Document 15nBrjz9jnJJ8nYOw4Q79NanX

:04G6 FEDERAL REGULATIONS .nan 1 percent asbestos on n tlry weight waste material which Is generated by any asbestos-containing waste mate basis. such source. rial which is generated by such source. Ur Sources subject to this paragraph (2) All asbestos-containing waste ma (2) All asbestos-containing waste ma nre exempt from the requirements of terial shall be deposited at waste dis terial shalt be deposited at waste 3 C1.05ta), 5 61.0V, mid 5 01.09. posal sites which arc operated in accord disposal sites which arc operated in ac (21 Any owner or operator who in ance with the provisions of 61.25. cordance with tlie provisions of 3 01.25. tends to spray asbestos materials which (3) Rather than meet the'requirement (3) Rather than meet the requirement contain more than 1 percent asbestos on of paragraph (j) (1) of this section, an of paragraph (k)(l) or this section, an a dry weight basis to Insulate or lireproof owner or operator may elect to use owner or operator may elect to meet equipment and machinery shall report either of the disposal methods specified the following requirements in para such intention to the Administrator at under (j)(3)(i> and (ii) of this section, graphs ik) 13) (i) and lii). or use an least 20 days prior to the commencement or an alternative disposal method which alternative disposal method which lias of the spraying operation. Such report has received prior approval by the Ad- received prior approval by the Admin shall include the following'information: mi istrator: J40 Fit 4S29?. October 14, 1 9751 (I) Name of owner or operator. (ii) Address of owner or operator. (lit) Location cf spraying operation, (iv) Procedures to be followed to meet flit requirements of this paragraph. (f) Rather than meet the no-visiblecmission requirements as sperificd by Erdl device asbestosv.-c.ste shall be thoroughly mixed with water into a slurry and other asbestus-cnntainir.g waste material shall be adequately wetted. There shall be no visible emis sions to the outside air from the collec tion, mixing and wetting operations, ex ii) There shall be no visible emissions to the outside air from the transfer of control device asbestos waste to the tailings conveyor, except as provided in paragraph (f) of tills section. Such waste shall be subsequently processed cither as specified in paragraph ik.H3)(ii) of this section or as specified in paragraph ijM3> of this section. paragraphs (a), <c>, (d'.'(c). <h>. (j), cept as provided in paragraph (f) of this (ii) All asbestos-containing waste and (k> of this section, an owner or op section. material shall be adequately mixed, with erator may eicct to use the methods spec wetting agent recommended by the ./ ified by 5 61.23 to clean emissions con -amifacturer of the agent to effectively taining particulate asbestos material be ' t dust and tailings, prior to deposition fore such emissions escape to. or are a waste disposal site. Such agent shall vented Ip. the outside air. used as recommended for the partic- (g) Where the presence of uncombined water is the sole reason, for failure to meet the no-visiblc-cmirsion require01011' of paragraphs (a), tc>, (d>. (c), h), (j). or C.k) of this section, such failire shall not be a vitiation of such cmision requirements. (h> Fabricating: There shall be no isible emissions lo the outside air, excpt as provided in perugiaph O') of this ection, from any of the following oprations if they use commercial asbestos r from any building or structure in liicli such operations are conducted. (1) The fabrication of cement building roducls. (2) The fabrication of friction prodcts, except those operations that primrily install asbestos friction materials n motor vehicles. (3) The fabrication of cement or siliite board for ventilation hoods: ovens; iectrical panels; laboratory furniture; ulkheacls. partitions and codings for arinc construct ion; and flow control containers specified under paragraph (j) (3) (i) (13) of this section shall be labeled with a warning label that states: Caution Contains Asbestos Avow! Opening or Breaking Container Breathing Asbestos Is Hazardous to Your Health AJternatix'ely. warning labels specified by Occupational Safety and Health Standards of the Department of Labor. Occupational Safety and Health Admin istration (OSHA) under 29 CFR 1910.93a(g) (2) (ii) may be used. (ii) Processing of asbestos-containing waste material into non-friable forms: (A) All asbestos-containing waste material shall be formed into non-friable pellets or other shapes and deposited at waste disposal sites which are operated r dust by the manufacturer of the gent. There shall be no discharge of visible emissions to the outside air from the wetting operation except as specifiedin paragraph if) of this section. Wetting' may be suspended when the ambient temperature at the waste disposal site la less than --9.5'C <ca. lo'F). The ambient air temperature shall be determined by an appropriate measurement method with an accuracy of 1"C (-2'F) and recorded at -east at hourly intervals dur ing the period that the operation of the wetting system is suspended. Records of sucii temperature measurements shall be retained at the source for a minimum of two years and made available for inspec tion by the Administrator. (1) The owner of any inactive waste disposal site, which was^operated by source.Tcovered under 5 61.22 (a), (c) or ih/ and where ashestos-containing waste material produced by such sources was deposited, shall meet the following standards: rvices for the molten metal industry. <i) Insulating: Molded insulating marials which are friable and wcl-appkcd sulating materials which are friable ter drying, installed after the effective ite of these regulations, shall contain in accordance with the provisions '.of 5 61.25. (S) 'There shall be no visible emis sions to the outside air from the collec tion and processing of asbestoscontaining waste material, except as (1) There shall be no visible emissions to the outside air from an inactive waste disposal site subject to this paragraph, except as provided in paragraph U) (5) of this section. ) commercial asbestos. The provisions specified in paragraph (f) of this section. (2) Warning signs shall be displayed this paragraph.do not apply to insti (4) For the purposes of this para at all entrances, and along the property ling materials xvbich art?spray applied; graph (j), the term all asbestos-con line of the site or along the perimeter of eh materials are regulated under taining waste material as applied to the sections of the site where asbestos- / 11.22(c). demolition and renovation operations containing waste material was deposited, ^ (j) Waste disposal for manufacturing, covered by paragraph id) of this sec at intervals of 100 m tea. 320 ft) or less, bricating, demolition, renovation arid tion includes only friable asbestos waste except as specified in paragraph <i>(4) raying operations: The owner or 0'>- and control device asbestos waste. of this section. Signs shall be posted in Uor of any source covered under the <k) Waste disposal for asbestos mills: such a manner and location that a person ovisions of paragraphs (c), id), (e), The owner or operator of any source may easily read the legend. The xvaming (h) of this section shall meet the foi covered under the provisions of para signs required by this paragraph shall ling standards: graph (a) of this section shall meet the conform to the requirements of 20" x 14" (I) There shall be no visible emissions following standard: upright format signs specified in 29 CFR the outside air, except as provided in (1) There shall be no visible emis 19Hi.l45(d) (4> and this paragraph. The ragraph (j)(3> ot tins section, riur- sions to ttic outside air. except as pro signs shall display the following legend : the collection; processing. Including vided in paragraph ` k' (3> of this section, in the lower panel, with letter sizes and Incration; p.ickaring; transporting; during the collection, processing, pack styles of a visibility at least equal to those deposition of nny asbestos-containing aging, transporting or deposition of specified In this paragraph. Environment Reporter (Soc. 61.22(11(2)1 86 ) C 0D03S7 LAM022266 *" 41*1104 In accomplishing this objective, EPA conducted more than 100 field inspections in 1975, and initialed 36 en forcement actions. As additional new source categories received regulatory coverage, and as additional sources now under construction commence operations the NSPS program will assume increasing relative importance within the framework of attaining, and maintaining, ambient air quality standards. In view of this, as well as in view of the expected growth in the associated workload, EPA is undertaking efforts to delegate enforcement authority to Slate and local air pollution control agencies for maximum effec tive coverage. By December 1975, authority to carry out the NSPS "program had been officially delegated to 15 States and 12 local agencies, and proposals for delegation were being discussed with many others. On October 14, 1975, EPA promulgated amendments to NESHAPS regulations for HtaMBSInd mercury. These regulations establish asbestos emission standards for the manufacturing of shotgun shells and asphalt con crete, the fabrication of various asbestos products in cluding cement building products and friction products, the disposal of asbestos wastes, as well as standards for mercury emissions for sewage sludge incineration and drying operations. On December 24, 1975, EPA also proposed standards for the control of vinyl chloride emission from ethylene dichloride, vinyl chloride, and polyvinyl chloride plants. By December 1975, EPA had determined that 770 in dustrial sources arc subject to promulgated NESHAPS requirements. Ninety-six percent of these sources are in compliance either with the standards or with increments of progress specified in EPA approved schedules. Also by the end of 1975, twelve States and twelve local agencies had requested and were delegated enforcement authority for NESHAPS. First Criminal Conviction for NESHAPS violation -In April of 1976, a superint Cd&Sf regulatiphsj -___ ____ sulatioMf^^aMHp^MWMMgBWWBHBig Chiet Wrecking Company of Fort Lauderdale, Florida, and its foreman in> charge of the demolition leading to the en forcement action thus became the first violators to be criminally convicted under Section 112 of the Clean Air Act. The complaint leading to conviction of Big Chief Wrecking Company was filed at EPA's request on January 6, 1975, by U.S. Attorney Gerald J. Gallinghouse's office in New Orleans. The EPA procedures, issued in 1973, require the wetting of asbestos materials and their removal in dust-tight con tainers prior to the general destruction of a building. Numerous studies by medical researchers had shown an association between occupational exposure to asbestos in the air, and a higher-than-cxpcctcd incidence of Ac uJvrq / federal laws bronchial cancer. Asbestos is also considered a causal factor in cancers occuring in the membranes lining the chest and abdomen. Some of the demolition workers at the site at the lime the violation occurred -- the destruction of the Old Hotel Dieu Hospital in New Orleans -- testified during the trial that they were never warned of the asbestos hazards by the foreman, despite a visit by EPA inspectors. Under the Clean Air Act, the maximum allowable penalties are one year imprisonment and a S25.000 fine per day of viola tion. It is estimated that some 3,300 major demolition operations occur nationwide each year. EPA will con tinue to press for compliance with these important public health protection measures, SECTION 119 -- ENERGY RELATED AUTHORITY The Energy Supply and Environmental Coordination Act (ESECA) of 1974 (42 U.S.C. 1857, Supp. 1975) amended the Clean Air Act, adding Section 119 to "....provide a means to assist in meeting the essential needs of the United States for fuels, in a manner which is consistent, to the fullest extent practicable, with existing national commitments to protect and improve the en vironment.... " Under ESECA's provisions, the Federal Energy Ad ministration is empowered to prohibit the use of petroleum products and natural gas at power plants and other major fuel-burning installations in order to further the primary goal of fuel savings. In recognition of the in crease in emissions which result from conversions to coal, EPA is provided an integral role to insure that primary standards are not exceeded while FEA prohibition orders are in effect and to insure expeditious compliance with applicable SIP requirements. Whenever the FEA Administrator issues an order to a fuel burning source under Section 2(a) of ESECA which will apply after June 30, 1975, the Administrator of EPA is required to notify FEA if the source can burn coal and comply immediately with all applicable air pollution re quirements without compliance date extension. If such notification is not given, then the EPA Administrator must certify to FEA: (1) when a source which is receiving a compliance date extension can comply with primary standard conditions and/or regional limitations: or (2) when a source not receiving a compliance date extension fan comply with all air pollution control requirements. As of January 1, 1976, the Administrator of EPA has notified FEA that four plants can burn coal and comply immediately with all air pollution control requirements without a compliance date extension. The plants are: (1) Ames Station, Unit 7, Ames Electric Utility, Ames, Iowa; (2) Maynard Station, Unit 14, Iowa Public Service Company, Waterloo, Iowa; (3) Des Moines Station, Unit 11, Iowa Power Light Company, Des Moines, Iowa; and (4) Weston Station, Unit 2, Wisconsin Public Service Corporation, Rothchild, Wisconsin. In January of 1975, temporary suspensions of applicable stationary source fuel and emissions limitations became effective for three facilities in Massachusetts: these included the New England Power Environment Reporter 4 >C 000358 i LAM022267