21, IV-D-25, IV-D"

26, IV-D-36, IV-D-37, IV-D-41, IV-D-42. IV-D-45, IV-D--46, IV-D-49, IV-D-50, IV-D-58, IV-D-59, IV-D-60, IV-D-61, IV-D-62, IV-D-65, IV-D-69, IV-D-

71, IV-D-73, IV-D-74, IV-D-76, IV-D-87, IV-D-88, and IV-D-94 suggested thatEPA allow the use of some other meansbesides certified mail for renotification,such as same day telephone or telefaxmessages, when a 5-day written noticewould further delay the project. Thiswould be simpler and less time-consuming. Commenter IV-D-41 alsosuggested that, when it is feasible toprovide a 5-day written notice, i.e.,delays are known at least 5 days inadvance, then such notice would beprovided. Also, as commenters IV-D-46,IV-D-49, IV-D-50, IV-D-58, IV-D-60,IV-D-62, IV-D-69, and IV-D-73suggested, a telephone notice could befollowed by a written notice.

According to commenters IV-D-23,IV-D-24, IV-D-36, IV-D-37, IV-D-41,IV-D-42, IV-D-43, IV-D-45, IV-D-46,IV-D-49, IV-D-50, IV-D-51, IV-D-58,IV-D-59, IV-D-63, IV-D-64, IV-D-73,IV-D-75, IV-D-76, IV-D-78, IV-D-87,IV-D-88, and IV-D-94, there arenumerous unforeseen factors, such asequipment mobilization problems,personnel availability, weather, or otherproject difficulties, that can cause aremoval project to start on a date otherthan the one submitted in the originalnotification. These commentersexplained that the proposedrenotification requirements, with theiradditional waiting requirements, couldresult in unreasonable project delaysand significantly increased project costs.Several of these commenters andcommenter IV-D-84 suggested that EPAallow a project to start within somereasonable period of time, such as acouple of days, of the original start datewithout having to renotify EPA inwriting. The EPA should provide forsome flexibility in predicting the exactstart date. In the experience of one ofthe commenters, jobs usually startwithin a day or two of the scheduleddate.

Response: The EPA agrees that a 10-day advance notice is appropriate fordemolitions and renovations that can beplanned, for and scheduled. In somesituations, however, such as emergencyrenovations or government-ordereddemolition of buildings that are indanger of imminent collapse, EPAconsiders shorter notification periodsappropriate. For renotification, a 10-dayadditional waiting period would beexcessively burdensome.

The EPA has considered thesuggestion that telephone renotificationbe permitted and has determined thatproviding for the use of the telephone,

-followed by a written notice; wouldprovide the necessary flexibility andwould be in the best interests of both

No. 224 / Tuesday, November 20, 1990 / Rules and Regulations

the regulated community and EPA. TheEPA does not want to interfere withcommerce by requiring a 5-day waitingperiod for a written renotification whena telephone call followed by a writtenrenotification would suffice. Nor doesEPA wish to make useless visits to jobsthat have been rescheduled because awritten renotification of a change instart date was not received in time.

Emergency Renovation

Comment: Commenters IV-D--9, IV-D-14, IV-D-41, IV-D--42. and IV-D-49stated that the scope of the term"emergency renovation operation"should not be limited to events resultingin "unsafe conditions," but shouldinclude events such as fires, rupturedpipes, boiler failures, and othersituations that could present potentialpublic health or safety hazards if notimmediately attended to. CommenterIV-D-18 asked if the definition wouldinclude the release of asbestos into theair. Commenter IV-D-63 recommendedthat the definition include operationsnecessary to protect equipment fromsignificant damage.

Response: Events that wouldnecessitate an emergency renovationinclude those that may produceimmediately unsafe conditions as wellas those that, if not quickly remedied,could reasonably be foreseen to result inan unsafe or detrimental effect onhealth. For example, a boiler in anapartment building that suddenlymalfunctions during the winter wouldneed to be repaired immediately. Toprotect equipment from significantdamage and to avoid imposing anunreasonable financial burden byrequiring sources that experience asudden unexpected equipment failure towait 10 days, the final rule includesequipment damage and financial burdenas additional reasons for emergencyrenovations, and the definition ofemergency renovation is revisedaccordingly.

Definition of Facility

Comment: Several commenters arguedthat the exclusion of residentialfacilities having four or fewer dwellingunits should bc eliminated. CommenterIV-D-89 asserted that residentialdemolition and renovation andassociated waste disposal involvesignificant quantities of asbestos andshould be regulated. Commenter IV-D-.54 argued that residential buildingshaving four or fewer units should not beexempt from the work practicesprovisions even if they are exempt fromthe notification requirements.Commenter IV-D-94 recommended thatonly facilities with one dwelling unit be

excluded because renters of apartmentsare frequently exposed as a result ofasbestos work performed by untrainedworkers.

Response: The recommendation toremove the exemption for residentialfacilities having four or fewer dwellingunits would expand the scope of therule. Revisions that alter stringency maybe considered during a later rulemaking.However, EPA does not considerresidential structures that aredemolished or renovated as part of acommercial or public project to beexempt from this rule. For example, thedemolition of one or more houses as partof an urban renewal project, a highwayconstruction project, or a project todevelop a shopping mall, industrialfacility, or other private development,would be subject to the NESHAP. Norwould the conversion of a hotel or largeapartment building to a condominium, acooperative, or a loft exempt thestructure from the NESHAP. To clarifythat condominiums, cooperatives, andlofts which exceed four dwelling unitsare subject to the NESHAP, thedefinition of facility has been modifiedaccordingly. The owner of a home thatrenovates his house or demolishes it toconstruct another house is not to besubject to the NESHAP.Definition of Installation

Comment: Commenter IV-D-83argued that the definition of"installation" needs clarification andasks whether a group of residentialbuildings would be excluded. Thecommenter argued that a group ofresidential buildings at one locationbeing demolished or renovated by onedeveloper should be covered.

Response: A group of residentialbuildings under the control of the sameowner or operator is considered aninstallation according to the definitionof "installation" and is, therefore,covered by the rule. As an example,several houses located on highwayright-of-way that are all demolished aspart of the same highway project wouldbe considered an "installation," evenwhen the houses are not proximate toeach other. In this example, the housesare under the control of the same owneror operator, i.e., the highway agencyresponsible for the highway project.Training

Comment Commenters IV-D-18 andIV-D-60 recommended that a refreshercourse be attended every 2 years.

Response: Regarding the commenterswho recommended that refreshercourses be taken every 2 years, EPAagrees and has modified the rule torequire refresher courses. The EPA

considers such additional trainingimportant to maintain familiarity withthe NESHAP as well as to keep abreastof any changes in the standards.

Sanding. Grinding, or AbradingNonfriable ACM

Comment: Commenters IV-D-15, IV-D-47, IV--D-48. IV-D-55, IV-D--84, andIV-D-95 considered asbestos-containingflooring products, such as tile and sheetvinyl flooring, to always be nonfriableand exempt from the rule, with theexception of flooring that was beingsanded (Commenters IV-D-47 and IV-D-48.)

Response: The EPA considers thedeliberate sanding, grinding, or abrading(including drilling, cutting, and chipping)of all nonfriable materials, includingresilient floor covering, asphalt roofingmaterial, packings, and gaskets to besources of asbestos emissions and therevisions require otherwise nonfriableACM to be treated as if it were friablewhen it is sanded, ground or abraded.

Also, a definition of "grinding" isadded to clarify the types of activities,especially those involving nonfriableasbestos materials, that are subject tothe regulation. For example, typical floortile removal methods, such asmechanical chipping, result in the floortile being broken up into numerous smallfragments. This removal method issubject to the NESHAP provisions.Other floor tile removal methods areavailable that do not result in thematerial being so severely damaged.Such methods include the use of heatfrom heat guns or electric heatmachines, the use of infrared machines,flooding with water or amended water,and the use of dry ice or liquid nitrogen.These methods when properly utilizedallow the tiles to be removed with aminimum of damage to the tiles andwould not be subject to the NESHAP.

Definition of Nonfriable AsbestosMaterial

Comment: Commenters IV-D-15 andIV-D-69 asserted that the meaning of'nonfriable" is unclear because it wasnot defined in the revisions proposed onJanuary 10, 1989. A problem may resultif it is considered the opposite of friable.Commenter IV-D-39 also argued for adefinition of "nonfriable" and assertedthat, like "friable," the threshold of atleast 1 percent by area should apply.

Response: The EPA agrees that themeaning of "nonfriable" needs to beclarified. A definition of "nonfriableasbestos material" has been added tothe final rule. The EPA considersnonfriable asbestos material to bematerial containing more than 1 percent

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No. 224 / Tuesday, November 20, 1990 / Rules and Regulations 48413

asbestos by area that cannot becrumbled, pulverized, or reduced topower by hand pressure. However, somenonfriable asbestos materials can becrumbled, pulverized, etc., in the courseof demolition/renovation operationsleading to asbestos emissions and are,therefore, subject to control under theNESHAP.Waste Disposal

MarkingComment: Commenters IV-D-61 and

IV-D-98 asserted that the term"placard" is inappropriate because ithas a specific application under DOTregulations for hazardous wastetransport, and that the proposal shouldbe revised to maintain the distinctionbetween "marking" and "placarding" aswas done in RCRA and TSCArulemakings.

Response. The EPA has modified thefinal rule to replace the term "placard,"a term used by the DOT in its regulationof the transportation of hazardousmaterials,-with the term "mark" assuggested by the commenters. Thisshould help avoid confusing DOTrequirements with requirements underthe NESHAP.

LabelingComment: Commenters IV-D-18, IV-

D-28, IV-D-41, and IV-D-84recommended that EPA in Section61.150, and perhaps elsewhere, cite'onlyOSHA labels and delete references toother labels because OSHA requires theuse of their labels inall cases.,

Response: The EPA agrees with thecommenters who suggest that onlyOSHA labels be required on containersandhas revised the final ruleaccordingly.

Offsite DisposalComment: Two commenters were

;concerned with placarding and otherrequirements of § 61.149(d). CommenterIV-D-22 stated that-his company movestailings from the mill by dump truck or,earth-moving equipment to a disposalsite on company property and wouldlike the requirements for placards, etc.,in § 61.149(d) changed so that theywould apply only to -transport to anoffsite disposal facility.

Commenter IV-D-93 also suggestedthat the requirements of § 61.149(d)should apply only to vehicles

* transferring waste offsite.Response: Although company

personnel may not require a warningthat asbestos waste is being otransported, others who are on site andwho are not company employees, e.g.,vendor and construction personnel,

clearly do. Further, OSHA requires thatworkers be informed of hazards towhich they are exposed. Accordingly,EPA believes the provisions of§ 61.149(d) are appropriate as proposedand should not be changed as suggested.

EPA Identification Number

Comment: Several commentsaddressed the proposal to assignidentification numbers to generators ofasbestos waste. Most of the commentersfound the requirement confusing.Commenters IV-D-9 and IV-D-49 statedthat the system of using EPAidentification numbers is confusing andmisleading and should be subject topublic comment rather than tacked ontothe final version of the amendments.Commenter IV-D-25 wondered how thesystem is to operate and whether theywould use the number they already havefor hazardous waste. Commenter IV-D-26 was unclear as to who the generatorwould be and suggested that theabatement contractor be considered 'thegenerator. Commenter IV-D-28 thoughtthat this requirement would generate alist of one-time generators, and that itshould be deferred for further study.Commenter IV-D-41 asked if RCRAhazardous waste identification numberswere going to be assigned to asbestoswaste generators. As explained bycommenter IV-D- 61,not all generatorswill have anEPA identification numberas required in § 61.150(d) (1)(i) and (4)(i).Commenters IV-D-62 and IV-D-63expressed confusion over the proposedidentification number and urged that asingle. number be assigned to an entirecompany,'rather than to each building orfacility. Commenter IV-D-18 asked howthe identification numbers are to bedetermined and assigned; is it tobedone now; and, if the program isdelegated to a State or local program,would this require a State identificationnumber?

Response: Because of the confusionexpressed by all the commenters overhow a system' of assigning identificationnumbers to asbestos waste generatorswould work, EPA has reconsidered thisrevision and'has decided to delete therequirement for an identificationnumber. The EPA is confident that, evenWithout such a unique numberingsystem, it will be possible to track Wasteshipments for the purpose of pursuingenforcement actions.

Semiannual Reports

Comment: Commenter IV-D-4opposed semiannual reporting bygenerators or disposal sites butrecommended exception reporting byboth. Commenter IV-D-9 noted thatsemiannual reporting is also redundant

in view of the Superfund Amendmentsand Reauthorization Act (SARA) TitleIII regulations. Commenters IV-D-28,IV-D--39, IV-D-41, IV-D-75, and IV-D-83 asserted that EPA should delete thesemiannual reporting requirement in§ 61.150(d)(4) because it is redundantsince the information is also providedon the waste tracking form and will justadd more paperwork. Commenter IV-D-94 was concerned that small, rurallandfills will use the proposedrecordkeeping requirements as anexcuse to refuse to accept asbestoswaste, which could increase illegaldumping. Commenter IV-D-94 statedthat the regulation in effect-prior to theJanuary 10, 1989, proposal should beretained.. Commenters IV-D--24, IV-D-61, andIV-D-62 noted that most wasteshipment reporting now occurs on anannual basis and that they preferredannual to semiannual reporting.Commenter IV-D-41 recommended thatEPA adopt the biennial reporting usedby EPA's Office of Solid Waste (OSW].Commenter IV-D-65 stated that, ifnecessary, EPA should supplement theexisting biennial RCRA report. -

Commenter IV-D-63 asserted that it isunnecessary for the generator to submitsemiannual waste disposal reports.Commenter IV-D-81 stated that theproposal imposes redundant reportingrequirements on owners/operators dueto § 61.150(c)(4).

Commenter IV-D-51 argued thatindustrial landfills on site. that aresubject to RCRA and State statutesshould be exempt from the reporting andrecordkeeping requirements of§ 61.150(d). Commenter IV-D-55 statedthat § 61.150(d) does not defineadequately who keeps disposal recordsand who submits semiannual reports.Commenter IV-D-55 felt that buildingowners are unfamiliar with the reportcalled for in § 61.150(d)(4).

Response: Upon additionalconsideration of this provision, EPA hasdecided to omit the requirement forsemiannual reporting from today's rule.This decision is based in part on severalcomments opposing semiannualreporting as unnecessary.'In addition,because of the large commitment ofenforcement resources that would berequired for such a system to properlyfunction, EPA believes that the proposalis overly ambitious at this time. TheEPA believes, however, thatenforcement can use the availableinformation and adequately identifyviolators by comparing the wasterecords that are required to be kept bywaste generators and waste disposalsites. At this time, a more workable

Federal Register / Vol. 55,


solution will be to require disposal sitesto report to EPA whenever there is adiscrepancy between the amount ofwaste received and the amount reportedon the waste shipment papers. Thediscrepancy report should be submittedto the same agency that was notified ofthe demolition or renovation and, ifdifferent, to the agency responsible foradministering the NESHAP program forthe disposal site. In addition, new andexisting disposal sites will be requiredto comply with the general reportingprovisions of 40 CFR part 61.Specifically, new disposal sites will berequired to comply with the requirementto apply for approval to construct(§ 61.07), and the requirements to notifyEPA of startup dates (§ 61.09). Existingdisposal sites that will accept asbestoswaste after the effective date of the rulewill be required to supply EPA withcertain information concerning theiroperations (§ 61.10). This informationwill assist enforcement in trackingasbestos waste.Excepted Waste Shipment Report

The proposed revisions included arequirement for waste generators toindicate, as part of a semiannual reportto the Administrator, waste shipmentsfor which 35 days or more have elapsedsince the waste was shipped without thewaste generator having received a copyof the WSR signed and dated by thedisposal site owner or operator. WhileEPA has determined that semiannualreports are not necessary, it considersthis requirement a vital part of theasbestos waste tracking system and aprovisions for excepted waste shipmentreports is included in the final rule.

Waste Conversion ProcessesComment- Commenter IV-D-21 asked

that procedures for sample preparationfor TEM be clarified; that comminutionsize of particle reduction be specified;that the standard or interim method ofanalysis that is acceptable be identified;and that laboratory qualificationsmeeting requirements of the NationalInstitute of Standards and Technology(NIST) and AHERA be, identified.

Response: Currently EPA has noprotocol for TEM analysis of outputmaterials. The final rule requires theowner or operator of waste conversionprocesses to submit a protocol forsampling and analysis by TEM forapproval by EPA.

V. Administrative

The docket is an organized andcomplete file of all the informationconsidered by EPA in the developmentof this rulemaking. The docket is adynamic file, since material is addedthroughout the rulemaking development.The docketing system is intended to

allow members of the public andindustries involved to readily identifyand locate documents so that they caneffectively participate in the rulemakingprocess. Along with the statement ofbasis and purpose of'the proposed andpromulgated revisions and EPAresponses to significant comments, thecontents of the docket, except forinteragency review materials, will serveas the record in case of judicial review(section 307(d)(7)(A)).

The effective date of this regulation isNovember 20, 1990. Section 112 of theClean Air Act provides that standards ofperformance or revisions thereofbecome effective upon promulgationexcept that in the case of an existingsource, the standard shall not applyuntil 90 days after its effective date.

As prescribed by section 112, thepromulgation of these standards waspreceded by the Administrator'sdetermination that asbestos presents asignificant risk to human health as aresult of air emissions from one or moresource categories and is therefore ahazardous air pollutant (36 FR 3031,dated March 31, 1971). In accordancewith section 117 of the Act, publicationof these promulgated standards waspreceded by consultation withappropriate advisory committees,independent experts, and Federaldepartments and agencies.

Section 317 of the Clean Air Actrequires the Administrator to prepare aneconomic impact assessment for anynew standard promulgated undersection 112 of the Act. Since the costs ofthe revision will be small, an economicimpact assessment was not considerednecessary for this regulation.

Information. collection requirementsassociated with this regulation (thoseincluded in 40 CFR part 60, subpart Aand subpart XXX) have been approvedby the Office of Management andBudget (OMB) under the provisions ofthe Paperwork Reduction Act of 1980, 44U.S.C. 3501 et seq. and have beenassigned OMB control number (2060-0101).

Under Executive Order 12291, EPA isrequired to judge whether a regulation isa "major rule" and therefore subject tothe requirements of a regulatory impactanalysis (RIA). The Agency hasdetermined that this regulation wouldresult in none of the adverse economiceffects set forth in section 1 of the Orderas grounds for finding a regulation to bea "majorrule." The Agency has,therefore, concluded that this regulationis not a "major rule" under ExecutiveOrder 12291.

The Regulatory Flexibility Act of 1980requires the Identification of potentiallyadverse impacts of Federal regulationsupon small business ontities. The Act

specifically requires the completion of aRegulatory Flexibility Analysis in thoseinstances where small business impactsare possible. Because these standardsimpose no adverse economic impacts, aRegulatory Flexibility Analysis has notbeen conducted.

Pursuant to the provisions of 5 U.S.C.605(b), I hereby certify that this rule willnot have a significant economic impacton a substantial number of smallentities.

List of Subjects in 40 CFR Part 61

Asbestos, Beryllium, Benzene,Hazardous substances, Mercury,Reporting and recordkeepingrequirements, Vinyl chloride, Blastfurnaces, Steel mills.

Dated: October 29, 1990.William K. Reilly,Administrator.

40 CFR part 61 is amended as follows:

PART 61-[AMENDED]

1. The authority citation for 40 CFRpart 61, subpart M, is revised to read asfollows:

Authority- 42 U.S.C. 7401, 7412, 7414, 7416,7601.

2.-3. Section 61.140 is revised to read,as follows:

§ 61.140 Applicability.The provisions of this subpart are

applicable to those sources specified in§ 61.142 through 61.151, 61.154, and61.155.

4. In § 61.141, the following definitionsare revised: "Asbestos-containing wastematerials," "Commercial asbestos,""Demolition," "Emergency renovationoperation," "Fabricating," "Facility,""Facility component," "Friable asbestosmaterials," "Inactive waste disposalsite," "Manufacturing," "Outside air,""Particulate asbestos material,""Planned renovation operation.""Remove," "Renovation," "Roadways,""Strip," and "Visible emissions."

The following definitions are added:"Adequately wet," "Category Inonfriable ACM," "Cutting," "CategoryII nonfriable ACM," "Fugitive sources,""Glove bag," "Grinding," "In poor

condition," "Installation," "Leak-tight,""Malfunction," "Natural barrier,""Nonfriable asbestos-containingmaterial," "Nonscheduled renovationoperation." "Owner or operator of ademolition or a renovation activity,""Regulated asbestos-containingmaterial," "Resilient floor covering,""Waste generator," "Waste shipmentrecord," and "Working day."

The definitions, "Adequately wetted"and "Asbestos material," are removed.


§ 61.141 Definitions.

Adequately wet means sufficientlymix or penetrate with liquid to preventthe release of particulates. If visibleemissions are observed coming fromasbestos-containing material, then thatmaterial has not been adequatelywetted. However, the absence of visibleemissions is not sufficient evidence ofbeing adequately wet.

Asbestos-containing waste materialsmeans mill tailings or any waste thatcontains commercial asbestos and isgenerated by a source subject to theprovisions of this subpart. This termincludes filters from control devices,friable asbestos waste material, andbags or other similar packagingcontaminated with commercialasbestos. As applied to demolition andrenovations operations, this term alsoincludes regulated asbestos-containingmaterial waste and materialscontaminated with asbestos includingdisposable equipment and clothing.,* * * * *

Category I nonfriable asbestos-containing material (A CM) meansasbestos-containing packings, gaskets,resilient floor covering, and asphaltroofing products containing more than 1percent asbestos as determined usingthe method specified in appendix A,subpart F, 40 CFR part 763, section 1,Polarized Light Microscopy.

Category II nonfriable ACM meansany material, excluding Category Inonfriable ACM, containing more than 1percent asbestos as determined usingthe methods specified in appendix A,subpart F, 40 CFR part 763, section 1,Polarized Light Microscopy that, whendry, cannot be crumbled, pulverized, orreduced to powder by hand pressure.

Commercial asbestos means anymaterial containing asbestos that isextracted from ore and has valuebecause of its asbestos content.

Cutting means to penetrate with asharp-edged instrument and includessawing, but does not include shearing,slicing, or punching.

Demolition means the wrecking ortaking out of any load-supportingstructural member of a facility togetherwith any related handling operations orthe intentional burning of any facility.

Emergency renovation operationmeans a renovation operation that wasnot planned but results from a sudden,unexpected event that, if notimmediately attended to, presents asafety or public health hazard, isnecessary to protect equipment fromdamage, or is necessary to avoidimposing an unreasonable financial

burden. This term includes operationsnecessitated by nonroutine failures ofequipment.

Fabricating means any processing(e.g., cutting, sawing, drilling) of amanufactured product that containscommercial asbestos, with the exceptionof processing at temporary sites (fieldfabricating) for the construction orrestoration of facilities. In the case offriction products, fabricating includesbonding, debonding, grinding, sawing,drilling, or other similar operationsperformed as part of fabricating.

Facility means any institutional,commercial, public, industrial, orresidential structure, installation, orbuilding (including any structure,installation, or building containingcondominiums or individual dwelling .units operated as a residentialcooperative, but excluding residentialbuildings having four or fewer dwellingunits); any ship; and any active orinactive waste disposal site. Forpurposes of this definition, any building,structure, or installation that contains aloft used as a dwelling is not considereda residential structure, installation, orbuilding. Any structure, installation orbuilding that was previously subject tothis subpart is not excluded, regardlessof its current use or function.

Facility component means any part ofa facility including equipment.

Friable asbestos material means anymaterial containing more than 1 percentasbestos as determined using themethod specified in appendix A, subpartF, 40 CFR part 763 section 1, PolarizedLight Microscopy, that, when dry, can becrumbled, pulverized, or reduced topowder by hand pressure. If theasbestos content is less than 10 percentas determined by a method other thanpoint counting by polarized lightmicroscopy (PLM), verify the asbestoscontent by point counting using PLM.

Fugitive source means any source ofemissions not controlled by an airpollution control device.

Glove bag means a sealedcompartment with attached inner glovesused for the handling of asbestos-containing materials. properly installedand used, glove bags provide a smallwork area enclosure typically used forsmall-scale asbestos strippingoperations. Information on glove-baginstallation, equipment and supplies,and work practices is contained in theOccupational Safety and HealthAdministration's [OSHA's) final rule onoccupational exposure to asbestos(appendix G to 29 CFR 1926.58).

Grinding means to reduce to powderor small fragments and includesmechanical chipping or drilling.

In poor condition means the bindingof the material is losing its integrity asindicated by peeling, cracking, orcrumbling of the material.

Inactive waste disposal site meansany disposal site or portion of it whereadditional asbestos-containing wastematerial has not been deposited withinthe past year.

Installation means any building orstructure or any group of buildings orstructures at a single demolition orrenovation site that are under thecontrol of the same owner or operator(or owner or operator under commoncontrol).

Leak-tight means that solids or liquidscannot escape or spill out. It also meansdust-tight.

Malfunction means any sudden andunavoidable failure of air pollutioncontrol equipment or process equipmentor of a process to operate in a normal orusual manner so that emissions ofasbestos are increased. Failures ofequipment shall not be consideredmalfunctions if they are caused in anyway by poor maintenance, carelessoperation, or any other preventableupset conditions, equipment breakdown,or process failure.

Manufacturing means the combiningof commercial asbestos--or, in the caseof woven friction products, thecombining of textiles containingcommercial asbestos--with any othermaterial(s), including commercialasbestos, and the processing of thiscombination into a product. Chlorineproduction is considered a part ofmanufacturing.

Natural barrier means a naturalobject that effectively precludes ordeters access. Natural barriers includephysical obstacles such as cliffs, lakesor other large bodies of water, deep andwide ravines, and mountains.Remoteness by itself is not a naturalbarrier.

Nonfriable asbestos-containingmaterial means any material containingmore than 1 percent asbestos asdetermined using the method specifiedin appendix A, subpart F, 40 CFR part763, section 1, Polarized LightMicroscopy, that, when dry, cannot becrumbled, pulverized, or reduced topowder by hand pressure.

Nonscheduled renovation operationmeans a renovation operationnecessitated by the routine failure ofequipment, which is expected to occurwithin a given period based on pastoperating experience, but for which anexact date cannot be predicted.

Outside air means the air outsidebuildings and structures, including, but


48416 Federal Register I Vol. 55, No. 224 / Tuesday, November 20, 1990 I Rules and Regulations

not limited to, the air under a bridge orin an open air ferry dock.

Owner or operator of a demolition orrenovation activity means any personwho owns, leases, operates, controls, orsupervises the facility being demolishedor renovated or any person who owns,leases, operates, controls, or supervisesthe demolition or renovation operation,or both.

Particulate asbestos material meansfinely divided particles of asbestos ormaterial containing asbestos.

Planned renovation operations meansa renovation operation, or a number ofsuch operations, in which some RACMwill be removed or stripped within agiven period of time and that can bepredicted. Individual nonscheduledoperations are included if a number ofsuch operations can be predicted tooccur during a given period of timebased on operating experience.

Regulated asbestos-containingmaterial (RACM) means (a) Friableasbestos material, (b) Category Inonfriable ACM that has becomefriable, (c) Category I nonfriable ACMthat will be or has been subjected tosanding, grinding, cutting, or abrading,or (d) Category II nonfriable ACM thathas a high probability of becoming orhas become crumbled, pulverized, orreduced to powder by the forcesexpected to act on the material in thecourse of demolition or renovationoperations regulated by this subpart.

Remove means to take out RACM orfacility components that contain or arecovered with RACM from any fAcility.

Renovation means altering a facilityor one or more facility components inany way, including the stripping orremoval of RACM from a facilitycomponent. Operations in which load-supporting structural members arewrecked or taken out are demolitions.

Resilient floor covering meansasbestos-containing floor tile, includingasphalt and vinyl floor tile, and sheetvinyl floor covering containing morethan 1 percent asbestos as determinedusing polarized light microscopyaccording to the method specified inappendix A, subpart F, 40 CFR part 763,Section 1, Polarized Light Microscopy.

Roadways means surfaces on whichvehicles travel. This term includespublic and private highways, roads,streets, parking areas, and driveways.

Strip means to take off RACM fromany part of a facility or facilitycomponents.* * * *

Visible emissions means anyemissions, which are visually detectablewithout the aid of instruments, comingfrom RACM or asbestos-containingwaste material, or from any asbestosmilling, manufacturing, or fabricatingoperation. This does not includecondensed, uncombined water vapor.

Waste generator means any owner oroperator of a source covered by thissubpart whose act or process producesasbestos-containing waste material.

Waste shipment record means theshipping document, required to beoriginated and signed by the wastegenerator, used to track andsubstantiate the disposition of asbestos-containing waste material.

Working day means Monday throughFriday and includes holidays that fall onany of the days Monday through Friday.

5. Section 61.142 is revised to read asfollows:

§ 61.142 Standard for asbestos mills.(a) Each owner or operator of an

asbestos mill shall either discharge novisible emissions to the outside air fromthat asbestos mill, including fugitivesources, or use the methods specified by§ 61.152 to clean emissions containingparticulate asbestos material beforethey escape to, or are vented to, theoutside air.

(b) Each owner or operator of anasbestos mill shall meet the followingrequirements:

(1) Monitor each potential source ofasbestos emissions from any part of themill facility, including air cleaningdevices, process equipment, andbuildings that house equipment formaterial processing and handling, atleast once each day, during daylighthours, for visible emissions to theoutside air during periods of operation.The monitoring shall be by visual

observation of at least 15 secondsduration per source of emissions.

(2) Inspect each air cleaning device atleast once each week for prope'operation and for changes that signalthe potential for malfunction, including,to the maximum extent possible withoutdismantling other than opening thedevice, the presence of tears, holes, andabrasions in filter bags and for dustdeposits on the clean side of bags. Forair cleaning devices that cannot beinspected on a weekly basis accordingto this paragraph, submit to the "Administrator, and revise as necessary,a written maintenance plan to include,at a minimum, the following:

(i) Maintenance schedule.(ii) Recordkeeping plan.(3] Maintain records of the results of

visible emissions monitoring and aircleaning device inspections using aformat similar to that shown in Figures 1and 2 and include the following:

(i) Date and time of each inspection.(ii) Presence or absence of visible

emissions.(iii) Condition of fabric filters,

including presence of any tears, holes,and abrasions.

(iv) Presence of dust deposits on cleanside of fabric filters.

(v) Brief description of correctiveactions taken, including date and time.

(vi) Daily hours of operation for eachair cleaning device.

(4) Furnish upon request, and makeavailable at the affected facility during-normal business hours for inspection bythe Administrator, all records requiredunder this section.

(5) Retain a copy of all monitoring andinspection records for at least 2 years.

(6] Submit quarterly a copy of visibleemission monitoring records to theAdministrator if visible emissionsoccurred during the report period.Quarterly reports shall be postmarkedby the 30th day following the end of thecalendar quarter.

BILLING CODE 6560-56-M


Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations

Date ofinspection(mo/day/yr)

Time ofinspection(a.m./p.m.)

Aircleaningdevice orfugitivesource

designationor number

Visibleemissions _observed(yes/no),corrective

actiontaken

Dailyoperating

hoursInspector' s

initials

Figure 1. Record of Visible Emission Monitoring

4841748417


1. Air cleaning aevice designation or number

2. Date of inspection

3. Time of inspection

4. Is air cleaning device operatingproperly (yes/no)

5. Tears, holes, or abrasionsin fabric filter (yes/no)

6. Dust on clean side of fabric filters(yes/no)

7. Other signs of malfunctions orpotential malfunctions (yes/no)

8. Describe other malfunctions or signs of potential

9. Describe corrective action(s) taken.

Date and time orrectiveaction taken

Inspected by

(Print/Type Name),

(Print/Type Name)

(Title) (Signature) (Date)

(Title) (Signature) (Date)

Figure 2. Air Cleaning Device Inspection ChecklistBILLING CODE 6540-50-C

malfunctions.


6. Section 61.143 is revised to read asfollows:

§ 61.143 Standard for roadways.No person may construct or maintain

a roadway with asbestos tailings orasbestos-containing waste material onthat roadway, unless, for asbestostailings.

(a) It is a temporary roadway on anarea of asbestos ore deposits (asbestosmine): or

(b) It is a temporary roadway at anactive asbestos mill site and isencapsulated with a resinous orbituminous binder. The encapsulatedroad surface must be maintained at aminimum frequency of one per year toprevent dust emissions; or

(c) It is encapsulated in asphaltconcrete meeting the specificationscontained in section 401 of StandardSpecifications for Construction of Roadsand Bridges on Federal HighwayProjects, FP-85, 1985, or their equivalent.

7. In § 61.144, paragraph (a)(9) andparagraphs (b) (1) and (2) are revised,and paragraphs (b)(3) through (b)(8) areadded to read as follows:

§ 61.144 Standards for manufacturing.(a) * * *

(9) The manufacture of chlorineutilizing asbestos diaphragm technology.

(b) * * ** * *.

(1) Discharge no visible emissions tothe outside air from these operations orfrom any building or structure in whichthey are conducted or from any otherfugitive sources; or

(2) Use the methods specified by§ 61.152 to clean emissions from theseoperations containing particulateasbestos material before they escape to,or are vented to, the outside air.

(3) Monitor each potential source ofasbestos emissions from any part of themanufacturing facility, including aircleaning devices, process equipment,*and buildings housing materialprocessing and handling equipment, atleast once each day during daylighthours for visible emissions to theoutside air during periods of operation.The monitoring shall be visualobservation of at least 15 secondsduration per source of emissions.

(4) Inspect each air cleaning device atleast once each week for properoperation and for changes that signalthe potential for 'Malfunctions, including,to the maximum extent possible withoutdismantling other than opening thedevice, the presence of tears, holes, andabrasions in filter bags and for dustdeposits on the clean side of bags. Forair cleaning devices that cannot 'beinspected on a weekly basis according

to this paragraph, submit to theAdministrator, and revise as necessary,a written maintenance plan to include,at a minimum, the following:

(i) Maintenance schedule.(ii) Recordkeeping plan.(5) Maintain records of the results of

visible emission monitoring and aircleaning device inspections using aformat similar to that shown in Figures 1and 2 and include the following.



including presence of any tears, holesand abrasions.


(v) Brief description of correctiveactions taken, including date and time.

(vi) Daily hours of operation for eachair cleaning device.

(6) Furnish upon request, and makeavailable at the affected facility duringnormal business hours for inspection bythe Administrator, all records requiredunder this section.


(8) Submit quarterly a copy of thevisible emission monitoring records tothe Administrator if visible emissionsoccurred during the report period.Quarterly reports shall be postmarkedby the 30th day following the end of thecalendar quarter.

8. Sections 61.146 and 61.147 areremoved, and § 61.145 is revised to readas follows:

§ 61.145 Standard for demolition andrenovation.

(a) Applicability. To determine whichrequirements of paragraphs (a), (b), and(c) of this section apply to the owner oroperator of a demolition or renovationactivity and prior 'to the commencementof the demolition or renovation,thoroughly inspect the affected facilityor part of the facility where thedemolition or renovation operation willoccur for the presence of asbestos,including Category I and Category IInonfriable ACM. The requirements ofparagraphs (b) and (c) of this sectionapply to each owner or operator of ademolition or renovation activity,including the removal of RACM asfollows:

(1) In a facility being demolished, allthe requirements of paragraphs (b) and(c) of this section apply, except asprovided in paragraph (a)(3) of thissection, if the combined amount ofRACM is -

• (i) At least 80 linear meters (260 linearfeet) on pipes or-at least 15 square

meters (160 square feet) on other facilitycomponents, or

(ii) At least I cubic meter (35 cubicfeet) off facility components where thelength or area could not be measuredpreviously.

(2) In a facility being demolished, onlythe notification requirements ofparagraphs (b)(1), (2), (3)(i) and (iv), and(4)(i) through (vii) and (4)(ix) and (xvi) olthis section apply, if the combinedamount of RACM is

(i) Less than 80 linear meters (260linear feet) on pipes less than 15 squaremeters (160 square feet) on other facilitycomponents, and

(ii) Less than one cubic meter (35cubic feet) off facility componentswhere the length or area could not bemeasured previously or there is noasbestos.

(3) If the facility is being demolishedunder an order of a State or local.government agency, issued because thefacility is structurally unsound and indanger of imminent collapse, only therequirements of paragraphs (b)(1), (b)(2).(b)(3)(iii), (b)(4) (except (b)(4)(viii)),(b)(5), and (c)(4) through (c)(9) of thissection apply.

(4) In a facility being renovated,including any individual nonscheduledrenovation operation, all therequirements of paragraphs (b) and (c)of this section apply if the- combinedamount of RACM to be stripped,removed, dislodged, cut, drilled, orsimilarly disturbed is

(i) At least 80 linear meters (260 linearfeet) on pipes or at least 15 squaremeters (160 square feet) on other facilitycomponents, or

(ii) At least 1 cubic meter (35 cubicfeet) off facility components where thelength or area could not be measuredpreviously.

(iii) To determine whether paragraph(a)(4) of this section applies to plannedrenovation opierations involvingindividual nonscheduled operations,predict the combined additive amount ofRACM to be removed or stripped duringa calendar year of January 1 throughDecember 31.

(iv) To determine whether paragraph.(a)(4) of this section applies toemergency renovation operations,estimate the combined amount of RACMto be removed or stripped as a result ofthe sudden, unexpected event thatnecessitated the renovation.

(5) Owners or operators of demolitionand renovation operations are exemptfrom the requirements of § § 61.05(a),61.07, and 61.09.

(b) Notification requirements. Eachowner or operator of a demolition or


48420 Federal Register / Vol. 55, No. 224 / Tuesday. November 20, 1990 I Rules and Regulationsrenovation activity to which this sectionapplies shall:

(1) Provide the Administrator withwritten notice of intention to demolishor renovate. Delivery of the notice byU.S. Postal Service, commercial deliveryservice, or hand delivery is acceptable.

( f2) Update notice, as necessary,including when the amount of asbestosaffected changes by at least 20 percent.

(3) Postmark or deliver the notice asfollows:

(i) At least 10 working days beforeasbestos stripping or removal work orany other activity begins (such as. sitepreparation that would break up,dislodge or similarly disturb asbestosmaterial), if the operation is described inparagraphs (a) (1) and (4) (except(a)(4)(iii) and (a)(4)(iv)) of this section. Ifthe operation is as described inparagraph (a)(2) of this section.notification is required 10 working daysbefore demolition begins.

(ii) At least 10 working days beforethe end of the calendar year precedingthe year for which notice is being givenfor renovations described in paragraph(a)(4)(iii) of this section.

(iii) As early as possible before, butnot later than. the following workingday if the operation is a demolitionordered according to paragraph (a)(3) ofthis section or, if the operation is arenovation described in paragraph(a)(4)(iv) of this section.

(iv) For asbestos stripping or removalwork in a demolition or renovationoperation, described in paragraphs (a)(1) and (4) (except (a)(4)(iii) and(a)(4)(iv)) of this section, and for ademolition described in paragraph (a)(2)of this section, that will begin on a dateother than the one contained in theoriginal notice, notice of the new startdate must be provided to theAdministrator as follows:

(A) When the asbestos stripping orremoval operation or demolitionoperation covered by this paragraph willbegin after the date contained in thenotice,(1) Notify the Administrator of the

new start date by telephone as soon aspossible before the original start date,and

(2) Provide the Administrator with awritten notice of the new start date assoon as possible before, and no laterthan, the original start date. Delivery ofthe updated notice by the U.S. PostalService, commercial delivery service, orhand delivery is acceptable.

(B) When the asbestos stripping orremoval operation or demolitionoperation covered by this paragraph willbegin on a date earlier than the originalstart date,

(1) Provide the Administrator with awritten notice of the new start date atleast 10 working days before asbestosstripping or removal work begins.

(2) For demolitions covered byparagraph (a)(2) of this section, providethe Administrator written notice of anew start date at least 10 working daysbefore commencement of demolition.Delivery of updated notice by U.S.Postal Service, commercial deliveryservice, or hand delivery is acceptable.

(C) In no event shall an operationcovered by this paragraph begin on adate other than the date contained in thewritten notice of the new start date.

(4) Include the following in the notice:(i) An indication of whether the notice

is the original or a revised notification.(ii) Name, address, and telephone

number of both the facility owner andoperator and the asbestos removalcontractor owner or operator.

(iii) Type of operation: demolition orrenovation.

(iv) Description of the facility oraffected part of the facility including thesize (square meters [square feet) andnumber of floors), age, and present andprior use of the facility.(v) Procedure, including analytical

methods, employed to detect the 'presence of RACM and Category* I andCategory II nonfriable ACM.

(vi) Estimate of the approximateamount of RACM to be removed fromthe facility in terms of length of pipe inlinear meters (linear feet), surface areain square meters (square feet) on otherfacility components, or volume in cubicmeters (cubic feet) if off the facilitycomponents. Also, estimate theapproximate amount of Category I andCategory II nonfriable ACM in theaffected part of the facility that will notbe removed before demolition.

(vii) Location and street address(including building number or name andfloor or room number, if appropriate),city, county, and state, of the facilitybeing demolished or renovated.

(viii) Scheduled starting andcompletion dates of asbestos removalwork (or any other activity, such as sitepreparation that would break up,dislodge, or similarly disturb asbestosmaterial) in a demolition or renovation;planned renovation operations involvingindividual nonscheduled operationsshall only include the beginning andending dates of the report period asdescribed in paragraph (a)(4)(iii) of thissection.

(ix) Scheduled starting andcompletion dates of demolition orrenovation.

(x) Description of planned demolitionor renovation work to be'performed andmethod(s) to be employed, including

demolition or renovation techniques tobe used and description of affectedfacility components.

(xi) Description of work practices andengineering controls to be used tocomply with the requirements of thissubpart, including asbestos removal andwaste-handling emission controlprocedures.

(xii] Name and location of the wastedisposal site where the asbestos-containing waste material will bedeposited.

(xiii) A certification that at least oneperson trained as required by paragraph(c)(8) of this section will supervise thestripping and removal described by thisnotification. This requirement shall

-become effective 1 year afterpromulgation of this regulation.

(xiv) For facilities described inparagraph (a)(3) of this section. thename. title, and authority of the State orlocal government representative whohas ordered the demolition, the date thatthe order was issued, and the date onwhich the demolition was ordered tobegin. A copy of the order shall beattached to the notification.

(xv) For emergency renovationsdescribed in paragraph (a)(4)(iv) of thissection, the date and hour that theemergency occurred, a description of thesudden, unexpected event, and anexplanation of how the event caused anunsafe condition, or would causeequipment damage or an unreasonablefinancial burden.

(xvi) Description of procedures to befollowed in the event that unexpectedRACM is found or Category II nonfriableACM becomes crumbled, pulverized, orreduced to powder.. (xvii) Name, address, and telephonenumber of the waste transporter.

(5) The information required inparagraph (b)(4) of this section must bereported using a form similiar to thatshown in Figure 3.

(c) Procedures for asbestos emissioncontrol. Each owner or operator of ademolition or renovation activity towhom this paragraph applies, accordingto paragraph (a) of this section, shallcomply with the following procedures:

(1) Remove all RACM from a facilitybeing demolished or renovated beforeany activity begins that would break up.dislodge, or similarly disturb thematerial or preclude access to thematerial for subsequent removal. RACMneed not be removed before demolitionif:

(i) It is Category I nonfriable ACMthat is not in poor condition and is notfriable.

(ii) It is on a facility component that isencased in concrete or other similarly


Federal Register / Vol. 55, 'No. 224 / Tuesday, November 20, 1990 / Rules and Regulations 48421

hard material and is adequately wetwhenever exposed during demolition; or

(iii) It was not accessible for testingand was, therefore, not discovered untilafter demolition began and, as a resultof the demolition, the material cannot besafely removed. If not-removed forsafety reasons, the exposed RACM andany asbestos-contaminated debris mustbe treated as asbestos-containing wastematerial and adequately wet at all timesuntil disposed of.

(iv) They are Category II nonfriableACM and the probability is low that thematerials will become crumbled,pulverized, or reduced to powder duringdemolition.

(2) When a facility component thatcontains, is covered with, or is coatedwith RACM is being taken out of thefacility as a unit or in sections:

(i) Adequately wet all RACM exposedduring cutting or disjoining operations;and

(ii) Carefully lower each unit orsection to the floor and to ground-level,not dropping, throwing, sliding, orotherwise damaging or disturbing theRACM.

(3) When RACM is stripped from afacility component while it remains inplace in the facility, adequately wet theRACM during the stripping operation.

(i) In renovation operations, wetting isnot required if:

(A) The owner or operator hasobtained prior written approval from theAdministrator based on a writtenapplication that wetting to comply withthis paragraph would unavoidablydamage equipment or present a safetyhazard; and

(B) The owner or operator uses of thefollowing emission control methods:

(1) A local exhaust ventilation andcollection system designed and operatedto capture the particulate asbestosmaterial produced by the stripping andremoval of the asbestos materials. Thesystem must exhibit no visible emissionsto the outside air or be designed andoperated in accordance with therequirements in § 61.152.

(2) A glove-bag system designed andoperated to contain the particulateasbestos material produced by thestripping of the asbestos materials.

(3) Leak-tight wrapping to contain allRACM prior to dismantlement.

(ii) In renovation operations wherewetting would result in equipmentdamage or a safety hazard, and themethods allowed in paragraph (c)(3)(i)of this section cannot be used, anothermethod may be used after obtainingwritten approval from the Administrator

based upon a determination that it isequivalent to wetting in controllingemissions or to the methods allowed inparagraph (c)(3)(i) of this section.

(iii) A copy of the Administrator'swritten approval shall be kept at theworksite and made available forinspection.

(4) After a facility component coveredwith, coated with, or containing RACMhas been taken out of the facility as aunit or in sections pursuant to paragraph(c)(2) of this section, it shall be strippedor contained in leak-tight wrapping,except as described in paragraph (c)(5)of this section. If stripped, either:

(i) Adequately wet the RACM duringstripping; or

(ii) Use a local exhaust ventilationand collection system designed andoperated to capture the particulateasbestos material produced by thestripping. The system must exhibit novisible emissions to the outside air or bedesigned and operated in accordancewith the requirements in § 61.152.

(5) For large facility components suchas reactor vessels, large tanks, andsteam generators, but not beams (whichmust be handled in accordance withparagraphs (c)(2), (3), and (4) of thissection), the RACM is not required to bestripped if the following requirementsare met:

(i) The component is removed,transported, stored, disposed of, orreused without disturbing or damagingthe RACM.

(ii) The component is encased in aleak-tight wrapping.

(iii) The leak-tight wrapping is labeledaccording to § 61.149(d)(1)(i), (ii), and(iii) during all loading and unloadingoperations and during storage.

(6) For all RACM, including materialthat has been removed or stripped:

(i) Adequately wet the material andensure that it remains wet untilcollected and contained or treated inpreparation for disposal in accordancewith § 61.150; and

(ii) Carefully lower the material to theground and floor, not dropping,throwing, sliding, or otherwise damagingor disturbing the material.

(iii) Transport the material to theground via leak-tight chutes orcontainers if it has been removed orstripped more than 50 feet above groundlevel and was not removed as units or insections.

(iv) RACM contained in leak-tightwrapping that has been removed inaccordance with paragraphs (c)(4) and(c)(3)(i)(B)(3) of this section need not bewetted.

(7) When the temperature at the pointof wetting is below 0 'C (32 'F):

(i) The owner or operator need notcomply with paragraph (c)(2)(i) and thewetting provisions of paragraph (c)(3) ofthis section.

(ii) The owner or operator shallremove facility components containing,coated with, or covered with RACM asunits or in sections to the maximumextent possible.

(iii) During periods when wettingoperations are suspended due tofreezing temperatures, the owner oroperator must record the temperature inthe area containing the facilitycomponents at the beginning, middle,and end of each workday and keep dailytemperature records available forinspection by the Administrator duringnormal business hours at the demolitionor renovation site. The owner oroperator shall retain the temperaturerecords for at least 2 years.

(8) Effective 1 year after promulgationof this regulation, no RACM shall bestripped, removed, or otherwise handledor disturbed at a facility regulated bythis section unless at least one on-siterepresentative, such as a foreman ormanagement-level person or otherauthorized representative, trained in theprovisions of this regulation and themeans of complying with them, ispresent. Every 2 years, the trained on-site individual shall receive refreshertraining in the provisions of thisregulation. The required training shallinclude as a minimum: applicability;notifications; material identification;control procedures for removalsincluding, at least, wetting, local exhaus(ventilation, negative pressureenclosures, glove-bag procedures, andHigh Efficiency Particulate Air (HEPA)filters; waste disposal work practices;reporting and recordkeeping; andasbestos hazards and worker protection.Evidence that the required training hasbeen completed shall be posted andmade available for inspection by theAdministrator at the demolition orrenovation site.

(9) For facilities described inparagraph (a)(3) of this section,adequately wet the portion of thefacility that contains RACM during thewrecking operation.

(10) If a facility is demolished byintentional burning,,all RACM includingCategory I and Category II nonfriableACM must be removed in accordancewith the NESHAP before burning.BILUNG CODE 6560-50-M


NOTIFICATION OF DEMOLITION AND RENOVATION

Operator Project t Postmark Date Received Notification 0

I. TYPE OF NOTIFICATION O-Original R-Revised C-Cancelled 14

II. FACILITY INFORMATION J Identify owner, removal contractor, and other operator

OWNER NAME .

Addreses

Cityl State: Zips

Contacts Telt

REMOVAL CONTRACTOR:

Address.

City: States Zips

Contacts Tel t

OTHER OPERATOR:

Address s

Cityr States, zips

Contact: Tels

III. TYPE OF OPERATION D-Demo O-Ordered Demo A-Renovation E-Bmer.Renovatlon )t

IV. IS ASBESTOS PRESENT? Trea/No

V. FACILITY DESCRIPTION ( Include building name, number and floor or room nomber

Bldg Name.

Addresst

City s State. Countys

Site Locations

Building Sizes * of Floorss Age in Yearms

Present Uses Prior Uses

VI. PROCEDURE, INCLUDING ANALYTICAL METHOD, IF APPROPRIATE, USED TO DETECT THE PRESENCEOF ASBESTOS MATERIAL:

VII. APPROXIMATE AMOUNT OF sonfriableASBESTOS, INCLUDING: Asbestos

Material Not Indicate Unit of1. Regulated ACM to be removed RACK To Be Removed Measurement Below2. Category I ACM Not Removed To Be3. Category II ACM Not Removed Removed Cat I Cat II UNIT

Pipes nFtt Ln mi

Surface Area SFts ME

Vol RACH Off Facility Component Curt$ Cu m8

VIII. SCHEDULED DATES ASBESTOS REMOVAL (MM/DD/YY) Start: Completes

IX. SCHEDULED DATES DEMO/RENOVATION (MM/DD/YY) Starts Complete&

Continued on page two

Figure 3. "Jotification of Demolition and Renovation


NOTIFICATION OF DEMOLITION AND RENOVATION (continued)

X. DESCRIPTION OF PLANNED DEMOLITION OR RENOVATION WORK, AND METHOD(S) TO BE USED:

XI. DESCRIPTION OF WORK PRACTICES AND ENGINEERING CONTROLS TO BE USED TO PREVENT 0EMISSIONS OF ASBESTOS AT THE DEMOLITION AND RENOVATION SITE:

XII. WASTE TRANSPORTER #i

Names

Address

Citys State, 2ipt

Contact Persons Telephones

WASTE TRANSPORTER #2

Names

Addresse

City, States Zips

Contact Persons Telephones

XIII. WASTE DISPOSAL SITE

Namel

Locations

City" States zips

Telephones

XIV. IF DEMOLITION ORDERED BY A GOVERNMENT AGENCY, PLEASE IDENTIFY THE AGENCY BELOW:

Names J Title

Authority,

Date of Order (MI/DD/YY)s Date Ordered to Begin (NN/DD/YY)s

XV. FOR EMERGENCY RENOVATIONS

Date and Hour of Emergency (KH/DD/YY)s

Description of the Sudden, Unexpected Events

Explanation of how the event caused unsafe conditions or would cause equipment damageor an unreasonable financial burdens

XVI. DESCRIPTION OF PROCEDURES TO BE FOLLOWED IN THE EVENT THAT UNEXPECTED ASBESTOS ISFOUND OR PREVIOUSLY NONFRIABLE ASBESTOS MATERIAL BECOMES CRUMBLED, PULVERIZED,OR REDUCED TO POWDER.

XVI. I CERTIFY THAT AN INDIVIDUAL TRAINED IN THE PROVISIONS OF THIS REGULATION (40 CFRPART 61, SUBPART M) WILL BE ON-SITE DURING THE DEMOLITION OR RENOVATION AND EVIDENCTHAT THE REQUIRED TRAINING HAS BEEN ACCOMPLISHED BY THIS PERSON WILL BE AVAILABLEFOR INSPECTION DURING NORMAL BUSINESS HOURS. (Required I year after promulgation)

(Signature of Owner/Operator) (Date)

XVII. I CERTIFY THAT THE ABOVE INFORMATION IS CORRECT.

(Signature of Owner/Operator) (Date)

Figure 3. tnotification of Demolition and Renovation

ULLING CODE 6560-50-C

482 eea eitrIVo.5,N.24ITedy Noemer20 199 I ue n euai

9. Section 61.148 is redesignated as§ 61.146 and is amended by revisingparagraphs (a), the introductory text of(b), paragraph (b)(2), and paragraph (d)to read as follows:

§ 61.146 Standard for spraying.* * * * *

(a) For spray-on application onbuildings, structures, pipes, andconduits, do not use material containingmore than 1 percent asbestos asdetermined using the method specifiedin appendix A, subpart F, 40 CFR part763, section 1, Polarized LightMicroscopy, except as provided inparagraph (c) of this section.

(b) For spray-on application ofmaterials that contain more than 1percent asbestos as determined usingthe method specified in appendix A,subpart F, 40 CFR part 763, section 1,Polarized Light Microscopy, onequipment and machinery, except asprovided in paragraph, (c) of this section:

(2) Discharge no visible emissions tothe outside air from spray-onapplication of the asbestos-containingmaterial or use the methods specified by§ 61.152 to clean emissions containingparticulate asbestos material beforethey escape to, or are vented to, theoutside air.* * * * *

(d) Owners or operators of sourcessubject to this paragraph are exemptfrom the requirements of § § 61.05(a),61.07 and 61.09.

10. Section 61.149 is redesignated as§ 61.147, paragraphs (b) (1) and (2) arerevised, and paragraphs (b)(3) through(b)(8) are added to read as follows:

§ 61.147 Standard for fabricating.* * * * *

*(b)* *

(1) Discharge no visible emissions tothe outside air from any of theoperations or from any building or.structure in which they are conducted orfrom any other fugitive sources; or

(2) Use the methods specified by§ 61.152 to clean emissions containingparticulate asbestos material beforethey escape to, or are vented to, theoutside air.

(3) Monitor each potential source ofasbestos emissions from any part of thefabricating facility, including aircleaning devices, process equipment,and buildings that house equipment formaterial processing and handling, atleast once each day, during daylighthours, for visible emissions .to theoutside air during periods of operation.The monitoring shall be by visual

observation of at least 15 secondsduration per source of emissions.

(4) Inspect each air cleaning device atleast once each week for properoperation and for changes that signalthe potential for malfunctions, including,to the maximum extent possible withoutdismantling other than opening thedevice, the presence of tears, holes, andabrasions in filter bags and for dustdeposits on the clean side of bags. For.air cleaning devices that cannot beinspected on a weekly basis accordingto this paragraph, submit to theAdministrator, and revise as necessary,a written maintenance plan to include,at a minimum, the following:

(i) Maintenance schedule.(ii) Recordkeeping plan.(5) Maintain records of the results of

visible emission monitoring and aircleaning device inspections using aformat similar to that shown in Figures 1and 2 and include the following:



including presence of any tears, holes,.and abrasions.


• (v) Brief description of correctiveactions taken, including date and time;

(vi) Daily hours of operation for eachair cleaning device.. (6) Furnish upon request and make

available at the affected facility'duringnormal business hours for inspection bythe Administrator, all records requiredunder this section.


(8) Submit quarterly a copy of thevisible emission monitoring records tothe Administrator if visible emissionsoccurred during the report period.Quarterly reports shall be postmarkedby the 30th day following the end of thecalendar quarter.

11. Section 61.150 is redesignated as§ 61.148 and revised to read as follows:

§ 61.148 Standard for Insulating materials.No owner or operator of a facility may

install or reinstall on a facilitycomponent any insulating materials thatcontain commercial asbestos if thematerials are either molded and friableor wet-applied and friable after drying.The provisions of this section do notapply to spray-applied insulatingmaterials regulated under § 61.146.

12. Section 61.151 is redesignated as§ 61.149 and is amended by revisingparagraphs (a), (b), introductory text of(c), (c)(1) (ii) and (iii), and (c)(2), and

adding new paragraphs (d) through (f) toread as follows:§ 61.149 Standard for waste disposal forasbestos mills.* * * * *

(a) Deposit all asbestos-containingwaste material at a waste disposal siteoperated in accordance with theprovisions of § 61.154; and

(b) Discharge no visible emissions tothe outside air from the transfer ofcontrol device asbestos waste to thetailings conveyor, or use the methodsspecified by § 61.152 to clean emissionscontaining particulate asbestos materialbefore they escape to, or are vented to,the outside air. Dispose of the asbestoswaste from control devices inaccordance with § 61.150(a) orparagraph (c) of this section; and

(c) Discharge no visible emissions tothe outside air during the collection,processing, packaging or on-sitetransporting of any asbestos-containingwaste material, or use one of thedisposal methods specified inparagraphs (c) (1) or (2) of this section,as follows:

(1) * * *(ii) Discharge no visible emissions to

the outside air from the wettingoperation or use the methods specifiedby § 61.152 to clean emissionscontaining particulate asbestos materialbefore they escape to, or are vented tothe outside air.,

(iii) Wetting may be suspended whenthe ambient temperature at the wastedisposal site is less than -9.5 °C (15 °F),as determined by an appropriatemeasurement method with an accuracy,of - 1°C (±h 2 °F). During periods whenwetting operations are suspended, thetemperature must be recorded at least athourly intervals, and records must beretained for at least 2 years in a formsuitable for inspection.. (2) Use an alternative emission

control and waste treatment methodthat has received prior written approvalby the Administrator. To obtainapproval for an alternative method,, awritten .application must be submitted tothe Administrator demonstrating thatthe following criteria are met: -

(i} The alternative method will controlasbestos emissions equivalent tocurrently required methods.

(ii) The suitability of the alternativemethod for the intended application.

(iii) The alternative method will notviolate other regulations.

(iv) The alternative method will notresult in increased water pollution, landpollution, or occupational hazards.

(d) When waste is transported byvehicleto a disposal site:

48424 Federal Register /.Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Rej2ulations


(1) Mark vehicles used to transportasbestos-containing waste materialduring the loading and unloading of thewaste so that the signs are visible. Themarkings must:

(i) Be displayed in such a manner andlocation that a person can easily readthe legend.

(ii) Conform to the requirements for 51cm X 36 cm (20 in X 14 in) uprightformat signs specified in 29 CFR1910.145(d)(4) and this paragraph: and

(iii) Display the following legend inthe lower panel with letter sizes andstyles of a visibility at least equal tothose specified in this paragraph.

LegendDANGER

ASBESTOS DUST HAZARDCANCER AND LUNG DISEASE HAZARD

Authorized Personnel OnlyNotation

2.5 cm (1 inch) Sans Serif. Gothic or Block2.5 cm [1 inch) Sans Serif, Gothic or Block

1.9 cm (% inch) Sans Serif. Gothic or Block14 Point Gothic

Spacing between any two lines mustbe a least equal to the height of theupper of the two lines.

(2) For off-site disposal, provide acopy of the waste shipment record,described'in paragraph (e)(1) of thissection, to the disposal site owner oroperator at the same time as the

asbestos-containing waste material isdelivered to the disposal site.

(e) For all asbestos-containing wastematerial transported off the facility site:

(1) Maintain asbestos waste shipmentrecords, using a form similar to thatshown in Figure 4, and include thefollowing information:

(i) The name, address, and telephonenumber of the waste generator.

[ii) The name and address of the local,State, or EPA Regional agencyresponsible for administering theasbestos NESHAP program.

(iii) The quantity of the asbestos-containing waste material in cubicmeters (cubic yards).

(iv) The name and telephone numberof the disposal site operator.

(v) The name and physical sitelocation of the disposal site.

(vi) The date transported.(vii) The name, address, and

telephone number of the transporter(s).(viii) A certification that the contents

of this consignment are fully andaccurately described by proper shippingname and are classified, packed,marked, and labeled, and are in allrespects in proper condition fortransport by highway according toapplicable international and governmentregulations.

(2) For waste shipments where a copyof the waste shipment record, signed bythe owner or operator of the designateddisposal site, is not received by the

waste generator within 35 days of thedate the waste was accepted by theinitial transporter, contact thetransporter and/or the owner oroperator of the designated disposal siteto determine the status of the wasteshipment.

(3) Report in writing to the local,State, or EPA Regional officeresponsible for administering theasbestos NESHAP program for thewaste generator if a copy of the wasteshipment record, signed by the owner oroperator of the designated wastedisposal site, is not received by thewaste generator within 45 days of thedate the waste was accepted by theinitial transporter. Include in the reportthe following information:

(i) A copy of the waste shipmentrecord for which a confirmation ofdelivery was not received, and

(ii) A cover letter signed by the wastegenerator explaining the efforts taken tolocate the asbestos waste shipment andthe results of those efforts.

(4] Retain a copy of all wasteshipment records, including a copy ofthe waste shipment record signed by theowner or operator of the designatedwaste disposal site, for at least 2 years.

(f) Furnish upon request, and makeavailable for inspection by theAdministrator, all records requiredunder this section.BILLING CODE S6O-SO-M



1. Work site name ana mailing address Owner's name Owner'stelephone no.

2. Operator's name and address Operator'stelephone no.

3. Waste disposal site (WDS) name, WDSmailing address, and physical site phone no.location

4. Name, and aadress of responsible agency

0

77 7 - - 1--T 144

8. Special handling instructions and additional information -.

9. OPERATOR'S CERTIFICATION: I hereby declare that the contents of thisconsignment are fully and accurately described above by proper shippingname and are classified, packed, marked, and labeled, and are in allrespects in proper condition for transport by highway according toapplicable international and government regulations.

Printed/typed name & title Signature Month Day Year

10. Transporter I (Acknowledgment of receipt of materials)

printed/typed name & title Signature Month Day Year

Address and telephone no.o

11. Transporter 2 (Acknowledgment of receipt of materials)

Printed/typed name & title Signature Month Day Year

Address and telephone no.

o 12. Discrepancy indication space

13. Waste disposal siteV) owner or operator: Certification of receipt of asbestos materials

ca.0 covered by this manifest except as noted in item 12..1 Printed/typed name & title Signature Month. Day Year

(Continued

Figure 4. Waste Shipment Record

Federal Register I Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations

INSTRUCTIONS

Waste Generator Section (Items 1-9)

1-. Enter the name of the facility at which asbestos waste is generated andthe address where the facility is located. In the appropriate spaces,also enter the name of the owner of the facility and the owner's phonenumber.

2. If a demolition or renovation, enter the name and address of the companyand authorized agent responsible for performing the asbestos removal.In the appropriate spaces, also enter the phone number of the operator.

3. Enter the name, address, and physical site location of the wastedisposal site (WDS) that will be receiving the asbestos materials. Inthe appropriate spaces, also enter the phone number of the WDS. Enter"on-site" if the waste will be disposed of on the generator's property.

4.. Provide the name and address of the local, State, or EPA Regional officeresponsible for administering the asbestos NESHAP program.

5. Indicate the types of asbestos waste materials generated. If from ademolition or renovation, indicate the amount of asbestos that is

- Friable asbestos material- Nonfriable asbestos material

6. Enter the number of containersused to transport the asbestos materialslisted in item 5. Also enter one of the following container codes usedin transporting each type of asbestos material (specify any other typeof container used if not listed below):

DM - Metal drums, barrelsDP - Plastic drums, barrelsBA - 6 mil plastic bags or wrapping

7. Enter the quantities of each type of asbestos material removed in unitsof cubic meters (cubic yards).

8. Use this space to indicate special transportation, treatment, storageor disposal or Bill of Lading information. If an alternate wastedisposal site is designated, note it here. Emergency responsetelephone numbers or similar information may be included here.

9. The authorized agent of the-waste generator must read and then signand date this certification. The date is the date of receipt bytransporter.

NOTE: The waste generator must retain a copy of this form.

(continued)


48427

48428 Federal Register / Vol. 55, No. 224 / Tuesday, November 20,1990 /Rules and Regulations

Transporter Section (Items 10 & 11)

10. & 11. Enter name, address, and telephone number of each transporterused, if applicable. Print or type the full name and title ofperson accepting responsibility and acknowledging receipt ofmaterials as listed on this waste shipment record for transport.Enter date of receipt and signature.

NOTE: The transporter must retain a copy of this form.

Disposal Site Section (Items 12 & 13).

12. The authorized representative of the WDS must note in this space anydiscrepancy between waste described on this manifest and waste actuallyreceived as well as any improperly enclosed or contained waste. Anyrejected materials should be listed and destination of those materialsprovided. A site that converts asbestos-containing waste material tononasbestos material is considered a WDS.

13. The signature. (by hand) of the authorized WDS agent indicatesacceptance and agreement with statements on this manifest except asnoted in item 12. The date is the date of signature and receipt ofshipment.

NOTE: The WDS must retain a completed:copy of this form. The WDS mustalso send a completed copy .to the operator listed in Item 2.


HILLING CODE 6500-50-C


13. Section 61.152 is redesignated as§ 61.150 and is revised to read asfollows:

§ 61.150 Standard for waste disposal formanufacturing, fabricating, demolition,renovation, and spraying operations.

Each owner or operator of any sourcecovered under the provisions of§ § 61.144, 61.145, 61.146, and 61.147 shallcomply with the following provisions:

(a) Discharge no visible emissions tothe outside air during the collection,processing (including incineration),packaging, or transporting of anyasbestos-containing waste materialgenerated by the source, or use one ofthe emission control and wastetreatment methods specified inparagraphs (a) (1) through (4) of thissection.

(1) Adequately wet asbestos-containing waste material as follows:

(i) Mix control device asbestos wasteto form a slurry; adequately wet otherasbestos-containing waste material; and

(ii) Discharge no visible emissions tothe outside air from collection, mixing,wetting, and handling operations, or usethe methods specified by § 61.152 toclean emissions containing particulateasbestos material before they escape to,or are vented to, the outside air; and

(iii) After wetting, seal all asbestos-containing waste material in leak-tightcontainers while wet; or, for materialsthat will not fit into containers withoutadditional breaking, put materials intoleak-tight wrapping; and

(iv) Label the containers or wrappedmaterials specified in paragraph(a)(1)(iii) of this section using warninglabels specified by Occupational Safetyand Health Standards of the Departmentof Labor, Occupational Safety andHealth Administration (OSHA) under 29CFR 1910.1001(j)(2) or 1926.58(k)(2)(iii).The labels shall be printed in letters ofsufficient size and contrast so as to bereadily visible and legible.

(v) For asbestos-containing wastematerial to be transported off the facilitysite, label containers or wrappedmaterials with the name of the wastegenerator and the location at which thewaste was generated.

(2) Process asbestos-containing wastematerial into nonfriable forms asfollows:

(i) Form all asbestos-containing wastematerial into nonfriable pellets or othershapes;

(ii) Discharge no visible emissions tothe outside air from collection andprocessing operations, includingincineration, or use the method specifiedby § 61.152 to clean~emissionscontaining particulate asbestos material

before they escape to, or are vented to,the outside air.

(3) For facilities demolished where theRACM is not removed prior todemolition according to §§ 61.145(c)(1)(i}, (ii), (iii), and (iv) or for facilitiesdemolished according to § 61.145(c)(9),adequately wet asbestos-containingwaste material at all times afterdemolition and keep wet duringhandling and loading for transport to adisposal site. Asbestos-containing wastematerials covered by this paragraph donot have to be sealed in leak-tightcontainers or wrapping but may betransported and disposed of in bulk.

(4) Use an alternative emissioncontrol and waste treatment methodthat has received prior approval by theAdministrator according to theprocedure described in § 61.149(c)(2).

(5) As applied to demolition andrenovation, the requirements ofparagraph (a) of-this section do notapply to Category I nonfriable ACMwaste and Category II nonfriable ACMwaste that did not become crumbled,pulverized, or reduced to powder.

(b) All asbestos-containing wastematerial shall be desposited as soon asis practical by the waste generator at:

(1) A waste disposal site operated inaccordance with the provisions of§ 61.154, or

(2) An EPA-approved site that ,converts RACM and asbestos-containing waste material intononasbestos (asbestos-free) materialaccording to the provisions of § 61.155.

(3) The requirements of paragraph (b)of this section do not apply to Category Inonfriable ACM that is not RACM.

(c) Mark vehicles used to transportasbestos-containing waste materialduring the loading and unloading ofwaste so that the signs are visible. Themarkings must conform to therequirements of § § 61.149(d)(1) (i), (ii),and (iii).

(d) For all asbestos-containing wastematerial transported off the facility site:

(1) Maintain waste shipment records,using a form similar to that shown inFigure 4, and include the followinginformation:

(i) The name, address, and telephonenumber of the waste generator.

(ii) The name and address of the local,State, or EPA Regional officeresponsible for administering theasbestos NESHAP program.

(iii) The approximate quantity in cubicmeters (cubic yards).

(iv) The name and telephone numberof the disposal site operator.

(v) The name and physical sitelocation of the disposal site.

(vi) The date transported.

(vii) The name, address, andtelephone number of the transporter(s).

(viii) A certification that the contentsof this consignment are fully andaccurately described by proper shippingname and are classified, packed,marked, and labeled, and are in allrespects in proper condition fortransport by highway according toapplicable international and governmentregulations.

(2) Provide a copy of the wasteshipment record, described in paragraph(d)(1) of this section, to the disposal siteowners or operators at the same time asthe asbestos-containing waste materialis delivered to the disposal site.

(3) For waste shipments where a copyof the waste shipment record, signed bythe owner or operator of the designateddisposal site, is not received by thewaste generator within 35 days of thedate the waste was accepted by theinitial transporter, contact thetransporter and/or the owner oroperator of the designated disposal siteto determine the status of the wasteshipment.

(4) Report in writing to the localState, or EPA Regional officeresponsible for administering theasbestos NESHAP program for thewaste generator if a copy of the wasteshipment record, signed by the owner oroperator of the designated wastedisposal site, is not received by thewaste generator within 45 days of thedate the waste was accepted by theinitial transporter. Include in the reportthe following information:

(i) A copy of the waste shipmentrecord for which a confirmation ofdelivery was not received, and

(ii) A cover letter signed by the wastegenerator explaining the efforts taken tolocate the asbestos waste shipment andthe results of those efforts.

(5) Retain a copy of all wasteshipment records, including a copy ofthe waste shipment record signed by theowner or operator of the designatedwaste disposal site, for at least 2 years.

(e) Furnish upon request, and makeavailable for inspection by theAdministrator, all records requiredunder this section.

14. Section 61.153 is redesignated as§ 61.151 and is amended by revising theintroductory text paragraphs (a)(2),(a)(4), and (b)(3), and adding paragraphs(d}and (e) to read as follows:

§ 61.151 Standard for inactive wastedisposal sites for asbestos mills andmanufacturing and fabricating operations.

Each owner or operator of anyinactive waste disposal site that wasoperated by sources covered under


48430 Federal Register I Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations§ § 61.1424 61.144, or 61.147 and receiveddeposits of asbestos-containing wastematerial generated by the sources, shall:

(a) * * *

(2) Cover the asbestos-containingwaste material with at least 15centimeters (6 inches) of compactednonasbestos-containing material, andgrow and maintain a cover of vegetationon the area adequate to preventexposure of the asbestos-containingwaste material. In desert areas wherevegetation would be difficult tomaintain, at least 8 additionalcentimeters (3 inches) of well-graded,nonasbestos crushed rock may beplaced on top of the final cover insteadof vegetation and maintained to preventemissions; or* * ,* * ,

(4) For inactive waste disposal sitesfor asbestos tailings, a resinous orpetroleum-based dust suppression agentthat effectively binds dust to controlsurface air emissions may be usedinstead of the methods in paragraphs (a)(1), (2), and (3) of this section. Use theagent in the manner and frequencyrecommended for the particularasbestos tailings by the manufacturer ofthe dust suppression agent to achieveand maintain dust control. Obtain priorwritten approval of the Administrator touse other equally effective dustsuppression agents. For purposes of thisparagraph, any used, spent, or otherwaste oil is not considered a dustsuppression agent.

(b) * * *(3) When requesting, a determination

on whether a natural barrier adequatelydeters public access, supply informationenabling the Administrator to determinewhether a fence or a natural barrieradequately deters access by the generalpublic.

(d) Notify the Administrator in writingat least 45 days prior to excavating orotherwise disturbing any asbestos-containing waste material that has beendeposited at a waste disposal site underthis section, and follow the proceduresspecified in the notification. If theexcavation will begin on a date otherthan the one contained in the originalnotice, notice of the new start date mustbe provided to the Administrator atleast 10 working days before excavationbegins and in no event shall excavationbegin earlier than the date specified inthe original notification. Include thefollowing information in the notice:

(1) Scheduled starting and completiondates.

(2) Reason for disturbing the waste.(3) Procedures to be used to control

emissions during the excavation,

storage, transport, and ultimate disposalof the excavated asbestos-containingwaste material. If deemed necessary, theAdministrator may require changes inthe emission control procedures to beused.

(4) Location of any temporary storagesite and the final disposal site.

(e) Within 60 days of a site becominginactive and after the effective date ofthis subpart, record, in accordance withState law, a notation on the deed to thefacility property and on any otherinstrument that would normally beexamined during a title search; thisnotation will in perpetuity notify anypotential purchaser of the property that:

(1) The land has been used for thedisposal of asbestos-containing wastematerial-

(2) The survey plot and record of thelocation and quantity of asbestos-containing waste disposed of within thedisposal site required in §' 61.154(f) havebeen filed with the Administrator; and

(3) The site is subject to 40 CFR part61, subpart M.

15. Section 61.154 is redesignated as§ 61.152 and amended by removingparagraph (a)(1)(i), redesignatingparagraphs (a](11(ii)-(iv) as paragraphs(a)(1)(i)-(iii), redesignating paragraph(b)(2) as paragraph (b)(3], revising theintroductory text of paragraph (a) andparagraphs (b)(1) and (b)(3), and addingparagraphs (a)(3] and (b)(2) to read asfollows:

§ 61.152 Air cleaning.(a) The owner or'operator who uses

air cleaning, as specified in §§ 61.142(a),61.144(b)(2), 61.145(c)(3)(i)(B)(1),61.145(c)(4)(ii), 61.145[c)(11)(i),61.146(b)(2), 61.147(b)(2), 61.149(b),61.149[c)(1}{ii), 61.150{a)(1)[ii),

61.150(a)(2)(ii), and 61.155(e) shall:

(3] For fabric filter collection devicesinstalled after January 10, 1989, providefor easy inspection for faulty bags.

(b) * * *(1) After January 10, 1989, if the use of

fabric creates a fire or explosion hazard,or the Administrator determines that afabric filter is not feasible, theAdministrator may authorize as asubstitute the use of wet collectorsdesigned to operate with a unitcontacting energy of at least 9.95kilopascals (40 inches water gagepressure).

(2) Use a HEPA filter that is certifiedto be at least 99.97 percent efficient for0.3 micron particles.

(3) The Administrator may authorizethe use of filtering equipment other thandescribed in paragraphs (a)(1) and (b)(1)and (2) of this section if the owner oroperator demonstrates to the

Administrator's satisfaction that it isequivalent to the described equipment infiltering particulate asbestos material.

16. Section 61.155 is redesignated as§ 61.153 and amended by redesignatingparagraphs (a)(3) and (a)(4) asparagraphs (a)(4) and (a)(5),respectively, revising the introductorytext of paragraphs (a), (a)(4), and (a)(5)and revising paragraphs (a)(21, (a)(4(ii)and (iii), and (b), and adding paragraph(a)(3) to read as follows:

§ 61.153 Reporting.(a) Any new source to which this

subpart applies (with the exception ofsources subject to §§ 61.143, 61.146, and61;148), which has an initial startup datepreceding the effective date of thisrevision, shall provide the followinginformation to-the Administratorpostmarked or delivered within 90 daysof the effective date. In the case of anew source that does not have an initialstartup date preceding the effectivedate, the information shall be provided,postmarked or delivered, within 90 daysof the initial startup date. Any owner oroperator of an existing source shallprovide the following information to theAdministrator within 90 days of theeffective date of this subpart unless theowner or operator of the existing sourcehas previously provided this informationto the Administrator. Any changes in theinformation provided by any existingsource shall be provided to theAdministrator, postmarked or delivered,within 30 days after the change.* * * *

(2) If a fabric filter device is used tocontrol emissions,(i) The airflow permeability in mS/min/mr (ft3 /min/ft2 ] if the fabric filterdevice uses a woven fabric, and, if thefabric is synthetic, whether the fill yarnis spun or not spun, and

(ii) If the fabric filter device uses afelted fabric, the density in gfm2 (oz/yd 2 ), the minimum thickness inmillimeters (inches), and the airflowpermeability in m3/min/m 2 (ft3 /min/ft 2}.

(3) If a HEPA filter is used to controlemissions, the certified efficiency.

(4] For sources subject to §§ 61.149and 61.150:

(ii) The average volume of asbestos-- containing waste material disposed of,

measured in mS/day (yd3/day); and(iii) The emission control methods

used in all stages of waste disposal; and

(5) For sources subject to §§ 61.151and 61.154:

48430 Federal Register / Vol. 55, No. 224 1 Tuesday, November 20, 1990 / Rules and Regulations


(b) The information required byparagraph (a) of this section mustaccompany the information required by§ 61.10. Active waste disposal sitessubject to J 61.154 shall also complywith this provision. Roadways,demolition and renovation, spraying,and insulating materials are exemptedfrom the requirements of § 61.10(a). Theinformation described in this sectionmust be reported using the format ofAppendix A of this part as a guide.

17. Section 61.156 is redesignated as§ 61.154 and amended by revising theintroductory text of § 61.154, paragraphs(c) and (d), and adding paragraphs (e)through (j) to read as follows:

§ 61.154 Standard for active wastedisposal sites.

Each owner or operator of an activewaste disposal site that receivesasbestos-containing waste material froma source covered under 1 161.149, 61.150,or 61.155 shall meet the requirements ofthis section:

(c) Rather than meet the no visibleemission requirement of paragraph (a) ofthis section, at the end of each operatingday, or at least once every 24-hourperiod while the site is in continuousoperation, the asbestos-containingwaste material that has been depositedat the site during the operating day orprevious 24-hour period shall:

(1) Be covered with at least 15centimeters (6 inches) of compactednonasbestos-containing material, or

(2) Be covered with a resinous orpetroleum-based dust suppression agentthat effectively binds dust and controlswind erosion. Such an agent shall beused in the manner and frequencyrecommended for the particular dust bythe dust suppression agent manufacturerto achieve and maintain dust control.Other equally effective dust suppressionagents may be used upon prior approvalhy the Administrator. For purposes ofthis paragraph, any used, spent, or otherwaste oil is not considered a dustsuppression agent.

(d) Rather than meet the no visibleemission requirement of paragraph (a) ofthis section, use an alternativeemissions control method that hasreceived prior written approval by theAdministrator according to theprocedures described in § 61.149(c)(2).

(e) For all asbestos-containing wastematerial received, the owner or operatorof the active waste disposal site shall:

(1) Maintain waste shipment records,using a form similar to that shown in'Figure 4, and include the followinginformation:

(i) The name, address, and telephonen umber of the waste generator.

(ii) The name, address, and telephonenumber of the transporter(s).

(iii) The quantity of the asbestos-containing waste material in cubicmeters (cubic yards).

(iv) The presence of improperlyenclosed or uncovered waste, or anyasbestos-containing waste material notsealed in lead-tight containers. Report inwriting to the local, State, or EPARegional office responsible foradministering the asbestos NFSHAPprogram for the waste generator(identified in the waste shipmentrecord), and, if different, the local. State,or EPA Regional office responsible foradministering the asbestos NESHAPprogram for the disposal site, by thefollowing working day, the presence of asignificant amount of improperlyenclosed or uncovered waste. Submit acopy of the waste shipment record alongwith the report.

(v) The date of the receipt.(2) As soon as possible and no longer

than 30 days after receipt of the waste,send a copy of the signed wasteshipment record to the waste generator.

(3) Upon discovering a discrepancybetween the quantity of wastedesignated on the waste shipmentrecords and the quantity actuallyreceived, attempt to reconcile thediscrepancy with the waste generator. Ifthe discrepancy is not resolved within15 days after receiving the waste,immediately report in writing to thelocal, State, or EPA Regional officeresponsible for administering theasbestos NESHAP program for thewaste generator (identified in the wasteshipment record), and, if different, thelocal, State, or EPA Regional officeresponsible for administering theasbestos NESHAP program for thedisposal site. Describe the discrepancyand attempts to reconcile it, and submita copy of the waste shipment recordalong with the report. ,

(4) Retain a copy of all records andreports required by this paragraph for atleast 2 years.

(f) Maintain, until closure, records ofthe location, depth and area, andquantity in cubic meters (cubic yards) ofasbestos-containing waste materialwithin the disposal site on a map ordiagram of the disposal area.

(g) Upon closure comply with all theprovisions of § 61.151.

(h) Submit to the Administrator, upox,closure of the facility, a copy of recordsof asbestos waste disposal locationsand quantities.

(i) Furnish upon request, and makeavailable during normal business hoursfor inspection by the Administrator, allrecords required under this section.

(j) Notify the Administrator in writingat least 45 days prior to excavating orotherwise disturbing any asbestos-containing waste material that has beendeposited at a waste disposal site and iscovered. If the excavation will begin ona date other than the one contained inthe original notice, notice of the newstart date must be provided to theAdministrator at least 10 working daysbefore excavation begins and in noevent shall excavation begin earlier thanthe date specified in the originalnotification. Include the followinginformation in the notice:

(1) Scheduled starting and completiondates.

(2) Reason for disturbing the waste.(3) Procedures to be used to control

emissions during the excavation,storage, transport, and ultimate disposalof the excavated asbestos-containingwaste material. If deemed necessary, theAdministrator may require changes inthe emission control procedures to beused.

(4) Location of any temporary storagesite and the final disposal site.

18. Section 61.155 is added to subpartM to read as follows:

§ 61.A55 Standard for operations thatconvert asbesto-containing waste materialInto nonasbestos (asbestos-free) material

Each owner or operator of anoperation that converts RACM andasbestos-containing waste material intononasbestos (asbestos-free) materialshall:

(a) Obtain the prior written approvalof the Administrator to construct thefacility. To obtain approval, the owneror operator shall provide theAdministrator with the followinginformation:

(1) Application to construct pursuantto § 61.07.

(2) In addition to the informationrequirements of § 61.07(b)(3), a

(i) Description of waste feed handlingand temporary storage.

(i) Description of process operatingconditions.

(iii) Description of the handling andtemporary storage of the end product.

(iv) Description of the protocol to befollowed when analyzing outputmaterials by transmission electronmicroscopy.

(3) Performance test protocol,including provisions for obtaininginformation required under paragraph(b) of this section.

(4) The Administrator may requirethat a demonstration of the process beperformed prior to approval of theapplication to construct.

48432 Federal Register I Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations(b) Conduct a start-up performance

test. Test results shall include:(1) A detailed description of the types

and quantities of nonasbestos material,RACM, and asbestos-containing wastematerial processed, e.g., asbestoscement products, friable asbestosinsulation, plaster, wood, plastic, wire,etc. Test feed is to include the full rangeof materials that will be encountered inactual operation of the process.

(2) Results of analyses, usingpolarized light microscopy, thatdocument the asbestos content of thewastes processed.

(3) Results of analyses, usingtransmission electron microscopy, thatdocument that the output materials arefree of asbestos. Samples for analysisare to be collected as 8-hour compositesamples (one 200-gram (7-ounce) sampleper hour), beginning with the initialintroduction of RACM or asbestos-containing waste material andcontinuing until the end of theperformance test.

(4) A description of operatingparameters, such as temperature andresidence time, defining the full rangeover which the process is expected tooperate to produce nonasbestos(asbestos-free) materials. Specify thelimits for each operating parameterwithin which the process will producenonasbestos (asbestos-free) materialst

(5) The length of the test.(c) During the initial 90 days of

operation,(1) Continuously monitor and log the

operating parameters identified duringstart-up performance tests that areintended to ensure the production ofnonasbestos (asbestos-free) outputmaterial.

(2) Monitor input materials to ensurethat they are consistent with the testfeed materials described during start-upperformance tests in paragraph (b)(1) ofthis section.

(3) Collect and analyze samples, takenas 10-day composite samples (one 200-gram.(7-ounce) sample collected every 8hours of operation) of all output materialfor the presence of asbestos. Compositesamples ma be for fewer than 10 days.Transmission electron microscopy(TEM) shall be used to analyze theoutput material for the presence ofasbestos. During the initial 90-dayperiod, all output materials must bestored on-site until analysis shows thematerial to be asbestos-free or disposed

of as asbestos-containing wastematerial according to § 61.150.

(d) After the initial 90 days ofoperation,

(1) Continuously monitor and recordthe operating parameters identifiedduring start-up performance testing andany subsequent performance testing.Any output produced during a period ofdeviation from the range of operatingconditions established to ensure theproduction of nonasbestos (asbestos-free) output materials shall be:

(i) Disposed of as asbestos-containingwaste material according to § 61.150, or

(ii) Recycled as waste feed duringprocess operation within the establishedrange of operating conditions, or

(iii) Stored temporarily on-site in aleak-tight container until analyzed forasbestos content. Any product materialthat is not asbestos-free shall be eitherdisposed of as asbestos-containingwaste material or recycled as wastefeed to the process.

(2) Collect and analyze monthlycomposite samples (one 200-gram (7-ounce) sample collected every 8 hours ofoperation) of the output material.Transmission electron microscopy shallbe used to analyze the output materialfor the presence of asbestos.

(e) Discharge no visible emissions tothe outside air from any part of theoperation, or use the methods specifiedby § 61.152 to clean emissionscontaining particulate asbestos materialbefore they escape to, or are vented to,the outside air.

(f) Maintain records on-site andinclude the following information:

(1) Results of start-up performancetesting and all subsequent performancetesting, including operating parameters.feed characteristic, and analyses ofoutput materials.

(2) Results of the composite analysesrequired during the initial 90 days ofoperation under § 61.155(c).

(3) Results of the monthly compositeanalyses required under § 61.155(d).

(4) Results of continuous monitoringand logs of process operatingparameters required under § 61.155 (c)and (d).

(5] The information on wasteshipments received as required in§ 61.154(e).

(6) For output materials where noanalyses were performed to determinethe presence of asbestos, record the

name and location of the purchaser ordisposal site to which the outputmaterials were sold or deposited, andthe date of sale or disposal.

(7) Retain records required byparagraph (f) of this section for at least 2years.

(g) Submit the following reports to theAdministrator:

(1) A report for each analysis ofproduct composite samples performedduring the initial 90 days of operation.

(2) A quarterly report, including thefollowing information concerningactivities during each consecutive 3-month period:

(i) Results of analyses of monthlyproduct composite samples.

(ii) A description of any deviationfrom the operating parametersestablished during performance testingthe duration of the deviation, and stepstaken to correct the deviation.

(iii) Disposition of any productproduced during a period of deviation,including whether it was recycled,disposed of as asbestos-containingwaste material, or stored temporarilyon-site until analyzed for asbestoscontent.

(iv) The information on wastedisposal activities as required in§ 61.154(f).

(h) Nonasbestos (asbestos-free) outputmaterial is not subject to any of theprovisions of this subpart. Outputmaterials in which asbestos is detected,or output materials produced when theoperating parameters deviated fromthose established during the start-upperformance testing, unless shown byTEM analysis to be asbestos-free, shallbe considered to be asbestos-containingwaste and shall be handled anddisposed of according to § § 61.150 andb1.154 or reprocessed while all of theestablished operating parameters arebeing met.

19. Section 61.156 is added to subpartM to read as follows:

§61.156 Cross-reference to otherasbestos regulations.

In addition to this subpart, theregulations referenced in Table 1 alsoapply to asbestos and may be applicableto those sources specified in § § 61.142through 61.151, 61.154, and 61.155 of thissubpart. These cross-references arepresented for the reader's informationand to promote compliance with thecited regulations.

48432 Federal Register / Vol.' 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations


20. Section 61.157 is added to subpart contained in paragraph (b) of this (2) Section 61.150(a)(4)M to read as follows: section shall be retained by the (3) Section 61.151(c)

Administrator and not transferred to a (4) Section 61.152(b)(3)§ 61.157 Delegation of authority. State. (5) Section 61.154(d)

(a) In delegating implementation and (b) Authorities that will not be (6) Section 61.155(a).enforcement authority to a State under delegated to States: [FR Doc. 90-26835 Oiled 11-1990; 8:45 am)section 112(d) of the Act, the authorities (1) Section 61.149(c)(2) BILLING CODE 6560-W-M

TABLE 1.-CROSS-REFERENCE TO OTHER ASBESTOS REGULATIONS

Agency CFR citation Comment

EPA 40 CFR 763, Subpart E, F .......................................................................... Requires schools to inspect for asbestos and implement response actions andsubmit asbestos management plans to States. Specifies use of accreditedinspectors, air sampling methods, and waste disposal procedures.

40 CFR 427 .................................................................................................. Effluent standards for asbestos manufacturing source categories.:40 CFR 763, Subpart G ............................................................................ Protects public employees performing asbestos abatement work in States not

covered by OSHA asbestos standard.OSHA 29 CFR 1910.1001 .................................................................................... Worker protection measures--engineering controls, worker training, labeling, respi-

ratory protection, bagging of waste, 0.2 f/cc permissible exposure level.29 CFR 1926.58 ............................................................................................ Worker protection measures for all construction work involving asbestos, including

demolition and renovation-work practices, worker training, bagging of waste, 0.2.f/cc permissible exposure level.

MSHA 30 CFR 56, Subpart D .................................... ............................................ Specifies exposures limits, engineering controls, and respiratory protection meas-ures for workers in surface mines.

30 CFR 57, Subpart D .................................... ..... . Specifies exposure limits, engineering controls, and respiratory -protection measuresfor workers in underground mines.

DOT 49 CFR 171 and 172 ................................................................................... Regulates -the transportation of asbestos-containing waste material. Requires wastecontainment and shipping papers.

Documents

(,1 2 1/,1( - US EPA · device and fugitive emission monitoring, recordkeeping, and reporting for asbestos milling, manufacturing, and fabricating operations. ... demolition or renovation