Document 4voLBnvo25KaZ227Q0Or3aYz1

_______________ I_________________ cc- Thursday April 5, 1984 *: v<. ' ; - > & (lS y*f* kijy * o >*:*-*. *-. -; .0 Ot y-*<C*>W` K 4 fsjfc . v .*S9T?T '" >yL* '-'* '* '--- T. "i-.f* - ;""i -Ai^aa^stll v`>-' - Part IVv '- , /.'-. j-jsO .51?tit u- r 'J Environmental i4;'r.-:V Protection Agency 40 cfr Part 6i : National Emission Standards' for Hazardous Air Pollutants; Amendments to Asbestos Standard; Final Rule PLAINTIFF'S EXHIBIT X 4 I 6686 13658 Federal Register J VoL 49. No. 67 J Thursday, April 5.1984 / Rules and Regulations ENVIRONMENTAL PROTECTION pracdrerequiTements of the NESHAP - Public Parbcipabon ' AGENCY 40 CFR Part 61 IAD-FRL 2515-4] National Emission Standarda for Hazardous Air Pollutants; Amendments to Asbestos Standard agency: Environmental Protection Agency (EPA). action: Final rule. were notswhnrixed by the 1970 . The amendmenta were proposed in Amendments to the Clean Air Act under the Federal Register on July 13.1983 (48 which they were originally promulgated. FR 32126). To provide interesteifpersons The 1977 Amendments to the Ad' ' the opportunity for oral presentation of specifically authorize such ; data, views, or arguments concerning requirements. On June 19.1978 (43 FR . the proposed amendments, a public 28372), EPA repromulgated many ofThe ' hearing was held on August 1983. at requirements under authority ofthe 1977 Research Triangle Park. North Carolina. Amendments, and today's aebon The hearing was open to the public and repromulgates the following remaining ' each attendee wit given an opportunity requirements in a new Subpart XI of 40 - to comment on the proposed, CFR Part 81. amendments. The public comment summary: Amendment! to the national emission standard for asbestos were proposed in the Federal Register on July 13.1963 (48 FR 32128). This action promulgates the amendments under Section 112 of the Clean Air Act as amended in 1977. The intended effect of Ihe amendments is to reinstate work practice and equipment provisions of the standard that were held not to be emission standards by the U.S. Supreme Court in 1978. They also reword and rearrange the standard for clarity. 1. Secbon 61.143 reinstates a - period was from July 13,1963. to prohibition of surfacing roadways wife September B, IBM. . . asbestos tailings or asbestos containing ... Fifteen comment letters were received waste. end twoInterested parties tesbfied at 2. Sections 61.145(c) and BUCJg) the public hearing concerning issues reinstate a partial exempbon for nilabve to Ihe proposed amendments. demolition operations for structurally The comments have been carefully unsound buildings. v __ /_- , considered and, where determined to be 3. Section 61.147(e) reinstates At' requirement that asbestosremoved .r^Sr ,Tf : appropriate by the Administrator. changes have been made to the during demolibon or renovabon beInept proposed amendments. wet until it is collected for disposal. It *" ' Summary of Comments sod Changes to elao requires that the asbestos not be- fce Proposed Amendments . effective date April 5.1984. Under Section 307p>)(l) of the Clean Air AcL dropped or thrown to the pound or il^., Comments the proposed lower Door and that asbestos r*iv^~^;Wndmentl wen. recejved ^ fudicielrevew-of-these-amendments-- more than0feet above ground Jevdbe -jfodu.try, Federal agencies. State and available only by the filing of a petition transported to die ground m dimt-hgbl^ w ^ p^o,, age,,dea. and for review in the U.S. Court of Appeals chdtea offcmtemers (unless it private citizens. The following summary for the District of Columbia Circuit - removed in units or sections), i. rf comments and responses serve, as within 80 days of today's publication of 4. Secbon 61.147(f) reinstates . die basis for the revisions that have this rule. Under Section 307(b)(2) of the alternative work pracbces that may be been made to the'proposed - Clean Air Act, the requirements that are^ used for zemxrval of asbestos prior to . . .. ... amendmenta-Most of the letters the subject of today's-notiee may nolibe* demrfliben when there are freeamig challenged later in civil or criminal temperature condibons at the point ~ ' proceedings brought by.PA to enforce where the asbestos is being waned; these requirements.' z. -J~ \ , " 5. Secbon61.150 reinstates the. ' contained mulbple comments, some of ' which were outside the scope of this - rulemaking. Those comments have been summarized in Item No. IV-S-Lof ADDRESSES -Docket A docket number - prohibition of installabon of certain' Docket No. A-83-02. They are being A-83-02, containing informsbon molded or wet-applied insulating evaluated in conjuncbon with tha considered by EPA in development of materials that contain commercial .> comprehensive review of the asbestos the promulgated amendments, is available for public inspection between 8:00 s.m. and 4.U0 p.m., Monday through Friday, at EPA'a Central Docket Secbon ' (LE-131), West Tower Lobby. Gallery 1, 401 M Street SW.. Washington. D.C. 20480. A reasonable fee may be charged for copying. FOR FURTHER INFORMATION CONTACT! Mr. Robert L Ajax. Standarda Development Branch. Emission asbestos. 8. Secbons 61.151(a) and 61.152(a) simply refer to the requirement, of Secbon 81.158. ( r 7. Secbons 61.151 (b) and (c); 61.152(b) (1). (2). and (3); 61.153(a) (2). (3). and (4); 61.154: and 61.158 (c) and (i!) reinstate alternative work pracbces or equipment- that may be used in lieu of complying' with a no visible emission limit. NESHAP that is currently underway. Most of the remaining comments pertain to the effect that rewording and rearranging the proposed amendments had on the original meaning and intent of the asbestos NESHAP. Some of them also pertain to tha reasonableness of those requirements being repromulgated (see list in the secbon entitled "The Amendments"). The comments are discussed below and are organized Standards and Engineering Division 8. Sections 81.153(b) and 61.156(b) '. - according to the secbons of the (MD-13). U.S. Environmental Protection reinstate the requirement for warning Agency, Research Triangle Park. North signs and fencing around asbestos proposed amendments to which they pertain. Carolina 27711, Telephone (919) 541- waste disposal sites if (1) the owner or 5376 operator chooses to comply with a no Section 61.141 SUPPLEMENTARY INFORMATION: The Amendments ~~ The amendments reinstate portions of visible emission limit rather than follow One commenter noted that the specified work practices, and (2) there is proposed definibon of "demolibon'' no natural barrier to deter access by the deletes the previous reference to "any genera) public. - related removing or stripping of friable the asbestos NESHAP that were In addibon to these requirements, asbestos materials" and recommended equipment or work pracbce today's action clarifies the asbestos restoring the definition to the old requirements. The Supreme Court held NESHAP by rewording and rearranging wording. The commenter believes that in Adamo Wrecking Company v. United it into a new Subpart M of 40 CFR Part the new wording may be interpreted to States. 434 U.S. 275 (1978) that work 61. siol include removing arid stripping. X4 1 668X Federal Register / Vel. 49, No. 67 / Thursday, April 5, IBM / Rules and Regulations 13659 EP.\ intended .that the proposed dinmoon of ".demolition" describe ube activities that occur when a facility Is demolished as distinguished fmm "renovation."-*! (heiemare used an the regulation. The primary distinguishing activity is that load- . supporting stniduzal jneobers are wrecked or taken out in a demolition operation but not in a renovation. Asbestos stripping or removal may occur in either but ahonld not he used to define (he primary activity ofdemolition or renovation. Section-81.145 clearly . slates that when demolition or renovation operations meet certain specified criteria regarding asbestos, materials inlhe facility, they are subject lo the regulation. Also, | 61T47 clearly specifies that stripping or removal of asbestos materialsduring demolition or renovation must be earned out in accordance with the standard. It is not necessary lo repeat these provisions in the definition of "demolition.** `One coramenter noted that the proposed definition of renovation would apply orfy to removal of asbestos and not tovtrvpping and recommended that-' the new definition be at comprehensive as the old one. - ........- EPA did not intend to omit the word "stripping" ban the definition of "renew athm" et-ftetimeof proposal. However. n*A has reevaluated the definition to determine the wording that would be the moat useful and informative fer the regulation. As discussed in (he response to the pievises comment abou! the definition of'"demolition." the terms should be -: defined to describe the type of activity that it being carried out at a facility. regardless or the presence or absence of asbestos material and the definition of "renovation" hat been revised accordingly. One commenter recommended restoring the phrase "based on operating experience'* to the definition of "planned renovation" to clarify the - basis for predicting future renovations involving asbestos removal. The phrase was in the old definition. The commenler's recommendation has been incorporated into the amendments. One commenter requested clarification of the definition of emergency renovation operation." He asked whether it would include malfunctions, such as leaking valves, that require the removal of asbestos- containing insulation. Although these malfunctions are expected to occur, they are not planned or scheduled. EPA considers the type of occurrence described by the commenter to be part of a planned renovation operation and not an emergency renovation operation. The commenter indicated that although interpreted lanaaaa that the asbestos the situations axe oatplanned or has to stay wet even afterii is properly scheduled, they ore expected to occar. bagged *nd sealed. They would, therefore, fit thedefinition The anient fsherequirement to keep of "planned renovationoperation" an 1 63.141 thal.rays, `individual nonscheduledopermtionaare included if a number ofsuch operations can.be predicted looccurduring agiven period of lime." friable asbestos materials wet during all remaining stages of demolition was to ensure that the asbestos materials that have been mmoaed or.stripped but not yetdispoaeddfareadaBewed to dry oulao ahslasbestos fibers beoome Section l.t45 One commenter noted that the word "or" between "'pperators" and "demolition'" In i 61.145(e) should bs changed to "at" He indicated that the proper wording would show what he believed to be the Agency's intent to ' limit applicability of the regulafions lo only "wmckea and renovators" and not to include facility owners and operator*. The commenter is correct that the word "cr" should be changed to "of.", and this correction ha* been .made. .. However, the commenler's interpretation that the regulations apply lo only '"wreckers and renovators" and airborne.Xthey are pmperiy sealed in 11 mV till it iiniilsiissi at tiin_i while wet they aboaU oel Ay * before -they can be transferred to uaacnrptefale disposal . site. In anyeajMfiarthey are bagged thewaste di*po*Tgujremenla in { ClJ52 (and mot) 81347) would apply to the handbag offile asbestos materials. To darify the meaning of this portionof (he standard, the wording of f 61JH7je)fl) has bees revised to indicate (hat the asbestos materials mrrst be kept wetmfil(hey are collected for disposal in eccorfance with | 61.152. They would be considered "collected" when they are properly bagged. not to facHfly owners and operators is Section 61.1S0\ 'T . 1 ' tonoaecLThe general provisions of 40 ! CFRPuI 61 define "owner or operator" as any person who owns, laasek.,^. operates, controls, or supervises a '- - ' . stationary .source ]40 Chit 61.02(1)). The slatinnaij.source in this easels the demolition or renevation operation. The demolition or renovation contractor, would clearly be considered an owner . or operator by "operating" the -... . " stationary source. The facility owner or operates, by purchasing the services of. the demolition or renovation contractor, acquires ownership and control of the operation and would, therefore, be the . "owner" for purposes of this standard. .. Therefore, die standard applies to both the contractor and the facility owner or operator. Sections 61.146 and 61.147 - '- * One commenter asked for darification ofthe intentof | 61.150. which prohibits the installation of certain asbestos-"-. ) containing insulating materials. It was not dear to him whether the prohibition affects marmfaciuring operations that use parts containing asbestos sndi as grommets, gaskets, string, eta in their products.' ' '- . The preamble of the Federal Register notice that contained the original standard for insulating materials (39 FR 38064; October 25,1974) discusses the intended applicability of the prohibition. It ia clear fom that discussion that the . prohibition was intended to apply to field installation of such insulating. products as molded, asbestos-reinforced blocks, sheets, and semicircular sections for pipe insulation; and powdered One commenterbelieves that the asbestos cement products mixed into a wording in ii 61.146 and 61.147 is vague slurry end used to insulate irregular with respect to identifying who is shapes. These installations would have ' subject to the requirements, unlike the been associated with construction . wording in S 5 61.142. 81.143, 61.144. activities on buildings and other 61.148. and 61.149, which ia restrictive in facilities. Therefore, the prohibition- describing the regulated party. would not affect manufacturing' EPA believes that the applicability of operations that use asbestos-containing 55 61.146 and 61.147 as described in parts in their products. The regulation i 51.145 adequately identifies those has been reworded to reflect EPA's subject to the requirements of the intended effect of the prohibition. demolition and renovation standard. One commenter questioned the intent Section 61.154 of $ 81.147(e)(1). The regulation requires One commenter pointed out that the that asbestos materials be adequately units in { 81.154(a)(l)(iii) do not properly wetted to ensure that they remain wet relate square meters to square yards, during all remaining stages of demolition resulting in a lowering of the weight of or renovation and related handling the filter by about 20 percent from the operations. The commenter asked old requirement le. 14 oijsq. yd. ia -not whether this requirement should be equel to 14 oz./sq. meter, la addition, he X4 1 6688 13650 Federal Register / Vol. 49. No. 67 / Thursday. April 5, 1984 / Rules and Regulations pointed out that the use of inch is currently being investigated in the a facility to a waste disposal site on a not in keeping with EPA's metric review of the asbeatoa NESHAP: Ihe no daily basis." The commenter stated that program. The error* noted by the - ' viaibla emission limit, tha exemption the economics of doing this would be commenter have been corrected in the' from (vetting requirements during astronomical. For example, Ihe coat of final rule. ' freezing weather, and the exemption for" hauling a small number of bags to a - Section 61.1S5 ' . , structurally unsound buildings. EPA will disposal site 40 miles away would be evaluate the effect of these provisions very high, and the contractor would wait One commenter requested and determine whether lhay need to be - until a full load had accumulated. ~ clarification of the Agency's.inlent in 1 61.155. which requires that existing revised. That evaluation is beyond the scope of today's rulemaking, however. The Agency baa carefully considered this comment and concluded that no sources covered by the asbestos The amendments are intended to changes to the regulation are needed NESHAP provide to the Agency wititin reinstate the provisions of the original tinea it refers to a discussion in the 90 days information regarding their NESHAP and not to include new * preamble to the proposed amendments. asbestos emission control methods. The. provisions or delete tny of the original There are no requirements in Ihs ' commenter asked if renotification and .. ones. Therefore, no changes are being NESHAP that asbcaioa.waste ba resubmission would be required if they made to these portions of the proposed ' transported to a disposal site daily. ' had already complied with these same amendments. Three commenter* said that the requirements in the old designation- { 61.24. EPA does not intend that existing sources of asbestos emissions resubmit notifications that were originally . , required by the standard promulgated in 1973. The wording of i 61.155 has been revised to accurately reflect EPA'a ... intent.' . ...... A tiscellaneoua . ' .... . . / One commenter expressed tha opinion that tha proposed amendments do not^ ` In response to the commenter's ' . suggestion to drop at) references to the economic impact of the proposed .' amendments, the Agency believes that economic impact on the regulated. ' entities is one of many factors that . ' . should be considered when setting ' .. standards under Section 112 of the ' -7- Clean Air Act Any advene economic impact on society resulting from /"' ' " ' inadequate regulations for a hazardous, air pollutant would be of concern to E?A; as it would be a consequence of adverse - amendments improve the'darity and readability'of tha asbestos NESHAP and two indicated that the required work practices are currently being used by their companies. Two commenters noted typographical errors, which have been corrected in the final rule. Other minor changes were mada in tha final rale to ensure that the new wording accurately reflects the intern! of the original regulation and tojurther clarify tha -' requirements^^l^^^fcaiSl-, sufficiently correct the weakness of the' public health effects. The current review Docket : X - NESHAP regulations and that they represent a "crude slap in the face to asbestos victims and will create health hazards of such proportions that new generations of asbestos victims will ba guaranteed." He supported his opinion vi ih the following arguments: 1. The no visible emission limit is not adequate for regulating airborne asbestos because it does not take into account the substantial asbestos disease risk when emissions that are not visible are present of the NESHAP will include an ' "' " x. evaluation of this aspect of regulating asbestos to determine if more stringent requirements are needed. . One commenter said that the ' requirement in J 61.148(c)(3) to explain the techniques of estimation of the . amount of asbestos for certain-. y demolition jobs seems to be a_new;" - requirement because be could not locate it in the old regulation. The requirement was in { 61-22(d)[l](ii) of the old " regulation. The docket is an organized and complete file of all tha information submitted to or otherwise considered by EPA in tha development of this., rulemaking. The principal purposes of the docket are: (1) To allow interested parties to identify readily and locate documents so that they can effectively', participate in the rulemaking process:' and [2] to serve as the record in case of " judicial review, except for interagency review materials (1307(d)(7)(A)). -- The proposed reinstatement of the . One commenter said that States that ' Miscellaneous ' J exemption from certain wetting requirements during demolition operations in freezing temperatures should not be allowed. Weather conditions that do not allow wetting ' should also not allow asbestos to be are enforcing the asbestos NESHAP sometimes have a different. interpretation of regulations than EPA and suggested that EPA provide clarification of intent for the States. Under the Clean Air Act. States are A review of this regulation has begun. This review will include an assessment of such factors as the need for integration with other programs, the existence of alternative methods, removed. Wetting requirements are free to require more stringent asbestos enforceability, improvements in important because they can reduce dust emission control measures than those in emission control technology and health levels by a power of 10. the asbestos NESHAP. EPA does,* data, and reporting requirements. 3. Allowing exceptions when local however, provide EPA enforcement Under E.0.12291', EPA must judge entities pronounce buildings structurally determinations to States that have been whether a regulation is "major" and unsound is tantamount to opening a way delegated authority to enforce the'' therefore subject to tha requirement of a for widespread violation of health -- NESHAP. These determinations include Regulatory Impact Analysis. This practices.----- EPA't interpretations of portions of the regulation is not major because it does 4. Under no circumstances should regulation as questions arise concerning not meet any of the criteria specified in visible emissions be allowed. them, and they are very useful in the Executive Order regarding the 5. All references to tha economic _ impact should be dropped. EPA should concern itself with the economic impact ensuring consistency of enforcement among the States and EPA Regional Offices. annual effect on the economy; increase in cost or prices: or adverse effects on competition, employment, investment, on society, which ends up paying for One commenter said that there is a productivity, innovation, or the ability of disease victims produced by inadequate statement in the proposal preamble that U.S. enterprises to compete with foreign work regulations. it not true. It says, "Demolition and enterprises. The first four of the commenter's renovation contractors typically Information collection requirements statements concern issues that are transport the asbestos they remove from associated with this rale (40 CFR 61.07. X 416689 Federal Register / Vol: 49. No. fi7 / `Omnday. April 5. 1964 / Rules and Regulations 13661 6UB. 61-ia 61.UA. CU46. and 6t:lS5; have been approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of I960,44 U.S.C. 3501 el seq. and have been assigned OMB control number 2000-0264. - This regulation was submitted to the Office of Management and Budget (OMB} for review as required by E.O. 12291. Pursuant to the provisions of 5 U.S.C 505(b). i hereby certify that this ride, if promulgated, nail not have a significant economic impact on any small entities. list of Subjects in 40 CFR Part 61 Air pollstian control Asbestos. Beryllium. Hazardous materials. Mercury, Vinyl chloride. Dated Mud 30.1964. William D. Ruckabhaus, Adminiarcur. .. PART 61--{AMENDED] _ : /' , 40 CFR Part 61 is amended by redesignating Subpart B (5 5 81.20-61-25) as Subpart M and revising the new ' ; ' Subpart M to read as follows; Subvert M--National Emission Standard tor Asbestos . . Stc. * ' 61.140 Applicsbility. 6L341 DatixMwaa. 61.142 Standard-faraibestos mills. 61.143 Standard for roadways 61.144 .Standard for manufacturing. 61.145 Standard fordunoilCon and .. . . renovation: Applicability. 61.146 Standard for demolition and renovation; Notification requirements : 61.147 Standard for-demolitlon and lerovsbon: Procedures for asbestos emission control. 61.148 Stsndsrd for spraying 61149 Standard for fabricating..- 61-150 Standard for insulating materials. 61151 Standard for waste disposal for asbestos mills. 61152 Standard for waste disposal for manufacturing, demolition, renovation, spraying, and fabricating operations. 61.1(3 Standard for inactive waste dispoaal sites for asbestos mills and manufacturing and fabricating operation!. 61.164 Air-cleaning. ,,, 61.155 Reporting. 61.158 Active waste disposal sites. Authority. Secs. 112 and 301(a) of the Clean Air Act. as amended (42 U.S.C. 7412. 7801(a)). and additional authority as noted below. Subpart M--National Emission Standard for Asbestos 9(1.140 Applicability. The provisions of this subparl are applicable to those sources specified in 51 Cl.142 through 61.153. 561J41 Definitions. ; A31 terms that are used in this subpart and are not defined below are given the' same meaning as in the Act and in ; Subpart A of thia part ^ ~ ' Active wort* disposal site mean* any dispoaal site other than an inactive rite. Adequately wetted means sufficiently mixed or coated with water or an aqueous solution to prevent dust ' emissions.- -- ,7 Asbestosmeans the asbeatiform 'J' varieties of sarpentinite (chrysotiie), riebeckfie fcrocidolite). cummingtonite- gnmedte.anthophyllite. and actinolite- tnajndKte. AwbestDs-contaming waste materials means any wist* that contains' commerdri asbestos end is generated by a source subject to tb provisions of this subpart. This term includes asbestos mil] tailings, asbestos waste from .. 7 'J- y control devices, friable asbestos waste' material and bags or containers that;,, previously oontained commercial ' ; - asbestos. However, as applied to.-/ ,. demoRtron and renovation operations,' thia term includes only friable-asbestos waste and asbestos waste from control devices. :t . ` ' '' 7 Asbestos material means asbestos or - anymaterial containing asbestos. Asbestos mill means any. facility - engagedjnconverfing. or in any ' ; intermediate step In converting.' . asbestos ore into commercial asbestos'.. Outside storage^asbestos material it ndt considered a part of the asbestos nan. -.77... -.TJ. '' Asbestos tailings means any solid waste that contains asbestos and is a product of asbestos mining or milling / operations. Asbestos waste from control devices means any waste material that contains asbestos and it collected in a pollution control device. Commercial asbestos means any asbeatoa that is extracted from asbestos ore. . . v. Demolition means the wrecking or taking out of any load-supporting . structural member of a facility together - with any related handling operationa.,7 Emergency renovation operations . uwwna a renovation operation that was not planned but results from a sodden. . unexpected event This term includes operations necessitated by nonrootine failures of equipment Fabricating means any processing of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites for the construction or restoration of facilities. Facility roeene any institutional commercial, or industrial structure, installation, or building (excluding apartment buildings having-no more -- than four dwelling units}. - - Facility component means anypipe, duel boiler, tank, reactor, turbine, or furnace at or in a facility; or any structural member of a facility. - Friable asbestos material means any materia] containing more than 1 percent asbestos by weight that hand pressure can crumble, pulverize, or reduce to powder when dry,- -,. . . Inactive waste disposal site means anyt disposal sits or portion of it where additionalaj^Ariqfccontaimng waste material will notbsdeposited and where the surface Is not disturbed by vehicular traffic. Manufacturing means the combining of commercial asbestos--or. in the cate of woveslrictioii product!,.the combining of textiJea'containlng ' ' commercial asbestos--with any other material(s), including commercial ' asbestos, and the processing ofthis combination Inin a product ' - - Outside air means (he air*outside 7 -^ buildings and stnictures,^ ^^. ; 7 "V Particulate asbestos material means. finely divided particles of asbeitoe material ' Planned renovation operations means s renovation operation, or a number of such qf>eratiaas,iia' which the amount of friable asbestosmaterial that will ba removed <or stripped within a given period of time can be predicted. Individual noaschaduled operations era included if a number ofisueh operations can be predicted to occur during a given period of time based bn operating; experience. .. ^ Remove means to take out friable ' v asbestos materials from any facility. '" Renovation means altering in any way one or more facility components. Operations in which load-supporting structural members are wrecked or taken out are excluded. Roadways means surfaces on which motor vehicles travel. This term includes highways, roads, streets, parking areas, and driveways.7.7.^ ' Strip means to taka off friable . 7, asbestos materials from any part of facility. ' - " : Structural member means any loadsupporting member of facility, such as beams nl loan supporting walls; or any nonload-supporting member, such as ceilings and nonload-supporting walls. Visible emissions means any' ' emissions containing particulate ' asbestos material that are visually detectable without the aid of instruments. This does not include condensed uncombined water vapor. X4I6690 13662 Federal Register / Vol. 49, No. 67 / Thursday, April 6. 1964 / Rules and Regulations i SI.142 Standard for asbestos mill*. Each owner or operator of an asbestos mill shall either discharge no visible emissions to the outside air from that asbestos mill or use the methods specified by 161.154 to dean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. ' ' 5 *1.143 Standard tor roadways. No owner or operator of a roadway may deposit asbestos tailing* or - asbestos-containing waste material on that roadway, unless It ii a temporary roadway on an area of asbestos ore deposit*. i. 161.144 Standard (or manufacturing. () Applicability:This section applies to the following manufacturing- . . operations using commercial asbestos. (1) The manufacture of cloth, cord, wicks, tubing, tape, twine, rope, thread, yam, roving, lap. or othar.textile materials. ..... , (2) The manufacture of cement _ ' . products...: - (3) The manufacture of fireproofing and insulating materials.''; - (4) The manufacture of friction products. (5) The manufacture of paper, millboard, and felL - () The manufacture of floor tile. (7) The manufacture of paints, - coatings, caulks, adhesives, and sealants. ' (8} The manufacture of plastics and rubber materials. (9) The manufacture of chlorine. (10) The manufacture of shotgun shell wad*. (11) Tbe manufacture of asphalt concrete. (b) Standard: Each owner or operator of any of the manufacturing operations to which this section applies shall either (1) Discharge no visible emissions to the outside air from these operations or from any building or structure in which they are conducted: or (2) Use the methods specified by $ 61.154 to clean emissions from these operations containing particulate asbestos material before they escape to, or are vented to, the outside air. } *1.145 Standard tor demolition srvd renovation: Appficabtiity. The requirements of IS 81.146 and 61.147 apply to each owner or operator of a demolition or renovation operation as follows: (a) If the amount of friable asbestos materials in a facility being demolished is at least 80 linear meters (260 linear faet) on pipes or at least IS square meters (180 square feet) on other facility components, all the requirements of f | 81.148 and 61.147 apply, except aa provided in paragraph (c) of this section. (b) If the amount of friable asbestos. materials hi a facility being demolished is less than 80 linear meters (260 linear feet) on pipe* and leas than 15 square meters (160 square feet) on other facility components, only the notification requirements of paragraphs (a), (b). and (c) (1). (2), (3), (4). and (5) of I 61.146 apply. (c) If the facility is being demolished under an order of a State or local governmental agency, iseued because the facility is structurally unsound and in danger of imminent collapse, only the requirement* in j 01.146 and in - paragraph* (d), (e), (f). and (g) of I 61.147 apply. (d) If at least 80 linear meters (260 linear feet) of friable asbestoi materials on pipes or at least 15 square meters. .. (160 square feet) offriable asbestos materials on other facility components are stripped or removed at a facility being renovated, all the requirements of I) 61.146and61.147 apply. _ . .. (1) To determine whether paragraphs (d) of tlii* section applies to planned * i, renovation operation* involving ' individual nonscheduled operations, predict the additive amount of friable asbestos materials to be removed or stripped over the maximum period of. time * prediction can be made,- not to exceed 1 year. (2}.To determine whether paragraph , (d) of this section applies to emergency, renovation operations, estimate the , amount of friable asbestos materials to be removed or stripped a* a result of the sudden, unexpected event that necessitated the renovation. (e) Owners or operator* of demolition and renovation operations are exempt from the requirements of f I 61.05(a). 61.07, and 61.09. | S 1.144 Standard (or demolition and renovation: Notification requirement* Each owner or operator to which this section applies shall: (a) Provide the Administrator with written notice of intention to demolish - or renovate. (b) Postmark or deliver tha notice aa follows: '* - (1) At least 10 days before demolition begins if the operation ia described In i 61.145(a); (2) At least 20 day* before demolition begins if the operation is described in i 61.145(b); (3) As early as possible before demolition begins if the operation is described in 161.145(c); (4) As early as possible before renovation begins. (c) Include the following information in the notice: - -- (1) Name and address of owner or ' operator. - --- it: (2) Description of the facility being " demolished or renovated. Including the size. age. and prior use of the facility. (3) Estimate of the approximate amount of friable asbestos material present in the facility. For facilities described in | 61.145(b), explain techniques of estimation. ' (4) Location of the facility being demolished or renovated. (5) Scheduled sHra&g and completion dates of demolition or renovation. (6) Nature of planned demolition or renovation and method(i) to be used (7) Procedures to be used to comply with the requirements'of this Subpart (6) Name and location of the watte disposal site where tha friable asbestos waste materia] will be deposited (9) For facilities described in I 81.145(c), the name, title, and authority of tha State or locad governmental. representative who has ordered the demolition.^*'W (Approved by the Office of Management and Budget under control number 200CWEB4) 1*1.147 Standard (or damoWon and renovation: Procedures lor sshestoe emission control Each owner or operator to whom this section applies shall comply with the following procedures to prevent emissions of particulate aabesto* material to the outside air ;'.' (a) Remove friable asbestos materials from a facility being demolished or renovated before any wrecking or dismantling'that would break up the materials or preclude access to the materials for subsequent removal. However, friable asbestos materials need not be removed before demolition if. (1) They are on a facility component that is encased in concrete or other similar material: and . - (2) These materials are adequately wetted whenever exposed daring demolition. (b) When a facility component covered or coated with friable asbestos materials is being taken out of the facility as units or in sections: (1) Adequately wet any friable asbestos materials exposed during cutting or disjointing operations; and (2) Carefully lower the units or sections to ground leveL not dropping them or throwing them. (c) Adequately wet friable asbestoi materials when they are being stripped from facility component*before the members are removed from the facility. X4I6691 Federal Register / Vol. 49. No. 67 / Thursday. April 5. 1084 / Rules and Regulations 13663 In renovation operations, wetting that f 61.146- Standard tor spraying. (1) Discharge no visible emissions to would unavoidably damage equipment is not required if the owner or operator The owner or operator of an operation the outside air from any of the . in which asbestos-containing materials operations or from any building or (1) Aiks the Administrator to _ era spray applied shall comply with the structure in which they are conducted: determine whether wetting to comply following requirements::' or. . . with this paragraph would unavoidably (a) lisa materials that contain l:s` 'v (2) Use the methods specified by damage equipment, and, before ; - - percent asbestos or less on a dry. weight' | 61.154 to clean emissions containing beginning to atrip, eupplies the Administrator with adequate information to make thia determination; and (2) When the Administrator does basis for spray-on application on -' particulate asbeetoe material before buildings, structures, pipes, and - they escape to, or are vented to. the conduits, except as provided in. ' outside air. paragraph (c) of thia section. : (b) For spray-on application ofr .i. - f 61.150 Standard for Insulating materials. determine that equipment damage.......... would be unavoidable, uses a local. _ exhaust ventilation and collection, system designed and operated to capture the particulate aabeatoa materiel produced by the stripping and , removal of the friable asbestos materials. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in | 61.134. (d) After a facility component has. been taken out of the facility as units or in sections, either 1 materials that contain more than 1. After the effective date of this percent asbestos on a dry weight basis. . regulation, ho owner or operator of a - on equipment and machinery,' except as facility may ingfujl pr reinstall on a provided in paragraph (c) of this section: facility component any insulating (1) Notify the Administrator at least materials that contain commercial 20 days before beginning the spraying-; . asbestos if the material* are either operation. Include the following ....... molded and friable or wet-applied and information in the notice: f ' friable after drying. The provisions of (1) Name and address of owner or' - s thia paragraph do not apply to spray- ' operator. --- --- ... . --'Try applied insulating materials regulated ,r ' - (ii) Location of spraying operation. -:rl under |.14g.V, V- (ill) Procedures to be followed to meet the requirements of this paragraphs i ;f 161.151 Standard for aast* disposal for': (2) Discharge no visible emissions ti~* asbestos mats. ~.~a s->- - - .. - _ (1) Adequately wet friable asbestos'c'- the outside air from tha spray-on , Each owner or operator of any source materiais during stripping; or - ~ application of tha asbealos-contalning ^ covered under the provisions of | 61.142 ' (2) Use a local exhaust ventilation and material or use the methods specified by ghalL collection system designed end operated 161.154 to clean emissions containing'1^: r (a) Deposit all asbestos-containing V to capture the particulate asbestos particulate asbestos material before ' waste material at waste disposal sites material produced by the stripping. The they escape to, or are vented to. the operated in accordance with the . system must exhibit no visible emissions outside air. - provisions of i 61.156c and-. . to the outside air or be designed and (c) The requirements of paragraphs (a) operated in accordance with the . . end (b) of this section do not apply to... requirements in | 61.154. the spray-on application of materials ' (b) Discharge no visible emissions to. the outside air from tha transfer of: ;asbestos waste from control devices to,- . (e) For friable asbestos materials thati- ' where the asbestos fibers in the: (if) the tailings conveyor, or use the \ -.: ; ..... have been removed or stripped: . :, materials are encapsulated with a : methods specified by 161.154 to clean. (1) Adequately wet the materials to . ensure that they remain wet until they " bituminous or resinous binder during spraying and the materials are not -' . - - emissions containing particulatesasbestos material before they escape to. sre collected for disposal in accordance with | 81.152: and (2) Carefully lower the materials to the ground or a lower floor, not dropping or throwing them: and friable after drying.r Tfvtr.c\ .i'vtH.- - (d) Owners and operators of sources subject to (his section art exempt from the requirements of {} 61.05(a), 61.07, . and 61.09. . ... .-- or are vented to, tha outside air. Dispose of the asbestos watte from control devices In accordance with i 61.152(b) or paragraph (c) of this section; and (c) Discharge no visible emissions to (3) Transport the materials to the ground via dust-tight chutes or (Approved by the Office of Management and the outside air during the collection, Budget under control number 2000-0264) processing, packaging, transporting, or -. containers if they have been removed or stripped more than 50 feet above ground level and were not removed as units or in sectionj. (0 When the tempei ature at the point of wetting Is below 0`C (32`F): (1) Comply with the requirements of paragraphs (d) and (e) of this section. The owner or operator need not compfy . with the other wetting requirements in this section; and (2) Remove facility components coated or covered with friable asbestos materials as units or in sections to the maximum extent poasible. 161.149 Standard for fabricating.. (a) Applicability. Thia section applies to the following fabricating operations using commercial asbestos: (1) The fabrication of cement building products. '/ . , deposition of any asbestos-containing' waste materiaL or use one of the disposal methods specified in paragraphs (c) (1] or (2] of this section, at followa:_ (1) Use a wetting agent as follows: . . (2) The fabrication of friction - ': ...Q (i) Adequately mix all asbestos-- ' , products, except those operations that; containing watte material with a T ' primarily Install asbestos friction ^ . wetting agent recommended by the ~ ~ ' materials on motor vehicles.' manufacturer of the agent to effectively w (3) The fabrication of cement or . wet dust and tailings, before depositing - silicate board for ventilation hoods: - the material at a waste disposal site. - ovens: electrical panels; laboratory Use the agent as recommended for the furniture, bulkheads, partitions, and particular dust by the manufacturer of ceLlings for marine construction; and the agent. /.p, (g] For facilities described in flow control devices for tha molten (ii) Discharge no visible emiesione to 1 61.145(c), adequately wet the portion metal industry. the outside air from tha wetting cf the facility that contains friable (b) Standard. Each owner or operator operation or use the methods specified asbestos materials during the wrecking operation. of any of the fabricating operations to which this section applies shall either by { 61.154 to clean emissions containing particulate asbestos material X 416692 13664 Federal Register / VoL 49. No. 67 / Thursday. April 5, 1984 f Rules and Regulations before they escape to. or are vented to, the outside air. (Iii) Wetting may be suspended when the ambient temperature at the waste disposal site is less than -9.5`C (1ST). Determine the ambient air temperature by an appropriate measurement method with an accuracy of rC(2*F], and ' record it at least hourly while tha ... wetting operation is suspended. Keep . the records for at least 2 years in a form suitable lor inspection. (2) Use an alternative disposal method that has received prior approval by the Administrator. 81.152 Standard formate disposal tor ' manufacturing demotion, rvnovsUon, spraying, and fabricating operation*. Each owner or operator of any source covered under the provisions of H 61.144-61.149 shall: (a) Deposit all asbestos-containing waste material at waste disposal sites operated in accordance with the provisions of 161.150; and (b) Discharge no visible emissions to tha outside air during the collection. processing (including incineration), packaging, transporting, or deposition of' any asbestos-containing waste material generated by the source, or use one of the disposal methods specified in ' , ' paragraphs (b)(1), (2). or (3) of this section, as follows: (1) Treat asbestos-containing waste material with water (i) Mix asbestos waste from control " devices with water to form a slurry;' : adequately wet other asbestos- containing waste material; and' *' (ii) Discharge no visible emissions to the outside air from collection, mixing, and watting opera tiona, or use tha ' methods specified by | 61.154 to clean ' emissions containing particulate asbestos material before they escape to, or are vented to. the outside air, and (iii) After wetting, teal all asbestoscontaimng waste material in leak-tight containers while wet; and (iv) Label the containers speeiEed in paragraph {bHU(iii) as follows: CAUTION Contains Asbestos-.) . Avoid Opening or \ l, Breaking Container Breathing Aabcstoa ts hazardous to Your Health - Alternatively, use warning labels specified by Occupational Safety and Health Standards of the Department of Labor. Occupational Safety and Health Administration (OSHA) under 29 CFR' 1910.1001(g](2}(ii). ' (2) Process asbestos-containing waste material Into nonfriable forms: (i) Form all asbestos-containing waste (i) Be posted in such a manner and material into nonfriabla pellets or other location that a person can easily read shapes; and . -i tha legend; andI"'- (ii) Discharge no visible emissions to'*7 *2*3**((i*ii))* Conform to the requirements for 51 tha outside air from collection and cmX3S cm (20^X14") upright format processing operations, or use the -. signs specified In 29 CFR 1916145(d)(4) methods specified by I 61.154 to dean-' and this paragraph; and: - - emissions containing particulata asbestos material before they escape to. or an vented to, the outside air. - (3) Use ao altematlva disposal method that has received prior approval by the (iii) Display tha following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph. Administrator. )<1.153 Standard for Inactive waste disposal sites for eebestoe mlfla and , manufacturing and fabricating operations. ' Each owner or operator of any ,-v inactive watte disposal site that was7'. -. operated by sources covered under || 61.142.61.144. or 61-149 and received deposits of asbestos-containing wasta.'-c material generated by the sources, shall (a) Comply with one of the following: (1) Either discharge no visible ,. emissions to the outside air from an inactive waete disposal site subject to;: this paragraph; on o (2) Cover tha asbesloe-coatainIng~-,:;.ei waste material with at least 15-- a '# centimeters (6 inches) of compacted * : nonssbestos-containing material and ; grow and maintain a cover of vegetation: on the area adequate to prevent ' exposure of tha asbestos-containing. - waste material; or . (3) Cover the aabestos-containiny waste material with at least 60. centimeters (2 feet) of compacted nonesbestoa-contadning material; and' maintain it to prevent exposure of die- .' asbestos-containing waste; or- ' (4) For inactive waste disposal sites, for asbestos tailings, apply a reainoua or petroleum-based dust suppression agent that effectively binds dust and controls- wind erosion. Uss the agent as recommended for the particular - asbestos tailings by the manufacturer of the dust suppression agent. Obtain prior approval of the Administrator to use other equally effective dust suppression agents. For purposes of this paragraph, waste crankcase oil is not considered a dust suppression agenL - --i (b) Unless e natural barrier adequately deters access by the general- public, install and maintain warning signs and fencing as follows, or comply with paragraph (a)(2) or (a)(3) of this- section.' (1) Display wanting signs at all " entrances and at intervals of 100 m (330 feet) or less along the property line of ' the site or along the perimeter of the sections of the site where asbestos- containing waste material was deposited. The wanting signs must C*po<2f(i a'llWtlMM qsmsiomwovu ... , In -- (* Mtim awe MSeMOoMc Spacing between any two lines must be at least equal to the height of the upper of the two lines. (2) Fence the perimeter of tha site in a _ manner adequate to deter access by the, general public^vjjfk^V'L' (3) Upon request and supply of .. appropriate information, the - ) . Administrator will determine whether a . fence or a natural barrier adequately deters access by the general public. (c) The owner or operator may use'sn alternative control method that has received prior approval of the Administrator rather than comply with the requirements of paragraph (a) orfb) of this section. - }41.154 Atr-cleanioflk'.'.' (a) The owner or operator wha clecte to use air-cleaning, as permuted by )i 61.142. 61.144,61.147(c)(2). . 61.147(d)(2), 6U48(bX2). 61.149(b). 61.152(b)(l)(ii). and6U52(bH2) shall: (1) Use fabric filter collection devices, except as noted in paragraph (b) of this section, doing all of the following (i) Operating the fabric filter collection devices at a pressure drop of no more than 4 inches water gage, as measured across the filter fabric and (ii) Ensuring that the airflow ' permeability, as determined by ASTVf Method D737-75, does not exceed 9 m*/ min/m* (30 ft'/min/ft*) for woven fabrics or ll,/min/m,[35 ft'/min/ft*) for felted fabrics, except that 12 mV min/m* (40 ft'min/ft3) for woven and 14 m*/min/m* (45 ft min/ft*) for felted fabrics is allowed for filtering air from asbestos ore dryers; and (iii) Ensuring that felted fabric weighs at leaat 475 grams per square meter (14 ounces per square yard) and is at least 1.6 millimeters (one-sixteenth inch) thick throughout; and Federal Register / VoL 49, No. 87 / Thursday, April 5. 1984 / Rules and Regulations - 13865 (iv) Avoiding the use of synthetic fabrics that contain fill yarn other than that which is spun. (2) Properly install, use. operate, and maintain all air-deining equipment authorized by this section. Bypass devices may be used only dining upset or emergency conditions and then only for so long as it takes to shut down the " operation generating the particulate asbestos material. fb) There ara the following exceptions to paragraph (a)(1): |1) If the use of fabric create* a fire or exploaion hazard, the Administrator may authoriza a* a substitute the use of wet collectors designed to operate with a unit contacting energy of at least 9.93 kilopascals (40 inches water gaga pressure). (2) The Administrator may authorize the use of filtering equipment otber than that described in paragraphs (a)(1) and (b)(1) of this section if the owner or operator demonstrates to the Administrator's satisfaction that it is ' equivalent to the described equipment in filtering particulate asbestos material.: '1.155 Reportfe*^* - ' (a) Within 90 days after the effective.' date of this subpart each owner or operator of any existing source to which this subpart applies shall provide the . following information to the Administrator, except that any owner or operator who provided this information prior to April S, 1994 in order to comply with 81-24 (which this section replaces] is not required to resubmit It (1) A description of the emission control equipment used for each process and (2) If a fabric filter device is used to control emissions, the pressure drop across the fabric filter in inches water gage: and- (i) If the fabric device uses a woven fabric, the airflow permeability in m1/ min/m* and: if the fabric is synthetic, whether the fill yam is spun or not spun: and (ii) If the fabric filter device uses a felted fabric, the density in g/m\ the minimum thickness in inches, and the airflow permeability in m3/min/m'. . (3) For sources subject to IS 61.151 end 81.152: (i) A brief description of each process that generates asbestos-containing waste material: and (ii) The average weight of asbestos- styles of a visibility at least equal to containing waste material disposed of, those specified In this paragraph. measured in kg/day: and - (iii) The emtosion control methods - used in all stages of water disposal; and NMafcM (iv) The type of disposal site or incineration site used for ultimate disposal, the name of the site operator, jjtiimi Mtoaa* Owoatf 23 cm 0 toe* Sm Sm* 34*. GctoeorBledi and tha name and location of the disposal site. (4) For sources subject to I 81.153: Oofreortooc*. --rn nil It Hu> V4 tort Getofc. VtfM H Vl HMSk (i) A brief description of the site; and (ii) The method or methods used to comply with the standard, or alternative procedural to be used. (b) The information required by paragraph (a) of this section must accompany the Information-required by 181.10. Tha Information described in /Spacing between any two lines must be ' at least equal to the height of the upper of the two lintti. - (2) The perimeter of the diaposal site must be fenced in a manner adequate to' defer access by the general public.' this taction must he reported using the (3) Upon request and supply of' format of Appendix A of this part appropriate information, the (Sec. 114. Clean Air Act as amended (42 US.C 2414)). (Approved by this Office of Management and Budget Under control number 2000-0284)' St.tSS Active waste disposal sites. ,, Administrator will determine whether a fence or e natural barrier adequately deters access by the general public, ' (c) Rather than meet the no visible emission requirement of paragraph (a) of this taction, an activt waste disposal ' To be an acceptable site for disposal -- site would be an acceptable site if at the' ' of asbestos-containing waste material end of each operating day, or at least - ' under |{ 81.151 and 61.152. an active once every 244>our period while the site, waste disposal site must meet the is in continuous operation, the asbestos- requirements of this section. containing waste material which was (a) Either there must be no visible . deposited at tha site during the emissions to the outside air from any operating day or previous 24-hour period active waste disposal sits where . . is covered with either. asbestos-containing waste material has been deposited, or the requirements of paragraph (c) or (d) of this section must be met. . fb] Unless a natural barrier': - adequately deters access by the general public, either warning signs and fencing must be installed and maintained as follows, or the requirement* of paragraph (c)(1) of this section must be met [1] Warning signs must be displayed at all entrances and at intervals of 100 m (330 ft) or less along the property line of. the site or along the perimeter of tha sections of the site where asbestos- containing waste material is deposited. The warning signs must: (i) Be posted in such a manner and location that a person can easily read the legend: and :- (ii) Conform to the'requirements of 51 . cm x 36 cm (20" x 14") upright format (1) At least 15 centimeters (6 inches) of compacted nonasbestos-containing material, or J-i- / (2) A resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. This agent must be used as recommended for the particular dust by; the manufacturer of tha dust suppression agent. Other equally yeffective dust suppression (gents may . be used upon prior approval by the Administrator. For purposes of this paragraph, waste crankcase oil is not considered a dost suppression agent (d) Rather than meet the no visible emission requirement of paragraph (a) of this section, an active waste disposal site would be an acceptable site if an alternative control method for emissions that haa received prior approval by the Administrator is used. - signs specified in 29 CFR 1910.145(d)(4) (Secs. 112 and 301(a) of the Clean Air Act and this paragraph: and amended (42 U.S.C. 7412 7001(a)) (iii) Display the following legend in [7X Dot M-aOH FUI * K oa| the lower panel with letter sizes and mluno coot ana i X4I6694