Document 7MngN2L8777yb8jnebMb7Yda8

U. S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION OCCUPATIONAL EXPOSURE TO ASBESTOS Notice of Proposed Rulemaking Docket Number H-033 Comments Submitted By: Lowell D. White, Ph.D. C.I.H. 23 East 2000 South Orem, Utah 84057 April 9, 1976 CAPCO JEN 0002036 COMMENTS OF LOWELL D. WHITE, Ph.D., C.I.H. OSHA Proposed Asbestos Standard Federal Register 40 (197) 147652-65, 1975 Introduction As an ABIH certified industrial hygienist, I am vitally concerned with the attainment and maintenance of a healthful work place. However, the basis of the proposed regulations requires further discussion. The severity of the provisions of the pro posed regulations are not justified by the available data. Comparison of Cigarette Smoke Pollutants and Workplace Asbestos Levels The concentrations of "carcinogenic agents" and "potential cancer promoting agents" contained in cigarette smoke are compared with the maximum reported workplace level of asbestos in Table I. TABLE I Comparison of Pollutants in Cigarette Smoke and Asbestos Pollutant Eenzine-soluble organic particulate matter Particulate matter Carbon monoxide Hydrogen cyanide Acetaldehyde Cigarette Smoke (mg/m3) 82,000 (1) 95,000 (1) 45,000 (3) 1,600 (3) 6,700 (3) Asbestos (mg/m3) __ 5.4 (2) This comparison of exposures shows that cigarette smokers are exposed to considerably greater levels of potential "carcino gens". For example, an asbestos worker would potentially inhale CAPCO JEN 0002037 2 over a period of 20 years at the highest conceivable levels cited above about 1,500 times LESS "carcinogenic" material than the average worker who smokes cigarettes (assuming asbestos.is carcin ogenic) . Of course, some difference in retention may exist. It is common knowledge.that cigarette tar and many of its components are carcinogenic to multiple target organs and animal species (1). However, the same cannot be said for asbestos. Even intratracheal installation and ingestion of large doses of asbestos have failed to produce tumors (2-4). From an experimental point of view, this extremely stringent standard is not substan tiated by experimental laboratory evidence that asbestos causes cancer. This is incredible, considering that the severity of the standard is justified by the claim that asbestos is a "carcinogen". Cigarette Smoking and the Epidemiology of Asbestos Worker Lung Cancer _________ Several investigators have reported that occupational expo sure to asbestos causes lung cancer according to the findings of their epidemiological studies (5-7). These studies and others were discussed in detail in the preamble to the proposed regulations. Such biostatistical studies are not proof of causal relation ships but are only useful for identification of potentially rewarding areas for biomedical research. The claims made by these studies that asbestos is a "carcinogen" are particularly suspect since biomedical research has not shown this to be the case. These studies warrent critical scrutiny. In order to avoid making serious errors in epidemiological surveys, several variables must be taken into account (8): 1. Is the observed association due to chance (random occur ence) ? 2. VJhat role might other variables play in accounting for all or part of the observed association? 3. To whom does the association apply? 4. Does it appear that the association represents a cause and effect relationship? The studies reported by Selikoff (5-6) appear to make an attempt to take into consideration the variable (#2 above) known to cause almost all the lung cancer in our society cigarette smoking (9). Attached to these comments is the "Cigarette Smoking" page which contains the lung cancer statistics (6). It is easily noted that less than the expected number of lung cancers were CAPCO JEN 0002038 --3-- *V--l observed among asbestos workers who had never smoked cigarettes. Note for example that 6 cases of lung cancer were expected for all locals in the U.S. and Canada but only 2 were observed.- In a more recent report, Selikoff (5) has reported that 7.51 and 4.40 lung cancer deaths were expected among non-smokers but only 2 and 1 respectively were'observed. (Table 5) Indeed, the conclusion (circled) states that, "In the absence of cigarette smoking, we have not found lung cancer to be a very serious problem among asbestos workers." (6) This is tricky wording as something which is not "a very serious problem" may still be "a serious problem" and thereby be misleading. These data show simply that asbestos does not cause lung cancer and that non-smokers experience absol utely no risk for excess lung cancer mortality. Indeed, these data suggest that asbestos exposure may reduce their risk for lung cancer. Cigarette smoking habits and its effect on lung cancer rates simply cannot be excluded from any epidemiological study of lung cancer incidence among occupationally exposed worker populations. The American Cancer Society (9) has reported that heavy smokers have a 15- to 20-fold greater risk of dying from lung cancer than men who have never smoked. Friedman et al. (10) have reported that heavy smokers have a 10-fold excess lung cancer risk than do non-smokers. A recent Swedish study (11) reports that smokers experience a 7- to 28.8-fold excess risk for lung cancer depending upon the type and amount of smoking. Reference is made again to Attachment 1 which shows the cig arette smoking statistics for a lung-cancer epidemiological study by Selikoff, et al. (6). Note that the asterisk indicates that the expected deaths of lung cancer in these populations are based on U.S. death rates from the U.S. National Office of Vital Statis tics. For all U.S. and Canada locals, 8 percent of the non-smokers were expected to die of lung cancer whereas only 4 percent of the smokers were. How ridiculous can you get? As cited above, smokers have a much higher lung cancer rate than do non-smokers. So, in reality, Selikoff, et al, did not actually correct for cigarette smoking. These figures are highly suspect and are obviously cal culated and compared in a misleading fashion. Also for example, U.S. death rates are an improper control group for comparison. These data are not differentiated with respect to cigarette smoking and are a much more diffuse group than was the study group of asbestos workers who had to have worked about 20 years with asbestos to qualify for inclusion. Selikoff, et al. are actually comparing "grapes" with "oranges" as the study and control groups were not identical with respect to all parameters except exposure to asbestos. It is interesting to note that Stell and McGill (12) admitted finding higher levels of ciggarette smoking among asbestos workers than among other workers. Therefore, a significant probability exists that cigarette smoking accounts for all the "excess" lung cancer deaths observed among these asbestos workers. i CAPCO JEN 0002039 4 Tables 4 and 5 of the recent report by Selikoff, et al. (5) are attached to these comments. The expected death rates are cited as "based upon age-specific white male death rate data of the U.S. National Office of Vital Statistics from 1963 to 1971, disregarding smoking habits" (emphasis added). Again, non-smokers experience less than the expected rate of lung cancer mortality showing that asbestos does not cause lung cancer. A simple calcu lation of the data in these tables again show lower rates of lung cancer were expected among smokers than pon-smokers. This is incredible. The manipulation of these data in this manner makes the reported conclusions yet more suspect. Secondly, the control group (U.S. white males) and the study group of asbestos workers are again not matched as to exposure (including cigarette smoking) except for exposure to asbestos. Third, the admission that the expected deaths are calculated "disregarding smoking habits" is an egregious error in judgement. The failure of these studies to take cigarette smoking into account completely invalidates any and all conclusions made of an association between asbestos exposures and lung cancer. The Federal Register notice (page 47656, column 1) indicated that a study by Gilliam et ad., "found three times the risk of malignant respiratory disease than expected" at average concen trations of 0.24 fibers/ml. The "findings" of this study were undoubtedly used by OSHA to justify the exceptionally low TLV of 0.5 fibers/ml. This study also has several serious flaws: 1. The control group is the general white male population of the U.S. 2. Smoking groups are divided only into "light" and "heavy" smokers for comparison purposes. (Table 2) The first error has been discussed briefly above. The second is critically important with respect to the conclusions drawn by Gilliam, et al. that "the excesses in respiratory cancer did not seem to be attributed to age, cigarette smoking"..."asbestos minerals at concentrations significantly less than 2 fibers per cc and of short length characteristically stand out as the most prominant independent variable to be associated with this excess of malignant and non-malignant respiratory disease." Gilliam, et al. divided the workers into groups of "light" smokers (up to and including 1 pack per day or less than 10 years) and "heavy" smokers (more than 1 pack per day and more than 10 years). Of course, the most significant lung cancer risk was noted among the "heavy" smokers but since "light" smokers showed an excess of lung cancer this showed "the interactive role of asbestos in the etiology of lung cancer." This conclusion is completely untenable based on these "data" and will be directly addressed. CAPCO JEN 0002040 5 It is generally recognized that the lung cancer rate increases with increased amounts of cigarette smoking (9-10). The Kahn study (13), in particular, showed lung cancer rates about four times greater at cigarette consumption rates up to 9 cigarettes per day. The lung cancer rate increased to 20 times as much when two packs of cigarettes were smoked each day. The "light" smokers group in the Gilliam et al. study included those workers smoking up to a pack a day. It~Ts to be expected that these men will experience excess lung cancer rates when compared tp the U.S. general white male population which has not been differentiated for smoking habits. No lung cancer would be expected only among the non-smokers. These investigators (Gilliam et al^.) have simply observed only the small difference expected between these groups due to the variation in smoking habits established in the study. The probability that asbes tos had anything to do with the excess induction of lung cancer among these workers is negligible if not zero. At asbestos levels of even 0.5 fibers per cc these men were being self-exposed to the carcinogenic tar of cigarette smoke at levels up to 1,000,000 times as great (and more). To assert that these minute levels of asbestos were responsible for these lung cancers is equivalent to claiming that a molehill (asbestos) is a mountain and that the mountain (smoking) is actually a molehill. This would be a joke if the consequences and severity of the proposed regulations were not so serious. The failure to adequately consider the role of cigarette smoking completely invalidates any and all conclusions of an association between asbestos exposures and lung cancer. The compara tive data above indicate a significant probability that the differ ential lung cancer mortality observed among asbestos workers will be found to be associated with variations in smoking habits. It is strongly recommended that the standard be revised upward to at least 2 fibers per cc. References: 1. Hoffman, D., and Wynder, E.L.: Chemical Analysis and Carcinogenic Bioassays of Organic Particulate Pollutants, in Stern, A., ed: Air Pollution, Academic Press, Inc., New York, Vol. 2, 1968, pp. 187247. 2. Harwood, C.F. and Blaszak, T.P.: Characterization and Control of Asbestos Emissions from Open Sources. NTIS Report No. EPA-650/274-090. September, 1974. 3. Osborne, J.S., Adamek, S. and Hobbs, M.E. Phase of Cigarette Smoke. Anal. Chem. 28 Some Components of Gas 211-5, 1956. CAPCO JEN 0002041 6 References (cont.) 4. Gross, P., Harley, R.A., Swinburne, L.M., Davis, J.M., and Greene, W.B.: Ingested Mineral Fibers Do They Penetrate Tissue or Cause Cancer? Arch. Environ. Health 29: 341, 1974. 5. Selikoff, I.J.: Multiple Factor Interactions in Occupational Disease. Paper Presented at the Interdepartmental Workers Compensation Task Force Conference on Occupational Diseases and Workers Compensation, University of Chicago, February 10, 1976. 6. Selikoff, I.J., et al.: Insulation Hygiene Progress Reports, Volume 4, No. 4, Fall 1972. Supplement to the International Association of Heat and Frost Insulators and Asbestos Workers Union Magazine. 7. Gilliam, J.D., Lemen, R.A. Archer, V.E., Wagoner, J.K., and Dement, J.: Morbidity and Mortality Among Hard Rock Miners Exposed to a Asbestiform Mineral. Am. N.Y. Acad. Sci. (in press). 8. MacMahon B., and Pugh, T.F.: Epidemiology Principles and Methods. London, Great Britain, J. & A. Churchill, 1970, pp. 1-117. 9. "Cancer Facts and Figures," Annual Report of the American Cancer Society, 1975. 10. Friedman, G.D., Siegelaub, A.B., and Seltzer, C.C.: Cigarette Smoking and Exposure to Occupational Hazards. American Journal of Epidemiology 98: 175-83, 1973. 11. Anonymous: Today's Health, October, 1975, p. 8. 12. Stell, P.M. and McGill, T.: Asbestos and Laryngeal Carcinoma. Lancet, August 25, 1973, pp. 416-7. 13. Kahn, H.A.: The Dorn Study of Smoking and Mortality Among U.S. Veterans: Report on Eight and One-Half Years of Observa tion. Nat. Cancer Inst. Monograph 19: 1-125, 1966. CAPCO JEN 0002042 CIGARETTE SMOKING Ciftrcdt smoking and insulation aorkdonol nli. Research hu shown (hal lung cancer occurs against a background of cig arette amoking: 1. LOCALS 12 AND 32: Total deaths by Dec. 31.1971 Expecteddeathsof lungcancer* Deaths of lung cancer Jan. 1,1963-Dec. 31,1971 On Jan. 1,1963, there were 370 mem bers of Locals 12 and 32 who had en tered the Union before 1943. 87 never smoked cigarettes 2&3had a history of cigarette smoking 35 ' 133 148 341 1 41 2. ALL LOCALS, US. AND CANADA: There were 17,800 men registered in the International on Jan. 1,1*57.11.656 completed questionnaires recordinf their smoking habits. Total deaths by Dec.31.1971 Eipected deaths of lungcancer* Deaths of lung cancer Jan. I.196:-Dec.31.1971 2,0*6 never 9,590 had smoked cigarettes smoked cigarettes 73 598 5.98 2 25.09 134 *0ased on USdnth rates, US. National Office of Vital Statistics. Calculations Indicate that asbestos workers who smoke eigarettes have eight times the chance of dying of lung cancer, compared to other tig- arelte smokers of the same age who do not work in this trade. i^vf* *> Z ' Asbestos workers who smoke eigarettes have 92 limes the risk of dying of lung cancer, compared to simitar men, who neither work with asbes- \ tos noc smoke cigarettes. _____ ................. We have not found significant trouble with pipe or eigar smoking. n the absence of cigarette smoking, we have not found lung cancer to be i very serious problem among asbestos workers.* Cigarette smoking Is nol the whole story, however. Mesothelioma and a*bestosis occur even without smoking, as does cancer of the alomach, esophagus, colon or rectum. Therefore, dust control b essenlisL Two things do not belong in pipe-coverers* lungs: INSULATION DUSTS AND CIGARETTE SMOKE. CAPCO JEN 0002043 E x p e c te d and o b s e rv e d d e a th s among 370 New Y o rk -N e w J e rs e y :bestoo in s u la tio n w o rk e rs , January 1, 1963-O cccm ber 31, 1973 by crooking h a b its d Vl* 4J O co *rd 44 IH > 0) 44 O o ** O Ud c r~t d CJ -WeO cr -< oo X JO -H xl uc co< c c r-i 3s 44 O 44 Vl O 44 hn dc ip* ho Cr*4 xi m d r-l ** H O W VI d du o oo 44 D <y *a0 JO ii O ^ a to xi d H` 44 O O rGri d Vi d o o - o Cv O o C r-l r--l . TM O 1c n: 1 1 r* rl CM rdj X o aa H r-l XI Vl da Vt S rj w > Vi m cm n <N C ro xi a d X> o ' ro r-l o a 'C a o ' Hce^ "O;' 1^* o CO ienrv c c ^ m co r* 0<J3 . x> .rs; s.^i. ?.,i O -H t H J* to 44 O , H .! n a a * ci < oa icno ro cm c tn CO o r- <on tn cn CM oU U tn :;i t1o -CH '1 o 'O : dtn ua u o d tn cj Pi O V: Cl w ao uo ^3 44 O n o r-l (M CO O CM r-l H co CD ncn no o * d <-i J2 m1 . oo . V4 CO tn c to iH U tn >, dh M Ai O w ca j xl V; O O Vl xj nj in er. H O o (/# Uo x> >c dO UC to V: I 2X U^ iu o o5 uv O x xi x> oa ri VI jo c C o 1o/ Vl oc: to d rt4n v; o O' >o X2I O U . d 4h o 'O u 0C0J *XHI - Oc *xA> rICi c o X xl O Id O O -4 WWH !Z: o CAPCO JEN 0002044 / Table 5 Expected and observed deaths' of lung cancer among 17,300 U.S. and Canada asbestos insulation workers, January 1, 1957-Decerber 31, 1972; relation to cigarette smoking No of Dersons Deaths from lung c SLT'CSZ' Exuected3 Observed Ratio Smoking habits not known 6,144 16.76 94 S-O History of cigarette smoking 9,590 No history of cigaro tte S",o!<ing 2,066 31.60 7.51 1"9 2. ' 5.7 * 0-3 Never smoked 1,457 4.40 : 1 C. 2 History of pipe and/or cigar only 609 3.11 1 0-3 . a Expected deaths base d upon age-soecific U.S. nor --2l1 L t%' rates for white male s, lcisr egarding smoking.' lung cancer estimates based ion U.S. rate's-for cancer of lur.r. pleura, bronchus and trache a, categories 152 ar.d "63 of the International Classi facaticn of Diseases 9 - Causes of Deaths, 7th Revision. CAPCO JEN 0002045 S-334 121:0461 ENVIRONMENTAL PROTECTION AGENCY REGULATIONS ON NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (40 CFR 61; 38 FR 8820, April 6,1973; Amended by Code of Federal Regulations,Volume 40, Revised as of July 1, 1976; 41 FR 27967, July 8, 1976; 41 FR 33264, August 9, 1976; 41 FR 34629, August 16, 1976; 41 FR 36918, September 1, 1976; 41 FR 40108, September 17, 1976; 41 FR 40467, September 20, 1976; 41 FR 43148, September 3R 1976; 41 FR 44860, October 13, 1976; 41 FR 46SS9, October 20, 1976; 41 FR 53017, December 3, 1976; 41 FR 54758, December 15, 1976; 41 FR 56805, December 30, 1976) Subpart * general Provisions ' hazardous air pollutant not previously sec--Second, emitted, except that: avg.--Average. 6 61.01 Applicability. ..." .... Hie provisions of this--part apply to (1) Routine maintenance, repair, and, replacement shall not he considered- IX>.--Inside diameter. OJ3.--Outside diameter. the owner, or operator of any stationary' physical changes, and source for which a standard Is prescribed (2) The following shall not be con under this part ........................ sidered a. change in the method- of 61.02 'Definition*. operation: 1 *g--Micrograms (10-*gram). %--Percent. Hg--Mercury. Be--Beryllium. ' As used In this part, all terms not de fined herein shall have the meaning given them In the act:.............. - (a) "Act" m*n< the Clean Air Act (42 U.3.C. 1857etseq,). - (b>'"Administrator" taeans the-Ad ministrator of the Environmental Pro tection Agency or his authorized repre sentative.-. I , (c) "Alternative method"' means any (i) An increase in the production rate; If such Increase does not exceed the op-' crating design-capacity of the stationary source; _` (li) An increase In hours of. operations ' (k) '"New source" means any stationary source', the construction or modification' of which is commenced after the publi cation in the FxafaAL RzcuTia of pro^ -posed*'national erri~tfnu 'slandards for hazardous air pollutants which will be 61.04 Addrcw. (a) All requests, reports, applications, submittals, and other communications to the-Administrator pursuant to this part shall be submitted In duplicate and ad dressed to the appropriate Regional Of fice. of. the Environmental Protection Agency, to the attention of the Director, Enforcement .Division. The regional of fices are as follows: ._ , method of sampling and analyzing for an air pollutant which Is not a reference. method or an equivalent method butwhich has been demonstrated to the Administrator's satisfaction to produce, in - specific eases, results adequate for his determination of compliance. .(39 FR 15936. Msy 3,.1974) ` applicable to such jource. ;* --(I) "Owner or operator"' means anj? person who owns, leases, operates, con trols. or supervises a stationary source. "(m) "Reference method" means any, method of sampling and analyzing for. an air pollutant, as described In ap-' pendix B to this part. Region I (Connecticut. Maine. New KampU hire. Massachusetts, Rhode Island, Ver mont) , John F. Kennedy Federal Building, Boaton, Maaaachuaatta 02203. Region H (New Tor*. New-Jerwey. Puerto Kloo, Virgin Island*), Federal OOce Budd ing, 20 Federal Plaza (Poley Square), Naw Voric. N.Y. 10007. Region m (Delaware, District of Columbia, Pennsylvania, Maryland, Virginia, West Vir ' (d) "Commenced"' means that an own-' (n) "Startup" means the setting In' ginia), Curtis Building, sixth and Walnut er or operator has undertaken a con operation of a stationary source tor any Streets, Philadelphia, Pennsylvania IS108. tinuous' program of construction or modification or that an owner or operator has entered Into a contractual-obligation to undertake and complete, within a rea sonable time, a continuous program of construction or modification. purpose. (o) "Standard" means a national emission standard for a hazardous air pollutant proposed or promulgated under this part.' (pi "Stationary, source" means any Region IV (Alabama, florid*, Georgia, Mis sissippi, Kentucky. North Carolina, South Oerollna. Tenneaaee), Suite 300, 1421 Peach tree Street. Atlanta, Georgia -30309. Region V (nitnote, Indiana,- Minnesota, Michigan, Ohio, Wisconsin), 1 North Wmcker Drive. Chicago, Illinois 80808. (e) "Compliance schedule" means the date or dates by which a source or cate gory of sources Is required to comply with the standards of this part and with any steps toward such compliance which are set forth in a waiver of compliance under building, structure, facility, or installa tion which emits or may emit any air pollutant which has been designated as hazardousby the Administrator*. 61.03 Abbreviation*. Region VI (Arkansas, Louisiana, New Mexico, Oklahoma. Texas), 1800 Patterson fittest, Dallas. Texas 76201. Region VXI (Iowa. Kansas, Missouri, Ne braska) , 1733 Baltimore Street, city, Missouri 63108. Region Vm (Colorado, Montana, North Da 161.11'. ... ........................ - The abbreviations used In this part kota. South Defeats, Utah. Wyoming), 106 <f> "Construction" means fabrication, erection, or installation of a stationary source. ' - <) . "Effective "date" Is the date-, of promulgation In the Febmai- Ricutti, of an applicable standard or other regur* have the following meanings: *C--Degrees Centigrade. dm--Cubic feet per minute.______ ' * ftf-rs5quare feet. _____ ~ ft*---Cubic feet.1 F--Degrees Fahrenheit, In--Inch. ' - -. , Lincoln Towers. 1860 Lincoln Street, Denver, Colorado 80303. , Region DC (Arizona, California, Bewail, Nevada. Guam, American Samoa), MO Cabu fornla Street, San Francisco, CallfornliMIU, Region JC (Washington, Oregon. Idaho, Alaska), 1200 Sixth. Avenue, Seattle, Wash ington 8BI0L, - -lation under this part. .. .* i 1--Liter, (h> "Equivalent method" means any! ml--Milliliter. method, of sampling and analyzing for M--Molar. an air pollutant which has been demon m`--Cubic meter. strated'to the Administrator's satisfac nm--Nanometer. tion to have a consistent and quantita oz--Ounces. -, , Section 112(d> directs the ''Admin istrator to delegate to each State, when appropriate, the authority to implement and enforce the national emission stand ards for hazardous air pollutants'for sta tively known relationship to the reference' v/v--Volume per volume.; tionary sources located in such State; method, under specified conditions. ; yd'--Square yards, All information required to be submitted (1) "Existing'source1' means any.sta w.g.--Water gage. to-EPA under paragraph (a) jjf this1 sec tionary source which Is not a new source. . inHg--Inches of mercury. ID "Modification" means any physicalchange In. or change In the method of "lnHO--Inches of water. g--Grams. operation of, a stationary soufce_ which mg--Milligrams. tion,.must also be-submltted to the ap propriate State Agency of. any State to 'which this authority has been delegated ! (provided,,.that each specific delegation Increases'the amount'of any hazardous N--Normal. may exempt Sources from a certain, fed air pollutant emitted by such source or *R--Degree Rankine. eral or Stat reporting requirement). The which results in. the emission of any min--Minute appropriate - mailing address, for those 2-4-77 Copyright 1977 by The Bureou of National Affairs, Inc. tSec. 61.04(b) J 23 CAPCO JEN 0002046 121:0462 FEDERAL REGULATIONS States whosedelegation requesthas.been approved is as follows: (A) [reserved] (B> 8tato et Alabama, Air PoUutloa 0 tret StrWoo. Air PotlBUoa gonad OixngU-- loo. ets 3. McDonough Btrert, Montgomery. AtstMB*39x0a [41 FR 40467, September 20, 1976] (O [reserved] D--Arizona Pima County Air PoUutloxi Oontzot Dis trict, 131 West Congress Street, Tucson AX 85701. [41 FR 53017, December .3, 1976] (E) [reserved] r fiiifnp^ Bat Arm Air MtotSon Control DUtrtct, 939 BUI* StTMt, 84a rraaclaca, CA M1W. Del Narto County Air Pollution. Control District, Cdurtbouse. CresoentClty, CA 99551. Fresno County Air Pollution Control DU* trlct, 91ft 3. Cednr Avenue, Fresno, CA 93703. Humboldt County Air. Pollution - Control DlsSlct. 6600 S. Brosdway, Eurtk*, CA 99501.' gem County Air Pollution Control Dis trict. 1700 Plover Street (P.O. Box 997) BskersSeld. CA 93903. - Mddem County Air Pollution Control. DU* feint, 138 W. Tosemite Avenue. SIsders, CA 3837:....... Mendocino County-Air Pollution Cbn&ol District, County Courthouse, UkUh. CA 99462.;. . Monterey Bsy T7allied Air Pollution Con* trot District, 430 Church Street (F.O. Box 467), Selins*. CA 93902. .Northern Sonoma County Air Pollution Control District; 3313*Chan*U Boad. Santa finea.CA99404. Sacmarato- County Air Pollution Control District, 3701 Branch Center Road* Sacra- mentOr CA 96837. San 'Dlepo County Air Pollution Control District. 9190 Chesapeake Drive, San Diego, CA 92123. San. Joaouln County Air Pollution Control District. 1901 E. Haaetton Street (P.O. Box. 2009). Stockton. CA 96201. Santa Barbara Air Pollution Control DU* trlct. 4440 CaUe Beal, Santo Barbara,' CA 93110. Stanislaus Countr Air Pollution Control district. 630 Scenic Drive. Modevto. CA 99390. Trinity County Air Pollution Control Dis trict. Box AJ. Weavenrttte. CA JP0993. * Ventnrs County Air Pollution Control Dis trict. 629 E. Santo Clara Street, Ventura, CA, 93001. (41 FR 27967, July 8, 1976; 41 FR 32264, August 9, 1976; 41 FR 40108, September 17, 1976; 41 FR 54758, December 15, 1976J (G)-^SCiSfe'of C&cradOt Colorado Air 'FoHzrEEa$ Control Division. 4210 East llt2i\$.veniie. penver, '^Colorado 80220. 140 FR 50719, October 31, 19751 (H) Sute of Connecticut,: Departments cf Environmental Protection, State Offce Building, Hartford, Connecticut 06115 (41 FR11820, March 22,1976'. - (IHK). (reserved) (L) 6tote of Georgia. Environmental Pro tection Division. Department*! Natnral Be* sources. 270 Washington Street, S.W., At* IsnU.Geotgla 30334. cv [41 FR 24885, June 21, 1976] (MHO) [reserved] (P) sStoto, n,Indiana. Indiana. Air Pollu tion GpnttolV^oartL 1330 West Sacbtgan Street; l33dlsu|p^Qa,Tadlana 46206. [41 FR 43148, September 30, 1976] (QKD [reserved] (V) Stste ot Mama. Department of Tmi- (AAA), (BBB)^(reserved] Toomentat Protection, K^lOZ 04330. Bouse. Augusta, [40 FR 59729, December 30,1975] (V) [reserved] <W) Massachusetts Department of Environmental Quality Engineering. Division of Air Quality Control, 600 (CCC)--UB. Virgin Islands: UJS. Vir gin-Islands'Department of Conservation and Cultural Affairs, P.O. Box 578, Char lotte Amalie, St. Thoiqas, U.S. Virgin Islands 00801. [41 FR 34629, August 16. 1976] Washington Street, Boston, Matrachusdtts 02111. [41 FR 19633 May 13. 1976j . (X) StaS, at Michigan. Air PoOotloe Con trol DirtsIan. Michigan Detriment of Natusal Resources. Stsvsns T. Mason Building. (DDD) [reserved], [39 FR 37987, October 2J. 1974; 40 FR 18169, April 25, 1975; 40 FR 42195, September 11, 1975] 61.05 Prohibited activities. 8th Floor, ranting, Michigan 4S820. (a) After the 'effective date of any [41 FR 1914, January 13,19761 (Y)-(DD) [reserved] standard prescribed under this part, no owner or operator shall construct or mod ify any stationary source subject to such (EE) New Hampshire Air. Pollution Control Agency. Department of Health and Welfare. Stale Laboratory Building, Hazen Drive, Concord. Near Hampshire 03301. .. ... n [41 FRJ9633, May 13,1976i standard without first obtaining written approval of the Administrator In accord ance with this subpart,- except under an exemption granted by the President inder section 112(e) (2) of the act. Sources.-tfae-construction or modification (FF).(GG) [reserved] cr which commenced after the pubtlca- (EH)--4tw Tor*: rr.w Tor* Seats Depart ment of Bavlionmantal Conservation, so Wolf Road. Albany, New Yortu 13333. attention': Smaton of Atr'&aionmta. . . . [40 FR 48347, October 15, 19751 ii->u date of the standards proposed to be applicable to such source, are subject to this prohibition. (b) After the effective date, of any standard prescribed under this part, no (XX) North Ctrollnx Environmental Man owner or operator shall operate any new agenent Commission. Department of Natural source in violation of such standard ex and Economic Resources, Division of Envi ronmental Management. P.O. Box 27637. Ra leigh. North Carolina 27611. Attention: Air Quality Section. . . [41 FR 56805. December 30, 1976]. cept under an exemption granted by the President under section 112(c) (2) of the act. (c) Ninety days after the effective date of any standard prescribed under this ' (JJ)--etsts Of Hortn Dakota. Stale De part, no owner or operator shall operate partmental Ilealth. stats Capitol, Bismarck, any existing stationary source in viola kortmSwVlr. tion of such'standard, except under a [41 FR 44859. October 13, 1976] waiver granted by the Administrator in (KK).(LL) [reserved] <MM)--State of Oregon, Department of Environmental Quality, 1234 SW Mor rison Street, Portland. Oregon 97205. accordance with this subpart or under an exemption granted by the President under section 112(c) (2) of the act. (d) No owner or operator subject to the provisions of this part shall fall to [41 FR 7750, February 20, 1976] report, revise .reports, or report source (NNMUU) [reserved] . test results as required under this part. <VV) commonwealth of Virginia, Vir 61.06 Determination of construction ginia-State Air Pollution Control Board, or modification. Hoorn 1108.. Ninth Street Office Build ing; Richmond, Virginia 23219. 1 [41 FR-8346, February 26, 19761 Upon written application by an owner or operator, the Administrator will make a determination of whether actions taken rwW) (i>-Washington; State of Wash ington, Department of Ecology, Olym pia, Washington 98504. (II) Northwest Air Pollution Author ity. 207 Pioneer Building. Second andPine Streets, Mount Verson. Washing ton 98273. (III) Puget Sound Air Pollution Con or Intended to be taken by such owner or operator constitute construction .or modification or the commencement thereof within She meaning of this part. The Administrator will within 30 days of receipt of sufficient Information to evaluate an application, notify the owner or operator of his determination. trol- Agency, 410 West Harrison Street, Seattle. Washington 98119. (lv) Spokane County Air Pollution E 61.07 Application for approval construction or modification. of Control Authority. North 811 Jefferson, (a) The owner or operator of any new Spokane. Washington 99201. ' source to which a standard prescribed (v) Yakima County Clean Air Author-, Under this part is applicable, shall. prior lty. County Courthouse, Yakima, Wash to the date on which construction or ington 98901. modification Is planned to commence, or [40 FR 58640, December 18, 19751 within 30 days after the effective date *\vl) .Olympic Air Pollution Control Au in the case of a new source that already thority. 120 East SUto Avenue, Olympia, has' commenced construction or modifi Washington 98901, (rll) Southwest Air Pollution Coutrol Au thority. Suite 7601 H. NE Hazel Dell Avenue. Vancouver. Washington 98669. [41 FR 4264, January 29. 19761 cation and has not begun operation, sub mit to the Administrator an application for approval of such construction or modification. A separate application shall be submitted for each stationary source. (XX)-(ZZ) Ireserved | (b) Each application, shall include; Environment Reporter (Sec. 61.07(b)] 24 CAPCO JEN 0002047 HAZARDOUS EMISSIONS S-3J4 121:0462A (1) The name and address ol tl)e ap plicant. (2) The location or proposed'location of the source. (3) Technical information describing the proposed nature, size, design, operat ing design capacity, and method of.oper ation of the source. Including a descrip tion of any equipment to be used for control of emissions. Such technical in formation shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of such calculations. s 61.08 Approval by Administrator. (a) The Administrator will, within 60 days of receipt of sufficient information to evaluate an application under i 61,07. notify the owner or operator of approval or Intention ^to deny .approval of con struction or modification. Cb> if the Administrator determines chat a stationary source for which an application pursuant to $ 61.07 was sub mitted will, if properly operated, - not cause emissions in violation of a stand ard. he will approve the construction or modification of such source. (c) Prior to denying any application, for approval of construction or modifica tion pursuant to this section, the Admin istrator will notify the owner or operator mating such application of the Admin- istrator's intention to issue such denial, together with: (1) Notice o: the information and findings on which such intended denial is based, and (2) Notice of opportunity for such owner or operator to present, within such time limit as the Administrator *ha:i specify, additional information or argu ments to the Administrator prior to final action on such application. (d) A final determination to deny any application for approval will be in writ ing and will set forth the specific grounds on which such denial is based. Such final determination will be made within 60 days of presentation of additional infor mation or arguments, or 60 days after the final date specified for presentation, if no presentation is made.- (e) Neither the submission of an ap plication for approval nor the Admin istrator's granting of approval to con struct or modify shall: (17 Believe an owner or operator of legal responsibility for compliance, with any applicable provision of this part or of any other applicable Federal, State, or local requirement, or (2) Prevent the Administrator from Implementing or enforcing this part or fairing any other action under ;the act. 61.09 Notification of startup. (a) Any owner or operator of a source which has an initial startup after the effective date of a standard prescribed under this part shall furnish the Admin istrator written notification as follows: (1) A notification of the anticipated date of initial startup of the source not more than 60 days nor less than 30 days prior to such date. (2) A notification of the actual date of Initial startup of the source within IS days after such date. 61.10 Source reporting and waiver n> quest. (a> The owner or operator of any existing source, or any new source to which a-standard prescribed under this part is applicable which had an initial startup which preceded the effective date of a standard prescribed under this part shall, within SO days after Che effective ' date, provide the following information in writing to the Administrator: (1) Name and address of the owner or operator. (2) The location of the source. (3) The type of hazardous pollutants emitted by the stationary source. (4) A brief description of the nature, size, design, and method of operation oi the stationary source Including the op erating design capacity of such source. Identify each point ol emission for each hazardous pollutant. (5) The average weight per month of the hazardous materials Deing processed by the source, over the last 12 months preceding the date of the report.. (6t A description of the existing con trol equipment for each emission point. 2-4*77 Copyright C 1977 by The Bureou of Notional Affairs, Inc. [Sec. 61.10UK61] 25 CAPCO JEN 0002048 HAZARDOUS EMISSIONS S-322 121:0463 (I) Pnmary control device(s) tor each hazardous pollutant. (II) Secondary control devlce(s) lor each hazardous pollutant. (ill) Estimated control efficiency (per cent) for each control device. (7) A statement by the owner or oper ator of the source as to whether he can comply with the standards prescribed In this part within 90 days of the effective date... (b) The owner or operator of an exist ing source unable to operate In compli ance with any standard prescribed under this part may request a waiver of com pliance with such standard for a period not exceeding 2 years from the effective' date. Any request shall be In writing and shall Include the following Information: (1) A description of the controls to be installed to comply with the standard. (2) A compliance schedule, including the date each step toward compliance will be reached. Such list shall include as a minimum the following dates: (1) Date by which contracts for emis sion control systems or process modifica tions will be awarded, or date by which orders will be issued for the purchase of component parts to accomplish emis sion control or process modification; (li) Date of Initiation of onsite con struction or Installation of emission con trol equipment or process change; (iii) Date by which onsite construc tion or installation of emission control equipment or process modification Is to be completed; and (iv) Date by which final compliance Is to be achieved. (3) A description of Interim emission control steps which will be taken during the waiver period. (c) Changes in the Information pro vided under paragraph (a) of this section shall be provided to the Administrator within 30 days after such change, except that if changes will result from modifica tion of the source, as defined In i 61.02 (J), the provisions of S 61.07 and 5 61.08 are applicable. (d) The format for reporting under this section is Included as appendix A of this part. Advice on reporting the status of compliance may be obtained from the Administrator. 61.11 Waiver of compliance. (a) Based on the Information provided In any request under { 61.10, or other In formation, the Administrator may grant a waiver of compliance with a standard for a period not exceeding 2 years from the effective date of such standard. (b) Such waiver will be In writing and will: (1) Identify the stationary source covered. (2) Specify the termination date of the waiver. The waiver may be termi nated at an earlier date if the conditions specified under paragraph (b) (3) of this section are not met. (3) Specify dates by which steps to ward compliance are to be taken; and Impose such additional conditions as the Administrator determines to be neces sary to assure Installation of the neces sary controls within the waiver period, waiver. Such cancellation will be made only after notice Is given to the owner or operator of the source. 61.14 Source lest and analytical meth ods. and to assure protection of the health of persons during the waiver period. (c) Prior to denying any request for a waiver pursuant to this section, the Administrator will notify the owner or operator making such request of the Ad ministrator's Intention to Issue such denial, together with: (1) Notice of the Information and findings on which, such intended denial Is based, and (2) Notice of opportunity for such owner or operator to present, within such time limit as the Administrator specifies, additional Information or argu ments to the Administrator prior to final action on such request. (d) A final determination to deny any request for a waiver will be In writing and will set forth the specific grounds on which such denial is based. Such final determination will be made within 60 days after presentation of additional In formation or arguments, or 60 days after the final date specified for such presen tation. If no presentation Is made. (e) The granting .of a waiver unde? this section shall not abrogate the Ad ministrator's authority under section 114 of the act. (a) Methods 101, 102, and 104 In ap pendix B to this part shall be used for all source tests required under this part, unless an equivalent method or an al ternative method has been approved by the Administrator. (b) Method 103 In appendix B to this part Is hereby approved by the Admin istrator as an alternative method for sources subject to { 61.32(a) and-! 61.vz (b). (c) The Administrator may, after no tice to the owner or operator, withdraw approval of an alternative method granted under paragraphs (a), (b> or (d) of this section. Where the test results using an alternative method do not ade quately Indicate whether a source is In compliance with a standard, the Ad ministrator may require the use of the reference method or its equivalent. (d> Method 105 In Appendix B to this part Is hereby approved by the Adminis trator as an alternative method lor sources subjetri to { 61.52(b). [40 FR 48292, October 14, 19751 '61.|ja Availability of infon&ajiob-. ' 61.12 Emission tests and monitoring. (a) Emission tests and monitoring shall be conducted and reported as set forth in this part and appendix B to this part. (b) The owner or operator of a new source subject to this part, and at the request of the Administrator, the owner or operator of an existing source sub ject to this part, shall provide or cause to be provided, emission testing facili ties as follows: (1) Sampling ports adequate for test methods applicable to such source. (2) Safe sampling platfonn(s). (3) Safe access to sampling plat form (s). (4) Utilities for sampling and testing equipment. Wfatf availability to the "public' of in formation' provided to, or otherwise ob tained by, the Administrator"under-this part shall be governed by Part 2 of this chapter. [41 FR 36918, September 1, 1976] 61,16. Stale authority, (a) The provisions of this part shall not be construed In any manner to pre clude any State or political subdivision thereof from: (1) Adopting and enforcing any emis sion limiting regulation applicable to a stationary source, provided that such emission limiting regulation Is not less stringent than the standards prescribed 61.13 Waiver of emission tests. under this part. (a) Emission tests may be waived upon written application to the Admin istrator If, In his judgment, the source Is meeting the standard, or if the source Is operating under a waiver of compliance or has requested a waiver of compliance. (b) If application for waiver of the emission test Is made, such application shall accompany the Information re quired by 1 61.10. The appropriate form Is contained In appendix A to this part. (c) Approval of any waiver granted pursuant to this section shall not abro gate the Administrator's authority under the act or In any way prohibit the Ad ministrator from later canceling such (2) Requiring the owner or operator of a stationary source, other than a sta tionary source owned or operated by the United States, to obtain permits, licenses, or approvals prior to Initiating construc tion, modification, or operation of such source. 61.17 Circumvention. No owner or operator subject to the provisions of this part shall build, erect. Install, or use any article, machine, equipment, process, or method, the use of which conceals an emission which would 10-22-76 Copyri gM Z 1976 by Tbe Bureou cl Notional Affoi . Inc. [See. 61.17) CAPCO JEN 0002049 121:0464 FEDERAL REGULATIONS. otherwise constitute & violation of an tural members are wrecked or taken out The deposition of asbestos tailings or as applicable standard. Such concealment are excluded. bestos-containing waste' on roadways Includes, but Is not limited to, tbe use of <n) "Planned renovation" means a covered with-snow or ice Is considered gaseous dilutants to achieve compliance renovation operation, or a number of "surfacing." with a visible emissions standard, and such operations, in which the amount (c) Manufacturing: There shall be no the piecemeal carrying out of an opera of friable asbestos material that will be visible emissions to the outside air, ex tion to avoid coverage by a standard that removed or stripped within a given pe cept as provided in paragraph (f) of this applies only to operations larger than a riod of time can be predicted. Operations section, from any of the following op specified size. that are individually non-scheduled are erations if they Use commercial asbestos [40 FR 48292, October 14, 1975) Subpart B--National Emission Standard for Asbestos 61.20 Applicability. The provisions of this subpart are ap plicable to those sources specified in i 61512. included, provided a number of such op or' from any building or structure In erations can be predicted to occur during which such operations are conducted. a given period of time based on operating [40 FR 48292. October 14, 1975J experience. (o) "Emergency renovation" means a (1) The manufacture of cloth, cord, renovation operation that results from a wicks, tubing, tape, twine, rope, thread, sudden, unexpected event, and is not a yam, roving, lap, or other textile ma planned renovation. Operations necessi terials. tated by non-routine failures of equip ment are Included. (2) The manufacture of cement prod ucts. 61.21 Definition*. (p) "Adequately wetted" means suf (3) The manufacture of fireproofing Terms used in this subpart are defined In the act. In subpart A of this part, or in thu section as follows: (a) "Asbestos" means actinollte, amo- site, anthophylllte, chiysotlle, crocidollte, tremollte. - tot "Asbestos material" means as bestos or any material containing as bestos. (c) "Particulate asbestos material" means finely divided particles of asbestos ficiently mixed or coated with water or and insulating materials. an aqueous solution to prevent dust (4) The manufacture of friction emissions. products. (q) "Removing" means taking out fri (5) The manufacture of paper, mill able asbestos materials used to Insulate board, and felt. or fireproof any pipe, duct, boiler, tank, (6) The manufacture of floor tile. reactor, turbine, furnace, or structural (7) The manufacture of paints, coat member from any building, structure, ings, caulks, adhesives, sealants. facility, or Installation. (8) The manufacture of plastics and' (r) "Stripping" means taking off fri rubber materials. able asbestos materials used for insula (9) The manufacture of chlorine. material. tion or fireproofing from any pipe, duct, (10) The manufacture of shotgun <d) "Asbestos tailings" means any boiler, tank, reactor, turbine, furnace, shells. solid waste product of asbestos mining or or structural member. (11) The manufacture of asphalt con milling operations which contains as (s) "Fabricating". means any process crete. bestos. ing of a manufactured product contain (d> Demolition and renovation: The <e> "Outside air" means the air out ing commercial asbestos, with the ex requirements of this paragraph shall side buildings and structures. ception of processing at temporary sites apply to any owner or operator of a (f) "Visible emissions" means any for the construction or restoration of demolition or renovation operation who emissions which are visually detectable buildings, structures, facilities or Instal Intends to demolish any. Institutional, without the aid of Instruments and which lations. commercial, or Industrial building (in contain particulate asbestos material. (t) "Inactive waste disposal site" cluding apartment buildings having more (g) "Asbestos mill" means any facility engaged. In the conversion or any Inter mediate step In the conversion of asbestos ore Into commercial asbestos. Outside storage of asbestos materials is not con sidered a part of such facility. (h) "Commercial asbestos" means any variety of asbestos which Is produced by extracting asbestos from asbestos ore. <I) "Manufacturing" means the com bining of commercial asbestos, or in the case of woven friction products the com bining of textiles containing commercial asbestos, with any other material(s), In cluding commercial asbestos, and the processing of this combination Into a product as soecifled In l 6122(c) - (J) "Demolition" means the wrecking or taking out of any load-supporting structural member and any related re moving or stripping of friable asbestos materials. (k) "Friable asbestos material" means any material that contains more than 1 percent asbestos by weight and that can be crumbled, pulverized, or reduced to powder, when dry, by hand pressure. (l) "Control device asbestos waste" means any asbestos-containing waste material that Is collected in a pollution control device. (m) "Renovation" means the remov ing or stripping of friable asbestos mate., rial used to Insulate or fireproof any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member. Opera means any disposal site or portion thereof where additional asbestos-con taining waste material will not be depos ited and where the surface Is not dis turbed by vehicular traffic. (u) "Active waste disposal site" means any disposal site other than an Inactive site. (v) "Roadways" means surfaces on which motor vehicles travel including, but not limited to. highways, roads, streets, parking areas, and driveways.- (w) "Asbestos-containing waste mate rial" means any waste which contains commercial asbestos and Is generated by a source subject to the provisions of this subpart, Including asbestos mill tailings, control device asbestos waste, friable as bestos waste material, and bags or con tainers that previously contained com mercial asbestos. [40 FR 48292, October 14, 197SJ 6122 Emission standard. (a) Asbestos mills: There shall be no visible emissions to the outside air lrom any asbestos mill except as provided in paragraph (f) of this section. [39 FR 15936, My 3, 1974) (b) Roadways: The surfacing of road ways with asbestos tailings or with as bestos-containing waste that is generated by any source subject to paragraphs (c), (d), (e) or (h), of this section is prohibited, except for temporary road than four dwelling units), structure, facility, Installation, or portion thereof which contains any pipe, duct, boiler, tank, reactor, turbine, furnace, or struc tural member that is insulated or fire proofed with friable asbestos material, except as provided In paragraph (d) (1) of this section; or who Intends to reno vate any Institutional, commercial, or In dustrial building, structure, facility, in stallation, or portion thereof where more than 80 meters (ca. 260 feet) of pipe In sulated or fireproofed with friable as bestos material are stripped or removed, or more than 15 square meters (ca. 160 square, feet) of triable asbestos material used to insulate or fireproof any duct, boiler, tank, reactor, turbine, furnace, or structural member are stripped or re moved. (1X1) The owner or operator of a demolition operation Is exempted from the requirements of this paragraph pro vided, (1) the amount of friable asbestos material In the building or portion thereof to be demolished is less than 80 meters (ca. 260 feet) used to Insulate pipes, and less than 15 square meters (ca. 160 square feet) used to Insulate or fire proof any duct, boiler, tank, reactor, tur bine, furnace, or structural member, and (2) the notification requirements of par agraph (d)(1) (11) are met (11) Written notification shall be post marked or delivered to the Administrator at least 20 days prior to commencement of demolition and shall Include the In tions in which load-supporting struc ways on an area of asbestos ore deposits. formation required by paragraph (d) (2) Environment Reporter I - [See. 61.22(d)(11(iill 6 CAPCO JEN 0002050 HAZARDOUS EMISSIONS 121:0465 of this section, with the exception of the Information required by paragraphs <d) (2) (ill), (vi). (vii), (viti),and (lx), and shall state the measured or estimated amount of friable asbestos material used for insulation and fireproofing which is present. Techniques of estimation shall be explained. (2) Written notice of Intention to de molish or renovate shall be provided to the Administrator by the owner or opera tor of the demolition or renovation oper ation. Such notice shall be postmarked or delivered to the Administrator at least 10 days prior to commencement of demo lition. or as early as possible prior to commencement of emergency demolition subject to paragraph (d) (6) of this sec tion. and as early as possible prior to commencement of renovation. Such no tice shall Include the following Informa tion: (I) Name of owner or operator. (II) Address of owner or operator. (III) Description of the building, struc ture, facility, or installation to be de molished or renovated. Including the size, age, and prior use of the structure, and the approximate amount of friable asbestos material used for insulation and fireproofing. (lv) Address or location of the build ing, structure, facility, or installation. (v) Scheduled starting and comple tion dates of demolition or renovation. (vi) Nature of planned demolition or renovation and method(s) to be em ployed. (vi!) Procedures to be employed to meet the requirements of this paragraph and paragraph (J) of this section. (viii) The name and address or loca tion of the waste disposal site where the friable asbestos waste will be deposited. (lx) Name, title, and authority of the State or local governmental representa tive who has ordered a demolition which is subject to paragraph (d)(6) of this section. (3) (i) For purposes of determining whether a planned renovating operation constitutes a renovation within the meaning of this paragraph, the amount of friable asbestos material to be re moved or stripped shall be: (A) For planned renovating opera tions Involving individually non-scheduled operations, the additive amount of friable asbestos material that can be pre dicted will be removed or stripped at a source over the maximum period of time for which a prediction can be made. The period shall be not less than 30 days and not longer than one year. (B) For each planned renovating op eration not covered by paragraph (d) (3) (i)(A), the total amount of friable as bestos material that can be predicted will be removed or stripped at a source. (li) For purposes of- determining whether an emergency renovating op eration constitutes a renovation within the meaning of this paragraph, the amount of friable asbestos material to be removed or stripped shall be the total amount of friable asbestos material that will be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation. (4) The following procedures shall be used to prevent emissions of particulate asbestos material to outside air: (i) Friable asbestos materials, used to insulate or fireproof any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member, shall be removed from any building, structure, facility or Installation subject to this paragraph. Such removal shall occur before wreck ing or dismantling of any portion of such building, structure, facility, or in stallation that would break up the fri able asbestos materials and before wrecking or dismantling of any other portion of such building, structure, facility, or Installation that would pre clude access to such materials for sub sequent removal. Removal of friable asbestos materials used for insulation or fireproofing of any pipe, duct, or structural member which are encased in concrete or other similar structural ma terial Is not required prior to demoli tion, but such material shall be ade quately wetted whenever exposed dur ing demolition. (ID Friable asbestos materials used to insulate or fireproof pipes, ducts, boilers, tanks, reactors, turbines, fur naces. or structural members shall be adequately wetted during stripping, ex cept as provided in paragraphs (d) (4) (lv), (d) (4) (vi) or (d)(4) (vii) of this section. (Ill) Pipes, ducts, boilers, tanks, re actors, turbines, furnaces, or structural members that are Insulated or fire proofed with friable asbestos materials may be taken out of any building, struc ture, facility, or installation subject to this paragraph as units or In sections provided the friable asbestos materials exposed during cutting or disjointing are adequately wetted during the cutting or - disjointing operation. Such units shall not be dropped or thrown to the ground, but shall be carefully lowered to ground level. (iv) The stripping of friable asbestos materials used to Insulate or fireproof any pipe, duct, boiler, tank, reactor,.turbine. furnace, or structural member that has been removed as a uidt or In sections as provided In paragraph (d) (4) (ill) of this section shall be performed In ac cordance with paragraph (d) (4) (11) of this section. Rather than comply with the wetting requirement, a local exhaust ventilation and collection system may be used to prevent emissions to the out side air. Such local exhaust ventilation systems shall be designed and operated to capture the asbestos particulate mat ter produced by the stripping of friable asbestos material. There shall be no visible emissions to the outside air from such local exhaust ventilation and col lection systems except as provided in paragraph (f) of this section. (v) All friable asbestos materials that have been removed or stripped shall be adequately wetted to ensure that such materials remain wet during all remain ing stages of demolition or renovation and related handling operations. Such materials shall not be dropped or thrown to the ground or a lower floor. Such ma terials that have been removed or stripped more than 0 feet above ground level, except those materials re moved as units or In sections, shall be transported to the ground via dust-tight chutes or containers. (vi) Except as specified below, the wet ting requirements of this paragraph are suspended when the temperature at the point of wetting is below 0*C (32`F). When friable asbestos materials are not wetted due to freezing temperatures, such materials on pipes, ducts, boilers, tanks, reactors, turbines, furnaces, or structural members shall, to the maximum extent possible, be removed as units, or In sec tions prior to wrecking. In no case shall the requirements of paragraphs (d) (4) fiv) or (d> (4) (v) be suspended due to freezing temperatures. (vii) For renovation operations, local exhaust ventilation and collection sys tems may be used. Instead of wetting as specified In paragraph (d> (4) (li), to pre vent emissions of particulate asbestos material to outside air when damage to equipment resulting from the wetting would be unavoidable. Upon request and supply of adequate Information, the Ad ministrator will determine whether dam age to equipment resulting from wetting to comply with the provisions of this par agraph would be unavoidable. Such local exhaust ventilation systems shall be de signed and operated to capture the asbes tos particulate matter produced by the stripping and removal of friable asbestos material. There shall be no visible emis sions to the outside air from such local exhaust ventilation and collection sys tems, except as provided in paragraph (f) of this section. (5) Sources subject to this paragraph are exempt from the requirements of 55 61.05(a), 61.07,and61.09. (6) The demolition of a building, struc ture, facility, or Installation, pursuant to an order of an authorized representative of a State or local governmental agency, issued because that building is structur ally unsound and in danger of imminent collapse is exempt from all but the fol lowing requirements of paragraph (d) of this section: (1) The notification requirements spec ified by paragraph (d) (2) of this section; (li) The requirements on stripping of friable asbestos materials from previously removed units or sections as specified in paragraph (d) (4) (iv) of this section; (111) The wetting, as specified by para graph (d)(4)(v) of this section, of fri able asbestos materials that have been removed or stripped; (lv) The portion of the structure being demolished that contains friable asbes tos materials shall be adequately wetted during the wrecking operation. [39 PR 15936, May 3, 1974; 40 PR 48292, October 14. 19751 (e> Spraying: There shall be no visible emissions to the outside air from the spray-on application of ma terials con taining more than 1 percent asbestos, on a dry weight basis, used to Insulate or fireproof equipment and machinery, ex cept as provided in paragraph (f) of this section. Spray-on materials used to insu late or fireproof buildings, structures, pipes, and conduits shall contain less 1-16-76 Copyright C 1976 by The Bureou of Notionol Altai s, Inc. [Sec. 61.22(e)! 85 CAPCO JEN 0002051 121:0466 FEDERAL REGULATIONS than 1 percent asbestos on a dry weight waste material which Is generated by any asbestos-containing waste mate basis, such source. rial which is generated by such source. (1) Sources subject to this paragraph (2) All asbestos-containing waste ma (2) All asbestos-containing waste ma are exempt from the requirements ol terial shall be deposited at waste dis terial shall be deposited at waste J 61.05(a), 5 61.07, and i 61.09. posal sites which are operated In accord disposal sites which are operated In ac (2) Any owner or operator who in ance with the provisions of S 61215. cordance with the provisions of { 6125. tends to spray asbestos materials which contain more than 1 percent asbestos on a dry weight basis to insulate or fireproof equipment -and machinery shall report (3) Rather than meet the requirement of paragraph (J) (1) of this section, an owner or operator may elect to use either of the disposal methods specified (3) Rather than meet the requirement of paragraph (k) (1) of this section, an owner or operator may elect to meet the following requirements in para such Intention to the Administrator at under (j)(3)(l> and (U) of this section, graphs (k)(3> (1) and (ii). or use an least 20 days prior to the commencement or an alternative disposal method which alternative disposal method which has of the spraying operation. Such report shall include the following'Information: [40 FR 48292, October 14, 1975J has received prior approval by the Ad ministrator: (i) Treatment of asbestos-containing waste material with water: received prior approval by the Admin istrator: (1) There shall be no visible emissions to the outside air from the transfer of Cl) Name of owner or operator. Cii) Address of owner or operator. (ill) Location of spraying operation. fir) Procedures to be followed to meet the requirements of this paragraph. (f> Rather than meet the no-visibleemlssion requirements as specified by (A) Control device asbestos waste shall be thoroughly mixed with water Into a slurry and other asbestos-containing waste material shall be adequately wetted. There shall be no visible emis sions to the outside air from the collec tion, mixing and wetting operations, ex control device asbestos waste to the tailings conveyor, except as provided in paragraph <f> of this section. Such waste shall be subsequently processed either as specified in paragraph (k) (3) (il) of this section or as specified In paragraph (j)(3) of this section. paragraphs (a), (c), <d). (e), (h). (j), cept as provided in paragraph (f) of this (ii) All asbestos-containing waste and (1c) of this section, an owner or op section. material shall be adequately mixed, with erator. may elect to use the methods spec ified by i 61.23 to clean emissions con taining particulate asbestos material be fore such emissions escape to, or are vented to. the outside air. (g> Where the presence oflmcomblned water is the sole reason for failure to meet the no-visible-emission require ment of paragraphs (a), (c), (d), (e>, (h), (j), or (k) ol this section, such fail ure shall not be a violation of such emis sion requirements. . . (h) Fabricating: There shall be no visible emissions to the outside air, ex cept as provided in paragraph U) ol this section, from any of the following op erations if they use commercial asbestos or from any building or structure in which such operations are conducted. (1) The fabrication of cement building products. (2) The fabrication of friction prod ucts, except those operations that pri marily install asbestos friction materials on motor vehicles. (3> The fabrication ol cement or sili cate board for ventilation hoods; ovens; electrical panels; laboratory furniture; bulkheads, partitions and ceilings for marine construction; and Sow control (B> After wetting, all asbestos-con taining waste material shall be sealed Into leak-tight containers while wet, and such containers shall be deposited at waste disposal sites which are operated in accordance with the provisions of S 61.25. CC) The containers specified under paragraph (1) (3) (1) (B) of this section shall be labeled with a warning label that states: Caotiom Contains Asbestos Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to tTour Health Alternatively, warning labels specified by Occupational Safety and Health Standards of the Department of Labor, Occupational Safety and Health Admin istration (OSHA) under 29 CFR 1910.93a(g) (2) (11) may be used. (11) Processing of asbestos-containing waste material into non-friable forms: (A) All asbestos-containing waste material shall be formed into non-friable pellets or other shapes and deposited at waste disposal sites which are operated a wetting agent recommended by the manufacturer of the agent to effectively wet dust and tailings, prior to deposition at a waste disposal site. Such agent shall be used as recommended for the partic ular dust by the manufacturer of the agent There shall be no discharge of visible emissions to the outside air from &e wetting operation except as specified In paragraph (f) of this section. Wetting may be suspended when the ambient temperature at the waste disposal site is less than --95*C (ca. 15'F). The ambient air temperature shall be determined by an appropriate measurement method with an accuracy of ml'C (2`P) and recorded at least at hourly intervals dur ing the period that the operation of the wetting system Is suspended. Records of such temperature measurements shall be retained at the source for a minimum of two years and made available for inspec tion by the Administrator. (1) The owner of any inactive waste disposal site, which was operated by sources covered under J 6122 (a), (c) or (b) and where asbestos-containing waste material produced by such sources was deposited, shall meet the following standards: devices for the molten metal Industry. (1) Insulating: Molded Insulating ma terials which are friable and wet-applied insulating materials which are friable after drying, installed after the effective date of these regulations, shall contain in accordance with the 'provisions ol J 6125. (3) *There shall be no visible emis sions to tbe outside air from the collec tion and processing of asbestoscontaining waste material, except as (1) There shall be no visible emissions to the outside air from an Inactive waste disposal site subject to this paragraph, except as provided in paragraph (1) (5) of this section. no commercial asbestos. The provisions specified in paragraph (f) of this section. (2) Wamin v: signs shall be displayed of this paragraph do not apply to insu (4) For the purposes of this para at all entrances, and along tbe property lating materials which are spray applied; graph (j), the term all asbestos-con line of the site or along the perimeter of such materials are regulated under taining waste material as applied to the sections of the site where asbestos- } 61.22(e). demolition and renovation operations containing waste material was deposited, (j) Waste disposal for manufacturing, covered by paragraph (d) of this sec at Intervals of 100 m (ca. 330 ft) or less, fabricating, demolition, renovation and tion includes only friable asbestos waste except as specified In paragraph (1) (4) spraying operations: The owner or op and control device asbestos waste. of this section. Signs shall be posted in erator of any source covered under the (k) Waste disposal for asbestos mills: such a manner and location that a person provisions of paragraphs (c>, (d), (e), The owner or operator of any source may easily read the legend. The warning or (h) of this section shall meet the fol covered under the provisions of para signs required by this paragraph shall lowing standards: graph (a) ol this section shall meet the conform to the requirements of 20" x 14" (1) There shall be no visible emissions following standard: upright format signs specified in 29 CFR to the outside air, except as provided in (l) There shall be no- visible emis 1910.145(d)(4) and this paragraph. The paragraph (J)(3) of this section, dur sions to the outside air, except as pro signs shall display the following legend ing the collection; processing. Including vided In paragraph (k) (3) of this section, In- the lower panel, with letter sizes and incineration; packaging; transporting; during the collection, processing, pack styles of a visibility at least equal to those or deposition of any asbestos-containing aging, transporting or deposition of specified In this paragraph. Environment Reporter [See. 61.22(11(2)1 86 I CAPCO JEN 0002052 HAZARDOUS EMISSIONS 121:0467 EEGEHD Aseestos Waste Disposal Site Do Not Create Duet Breathing Asbestos is Hazardous to Tour Bealtb Notation 1' ` Sana Serlt, Gothic or Block 14" Sana Serif, Gothic or Block 14 Point Gothic Spacing between lines shall be at least equal to the height of the upper of the two lines, (3) The perimeter of the site shall be fenced In a manner adequate to deter access by the general public, except as specified in paragraph (1X4) of this section. (4) Warning signs and fencing are not required where the requirements of paragraphs (1) (5) (1) or (il) of this sec* tion are met, or where a natural bander adequately deters access by the general public. Upon request and supply of ap* propriate information, the Adminis trator will determine whether a fence or a natural barrier adequately deters ac cess to the general public. (5) Bather than meet the requirement of paragraph (1X1) of this section, an owner may elect to meet the require ments of this paragraph or may use an alternative control method for emissions from inactive waste disposal sites which has received- prior approval by the Administrator. (0 -The . asbestos-containing waste material shall be covered with at least -IS centimeters (ca. 6 Inches) of com pacted non-asbestos-containing mate rial. and a cover of vegetation shall be grown and maintained on the area ade quate to prevent exposure of the asbes tos-containing waste material; or <U) The asbestos-containing waste material shall be covered with at least 60 centimeters (ca. 2 feet) of compacted non-asbestos-containing material and maintained to prevent exposure of the asbestos-containing waste; or (iii) For inactive waste disposal sites lor asbestos tailings, a resinous or petro leum-based dust suppression agent which effectively binds dust and controls wind erosion shall be applied. Such agent shall be used as recommended for the partic ular asbestos tailings by the dust sup pression agent manufacturer. Other equally effective dust suppression agents may be used upon prior approval by the Administrator. For purposes of this para graph, waste crankcase oil Is not con sidered a dust suppression agent. [40 FR 48292. October 14, 1975] 61.23 Air-cleaning. If air-cleaning is elected, as permitted by-55 61.22(f) and 61.22(d) (4)(iv), the requirements of this section must be met. [40 FR 48292, October 14, 197SI (a) Fabric filter collection devices mfist be used, except as noted in para graphs (b) and (c) of this section. Such devices must be operated at a pressure drop of no more than 4 inches water gage, as measured across the filter fabric. The airflow permeability, as determined by ASJM method D737-69, must not exceed shall be reported using the format of 30 ft'/min/ft* for woven fabrics or 35 Appendix A of this part. ftymin/ft' f 'sited fabrics, except that [40 FR 48292, October 14. 1975; 40 ft'/min/lv ror woven and 45 ft*/ min/ft* for felted fabrics is allowed for filtering air from asbestos ore dryers. Bach square yard 6f felted fabric must weigh at least 14 ounces and be at least one-sixteenth inch thick throughout. Synthetic fabrics must' not contain fill yam other than that which Is spun. (b) If the use of fabric filters creates a fire or explosion hazard, the adminis trator may authorize the use of wet col lectors designed to operate with a unit contacting energy of at least 40 Inches water gage pressure. (c> The administrator may authorize the use of filtering equipment other than that described in paragraphs (a) and (b) of this section if the owner or operator demonstrates to the satisfaction of the administrator that the filtering of par ticulate asbestos material is equivalent to that of the described equipment. (d) All air-cleaning equipment au thorized by this section must be properly installed, used, operated, and maintained. Bypass devices may be used only during upset or emergency conditions and then 61.25 Wule disposal sites. Ift order to be an acceptable site for disposal-of asbestos-containing waste material, under 6122 (j) and (k>, an active waste disposal site shall meet the requirements of this section. '-(a) There shall be no visible emissions to the outside air from any active waste disposal site where asbestos-containing waste material has been deposited, except as provided in paragraph (e) of this section. (b) .Warning signs shall be displayed at all entrances, and along the property line of the site or along the perimeter of the sections of the site where asbestoscontaining waste material Is deposited, at Intervals of 100 m (ca. 339 ft) or less except as specified in paragraph (d) of this section. Signs shall be posted in such a manner and location that a person may easily read the legend. The warning signs required by this paragraph shall conform to the requirements of 20" x 14" upright format signs specified in 29 CFR 1910.145(d) (4) and this paragraph. Tire signs shall display the following legend only for so Tong as it takes to shut down In the lower panel, with letter sizes and the operation generating the particulate styles of a visibility at least equal to asbestos material. those specified in this paragraph. 61.2-4 Reporting. usua The owner or operator of any existing source to which this subpart is applicable Aszestos Waste Disposal Srt* Do Not Create Dust shall, within 90 days after the effective Breathing Asbestos date, provide the following information Is Hazardous to Tour Health to the administrator: Notation (a) A description of the emission con trol equipment used for each process; (b> If a fabric filter device is used to control emissions, the pressure drop across the fabric filter in inches water gage. (1) If the fabric filter device utilizes a woven fabric, the airflow permeability in ft'/min/ft': and. if the fabric is syn thetic, indicate whether the fill yam is spun or not spun. (2) If the fabric filter device utilizes a felted fabric, the density in oz/yd*. the minimum thickness in inches, and the airflow permeability la ft'/min/ft*. (c) For sources subject to 55 61-22(j) and 6122 (k)': (DA brief description of each process that generates asbestos-containing wastematerial. 1" Sans Serif, Gothic or Block 44" Sans Serif. Gothic or Block 14 Point Gothic Spacing between lines shall be at least equal to the height of the upper of the two lines. (c) The perimeter of the disposal site shall be fenced in order to adequately deter access to the general public except as specified in paragraph (d) of this section. <d> Warning signs and fencing are not required where the requirements of paragraph (e) (I) of this section are met. or where a natural barrier ade quately deters access to the general public. Upon request and supply of ap propriate information, the Administra tor will determine whether a. fence or-a natural barrier adequately deters access (2) The average weight of asbestos- to the general public. containing waste material disposed of, (e) Rather than meet the require measured in kgyday. ment of paragraph (al of this section, an (3) The emission control methods used in all stages of waste disposal. (4) The type of disposal site or Incin eration site used for ultimate disi-osal, the name of the site operator, and the name and location of the disposal site. (d) For sources subject to 5 6122(1/: owner or operator may elect to meet - the requirements of paragraph (e> (1) or (e) (2) of this section, or may use an al ternative control method lor emissions from active waste disposal sites which has received prior approval by the Administrator. <1> At the end of each operating day, (1) A brief description of the site. or at least once every 24-hour period (2) The method or methods used to comply with the standard, or alternative procedures to be used. while the site Is in continuous operation, the asbestos-containing waste material which was deposited at the site during the operating day or previous 24-hour (ei Such Information shall accom period shall be covered with at least IS pany the Information required by 5 61.10. centimeters (ca. 6 inches) of compacted The information described in this section r.on-asbestos-contalning material. 1-16-76 Copyright t 1976 by The Bureau of Notional Affairs, Inc. [Sec. 61.25(0)11)] 87 CAPCO JEN 0002053 121:0468 FEDERAL REGULATIONS*-. (2) At the end of each operating day, or at least once every 24-hour period while the disposal site is in continuous operation, the asbestos-containing waste material which was deposited at the site during the operating day or previous 24hour period shall be covered with a res inous or petroleum-based dust suppres-. slon agent which effectively binds dust and controls wind erosion. Such agent be used as recommended for the particular dust by the dust suppression agent manufacturer. Other equally ef fective dust suppression agents may be used upon prior approval by the Admin istrator. For purposes of this paragraph, waste crankcase oil is not considered a dust suppression agent. [40 FR 48292, October 14, 19751 \ubpart C--National Emission Standard (or Beryllium 6\.30 Applicability. ! provisions of this subpart arq/applicakle to the following statiq source (a) Extraction plans, ceramic [Slants, foundries, incinerators, and propellant plants which process beryllium or*, beryl lium. beryllium oxide. beryllium alloys, or berylium-contalnlng wasted (b> Machine shops which process heryUiumAberyUium oxides, oj any alloy when sucta alloy contains more than 5 percent beryllium by weigh/ 61.31 Definition*. Terms used in this su/part are de fined In the act, in subpart A of this part, or in this section as follows: (a) "Beryllium" means the element beryllium. Wheae weights or concentra tions are specified, such weights or con centrations apply tcj beryllium only, excluding the weight 6r concentration of any associated elements. (b) "ExtractionWlant" means a fa cility chemically grocessing beryllium ore to beryllium metal, alloy, or oxide, or performing any ef the intermediate steps in these processes. tc) "Beryllium ore\ means any natu rally occurring material mined or gathered for is beryllium cofitent. (d> "Machine shop"Vneans a facility performing cutting, grinding, turning, honing, milting, debuting, lapping, electrochemical machining, etching, or other similar operations. (e> "Ceramic plant" mdans a manu facturing giant producing ceramic Items. (f) "Foundry" means a VacUlty en gaged in the melting or\casting of beryllium metal or alloy. (g) / "Beryllium-containing waste" meanv material contaminated with beryll/um and/or beryllium compounds used f>r generated during any piocess or operation performed by a source\subject to this subpart. (It) "Incinerator" means any fi\pace usfd in the process of burning waste for primary purpose of reducing! the volume of the waste by removing apm- stible matter. 11) "Propellant" means a fuel and < /direr physically or chemically combinV ' which undergoes combustion to provide rocket propulsion. [) "Beryllium alloy" means any metal to which beryllium has been added in order, to increase its beryllium content and which contains more than 0.1 per cent beryllium by weight. (k) `Tropellant plant" means any facility engaged In the mixing, casting, or machinjng of propellant. 61.32 [fission standard. (a) Emissions to the atmosphere from stationary sources subject to the provi sions of this sumoart shall not exceed 10 grams of beryllium over a 24-hour period, except as provided, in paragraph (b) of this section. <b) Rather thanXmeet the require ment of paragraph V) of this section, an owner or operatoAmay request ap proval from the Administrator to meet an ambient concentration limit on beryl lium in the vicinity of Vhe stationary source of 0.01 pg/m\ averaged over a 30-day period. <1> Approval of such requests may be granted by the Administrator provided that: (1) At least 3 years of dataXds avail able which In the Judgment of The Ad ministrator demonstrates that the fu ture ambient concentrations of beryllium in the vicinity of the stationary seurce will not exceed 0.01 pg/m', averaged ^ver a 30-day period. Such 3-year period be the 3 years ending 30 days before effective date of this standard. <ii) The owner or operator request such approval in writing within 30 da; after the effective date of this stand: (iil) The owner or operator submit^ a report to the Administrator within 45 days after the effective date of/this standard which report Includes tt/fe fol lowing information: (a) Description of sampling Aiethod including the method and frequency of calibration. (b) Method of sample anal/sls. <c> Averaging technique tft determin ing 30-day average concentrations. <d) Number, identity, /and location (address, coordinates, or distance and heading from plant) of sampling sites. (e) Ground elevations and height above ground of sampling inlets. (/) .Plant and sampling area plots showing emission points and sampling sites. Topographic /features significantly affecting dispersion including plant building heights/and locations shall be Included. in) Information necessary for esti mating dispersion including stack height, Inside diameter, exit gas temperature, exit velocitwor flow rate, and beryllium concentration. ih) A description of data and proce dures (methods or models) used to de sign thMir sampling network (i.e., num ber andlocation of sampling sites). (i) Air sampling data indicating beryl lium Concentrations In the vicinity of the stationary source for the 3-year period spe/ifled in paragraph (b) (1) of this se/tlon. This data shall be presented chronologically and Include the berylTum concentration and location of each Individual sample taken by the network and the corresponding 30-day average beryllium concentrations. (2) Within 60 days after/receiving such report, the Adminlstratoywill notify the owner or operator in writing whether approval is granted or denied. Prior to denying approval to complyAvith the pro visions of paragraph (b) it this section, the Administrator wily consult with representatives of the stationary source for which the demonstration report was submitted. (c) The burning ql beryllium and/or beryllium-containing waste, except pro pellants, is prohibited except In lndnera-. tors, emissions fro/n which must comply with the standan 61,33 Stack wfinpling. (a> Unless a/waiver of emission testing Is obtained under 1 61.13, each owner or operator renuired to comply with i 6132(a) spall test emissions from his source. (1) Wittfln 90 days of the effective date in the case of an existing source or a new source which has an initial startup date preceding the effective date; or (2) Within 90 days of startup in the case Oi a new source which did not have an initial startup date preceding the ef fective date. >) The Administrator shall be noti fied at least 30 days prior to an emission 1st so that he may at his option observe letest. (c) Samples shall be taken over such a period or periods as are necessary to ac curately determine the maximum emis sions which will occur in any 24-hour teriod. Where emissions depend upon the relative frequency of operation of differ ent types of processes, operating hours, operating capacities, or other factors, the \alculation of maximum 24-hourperloa. emissions will be based on that combination of factors which Is likely to occur during the subject period and which result In the maximum emissions. No changes In the operation shall be made, whiVh would potentially increase emissions aXove that determined by the most recent source test, until a new emis sion level hasneen estimated by calcula tion and the results reported to the Ad ministrator. (d) All sampl&s shall be analyzed and beryllium emissions shall be determined within 30 days`afna-the source test. All determinations shall be reported to the Administrator by a registered letter dis patched before the clove of the next busi ness day following sucHidetermination. (e) Records of emission test results and other data needed to>determine total emissions shall be retained at the source and made available, for Inspection by the Administrator, for a minimum of 2 years. 5 61.34 Air sampling. (a) Stationary sources subject to 5 61.32(b) shall locate air sampling sites In accordance with a plan approved by the Administrator. Such sites shall be located in such a manner as is calculated to detect maximum concentration^. of beryllium in the ambient air. (b) All monitoring sites shall be op erated continuously except for a reasoriv able time allowance for instrument mainA tenance and calibration, for changing' Environment Reporter [Sec. 61.34(b)! CAPCO JEN 0002054 B TOXIC SUBSTANCES CONTROL ACT' Statement of Interpretation and Enforcement Policy; Notification of Substantial Risk CAPCO JEN 0002055 r^mio^7.ri r. . ---------- -- --r - ,'.-'" ` NOTICES," - ' .(* *"'*'**. . *,.a ,V4 .v*^***.*-? ft ;t| e y. V ..-- [r6c5s6f0c-o01-]oiT^' *-si.- ary l; 1977; and October $6. 1977) with -^affirmatively - implements procedures-- selected representatives of Industry..'-^governing -such notlflc&tions.'7These.b-" environmental' protectiona'x ; '.and environmental and' other lnter- '`procedures,- at a-minimum.-musUrtl)'-- 4GENCr-\>--i---v:.';- i ?csted groups. Comments-submitted pursuant to the February 1 meeting Specify the Jnformationthat ^reported: (2) indicate b'ow the must ivei notifies-!^ - . TU.MM)?*' r;v....i - were addressed in the preamble to the --tions.are to be prepared and submitSeptember 6 proposal. Over 100 writ-' ted: (3).note the Federal penalties for toxic sutnANas contxoi act. 'S'--. ten comments have been-submitted 7:.f-fling to report: and -(4) provide-a . NolIRcelion of Subitontial Riik Under pursuant to the September 9 proposal ."mechanism for promptly notifying of.'from trade associations, businesses, en- '' fleers and employees who have submit-' - - '"S.c4ion S(.) t_ - *.. ' 'vironmental groups, labor-unions,. ted Teports of the company's disposi- | AGENCY: Environmental 'Protection .- State and Federal agencies, and other, ' tlori of those reports. Including wheth- Agency. - * j-f-. ."interested . parties. Appendix B de-`- erornot they were submitted to EPA - ACTION: Statement of'interpretatlon and enforcement policy. scribes significant - issues raised-Tin" r-(and-lf not. Informing employees of -A these comments and.the.Agency'ste-*--.their Tight to report to EPA.-as pro-. sponse to them. r. . . tecled by TSCA section 23). EPA be- SUMMARY:. This action states EPA's The major modifications to the Sep ' lleves these- four criteria will ensure Interpretation of.- and enforcement tember 9 proposal are summarized Jn - prompt and appropriate processing of policy concerning, section 8(e) of the points 1 through 7 below. . ..-- - pertinent information. 'Toxic Substances Control Act (TSCA) (1) Pursuant to some Question over Establishment of such procedures <90 Stat. 2029. 15 U.S.C. 2607). The provisions of that section went into effect on January 1. 1977. Section 8(e) states that "any person who manufactures, processes, or dis tributes in commerce a chemical sub stance or mixture and who obtains in formation which reasonably supports the conclusion that such substance or mixture presents a substantial risk of injury to health or the environment shall immediately inform the Adminis trator of such information unless such person has actual knowledge that the Administrator has been adequately in formed of such information." DATES: The policy expressed in this document is in effect as of the date of publication. the definition and nature of "guid notwithstanding, all officials responsi ance," this document is now described ble and having authority for the orga more accurately as a "policy state nization's execution of its section 8(e) ment." It is exempt from the notice obligations retain personal liability for and public comment provisions of the ensuring that substantial-risk Informa- Administrative Procedure Act, as well . tion is reported to EPA. as provisions concerning delayed effec (3) The September 9 proposal staled, tive dates. in Part III. that a person obtains In (2) Many commenters expressed the formation when he is aware that it view that to apply these requirements "may suggest" substantial risk. Nu to officers and employees of a business merous commenters questioned the organization would result in ill-consid Administrator's authority to compel ered. premature reports and would un the reporting of Information which fairly subject employees to conflicting "may suggest" substantial risk. The responsibilities as Individual respon Administrator agrees that section 8(e) dents and as corporate agents. Other addresses information that "reason- commenters expressed support for the ably supports the conclusion" of sub view that certain employees have*S. re stantial risk and has deleted the "may sponsibility to report pertinent infor suggest" provision, but emphasizes mation. and felt that the phrase "ca that "reasonably supports the conclu TOR ' FURTHER INFORMATION CONTACT: Frank D. Kover. Assessment Divi sion. Office of Toxic Substances (WH-557). Environmental Protec tion Agency, 401 M Street SW,, Washington. D.C. 20460. 202-755- . 2110. pable of appreciating pertinent infor mation" appropriately described those employees. The September 9 proposal would have applied section 8(e) requirements to commercial establishments as well as to employees capable of appreciat ing pertinent information, but stipu lated enforcement priorities Intended sion" of substantial risk is not identi cal to a conclusive demonstration of substantial risk. The former typically occurs, and must be reported, at an earlier stage.. Part VI in this policy statement provides Agency interpreta tion of the types of information that "reasonably support" such a conclu sion. \ ecr;v:. CV SUPPLEMENTARY INFORMATION: to encourage corporate processing and (4) Numerous commenters requested On September 9. 1977. the Agency pro centralized reporting of such informa clarification of different aspects of posed guidance (42 FR 45362) on its in tion (42 FR 45363). The intent was to Part V of the September 9 proposal terpretation of and policy concerning ensure that pertinent information ob ("Information Which Reasonably Sup the provisions of section 8(e). Al tained by employees Is promptly and ports a Conclusion of Substantia) though the proposed "guidance" was appropriately considered, while mini Risk"), particularly concerning envi an Interpretive rule and statement of mizing duplicative or ill-considered ronmental effects, and suggested dif policy exempt from the notice and submissions. ferent Interpretations of what consti public comment provisions of .the Ad The Agency now feels that these ob tutes a "substantial risk". The Agency ministrative Procedure.Act (5 U.S.C. jectives would best be served by allow continues to focus in this policy state 553), the Agency solicited comments ing commercial establishments--under ment on the effects set forth in the on several issues to make more in certain conditions designed to ensure September 9 proposal, but clarifies formed decisions. On October 11. the full disclosure--to assume exclusive re that the substantiality of a risk is a comment period was extended from' sponsibility for reporting to EPA any function of both the seriousness of the October 15 to October 31. 1977 (42 FR substantial-risk information obtained effect and the probability of its occur 54857). On November 4, 1977. a supple by Individual officers or employees. rence (see Part V). mental notice to the proposed guid Accordingly, this policy statement (5) . Numerous commenters main ance was published (42 FR 57744), de stipulates that individual officers and tained that section 8(e) only applies leting the November 15"date for re employees will have fully discharged prospectively to information obtained porting certain Information obtained their section 8(e) obligations once they after January 1. 1977. The Agency dis- , before 1977 and stating that a new hav notified the designated responsl- agrees, as explained In the preamble : date would be established in the final bleVompany supervisor or official of to the September 9 proposal. This -' guidance. pertinent information, provided, that policy statement continues to apply . In developing this policy statement, the employing company or firm has section 8(e) to information obtained . two meetings have been held (Fcbru- established, Internally publicizes, and before 1977 .of which a person .has ftOtlAl REGISTER, VOL 43, NO. 53--THUfcSOAY, MARCH 16, WS r CAPCO JEN 0002056 7>een.aware since.January.!.. 1977. Xa cumbent upon business organizations, . into possession or or response to requests for clarification, to establish - procedures, for expedi formation.-^ vttuui.<ut the statement defines what constitutes, such awareness. In-this manner. EPA "nlends to limit the need for searches tiously processing pertinent Informs-, tion in order to comply.. with;. the. . schedule set forth In Part IV.-i--.; Note.--This; Includes " Information " ; which a prudent person similarly situated ; could reasonably be -expected to possess cr of historical records and files. Those officers and employees of have knowledge.*-.---v;. (6)-This policy statement now pro-' vldes that any information published in scientific.literature, in any Ian* guage. Is exempt if It is referred to in abstracts published by 'specified ab stracting services./-- business organizations who are capa* ble of appreciating the significance of pertinent Information are also subject -f to these reporting requirements. An employing organization may relieve its An:establishmeht''obtaihs lrjformaHod at tbe time-any officer or em ployee capable of appreciatlng'the sig nificance of such information obtains individual officers and employees of. 11 -,t \-r (71 This policy statement describes... any responsibility for reporting sub IV. Reoulresctht That a Person Tm- In a new Part X how to submit claims stantial-risk information directly to EtEDIAXEETJ(5TOgM". TKT: APtCPCTSHtA-'- of confidentiality. ' . ~ EPA by establishing. Internally publi- -tor "." :i..r.-. Accordingly, the Administrator's In ' cizlng. and affirmatively implementing - terpretation of and policy towards sec- . procedures for employee submission With tbe' exception of Information- tion 8(e) Is set forth below. and corporate processing of pertinent on emergency.Incidents of .environ "Dated; February 24,1978. information- These procedures, at a" mental contamination isee Part V(c)j minimum, must (l) Specify the infor a person has "immediately informed" * .. ' . Douclas Cosxle .Administrator.' mation that officers and employees the Administrator If information Is re must submit; (2) Indicate how such ceived by EPA not later than the 15th submissions are to be prepared and working day after the date the person I. DinxinoNS The definitions set forth In TSCA section 3 apply to these requirements. In addition, the following definitions are provided for purposes of this policy statement; The term "manufacture or process for commercial purposes' " means to manufacture or process: (1) For distri bution in commerce. Including for test marketing purposes. (2) ior use as a catalyst or an Intermediate, (3) for the exclusive use by the manufacturer or processor, or (4) lor product research and development. tbe company official to whom they are to be submitted: (3) note the Federal penalties for "lading to report; and (4) provide a mechanism for promptly ad vising officers and employees in writ ing of the company's disposition of the report, including whether or not the report was submitted to EPA (and if misinforming employees of their right to report to EPA. as protected by TSCA section 23). An employee oi any company that has established and publicized such procedures, who has internally submitted pertinent Infor mation in accordance with them, shall obtained such Information. Supple mentary Information generated after a section "8(e) notification should. If ap propriate. be immediately reported. For emergency Incidents of environ mental contamination, a person shall report the incident to the Administra tor by telephone as soon as he has knowledge of the" incident (see Part EX for appropriate telephone contacts). The report should contain as much of the information required by Part EX as possible. A written report in accor dance with Part EX (a) through <f) Is to be submitted within 15 days. Information currently in the posses The term "person" includes any nat have discharged his section 8(e) obli sion of a person who is subject to re ural person, corporation, firm, com-., gation. Establishment of such proce porting must be reported within 80 pany. joint-venture, partnership, sole dures notwithstanding, all officials re days of publication of this policy state proprietorship, association, or any sponsible arid having authority for the ment, other business entity, any State or po organization's execution of its section litical subdivision thereof, any munici " 8(e) obligations retain personal liabil V. What Constitutes Substantial pality. any interstate body and any de ity for ensuring that the appropriate Risks partment. agency, or instrumentality of the Federal Government. The term "substantial-risk Informa tion" means information which rea sonably supports the conclusion that a chemical substance or mixture pre sents a substantia] risk of Injury to health or the environment. IL Persons Subject to the REqUXREMZHT Persons subject to section 8(e) re substantial-risk information is report ed to EPA. Buslness organizations that do not establish such procedures cannot re lieve their individual officers and em ployees of the responsiblity for ensur ing that substantial-risk information they obtain is reported to EPA. While officers and employees of such organi zations may also elect to submit sub stantial-risk information to their supe riors for corporate processing.and re A "substantial risk of injury to health or the environment" is a risk of considerable concern because of (a) the seriousness of the effect isee Sub parts (a), (b). and (c) below for an Il lustrative list of effects of concern], and (b> the fact or probability of Its occurrence. (Economic or social bene fits of use. or costs of restricting use, are not to be considered in determin ing whether a risk is "substantial''.) These two criteria are differentially quirements Include both natural per porting. rather than to EEA directly, weighted for different types of effects. sons and business entities engaged in they have not discharged their individ The human health effects listed In manufacturing, processing, or distrib ual section 8(e) obligation until EPA Subpart (a) below, for example, are so uting in commerce a chemical sub has received the information. serious that relatively little weight is stance or mixture. In the case of busi ness entities, the president, chief ex ecutive officer, and any other officers responsible and having authority for Note.--Irrespective of * business organiza tion's decision to establish and publicize the procedures described above. It is responsible lor becoming cognizant of any substantial- given to exposure; tbe mere fact the implicated chemical is "In commerce constitutes sufficient evidence of expo sure. In contrast, the remaining ef the organization's execution of its sec risk Information obtained by Its officers and fects listed in Subparts (b) and (c) tion 8(e) obligations must ensure that employees, and lor ensuring that auch Infor below must involve, or be accompanied the "organization reports substantial- mation is reported to EPA within IS work by the potential lor, significant levels risk Information to EPA. The business ing days. of exposure (because of general pro organization is considered to have ob tained any information which any of ficer or employee capable of appreciat m. Whet a Poison Wm. Be Regarded AS HaVWC OBTAINED IrtTORMATlOn duction levels, persistence, typical uses, common means of disposal, or other pertinent factors). ^ ing the significance of that informa A person obtains substantial-risk In Note that; (1) The effects outlined tion has obtained. It is therefore in formation at the time he first comes below should not be reported If tbe re- FEOUAl UGISTW. VOL <3, NO. 52--THURSDAY, MATCH 16, W CAPCO JEN 0002057  - v ... % ( rir epondent* has actual 'knowledge'that., the' above'adverse"effects'has been as-' piece'of'information. constltute'iepor-"'. ' the Administrator is already informed- -cribed and whlch'because-of-the-pat-' table-information;-an-example'-would' of them e.-..---- ... . :_tern. extent, md'amociht'of .contami-"'-.-be a'group of exposed'workers expert-^ :-(fi) Informatlon'respectlng these ef-..-nation (1) seriously threatens humans-, ,-enclng dlmlness together wlthprcllmi--' fr'lects <an be.obLained.elther-dlrectly,,.-- with cancer,' birth-'-defects.^mutation,-_,nary experimental results'demonstratf*- ' by observation of their occurrence, or - death.-or serious or prolonged Inca- .. ing neurological dysfunctions.'""-Trb; r- ' inferred from designed studies-as dis- pacltation. or 'C2)'-seriously threatens' Reports and -studies/of "undesigned . cussedJnPartVI_v.yi: - non-human organisms with`large-scale-'t-clrcumstances.ine!ude:- vi-ri-A?>* The,, Agency . considers l effects ..'for! *- or -ecologicaliy.-stgnificant--popuJatloh-'" -- (1) Medical and health surveya.-^??!'^* * .'. whlclrT'-substantial-risk Information* destruction.--.'c- "(ID Clinical studies.' * must be reported to include the fol-. - (111).-Reports concerning ^and.^vl- lOWlllC * * * ,,. . UKE AKIl SOURCCS'OF 11J70RMA** -dence of effects inconsumem workers,...- * (a) Human--health effects--Cl).Any., instance of cancer,'-birth .defects, mu tagenliity,' death, 'or serious or pro- now Which "Reasonablt Suproars .or.the environment.. -kJU'Ij ' .the Conclusion-" -. or . Substantial ' Risk : * VH. Information Which Hm Nor B* * f longed incapacitation.. including the "'Information attributing any'of'the / -Reported "c-'--ij' *i loss of or Inability; to" use a Dormal bodily function with a consequent rel -effects described In Part V above'to a chemical substance or mixture is to be" Information need not be reported if ltl - , ' -* ,w. ... -. ! atively-serious impairment of normal activities, if one Cor a few) chemlcaKs) is strongly Implicated. reported if it is ODe of the types listed below and if it is not exempt from the reporting requirement by reason of (a) Has been published by EPA in re- ' ports: ' <b) Has been submitted in writing to , ' (2) Any pattern of effects-or evi-. dence which reasonably supports the conclusion that' the chemical sub stance or mixture can produce cancer, .mutation, birth defects or toxic effects resulting In death, or serious or pro longed incapacitation. Cb) Environmental effects--Cl) Wide spread and previously unsuspected dis tribution In environmental media, as Indicated in studies (excluding materi als contained within appropriate dis-posal facilities). C2) Pronounced bioaccumulation. Measurements and Indicators of pro nounced bioaccumulation heretofore unknown to the Administrator (includ ing bioaccumulation in fish beyond 5.000 times water concentration in a Part VII of this policy statement. A person is not to delay reporting until he obtains conclusive Information that, a substantial risk exists, but is'to im mediately report any evidence which "reasonably supports" that conclusion. Such evidence will generally not be conclusive as to the substantiality of the risk; it should, however, reliably escribe the effect to the chemical. Information from the, following sources concerning the effects de scribed in Part V will often "reason ably support" a conclusion of substan tial risk. Consideration of corrobora tive information before reporting can only occur where it is indicated below. (1) Designed, controlled studies. In assessing the quality ol information, EPA pursuant to mandatory reporting requirements under TSCA or any other authority administered by EPA (including the Federal Insecticide. Fungicide and Rodenticide Act. the Clean Air Act, the Federal Water Pol lution Control Act. the Marine Protec tion, Research, and Sanctuaries Act, the Safe Drinking Water Act. and the Resource Conservation and Recovery Act), provided that the information: (1) Encompasses that required by Part IX (c) through (f); and (2) is Irom now " on submitted within the time con-. straints set forth In Part IV and iden tified as a section 8(e) notice in accor dance with Part IX(b); (c) Has been published in the scien- t tific literature and referenced by the ] following abstract services; (1) Agric- j 30-day exposure or having an n-oc- the respondent is to consider whether ola, (2) Biological Abstracts. (3) | tanol/water partition coefficient it contains reliable evidence ascribing Chemical Abstracts. (4) Dissertation - greater than 25,000) should be report the effect to the chemical. Not only Abstracts. (5) Index Medicus.'(6) Na ed when coupled with potential for should final results from such studies tional Technical Information Service. widespread exposure and any non-triv- be reported, but also preliminary re (d) Is corroborative of" well-estab- , ial adverse effect. sults from incomplete studies where lished adverse effects already docu (3) Any non-trivial adverse effect, appropriate. Designed, controlled stud mented in the scientific literature and heretofore unknown to- the Adminis ies include; referenced as described in (c) above, trator. associated with a chemical (1) In vivo experiments and tests. unless such Information concerns known to have bioaccumulated to a (ill In vitro experiments and tests. emergency incidents of environmental pronounced degree or to be wide Consideration may be given to the ex contamination as described in Part spread in environmental media. istence ol corroborative information. 13 V(c). or (4) Ecologically significant changes Decessary to reasonably support the (e) Is contained in notification of In species' interrelationships; that is, conclusion that a chemical presents a spills under section 311(b)(5) of the j changes in population behavior, substantial risk. Federal Water Pollution Control Act. growth, survival, etc. that in turn affect other species' behavior, growth. or survival. Examples include: (1) Excessive stim (iii) Epidemiological studies. (lvl Environmental monitoring studies. (2) Reports coTiceming and studies VHI. Information First Received bt a Person Prior to the Effective Date or TSCA ulation of primary producers (algae, of undesigned, uncontrolled circum Any substantial risk ' information macrophytes) In aquatic ecosystems, stances. It is anticipated here that re possessed by a person prior to January e.g- resulting in nutrient enrichment, portable effects will generally occur in 1. 1977. of which he is aware after that or eutrophication, of aquatic ecosys a pattern, where a significant common date shall be reported within 60 days tems. - ' feature Is exposure to the chemical of publication of this policy statement." (il) Interference with critical biogeo- However, a single instance of cancer, The Agency considers that a person Is chemleal cycles, such as the nitrogen birth defects, mutation, death, or seri "aware" of: cycle. ous incapacitation in a human would ' (a) Any information reviewed after (5) Facile transformation or degra be reportable if one (or a few January 1. 1977, Including not only dation to a chemical having an unac chemlcaKs) was strongly implicated. written reports, memoranda and other ceptable risk as defined above. In addition, it is possible that effects documents examined after January 1. (c) Emergency incidents of environ mental contamination--Any environ mental contamination by a chemical substance or mixture to which any of less serious than those described in 1977. but also information referred to Part V(a) may be preliminary manifes in discussions and conferences In tations of the more serious effects which the person participated after and. together with another triggering January 1. 1977; f[DUAt HCIITI*, VOL A3, NO. S3--THUlSDAYrMAaCfUA. 1971 CAPCO JEN 0002058 --ftUIIWkb " '(b) Any Information the contents of which & person has been alerted to by cdluadteinregceainveydinaffotermr Jaatinounarcyon1,ce19rn7i7n,gIna. Region"'"X '(Washington;'Oregon/YIdaho. ' Attendee -A-i-QmcK RoTUNczPSmcMARr Alaska). 206-442-12v;. n- ro* Ekercekct Incidents Of Exvtronvzn- - X. CoNriDDmALrrr Claims -? z\ . tae Contamination -- .. .- .1 -- ........ e-Jliyy.?- A. WHAT SHOULD It RETORTED AX AKl^L1^ * chemical for which the person Is pres ` -.(a) Aay- person submitting a notice - -. .-* -Vi-. EMXRCENCg.INCEDENT f :?. .-4. - ently assessing health and environ- to EPA under section* 8(e)- of -TSCA An emergency-Incident of environments! mental effects: * (c) Any-other Information of which the person has actual knowledge. . IX.-RErORriNG REQDIRDMENTS : may assert .a business confidentiality ""claim covering all or part of the `Infor mation contained in.the notice.-Any Information covered by a claim will be contamination- is "an? environmental con* Umlnatlon by a Chemical substance.or znix ture .J. which.'because of the.:pattem. * extent and amount of contamlnatlon.Il) Se' riousjy threatens humans with cancer, birth ' Notices Ehall be delivered to the . Document Control Officer. Chemical Information Division. Office of Toxic 'Substances (WH-557), Environmental - disclosed by EPA only to the-extent, and by means of the procedures, set forth In 40 CFR Part.2 <41 FR 36902. SeptemberT. 1976). ' _ defects, mutation, death, or serious or pro longed Incapacitation, or '(2) seriously ..-threatens non-human organlsms with large -scale or-ecologically significant population destruction". (See Part Vic) for complete Protection Agency, 401 M Street SW,, "- (b) If no claim-accompanies the description.) .. .; Washington, D.C. 20460. notice at the time" It Is submitted to A notice should: (a) Be sent by certified mail, or In any other way permitting verification of its receipt by the Agency, (b) State that It Is being submitted In accordance with section 8(e), (c) Contain the Job title, name, ad EPA. the notice will be placed In an open file to be available to the public without further notice to the shbrnit- ter. (c) To assert a claim of confidential ity for information contained in a ' a. WHAT NEED NOT IE RETORTED AS AN - ' EMERGENCT INCIDENT ; Information contained In notification of spills under section 311(bX5) of the Federal Water Pollution Control Act (FWPCA). (For a complete list of exemptions to report ing. see"Part VTL) dress. telephone number, and signa notice, the submitter must submit two C. WHEN AND WHERE TO REPORT TVTtcniPf ture of the person reporting and the copies of the notice. INCIDENTS name and address of the manufactur ing. processing, or distributing estab lishment with which he Is associated. (d) Identify the chemical substance or mixture (including. If known, the CAS Registry Number), (e) Summarize the adverse effects being reported, describing the nature and the extent of the risk involved, and (f) Contain the specific source of the (1) One copy must be complete. In *' Emergency Incidents of environmental that copy the submitter must Indicate contamination are to be reported lmmedl- what Information. If any, is claimed as ately by telephone to the appropriate EPA confidential by marking the specified Regional 24-hour telephone emergency line information on each page with a label listed below. such as confidential," "proprietary," Region I (Maine. Rhode Island. Connecti -or "trade secret." (2) If some information in the notice is claimed as confidential, the submit ter must submit a second copy. The cut, Vermont, Massachusetts. New Hamp shire). 617-223-7265. Region II (New York, New Jersey, Puerto Rico. Virgin Islands). 201-548-8730. Region III (Pennsylvania. West Virginia. Information together with a summary second copy must be complete except Virginia. Maryland. Delaware. District ol and the. source of any available sup porting technical data. , For emergency incidents of environ mental contamination (see Part V(c)l, a person shah report the incident to the Administrator by telephone as soon as he has knowledge of the-inci- dent (see below for appropriate tele phone contacts). The report should contain as much of the information re that all information claimed as confi dential in the first copy must be de leted. (3) The first copy of the notice will be disclosed by EPA only to the extent, and by means of the proce dures. set forth in 40 CFR Part 2.<The second xopy will be placed in an open tile to be available to the public. Columbia). 215-597-9898. Region IV (Kentucky. Tennessee. North Carolina, South Carolina. Georgia Ala bama Mississippi. Florida). 404-881-4062. Region V (Wisconsin. Illinois. Indiana. Michigan. Ohio. Minnesota). 312-3532318. Region VI (New Mexico. Texas. Oklahoma Arkansas. Louisiana). 214-749-3840. Region VII (Nebraska. Iowa Missouri. Kansas). 816-374-3778. quired by Instructions (b) through (f) <d) Any person submitting a notice Region VIII (Colorado. Utah. Wyoming. above as possible. A written report, in containing information for which they accordance with Instructions (a) through (f) above. Is to be submitted within 15 days. Twenty-four hour emergency telephone numbers are: are asserting a confidentiality claim should send the notice in a double envelope. (1)'The outside envelope should bear Montana North Dakota South Dakota). 303-837-3880. Region DC (California Nevada Arizona Hawaii. Guam). 415-556^254. Region X (Washington. Oregon. Idaho. Alaska). 208-442-1200. Region I (Maine. Rhode Island. Connecti cut,'Vermont. Massachusetts. New Haop- Shire). 617-223-7265. Region II (New York. New Jersey. Puerto Rico. Virgin Islands). 201-548-6730. the same address outlined In section IX of this policy statement. (2) The inside envelope should be clearly marked "To be opened only by In addition, a written report. In accord ance with Instructions (a) through (f) of Fart IX. is to be submitted within 15 days to the Document Control Officer. Chemical In formation Division. Otfice of Toxic Sub Region III (Pennsylvania. West Virginia. the OTS Document Control Officer." stances fWH-557), 401 M Street SW,, Wash Virginia. Maryland. Delaware. District of ington. D.C. 20460. Columbia). 215-597-9898. Region IV (Kentucky. Tennessee. North Carolina. South Carolina, Georgia, Ala 3d. Failure To Report Information Section 15(3) of TSCA makes It un Appendix B--Sicniticant Comments and ' Responses bama. Mississippi. Florida). 404-881-4062. Region V (Wisconsin, Illinois, Indiana, Michigan, Ohio. Minnesota), 312-353- 2318. Region VT (New Mexico. Texas, Oklahoma, Arkansas. Louisiana). 214-749-3840. lawful for any person to fail or refuse to submit Information required under section 6(e). Section 16 provides that a violation of section IS renders a person liable to the United States for A. PERSONS SURJTCT TO THESE REQUIREMENTS Comment ]: Employees cannot be held subject to these reoulremenis. since: (a) They only have & partial role In the manu facture. processing, or distribution of chemi Region VII (Nebraska. Iowa. Missouri. a civil penalty and possible criminal cals. (b) in other sections of TSCA. the term Kansas). 816-374-3776. ." prosecution. Pursuant to section 17. Region VTII (Colorado, Utah. Wyoming. Montana. North Dakota, South Dakota), 303-837-3880. the Government may seek Judicial relief to compel submittal of section Region EC (California. Nevada, Arizona.. 8(e) Information and to otherwise re "person who manufactures, processes, or distributes" chemicals clearly refers to busl* ness organizations: "persons" should be con sistently defined, and (c) the application of criminal penalties mandates a strict Inter Hawaii. Guam). 415-556-6254. strain any violation of section 8(e). pretation ol this word. FEDERAL REGISTER. VOL 43, NO. 52--THURSDAY, MAROl !W W* CAPCO JEN 0002059  JUsponse The Agency considers that dif .. nation they, have obtained directly to EPA Icorponier processing, '-mailing,: holidays, ferent sections of-XSCA having different rather, their client manufacturers, proces .etC-1. -- purpose*, are appropriately directed to dif sors and distributors .arp. responsible for . Response: The Agency has changed -the ferent respondents. In the case of section reporting such informatipi.\; - compliance period to 12 business days.It Is 8(e), officers and employees who art capable ` of appreciating the significance of Informa . a. xnx "osTasxxm:" or nnronMAHoir - imperative that procedures he established to expedite the reporting of substantial-risk In tion have a legitimate responslhillty to be '' Comment 2.-The "may suggest"-criterion formation. mot that reporting conform to alert to and report substantial-risk informa . In Fart HI of Che proposal serves to compel existing procedures. tion. The guidance has "been modified so .further examination of Information that by Comment 10: Allow from 30 to BOdays for that natural persons and business entitles ' Itself Is Dot subject to section 8(e) require the second phase of reporting: alternatively, * can fulfill their section 2(e) obligations In ments. The statutory language calling for do not prescribe a time limit for additional different trays. Most officers and employees "reasonable support" does not support this. reporting.-' - cap discharge their section B(e) obligations Further, risk assessment often requires any Response Having deleted the "may *ug-' by submitting pertinent Information to cor where from months to several years of test" criterion, the Agency sees bo need to porate superiors- provided that the com study after preliminary results "suggest" provide a second phase to the lejmiting pany has established the risk-evaluation risk, far exceeding the 12-day compliance 'period. Supplemental information that is procedures characterized In Part EL In the period. generated after a aectlon 8(e) notification case of a business organization. Its presi Response: The Agency does not Intend to should. If appropriate, be Immediately re dent, chief executive officer, and other off!- compel under section -6(e) examination of . ported. - cials responsible and having authority for Information that by itself is not subject to Comment 11: Allow'from 30 to 120 days to the business organization's execution of Its section 8(e) requirements and has deleted report pre-U77 information: this period section 8(e) obligations must ensure that the "may suggest" provision, providing Its should commence; ta) upon final publica the organization reports substantial-risk In Interpretation of what constitutes evidence tion. (b) January 1. 1978. (c) following the formation to EPA that "reasonably supports the conclusion" inventory reporting period since many of Comment Z' Even U employees can be held of substantial risk in a new Fart VL the same corporate personnel will be Imple .subject to these requirements, they should Comment .* Section 8(el obligations are menting both requirements. ` not be. To do so would force employees and Incurred upon obtaining conclusory substan Response The pobey statement prescribes employers Into conflicting positions. Inviting tial-risk information. a 60 day reporting period, commencing Im Internal corporate dissension and over- re- Response: The Agency disagrees, and con mediately upon publication. Section 8(e) has porting. Further. Individuals often do not siders that "reasonable support" of a con been in effect since January I. 1977; post have the overview necessary to reach con clusion of substantial risk is not identical to ponement In reporting substantial-risk in- sidered- well-supported decisions. Corporate reporting by designated officials will pro the conclusion Itself. Tbe former typically occurs, and must be reported, at an earlier lormation is not warranted. vide EPA with more reliable data. stage. Resporut The Agency considers that em Comment 7: Tbe statement. In Part HI of s. trrrcxs arm rsror-Mxnoe teat must be arroKTrs ployees have a legitimate role In risk report ing; It Is Imperative that risk Information obtained by employees be appropriately considered. Officers and employees can ful fill their role In the reporting of substantialrisk Information, without the disadvantages described above, by reporting Information to superiors for corporate consideration, and. having done so. will have discharged their obligation to EPA This Is contingent upon tbe establishment by the- business or ganization of certain procedures for Tisk- ecsiustion. thereby assuring the appropri ate consideration of such reports. Those of ficers responsible and havinE authority for tbe organization's execution of Its section Bie) obligations must ensure that the orga nization reports substantial-risk informa tion to EPA Comment Z Clarify which employees are covered, and the extent of their obligation. Are employees "capable of appreciating per tinent information" by virtue of rank, or knowledge? Are rank and file employees subject to these requirements, or Just super visory and managerial personnel, company toxicologists, etc.? Is an employee absolved of further responsibility if he reports to his supervisor? .Response Tbe Agency considers that the phrase "capable of appreciating the signifi cance of pertinent Information" appropri ately describes those officers and employees who have a responsibility to be alert to and report substantial-risk Information, includ ing not only relatively senior corporate offi cers but also many corporate employees. The policy statement modifies the Septem ber 9 proposal. In response to tbe concerns expressed In Comments 2 and 3, to permit most officers and employees to discharge tbe proposal that a person has obtained In Comment 1Z' The reporting o! "any In formation If he ". . . should know of the ex stance" of cancer, birth defect, etc. In istence of such information not In his pos humans Is too broad and such information session but which would be delivered to him win be of little use; chemical workers, like on request," tends to compel an active the genera] population, develop cancers and search for substantial-risk Information other ailments of uncertain etiology. rather than the reporting of substantial-risk Response This policy statement clarifies Information a person "obtains." This is of that the reporting of single occurrences of particular concern to Importers with limited human cancer or other aerious effects win- access to Information possessed by their depend upon evidence strongly implicating suppliers. one tor afewlcbemicalU). Response The Agency considers that sec Comment 11: Dermal ailments and nausea tion 8(e) applies to Information which a are poorly chosen examples of precursor person possesses or of which be knows. It Is symptoms. Deleting these examples will not Intended to compel searches for infor avoid unduly emphasizing them when other mation or extraordinary efforts to acquire Fymptoms may be more Important, yet will information. The Agency further considers, pot eliminate the obligation to report them however, that "known" Information In 11 they are suspected precursors. cludes Information which a prudent person similarly situated could reasonably be ex pected to know. Negligence or Intentional avoidance of Information does not absolve a person of his section-8(e) obligation. Part .Response: Tbe Agency agree*. Comment 14: How are reportable data dis tinguished from routine tests including range tests such as ED.'s? Response' This policy statement direct* III has been modified to express these in the reporting of specified effects when un tentions. known to the Administrator. Many routine Comment S: Circumstances can exist when tests are based on a knowledge of toxicity coming "into possession" of risk informa associated with a chemical; unknown effects tion docs cot correspond to an understand occurring during such a range test may have ing of the Implications of tbe Information: to be reported If they are those of concern "obtains" should be defined In terms of pos- ` to the Agency and If the information meets session of information and awareness of its tbe criteria set forth in Parts V and IT Import. Comment IS: The most widespread "In Response: The "obtaining" of Information vitro" test Is the Ames test, which is subject occurs via persons who are "capable of ap to considerable debate. Clarify the crcum- preciating the significance of pertinent in stances under which positive results of In formation." There will likely be circum vitro tests must be reported. stances In which the evaluation of Informa Response Part VI clarifies that the re tion clarifies Its full Import: the establish porting of In vitro tests will depend upon ment of corporate procedures for processing the existence of corroborative Information risk-information prescribed In Part U win if necessary to reasonably support tbe con their obligation by submitting information expedite this. . clusion of substantial nsk. to corporate superiors, subject to the condi tions described in'Part XL c-njet aiaowo row eowuawer Comment Id'The description of "extreme persistence" as a substantial risk Is as exam Comment 4: Consultants and Independent Comment S:Fifteen calendar days is insuf ple of the need to redefine Part V(c> ("Envi yv* should pot be subject to these require ficient to determine whether Information ronmental Effect*' ). Persistence and bio- ments. which "may suggest" substantial risk should accumulation should be considered risks Rerpotue' Contractors and independent be reported: It Is even Insufficient to accom only when coupled with toxitsty and ajgnifl- labs are not responsible for reporting lnfor- modate normal procedural time constraints canl exposure. FEDtrAL ecUTDC, VOL A3. NO. 52--rMOZtOAT. NAkOH 16,1978 CAPCO JEN 0002060 Response' Part V now clarifies moe ei- V - Stcjpotec; JtwfVl 1* liaifum.viaife v <*- ' Itcts for which reporting depends upon & Cram with other agencies now. When this ' quirements apply to chemicals previously - significant .exposure potential. Persistence coordination is successfully completed.- the but no longer manufactured, processed, or by Itself U no longer Itemized ss a report- . . policy statement wtll be amended to exempt distributed In commerce by a person. able effect but rather Is considered to be a from the reporting requirement Information Response: Information obtained before component of exposure potential: It may "that has been submitted to other specified - 1977 must be reported If the person has also underlie the measurements described In agencies. In the meantime, substantial-risk been aware of lt since January 1, 1977, as Part V(b)(l). Laboratory Indicator! of pro Information must be reported directly to .. -prescribed by Part VUL Concerning chemi nounced bioaccumulation are to be reported EPA: such a'report does not discharge any cals which a person has discontinued cnanu- when coupled with potential for widespread reporting obligation to other agencies. - faclurtng. processing, or distributing since exposure and any non-trlvial adverse effect.' i January 1. 1977. ' Information obtained Comment f 7: The n-oct&nol/waler parti r. ENTORMATTOK MRST RZCHVED PRIOR TO THX" belore the time of discontinuation Is subject tion coefficient addresses a physico-cheml-. E77TCTIVT DATE OP TSCk to these requirements. It Is expected that cal .property, not biological effects, and Is' not alone an Indicator of substantial risk;' further, the values stated for the coefficient " and-lhe bioaccumulation factor In fish do not correspond. Response: The Agency acknowledges the numerical error and has amended the values to correspond. This policy statement now directs the reporting of an experimental measurement of bioaccumulalion when coupled with an adverse effect and potential for widespread exposure. Comment if: The requirement that Infor mation which "links" an elfect to a chemi cal be reported Is loo broad and contradicts the statutory language of "reasonably supports". . Response: The Agency has provided In a new Part VI Its Interpretation of "reason ably supports". Comment IS: A determination that Infor mation "reasonably supports the conclu sion" of substantia] risk cannot be made In dependently of considerations of use since the method and manner of using a chemical may Influence the occurrence of an effect: In particular, the criteria should reflect a distinction between normal and abnormal uses of chemicals. Response: The Agency considers that the appropriate components of a "substantial risk" with respect to a chemical are (a) the seriousness of the effect, and tbl total expo Comment 22: The tense of the verb "obtains" reveals that section 8(e) was Intended to be applied prospectively to Information newly acquired after January 1. 1877. Utilize section 8(d) or other rules to acquire Infor mation obtained before then. Response: As discussed In the preamble to the September 9 proposal, the Agency con siders section 8(e) to apply to risk Informa tion possessed by or known to a person before, on. or after January 1, 1877. Con cerning Information first obtained before 1977. this policy statement continues to re quire reporting of Information received If a person has been aware of It since January 1. 1977. for the reasons discussed In the Sep-tember 9 preamble. Comment 23: The term "aware" Is too vague to be of any help In responding to these requirements. Since many corporate employees are potentially subject to these requirements, and given uncertainty over the extent to which they ought to be aware of pre-1977 Information, this provision tends to compel the very file search It was intend ed to avoid. The term "aware" should be lurther defined, possibly In terms of actual knowledge. Response; The' Agency In Part VIII of this policy statement now defines the pre-1977 information of which a person is considered to be aware. the acquisition of Information after, that time will be minimal: however, should addi tional Information be acquired. It may trig ger the reporting described to Part VTEL Comment 2S: Clarify the meaning of "sub stantial risk" relative to other risks ad dressed by TSCA. Response: A substantial risk is defined to Part. V(a) of this policy statement as a risk of considerable concern because of (a) the seriousness of the effect, and (b> the fact or probability of Its occurrence. As opposed to other risks addressed by TSCA. economic or social benefits of use. or costs of restricting use. are not to be considered to determlrung whether a risk Is "substantial". Comment 30: To w-hat extent are "users" of chemicals subject to these requirements? Response: The Agency considers that many Industrial uses of chemicals actually lal) within the scope of "processing" chemi cals. A manufacturer, processor, or distribu tor who obtains substantial-risk Information concerning chemicals he handles should be alert to the possibility he may have to report It. Comment 31:. Are chemicals manufac tured. processed and distributed to com merce to small quantities solely for purposes of research and development subject to these requirements? Response In general, the Agency consid sure potential. The method and manner of using a chemical is one of several factors de termining its exposure potential. As de scribed In Part V. the Importance of expo sure potential as a component of "substan C. COHTTDENTLAl. DTTCRMATJOH Comment 24: EPA should delay guidance until procedures are published governing the treatment of confidential submissions. ers that much manufacturing, processing, and distribution to commerce of chemicals to small quantities solely for purposes of re search and development Is conducted for "commercial purposes". Such purposes tial risk" depends upon the kind of effect of Comment 23: EPA should treat all submis would Include the sale and distribution of concern. Thus, the effects described In Part sions as confidential until the lnlormallon Is such materials, as well as their use by the Via) are so serious that relatively little verified. manufacturer or processor to activities (for weight is given to exposure: the effects de Comment 26: EPA should automatjsslly example, product research and development scribed in Parts V (b> and (c) involve a sig- - publish section 8(e) notices. and studjes assessing the feasibility and nlficant exposure or exposure potential. Response to Comments 24 through 26: safety of using chemicals) preceding his or a The Agency further considers that a defi EPA has Included a new Part X which de client's commercial use of such materials or nition of "normal", use lor a particular scribes how to submit a claim of confiden others on a larger scale. chemical will olten depend upon a knowl tiality and states that any or all of the In As described to Part V. the Agency consid edge of the risks associated with the formation submitted may be claimed as con ers that "substantial risks" depend to part chemical. fidential. Such Information will be disclosed upon an exposure potential. Thus, the oc by EPA only to the extent, and by means of currence of the effects described In Part r. thtdrmjitjon that heed hot be reported the procedures, set forth in 40 CFR Part 2. V(a) presuppose exposure to the chemical Comment 20: Information published In scientific literature In languages other than English should be exempted If published In summary form by abstracting services. Can the accuracy of English language abstracts and commercial translations of foreign lit erature be assumed? H, WiSCELXAHEOOS Comment 27: What Is the statutory basis or need for guidance? What is its exact status under the Administrative Procedure Act? Response: This policy statement sets forth and must be reported; reporting of the other effects will depend upon a potential for significant levels of exposure. Comment 32: Are raw materials. Interme diates, and Inert ingredients produced or used to the manufacture of a pesticide sub ject to TSCA? Response: This policy statement now pro ETA's interpretation of and policy concern Response- The Administrator considers sides that information published in scien ing TSCA section 8(e). As an interpretive that raw materials. Intermediates and Inert tific literature, whether In English or an rule and statement of policy It Is not subject Ingredients produced or used In the manu other language. Is exempt from reporting if to the comment period and delayed effec facture of a pesticide are substances or mix published In summary form by certain tive date provisions of the Administrative tures which can be regulated under TSCA specified abstract services. Procedure Act (5 U.S.C. 553). Although In order to be considered a pesticide, a Comment 21: Information exchange sys TSCA does not mandate a policy statement, substance must be intended for use as a pes tems with other Federal agencies should be the Agency of necessity must develop the ticide. Raw materials. Intermediates, and Immediately established so that respondents criteria which will govern enforcement ac Inert Ingredients produced or used to the need not report to EPA Information already tivities. Trade associations and businesses manufacture of a pesticide art not them reported to other Agencies, and vice versa. were among those who previously expressed selves regulated under FEFRA (unless they Such duplicative reports are unduly burden Interest In such a statement to guide their happen to be pesticides themselves) and. some. compliance. therefore, are subject to TSCA The pesti- EEDERAl REGISTER, VOL <3, NO. 51--THURSOAT, MARCH 15, 1971 CAPCO JEN 0002061 .11116 NOTICES:-'v* cide regulations at 40 CFR 162.4 are consis . production gf a food, food additive,' <irvg. tent with this view. - - -- :- cosmetic. or.device.-> Comment J1` Are tnterroechalet ud Btt- . - Comment Jt' employees sbould.have the f i" - ly.U latetided solely /or use Id the produc - option to submit reports anonymously. -- tion of a food, food additive, drug, cosmetic, Rexvonae: EPA considers that any person - -- or device subject lo TSCA? may report. Information to EPA tinder ' Rmponse: The Administrator. considers TSCA. Those who-are repaired to do bo ' "that intermediates and ratalrats intended under`section file) are persons who menu- - -- . solely for use In the production of a loo4. lacture.' process.-or distribute In commerce - -- food additive, drag, cosmetic, or device are chemical cubstances or mixtures. Including , excluded from regulation under TSCA. The not only business entitles but also such-em- "- definitions of the FFDCA provide that ployees as described In Part-TI. In"order to-- ' chemical substances -which are Intended lor establish that such persons have-discharged '* . use as a component of a food, food additive.. their obligations, and In order to encourage --- - drug. cosmetic, or. devtoe are encompassed responsible reviewof the duality of informs- . artthin the mcanine of such terms, respec tion and the substantiality of risks. XPA be- " '' tively. The FDA considers Intermediates lieves that sottfiers should identify them" rvt catalysts to be such components. There selves. Section 23 will adeouaiely protect fore. they are subject to regulation under employees Iran discrimination pursuant to the FFDCA Any such substance is excluded notifications they have made, under section' from regulation under TSCA Insofar as it is etc). * - . -- ........ actually manufactured, processed, or dis tributed In commerce solely for use Id the [FR Doc. 76-TOW Filed 3-15-7S-.:45 ami ' . , or;.-. / 0 nvixAi icGirmt, vol a, ho. tw*sday, MAtcn \m CAPCO JEN 0002062 96th CONGRESS 1st Session e To establish & program for the inspection of schools for the presence of asbestos materials, to proride funds for the testing and evaluation of potential haz ards, to create a loan program to assist in the containment or removal of imminent hazards to health and safety, and for other purposes. IN THE HOUSE OF REPRESENTATIVES January 24,1979 Mr. Pekkins introduced the following bill; which was referred to the Committee on Education and Labor To establish a program for the inspection of schools for the presence of asbestos materials, to provide funds for the testing and evaluation of potential hazards, to create a loan program to assist in the containment or removal of immi nent hazards to health and safety, and for other purposes. 1 Be it enacted by the Senate and House of Represenla- 2 tives of the United States of America in Congress assembled, 3* SHORT TITLE 4 Section 1. This Act may he cited as the "Asbestos 5 School Hazard Detection and Control Act of 1979". i CAPCO JEN 0002063 t 2 1 FINDINGS AND PURPOSES 2 Sec. 2. (a) The Congress finds that-- 3 (1) exposure to asbestos and materials containing 4 asbestos has been identified over a long period of time 5 and by reputable medical and scientific evidence as sig- 6 nificantly increasing the incidence of cancer and other 7 severe or fatal diseases, such as asbestosis; 8 (2) medical evidence has suggested that children 9 may be particularly susceptible to environmentally in- 10 duced cancers; 11 (3) medical science has not established any safe 12 level of exposure to asbestos as a threshold above 13 which the likelihood of developing illness occurs; 14 (4) substantial amounts of asbestos, particularly in 15 sprayed form, were used in school buildings, especially 16 during the period 1946-1972; 17 (5) partial surveys .in some States have indicated 18 that there exists in a number of schools asbestos mate- 19 rials which have become damaged or friable, from 20 which asbestos is being or may be dislodged into the 21 air; ' .- 22 (6) asbestos concentrations far exceeding the 23 normal ambient air levels have been found in schools 24 with damaged asbestos; CAPCO JEN 0002064 3 1 (7) the Department of Health, Education, and 2 Welfare and the Environmental Protection Agency, as 3 well as several States, have attempted to publicize the 4 potential hazards to school children and employees 5 from asbestos, but there does not exist any systematic 6 or mandatory program for identifying hazardous condi7 tions in schools, or for remedying them; 8 (8) there exists no health standard regulating the 9 concentration of asbestos in the nonworking environ10 ment, such as a school; 11 (9) custodial workers, teachers, and other school 12 employees may be exposed to hazardous concentrations 13 of asbestos in school buildings; and 14 (10) without an improved program of information 15 distribution, technical and scientific assistance, and fi16 nancial support, many school districts and States will 17 not be able to mitigate the potential asbestos hazards 18 where they occur in their schools. 19 (b) It is the purpose of this Act to-- 20 (1) direct the Secretary of Health, Education, and 21 Welfare, in conjunction -with other^'appropriate officials, 22 to establish a task force to direct Federal efforts to as23 certain the extent of thedanger to the health of school24 children and employees from asbestos materials in the 25 schools; CAPCO JEN 0002065 t 4 1 (2) require States to prepare a plan which estab2 lishes a program for the systematic inspection of all 3 school buildings in order to identify the presence of as4 bestos or asbestos materials in hazardous conditions; 5 (3) provide scientific and technical assistance to 6 the States and local school boards in conducting the 7 survey, related tests and evaluations; 8 (4) provide loans for the mitigation of serious as9 bestos hazards which constitute an imminent danger to 10 the health and safety of school children and employees; 11 (5) assure that no employee of any school district, 12 State or local government, or Federal agency, suffers 13 any disciplinary action as a result of calling attention 14 to potential asbestos hazards which may exist in 15 schools. 16 TASK FOECE 17 Sec. 3. (a) Within thirty days after the enactment of 18 this section, the Secretary shall designate the members of an 19 Asbestos Hazards School Safety Task Force (hereinafter re20 ferred to as "Task Force"). The Task Force shall be com21 posed of persons with knowledge of the scientific and medical V' 22 problems associated with exposure to asbestos, and of per23 sons with knowledge of procedures and programs for the con24 tainment or removal of asbestos from buildings. Membership 25 on the Task Force shall include a representative of the Ofiice I CAPCO JEN 0002066 5 1 of Education, the National Cancer Institute, the Environ2 mental Protection Agency, the National Institute of Environ3 mental Health Sciences, the Occupational Safety and Health 4 Administration, and representatives of the public organiza5 tions concerned with education and health. In selecting mem6 bership from other Federal agencies or departments, the Sec7 retary shall accept the persons nominated by the Secretary' or 8 Administrator of that Department or Agency. The Secretary 9 shall designate a chairman of the Task Force. 10 (b) Members of the Task Force who are not full-time 11 employees of the Federal Government shall be reimbursed for 12 actual expenses incurred in conjunction with their service on 13 the Task Force, and shall receive a per diem compensation at 14 a rate not to exceed the maximum rate prescribed for grade 15 GS-16. 1G (c) The Task Force shall convene, no later than thirty 17 days after the appointment of its members, at the call of the 18 chairman. 19 (d) The duties of the Task Force shall include-- 20 (1) the preparation of educational materials for 21 distribution to the States and local .school boards in 22 conjunction with the plan required in section 4 of this 23 Act; 24 (2) the compilation and dissemination of medical,; 25 scientific, technological, and other materials, reports, i CAPCO JEN 0002067 6 1 instructions, and information to State and local govem2 ments and to local school boards explaining the health 3 and safety hazards associated with asbestos materials, 4 the means of identifying, sampling, and testing materi5 als suspected of containing asbestos; 6 . (3) the review and approval of State plans and ap7 plications for reimbursements and loans pursuant to 8 sections 5 and 6 of this Act; 9 (4) the establishment of criteria concerning the 10 levels of hazards posed by asbestos in advanced stages 11 of disrepair which may constitute an imminent danger 12 to the health and safety of school children and employ13 ees, for the purpose of determining eligibility' for loans 14 pursuant to section 6 of this Act; 15 (5) making recommendations to the Secretaiy on 16 the awarding of grants for technical assistance pursu17 ant to section 5(c) of this Act. 18 STATE PLAN 19 Sec. 4. (a) No later than September 1, 1979, each 20 State which desires to enable its schools to participate in 21 programs under,_tliis Act shall submit to the Secretary a plan22 for the notification of administrators of all schools within that 23 State's jurisdiction of the health hazards associated with ex24 posure to asbestos, and recommended methods for the safe, 25 orderly, and expeditious containment or removal, as deemed CAPCO JEN 0002068 1 necessary by competent scientific or medical individuals, of 2 asbestos materials -which pose an imminent hazard to the 3 health and safety of persons utilizing such school buildings. 4 Such plan shall include-- 5 (1) a timetable for the identification, not later than 6 January 1, 1980, of imminent asbestos health hazards 7 in all schools situated within such State; 8 (2) a description of the procedures which are to be 9 utilized in locating and identifying such hazards, in ac10 cordance with safety rules promulgated by the Secre11 tary in accordance with section 7 of this Act; 12 (3) a timetable for the expeditious containment or 13 removal of asbestos hazards which have been identified 14 pursuant to paragraph (1) of this subsection no later 15 than September 1, 1980, unless an extension has been 16 granted by the Secretary due to extraordinary 17 circumstances; 18 (4) procedures for maintaining records on the 19 presence of asbestos materials in schools and future. 20 containment or removal activities; and (5) the identification of a: State agency or other administrative unit with the responsibility for the prep- * aration of the plan and the administration of the con trol program which it describes. CAPCO JE 8t 1 (b) The Secretary shall approve a plan which meets the 2 requirements of subsection (a) of this section, provided that it 3 has been reviewed and approved by the Task Force. The 4 Secretary may not approve any plan which has been rejected 5 by the Task Force. 6 ASBESTOS HAEAEDS DETECTION 7 Sec. 5. (a)(1) Units of local government with the re8 sponsibility for the administration and safety of schools may 9 apply to the Secretary for a reimbursement from funds avail10 able for purposes of this section for up to one-half of the costs 11 of surveying and testing school buildings in order to deter12 mine whether hazardous concentrations of asbestos or asbes13 tos products exist in schools of that jurisdiction. Such appli14 cation shall contain, in addition to supplemental information 15 which the Secretary may require-- 16 (A) a description of the proposed survey, including 17 testing techniques; 18 (B) an estimate of the total cost of the survey; 19 (C) the identification.of any party which may be 20 engaged to conduct the testing, including a description 21 of the party's professional expertise for such testing. 22 Any testing facility-selected under clause (C) shall meet com23 petency standards established by the Secretaiy. 1 CAPCO JEN 0002070 9 1 (2) The Secretary shall designate, in conjunction with 2 the Task Force, those costs which are reimbursable under 3 paragraph (1) of this subsection. Such costs shall include-- 4 (A) administrative costs of preparing and supervis- 5 ing the survey; 6 (B) costs of conducting visual inspections of school 7 buildings; 8 (C) sampling of building and insulation materials; 9 (D) appropriate tests to determine the level of as- 10 bestos content insuspected materials; and 11 (E) air sampling and testing, if deemed essential 12 to determining the likelihood of imminent danger. 13 (b)(1) The Secretary shall make payments from funds 14 available under this Act for purposes of this section for a 15 period of three years following the date of enactment of this 16 Act. 17 (2) The one-half cost restrictioncontained in subsection 18 (a)(1) may be waived upon a determination by the Secretary . 19 that the fiscal resources of the locality are limited to the 20 extent that imposition of such restriction would prevent par- 21 ticipation in the program. y 22 (c) The Secretary may allocate up to 20 per centum of 23 the funds available for purposes of this section for use in edu- 24 cation and technical assistance programs. CAPCO JEN 0002071 10 1 (d) Recipients of grants wider Lhis section shall file a 2 report 'with the Secretary no later than one hundred and 3 twenty days after receipt of the grant describing the detec4 tion arid testing activities which were undertaken, the re5 suits, and the plan for mitigating any imminent hazards 6 which had been detected. The report shall include a detailed 7 accounting of funds received from all sources, and funds 8 expended. ... ...... 9 : ' ASBESTOS HAZARDS CONTROL LOAN PROGRAM 10 Sec. 6. (a) There is hereby created an Asbestos Haz11 "ards Control Loan Program in the Department of Health, 12 Education, and Welfare (hereinafter referred to as the Loan 13 Program). The Loan Program shall be administered by the 14 Secretary or his designee. 15 (b) Loans from the Loan Program shall be available only 16 for the mitigation or removal of asbestos or asbestos materi17 als which pose an imminent hazard to the health and safety 18 of children or employees and which is situated in school 13 buildings. Loans shall be limited to projects covering more 20 than 2,500 square feet, in which the asbestos material is at a ' 21 level specified by the Secretary. 22 (c)(1) Loans under this section shall be for a period not 23 to exceed twenty years, shall be interest free, shall be used to 24 provide not more than one-half the cost of the asbestos con-;. \ } CAPCO JEN 0002072 11 1 tainment or removal, and shall be subject to terms and condi2 tions established by the Secretary. 3 (2) The one-half cost restriction contained in paragraph 4 (1)may be waived upon a determination by the Secretary 5 that the fiscal resources of the locality are limited to the 6 extent that imposition of such restriction would prevent par7 ticipation in the program. 8 (d) Applicants for loans from the Loan Program shall 9 submit an application which describes-- 10 (1) the nature of the asbestos problem; 11 (2) the results of preliminary testing (conducted in 12 accordance with professional scientific standards estab13 lished by the Secretary, in consultation with the Task 14 Force) which indicates the asbestos content of the af15 fccted material; 16 (3) the methods which will be used to contain or 17 remove the asbestos materials, in accordance with sec18 tion 7 of this Act. 19 (e) The Secretary shall establish a prevailing rate for 20 containment or removal work performed with loan funds pro21 Aided under this section, determined on the basis of prevail22 ing wage rates in the location of such work. 23 (0 The Secretary is authorized to establish additional 24 requirements or procedures which shall govern the loan 25 application or awrard process. CAPCO JEN 0002073 12 1 (g) The Secretary shall make an annual report to the 2 appropriate committees of the House of .Representatives and 3 the Senate which shall describe-- 4 (1) the number of loans and the location of each 5 applicant which have been made in the preceding year; 6 (2) the nature of the asbestos problem of each 7 applicant; 8 (3) the type of containment or removal program 9 which was undertaken; 10 (4) the estimated cost, and the actual cost of miti11 gation efforts; 12 (5) the number and description of applications 13 which have been rejected. 14 SAFETY PROCEDURES 15 Sec. 7. (a) Within one hundred and twenty days after 16 enactment of this section, the Secretary shall promulgate and 17 distribute to the States safety standards and procedures for 18 testing the level of asbestos in schools and for determining 19 the likelihood of the leakage of asbestos into the school 20 environment. 21 (b) All sealing, containment, or removal of asbestos ma22 terials pursuant to this Act, or future-.construction, modifica23 tion, or demolition of schools which contain asbestos materi24 als, shall be conducted in strict accordance with regulations 25 and procedures established by the Occupational Safety and CAPCO JEN 0002074 13 1 Health Administration or procedures established by the Task 2 Force. Any employee engaged in such activity must be noti3 fled in writing of the hazards of working with asbestos, and 4 must utilize all safety procedures to minimize risk to his or 5 her health. 6 (c) No child or school employee shall be permitted in the 7 vicinity of any asbestos containment or removal activity, 8 unless school authorities certify that there is no risk of expo9 sure to the students or personnel. 10 NONDISCRIMINATION 11 Sec. 8. No employer who receives funds under this Act 12 shall discharge or in any other way discriminate against or 13 discipline any worker employed by him or her by reasons of 14 the fact that such worker focuses public attention on the as15 bestos problem in his or her school district. 16 RETAINED RIGHTS 17 Seo. 9. Nothing in this Act shall in any way restrict the 18 rights of any individual or group of individuals, or any public 19 agency or government, to seek any legal redress in connec20 tion with the purchase or installation of asbestos materials in 21 schools, or with regard to any claim of disability or death in 22 connection n'lth exposure to asbestos in a school setting. Nor 23 shall this Act affect any litigation or petitions for administra24 tive action under any statute existing prior to the enactment 25 of this section. In the event that an action uncler section 6 of CAPCO JEN 0002075 14 1 the Toxic Substances Control Act of 1976 is successful and 2 the obligation for mitigation and safety actions is deemed to 3 be the total responsibility of the manufacturers, the Secretary 4 is authorized and directed to seek to recover from such manu- 5 facturers any Federal funds, including administrative costs, 6' expended for programs required by this Act. 7 DEFINITIONS 8 Sec. 10. As used in this Act, the term-- 9 (1) "Secretary" means the Secretary of Health, 10 Education, and Welfare, or his designee; 11 (2) "schools" means any building, structure, or fa- 12 cility which is primarily used as a school for children, 13 either public or private; , 14 (3) "asbestos or asbestos material" means any 15 building materials, sprayed materials, insulation, or 16 other substance which is composed entirely or in part 17 of chrysotile, amosite, or crocidolite, and when they 18 occur in fibrous habit, tremolite, anthophyllite, and 19 actinolite; ; . v. 20 - ' (4) "imminent hazard to the health and safety" 21 means, in regard to section 6, that the asbestos or as- 22 bestos material is, according to "standards established 23 . by the Task Force and approved by ^the Secretary, fri- 24 able or easily damaged, or within easy reach of stu- 25 dents or otherwise susceptible to damage which could i CAPCO JEN 0002076 15 1 result in the dispersal of asbestos fibers into the school 2 environment (including damage from water or air 3 circulation); 4 (5) "State" means each of the several States, the 5 District of Columbia, the Commonwealth of Puerto 6 Rico, Guam, American Samoa, the Virgin Islands, the 7 Commonwealth of the Northern Marianas, and the 8 Trust Territory of the Pacific Islands. 9 AUTHORIZATIONS 10 Sec. 11. There are authorized to be appropriated for 11 fiscal year 1980 and for each of the succeeding fiscal years 12 for the purposes and programs established by this Act, such 13 sums as are necessary. O CAPCO JEN 0002077 H. R. 152496th CONGRESS 1st Session To establish a program for (lie inspection of schools for the presence of hazardous asbestos materials, to create a fund for the testing and evaluation of potential hazards, to create a loan program to assist in the containment or removal of imminent hazards to health and safely, and for other purposes. IN THE HOUSE OF REPRESENTATIVES .January 25, 1979 Mr. Miller of California (for himself, Mr. Weiss, Mr. Thompson, Mr. Corrada, Mr. Maguire, Mr. Philip Burton, Mr. Simon, and Mr. Rich mond) introduced the following bill; which was referred to the Committee on Education and Labor To establish a program for the inspection of schools for the presence of hazardous asbestos materials, to create a fund for the testing and evaluation of potential hazards, to create a loan program to assist in the containment or removal of imminent hazards to health and safety, and for other pur poses. 1 Be it enacted by the Senate and House of Represenla2 tives of the United States of America in Congress assembled, 3 Section 1. This Act may be cited as the "Asbestos 4 School Hazard Detection and Control Act of 1979". i--!: CAPCO JEN 0002078 2 1 Sec. 2. (a) Findings.--The Congress finds that-- 2 (1) exposure to asbestos and materials containing 3 asbestos has been identified over a long period of time 4 and by reputable medical and scientific evidence as sigo nificantly increasing the incidence of cancer and other 6 severe or fatal diseases, such as asbestosis; 7 (2) medical evidence has suggested that children 8 may be particularly susceptible to environmentally in9 duced cancers; 10 (3) medical science has not established any safe 11 level of exposure to asbestos as a threshold above 12 which the likelihood of developing illness occurs; 13 (4) substantial amounts of asbestos, particularly in 14 sprayed form, were used in school buildings, especially 15 during the period 1946-1972; 16 (5) partial surveys in some States have indicated 17 that there exists in a number of schools asbestos mate18 rials which have become damaged or friable, from 19 which asbestos is being or may be dislodged into the 20 air; 21 (6) asbestos concentrations far exceeding the 22 normal ambient air levels have been found in schools V 23 with damaged asbestos; 24 (7) the Department of Health, Education, and 25 Welfare and the Environmental Protection Agency, as I CAPCO JEN 0002079 3 1 well as several States, have attempted to publicize the 2 potential hazards to schoolchildren and employees from 3 asbestos, but there does not exist any systematic or 4 mandatory program for identifying hazardous condi5 tions in schools, or for remedying them; 6 (8) there exists no health standard regulating the 7 concentration of asbestos in the nomvorking environ8 ment, such as a school; 9 (9) custodial workers, teachers, and other school 10 employees may be exposed to hazardous concentrations 11 of asbestos in school buildings; 12 (10) without an improved program of information 13 distribution, technical and scientific assistance, and fi14 nancial support, many school districts and States will 15 not be able to mitigate the potential asbestos hazards 16 where they occur in their schools. 17 (b) Purposes.--It is the purpose of this Act to-- 18 (1) mandate the Secretary of Health, Education, 19 and Welfare, in conjunction with other appropriate offi20 cials, to establish a task force to direct Federal efforts 21 to ascertain the extent of the danger to the health of 22 schoolchildren and employees from asbestos materials 23 in the schools; 24 * (2) require States to prepare a plan which estab25 lishes a program for the systematic inspection of all i CAPCO JEN 0002080 4 1 school buildings in order to identify the presence of as2 bestos or asbestos materials in hazardous conditions; 3 (3) provide scientific and technical assistance to 4 the States and local school boards in conducting the 5 survey, related tests, and evaluations; 6 (4) establish an Asbestos Hazards Detection Fund 7 from contributions provided by manufacturers of asbes8 tos, from which will be provided the nonlocal share of 9 moneys for inspection, sampling, and testing programs; 10 (5) provide loans for the mitigation of serious as11 bestos hazards which constitute an imminent danger to 12 the health and safety of schoolchildren and employees; 13 (6) assure that no employee of any school district, 14 State or local government, or Federal agency, suffers 15 any disciplinary action as a result of calling attention 16 to potential asbestos hazards which may exist in 17 schools. 18 TASK FORCE 19 Sec. 3. (a) Within thirty days aft 3r the enactment of 20 this section, the Secretary shall designate the members of an 21 Asbestos Hazards School Safety Task Force (hereinafter re22 ferred to as "Task Force"). The Task Force shall be com*' 23 posed of persons knowledgeable of the scientific and medical ' 24 problems associated with exposure to asbestos, and of per25 sons knowledgeable of procedures and programs for the con- CAPCO JEN 0002081 5 1 tainmcnt or removal of asbestos from buildings. Membership 2 on the Task Force shall be composed of, but not limited to, a 3 representative of the United States Office of Education, the 4 National Cancer Institute, the Environmental Protection 5 Agency, the National Institute of Environmental Health Sci 6 ences, the Occupational Safety and Health Administration, 7 and representatives of the public organizations concerned 8 with education and health. In selecting membership from 9 other Federal agencies or departments, the Secretary shall 10 accept the persons nominated by the Secretary or Adminis 11 trator of that department or agency. The Secretary shall des 12 ignate a Chairman of the Task Force. 13 (b) Non-Federal members of the Task Force shall be 14 reimbursed for actual expenses incurred in conjunction with 15 their service on the Task Force, and shall receive a per diem 16 compensation at a rate not to exceed that of a GS-16. 17 (c) The Task Force shall convene no later than thirty 18 days after the appointment of its members, at the call of the 19 Chairman. 20 (d) The duties of the Task Force shall include-- 21 (1) the preparation of educational materials for 22 distribution to the States and local school boards in 23 conjunction with the plan required in section 4 of this * 24 Act; i CAPCO JEN 0002082 6 1 (2) the compilation and dissemination of medical, 2 scientific, technological, and other materials, reports, 3 instructions, and information to State and local govern4 ments and to local school boards explaining the health 5 and safety hazards associated with asbestos materials, 6 the means of identifying, sampling, and testing materi7 als suspected of containing asbestos; 8 (3) the review and approval of State plans and ap9 plications for reimbursements and loans pursuant to 10 sections 5 and 6 of this Act; 11 (4) the establishment of criteria concerning the 12 levels of hazards posed by asbestos in advanced stages 13 of disrepair which may constitute an imminent danger 14 to the health and safety of schoolchildren and employ15 ees, upon which will be based eligibility for loans pur16 suant to section 6 of this Act; 17 (5) making recommendations to the Secretary on 18 the awarding of grants for technical assistance pursu19 ant to section 5 of this Act. 20 STATE PLAN 21 Sec. 4. (a) No later than September 1, 1979, each 22 State shall submit to the Secretary a plan for the notification 23 of administrators of all schools within that State's jurisdiction 24 of the health hazards associated with exposure to asbestos, 25 and recommended methods for the safe, orderly, and expedi I CAPCO JEN 0002083 1 tious containment or : 2 petent scientific or men., 3 which pose an imminc: 4 persons utilizing sue: 5 elude-- 6 (1) a tine 7 asbestos heal;!, 8 such State:-: / . 9 ing such hazard 10 uary 1, I9?f>: 11 (2) a o 12 utilized in lo'-..: 13 cordance v.it' 14 tary in accord-" 15 (3) a lit. 16 removal ol ah 17 pursuant to - 18 ancc with iv-t. 19 tided, That mu-1 20 than Scptcnibi" 21 granted by the ' 22 stances; 23 (4) pro 24 presence of a.: 25 containment or t CAPCO JEN 0002084 8 1 (5) the identification of a State agency or other 2 administrative unit with the responsibility for the prep 3 aration of the plan and the administration of the con 4 trol program which it describes. 5 (b) The Secretary shall approve a plan which meets the 6 requirements of subsection (a) of this section: Provided, That 7 it has been reviewed and approved by the Task Force. The 8 Secretary may not approve any plan which has been rejected 9 by the Task Force. 10 ASBESTOS HAZARDS DETECTION FUND 11 Sec. 5. (a) There is hereby created an Asbestos Haz 12 ards Detection Fund (hereinafter referred to as the "fund") in 13 the Department of Health, Education, and Welfare. The fund 14 shall be administered by the Secretary, or by his designee. 15 All moneys accruing to the fund shall be deposited in the 16 Treasury of the United States, together with all interest ac 17 cruing thereon. Withdrawals from the fund shall be made 18 only by the Secretary for purposes authorized under this Act. 19 (b) Payments Into the Fund.--(1) Any company 20 which was engaged in the mining, manufacture, or importa 21 tion of asbestos between the years 1946 and 1972 shall make 22 payments into the fund. The total of contributions to the fund 23 shall not exceed $30,000,000. Each company's financial obli 24 gation to the fund shall be a percentage equivalent to its CAPCO JEN 0002085 9 1 proportion of asbestos mining, manufacture, or importation 2 during the period 1946-1972 (adjusted to 1979 value). Each 3 company shall pay into the fund no less than one-third of its 4 total obligation in each of the three years subsequent to the 5 enactment of this Act. 6 (2) Each manufacturer of asbestos products shall make 7 available to the Secretary an audit with an accurate account8 ing of (i) the amount of asbestos products it produced in the 9 period 1946-1972; (ii) a description of the products and their 10 use; and (iii) other pertinent data as the Secretary may re11 quire. 12 (3) The Secretary and the Attorney General of the 13 United States are authorized and directed to subpena the rec14 ords described in subsection (2) of this section, together with 15 any and all supplemental data which either may deem neces16 sary to assure than an accurate payment is made by each 17 company into the fund. All information received by the Sec18 retary under this Act from an asbestos manufacturer shall 19 remain confidential with the Secretary. 20 (c) Payments From the Fund.--(1) Units of local 21 government with the responsibility for the administration and 22 safety of schools may apply to the Secretary for a reintburse23 ment from the fund for up to half of the costs of surveying 24 and testing school buildings in order to determine whether 25 hazardous concentrations of asbestos or asbestos products H.R. 1524------ 2 CAPCO JEN 0002086 10 1 exist in schools of that jurisdiction. Such application shall 2 contain, in addition to supplemental information which the 3 Secretary may require-- 4 (i) a description of the proposed survey, including 5 testing techniques; G (ii) an estimate of the total cost of the survey; 7 (iii) the identification of any party which may be 8 engaged to conduct the testing, including a description 9 of the party's professional expertise for such testing: 10 Provided, That any testing facility shall meet compe11 tenev standards established by the Secretary. 12 (2) The Secretary shall designate, in conjunction with 13 the Task Force, those costs which are reimbursable under 14 subsection (1) of this section. Such costs shall include-- 15 (i) administrative costs of preparing and supervis16 mg the survey; 17 (ii) costs of conducting visual inspections of school 18 buildings; 19 (iii) sampling of building and insulation materials; 20 (iv) appropriate tests to determine the level of as21 bestos content in suspected materials; and 22 (v) air sampling and testing, if deemed essential to 23 determining the likelihood ofimminent danger. 24 (3) The Secretary shallmakereimbursements from the 25 fund for a period of three years following the date of enact- I CAPCO JEN 0002087 11 1 ment. Moneys remaining in the fund at that time shall be 2 returned, on a proportional basis, to the contributing asbestos 3 manufacturers. 4 (4) Subject to the approval of the Secretary, a contribu5 tor may provide asbestos testing and analysis services for 6 school districts or other entities which require such testing, in 7 lieu of a portion of its contribution, not to exceed 50 per 8 centum of such contribution. Rates for such analysis and test9 ing shall be established by the Secretary at a rate equal to 10 the prevailing fee for such services. 11 (5) The Secretary may allocate up to 20 per centum of 12 the moneys from the fund for use in the education and techni13 cal assistance programs authorized by this Act. 14 (6) Recipients of grants under this section shall file a 15 report with the Secretary no later than one hundred and 16 twenty days after receipt of the grant describing the detec17 tion and testing activities which were undertaken, the re18 suits, and the plan for mitigating any imminent hazards 19 which had been detected. The report shall include a detailed 20 accounting of funds received from all sources, and funds 21 expended. 22 ASBESTOS HAZARDS CONTROL LOAN PROGRAM 23 Sec. 6. (a) There is hereby created an Asbestos Haz- $ 24 ards Control Loan Program in the Department of Health, 25 Education, and Welfare (hereinafter referred to as the "loan I CAPCO JEN 0002088 12 1 program"). The loan program shall be administered by the 2 Secretary or his designee. 3 (b) Loans from the loan program shall be available only 4 for the mitigation or removal of asbestos or asbestos materi- 5 als which pose an imminent hazard to the health and safety 6 of children or employees and which is situated in school 7 buildings. Loans shall be limited to projects covering more 8 than two thousand and five hundred square feet, in which the 9 asbestos material is at least per centum asbestos. 10 (c) Loans under this section shall be for a period not to 11 exceed twenty years, and shall be interest free, under terms 12 and conditions established by the Secretary. 13 (d) Applicants for loans from the loan program shall 14 submit an application which describes-- 15 (1) the nature of the asbestos problem; 16 (2) the results of preliminary testing which indi- 17 cates the asbestos content of the affected material: 18 Provided, That such testing shall meet professional sci- 19 entific standards established by the Secretary and the 20 Task Force; 21 (3) the methods which will be used to contain or 22 remove the asbestos materials, in accordance with sec- 23 tion 7 of this Act. 24 (e) The Secretary shall establish a prevailing rate for 25 containment or removal work performed with loan funds pro- i CAPCO JEN 0002089 13 1 vided under this section. The Secretary shall not award a 2 loan for an amount in excess of the prevailing wage in any 3 location. 4 (0 The Secretary is authorized to establish additional 5 requirements or procedures which shall govern the loan ap6 plication or award process. 7 (g) The Secretary shall make an annual report to the 8 appropriate committees of the House of Representatives and 9 the Senate which shall describe-- 10 (1) the number of loans and the location of each 11 applicant which have been made in the preceding year; 12 (2) the nature of the asbestos problem of each ap13 plicant; 14 (3) the type of containment or removal program 15 which was undertaken; 16 (4) the estimated cost, and the actual cost of miti17 gation efforts; 18 (5) the number and description of applications 19 which have been rejected. 20 (h)(1) Upon the making of any loan from the loan pro21 gram tinder this section, and to the extent such loan remains 22 outstanding, the United States shall be subrogated to any 23 legal rights to recover such amount or assert a claim against 24 any person or organization relating to the subject matter of a 25 loan made from the loan program. Any recipient of a loan i CAPCO JEN 0002090 14 1 from the loan program shall execute and deliver instruments 2 and papers and take whatever steps are necessary to secure 3 such rights in the United States in order to entitle the United 4 States to the entry of a judgment by a court and payment 5 under this Act. No loan shall be made unless and until such 0 steps have been taken. Except as provided for herein, to the 7 extent that the loan remains due and owing, any purported 8 limitation on the right of the United States to act as assignee 9 or to become subrogated to the rights of the recipient of a 10 loan from the loan program shall be without any effect. 11 (2) If the United States recovers from any person or 12 organization any amount by the exercise of rights subrogated 13 or assigned in subsection (1), the recipient of the relevant 14 loan shall be entitled to forgivenes of any loan amounts still 15 due and owing, but only to the extent that such recovery 16 exceeds the costs of obtaining recovery plus interest that 17 would have been charged if the relevant loan had been made 18 at prevailing commercial rates. 19 SAFETY PROCEDURES 20 Sec. 7. (a) Within one hundred and twenty days after 21 enactment of this section, the Secretary shall promulgate and 22 distribute to the States safety standards and procedures for 23 testing the level of asbestos in schools and for determining 24 the likelihood of the leakage of asbestos into the school envi 25 ronment. t CAPCO JEN 0002091 15 1 (b) All sealing, containment, or removal of asbestos ma2 terials pursuant to this Act, or future construction, modifica3 tion, or demolition of schools which contain asbestos materi4 a!s, shall be conducted in strict accordance with regulations 5 and procedures established by the Occupational Safety and 6 Health Administration or procedures established by the Task 7 Force. Any employee engaged in such activity must be noti8 fied in writing of the hazards of working with asbestos, and 9 must utilize all safety procedures to minimize risk to his or 10 her health. 11 (c) No child or school employee shall be permitted in the 12 vicinity of any asbestos containment or removal activity, 13 except if school authorities certify that there is no risk of 14 exposure to the students or personnel. 15 NONDISCRIMINATION 16 Sec. 8. No employer shall discharge or in any other 17 way discriminate against or discipline any worker employed 18 by him or her by reasons of the fact that such worker focuses 19 public attention on the asbestos problem in his or her school 20 district. 21 RETAINED RIGHTS 22 Sec. 9. Nothing in this Act shall in any way restrict the 23 rights of any individual or group of individuals, or any public 24 agency or government, to seek legal redress under any State 25 or Federal statute in connection with the purchase or instal- CAPCO JEN 0002092 16 1 lation of asbestos materials in schools, or with regard to any 2 claim of disability or death in connection with exposure to 3 asbestos in a school setting except as provided in section 6fh) 4 of this Act. Nor shall this legislation affect any litigation or 5 petitions for administrative action under any statute existing 6 prior to the enactment of this section. In the event that an 7 action under section 6 of the Toxic Substances Control Act of 8 1976 is successful and the obligation for mitigation and 9 safety actions is deemed to be the total responsibility of the 10 manufacturers, the Secretary is directed to seek to recover 11 from such manufacturers any Federal funds, including admin12 istrativc costs, expended for programs required by this Act. 13 DEFINITIONS 14 Sec. 10. As used in this Act, the term-- 15 (a) "Secretary" means the Secretary of the De16 partment of Health, Education, and Welfare, or this 17 designee; 18 (b) "schools" means any building, structure, or fa19 cility which is primarily used as a school for children, 20 either public or private; 21 (c) "asbestos or asbestos material" means any 22 building materials, sprayed materials, insulation, or 23 other substance which is composedentirely or in part \ 24 of chrysotilc, amosite, or crocidolite,and when theyi i CAPCO JEN 0002093 17 1 occur in fibrous habit, tremolitc, anthophyllite, and 9 aetinolite; 3 (d) "imminent hazard to the health and safety" 4 means, in regard to section 6, that the asbestos or as 5 bestos material is, according to standards established 6 by the Task Force and approved by the Secretary, fri 7 able or easily damaged, or within easy reach of stu 8 dents or otherwise susceptible to damage which could 9 result in the dispersal of asbestos fibers into the school 10 environment (including damage from water or air circu 11 lation); 12 (e) "State" means each of the several States, the 13 District of Columbia, the Commonwealth of Puerto 14 Rico, Guam, American Samoa, the Virgin Islands, the 15 Commonwealth of the Northern Mariannas, and the 16 Trust Territory of the Pacific Islands. 17 AUTHORIZATIONS 18 Sec. 11. There are authorized to be appropriated for 19 the fiscal years 1980, 1981, and 1982, for the purposes and 20 programs established in this Act, such sums as are necessary. O i CAPCO JEN 0002094 rr^ib kWv 56664^- , ' k jLGW\ . `~VY\ 0- O A ' ROLES AND REGUt ''IONS ----- t<?jTO-6CL-M] Till* 49--Transportation the MTB. All submissions, including transportation during the year (one late submissions, that were received on out of a thousand) and if on the aver the proposal were fully considered by age 1 percent of the contents of the CHAPTER I--RESEARCH AND SPECIAL'' PROGRAMS ADMINISTRATION, DE PARTMENT OF TRANSPORTATION [Docket No. HM-160; Arndt. Nos. 172-47, the MTB in the development of this inal rule. Need To Regulate the Transportation op Asbestos bags so damaged were released, the' A total amount of asbestos released per year would equal about 7.5 tons. These calculations give a general idea of the - -;.1t magnitude of asbestos fiber that . 173-123, 171-33. 175-7, 176-6. 177-14] Several commenters felt that the would be released, given a 99.9 percent TRANSPORTATION OF ASBESTOS . Miscellaneous Amendment / AGENCY: Materials Transportation Bureau. Research and Special .Pro grams Administration, DOT. ACTION: Final Rule. MTB had failed to establish a need to regulate the transportation cf asbes tos. One of the commenters suggested that there was no need for the pro posed regulatory control of asbestos In transportation because the "methods and procedures now. in use for the packaging and transport of asbestos meet the requirements of Part 173. efficiency factor for "bag integrity" in transportation, and a 99.0 percent effi ciency factor in minimizing the amount of asbestos released given a tear in the bag. The rather evident fact that asbestos has been accidental ly released during transportation has not been contradicted by . anything submitted to the public docket on this i "J SUMMARY: These amendments re' 24(A)(sic) of the Transportation Act, rulemaking action. One commenter,, quire shipments of commercial asbes that is 'under conditions normally in for example, in discussing the use of tos fibers to be packaged In rigid, air cident to transportation there will be open-bed trailers with side racks and tight or dust and sift proof packag no significant release of the hazardous tarpaulins to transport asbestos stated ings. Except when the shipment is b> materials to the environment* and `the that there Is/no evidence that the use private Carrier, non-rigid packages, effectiveness of the packaging will not- of such trailers "has contributed to such as bags, must be palletized and be substantially reduced * (t)he bag breakage and the release of air unitized using slirink-wrapping or proposal contains no documentation to borne concentrations of asbestos strapped fiberboard wrapping. These justify additional regulation/' This fiber." The Asbestos Information As amendments represent minimum commenter, while apparently believing sociation. an incorporated nonprofit safety requirements and are Intended that asbestos is a hazardous material, organization representing 51 firms in to reduce the risks to the public was incorrect In suggesting that asbes the United States and Canada engaged health associated with the generation tos is currently regulated by tbe MTB; in the manufacture or processing of of airborne concentrations of asbestos or In suggesting that the purpose of asbestos-containing products ar.d the that may result from the packaging Notice 78-3 was to Justify the addition mlning/miliing of asbestos fibers, and handling of asbestos fiber ship ments In commercial transportation. EFFECTIVE DATE: These regula tions are effective April 30, 1979. al regulation by the MTB of asbestos in transportation. The transportation of asbestos is not now regulated by the MTB. It was precisely the purpose of Notice 78-3 that it should be. If, as the stated that with "the very large volume of asbestos shipped, occasional container damage may occur." Although several commenters who discussed this matter do not contend ADDRESS:_ All written comments re commenter suggests, the transporta that asbestos has not been released In ceived In this rulemaking action are tion of asbestos is now "in compliance transportation, they generally are of available for examination during regu with pertinent provisions of the Trans the view that the amounts that are lar business hours in the Dockets portation Act," this rulemaking action being released are not significant or of. Branch, Room 6500, Trans Point will formalize and insure in a uniform a sufficient amount to pose an unrea Building, 2100 Second Street SW., and systematic manner that this is the sonable risk to public health. The Washington. D.C.. case. MTB does not agree; it believes that FOR FURTHER INFORMATION CONTACT: Douglas A. Crockett, Standards Divi sion, Materials Transportation Bureau, Research and Special Pro grams Administration, 2100 Second Street SW., Washington, D.C. 20590, phone 202-426-2075. Another commenter stated that Notice 73-8 did "not establish a foun dation for regulation, in that it does not document, or even allege for that matter, the actual release of. fiber during the transportation of asbestos." As was pointed out In Notice 78-3, the MTB has "no detailed information on the amount of asbestos fibers released the amounts of asbestos fibers that are being released now, or would be re leased in the future, In the absence of ' these amendments, may pose an un reasonable risk to health. Several commenters were concerned with the statement appearing in Notice 78-3 that "asbestos in its sever al commercial forms, poses serious SUPPLEMENTARY INFORMATION: during transportation." The MTB does health hazards to individuals subject On March 2,197.. notice of proposed not now regulate asbestos, and has not to long term exposure to airborne as rulemaking (HM-160; Notice 73-3) was therefore systematically collected acci bestos concentrations." One com published In the Federal Register (43 dent data on the amounts of asbestos menter stated that "not all long-term FR 8562) stating that the MTB was released in transportation or data on exposures to airborne concentrations planning to exercise regulatory con the frequency of such accidents. Most pose any health hazards V* An trol over the transportation of asbes asbestos fiber, however, is currently other commenter suggested that the tos. Specific regulatory requirements shipped in bags, and It is undeniable -statement needed "more explicit defi were proposed for the control of cer that these bags can and do break, or nition" and that "reference .should tain forms of asbestos (e.g., milled or can be and are being torn or punc have been made to unanswered ques crude asbestos fibers). No require tured, with a consequent release of tions within the scientific community ments were proposed for asbestos some or all of the bag contents. It can concerning mineral type, fiber size and fibers which are immersed or fixed in be speculated, moreover, that If all of smoking in the asbestos-cancer rela a natural or artificial binder material, the 750,000 tons of asbestos annually tionship." One commenter stated that or for manufactured products contain shipped In the United States ` were there is a dose-response relationship ing asbestos. Interested persons were packaged In, as one commenter states, between exposure to asbestos and dis Invited to participate In the rulemak the "standard package" of a 100-pound ease causation, and that this conclu ing proceeding through submission of bag; and If as little as one-tenth of one sion is supported by an OSHA state written comments on the proposal to percent of these bags were damaged In ment from its June 7, 1972 preamble EEDE2AI REGISTER VOL 43. NO. 233--MONDAY, DECEM3EX 4, 1976 CAPCO JEN 0002095 RUl$ AND REGULATIONS . 56665 to Its standard for exposure to asbes tamlnating trace element. The amend aging and shipping practice* currently tos dust (37 TP. 11318}. The OSHA ments apply only to asbestos in' its , in effect. As one commcnter pointed statement is that: "No one has disput several commercial forms since It is out: - ' ed that exposure to asbestos of high enough intensify end long enough du ration Is causally related to asbestosis and cancers" (emphasis - added). Al those forms ot asbestos that have been firmly established as posing serious health hazards to individuals. A new paragraph has been added which Commercial asbestos is fluffy. It Is dlffi* cull to pack this material In a rigid contain er. and. because the fiber would gradually compact during shipment, it would be diffi-' though the MTB had also quoted this would define commercial asbestos as cult to remove It for introduction Into the statement In Notice 78-3, the words any material or product containing as manufacturing process. It would also be ex underlined for emphasis had been In bestos that has commercial value be advertently omitted. Under these cir cause of Its asbestos content, and ap cumstances, some commenters appar propriate modifications have * been ently felt that the MTB was asserting made Iri the amendments to reflect the view that because, according to some commenters. asbestos is ubiqui this clarification. This new paragraph . is identified In this amendment as' tremely cumbersome. If not Impossible, to empty rigid containers effectively and rapid ly imo hoods designed for bags. Spillage would do doubt occur and workers would be. unnecessarily exposed to fibers. Another commenter recommended tous, long term exposure to ambient paragraph (b) (paragraphs (b) and (c) that a DOT Specification 56 portable levels of asbestos fibers poses serious health hazards to all people, without in the notice are now paragraph* <c) and (d), respectively). tank he Included In the amended rule as an acceptable package "for the regard to their occupational or para- . One commenter recommended that transportation of asbestos-type prod occupational.status. It was not the In tention of the MTB to assert this view. That there are or can be `'undisputed grave consequences from exposure to asbestos" <37 FR 113)8)- does not depend on the questioned, conclusive^ ness of the evidence reported by OSFLA (40 FR 47652) regarding the po tential health hazards posed by low. level, brief or intermittent exposure to. asbestos. The MTB relics on the fore going Federal Recister references for the general view that exposure to as bestos may pose an unreasonable risk - to the public. the scope of Notice 78-3 be amended to include, iu addition to asbestoe fibers, "all mineral and man-made (fibers) which have been identified by U-S. Government agencies as being carcinogenic and which ru?y pose seri ous health risk." Gn December 9, 1976, the MTB published an Advance Notice of Proposed Rulemaking (41 FR 53824) in Docket No. HM-J45 entitled `'Environmental and Health Effects Materials." In that Notice, the MTB announced that it was considering whether new or additional transporta tion controls are necessary for certain classes of materials which arc not gen ucts." This commcnlcr stated that "with the use of equipment designed for the purpose, the D.O.T. 5G package can be readily filled or emptied with out release of any product dust to the atmosphere or contact with the prod uct by the operator." Another com- reenter insisted that only metal drums . and not fiber drums were acceptable for the transportation of asbestos fibers. These commenters apparently lost sight of the fact that proposed 5173.3090(c)(1) does not "mandate," as one commenter suggested, or even en courage the use of rigid, airtight pack aging such as metal or fiber drums or .Section 173T0P0<a) and (b) erally subject to the existing Hazard even portable tanks. It provides an al Several commenters stated that there are certain mineral ores, ore con centrates and milled mineral products which may have trace amounts of as* be'stos, or minor amounts of asbestos occurring as contaminants; They sug gested chat these materials presented ous Materials Regulations. The ques tion of whether all mineral and man made fibers, which have been identi fied by U.S. Government agencies as being carcinogenic and which pose an unreasonable risk to public health, should be controlled In transportation will be considered in terms of the fur no risk to property and, little, if any, risk to public health and safety in transportation. Moreover, since the packaging requirements proposed in Notice 78-3 applied to only certain kinds of asbestos, namely milled or crude asbestos fibers produced by an ther development and resolution of the issues associated with Docket HM145. Notice 78-3 however, pointed out that a large number of comments were received In Docket HM-145, and that a considerable amount of staff evalua tion of these comments was still re asbestos mill, they further suggested quired before it would be possible to that only "commercial asbestos fibers" issue a notice or notices of proposed be defined as a hazardous material. rulemaking for environmental and The MTB recognizes that there are' health effects materials, either on a certain mineral ores, ore concentrates comprehensive or on a selective basis. and milled mineral products, as well as other proeucts. tnai contain certain StcrioN 173.1090(c)(1) _ amounts of asbestos., and that the commercial value of these minerals or products is not dependent on their as-b-rstos content. The specific require ments in these amendments for the control of asbestos fibers In transpor tation do not apply to such materials or products, nor do they apply to as bestos as a waste product1 or as a con- - Several commenters objected to the reference made to metal or fiber drums to illustrate the rigid packaging alternative for asbestos fibers. These commenters stated that the asbestos Industry has not developed the technology to use this type of packaging alternative: that available technology is not transferable to the use of metal ternative method of shipping commer cial asbestos fibers. As was indicated in Notice 78-3, the MT13 believes that its proposed non-spectfication packaging standards as applied to the transporta- - tion of commercial asbestos is an ef fective and efficient means of preclud ing potential problems associated with asbestos airborne emissions occurring during transportation; and that they are consistent with the standards of the EPA and the OSHA. Some of the commenters however were also appar ently unaware that the transportation standards for the control of asbestos are designed to-be comprehensive In nature such that, once the standards are. promulgated, commercial asbestos cannot be packaged and transported in any matter not specified in the amend ments. If under more advanced tech nology the use of rigid, airtight pack aging would lessen the likelihood of airborne asbestos emissions associated with bag breakages under current In dustry wide non-uniform non-standardiz^d packaging practices, then It Is necessary that alternative transporta tion standards be available so as not to preclude the development and utiliza tion of such technology. Although the > or fiber drums; and that, among other public record on Notice 78-3 contains 1 Under Docket KM-U5A <43 FR 2?626, Ma7 25. 1973). new standards and proce dures were proposed for the transportation of hazardous w aste materials. That proposal would Include waste asbestos If so identified things, the use of .this alternative statements that the asbestos industry could generate far greater airborne -is seeking to improve the technology concentrations of asbestos than pack- involved in the shipment and handling of commercial asbestos so as to mini by EPA under Section 3001 of the Solid source Conservation and Recovery Act (Pub. mize the possibility for the accidental Waste Disposal Act as amended by the Re- U 94-580). release of such asbestos incident to FEDERAL REGISTER, VOL 43, NO. 233--MONDAY, DECF***E* 4. 1978 CAPCO JEN 0002096 56666 transportation, it is bp no means cer tain that the pace of such technologi cal improvements is rapid enough or that the best, economically feasible technology is being considered. Howerer. the classification of asbestos as an ORM-C will, for the first time, re quire the submission of incident re ports to the MTB by carriers of any unintentional release of asbestos during transportation, and enable the I.IT3 to monitor the safety perform ance record associated not only with the transportation alternatives availa ble under current technology as pro vided for by these amendments, but also with any improvements in that technology. For these reasons, the substance of proposed 173.1090(c)(1) is being re tained but modified to reflect an even broader range of permissible rigid, air tight packaging alternatives. This sec tion now is identified in this amend ment as 173.1090(d)(1) because of the addition of new paragraph (b). ; Section 173.1090(c)(2) Proposed paragraph (c)(2) of Notice 7S-3 covered the transportation alter native of shipping commercial asbestos in bags when in closed freight contain ers. motor vehicles, or rail cars that were loaded by the consignor and un loaded by the consignee. Several coramenters noted that, unless reliance was placed on using the rigid, airtight packaging alternative provided in the proposal, this alternative would pre clude the shipment of asbestos fibers by open-bed trailers. One commcnter noted that there Is "no evidence to in dicate that the use of open-bed trailers with side racks and tarpaulins has con tributed to bag breakage and the re lease of airborne concentrations of as bestos fiber." Another commenter noted that the type of bag permitted by proposed paragraph (cX2) was not specified, and that the shipper could package asbestos in burlap bags, or very thin paper or polyethylene bags which could permit asbestos fibers to be easily released into the air during transit. Another commenter was con cerned with "small volume users of as bestos and customers who. from time to time, require sample shipments for trial production runs of a few hundred pounds." and who under 5 173.1090(c)(2) would be forced to ac quire the exclusive use of a railcar or highway trailer, or rely on the alterna tive provided by 5 173.l090(cXl). Given the lack of detailed data on the amount of asbestos fibers released In transportation and the circum- RULES AND REGULATIONS stances and causes for such release, the MTB is in general agreement with the thrust of these comments: accord ingly, a new paragraph (d)(2) recog nizes less restrictive handling of bagged asbestos than was proposed. Sections 174.840.175.640. 176.906. 177.844 In these Sections. Notice 78-3 had proposed that, inc.dent to its transpor tation, asbestos must be loaded, han dled, and any asbestos contamination removed, in a manner that will prevent occupational exposure to airborne as bestos particles (emphasis added). Some commenters objected to the word "prevent," believing that this word was intended to mean completely precluding the possibility of an acci dent occurring in which asbestos fibers would be released: or completely iso lating people involved in the transpor tation, loading and unloading of asbes tos from exposure to asbestos fibers from whatever source such fiberj were generated. One commenter pointed out that with "the very large volume of asbestos shipped, occasional con tainer damage may occur." Another commenter pointed out. although in a somewhat contradictory fashion, that since "asbestos is ubiquitous." there fore "airborne levels of asbestos fibers can be present in any place of employ ment, regardless of whether or not as bestos or products containing known quantities of asbestos are handled" (emphasis added). The Asbestos Infor mation Association in its comments stated that "asbestos is ubiquitous, and there are no workplace! tchere there is aero occupational exposure to asbestos" (original emphasis). II Notice 78-3 was not as clear as it might have been on this point, it is only necessary to say that the basic purpose of these amendments Is to minimize the exposure to airborne as bestos particles accidentally released during or Incident to transportation; and appropriate changes to Parts 174. 175, 176. and 177 have been made to reflect this purpose. ORM-C Classification Notice 78-3 proposed that the classi fication for "asbestos" would be as an ORM-C. (Other Regulated Material. Group C). Several commenters were uncertain and concerned about the marking requirements associated with ORM-C classifications. One com menter noted that the designation ORM-C would "carry no meaningful warning to the person handling or opening the package." Another noted that the present regulations of the Oc cupational Safety Bind Health Admin istration (OSHA) on labeling require ments for asbestos ecr.vey much more information than an ORM-C marking requirement. These commenters were apparently not completely familiar with the marking requirements associ ated with ORM-C designated materi als. The ORM-C marking not only warns when a package contains haz ardous material, but it is also a certifi cation by the person offering the package for transportation that the material Is properly described, classed, packaged, marked, and labeled (when appropriate) and in proper condition for transportation according to appli cable regulations of the Department. Neither function precludes or pre empts OSHA labeling requirements or creates "contradictory regulatory re quirements for labeling" es one com menter suggested. For these reasons, no changes have been made with re spect to any marking requirements for asbestos packages. .-- ECONOMI c/InFLAT!ON A itY IMPACT In reviewing the potential economic and inflationary impacts associated with the final rule, the MTB has de termined that such impacts will be minimal. Based on the comments re ceived, and the consequent modifica tion of Notice 73-3, the only economic costs associated with final amendment pertain to the reporting requirements to be submitted to MTB on the acci dental releases of commercial asbestos fibers during or incident to transporta tion. The absolute annual magnitude of these costs will be. of course, a func tion of the total number of incident reports that are submitted on acciden tal releases of asbestos fibers: but in view of the undisputed grave conse quences from exposure to asbestos fibers, these reporting requirements will not Impose an unnecessary burden on the economy, on individuals, or on public and private organizations. In consideration of the foregoing. Title 49, Code of Federal Regulations, Parts 172, 173. 174, 175, 176, and 177 arc amended as follows: PART 172--HAZARDOUS MATERIALS TABLE AND HAZARDOUS MATERI ALS COMMUNICATIONS REGULA TIONS l.'In 172.101 the Hazardous Materi als Table is amended by adding a new entry, immediately following "Arsine." to read as follows; r. ''I 1 ; t- if: `t s :a\ vss v* FEDERAl itwisree, vol 43, no. 233--mondav, decemse* 4, w CAPCO JEN 0002097 CAPCO JEN 0002098 56668 ROLES AND REGULATIONS . PART 173--SHIPPERS--GENERAL RE TIREMENTS FOR SHIPMENTS AND ?ACKAG!NGS 2. Section 173.1090 is added preced ing Subpart N to read as follows: and unloaded, ar.d any asbestos con tamination of aircraft removed, in a manner that will minimize occupation al exposure to airborne asbestos parti cles released Incident to transporta [Docket No. 78-17: Notice 11 PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS 173.1090 Asbestos. (a) Asbestos includes any of the fol lowing hydrated mineral silicates: chrysotlle, crocidollte, amosite. anthophy'Jite asbestos, tremolite asbestos, actinolite asbestos, and every product containing any of these minerals. (b) Commercial asbestos is any mate rial or product containing asbestos that has commercial value because of its asbestos content. (c) Asbestos which is immersed or fixed in a natural or artificial binder material (such as cement, plastic, as phalt, resins or mineral ore) and man ufactured products containing asbes tos or any materials or products whose commercial value is not dependent on their asbestos content, are not subject to the requirements of this subchapter. (d) Commercial asbestos must be of fered for transportation and trans ported in ti) Rigid, airtight packagings such as metal or fiber drums, portable tanks, or (2) Bags and other non-rigid packagings that are dust and sift proof. When transported by ether than a pri vate carrier by highway, bags and other non-rigid packagings containing asbestos must be palletized and unit ized by methods such as shrink-wTappir.g in plastic film or wrapping in fiberboard secured by strapping. PART 174--CARRIAGE BY RAIL 3. A Subpart M Heading Is added im mediately following 174.812 to read as follows: Subpart M--Detailed Requirements for Other Regulated Materials 4. Section 174.840 is added to read as follows: 1-74.840 Special loading and handling re quirements for asbestos. Asbestos must be loaded, handled, and unloaded, and any asbestos con tamination of rail cars removed, in a manner that will minimize occupation al exposure to airborne asbestos parti cles released Incident to transporta tion. (See 173.1090 of this sub chapter.) PART 17S--CARRIAGE BY AIRCRAFT 5. Section 175.640 is added to read as follows: 175.C10 Special requirements for other regulated materials.* Asbestos must be loaded, handled.. tion. (See 173.1090 of this sub chapter.) PART 176--CARRIAGE BY VESSEL 6. Section 176.906 is added to read as follows: ' 176.906 Stowage and handling of asbes tos. Asbestos must be stowed, handled, and unloaded, and any asbestos con tamination of vessels removed, in a manner that will minimize occupation al exposure to airborne asbestos parti cles released Incident to transporta tion. (See 173.1090 of this sub chapter.) PART 177--CARRIAGE BY PUBLIC HIGHWAY 7. Section 177.844 is added to read as follows: 177.Sit Other regulated materials. Asbestos must be loaded, handled, and unloaded, and any asbestos con tamination of transport vehicles re moved, in a manner that will minimize occupational exposure to airborne as bestos particles released incident to transportation. (See 173.1090 of this subchapter.) (49 U.S.C. 1803. 1804, 1808; 49 CFR 1.53(e).) Note.--The Materials Transportation Bureau has determined that these amend ments do not require a regulatory analysis under the items of Executive Order 12044 and DOT implementing procedures (43 FR 9582). A regulatory evaluation is available for review in the docket. Issued In Washington. D.C.. on No vember 27, 1978. L. D. S vntsiax, Director, Materials Transportation Bureau. [FR Doc. 78-33771 Filed 12-1-78; 8:45 ami [4910-59-M] CHAPTER V--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRA TION, DEPARTMENT OF TRANS PORTATION New Pneumatic Tires--Passenger Cars AGENCY: National Highway Traffic Safety Administration (NHTSA), De partment of Transportation. ACTION: Final rule. SUMMARY: Pursuant to petitions by the Michelin Tire Corporation (Mlchelin) and by the Rubber Manufacturers Association (RMA), this notice amends Federal Motor Vehicle Safety Stand ard No. 109. New Pneumatic Tires-- Passenger Cars, by adding four new tire size designations to Table I of Ap- _ pendix A of the standard. The amend ment permits the Introduction into in terstate commerce of the new tire sizes. EFFECTIVE DATE: January 3. 1979. if objections are not received prior to that date. ADDRESS: Comments should refer to the docket number and be submitted to Room 5103, Kassil Building, 400 Seventh Street SW,, Washington. D C. 20590. FOR FURTHER INFORMATION CONTACT: John Diehl. Office of Vehicle Safety Standards. National Highway Traf fic Safety Administration. 400 Sev enth Street SW., Washington. D.C. 20590(202-426-1714). SUPPLEMENTARY INFORMATION: According to agency practice, the Na tional Highway Traffic Safety Admin istration responds to petitions for adding new tire sizes to.Table I of Ap pendix A of Standard No. 109 by quar terly issuing final rules under an ab breviated rulemaking procedure for expediting such routine amendments. On July' 13. 1975, Michelin peti tioned for the addition of two new tire size designations requested to be locat ed in a new table, I-QQ within Appen dix A of Standard No. 109. On July IS. 1978. and August 3, 1978. the RMA pe titioned for the addition of two new tire size designations to existing tables within Table 1 of Appendix A of the standard. The bases for accepting or denying requests to add new tire size designations are set forth In Introduc tory guidelines to the appendix (Octo ber 5, 1968, 33 FR 14964, as amended May 4. 1971, 36 FR 8208; July .22, 1971,-- 36 FR 13601; and August 13,1974, 39 FR 23930). The four new tire size des ignations requested to be added to i FEDERAL REGISTER, VOl. 43, NO. 233--MONDAY, DECEMBER 4, 17 CAPCO JEN 0002099