Document 3mbNyKKmDVD8YDwG7NyK1YKE

1 PLAINTIFF'S I | -. EXHIBIT Tli'OOOS WRG - 1 78 1 : *wn vw* Sovanbcr 30, 1571 20ARS In v;a siki *.53ZST0S RZC \ / r) ) ;cxs ) 7> XOTICZ 0? PR0P0SZL FINAL DRAFT- 37, Following hearings, tho Board or. November 23, 1971 authorized publication of tha following proposed final draft of aabastoa mission regulations for final public consent. Written consent will be accepted until Deeesber 15, 1971, with final adoption ex* pected in late Decaabe^ 1971 or. early January, 1972. ILLINOIS POLLUTION CONTROL BOARS Rules and Regulations (Proposed final draft published for p&lic consent November 30, 1971. Not adopted by the Board. Consents are invited and should be directed to Samuel T. Lawton, Jr.) Chapter V: Nnucrdcus Substancac Title Ij Asbestos and Spray Insulation and Fireproofing Part I: Part II* Part Ills Part IV* Table of Contents Introduction urn-- Authority 102. Policy 103. Definitions General Recuironents 261. Safety end Waste Disposal 202. Parsit for manufacturing Construction, Alteration and Reoair of Structure . 261. Spray asbestos prohibited 302. Son-asbestos spray insulation 303. Enclosure for asbestoa construction 304 No visible enission 305. Preelude exposure to circulating sir Paaolitlon 4S1. Necessary snd prseticsbls safeguards PLAINTIFF'S EXHIBIT, . h'lQtjJOllX Mi4TA1 bM*. aUPFUrea Part Vi >*rt V2i Xar.r.facturinc . 501. i^issicr. standards; Sampling t Counting Procedures SC2. Vor.rir.gxof all emissions "fco.c.sr.trei sources 5C3. Inspection 5C4. Monitoring and raportir.g 3C5. ' ?rocass waste watar effluent criteria SC. --Sludge disposal 507. Transportation of asbastos " containing ' products SOS. 2?o visible emission . % * Local 2r.forcar.ant SOI. -Obligation to anforea ' PAP? If IKTSOSCCTIOy 101. Authority Pursuant to the authority in Sections 9, 10 and 13 of the Environmental Protection Act which empower the Board to adopt tabulations forbidding the "sale, offer, or use for reasons of aar pollution control" of any article, and to t "siaiMlard* specifying the maximum amounts or concentrations of various contaminants that may be discharged into the atmosphere"; and to set standards for the issuance of permits for the operation of any equipment or facility capable of causing or contributing to air pollution; ar.d to promulgate "conditions regarding the... use of any....article determined by the Board to constitute an air pollution hazard"; and to adopt effluent standards limiting the amounts of contaminants that may be discharged into the water of Illinois, the Beard adopts the following rules end regulations: 102. Policy It is the purpose of the General Assembly in adopting the Environmental Protection Act to maintain end enhance the purity of the r and watar of Illinois in order to protect health, welfare and the quality of Ufa. Accordingly, it Is hereby determined that the uncontrolled discharge of asbestos fiber into the environment tends to severely endanger tha public health and welfare and that the uncontrolled spraying of fiber-containing materials unreasonably interferes with the enjoyment of life and property. 25067986 i. 71/0910 -3- It is the purpose of these regulations to control the amount of asbestos fiber rclessod into the environment from the major sources of emission. Such control is necossary'not only to protect those members of the public who ere in proximity to heavy concentrations of asbestos fiber but. also to safeguard the health of future generations endangered by tho continuous discharge of * asbestos fiber which ear. be toxic and which tends to bo cumuisvivc both in the atmosphere and in the human body. Where health can be protected by the adoption of an emission standard or of procedural safeguards, such a course hes been pursued. Ir. those instances where restriction is unfeasible because of the unusual natura of the emission source (stray asbestos at construction sites) a produet ban has been resorted to. This prohibition has bean made with full consideration given to the available alternative material's. It is also the purpose of these reguletions to reduce the emission of non-asbestos particulate from spray-fircproofir.g and insulation. To proteet against these emissions, the biological effects of which are unknown, procedural safeguards havo boon enacted. 103. Definitions Agency The Illinois Environmental Protection /.gcr.cy Asbestos Any fiber or any mixture containing fiber of hydrated silicate miners3, which, en .the bnsia of its crystalline structure, fails into one of two categoriest (1) pyroxenes - ehrysotile fiber; (2) amphiboles - crocidolite, amssite, tremolite, eetinolite or anthephilite fiber. board The Pollution Control Board of Illinois. Commercial Activity Any activity done' for hire or having financial profit as a primary aim. Debris Asbestos-containing waste produced by the demolition of e structure Spraying The pneumatic application of material used for fireproofing or insulation. Waste Any asbestos-containing matter which has been or is intended to be diecarded. *3067917 :_'V* 71/091 VA3? ZZ: Ganar-a.! TiCffulramar.ts 20 ' After June 30/ 1972 no commercial activity, sot ethervio hereinafter prohibited, involving the potential discharge 6f visible amounts of asbestos fiber cr Asbestos-containing s*reriels into the environment from the construction, alteration, repair or demolition of a structure or from tho processing or manufacturing of asbestos-containing products,.shell be eosductod unless the person or entity is charge of such activity complies with the following regulations: Ca) 7crsonr.el shall he designated to exercise full-time supervisory authority ever all aspects cf tho activity from which the release of asbestos fiber into the environment could result, in such a manner as to insure compliance with the pertinent asbestos control regulations. (b) Snch employee engaged ir. such activity shall .complete a course of instruction or. the potential hazards of exposure to asbestos fiber, including the precautions that must be observod to prevent or restrict the dispersion of asbestos fiber, into the environment* Cc) Facilities shall be provided end procedures instituted and supervised that prevent the removal from the sit* r, t visibjA amounts of asbestos-containing material on -the clothing of tho employees.* - id) Asbestos-containing wastes shell be immediately vacuumed or otherwiee collected where vacuuming is impossible 'and shall be placed in a container roeietant to tearing or breaking under normal handling ccnditione, which shall be tightly sealed and clearly marked ea containing asbestos waste. Such containers shall ba placed directly upon a -vehicle for disposal by burial at a sanitary landfill*. - Section 201(d) shell not apply to tho demolition of a structure* oxeopt as provided in Section 401 (d) . and () or to tho disposal of sludge waste except as provided in Soetion 506. 202. After Juno 30, 1973 tho manufacturing or processing of asbestos containing products is prohibit** *uless tho person or entity in charge of such activity has wained a permit *rea the Agency. Sefore obtaining such permit the applicant ehal- demonstrate compliance with Sec. 201 and such additional standards as ars hereinafter specifically required. 2906791*  f -5- ?AS! Cons tion, Altirttic:. tri Repair of a Structure 301. The spraying of asbestcs-containi: ic matar'iSli is aro'*-'^' ? after Xareh 31, IS73. 302. Xor.-asbestos fibroue setter shall net be sprayed in an are* open-to. are taker.: the amosphere unless the folleving procedures (a) The entire floor or area to be sprayed shall fe* enclosed vith plastie or plastic-eoated tarpaulins in a sanner vhieh shall preelude the escape of fibercontaining saterial from the enclosure. All interior open areas sueh as elevator shafts and stairwells shall be enclosed in a sanner vhieh shall prevent the escape of fiber-containing saterial fros the working area. 363. (b) The entire sprayed area, all ledges and surfaces including tarpaulins within the enclosure shall be thoroughly vacuuned upon completion of the spraying . operation and immediately before the enclosure is dismantled. (a) Tne cutting, trimming, fitting or stripping of asbestos-containing saterial in the construction, alteration or repair of a structure vhieh is done at' the site of sueh structure in ar. area open to the atmosphere shall be conducted within a special en- ' closure designed to preclude the escape of asbestos fiber fros the immediate area of such enclosure. (b) The seehanieal exhaustion of dust fros sueh enclosure to the ambient air is prohibited unless such exhaust system is equipped with a properly sised fabric filter for dust collection or an equivalent device as approved by the Ageney. 1 *% 394. Compliance with Sections 302 and 3C3 notwithstanding, visible emissione of fiber-containing material in an area open to the atmosphere shall be considered a violation. 305. Asbestos-containing material applied in the construction, alteration or-repair of a structure shall be coated vith a sealant, provided with a cover or installed.in some other nannor so as to preclude es)issloa of the asbestos-containing ' material to the circulating ar. Any plenum or other structure coated with or containing asbestos-containing Insulation and used in the circulation of air in a building shall be thoroughly cleaned of all debris and waste insulation. t 250679 i *. V PA?.? rV: Sanolitior. <01. Khara the rick of public exposure co-eab.gstos fiber from the dislodging f asbastespeentaining materiel* ic prescr.u, so demolition of & structure chill ho initiated unless *11 safeguard* necessary end practicable to reduce the emission of duct era taken.. .... *a Sut: procedures chall include, but are sot nacacsarily limited tot * (a) Boilers asd pipes and steal members insulated or fireproofed with asbestos-containing aa'torial shall be watted and stripped-before toppling of walls is begun. This procedure shall-be followed, where practicable, as to all other asbestos-lined surfaces. Such asbestos waste shall be immediately bagged and disposed of in accordance with Section 301(d). (b) men demolition by toppling occurs such reasonable enclosure for dust emission control as is compatible' with the character of the structure shall be employed. (c) Before the demolition or toppling of any section or wall of the structure, adequate wetting to suppress the oust snail be employed. (d) Asbostos-containing debris shall not be dropped or thrown from any floor but shall be transported by dust- tight ehutes or buckets. Asbestos-containing debris in chutes or buckets shall be sufficiently wetted to proclude dust dispersion at the point of discharge* (e) All asbestos-containing debris shall be thoroughly watted before loading into trueks, other vehicles or con tainers. `Curing transport such waste shall be enclosed . or covered so as to prevent dust dispersion. Asbestoscontaining debris shall be disposed by burial at a sanitary landfill. PART Vt Manufacturing 501. (a) After June 30, 1572 a'factory, plant or enterprise which engages in the processing or manufacturing of any asbestos~coniainir.g product shall discharge no visible emission of particulate matter from such manufacturing or processing into the ambient air and shall emit no concentrations of asbestos fiber in excess of 2 fibers per ctiie centimeter of air. 150*7**0 7 71?09M (1) Sampling of emissions shall ba by eha scsbrtno filter r.cj-.sd er.u according to the preceduros *racor.tar.ded ir. the ASKS Power ?ost Coda 27-1S57, other procedures generally eccepced'&T^pereons - ; ksow.odgoeblc in --. stata of the art. (25 Counting shall ba according to the procedure outlined ir.Sdvtrds, C.H., and Lynch, J.*., "The Xazhoi Used by the U.5. Public Health Service for Enumeration of Asbestos Oust on Xenferana Filters," Ann. Occupational Kyg. (Oxford), 11 (1) t 1-6, Can. < -.'68{ with 20 fialds par sampla,*counted at randoa ..using phase contrast microscopy at 430 x magnification and counting only fibers 5 microns or greater in length, with a length to breadth ratio of 3 to 1 or greater. 502. Any factory, plant or enterprise which angagaa in the processing or manufacturing of any aabaatos containing product shall enclose ell asbestos handling facilities so that exhaust air can be ducted through necessary air pollution control equipment end samples taken of the gases which are emitted into- the ambient air. 503. Any factory,, plant or enterprise for vhich & perrif f.n sought or has boor, granted pursuant to Sec. 202 hereunder shall bs subject to inspection by the Agency at any reasonable time, without prior notice. 504. At a frequency to be determined by the Agency, any factory, plant or enterprise which engages in tho processing or manufacturing of any asbestos-containing produet shall sample the exhaust from such factory, plant or enterprise end submit the emission data to the Agency. 505. A factory, plant or enterprise the manufacturing processes of which add aabaatos fiber to water shell not discharge such process waste water to the sewers or waters of Illinois unless such process wests water is given the best available treatment consistent with technological feasibility end economic reasonableness .1 . ...... ............ 506. ' Waste sludge containing asbestos and collected from sett ling ponds shell be enclosed during transport and shall be dis posed by burial at e sanitary landfill. 507. So product which may emit esbeetoe-fiber during its trans- . portation shall be transported unless such product is enclosed so as to preclude the emission of asbestos fiber into the ambient air. 71^0915 -fi- SC 8 . Sothwthster.ir.g cer.pliar.ca with Sact or.s SCS ar.i 5C7 the visible enissien of particulate s*:ur l:v~ahe. course of su transportation shall ha eor.sicarai a viola ion. ' ?AA? VI t Local gnfcrcerar.t (Cl. ' It shall ba tha eh ligation of local goverr.ner.ts as wall as tha Agency to enforce by appropriate naans the reguirener.ts of Section 291, of Parts III, IV and*of Sections 508, 557 and 558. ' 23067*** *71-1S Asbestos Tli'ooti; Sxglanctior. of Revisitr. of Proccaoi Sccjlctior. regulation proposed end explained in Narrfsletter v2% or. v.iieb public hearing was held is generally sinil&r to tbo propose final drsft. follows t a rusury --- of the .... significant sub stactive chc.; - ?s=it requirement of ?art II havt booa rsstrictsd to manufacturing emission sources. This is la eecord with the Afeaey testimony that presently it has iaadequato staff to handle . u..e permit load created by a blanket requirement. All manufacturers of asbestos products would have to obtain a permit by June 30, Farts 121 aad 2V of tho original proposal have been combined uador one hesdiag covering construction uses of asbestos products. * A graea period, until .March 31, 1073, has been added to the proposed baa oa spray asbestos. Za the iaterost of effi cient enforcement the numerous restrictions on ths spraying of aoa-asbastos fibrous material have bean raduead to requirements for enclosure and for vacuuming. Also this section has beta changed to make clear that these safeguards are required only when spraying of non-asbestos macorials occurs in an araa open to the atmosphere. This "open to tho atmosphere" modification hes also bean added to the sectiwa contrelliny the cuttlu.*, trimming, fitting or stripping of asbestos-containing materials at a con struction sits. Part 222 now contains a "no visible amission" standard which must he met regardless of adherence to the required procedural safeguards. This should permit easier enforcement and tend to insure greater compliance with the safeguards. J \ The original proposal contained two regulations con trolling the general application of asbestos-containing materials and the application of non-asbestos seterlels in sir ducts br plenums. This hes been eltered to require thet only ssbescos- containing materials, ussd in any construction work, bs so installed as to precludo emission of tho fiber to the circulating air. There is little medical data available to prove or disprove the toxic offects of tho multitude of non-fibrous construction materiel, although one sueh produet, fiberglass, would appear to ba biologi cally inert. The Beard prefers to set on the safe side of health in regard to spraying operations, which can emit large quantities of fiber if uncontrolled. Zn any event sueh uncontrolled emissions constitute s nuisance dust and could be controlled on that basis alena. Thase rsasons do not apply with equal force to the non spray application of non-fibrots. materials in construction. . 3 **06T* 7i;?0917 Z.. ?4rt IV controlling demolition remains unchanged tMi;; for a rewording of cia requirement for enclosure'. The fisai prc^ettl i* _ir.zar.dad so rcquira- as enclcsuro only''whoa. nsccsscry * provcsr dispersion of dust and only an enclosure which is reasonably compatible with tha structure to ba demolished. Ir. aesa easas total enclosure eaa ba feasibly aehiavod. Kith other' structures, a ground lavol aaclosura say ba the limit of com- patibility. *V Vart V, eoatrolliag manufacturing sources, is changed to re^ amission standard of 2 fibers par eubie eaatisatar and r.o visible emissions. While sesa tastisosy indicated the difficulty in measuring compliance with a numerical aaission standard, over all tha evidence establishes both the need (pretaction against the great preportion of invisible fiber) and the ease of measurement . of such a criterion. A "no visible emission* standard has bean eddad to the numerical standard to simplify enforcement against exceptionally dirty emission sources. A graee period, until June 33, 1972, has been added to permit acquisition of the necessary control equipment to attain the amission standard. Aefarar.ees ere made to the method to be used in collecting and counting emission samples.. The sampling method is that generally used in sampling particulate emissions. The counting method is that reliably used by tha w.S. Public Health Service. A requirement has bean added, et the Snvirenmontal Protoe- .* tion Agency's suggestion, to ehannsl all sabsstos amissions inside the plant threugh control equipment and to axhaust such amissions through points vhare samples can be taken. This is intendsd to prevent venting threugh windows or doors or other avenues of oscape on which sampling cannot be adequately performed. The Agency is elso givon the powor to inspect manufacturing premises at reasonsbla times to determine compliance. Also, *the manufacturer must engage in monitoring and raporting. The latter two additions are in keeping with the Board's practica in most araas of regulation. The waste water discharge provision now requires no dis charge of process water to which the manufacturer has added asbestos unless best available treatment technology la first .utilised. A "no visible emission* standard has bean added to the transportation regulation. Tha original proposal to bar. asbestos brake lining has been dropped for the time being. While the evidence shews that brake lining decomposition As a significant source of back ground levels of asbestos, these asbient air levels ere quite * tOMll end have not been shown to be e health hasard (although they have not bean shown not to be) Zn addition adequate alternatives to asbestos-lined brakes ere not yet available, although elosed