Document 6wYpe6jdpnDwbGV4jOm8Kmbbm

/ INTEROFFICE MEMORANDUM TO: *See Below FROM: J. C. Pullen DATE: December 01, 1986 REF: JCP-86-217 *R. E. Caldwell - Shelby N. A. Culbertson - Celriver D. J. Feuerbach - Celco J. J. Henley - Fayetteville D. A. James - Palmetto J. R. Kelly Greenville C. E. McLain - Celriver D. V. Perry - Salisbury W. E. Ross - Shelby 0. B. Smith - Salisbury R. S. Smith - Charlotte R. D. Tankersley Celco C. W. Whaley Charlotte SUBJECT: Asbestos Removal Attached for your information is a good summary of EPA requirements pertaining to asbestos removal and disposal. cc. J. A. Lerme V. H. Town B. T. Bowyer T. W. Scott HNA SH STEW 1365  CJO ' nc'wf. cn The amendments (PL 99-519) will require school systems to identify and abate asbestos hazards in their buildinp (Current Developments. Oct. 24. p. 965). Both the school systems and companies hired to remove the asbestos will have to follow extensive standards laid out by the Environmental Protection Agency. Below is a description of environmental standards for asbestos removal and disposal, and a discussion of standards for makers of asbestos products and of pending asbestos standards under the Safe Drinking Water Act. Air Emissions Standards for Asbestos Emission standards for asbestos issued by the EPA under Section 112 of the Clean Air Act present a number of challenges for federal and state environmental authorities seeking to enforce procedures for buildinp being demol ished or renovated. Older buildings being renovated or demolished frequently contain asbestos materials. The number of demolitions or renovations taking place and enforcement resources avail able impose choices upon environmental authorities seeking to implement an effective enforcement strategy. According to an EPA survey released Oct. 12. 1984. more than 700,000 commercial, residential apartment and feder al buildinp contain asbestos material that can be released into the air by pressing on it with the hand (Current Develop ments. Oct. 26. 1964. p. 1067). The Section 112 standards establish a goal of no visible asbestos emissions from any process or activity involving the substance. The standards apply to manufacturers of a variety of materials containing asbestos. In addition to the procedures for removing asbestos materials from buildinp. the standards cover asbestos mills, asbestos insulating ma terials. and asbestos disposal Gonoral Policy RECENT TSCA AMENDMENTS HEIGHTEN IMPORTANCE OF ENVIRONMENTAL STANOAROS COVERING ASBESTOS Amendments to the Toxic Substances Control Act signed into law by President Reagan in October will raise the prominence o( environmental standards governing removal and disposal of asbestos in buildinp. Standards Promulgated EPA listed asbestos as a hazardous air pollutant March 31. 1971 and in 1973 originally promulgated standards gov erning asbestos under Section 112. However, a 1978 Supreme Court case limited EPA enforcement options of the building demolition requirements. The Court dismissed an indictment issued against a build ing demolition firm for violating the requirements, declar ing they were not "emissions'' standards under Section 112. but "work practice" standards not subject to EPA enforce ment under the Act (Adamo Wrocking Co. v. L'.S.. 11 ERC 1081: April 20. 1984. p. 2281). Section 112(e) of the Air Act was added in 1977. authoriz ing EPA to issue standards relating to desip. equipment, operations, and work practice. In an effort to respond to the Supreme Court ruling, which dealt with standards issued before the 1977 amendment some work practice standards were re-promulgated and others were not The Court ruling and subsequent re-issuance of some of the requirements resulted in each standard having a differ ent enforcement status, according to agency enforcement documents. The perception of different enforcement status for different asbestos standards "led to confusion and great ly hindered litigation efforts." according to the documents. To establish a new set of standards. EPA undertook a revision of the asbestos requirements. In July 1983. new standards were proposed (July 13.1983; p. 417). The current standards were issued in final form April 1984 (40 CFR 61. Subpart M. Section 61:140 to 61:186). ii-ji-SS Copyright C 1966 by The Bureau of National Affairs, me., Washington. O.C. 00'S-mii/smo- so HIMA SH STEW 1366 Building Removal or Domoiltion: Catagohaa Requirements for buildings under the standards govern the removal of asbestos-containing material from any insti tutional. commercial, or industrial structure, including apartment buildings with more than four dwelling units. Removal requirements depend upon the amount of asbestos involved, but apply to removal activity in buildings -being demolished or buildings in use. The requirements apply to the "owner or operator" of a building or contracting service engaged to remove asbestos. Any asbestos removal is a "renovation" under the standard and must meet the requirements. Removal of asbestos materials from building* is. nqt mandated by the standards The standards regulated the conduct lor a building owner or operator deciding to remove asbestos or to demolish a building containing the substance. State or federal statutes requiring asbestos removal from schools or other buildings are separate from Section 112 standards. Removal requirements list two categories of buildings. The first category is buildings in which the asbestos-contain ing material is at least 260 linear feet on pipes or at least 160 square feet on another building area affected by demoli tion or renovation. The second category comprises buildings in which the asbestos-containing material covers less area. Notice Requirements: First Building Cstegory Requirements for the first category include written notifi cation to CPA at least 10 days before work begins "of intention to demolish of renovate." The notice must include the name and address of the owner or operator, a descrip tion of the building, and a description of the amount of asbestos involved in the demolition or renovation. The notice must also contain the starting and ending dates of the work, the methods to be used to comply with the removal standards, and the name and location of the dispos al site where the asbestos will be sent. Notice Requirements: Second Building Category For the second category, the notice requirement is 20 days before removal or demolition work begins. The notice must include the name and address of the owner and operator, a description of the building including the amount of asbestos involved, and the starting and ending dates of the work. However, renovation or demolition work performed on the second category of buildinp need not follow removal and disposal requirements. The notice need not describe removal procedures or list the disposal site. If a building is being demolished by order of a state agency because tbe it is structurally unsound and in danger of immediate collapse, a complete notice is to be sent to EPA "as early as possible." Asbestos Removal or DomoWon: Remove) Procedures Asbestos removal procedures apply only to the first cate gory' of buildings, those containing at least 260 feet of asbestos materials on pipes or 160 square feet oo other building areas. The requirements are designed to ensure that asbestoscontaining materials are kept in sections and do not produce airborne emissions. Removal of asbestos materials is re quired before engaging in any work that would break up those materials. However, removal prior to demolitioo work is not required if the asbestos materials are "encased in concrete or other similar material" and can be wetted when exposed by demolitioo activities. When asbestos material is being remo\ed. the standards require that the material be kept wet Building sections containing asbestos that are lowered to the ground in the course of demolition or removal work cannot be dropped or thrown. Wetting asbestos materials in buildinp during renovation operations can be avoided if EPA determines, based on information supplied by the building owner or operator, that wetting procedures would damage equipment If the materi al is not to be kept wet, removal methods must involve an exhaust collection system described by the standards to prevent emissions. Once asbestos materials are removed they must remain wet until disposal. The materials are to be transported in dust-tight chutes and adequately packed All asbestos must be disposed in active waste disposal sites complying with Section 112 requirements as to disposal methods, site securi ty. and public warnings of asbestos dangers. The standards prohibit visible emissions in the prepara tion and transport of asbestos waste being disposed. The regulations suggest that asbestos-containing waste continue to be wetted or mixed with water, sealed in leak-tight, properly labeled containers, and transported to an approved disposal site. Other Section 112 Asbestos Standards Manufacturing standards for asbestos under Section 112 apply to a variety of materials that contain asbestos, includ ing felt, paper, millboard, cement products, floor tile, paints, caulks, plastics, rubber, and chlorine. Tbe standards require that manufacturers discharge no visible asbestos emissions and use an air cleaning process to clean emissions from manufacturing operations. The standards ban installation of insulating materials containing asbestos, except for spray applied materials. Spray application of any asbestos-containing substance must use materials containing one percent or less of asbestos or must be done according to procedures outlined in the standards. The standards prohibit visible emissions upon owners or operators of asbestos mills, and ban surfacing roadways with asbestos mill tailings or asbestos-containing waste materials. EPA Enforcement Authority As a Section 112 Air Act standard, enforcement of asbes tos requirements is delegated to states as part of an ap proved state implementation plan (SIP) under the Act EPA officials estimate approved SIPs are in place in 10 states Federal enforcement of Section 112 standards is author ized by the Sections 113 and 303 of the Air Act Section 113 permits EPA to issue violation notices, to obtain a permanent or temporary injunction against viola tors, to sue for civil penalties, or to prosecute for criminal penalties. The Act provides civil penalties of $26,000 per day for each violation. Criminal penalties for a "knowing" viola tion of Section 112 standards are $25,000 per dey or one year in prison. Section 303 allows EPA to seek a restraining order baiting tbe emission of any pollutant source that is "presenting an imminent and substantial endangermem" u> public health and that has not been subject to state or local abatement actions. Failure to comply with a Section 303 restraining order can result in a fine of $5,000 per day of violation. EPA Enforcement QuManco and Policy To guide enforcement of the asbestos standards enforce ment. EPA issued an enforcement strategy document for its 11-21-08 Emwonmut Rponw ooi-Kii/MO>je HNA SH STEW 1367 regional offices in April 1914 The document concentrates on the renovation and demolition requirements The document stated that "the number of demolition and renovation sources is greater than that of all other asbestos source categories combined, and the compliance status much worse." EPA enforcement officials have stated that enforcement efforts of Section 112 removal standards willincrease (Sept. 7. 1984, p. 719; March 1. 198S. p 1802). The guidance document emphasised regular inspections of demolition or removal sites once Section 112 notification is received and a high compliance rate for demolition or removal activities. Due to the "transient nature" of demolitions and renova tions. the document suggested the most appropriate enforce ment options will be administrative orders under Sections 112 or 203 or a civil action under either section for "immedi ate relief." The document said. "Whether EPA proceeds administratively may depend on whether the agency has confidence that the source will comply" with an administra tive order. The document said that a violation notice may be suffi cient to encourage compliance. Penalties sought in civil actions for "substantive viola tions" should be based on an estimate of "the economic benefit derived by the source in failing to comply with the regulations" One way to make this calculation, the docu ment suggested, is to compare the dollar amount of the demolition or renovation contract with an estimate of the cost to do the job in compliance with the regulations. Defendants in enforcement actions can include the build ing owner and the contractor. The document noted that the most appropriate party in most instances is the contractor actually doing the work, but suggested that as a general rule suits also should name the site owner. "If it is known that the site owner has other sites which may be demolished or renovated." the document said, "it is as important to deter future violations by the owner as it is by the contractor." Enforcement Activity and Litigation As indicated by the EPA guidance document, enforcement activity or litigation around asbestos, either between private parties or in a government action, has concentrated on owners of buildings or contractors in asbestos removal or demolition activities. There has been at least one indictment of a building contractor and building owner in a case in which the proper notice of removal activity was not provided and removal activities did not cease after a notice of violation. The case involved renovation activities in a school in Pennsylvania (Nov. u, p. 11M). A Connecticut federal court in June 1986 granted a Sec tion 303 restraining order requested by EPA against a demolition contractor to halt demolition activities. EPA said it bad determined that the activities were posing an immedi ate threat to public health (US. v. Big Apple Wrecking Corp., DConn, No. 88-211). After the injunction was granted, an inspection of the demolition operation by EPA indicated that no further action would be necessary (July II, p. 439). A federal district court ruled that a building owner can be liable for asbestos emissions standards violations occurring while a subcontractor was riematiriitaig the building (US. v. Geppert Bros., DEPa, 24 ERC 1109; July 18.1918. p. 431). Civil suits against owners and operators have also been filed by EPA when asbestos removal standards allegedly have been violated. Three New England corporations were sued in August 1988 for failing to dampen asbestos being removed from Connecticut rug factory (L'.S v DallasCngicld MiiiS Property. Inc.. DConn. No H86-879PCD. Aug 29. p. (27.) Private Actions Private suits unrelated to Section 112 standards include a class action suit seeking reimbursement from asbestos man ufacturing companies for the costs of asbestos abatement in schools (fn re Asbestos School Litigation. DEPa. No 830268. Oct. 19. 1984. p 1018), and a suit by a college for removal costs of asbestos installed by an asbestos firm (Corporation of Mercer University v. National Gypsum Co.. 24 ERC 1953: Oct. 3. p 819 ). A suit was filed Feb. 4, 1985 seeking damages estimated at $1 billion from 42 producers and marketers of asbestos to pay for removal of the substance from homes in California (Mullen t\ Armstrong. ContraCosuCty Superior CL No. 268517; March 1. 1985. p 1814). Suits also have been filed against the asbestos manufac turers. related to the health hazards and disposal of asbestos (fn re: Johns Manville. 24 ERC 1881). RCRA Regulation of Asbestos Disposal Asbestos destined for disposal is regulated as a "nonhazardous" solid waste under Subtitle D of the Resource Conservation and Recovery Act. according to an official ui the Waste Management Division of EPA's Office of Solid Waste. Certain asbestos wastes had been listed as hazardous under RCRA Subtitle C in May 1980 but were "temporarily" removed from the statute's hazardous waste lists later that year because EPA believed their disposal was adequately regulated under the Air Act. the official said. The Solid Waste Office official told BNA Nov. 17 that the agency periodically considers "relisting" asbestos as hazard ous under RCRA. but that there currently are no plans to resume regulating wastes containing the substance as hazardous. Federal RCRA Subtitle D regulations, which govern solid waste disposal facilities such as municipal landfills, impose general facility siting requirements and operating proce dures designed to protect human health and the environment but do not refer to asbestos specifically. RCRA gives states responsibility for developing specific solid waste regulations based on the general federal require ments, the official explained. He said most states place more stringent requirements on disposal of asbestos-con taining wastes and many have designated the wastes as hazardous. New TSCA Amendment Requirements Under the new TSCA amendments, EPA must develop comprehensive disposal regulations for asbestos wastes within one year or asbestos disposal guidelines developed by the Office of Solid Waste will become law, according to the official. He commented that EPA's Air Office is revising its National Emission Standard for Hazardous Air Pollutants (NESHAP) for asbestos, which, if completed in time, would satisfy the TSCA disposal rule requirements. However, the one-year deadline puts EPA on a "tight schedule," the official said. The Solid Waste Office asbestos disposal guidelines con tain recommendations for complying both with RCRA and Air Act requirements and oo how to determine what state or local rules may be applicable, according to the EPA official. For example, general RCRA regulations require that ac cess to Subtitle D disposal facilities be controlled to prevent 11-M -SS CopyrigM C 1SSS Oy Th* Bureau o< Notional/Utere. me.. Waihngten. D.C. 00ivein/M/SO*JO HNA SH STEW 1368 exposure of the public to potential health and safely hazards in general at the disposal site Therefore, the EPA guidelines advise operators of dispos al facilities that accept asbestos to install warning signs and fencing topped with barbed wire, unless adequate natural barriers exist, to help avoid liability for any potential health or environmental problems resulting from asbestos exposure. The agency recommends that warning signs referring specifically to potential asbestos health hazards be dis played at all entrances and at intervals of no more that 330 feet along the property line of the landfill or perimeter of the sections where asbestos waste is deposited. Familiarity With State Regulations The guidelines suggest that potential disposers become familiar with any additional, more stringent requirements on the handling of asbestos-containing wastes imposed by state and local solid waste regulatory agencies Many states issue lists of facilities that are in compliance with their more stringent rules and have been "approved'' or licensed to accept asbestos wastes To further reduce liability, some disposal facility opera tors impose special requirements on asbestos waste, such as placing all bagged waste into 53-gallon metal drums EPA therefore recommends that asbestos waste disposers contact the intended disposal facility before arriving with the waste and that disposal facility operators require notification be fore receiving asbestos wastes. Facilities in compliance with RCRA Subtitle D require ments also must adhere to the Air Act NESHAP for asbestos before they can accept wastes containing the substance The Air Act standards are designed to prevent release of asbes tos fibers into the air at harmful levels during and after disposal. Disposal facility operators also are advised to notify EPA whenever asbestos waste is received "in a condition that may cause significant fiber release during disposal " Wastes that are not properly containerized, as required under the Air Act. should be thoroughly soaked with a water spray prior to unloading and immediately covered with a non-asbestos material prior to compacting the waste in the landfill, according to the agency guidelines. Minimizing Potential Air Emission Dangers To minimize potential dangers from exposure to air emis sions of asbestos, the Solid Waste Office guidelines advise disposal facility operators to designate a separate area, most ideally an isolated, narrow trench, for asbestos waste disposal. The trench should be ramped to allow entrance of disposal vehicles and should be aligned perpendicular to prevailing winds, according to the guidelines. Asbestos waste contain ers should be placed into tbe trenches carefully to avoid breaking them, especially when plastic bags are used The containerized asbestos waste should be covered with in 24 hours of disposal with at least six inches of non asbestos material, the guidelines advise Moreover, asbestos wastes should be compacted only after being covered, ac cording to the EPA guidelines: For final closure of an area containing asbestos waste, the guidelines advise an additional 30 inches of cover with a non-asbestos material. The final cover should be graded and vegetated to control erosion and more cover material should be used in areas where excessive soil erosion may occur or where the frost line exceeds three feet, according to the guidelines. Finally. EPA adv ises that disposal facility operators dot ument the specific location and quantity of the bune asbestos wastes for protection from liability This mforma non should be recorded in the land deed or other recor along with a notice warning against excavation of the area the agency suggested Regulation of Asbestos in Drinking Watsr Asbestos concentrations in drinking water would be regu lated under the Safe Drinking Water Act if a standarc proposed in 1985 issued by the EPA in final form The .Nov ]3. 1985. proposed rule would set a maximum contaminant level goal of 7.1 million fibers per liter (Nov 15. p 1252i. If EPA promulgates a final MCL goal, it would not be ar enforceable standard, but instead would serve as a guideline to state regulators, who have the authority to impose tighter standards than EPA if they choose. A final, enforceable maximum contaminant level is expect to be issued by EPa by June 1988 or sooner. The standard would apply only to fibers longer than 10 micrometers uni. which are suspected of causing tumors in the gastrointestinal system. EPA said in its proposal While scientific evidence shows a strong correlation between as bestos inhalation and lung cancer, far less data are available on the effects of ingested asbestos. EPA noted Most animal studies have shown no correlation between asbestos ingestion and cancer, except for one study per formed by the National Toxicology Program The NTP research. EPA said, showed an increase in gastrointestinal' tumors in male rats "that may be indicative of carcinogenic effects " A 1980 EPA study of 40S cities indicated that 40 city water supply systems had levels of asbestos fibers longer than 10 in concentrations greater than 10 million fibers per liter. The agency is seeking comments on several issues, includ ing whether there is enough evidence to justify regulating ingested asbestos as a carcinogen. Other areas of concern are availability of analytical methods to detect asbestos in water and whether the 10 m threshold is appropriate. EPA said. Existing National Primary Drinking Water Regulations currently require community water supply authorities to report the presence of asbestos concrete pipe in their distri bution systems ($141 42(d)). as part of their responsibilities under the "Special Monitoring for Corrosivity Characteris tics" provision of the law. States are authorized to require reporting on the presence of vinyl lined asbestos cement pipe as well, if they choose. impact Statement* MMS FINAL ON TWO OIL, GAS LEASE SALES IN GULF OF MEXICO AVAILABLE FOR REVIEW A final environmental impact statement on two proposed proposed oil and gas Lease Sales in the Central and Western Gulf of Mexico is available for public review, the Environ mental Protection Agency said Nov. 7. The statement (EPA ID No. 860448). which was prepared by the Interior Department's Minerals Management Service, covers Lease Sale Nos. 110 and 112 to take place on the outer continental shelf in 1987. Tbe leasing activities affect Alabama. Louisiana. Mississippi, and Texas. 11 -21 -88 Enmonnwnt Raponar OOtS-ISii/M/SO- SO HNA SH STEW 1369