Document 7R21kE4wnz3pz3qepZkBZxQn6

TUESDAY, OCTOBER 14, 1975 PART V: ENVIRONMENTAL PROTECTION AGENCY NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS Asbestos and Mercury KMX 01200 48292 RULES AND REGULATIONS Title 40--Protection of Environment] Demolition and Renovation. A com Several comments were received which CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY [7RX. 431-2] ment was received during review of the stated that operating machinery could be amendments within the Agency that damaged by wetting procedures during ducts can be Insulated with amounts of certain renovation operations. The wet friable asbestos material similar to those ting during renovation of a heated boiler, PART 61--NATIONAL EMISSION STAND on boilers, tanks, reactors, turbines, fur near sensitive electric -equipment, and ARDS FOR HAZARDOUS AIR POLLUTANTS naces -and structural member's, and over operating machinery in an indus Amendments to Standards for Asbestos and Mercury should be covered by the demolition and trial plant were mentioned as specific ex renovation regulations. Since demolition amples. One comment also stated that and renovation operations can involve' portable local exhaust ventilation sys On October 25, 1974 (39 FR 380G4). ducts insulated with appreciable quanti tems `are effective alternatives to wet pursuant to section 112 Of the Clean (pr ties of friable asbestos material, "ducts" ting. The proposed amendments have Act, aa amended, the Administrator pro has been added to the list of apparatus been changed to allow the use of local posed amendments to national emission that are covered by the amendments. exhaust ventilation systems when dam standards for the hazardous air pollu The comment was made that the quan age to equipment from wetting is un tants asbestos and mercury. The Ad tity of friable asbestos material proposed avoidable, provided that the system cap ministrator also proposed amendments to as the minimum amount for establish tures the asbestos particulate material Appendix B, Test Methods, of this pap. ing renovation operations as major produced during the removal of friable Interested persons representing indus sources of asbestos subject to the pro asbestos material and discharges no visi try, trade associations, environmental posed amendments was arbitrary, but ble emissions from its exhaust. The Ad groups, and Federal, State and local gov should also apply to demolition opera ministrator will make determinations, ernments participated in the rulemaking tions. The Agency explained in the pre upon request, of Whether damage to by sending comments to the Agency. amble to the proposed amendments that equipment from wetting would be un Commentators submitted 40 letters, this amount of asbestos is typically con avoidable. many with multiple comments. The com tained in a four-unit apartment build Several comments were received which ments have been considered, and the ing, which is the maximum size for apart stated that the proposed frequency for proposed amendments have been reeval ment buildings excluded from the demoli submitting to the Agency written notices uated. Each comment, some of which tion provisions. Therefore,' the minimum of intention to perform repetitive reno were submitted by more than one party, quantity of friable asbestos material cov vation work at a single facility was ex has been separately addressed in writing ered by the demolition and renovation cessive. One commentator suggested that by the Agency. The Freedom of Informa tion Center, Room 202 West Tower, 401 M Street, SW, Washington, D.C. has copies of the comment letters receivejd and a summary of the issues and Agency provisions is essentially equivalent. The definitions for "emergency renovation" Agency considered applying regulations and "routine maintenance renovation" only to demolition operations in which be included, and that a yearly filing of more than a specified amount of friable- intention to renovate should be allowed asbestos material was involved, prior to for each industrial plant. It Is evident responses available for public inspection. In addition, copies of the issue summary and Agency responses may be obtained upon written request from the EPA Pub lic Information Center (PM-215), 401 M Street, S.W., Washington, DC. 2046b (specify Public Comment Summary-- Proposed Amendments to National Emis sion Standards for Hazardous Air Pol lutants--Asbestos and Mercury). Where determined by the Administrator to be appropriate, changes have been made to the proposed amendments, and the rej vised version of the amendments to th national emission standards for asbesto: and mercury is promulgated herein. Th principal changes to the propose amendments and the Agency's responses to the major comments received are sum-, marized below. Copies of Background Information on National Emission Standards for Haz ardous Air Pollutants--Proposed Amend-j ments to Standards for Asbestos and promulgation of demolition provisions on April 6, 1973 (38 FR 8820). This approach was rejected primarily because it would complicate enforcement procedures. However, the Agency realizes that certain commercial buildings contain smaller amounts of friable asbestos material than the lower size cutoff limit proposed for renovating operations. On reevalua tion. the Agency concluded that the available information justifies changing the proposed amendment to allow exemp tion of demolition operations involving less than 80 meters of friable asbestos pipe insulation and less than 15 square meters of friable asbestos material used to insulate or fireproof any duct, boiler, tank, reactor, turbine, furnace or struc tural member.' The owner or operator of a demolition operation desiring this ex emption must notify the Administrator, at least 20 days prior to beginning demo lition. of the measured or estimated amount of friable asbestos material in from the comments received that some plants perform renovation operations very frequently, such as twice a week. The proposed reporting requirements for such plants would be excessive. The pro posed amendment has been changed so that these requirements are reduced, and the applicability of the requirement is more clearly defined by adding more de tailed language and definitions for "plan ned renovation" and "emergency renova tion" operations. Additionally, the ap plicability of the amendment has been clarified by specifying how the quanti ties of asbestos involved In "planned renovation" and "emergency renovation" are to be determined. The basic charac teristic that distinguishes the two types of renovation operations is the degree of predictability of their occurrence. The amount of friable asbestos material that will be removed or stripped within a given period of time can be predicted for planned renovation operations. In Mercury (EPA-450/2-74-009a) which ex-| plains the basis for the proposed amend volved in the demolition. This will permit the exception to be Implemented without cluding both scheduled and non-scheduled operations, whereas no such predic ments are available on request from the requiring prior inspection of every site tion can be made for emergency renova Emission Standards and Engineering Di by Agency personnel, which would be an tion operations. The given period of time vision, Research Triangle Park, North! excessive enforcement burden. This dif for predicting purposes has been speci Carolina 27711, Attention: Mr. Don R fers from the reporting requirements of fied to be between 30 days and one year Goodwin. the renovation provisions of the amend for planned renovation operations in Asbestos ments. The nature of renovation opera volving individually non-scheduled op CHANCES TO PROPOSED AMENDMENTS tions necessitates a greater familiarity on erations. A reporting time shorter than the part of the operator with the quanti 30 days would require the submission Manufacturing. The Agency received ties of friable asbestos materials present and review of a large number of reports, numerous comments stating that the than for demolition operations. For this and predictions over periods longer than proposed amendments should apply only reason, the Agency believes that it is not one year could give inaccurate predic to asphalt concrete manufacturing plants necessary to require reports from all ren tions of friable asbestos material to be that use asbestos. This was the Agency's ovation operations in order to ensure ef removed. In emergency renovation oper intent. Section 61.22(c) has been revised fective enforcement of the renovation ations, the amount of friable asbestos by the addition of the wording, "that use provisions that apply to only larger reno material that is subject to the amend commercial asbestos." vation operations. ment is the total amount of such mate- EEDERAL REGISTER, VOL. 40, NO. 199 TUESDAY, OCTOBER 14, 197S RULES AND REGULATION. 48293 nal that will be removed or stripped as a result of the Individual emergency. One commentator stated that the pro* posed amendment covering renovation could be circumvented by the carrying out of small portions, which are Individually not subject to the amendment, of a larger operation. Section 61.17 has been added to the General Provisions to explicitly prevent this potential circumvention and to apply In general to circumvention of all standards promulgated under this Based on Agency enforcement experi ence since promulgation of the standard on April 6, 1973. the required reporting of spraying operations where less than 1 percent asbestos material is used Is felt to be unnecessary. Accordingly, the Agency has revised the reporting require ments of paragraph 61.22(e) to apply only to spray-on Insulation and fireproof ing material that contains more than one percent asbestos by weight. Waste Disposal. The proposed amend taining wastes, as noted above. Accord ingly. the amendments promulgated here in apply to Inactive disposal sites that have previously been operated by certain sources covered by the asbestos stand ard. The owner of such an Inactivated site must comply with the amendments regardless of whether or not he gener ated the waste or operated the disposal site when It was active. This category of sites Includes asbestos mill tailings dis posal sites, and the large disposal sites part. ' ments would have applied directly to all at asbestos manufacturing and fabricat One commentator stated that a re waste disposal sites that accept asbestos ing plants which have caused concern quirement in J 61.22(d) (2) (vi) of the waste from any emission source covered In the past. The owners or operators of proposed amendments was Inconsistent under the asbestos standard. The Agency spraying, demolition and renovation op and should be revised. This section re estimated that approximately 2500 dis erations have not operated disposal sites quired that friable asbestos material re posal sites would be covered. Review of In the past and are not expected to do so moved from buildings greater than 50 these proposed amendments within the In the future. Due to the nature of such feet In height be transported to the Agency indicated that enforcement would operations, the wastes generated are de ground via dust-tight chutes or contain have required a disproportionate com posited at waste disposal sites which ac ers. The cited Inconsistency arises be mitment of Agency resources. Alterna cept mostly non-asbestos-containing cause this requirement applied at all tive means of controlling asbestos emis waste. As a result, the asbestos waste is heights. Including those less than SO feet, sions from waste disposal sites were effectively covered, thereby preventing for a building 50 feet or gretaer In height, therefore examined. emissions even in open dumps. For these whereas it did not apply to buildings less The number of acceptable waste dis reasons, inactive waste disposal sites that than 50 feet In height. The requirement posal sites that meet the criteria In S 61.- have been used by spraying, renovation has been changed so that it applies only 22(j) (3) of the proposed amendments, and demolition are not regulated. to materials that have been removed or stripped at more than 50 feet above ground level. Several minor changes have been made In response to comments. Language has been added to allow delivery of notices which are similar to the criteria for san itary landfills, has Increased significantly within the past several years and the trend is continuing in that direction. This trend is noted In a recent publica tion ("Waste Age." January 1975). This The amendments promulgated herein will control Inactive asbestos waste dis posal sites that contain large quantities of asbestos waste. The Agency's enforce ment resources will be more effectively utilized since approximately 2000 waste of Intention to renovate or demolish to Indicates that acceptable sites (i.e., pri disposal sites will not be directly regu the Administrator by means other than vate and municipal sanitary landfills) lated by the promulgated amendments. the U.S. mall. There is a minor clarifying which follow practices that reduce as This should facilitate enforcement and language change between 9 61.22(d)(2) bestos emissions will be available for dis protection of the public health. . (1) of the proposed demolition provisions posal of asbestos-containing waste. The comment was made that the pro and the corresponding provision. 61.22 Therefore. It was determined that an ef posed permanent posting of warning (d) (4) (1), of the regulations promulgated fective means of reducing emissions from signs at inactive asbestos waste disposal herein.. A comment suggested the term waste disposal sites without undue en sites would be overly restrictive. The "adequately wetted" should be defined forcement burdens would be to require warning signs were Intended primarily to and differentiated from "thoroughly wet already-regulated asbestos waste genera warn the general public of the potential ted." since both terms appeared in the tors to dispose of asbestos-containing hazards that could result from creating proposed amendments. The use of these wastes at properly operated disposal sites. dust by such disturbances as walking on terms has been reevaluated, and a defini This is provided for In the amendments exposed asbestos waste. If the disposal tion of "adequately wetted" has been herein promulgated. site Is properly covered over as required added. The term "thoroughly wetted" The Agency's greatest concern Is with by the alternative methods of complying has been deleted and the term "ade disposal sites which accept large quan with the proposed amendment for waste quately wetted" has been used through tities of asbestos waste. In most cases, disposal sites, such minor disturbances out. companies which generate large quan will not generate asbestos emissions. Ac The Agency has made a revision In the tities of asbestos-containing waste also cordingly. the proposed amendment has proposed requirement (g 61.22(d) (1) ] for own and operate their own disposal sites been changed, and warning signs are not notification of Intention to perform reno because of convenience and economics. required if an Inactive disposal site ap vation or demolition operations. An addi For example, all domestic asbestos mills plies and properly maintains a covering tional reporting requirement for the operate their own tailings disposal sites. of compacted non-asbestos-contalnlng name and location of the waste disposal The Agency anticipates that these large material at least 60 centimeters (ca. 2 site where demolition and renovation waste generators will operate their dis feet) In depth, or at least 15 centimeters waste will be deposited has been added to posal sites In the future In compliance (ca. 6 Inches) In depth with a cover of assist In enforcing the waste disposal pro with the proposed 5 61.22(1) in order to vegetation. The proposed amendment visions of the amendments. meet the requirement that they dispose would have also required that active as Spraying. During review of the amend of their waste at a acceptable sites. bestos waste disposal sites post warning ments within the Agency, a question Inactive disposal sites may also be ma signs. The amendments promulgated arose concerning whether the waste gen jor emission sources if they contain large herein do not apply directly to active dis erated by operations that use spray-on amounts of asbestos waste. It is likely posal sites, and the specified operating materials which contain less than one that at inactive sites containing small practices for acceptable disposal sites do percent of asbestos by weight to insulate amounts of asbestos waste the asbestos Is not require the posting of warning signs or fireproof buildings, structures, pipes covered by non-asbestos waste, and the provided an appropriate cover of at least and conduits was covered by the asbestos chance of significant asbestos emissions 15 centimeters (ca. 6 Inches) of non-as waste disposal amendment [5 61.22<J'l. is small. It was decided to require that bestos-contalnlng material Is applied to The spraying provisions do not apply to those inactive sites which are known to the active portion of the site at the end such operations, though reports of the contain large quantities of asbestos com of each operating day. Comments were operations were required by the stand ply with the standards specified in sec received that suggested the Agency ard promulgated on April 6. 1973. There tion 61.22(1) to reduce asbestos emis should allow the use of existing natural fore, the waste disposal processes asso sions. This category of asbestos waste barriers as substitutes for fences that are ciated With these operations are not regu disposal sites is usually operated by the Intended to deter access to some types of lated by the waste disposal amendments. sources that generate the asbestos-con asbestos waste disposal sites. The Agen- FEDERAL REGISTER, VOl. 40, NO. 199--TUESDAY, OCTOBER 14, 197S 48294 RULES AND REGULATIONS cy agrees that certain natural barriers, Several commentators requested that ment has been changed to provide an such as deep ravines and steep cliffs, can the proposed alternative method of com exemption for wetting of tailings below be as effective os fences in deterring ac pliance included In the asbestos waste this temperature. Only one existing do cess. The proposed amendment has [been disposal amendments, which specified mestic asbestos mill is expected to use changed to suspend the requirements for that the waste be formed Into non-fliable the exemption to a significant extent. fences, and also warning signs, when a pellets, be changed to accommodate An examination of hourly temperatures natural barrier provides an adequate de shapes other than pellets. The precise representative of the location of that terrent to public access. Upon request size and shape of the processed, non- plan, and extending over a period of one and supply of appropriate Information, frlable waste is not Important, and the year, showed that hourly temperatures the Administrator will determine wheth amendment has been reworded to ex are below 15F for approximately 7 per er a specific type of fence or a natural plicitly permit the forming of asbestos cent of the time. banrler adequately deters access to| the general public. In response to another comment, the proposed amendment for fencing of asbestos waste disposal pltes wastes into pellets or any other shapes. A comment was made during review within the Agency that asbestos-contain ing wastes subject to the proposed Asbestos emissions at asbestos min tailings disposal piles are contributed by the tailing conveying operation, the deposition operation, and wind entrain has been revised to allow fences to be amendment are sometimes used to sur ment of asbestos-containing particulate placed either along the property line of face roadways and that this practice from the surface of the disposal pile. The an affected source that contains a waste should be prohibited. The Agency agrees first emission source is subject to pre disposal site or along the perimeter of the that the use of asbestos-containing viously promulgated regulations (38 FR disposal site Itself. Either type of fence wastes on roadways can cause asbestos 8820), and the latter two sources are sub provides the necessary deterrent to public emissions similar to those caused by the ject to the amendments promulgated access to the disposal site. I use of asbestos tailings on roadways, herein. The major sources of asbestos Several comments were received on the which is prohibited by the asbestos emissions from process gas streams at proposed prohibition of Incineration of standard. Vehicular traffic on roadways asbestos mills, namely effluents from containers that previously contained can pulverize asbestos waste and liberate- crushers, dryers and milling equipment, commercial asbestos. One commentator fibers that can become airborne In the are also covered by the previously prom stated that the prohibition seemed un wake of moving vehicles and by the wind. ulgated regulations (38 FR 8820). The desirable because asbestos Is thermally The use of asbestos-containing wastes amendments promulgated herein. In degraded at a temperature of 600" C. trhe has therefore been prohibited from use cluding an exemption from wetting of Agency considered: (a) the uncertainty on roadways. asbestos tailings at temperatures below that the feed material to an incinerator The proposed amendment for waste -- 9.5" C (15` F), together with the stand will be uniformly heated to the combus disposal at asbestos mills Included a pro ards promulgated on April 6,1973 (38 FR tion chamber temperature, (b) the un certainty concerning the decomposition temperature of asbestos, and (c) the re sults of a stack gas test that detected emissions of asbestos from a sintering process In which the temperature at tained was well above 600" C, in evaluat ing the comment The Agency concluded that the available data do not justify changing the proposed regulation on vision requiring no visible emissions to tiie outside air from the deposition of asbestos ore tailings onto a disposal pile. An alternative method of compliance required that the waste be adequately wetted with a dust suppressant agent prior to deposition. Two commentators stated that an exemption from the wet ting requirement of the alternative method is needed when the temperature 8320), represent use of the best available technology for control of emissions from asbestos mills. This Is consistent with the determination of the Administrator that best available technology should be used to control major sources of asbestos emissions to protect the public health with an ample margin of safety. The reporting format of Appendix A has been changed by the addition of grounds that the asbestos Is thermally at the disposal site is below freezing, to paragraphs "C" and "D". to accommo degraded in the combustion process. An prevent freezing of the tailings and per date the addition of disposal of asbestos- other comment suggested that incinera mit continued operation of the asbestos containing wastes and certain Inactive tion should be permitted, provided there mil! at such low temperatures. The inves asbestos waste disposal sites to the are no visible emissions of asbestos par tigation carried out by the Agency prior amendments. The additional Informa ticulate matter from the incinerator [In to proposal of the amendment indicated tion required is essential for determining formation presented to the Agency after that wetting of asbestos tailings is the compliance with the regulations. Ap proposal Indicated that some small lln- only presently available method for effec pendix A has also been revised Into a new clnerators, such as those operated by tively controlling particulate emissions computer format which will promote asbestos manufacturing plants, can j be from the deposition operation. In re more effective enforcement of the regula operated with no visible emissions. The sponse to the comments received, the tions. Section 61.24 has been revised to proposed prohibition on lncineratlon| of Agency further investigated the cold reflect the additional reporting Informa containers that previously held commer weather operational problems of disposal tion requested in Appendix A. - cial asbestos has been deleted. The pro systems for wotted asbestos tailings. Dis visions of the amendments for the dis cussions wore he'd with operators of three ADDITIONAL COMMENTS posal of asbestos-containing waste mate Canadian asbestos mills that frequently Manufacturing and Fabrication. One rials apply In particular to the disposal operate undo- cold weather conditions comment questioned the need for In of containers that previously held com and have ins''died tailings wetting sys cluding asphalt concrete manufacturing mercial asbestos. Therefore, these con tems. with a firm that is experienced in plants In the proposed amendments. The tainers can be Incinerated under the designing systems to suppress dust gen rationale for Including asphalt concrete amendments, provided the Incineration erated by marc rials conveying operations, plants as major sources of asbestos Is operation does not discharge visible and with several non-asbestos mineral discussed In the background Informa emissions. Two commentators suggested that the proposed amendments should not require that EPA warning labels be attached to containers of asbestos waste in addition to the warning.labels specified in regula tions issued by the U.S. Department (of mining facilities that operate wetting systems for crushing and conveying oper ations. The investigation revealed that several Canadian asbestos mills are pres ently experimenting with wet tailings disposal svs'ems to extend operation to ............. tuves ub&tantially below freez tion document for the proposed amend ments (EPA-450/2-74-009a>. Two com mentators suggested that the manufac ture of asphalt concrete containing less than 3 to 5 percent asbestos In the total mixture should be exempt from the regu lations. However, asbestos asphalt con Labor. Occupational Safety and fleai'h Administration (OSKA). Tire Agency agrees that both labels adequately con vey the desired Information: therefore, the proposed amendment has been changed to allow the OSHA ware mg label to be used In place of the F.'PA warning label. ing Hra ver. :ho Agency is aaare of ii > such sy .trm that has operated in a con tinuous manner at temperatures below --95'C - la F>. Accordingly, the Agency has concluded that wet tailmgs disposal svstems for asbestos mills are- not avail able for :i .po-a! ; ife temperatures below 0 j C '5 1 V . ara! '.tie proposed amend crete typically contains 1 to 2 percent asbestos, and the Agency determined that asbestos asphalt concrete operations using even these low percentages of asbestos are major sources. No data or information were received that would indierfe asphalt concrete plants are not FEDERA1 REGISTER, '.'Cl >,'0 toy--TUESDAY. OCTOBER 14, '975 RULES AND REGULATIONS 48295 major sources, and the regulation'; pro mulgated herein apply to such sources. The Agency received two comments that the individual emission sources within an asbestos asphalt concrete plant which are subject to the proposed amendments should be specified. The Agency feels that revisions are not necessary. Only com ponent operations that may emit asbes tos are covered by the provisions: for example, if no asbestos Is added to the aggregate dryer, the emissions from the dryer alone are not covered. The possibility that the enforcement of the amendments promulgated herein for asphalt concrete plants may be in conflict with the enforcement of new source performance standards for as phalt concrete plants was raised by one commentator. It is possible that both the new source performance standard and the national emission standard for asbes tos will apply simultaneously to emissions from some operations at some new and modified plants. Where this occurs, the visible emission standard promulgated herein applies to asbestos particulate matter, even though it Is more restric tive than the opacity regulation of the new source performance standard. A more stringent standard is justified when asbestos is being processed because of the hazardous nature of asbestos. Comments were received that the pro posed definition of "fabricating" needed to be clarified. The Agency reviewed the definition and determined that changes In the definition are not necessary. Fabri cating Include; any type of processing, excluding field fabrication, performed on manufactured products that contain commercial asbestos. The Agency ac knowledges that some component proc esses of asbestos fabricating operations could generate visible emissions in such a manner that the visible emissions do not contain asbestos generated by the process, though the commentators did not cite any specific examples. The Agen cy has observed this type of process in asbestos manufacturing operations. For example, visible emissions of organic materials are sometimes generated dur ing the curing of asbestos friction prod ucts In operations where asbestos is bound into a matrix of non-asbestos material but the asbestos Is not trans ferred Into the. emission stream. Such operations are in compliance with the standard of no visible emissions contain ing particulate asbestos material. One commentator stated that some field fabrication operations release significant amounts of' asbestos. The Agency's Investigation prior to proposal of the amendments showed that there is only limited field fabrication of asbestos products other than insulating products. The fabrication of friable asbestos in sulation was determined to be the only major asbestos field fabrication source, and thl3 is regulated by prohibiting the use of such materials after the effective date of the amendments promulgated herein..In the Judgment of the Adminis trator, the comment did not contain suf ficient Information to Justify Including other categories of asbestos field fabrica tion In the amendments. One commcnta- tor recommended that the Agency im pose a standard of 0.03 grain per cubic foot for asbestos emissions in addition to the no-visible-emission standard. It is the judgment of the Agency that there are no sufficiently reliable emision meas urement techniques to provide a basis for such a numerical standard and the set ting of numerical standards should be delayed until accurate asbestos measur ing techniques are available. Demolition and Renovation. Comments were received which suggested that the proposed renovation provisions should not apply to operations carried out with in buildings, or to operations regulated by the Occupational Safety and Health Administartion (OSHA) for worker ex posure to asbestos. The Agency recognizes that there may be less asbestos emis sions from stripping of friable asbestos materials within a structure than from stripping in an unenclosed area. However, asbestos from the stripping operation carried out within a building or structure can be discharged into the outside air from building ventilation systems, win dows and doors. Further, the disposal of friable asbestos waste materials gener ated by renovation operations, which in cludes the transport of waste materials to a disposal site, is an emission source that needs to be controlled regardless of whether the renovation is performed in the outside air or in buildings. In the judgment of the Administrator, the con trol of such asbestos emissions is neces sary and is part of the best available con trol technology. The OSHA regulations (29 CFR 1910.93a) require that, . . in sofar as practicable . . .," asbestos mate rial be removed while wetted effectively to prevent emission of asbestos in excess of the specified OSHA exposure limit, but also specifically require that employees shall be provided with respiratory equip ment for all spraying, demolition and re moval of asbestos materials. The purpose of the OSHA standard, to protect em ployees' health, can be achieved by the use of respiratory equipment, even in those situations where wetting is not im plemented and emissions may produce concentrations in excess of the OSHA ex posure limit. The extent to which the re sulting concentrations in the outside air are protective of public health is un known. Accordingly, the proposed reno vating provisions do not exempt opera tions that are controlled by OSHA regu lations. Two commentators stated that the al ternative to the wetting requirement In the demolition provisions at sub-freezing temperatures should be allowed at all temperatures. In contrast, another com mentator suggested that suspension ol the wetting requirements at sub-freez ing temperatures should be subject to a permit procedure that would discourage demolition at sub-freezing temperatures. The alternative was proposed because, in the judgment of the Agency, -worker safety would be unduly jeopardized by the unsafe footing caused by ice forma tion from water use under freezing con ditions. The proposed alternative is less restrictive on demolition contractors than a second course of action that was considered, namely the prohibition of demolition under freezing conditions. The proposed alternative suspends only a portion of the wetting requirements under freezing conditions. Pipes, ducts, boilers, tanks, reactors, turbines, fur naces and structural members Insulated or fireproofed with frlable'asbestos ma terials must be removed from the build ing In sections, to the maximum extent practicable, before wrecking ol the build ing. The stripping of asbestos materials from the previously removed sections must be accompanied by wetting at all temperatures, and the resulting asbestos waste materials must be wetted at all temperatures. These procedures do not jeopardize worker safety. Therefore, the promulgated demolition provisions are based on the use of the best available emission control methods at all tempera tures, and these methods are different for non-freezing and freezing conditions. Another comment Indicated that . sprayed fireproofing was the only.type of asbestos material that could cause as bestos emissions to the atmosphere dur ing demolition. operations, and that molded Insulation is not readily released Into the air. The Agency has inspected both types of materials and has found that some types- of molded Insulation and plaster that contain asbestos are friable. Therefore, buildings containing these -materials are covered by the amendments promulgated herein. Comments were received that the Agency has a responsibility to develop asbestos measurement methods and de termine by use of measurement methods whether demolition Is a major source of asbestos emissions. The Agency keeps abreast of newly developed measurement techniques in the asbestos industry, and the development of asbestos measure ment techniques Is currently being fund ed by the Agency. No new Information on . measurement techniques was received In the comments. The Agency previously made the determination that building demolition is a major source of asbestos emissions, and no new Information has been submitted to demonstrate that It Is not a major source. Demolition and ren ovation operations generate short-term exposures of urban populations to asbes tos. Since promulgation of the demoli tion regulations on April 6, 1973, new biological evidence supporting the signif icance of single short-term exposures of asbestos has been obtained. One-day In halation exposures In animal experiments have produced an Increase In the In cidence of mesothelioma. (Wagner, J. C,, Berry, G., and Timbrell, V., "The Effects of the Inhalation of Asbestos In Rats", Bt. J. Cancer 29, pp. 252-269, 1974). A copy of this article Is available for inspec tion at the Public Information Reference Center, Room 2404, Waterside Mall, 401 M Street, SW, Washington, D.C. 20460. It can be concluded that human asbestos exposure for periods typically required to perform demolition and renovation oper ations is hazardous. Therefore, the Agency has not changed Its prior deter mination that building demolition Is a major source of asbestos emissions. An other commentator was concerned that FEDERAL REGISTER, VOl. 40, NO. 199--TUESDAY, OCTOOCR 14, 1975 48296 RULES AND REGULATIONS the demolition sources now covereld by the asbestos standard as major sources were not defined as major sources by the National Academy of Sciences (NAS) study, which was cited by the Agency as a basis for the demolition regulation. The NAS study did not define categories of asbestos materials other than sprhyed fireproofing as major emission sources because data were available at that lime on fireproofing only. The Agency had concluded prior to proposing asbestos standards on December 7, 1971 that any friable asbestos material used for insu lation or fireproofing has a comparable potential to create asbestos emissions upon demolition or renovation as sprayed fireproofing, and therefore these mate rials are also covered by the regulations. Several comments were received stat ing that the definitions of "friable as bestos material," "asbestos," and "as bestos'material" are vague and subjective and remain constitutionally deficient for a regulation enforceable by criminal pro ceedings. The Agency reevaluated the definitions and concluded that they arc sufficiently clear that the owners or op erators subject to the amendments can reasonably be expected to understand these terms. Owners or operators should be able to Identify covered material and comply with the regulations on the basis of the definitions supplied. Comments were made suggesting the Agency describe more specifically a prop er wetting operation. The purpose of the wetting requirements is to reduce the amount of asbestos dust generated dur ing demolition operations. Many differ ent procedures would accomplish this; therefore, the Agency believes that spec ifying such procedures is neither nec essary nor appropriate. A new definition of "adequately wetted" was added to the regulations promulgated herein. The Agency believes that owners or operators of demolition operations are familiar with proper wetting procedures. Two comments were made stating that the proposed demolition and renovation amendments are not emission standards and that asbestos emissions must j be proved in determining compliance with the regulations. Congress has specified that EPA should set emission standards for hazardous air pollutants. EPA, charged with implementing this require ment, has determined that the term "emission standard" includes work prac tice requirements designed to limit emis sions. The position taken by the Admin istrator on this issue in the promulga tion of the original regulations on asbestos on April 6, 1973 <38 FR 8830) Is unchanged here. The demolition and renovation regulations require certain work procedures to be followed. Th:se methods of control are required because of the Impossibility at this time of pre scribing and enforcing allowable numeri cal concentrations or mass emiss: on limitations. One difficulty in prescribing a numerical emission standard is the rsiative Inaccuracy of asbestos analyti -al methods. Dr. Arnold Brown, testifying in a recent court case involving asbestos emissions [United States et at. v. reserve. Mining Co. et al., 498 F.2d 1073.1079, (8th Clr., 1974) 1 stated, "It la reasonable to assume an error In the count of fibers In both water and air of at least nine times on the high side to one-ninth on the low side." Further testifying on the same subject. Dr. Brown stated, "... I do not recall having been exposed to a procedure with an error this large, and whicffpeople have seriously proposed a number based on this very poor proce dure." Moreover, there is no place to measure the total emissions from a demolition or renovation operation. The Agency has determined that violations of the work practices specified in the demolition section will result in emissions of asbestos. Considering these facts, the prescription of work practices is not only a legally permissible form of an emission standard, but also the only practical and reasonable form. Waste Disposal. A number of com mentators questioned the relationship betv/een the proposed no-visible-emis-. sions requirements in the proposed asbestos waste disposal provisions and tlie alternative methods for complying with the requirement. The following points were included in tire comments: 1. Can any of a variety of waste dis posal methods be used to meet the no-' visible-emissions limit? 2. Various other methods of disposal should be specified as alternatives. 3. The inclusion of a no-visible-emis sions requirement in portions of the alternative methods of compliance is a paradox.` ' 4. Various alternatives are either not feasible or are unnecessary for some specific waste disposal operations. As stated in 3$ 61.22 (j) and (k) of the proposed and promulgated amendments, a requirement for affected sources that dispose of asbestos waste is no visible emissions during waste disposal opera tions. This provides affected sources flex ibility in developing and using those dis posal techniaues most suitable to individ ual needs. The Agency recognizes that the best available disposal methods for some of the sources may not be capable of preventing visible emissions during a minor portion of some of the disposal operations. Therefore, alternative meth ods of compliance that represent the best available disposal methods have been in cluded in tire regulations. Sources are not required to use these methods; they may use other methods that achieve no visible emissions. However, sources may elect to use one of the specified alternatives. Some of these alternatives result in no visible emissions; others may not. For those alternative methods that may not be capable of preventing visible emissions during all portions of the waste disposal prcce.-s. a requirement has nevertheless been included that there be no visible emissions from those portions of the process that can achieve this perform ance level. The listing of a particular method of waste disposal as an alterna tive method of compliance does not im ply that the method is universally ap plicable or that the use of the method is necessary to achieve no visible emis sions. Some comments questioned whether the proposed amendments would apply to asbestos waste disposal sites that were Inactivated prior to the publication of the proposed amendments. Regulations established under section 112 of the Act are applicable to both existing sources and new sources. The amendments cover previously Inactivated sites as well as sites that become Inactive In the future. However, the proposed amendments have been revised as discussed In "Changes to the Proposed Amendments" so that only owners of sites which have been oper ated by asbestos mills, manufacturing plants, and fabricating plants subject to the asbestos standard must comply with the asbestos amendments proposed here in for inactive asbestos waste disposal sites. Several commentators suggested that certain types of asbestos waste disposed sites should be excluded from the pro posed amendments, depending upon the the rate at which asbestos waste Is de posited at the site, the percentage of the total waste that Is asbestos, the fria bility of the asbestos waste, and the ex tent to which the site is in active opera tion. These comments were considered, but no changes in the proposed amend ments were made as a result of the Agency's reevaluation. It would be ex tremely difficult to enforce regulations that depend'on the rate or asbestos con tent of waste deposition. Further, the provisions promulgated herein shift the focus of the waste disposal requirements away from the site operator to the gen erator of the waste. Because of this, the burden of the requirements on a waste* disposal site operator who accepts only a very small quantity of asbestos waste, and who the commentators desire to exclude from the regulations, Is largely removed. A comment was made that the -pro posed amendments could cause consid erable hardship to small users of asbestos because some waste disposal sites may no longer accept asbestos wastes. There are an estimated 6,000 waste disposal sites in the U.S. which meet the stand ards of a sanitary landfill. A properly operated sanitary landfill complies with the soil-covering requirements of the amendments, and therefore will he af fected only slightly by handling asbestos wastes. Accordingly, the Agency believes that small manufacturers and users of asbestos will not encounter severe prob lems in complying with the amendments for waste disposal sites. Two commentators were concerned that the proposed waste disposal provi sions would cause serious problems in contract hauling arrangements; and In the use of private landfills, municipal landfills, and waste disposal sites leased by generators of the asbestos waste. Since the generator of the waste has the direct responsibility for compliance during the transport of waste and for disposing of the waste at a properly oper ated disposal site, the Agency believes that problems In contract hauling ar rangements can be avoided If the gener ator institutes proper waste handling practices. The Agency also believes that FEDERA l REGISTER, VOL 40, NO.. 199--TUESDAY, OCTOBER 14, 1975 RULES AND REGULATIONS 48297 the deletion in the promulgated amend' ments at some of the proposed require ments tor pasting ot warning signs will remove man; ot the potential problems that were ot concern. Further changes to the proposed amendments were judged unnecessary because they Impose few additional requirements on disposal sites, such as municipal sanitary landfill sites, that are properly operated. A comment suggested that bags which previously held commercial asbestos should be exempt It the bags have been cleaned sufficiently so that shaking the bags will not generate visible emissions of asbestos particulate matter. Even It such wastes do not produce visible emis sions daring the subsequent processing, transporting and depositing operations at a waste disposal site, there Is a need for ensuring proper ultimate waste dis posal because such bags still are likely to contain residual asbestos. The Agency believes that regulations are needed tor this purpose and also for the purpose of ensuring that emissions from the cited method of cleaning bags are properly controlled. Accordingly, the disposal ot bags that have been cleaned In the man ner described has not been exempted from the amendments promulgated herein. Comments were received which stated that the proposed waste disposal provi sions would probably preclude the dis posal of waste asbestos cement pipe In commercial landfills. It Is the Agency's Judgment that commercial landfills which comply with the regulations will be available. Further, the pipe crushing operation that Is conventionally carried out during compaction at the disposal site can alternatively be performed and controlled by gas cleaning equipment at a stationary crusher. ' Mercury changes to proposed amendments The proposed definition of ``sludge dryer" has been revised to indicate more clearly that only sludge drying opera tions that are directly heated by com bustion gases are covered by the amend ment. The amendment does not apply to devices that are Indirectly heated, such as secondary mercury recovery furnaces. A comment suggested that dally sludge sampling and analysis should be required to reveal potential variations in mercury content of the sludge. The daily averages of sludge mercury content are not ex pected to vary significantly, and the Agency believes that the added cost to the owners or operators of such sources for dally sampling and analysis of sludge Is not Justified. Variations In mercury concentration of sludge can occur over longer periods of time, however, nnd a requirement has been added that all fa cilities for which emissions are In excess of 1600 grams per day as determined by the initial compliance test must monitor on a yearly b3sls with the sludge sam pling method. In addition, the Agency has authority to request sludge stunriling and analysis, or stack sampling, and wifi exercise this authority whenever there are Indications that a change In mer cury concentration of the sludge has questioned the derivation of the ambient occurred that would significantly In concentration of 1 microgram per cubic crease mercury emissions. meter, 30-day overage, and Indicated One commentator suggested several that this level should be lower. The revisions to procedures in the proposed Agency evaluated these comments, but sludge testing method. Method 105. The determined that no new information had procedures were reevaluated, and the been presented that had not been pre method has been changed where appro viously considered In the derivation of priate. The proposed section 3.1.3 ot this allowable concentration. Another Method 105 specified a 10 percent solu commentator stated that the restrictive tion of stannous chloride as an alterna meteorological conditions used far sew tive to stannous sulfate. One comment age sludge incineration and drying plants stated that It was Inappropriate to re do not represent the "worst case" mete quire any solution percentage. The orological conditions, end discussed a Agency agrees, and the requirement has specific existing facility as an example. been deleted. Another comment sug The Agency analyzed this comment con gested. that the required use of mercuric sidering the meterologlcal conditions and chloride of Bureau of Standards purity topography at the specific site mentioned to prepare the mercury stock solution is In the comment and concluded that, even not necessary because the precision of with a mercury emission of 3200 grams the method does not demand such parity. per day, the public will be protected with The Agency agrees with this comment, an ample margin of safety at the cited and the method has been changed to facility. .A copy of the Agency response permit the use of reagent grade mercuric to this comment is available for Inspec chloride. The comment was made that tion at the Public Information Reference mercuric solutions should not be pre Center, Room 2404 Waterside Mall, <01 pared In plastic containers. The Agency M St, Wash., D.C. 20460. The Agency is in general agreement with this and knows of no sludge Incineration or drying a statement to this effect has been added facility where the ambient guideline level to Method 105. Section 4.1.1 of the of one microgram of mercury per cubic method specifies that the. ". . . sam meter. 30-day average, will be exceeded. pling devices, glassware and reagents The following comments stating that the should be ascertained free of significant proposed emission limit is too stringent amounts of mercury." A major source of or that additional studies are needed mercury contamination occurs when before promulgation were received: sample solutions and reagents come into 1. The proposed emission limit pro contact with mercury-contaminated con vides an excessive safety factor for some tainers. A comment Indicated that a spe plant locations. . cific quantity should be stated to Indicate 2. The proposed emission limit should how much mercury Is considered, "sig be based on plant size, allowing larger nificant." The Agency believes that the emissions for larger plants. specification of an amount of mercury 3. The Intent of the proposed amend contamination Is inappropriate because ment seems to be to limit the size of new such an amount would be very difficult to plants and require disposal of sludge measure. The mercury contamination of by alternative methods. containers can be reduced to an Insig 4. The regulation seems to be exces nificant amount by properly cleaning sively stringent In order to simplify the such containers before use. The proposed administration of tbe standard for mul paragraph has therefore been changed tiple sources. to specify that sample containers shall 5. There Is not enough Information to be properly cleaned before use by rins justify promulgating the amendment at ing with nitric acid, followed by rinsing this time; the promulgation should be with distilled water. Another comment delayed until further studies are made. suggested that the possible Interferences . In contrast, several comments sug with the analysts of mercury in sludge gested that the proposed emission limit should be delineated and that preventa was too lenient. Since the emission limi tive measures should be given. In re tation is related to an ambient concen sponse. two references In which such In tration, It would be Inappropriate to terferences axe discussed have been allow higher emissions for larger plants. added to Method 165. Concerning plant location. It would be ADDITIONAL COMMENTS impractical to specify a different emis sion limitation for each present or future The Agency has determined that an plant location which reflected local ambient air mercury concentration of 1 meteorological conditions. Moreover, sec microgram per cubic meter averaged tion 112 of the Act provides for a na over a 30-day period will protect the tional standard, and the Administrator public hea'th with an ample margin of has set this standard at a level which safety. The maximum allowable mer will prevent exceeding the specified safe cury emission for sludge Incineration and ambient level at all locations. The drying plants was calculated, by use of Agency determined that there Is suffi meteorological modeling techniques us cient Information to justify promulgat ing restrictive dispersion conditions, that ing emission regulations for sludge In would not result in this ambient concen cinerators and no data or Information tration being exceeded. The resulting . were presented that would Justify chang maximum allowable emission Is 3200 ing the mercury emission limit of 3200 grams of mercury per day. Numerous grams per day. comments were received that questioned A comment was made that the Impact the methodology used to calculate this of multiple sources of mercury emis emission limitation. Several comments sions was not addressed In the derivation FEDERAL REGISTER, VOL 40, NO. 199--TUESDAY, OCTOBER 14, 1975 48298 RULES AND REGULATIONS of the national emission standard for exceed one mlcrogram per cubic meter. standards for hazardous ah pollutants mercury. While the standard does not The Agency has regulated all sources approved for proposal after October 14, include special provisions for multiple that may reasonably be expected to 1974. The amendments recommended for sources, it does provide a large safety cause an ambient mercury concentra promulgation were approved for proposal factor at many sites and this provides a tion of as much as one mlcrogram per prior to this date, and an environmental measure of protection against the [mul cubic meter, 30-day average.- However, Impact statement has not been prepared. tiple source problem. The Agency tpiows the Agency will continue'a policy of in The environmental impact of the stand of no location where existing multiple vestigating any source of mercury that ards has been assessed, however, and is sources of mercury will cause the am it has reason to believe has the potential discussed in the background Informa bient guideline level of one mlcrogram to endanger the public health. tion document <EPA-450/2-74-009a) for of mercury per cubic meter, 30-day aver Another comment stated that the the proposed standards and In the pre age, to be exceeded. The Agency must Agency should give specific suggestions, amble (39 FR 38064) to the proposed approve all new construction or modifi or references should be provided, for dis standards. cation of sources regulated by the posing of mercury-containing sludges on The energy Impact resulting from the mercury standard. During the review of land in a manner that would protect control of asbestos waste disposal opera such construction or modification; the water resources. The Agency's Office of tions at asbestos emission sources and at Agency will assess the Impact that the Water and Hazardous Materials is pre waste disposal sites is expected to be in new or modified sources have on the paring technical publications on various significant since this waste Is already col ambient mercury concentration. If the alternatives for the disposal of sludges, lected and deposited at waste disposal Agency discovers a situation where a and such materials should be available sites. Only a relatively small quantity of source can cause the guideline ambient in the near future. additional waste material is generated as concentration to be exceeded; the na Several comments were made on the a result of better control of particulate tional emission standard will be reevalu mercury collection efficiency of water emissions,from manufacturing and fab ated. In addition, local planning agencies scrubbers. One commentator suggested rication sources covered by the standard. have the capability to prevent multiple that the mercury collection efficiency of, The major energy impact of the amend source pollution problems through individual water scrubbers should be as- ` ments is that resulting from the opera proper land use planning. The Agency sumed to be zero for purposes of deter tion of fabric filtration devices at manu urges these local agencies to consider mining compliance, until positively facturing and fabrication plants. It Is the impact of multiple sources on [such proven otherwise. Another commentator estimated that approximately 170 bag- problems as mercury air pollution when stated that the proposed sludge sampling houses of 1000 acfm capacity will be re making planning decisions. | method should - take into account the quired to comply with the amendments. Comments were received that ques tioned whether all sludge Incineration and drying plants are major sources of amount of mercury that would be col lected by a scrubber. The Agency has de termined that the requirements of the The operation of these control devices will require the consumption of 2.5 mil mercury emissions that must demon standard are adequate. No credit for lion kilowatt hours per year, which Is strate compliance with the standard All mercury removed by water scrubbers is equivalent to 3900 barrels per year of of these facilities have the potential to allowed when compliance is determined Number 6 fuel oil at the power generat emit mercury; the amount of meiicury that is emitted depends upon | the mercury content of*the sludge and the sludge incineration or drying rate.! Ac by sludge sampling and analysis; how ever, if the mercury stack measurement method is used to determine compliance, only the amount of mercury emitted to ing station. The energy Impact resulting from the NESHAPS amendment Is small and Is Justified by the Increased control cordingly, all such facilities must dem the outside air is measured and any mer of asbestos emissions.' _. onstrate compliance with the emission cury collection by the system is taken There Is no energy Impact that results limitation promulgated herein. into account. The Agency has determined from the regulation of mercury emissions A comment was received that the economic Impact of the proposed amend ments on some large facilities may be large, since there may be few or no alter natives for sludge disposal. The Agency estimates that the largest mercury emis sion from an .existing sludge Incinerator or dryer is approximately 500 grams per day, which is approximately one-sixth of the maximum allowable emission. | The time period over which sludge genera tion would Increase in excess of slxj-fold ' that sludge sampling and analysis can be used as an alternative method to de termine maximum mercury emissions, because it is sufficiently accurate. The method is also inexpensive when com pared to a complete stack test. The following comments were received which suggested changes to Method 105 for sludge sampling: 1. A 5 percent potassium permanganate solution is difficult to prepare, and a saturated solution should be required. from sludge Incinerators and dryers. Effective upon promulgation. (Sec. 113 and 114 of the Clean Air Act, as amended (43 U.S.C. 18570-7 and 3)) Dated: October 3, 1975.' John Quarles, Acting Administrator. Part 61 of Chapter I. Title 40 of the Code of Federal Regulations Is amended as follows: - should provide sufficient lead time for 2. Potassium permanganate should be l. The table of sections Is amended as planning an economically feasible alter used to stabilize mercury solutions. follows: nate disposal method, if it is required. 3. Hydroxylamine hydrochloride can The Agency therefore does not foresee a be used in place of the uncommon salt Sec. Subpart A--Gananil Provlalone significant economic Impact for the pear sodium chloride-hydroxylamine sulfate a ' future at any sludge incineration or to reduce excess potassium permanga 61.17 Circumvention. drying plant. | nate. Several comments stated' that other Solutions of 5 percent potassium per sources such as ore processing plaits, manganate can be prepared at room mercury compound manufacturing temperature. The Agency has no experi Subpart B--National Emlaaloo Standard for Asbestos plants, industrial waste Incinerators, coal-fired power plants, and rooms painted with mercury-containing paints should be investigated and regulated if necessary. The Agency previously inves tigated mercury emissions from noiperrous smelting plants, secondary mercury production plants, coal-fired power plants, arid solid waste incineration plants, and determined that ' these ence in using potassium permanganate to stabilize mercury solutions, and has not used hydroxylamine hydrochloride to reduce excess potassium permanga nate. The method has proved to be sat isfactory without the use of the suggested reagents. The Agency believes that the suggested changes are not necessary and the method has not been revised to ac commodate these suggestions. 61 is Waste disposal sites. , aa Subpart E--National Emission Standard for Mercury a a aa 61.54 Sludge sampling. 61.65 Emission monitoring. aa a aa Appendix B--Test Methods s sources do riot emit mercury in such quantities that they are likely to cause Environmental and Energy Impact Method 105--Method for determination of Environmental impact statements mercury In wastewater treatment the ambient mercury concentration to must accompany national emission plant sewage sludges. FEDE UAL REGISTER, VOl. 40, NO. 199--TUESDAY, OCTOBER 14, 1975 RULES AND REGULATIONS 48299 2. The authority citation at the end tions in which load-supporting struc prohibited, except for temporary road of the table of sections for Fart 61 is tural members are wrecked or taken out ways on an area of asbestos ore deposits. revised to read as follows: are excluded. The deposition of asbestos tatunpt or as AtJTBovrrr: sacs. 113 sad 114 of the Clean (n) "Planned renovation" means a bestos-containing waste on roadways Air Act, as amended by see. 4(a) of Pub. L. renovation operation, or a number of covered with snow or lee. Is considered Bl-504, 84 stat. 1878 (43 0.8.C. 18570-7. 1857 such operations, In which the amount "surfacing." 0-0). of friable asbestos material that will be (ci)Manufacturlng: There shall be no . Subpart A--General Provisions removed or stripped within a given pe visible emissions to the outside air, ex riod of time can be predicted. Operations cept as provided in paragraph <f) of this 3. Section 61.14 Is amended.by revising that are individually non-scheduled are section, from any of the following op paragraph (c) and adding paragraph Included, provided a number of such op erations If they use commercial asbestos <d>. The revised and added paragraphs erations can be predicted to occur during or from any building or structure In read as follows: 8 61,14 Some teat and analytical meth ods. tt (C) Hie 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 for sources subject to $ 61.52(b). 4. A new S 61.17 is added to subpart> A as follows: 61.17 Grcumvcntion. 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 otherwise constitute a violation of an applicable standard. Such concealment Includes, but is not limited to, the use cf gaseous dilutants to achieve compliance with a visible emissions standard, and the piecemeal carrying out of an opera tion to avoid coverage by a standard that applies only to operations larger than a specified size. Subpart B--National Emission Standard for Asbestos a given period of time based on operating experience. (o) "Emergency renovation" means a renovation operation that results from a sudden, unexpected event, and is not a planned renovation. Operations necessi tated by non-routine failures of equip ment are included. (p) "Adequately wetted" means suf ficiently mixed or coated with water or an aqueous solution to prevent dust emissions. <q> "Removing" means taking out fri able asbestos materials used to insulate or fireproof any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member from any building, structure, facility, or installation. (n "Stripping" means taking off fri able asbestos materials used for insula tion or fireproofing from any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member. (s) "Fabricating" means any process ing of a manufactured product contain ing commercial asbestos, with the ex ception of processing at temporary sites for the construction or restoration of buildings, structures, facilities or instal lations. (t) "Inactive waste disposal site" 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. (ui "Active waste disposal site" means mv disposal site other than an Inactive site. which such operations are conducted. (10) The manufacture of shotgun shells. (11) The manufacture of asphalt con crete. (d) Demolition and renovation: The requirements of this paragraph shall apply to any owner or operator of a demolition or renovation operation who Intends to demolish any Institutional, commercial, or industrial building (in cluding apartment buildings having more 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 friable asbestos material used to Insulate or fireproof any duct, boiler, tank, reactor, turbine, furnace, or structural member are stripped or re moved. (ini) The ovmet 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 5. Section 61.21 is amended by revising 'paragraph (J) and adding paragraphs (k), (1), <m), (n). <o>, <p>. (q). <r>. <s>. (t). (u). (v), and (w). The revised and added paragraphs read as follows: 61.21 Definitions. <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 subjert to the provisions of this 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) (ID are met. (ii) Written notification shall be post (j) "Demolition" means the wrecking subpart. including asbestos mill tailings, marked or delivered to the Administrator or taking out of any load-supporting control device asbestos waste, friable as at least 20 days prior-to commencement structural member and any related re bestos waste material, and bags or con of demolition and shall include the In moving or stripping of friable asbestos tainers that previously contained com formation required by paragraph (d) (2) materials. mercial asbestos. of this section, with the exception of the <k) "Friable asbestos material" means any material that contains more thin I percent asbestos by weight and that can be crumbled, pulverized, or reduced to powder, when dry, by hand pressure. (1) "Control device asbestos waste'' means any asbestos-containing waste material that is collected in a pollution control device. 6.Section 6! 22 is amended by amend ing paragraphs <c> and <e', revising paragraphs <b>. (d>, (f>. and (g) and adding paragraphs (hi. (i>. (j', (k>, and (!>. The revised and added paragraphs read as fM-nv s- 61.22 Kmi--hjn standard. (88* information required bv paragraphs (d> (2) (iii), (vl), (vli), (viil).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 bo explained. (2) Written notice of Intention to de molish or renovate shall be provided to <m) "Renovation" means the remov ib> Roadways: The surfacing of road the Administrator by tile owner or opera ing or stripping of friable asbestos mate ways w:Ui a bestos tailings or with as tor of the demolition or renovation oper rial used to insulate or fireproof any bestos-containing waste that is gener ation. Such notice shall be postmarked pipe, duct, boiler, tank, reactor, turbine, ated by ar.v source subject to paragraphs or delivered to the Administrator at least furnace, of structural member. Opera - (ci, 'd\ ((.-) or <h) of this section is 10 days prior to commencement of demo- feoerai. r:c:s.p:s, vo:_ 4c. no. 199--Tuesday, October m, 1975 48300 RULES AND REGULATIONS Iition, or as early as possible prior I to wrecking or dismantling of any other members shall, to the maximum extent commencement of emergency demolition portion of such building, structure, possible, be removed aa units or In sec subject to paragraph (d) (6) of this sec facility, or Installation that would pre tions prior to wrecking. In no case shall tion, and as early as possible prior to clude access to such materials for sub the requirements of paragraphs (d) (4) commencement of renovation. Such no sequent removal. Removal of friable (lv) or (d) (4) (v) be suspended due to tice shall Include the following informa asbestos materials used for Insulation freezing temperatures. tion: or fireproofing of any pipe, duct, or (vil) For renovation operations, local (I) Name of owner or operator. structural member which are encased In exhaust ventilation and collection sys <ll) Address of owner or operator. concrete or other similar structural ma tems may be used. Instead of wetting as (Ul) Description of the building, s' terial Is not required prior to demoli specified In paragraph (d) (4) (11), to pre ture, facility, or Installation to be tion, but such material shall be ade vent emissions of particulate asbestos mollshed or renovated. Including quately wetted whenever exposed dur material to outside air when damage to size, age, and prior use of the structure, ing demolition. equipment resulting from the wetting and the approximate amount of friable (11) Friable asbestos materials used would be unavoidable. Upon request and asbestos material used tor insulation and to Insulate or fireproof pipes, ducts, supply of adequate Information, the Ad fireproofing. boilers, tanks, reactors, turbines, fur ministrator will determine whether dam (lv) Address or location of the build naces, or structural members shall be age to equipment resulting from wetting ing, structure, facility, or Installation. adequately wetted during stripping, ex to comply with the provisions of this par (v) Scheduled starting and comple cept as provided in paragraphs (d)(4) agraph would be unavoidable. Such local. tion dates of demolition or renovation. (lv), (d) (4) (vi) or (d)(4) (vll) of this exhaust ventilation systems shall be de (vl) Nature of planned demolition pr section. signed and operated to capture the asbes renovation and method(s) to be em (ill) Pipes, ducts, boilers, tanks, re tos particulate matter produced by the ployed. i actors, turbines, furnaces, or structural stripping and removal of friable asbestos (vll) Procedures to be employed to members that are Insulated or fire material. There shall be no visible enlls- meet the requirements of this paragraph proofed with friable asbestos materials sions to the outside air from such local and paragraph (J) of this section. I may be taken out of any building, struc exhaust ventilation and collection sys (vlll) The name end address or loca ture, facility, or Installation subject to tems, except as provided In paragraph tion of the waste disposal site where the this paragraph as units or In sections (f) of this section. friable asbestos waste will be deposited. provided the friable asbestos materials (5) Sources subject to this paragraph (lx) Name, title, and authority of the exposed during cutting or disjointing are are exempt froih the requirements of State or local governmental representa adequately wetted during the cutting S3 61.05(a). 61.07, and61.09. tive who has ordered a demolition which or disjointing operation. Such units (6) The demolition of a building, struc Is subject to paragraph (d) (6) of this shall not be dropped or thrown to the ture. facility, or Installation, pursuant to section. ground, but shall be carefully lowered an order of an authorized representative (3) (1) Pot purposes of determining to ground level. of a State or local- governmental agency, whether a planned renovating operation (iv) The stripping of friable asbestos issued because that building Is structur constitutes a renovation within the materials used to insulate or fireproof ally unsound and In danger of Imminent meaning of this paragraph, the amount any pipe, duct, boiler, tank, reactor, tur collapse is exempt from all but the fol of friable asbestos material to be re bine, furnace, or structural member that lowing requirements of paragraph (d) of moved or stripped shall be: has been removed as a unit or In sections this section: - (A) For planned renovating opera as provided In paragraph (d) (4) (ill) of (1) The notification requirements spec tions Involving Individually non-sched this section shall be performed in ac ified by paragraph (d) (2) of this section; uled operations, the additive amount of cordance with paragraph (d)(4) (111 of (ii) The requirements on stripping of friable asbestos material that can be pre this section. Rather than comply with friable asbestos materials from previously dicted will be removed or stripped at a the wetting requirement, a local exhaust removed units or sections as specified In source over the maximum period of time ventilation and collection system may paragraph (d)(4)(iv) of this section; for which a prediction can be made. Thje be used to prevent emissions to the out (ill) The wetting, as specified by para period shall be not less than 30 days and side air. Such local exhaust ventilation graph (d) (4) (v) of this section, of fri not longer than one year. systems shall be designed and operated able asbestos materials that have been (B) For each planned renovating op[- to capture the asbestos particulate mat removed or stripped; eratlon not covered by paragraph (d) (3) ter produced by the stripping of friable (iv) The portion of the structure being (1)(A), the total amount of friable ash asbestos material. There shall be no demolished that contains friable asbes bestos material that can be predicted visible emissions to the outside air from tos materials shall be-adequately wetted will be removed or stripped at a source. | such local exhaust ventilation and col during the wrecking operation. (II) For purposes of determining lection systems except as provided In whether an emergency renovating op+ paragraph (f> of this section. (e) \ (2) Any owner or operator who In-' eratlon constitutes a renovation within (v) All friable asbestos materials that tends to spray asbestos materials which the meaning of this paragraph, the have been removed or stripped shall be contain more than 1 percent asbestos on amount of friable asbestos material to adequately wetted to ensure that such a dry weight basis to Insulate or fireproof be removed or stripped shall be the total materials remain wet during all remain equipment and. machinery shall report amount of friable asbestos material that ing stages of demolition or renovation such Intention to the Administrator at will be removed or stripped as a result and related handling operations. Such least 20 days prior to the commencement of the sudden, unexpected event that materials shall not be dropped or thrown of the spraying operation. Such report necessitated the renovation. to the ground or a lower floor. Such ma shall include the following Information: (4) The following procedures shall be terials that have been removed or used to prevent emissions of particulate stripped more than 50 feet above (f) Rather than meet the no-vlslble- asbestos material to outside air: | ground level, except those materials re emission requirements as specified by (1) Friable asbestos materials, used to Insulate or fireproof any pipe, ductj boiler, tank, reactor, turbine, furnace] or structural member, shall be removed! from any building, structure, facility Installation subject to this paragraph Such removal shall occur before wreck-j 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 0C <32F>. paragraphs (a), (c), (d), (e), (h), (j), and (k) of this section, an owner or op erator may elect to use the methods spec ified by 3 61.23 to clean emissions con taining particulate asbestos material be fore such emissions escape to, or are vented to. the outside air. lng or dismantling of any portion of] When friable asbestos fnaterlals are not (g) Where the presence of uncomblned such building, structure, facility, or in wetted due to freezing temperatures, such water is the sole reason for failure to stallatlon that would break up the frl-j materials on pipes, ducts, boilers, tanks, meet the no-vislble-emlssion require , able asbestos materials and before reactors, turbines, furnaces, or structural ment of paragraphs (a), (c), (d), (e). FEDERAL REGISTER, VOL. 40, NO. 199--TUESDAY, OCTOBER 14, 1975 RULES AND REGULATIONS 48301 (h), (J), or <k) of 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 (f) of 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 of cement or sili cate board for ventilation hoods; ovens; electrical panels; laboratory furniture; bulkheads, partitions and ceilings for marine construction; and flow control 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 no commercial asbestos. The provisions of this paragraph do not apply to insu lating materials which are spray applied; such materials are regulated under S 61.22(e). (1) Waste disposal for manufacturing, fabricating, demolition, renovation and spraying operations: The owner or op erator of any source covered under the provisions of paragraphs (c), (d), (e>, or <h) of this section shall meet the fol lowing standards: (1) There shall be no visible emissions to the outside air, except as provided in paragraph (JX3) of this section, dur ing the collection: processing. Including Incineration; packaging; transporting; or deposition of any asbestos-containing waste material which Is generated by such source. (2) All asbestos-containing waste ma terial shall be deposited at waste dis posal sites which are operated In accord ance with the provisions of 5 61.25. (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 under (J)(3>(i) and (li) of this section, or an alternative disposal method which has received prior approval by the Ad ministrator: (1) Treatment of asbestos-containing waste material with water: (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 cept as provided in paragraph (f> of this section. (B) After wetting, all asbestos-con taining waste material shall be scaled 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 9 61.25. (C) The containers specified under paragraph (j).(3) (i) (B) of this section shall be labeled with a warning label that states: CAUTION Contains Asbestos Avoid Opening or Breaking Container Breathing Asbestos Is Hazardous to Your 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) (ii) may be used. <ii> Processing of asbestos-containing waste material into non-frikble 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 in accordance with the provisions of 61.25. <B> There shall be no visible emis sions to the outside air from the collec tion and processing of asbestoscontaining waste material, except as specified in paragraph <f) of this sectiori. (4) For the purposes of this para graph (j), the term all asbestos-con taining waste material as applied to demolition and renovation operations covered by paragraph (d) of this sec tion includes only friable asbestos waste and control device asbestos waste. (k) Waste disposal for asbestos mills: The owner or operator of any source covered under the provisions of para graph (a) of this section shall meet the following standard: (l) There shall be no visible emis sions to the outside air, except as pro vided in paragraph (k) (3) of this section, during the collection, processing, pack aging, transporting or deposition of any asbestos-containing waste mate rial which is generated by such source. (2) All asbestos-containing waste ma terial shall be deposited at waste disposal sites which are operated in ac cordance with the provisions of 61.25. (3) Rather than meet the requirement of paragraph (k)(l) of this section, an owner or operator may elect to meet the following requirements in para graphs (k)(3> (i) and (ii), or use an alternative disposal method which has received prior approval by the Admin istrator: <i> There shall be no visible emissions to the outside air from the transfer of control device asbestos waste to the tailings conveyor, except as provided in paragraph (f) of this section. Such waste shall be subsequently processed either as specified in paragraph (kt(3)(ii) of this section or as specified in paragraph <j)(3) of this section. (iii All asbestos-containing waste materia] shall be adequately mixed, with 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 the 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 --9.5C (ca. 15"F). The ambient air temperature shall be determined by an appropriate measurement method with an accuracy of 1*C (d:2F) 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 9 61.22 (a), (c) or (h) and where asbestos-containing waste material produced by such sources was deposited, shall meet the following standards: (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. ' (2) 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 was deposited, at intervals of 100 m (ca. 330 ft) or less, except as specified In paragraph (1X4) 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. The signs shall display the following legend In the lower panel, with letter sizes and styles of a visibility at least equal to those specified in this paragraph. LEGEND Asbestos Waste Disposal 8m Do Hot Create Dust Breathing Asbestos Is Hazardous to Your Health Rotation 1" Sans Serif, Gothic or Block *4" Sana Serif, Gothic or Block 14 Point Gothto Spacing between lines shall be aU 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 (1) (4) of this section. (4> Warning signs and fencing are not required where the requirements of paragraphs (1) (5) (i) or (il) of this sec tion are met, or where a natural barrier 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) Rather than meet the requirement of paragraph (1)(1) 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 FEDERAL REGISTER, VOL. 40, NO. 199--TUESOAr, OCTODSR 14, 1975 4S302 RULES AND REGULATIONS has received prior approval by the disposal site where asbestos-containing and controls wind erosion. Such agent Administrator.' waste material has been deposited, except shall be used as recommended for the (I) The asbestos-containing waste as provided In paragraph (e) of this particular dust by the dust suppression material shall be covered with at least section. agent manufacturer. Other equally ef 15 centimeters (ca. 0 Inches) of com (b) Warning signs shall be displayed fective dust suppression agents may bo pacted non-asbestos-containing mate at all entrances, and along the property used upon prior approval by the Admin rial, and a cover of vegetation shall be line of the site or along the perimeter of istrator. For purposes of this paragraph, grown and maintained on the area ade the sections of the site where asbestos- waste crankcase oil Is not considered a quate to prevent exposure of the asbes containing waste material Is deposited, dust suppression agent. tos-containing waste material: or at Intervals of 100 m (ca. 330 ft) or less (II) The asbestos-containing waste except as specified In paragraph (d) of material Shall be covered with at least 60 this section. Signs shall be posted In such Subpart E--National Emission Standard for Mercury centimeters (ca. 2 feet) of compacted a manner and location that a person may 10. Section 61.50 Is revised to read as non-asbestos-contalnlng material and easily read the legend. The warning follows: maintained to prevent exposure of the signs required by this paragraph shall asbestos-containing waste; or | conform to the requirements of 20" x 14" 61.50 Applicability, (III) For Inactive waste disposal sites upright format signs specified in 29 CFR The provisions of this subpart are ap for asbestos tailings, a resinous or petro 1910.145(d) (4) and this paragraph. Ihe plicable to those stationary sources which leum-based dust suppression agent which signs shall display the following legend process mercury ore to recover mercury, effectively binds dust and controls wind In the lower panel, with letter sizes and use mercury chlor-alkall cells to produce erosion shall be applied. Such agent shall styles of a visibility at least equal to chlorine gas and alkali metal hydroxide, be used as recommended for the partic those specified in this paragraph. and incinerate or dry wastewater treat ular asbestos tailings by the dust sup LEGEND ment plant sludge. pression agent manufacturer. Other equally effective dust suppression agents Asbestos Waste Disposal Sit* 11. Section-61.51 Is emended by adding paragraphs (1) and (m) as follows: may be used upon prior approval by the Administrator. For purposes of this para graph, waste crankcase oil Is not con Do Not Create Dust Breathing Asbestos Is Hazardous to Tour Health ' 61.51 Definitions. sidered a dust suppression agent. 7. The first sentence in 9 61.23 Is re vised as follows: I 61.23 Air-Cleaning. If air-cleaning is elected, as permlttei Notation 1" Sans Serif, Gothic or Block Sans Serif, Gothic or Block 14 Point Gothic (1) "Sludge" means sludge produced by a treatment plant that processes munici pal or industrial waste waters. (m) "Sludge dryer" means a device used to reduce the moisture content of sludge by heating to temperatures above by 99 61.22(f) and 61.22(d) (4) (lv), the Spacing between lines shall be at least 65C (ca. 150F) directly with combus requirements of this section must be met. equal to the height of the upper of the two lines. 8. The first sentence In 9 61.24 is re vised and redesignated as paragraph (e) and new paragraphs (c) and (d) are added as follows: (c) The perimeter of the disposed site shall be fenced In order to adequately deter access to the general public except as specified in paragraph (d) of this section. 8 $1.24 Reporting. (d) Warning signs and fencing are tion gases. ' * 12. Section 61.52 Is revised to read as follows: 61.52 Emission standard. (a) Emissions to the atmosphere from mercury ore processing facilities and mercury cell chlor-alkall plants shall not not required where the requirements of exceed 2300 grams of mercury per 24- (c> For sources subject to 99 61.22(j> paragraph (e)(1) of this section are hour period. and 61.22 (k): met, or where a natural barrier ade (b) Emissions to the atmosphere from (1) A brief description of each process quately deters access to the general sludge Incineration plants, 6ludge drying that generates asbestos-containing waste public. Upon request and supply of ap plants, or a combination of these that material. propriate Information, the Administra process wastewater treatment plant (2) The average weight of asbestos r tor will determine whether a fence or a sludges shall not. exceed 3200 grams of containing waste material disposed of. natural barrier adequately deters access mercury per 24-hour period. measured in kg/day. (3) The emission, control methods used in all stages of waste disposal. to the general public. (e) Rather than meet the require ment of paragraph (a) of this section, an 13. Section 61.53 Is amended by adding paragraph (d) as follows: (4) The type- of'dlsposal site or incin eration site used for ultimate disposal, owner or operator may elect to meet the requirements of paragraph (e) (1) or 61.53 Stack sampling. ' the name of the site operator, and this name and location of the disposal site. (d) For sources subject to 9 61.22(1): (1) A brief description of the site. (2) The method or methods used to comply with the standard, or alternative procedures to be used. (e) (2) of this section, or may use an al ternative control method for emissions from active waste disposal sites which has received prior approval by the Administrator. (1) At the end of each operating day, or at least once every 24-hour period (d) Sludge incineration and drying plants. ' ' d> Unless a waiver of emission testing Is obtained under 9 61.13, each owner or operator of a source subject to the stand ard in 61.52(b) shall test emissions from that source. Such tests shall be conducted (e) Such Information shall accom while the site is in continuous operation, In accordance with the procedures set pany the Information required by 9 61.10. the asbestos-containing waste material forth either in paragraph (d) of this The Information described in this section which was deposited at the site during section or in 5 61.54. shall be reported using the format of the operating day or previous 24-hour (2) Method 101 In Appendix B to this Appendix A of this part. period shall be covered with at least 15 part shall be used to test emissions as 9. A new section 61.25 is added to sub part B as follows: centimeters (ca. 6 inches) of compacted non-asbestos-containing material. 61.23 Waste disposal sites. (2) At the end of each operating day, or at least once every 24-hour period follows: (i) The test shall be performed within 90 days of the effective date of these regulations in the case of an existing In order to be an acceptable site for while the disposal site is in continuous source or a new source which has an disposal of asbestos-containing waste operation, the asbestos-containing waste initial startup date preceding the effec material under 5 61.22 (j) and (k), an material which was deposited at the site tive date. active waste disposal site shall meet the during the operating day or previous 24- (ii) The test shall be performed within requirements of this section. hour period shall be covered with a res 90 days of startup in the case of a new (a) There shall be no visible emission:; inous or petroleum-based dust suppres source which did not have an initial to the outside air from any active waste sion agent which effectively binds dust startup date preceding the effective date. TEDERAt REC'STEIi. VOl. 40, NO. 199--TUESDAY, OCTOCER 14, 19rs RULES AND REGULATIONS 48303 (3) The Administrator shall be noti fied at least 30 days prior to an emission test, so that he may at his option observe the test (4) Samples shall be taken over such a period or periods as are necessary to determine accurately the maximum emissions which will occur In a 24-hour period. No changes shall be made in the operation which would potentially in crease emissions above the level deter mined by the most recent stack test, un til the new emission level has been esti mated by calculation and the results re ported to the Administrator. (5) All samples shall be analyzed, and mercury emissions shall be determined within 30 days after the stack test. Each determination shall be reported to the Administrator by a registered letter dis patched before the close of the next busi ness day following such determination. (6) Records of emission test results and other data needed to determine total emissions shall be retained at the source and shall be made available, for inspec tion by the Administrator, for a mini mum of 2 years. 14. Sections 61.54 and 61.55 are added as follows: S 61.54 Sludge sampling. (a) As an alternative means for demonstrating compliance with 8 61.52 Cb), an owner or operator may use Method 105 of Appendix B and the proce dures specified in this section. (1) A sludge test shall be conducted within 90 days of the effective date of these regulations in the case of an exist ing source or a new source which has an Initial startup date preceding the effec tive date: or (2) A sludge test shall be conducted within 90 days of startup In the case of a new source which did not have an initial startup date preceding the effective date. (b) The Administrator shall be notified at least 30 days prior to a sludge sampling test, so that he may at his option observe the test (c) Sludge'shall be sampled according to paragraph (c)(1) of this section, sludge charging rate for the plant shall be determined according to paragraph (c) (2) of this section, and the sludge analysis shall be performed according to paragraph (c) (3) of this section. (1) The sludge shall be sampled after dewatering and before incineration or drying, at a location that provides a representative sample of the sludge that Is charged to the Incinerator or dryer. Eight consecutive grab samples shall be obtained at intervals of between 45 and 60 minutes and thoroughly mixed into one sample. Each of the eight grab sam ples shall have a volume of at least 200 ml but not more than 400 ml. A total of three composite samples shall be ob tained wlthih an operating period of 24 hours. When the 21-hour operating pe riod is not continuous, the total sam pling period shall not exceed 72 hours after the first grab sample is obtained. Samples shall not be exposed to any con dition that may result in mercury con tamination or loss. (2) The maximum 24-hour period sludge incineration or drying rate shall be determined by use of a flow rate meas urement device that can measure the mass rate of sludge charged to the in cinerator or dryer with an accuracy of 5 percent over its operating range. Other methods of measuring sludge mass charging rates may be used if they have received prior approval by the Adminis trator. (3) The handling, preparation, and analysis of sludge samples shall be ac complished according to Method 105 in Appendix B of this part. (d) The mercury emissions shall be determined by use of the following equation: Eus--l x 10-a cQ where ,--Mercury emissions, g/day. e =Mercury concentration of sludge on a dry solids basis, *ig/g (ppm). Q =-Sludge charging rate, kg/day. (e) No changes In the operation of a plant shall be made after a sludge test has been conducted which would poten tially Increase emissions above the level determined by the most recent sludge test, until the new emission level has been estimated by calculation and the results reported to the Administrator. (f) All sludge samples shall be ana lyzed for mercury content within 30 days after the sludge sample is collected. Each determination shall be reported to the Administrator by a registered letter dis patched before the close of the next busi ness day following such determination. (g) Records of sludge sampling, charg ing rate determination and other data needed to determine mercury content of wastewater treatment plant sludges shall be retained at the source and made available, for Inspection by the Admin istrator, for a minimum of 2 years. 61.55 Emission monitoring. (a) Wastewater treatment plant sludge Incineration and drying plants. All such sources for which mercury emissions ex ceed 1600 g/day, demonstrated either by stack sampling according to {61.53 or sludge sampling -according to {61.64. shall monitor mercury emissions at inter vals of at least once per year by use of Method 105 of Appendix B, or the proce dures specified in 5 61.54(c) and (d). The results of monitoring shall be reported and retained according to { 61.53(d) (6) and (6), or { 61.64(f) and (g). 15. Appendix A Is revised to a new re porting format, and sections (I) (C) (I) (D) are added as follows: - APPENDIX A . , National Emission Standards for Hazardous Air Pollutants Compliance Status Information I. SOURCE REPORT INSTRUCTIONS: Owners or operators of. sources of hazardous pollutants subject to the National Emission Standards for Hazardous Air Pollutants are required to submit the information contained . in Section I to the appropriate U.S. Environmental Protection Agency Regional Office prior to 90 days after the effective date of any standards or amend ments which require the submission of such Information. A list of regional offices is provided In 161.04. A. SOURCE INFORMATION - 1. identification/lacation - Indicat# the name and address of #adl-MUm 12 Region 34 State S__ 8 County 1 9 13 Source Number 000 t700re 20____ 22 2326 T"p5tCe> -I)--g-v-VI - /9 AO'CR? 1 City Code 27 Source Name y 4b I 0 5 7 Ct St 47 street Address iLocation of Plant) t>9 1 T* BJ Dup 1-18 TT fy7 2tT City Name "34 StaFa & 65 68 4S State Regis. Number "54 MEDSTTef. 53 sir Gl rr 8 A7P 77 79 5ta7T 64 65 Dup 1-18 s TT STP E? 30 31 49 2, Contact - Indicate the name and telephone number of the owner or operator or other responsible official whom EPA may contact concerning this report. FEDERAL REGISTER, VOL 40, NO. 199--TUESDAY, OCTOBER 14, 1975 48304 RULES AND REGULATIONS Dup 1-13 4 1 D* 15 70 2r 46 - %} 2-4 Area Code 4/ Number ?4 K-i P d-r .v / Name T3 3. Source Description - Briefly state the nature of the source (e.g., Chloralkali P|lant" er `'Machine Shop"). Dup 1-18 4 ? yrc> 15 70 ZT Description At* ff 10 sr Continued 4. Alternative Hailing Address - Indicate an alternative mailing_ add" ress if correspondence i.s.....t..o....b..e.....d..i.r..e..c...t.e...d. to a location different than that specified above. 79 Dup 1-18 Dup 1-18 43 19 Z0 44 15 70 2T Number Street or Box Number 75 80 2r City 37___38 __________ 75 State 4l Zip T4 SIT 5. Compliance Status - The emissions from this source r can the emission limitations contained in the National Emission Standards on or prior to 90 days after the effective date of any standards or amendments which require the submission of such information. iSignature of Owner. Operator or Other Responsible Official NQfli: if the emissions from the source will exceed those limits set by the National Emission Standards for Hazardous Air Pollutants, the source will be In violation and subject to Federal enforcement actions unless granted a waiver of compliance by the Administrator of the jU.S. Environmental Protection Agency. The Information needed for such waivers Is listed in Section II of this form. B. PROCESS INFORMATION. Part B should be completed separately for each point of emission for each hazardous pollutant. [Sources subject to 61.22(1) may omit number 4. bel k) Cup 1-13 00 5 1C"T6 17--T8 7 20 SCC 77 25 79 3T 3T NEDS X Ref LS SIP FEDERAL REGISTER, VOL. 40, ,NO. 199--TUESDAY, OCiOCER 14, 1975 RULES AND REGULATIONS 1. Pollutant Emitted - Indicate the type of hazardous pollutant emitted by the process. Indicate "AB" for asbestos, "BE* for beryllium, or "HG" for mercury. 32 33 Pollutant 34 Regulation 48 49 EC 2. Process Description - Provide a brief description of each process (e.g., "Hydrogen end box" in a mercury chlor-alkall plant, "grinding machine* In a beryllium machine shop). Use additional sheets if necessary. 48305 3. Amount of Pollutant - Indicate the average weight of the hazardous material . named in item 1 which enters the process in pounds per month (based on the previous twelve months of operation). Dup 1-18 6 3 13 ?0 21 lbs./mo. 77 23 36 33 4. Control Bevices a. Indicate the type of pollution control devices. If any, used to reduce the emissions from the process (e.g., venturi scrubber, baghouse, wet cyclone) and the estimated percent of the-pollutant which the device removes from the process gas stream. ' Dup 1-10 6 4 19 70 PRIMARY CONTROL DEVICE: 21---------------------------------------------- ________ _____________ 66 ' 70 43 Primary Device (fame 34 Percent Removal Efficiency T3 72 1 79 FEDERAL PEG!STER, VOL. 40, NO. 199--TUESDAY, OCTOBER 14, 1973 48306 R ULES AND REGULATIONS Dup 1-18 65 15 2o 21 SECONDARY CONTROL DEVICES: 4s 47 Secondary Device Name 4 65------------ro n--t--E-F-F-1-C-.-79 ht Percent Removal ------------------------ ------------- Efficiency b. Asbestos Emission Control Devices Only 1. If a baghousfe is specified in Item 4a, give the following Information: ' The air flow permeability in cubic feet per minute per square foot of fabric area. Air flow p ermeability cfm/ft^ The pressure drop in inches water gauge acrqss the filter at which the baghouse is operated. Operating pressure drop = inches w.g. If the baghouse material contains synthetic fill yarn, check whether this material is / / spun / / or not spun. If the baghouse utilizes a felted fabric, give the minimum thickness in inches and the density in ounces per square yard. Thickness e inches Density 'oz/yd^ 11 If a wet collection device is specified in Item 4a, give the designed unit contacting energy in inches water gauge. Unit contacting energy = inches w.g. C. DISPOSAL OF ASBESTOS-CONTA.TNIMG HASTES. Part C should be completed separately for each asbestos-containi nq waste generation operation arising from sources subject to 561.22(a), (c),; (e), and (h). Dup 1-13 _______ 15--------T6 5 T5 25 SEE ?7 25 79 IS li NEDS X Ref es SIP AB 32 33 34 Pollutant Regulation 48 49 EC FCOERAL r.2G'': vbl. 40, MO 195--TUESDAY, OCTOBER 14, 1975 RULES AND REGULATIONS 1. Waste Generation - Provide a brief description of each process that generates asbestos-containing waste (e.g. disposal of control device wastes). 55 Process Description 79 55 2. Asbestos Concentration - Indicate the average percentage asbestos content of these materials. ' ` Duo 1-18 61 ASBESTOS CONCENTRATION: 15 Zi3 21------------------------------------ 45--------------- 5S 55 m 3. Amount of Wastes - Indicate the average weight of asbestos-containing wastes disposed of, measured In kg/day. Dup 1-18 6 2 1J--TO 2T 77 25 74 m 4. Control Methods - Indicate the emission control methods used In all stages of waste disposal, from collection, processing, and packaging to transporting and deposition. Duo 1-18 6 3 Primary Control Method 15--7o 2i------------------^------------:------- 43 45 Dup 1-18 6 4 v 15--70 2T 75 50 55 ST 79 OT 5; Waste Disposal - Indicate the type of disposal site (sanitary landfill, open, covered)' or incineration site (municipal, private) where the waste is disposed of and who operates the site (company, private, municipal). State the name and location of the site (closest city or town, county, state). Dup 1-18 6 5 15 ZD 21 TYPE OF SITE: 33 35 5D 5T 79 55 FEDERAL REGISTER, VOL. 40, NO. 199--TUESDAY, OCTODER 14, 1975 48308 RULES AND REGULATIONS Dup 1-18 6 6 19 58) n---------Dap 1-18 6 7 19 29 OPERATOR: 21 ^ 29 ST "------- :---------------- 79 LOCATION: 21------------------ 29 31 ; : 71 ! 79 ST W 79 !*> D. WASTE DISPOSAL SITES. Part 0 should be completed separately for each asbestos waste disposal site subject to section 61.22(1). Dup 1-13 ______ 00 S IT-----IS 17--IS 17 2XT tct "77 29 29 3T 3T NEDS X Ref CS SIP 32f 33 34 Regulation Pollutant 4a TT EC WASTE DISPOSAL SITE ST -------- 58 BIT Description - Provide a brief description of the site. Including Its size and configuration, and the distance to the closest city or town, closest residence, and closest primary road. D^p 1-18 6 1 1 19 29 2r SITE DESCRIPTION T7 39" T9 5T "79 Dup 1-18 62 19 TO 21 DISTANCE: T9 3ir TOWN: T4 3r KH T9 42 33 RESIDENCE: 4T 74 ST t n ROAD: TO 67" 53 65" T9 7T 75 KM 77 78 W FEDERAL REGISTER. VOL. 40, NO. 199--TUESDAY, OCTOBER 14, 1975 RULES AND REGULATIONS 2. Inactivation - After the site is inactivated, indicate the method or methods used to comply with the standard and send a list of the actions that will be undertaken to maintain the inactivated site. Dup 1-18 6 8 13 20 2T 32 5T 79 ST II. waiver requests A. WAIVER OF COMPLIANCE. Owners or operators of sources unable to operate In compliance with the National Emission Standards for Hazardous Air Pollutants prior to 90 days after the effective date of any standards or amendments which require the submission of such Information may request a waiver of compliance from the Administrator of the U.S. Environmental Protection Agency for the time period necessary to install appropriate control devices or make modifications to achieve compliance. The Administrator-may grant a waiver of compliance with the standard for a period not exceeding two years from the effective date of the hazardous pollutant standards. If he finds that . ' such period is necessary for the installation of controls and that steps will be taken during the period of the waiver to assure that the .health of persons will be protected from imminent endangerment. The report information provided in Section I must`accompany this application. Applications should be sent to the appropriate EPA regional office. 1. Processes Involved - Indicate the process or processes emitting hazardous pollutants to which emission controls are to be applied. 2. Controls a. Describe the proposed type of control device to be added or modification to be made to the'process to reduce the emissions of hazardous pollutants to an acceptable level. (Use additions! sheets if necessary.) b. Describe the measures that will be taken during the waiver period to assure that the health of persons will be protected from iirainent endangerment. (Use additional sheets if necessary.) 3. Increments of Progress - Specify the dates by which the following increments of progress will be met. Date by which contracts for emission control systems or process modifications will be awarded; or date by which orders will be Issued for the purchase of the component parts to accomplish emission control or process modification. 4830 FEDERAL REGISTER, VOL. 40, NO. 199--TUESDAY, OCTOBER 14, 1975 4S310 jULES AND REGULATIONS Dup 1-16 01 7 ir T9 S3~54 55 60 61 MO/DY/YR Date of Initiation of on-site construction or installation of emission control equipment or process change. 66 50 Dup 1-16 02 7 ir T9' 5TT4 sr To 6l HO/DY/YR 56 W Date by which on-site construction or installation of emission control equipment or process modification is to be completed. Dup 1-16' 037 17 T9 53 54l sr So 61 MO/UY/YK 66 EO" Date by which final compliance is to be achieved Dup 1-16 ir0 4 7 T9 5TT4 5r So 61 Ho/DY/Vft So BS B. WAIVER OF EMISSION TESTS. A waiver of emission testing may be granted to owners or operators of sources of beryllium or mercury pollutants if, in the judgment of the Administrator of the Environmental Protection Agency the emissions from the source comply with the appropriate standard or if the oimers or operators of the source have requested a waiver of compliance or have been granted a waiver of compliance. This application should accompany the report information provided in Section 1. 1. Reason - State the reasons for requesting a waiver of emission testing. If the reason stated is that the emissions from the source are within the prescribed limits, documentation of this condition must be attached. Date Sign.-'., * of the owner or operator APFSNDtx B--Test Methods 16. Method 105 Is added to Appendix B as follows: METHOD 10S. METHOD FOR DETERMINATION OF MERCUBT IN WASTEWATER TREATMENT PLANT SEWAGE SLUDGES 1. Principle and applicability. 1.1 Prln- clple--A weighed portion of the sewage sludge sample Is digested In aqua regia for 2 minutes at 05JC. followed by oxidation with potassium permanganate. Mercury in the digested cample Is then measured by the conventional spectrophotometer cold vapor technique. An alternative digestion Involving the use of an autoclave Is described In para graph 4.5.2 of this method. 1.2 Applicability--Thl3 method Is i ppllcable for the determination of total or anle and inorganic mercury content In sc]{wage sludges, soils, sediments, and bottom type materials. The normal range of this method is 0.2 to 5 ng/g. The range may be extended above or below the normal range by increas ing or decreasing sample size and through In strument and recorder control. 2. Apparatus. Z.l Analysis--The conven tional cold vapor technique(5) Is used to analyze the sample. 2.1.1 Atomic Absorption Spectrophoto meter 1--Any atomic absorption unit having an open sample presentation area in which to mount the absorption cell Is suitable Iti- strument settings recommended by the (particular manufacturer should be followed. ' Instruments designed specifically for] the measurement of mercury using the [cold vapor technique are commercially avall[ able and may bo substituted for the at ([mile absorption spectrophotometer. 2.1.2 Mercury Hollow Cathode Lamp-- Wcstlnghou.se WL-22847, argon filled, or equivalent. 2.1 3 Recorder--Any multlrangc, variable- speed recorder that is compatible with the UV detection system Is suitable. 2.1 4 Absorption Ceil--Standard spectro photometer cells 10 cm long, having quartz end windows may be'used. Suitable cells may be consiructed from plexiglass tubing. 2 5 cm O D x 11 4 cm (ca. 1" O.D. x 4'/,"). The ends are ground perpendicular to the longi tudinal axis, and quartz windows [2.5 cm diameter x 0 16 cm thickness (ca. 1" diameter x thickness) 1 are cemented In place. Gas inlet and outlet ports I also of plexiglass but 0.6 cm O D. (ca. O.D.) | are attached anproxlmaicly 1.3 cm ('/-') from each end. The cell is strapped to a burner for support and aligned In the light beam to give the maximum transmittance. NOTE: Two 5.1 cm x 5 1 on (ca. 2" x 2") cards with 2.5 cm (ra. 1") diameter holes may be placed over each end of the cell to assist in positioning the cell for maximum transmittance. 2.1 5 Air Pump--Any peristaltic pump capable of delivering 1 liter of air per minute may be used A MasterP.ex puma with elec tronic speed control has been found to be satisfactory. (Regulated compressed air can be used la an open one-pass system.) 2 1 6 Flowmeter--Capable of ntcasurlrg an air flow of 1 liter per minute. 2 17 Acr.v ion Tubing--Tygon tubl' g Is nsc-.l fer passage of the m.-reurv vapor rrom the sai-nle bottle to the absorption cell and return straight glass tubing trrmlna'lug in a coarse porous frit Is used for spaxgl 'gar l-'to the sample. 2 1 0 Dr\ing Tube--15 cm long x I 9 cm dl.iinc rr (ca. 0" long x diameter) tube co"tr.lmng 20 grams of the desiccant mag nesium perchlorate. The apparatus is assem bled as shown In Figure 105-1. In place of the m.gncslum perchlorate drying tube, a small reading lamp with 60W bulb may be used to prevent condensation of moisture Inside the cell. The lamp Is positioned so as not to Inter fere with the measurement and to shine on the absorption cell maintaining the air tem perature about 5'C above ambient. 3. Reagents. 3.1 Analysis. 3.1.1 Aqua Regia--Prepare immediately before use by carefully adding three volumes of concentrated HC1 to one volume of con centrated HNO,. 3.1.2 Sulfuric Acid, 0.6N--Dilute 14.0 ml of concentrated sulfuric acid to 1.0 liter. 3.1.3 Sta-mous Sulfate--Add 25 g star, nous sulfate to 250 ml of 0.5N sulfuric aclts This mixture is a suspension and should b st rred continuously during u'e. Stannous chloride may be used In place of the stannous sulfate. 3 1.4 Sodium Chloride--Hydroxylamlve SulfRte Solution--Dissolve 12 prams of so dium chloride and 12 grams of hydroxylamlne sulfate In distilled water and dilute to 109 ml. Hvdroxvlamlne hydrochloride may be used In "place of the hydroxylamtne sulfate. 3.1.5 Potassium Permanganate--5% solutlon. w/v. Dissolve 5 crams of rorasium per manganate in 100 ml of distilled water. 3.1.6 Stock Mercury Solution--Dissolve 0.1.754 grams of reagent grade mercuric chlo ride (Assay '!)5%) In 75 ml of distilled water. Add 10 ml of concentrated rltrlc acid and adjust the rolume to 100.0 ml. 1 ml = l mg Hg. 3 1 7 Working Mercury Solution--Make successive dilutions of the stock mercury solution to obtain a working standard contalnlngD.l ,,g tier ml. This working standard a-d the dilutions of the stock mercury ro!utlon should be prepared fresh drily. Acidity of the working standard should be main tained at 0.15% nitric acid. This acid should be added to the flask as needed before the addition of the aliquot. Mercuric solutions 6hmi!d not be prepared In plastic containers. 4. Procedures. Semples for mercury analy sts are subject to contamination from a variety of sources. Extreme care must be taken to prevent contamination. Certain In terferences may occur during the analysis procedures. Extreme caution must be taken to avoid Inh-latlon of mercury. 4 1 Sample Handling and Preservation. 4 l .1 Because of the extreme sensitivity of the analytical procedure and the om nipresence of mercury, care must be taken to avoid extraneous contamination. Samnllng devices, sample containers, and re agents should be ascertained to be free of significant amounts of mercury; the sample should not be exposed to any condition In the laboratory that mav result In contact or airborne mercury contamination. Sample containers to be used for collection and ship ment or mercury samoles should be properly cleaned before use. These should be rln-ed with .at least 20% v/v HNO, followed by distilled water. 4 l .2 While the sample may be analyzed without drying. It has been found to be more convenient to analyze a dry sample. Moisture may be driven off In a drying oven at a tem perature of 0O*C. No significant mercury 'osses hare been observed by using this dry ing step. The dry sample should be pulver ised and thoroughly mixed before the aliquot Is. weighed. 42 Interferences. 4 2 1 Interferences that may occur In sludge samples arc sulfides, high copper, high rhl-rldes. etc. A discussion of possible In terferences and suggested preventative meas ures to be taken Is given In Reference (6) (7). 4 22 Volatile materials which absorb at the 253.7 nm will cause a positive lnterfer- FEDEIRAl REGISTER, VOL. 40, NO. 199--TUESDAY, Olli . RULES AND REGULATIONS 48311 enco. In order to remove any Interfering volatile materials, the dead air space in the BOD bottle should be purged with nitrogen before the addition of stannous sulfate. 4.3 Handling Sample Mercury Vapors After Analysis. 4.3.1 Because of the toxic nature of mer cury vapor, precaution must be taken to avoid Its Inhalation. Therefore, a bypass should be Included In the analysis system to either vent the mercury vapor into an exhaus* hood or pass the vapor through some absorbing'media, such as: (a) equal volumes of 0.1N KMNOi and 10% BJ30,; (b) 0.26% Iodine In a 3% KI solution. A specially treated charcoal that will absorb mercury vapor is also available from Barnebey and Cheney. E. 8th Ave. and North Cas sidy St, Columbus, Ohio 43219, Catalog No. 680-13 or No.580-22 * 4.4 Calibration. 4.4.1 Transfer 0.0.5.1.0,2.0,5.0 and 10 ml aliquots of the working mercury solution containing 0 to 1.0 ^ of mercury to a series of 300-ml BOD bottles. Add enough dis tilled water to each bottle to make a total volume of 10 ml. Add 6 ml of aqua regia and heat 3 minutes in a water bath at 95C. Allow the sample to cool and add 50 ml distilled water and 15 ml of KMnO, solution to each bottle and return to ths water bath for 30 minutes. Cool and add 6 ml of sodium chlortde-hydroxylamlne sulfate solution to re duce the excess permanganate: Add 50 ml of distilled water. Treating each bottle individ ually, add 6 ml of stannous sulfate solution and Immediately attach the bottle to the aeration apparatus. At this point, the sample is allowed to stand qultely without manual agitation. The circulating pump, which has previously been adjusted to a rate of 1 liter per minute. Is allowed to run continuously. Mention of trade names or specific prod ucts does not constitute endorsement by the Environmental Protection Agency. The absorbance, as exhibited either on the spectrophotometer or the recorder, will In crease and reach maximum within 30 sec onds. As soon as ths recorder pen levels off, approximately 1 minute, open the bypass valve and continue tbe aeration until the absorbance returns to Its minimum value. Close the bypass valve, remove the fritted tubing from the BOD bottle and continue the aeration. Proceed with the standards and construct a standard curve by plotting peak height versus micrograms of mercury. 4.5 Analysis. 4.5.1 Weigh triplicate 0.2g 0.001 g por tions of dry sample and place In bottom of a BOD bottle. Add 5 ml of distilled water and 5 ml pf aqua regia. Heat 2 minutes In a water bath at 95C. Cool and add 60 ml dis tilled water and 15 ml potassium per manganate solution to each sample bottle. Mix thoroughly and place In the water bath for 30 minutes at 95C. Cool and add 6 ml of sodium chloride-hydroxyIsmlne sulfate to re duce the excess permanganate. Add 55 ml of distilled water. Treating each bottle Indi vidually, add 5 ml of stannous sulfate and Immediately attach the bottle to the aera tion apparatus. With each sample, continue as described In paragraph 4.4.1 of this method. ` 4.5.2 An alternative digestion procedure using an autoclave may also be used. In this method 5 ml of concentrated H..SO, and 2 ml of concentrated HNO, are added to the 0.2 grams of sample. 5 ml of saturated KMnO, solution aro added and the bottle Is covered with a piece of aluminum foil. The samples are autoclaved at 121 'C and 2.1 kg/cm' (ca. 15 pslg) for 15 minutes, cool, make up to a volume of 100 ml with distilled water, and add 0 ml of sodium chlorlde-hydroxylamlne sulfate solution to reduce the excess per manganate. Purge the dead air space and continue as described In paragraph 4.4.1 at this method. 5. Calculation. 5.1 Measure the peak height of the unknown from the chart and read the mercury value from the standard curve. 5.2 Calculate the mercury concentration In the sample by tbe formula: ______Ag Hg In the aliquot ^ S gto wt. of the aliquot in g 6.3 Report mercury concentrations as fol lows: Below 0.1 Ag/g; between 0.1 and 1 Ag/g. to the nearest 0.01 Ag/g: between 1 and 10 Ag/g. to nearest 0.1 agl above 10 Ag/g. to nearest Ag. 6. Precision and accuracy. 6.1 According to the provisional method In reference num ber 5, the following standard deviations on replicate sediment samples have been re corded at the Indicated levels: 0.29 Ag/g0.02 and 0.82 Ag/g0.03. Recovery of mercury, at these levels, added as methyl mercuric chlo ride, was 97 and 94%, respectively. 7. References. 1. Bishop. J. N. "Mercury In Sediments," Ontario Water Resources Comm., Toronto, Ontario, Canada, 1971. 2. Salma, M. Private communication, 15PA Cal/Nev Basin Office, Alameda, California: 3. Hatch, W. IL, and Ott, W. L. "Determina tion of Sub-Mlcrogram Quantities of Mer cury by Atomic Absorption Spectrophotom etry," Ana. Chem. 40. 2085 (1988). 4. Bradenberger, H. and Bader, H. "The Determination of Nanogram Levels of Mer cury In Solution by a Flameless Atomle Ab sorption Technique," Atomlo Absorption Newsletter 8,101 (1987). 5. Analytical Quality Control Laboratory (AQCL), Environmental Protection Agency. Cincinnati, Ohio, "Mercury In Sediment (Cold Vapor Technique)," Provisional Method. April 1973. 6. Kopp, J. F-, Longbottom, M. O. and Lobring, L. B. "Cold Vapor Method for De termining Mercury," Journal AWWA, 64, 1 (1972), pp. 20-25. 7. "Manual of Methods for Chemical Anal ysis of Water and Wastes," Environmental Protection Agency, EPA-626/2-74-003, pp.' 118-138. [FR Doc.76-27231 Filed 10-14-75:8:45 am] FEDERAL REGISTER, VOL 40, NO. 199--TUESDAT, OCTOBER 14, 1976