Document 9Gn0M3rnRnkp2LNnVVGnNpyV

Babcock & Wilcox To ' those listed below 0. J. FISHER - MANAGER, GENERAL TECHNOLOGY From pGGf p&T/ CP&D Sub j. EPA-ASBESTOS File No. or Ref. GO 6060-2 Date JUNE 23, 1978 M. A. Glora D. H. Heintzelman R. A. Williams - CNFP, Mt. Athos - Mt. Vernon - NMD, Apollo Attached is one copy each of pages 26371 through 26374 of the June 19, 1978 issue of the Federal Register. You will note that these pages contain rules and regulations concerning amendments to the asbestos standards. These amendments extend the coverage of the demolition and renovation provisions to all friable asbestos materials and extend the coverage of the asbestos spraying provisions to all materials which contain more than 1% asbestos. OJF:glh 0. J. Fisher Attachment cc: J. J. Contarino- NNFD, Mt. Athos C. Gum - BC Co. C. Hamilton - FPGD K. F. Hill - CQA K. C. Kochar - Wilmington J. C. Land - DPSC E. Rhodes - AMD, Rochester C. Zecca w/o att. MONDAY, JUNE 19, 1978 PART III ENVIRONMENTAL PROTECTION AGENCY NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS Asbestos Standard; Amendments 26372 RULES AND REGULATIONS [6560-01] Tltlo 40--Frofecbon of Mm Environment CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY [FRL 869-1] PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS Amendments to Asbestos Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This rule amends the na tional emission standard for asbestos by extending the requirements of the provisions which apply to the spraying of asbestos-containing materials and to demolition and renovation oper ations. These amendments are a result of a determination that the standard did not require control of asbestos emissions during spray application of asbestos-containing materials other than fireproofing and insulation or during the demolition and renovation of structures where friable asbestos materials other than fireproofing- and insulation are present. EFFECTIVE DATE: June 19,1978. ADDRESS: A summary of the public comments on the proposed amend ments and EPA's responses is con tained in the Standards Support Docu ment which may be obtained upon written request from the EPA Library (MD-35), Research Triangle Park, N.C. 27711 (specify Standards Support Document Promulgated Amendments to National Emission Standard for As bestos, EPA 450/2-77-030, January, 1978). The Standards Support Docu ment is also available for public in spection and copying at the EPA Public Information Reference Unit. Room 2922 (EPA Library). 401 M Street SW,, Washington. D.C. 20460. FOR FURTHER INFORMATION CONTACT: Don R. Goodwin. Director. Emission Standards and Engineering Division (MD-13), Environmental Protection Agency, Research Triangle Park, N.C. 27711, telephone number 919541-5271. SUPPLEMENTARY INFORMATION: On March 2. 1977 (42 FR 12121), amendments to the national emission standard for asbestos were proposed under section 112 of the Clean Air Act. Interested persons participated in the rulemaking by submitting comments to EPA. The comments have been con sidered and. where determined by the Administrator to be appropriate, changes reflecting these comments have been incorporated into the pro mulgated amendments. Under section 112(e) of the Clean Air Act. as amended in 1977, the Ad ministrator may promulgate a "design, equipment, work practice, or oper ational standard, or combination thereof" for control of a hazardous air pollutant if it is infeasible to prescribe an emission standard under section 112(b) for the pollutant. Such infeasi bility occurs, for example, when "a hazardous pollutant or pollutants cannot be emitted through a convey ance designed and constructed to emit or capture such a pollutant" or when "the application of measurement methodology to a particular class of sources is not practicable due to tech nological or economic limitations." The spraying of friable asbestos mate rials and demolition or renovation of buildings containing such materials are sources of asbestos emissions for which EPA believes it Is not feasible to prescribe a numerical emission stand ard. This is because asbestos cannot be emitted through a conveyance which readily captures emissions for mea surement and because such measure ment, in any event, would be techno logically and economically impractical. Therefore, work practice standards rather than emission standards are being promulgated. This promulgation is not affected by the Supreme Court decision in Adorno Wrecking Co. v. U.S. (No. 76-911, de cided January 10. 1978). That ease arose in the narrow context of a crimi nal enforcement proceeding and was decided on an interpretation of section 112 prior to its amendment in 1977. The court held that the pre-1977 ver sion of section 112 did not authorize a portion of the national emission stand ard for asbestos (prescribing certain work practices for demolition and ren ovation activities) because it consisted of requirements other than numerical limitations on emissions. Hie 1977 amendments to section 112 now dear ly authorize the Administrator to pro mulgate work practice or other nonnumerical standards in order to control emissions of hazardous air pollutants. Another important 1977 amendment to the Clean Air Act explicitly au thorizes citizens and States, under sec tion 304, to enforce work practice and other nonnumerical standards promul gated under section 112. Summaxy or AMxmmxirrs The national emission standard for asbestos currently regulates demoli tion and renovation operations involv ing asbestos-containing insulation and fireproofing materials and prohibits the spray application of these materi als if they contain more than 1 per cent asbestos. The promulgated amendments extend coverage of the demolition and renovation provisions (40 CFR 61.22(d)) to all friable asbes tos materials and extend the coverage of the asbestos spraying provisions (to CFR 61.22(e)) to all materials which contain more than 1 percent asbestos. Materials in which the asbestos fibers are encapsulated with a bituminous or resinous binder and which are not fri able after drying are exempt from the spraying provisions. SuiotAXY or ExvnioiocnrrAL and Economic Impacts The promulgated amendments to the asbestos standard will have a sig nificant beneficial environmental Impact by reducing emissions of asbes tos to the atmosphere. There will be minimal solid waste and water pollu tion impacts from the increased amount of friable asbestos materials which must be removed and disposed of in conjunction with demolition or renovation. No impact on national energy consumption is anticipated. The amendments to the demolition and renovation provisions may in crease the cost of demolition or ren ovation because of the increased amount of friable asbestos-containing materials which will be covered by these regulations. Comments from representatives of the demolition in dustry, however, did not address this point. Therefore, this Impact is not ex pected to be significant. Spray-on asbestos-containing decora tive coatings are the primary products prohibited by the amendments to the praying restrictions. Since substitutes are available for these products, no significant adverse economic impacts are expected to result from prohibit ing their use. " SlCNtnCANT COXMXNTS During the public comment period. EPA received 24 letters commenting on the proposed amendments. These included 16 from industry. 3 from other governmental agencies, and 5 from other interested parties. As a result of these comments, there has been only one significant change made to the amendments since proposal. This change involves the spraying re striction in 161.22(e). The proposed amendments would have prohibited the spraying of all materials contain ing more than 1 percent asbestos by weight Several eommenters. however, re quested that EPA exempt from the spraying restrictions certain bitumi nous- and resinous-based asbestos-con taining coatings. These coatings are typically used as roofing compounds, waterproofing of Insulation exposed to the weather, automobile undercoat ings, and Industrial maintenance coatjnp Based on information supplied by the eommenters, there are no accept able substitutes available for these RDOA1 UOtSTOt. VOL 43, MO. Ill MONDAY, JUM It, 1*78 RULES ANO REGULATIONS 36373 uses of asbestos. Amon* the most cusses criteria for determining wheth likely substitutes which have been in er asbestos material in a building is a vestigated are glass, cotton, wood, cel problem: the current knowledge of lulose, mineral wool. hemp, and other hazards from spray-on asbestos in types of Inorganic and organic fibers; buildings; and alternative corrective gelling and thickening agents; clay actions that may be taken. Including thickeners. Including attapulgite; acceptable removal procedures and the ground cork; styrofoam; ground use of sealants for the coating of ma rubber vermlculite: feldspar polyeth terial. The second volume of the docu ylene fibrous powders; and ceramic ment, which is expected to be availa fibers. Generally, these substitutes ble in late 1978. will present the re have been found to be unacceptable sults of studies which will be done on because of unsatisfactory durability; sealants to determine their effective insufficient bulk; unsatisfactory quali ness and acceptability for coating as ties related to fibrous reinforcing, ho bestos materials. Copies of the first mogeneity, and adhesiveness; agglom volume of this document may be ob eration during spraying; and settle tained upon written request from the ment In the container over time. Fur Emission Standards and Engineering thermore. U asbestos fibers are re Division (MD-13), Environmental Pro leased during application of the coat tection Agency. Research Triangle ings. during their service life, or Park. N.C. 27711 (specify Sprayed As during demolition or renovation, the bestos-Containing Materials in Build- fibers will not remain airborne because ingx A Guidance Document). they are encapsulated by droplets of The lack of EPA reference methods the binder and are too heavy to for making various asbestos measure remain suspended. ments was of concern to some com- Because there do not appear to be menters. Specifically, they suggested acceptable substitutes available and that EPA publish a method for deter any beneficial environmental Impact mining the percentage of asbestos in resulting from the prohibition of this spray materials and reference OSHA- use of asbestos would be negligible, NIOSH procedures for measuring air the spraying of materials in which the borne asbestos particulate matter asbestos fibers are encapsulated by a from spraying operations. bituminous or resinous binder and A number of methods for the analy which are not friable after drying is sis of asbestos-containing samples are exempt from the provisions of now in use and the variability of re (61.22(e) of the promulgated amend sults obtained by these methods Is ex ments. tremely wide. In an attempt to stand There were several other significant ardize procedures and reduce this vari comments which did not result in ability. an EPA provisional electron changes to the amendments. To aid microscope procedure for measuring enforcement of the proposed spraying the concentration of asbestos In air restrictions in (61.22(e), commenten samples has been developed. This suggested that products should be la method can also be used for analysis beled as to their asbestos content if of material samples. It will be further they contain in excess of 1 percent as evaluated and refined for use In actual bestos by dry weight and have the po field studies and It found acceptable, tential for spray-on application. Re may eventually serve as the basis for quiring labeling would constitute a sig an EPA reference method--The proce nificant change in the amendments dure is available in a publication enti and would require reproposaL Rather tled Electron Microscope Measure than reproposing, the need for this ment of Airborne Asbestos Concentra provision will be assessed during en tions: A Provisional Methodology forcement of the amendments and, if Manual. EPA 600/2-77-178. August appropriate, labeling requirements will ' 1977. Copies of this document may be be proposed. obtained upon written request from One commenter suggested that the the Environmental Sciences Research regulation be extended to require re laboratory (MD-49), EPA. Research moval of existing asbestos-containing Triangle Park. N.C. 27711. sprayed materials which present sig The OSHA-NIOSH method meas nificant risks to human health due to ures airborne asbestos fiber concentra deterioration, particularly in buildings tions by phase contrast microscopy. It accessible to the public. The proposed measures only those fibers which are amendments would have only prohib longer than 6 microns and does not ited the future application of asbestoa- differentiate between asbestos and oontainlng spray material. other fibers. While such a method This problem is being addressed may be sufficient for enforcing the through the preparation of a guidance OSHA workplace asbestos standard, it document which will assist govern is not sufficient as an Indicator of mental agencies and private individ total asbestos concentration In the am uals who must decide on proper action bient air. Many asbestos fibers are to take when sprayed asbestos materi smaller than the smallest measured by als are found In existing buildings. the 08HA-NI0SH method and these The first volume of this document dis fibers can contribute significantly to the amount of asbestos which may be present in the ambient air. The provi sional electron microscope method de scribed above Is useful for estimating airborne asbestos fiber concentrations with greater precision. Some commenters suggested that since asbestos is a carcinogen and no threshold level for health effects has been established, the 1 percent allowa ble asbestos content for spray-on ma terials permits too much environmen tal contamination and should be low ered considerably. If not completely eliminated. The 1 percent allowable asbestos content was selected primar ily to allow the spray application of materials which contain trace amounts of asbestos which occur in numerous natural substances and which could not be reduced or eliminated without effectively harming the use of these materials. MuccxjLirsous Nora--The Environmental Protection Agency hsi determined that this document does not contain a major action requiring preparation of an Economic Impact Analy sis under Executive Orders 11121 and 11949 sad OMB Circular A-107. Dated: June 13.1978. Babbaba Bum. Acting Administrator. In Part 61 of Chapter I. Title 40. of the Code of Federal Regulations. H 61.21 and 61.22 are amended as fol lows: Subpart > National Emission Standard for Asbestos 1. Section 61.21 is amended by revis ing paragraphs (m). (q), and (r) to read as follows: (61.21 Definition. (m) "Renovation" means the remov ing or stripping of friable asbestos ma terials used on any pipe, duct, boiler. tank, reactor, turbine, furnace, or structural member. Operations in which load-cupporting structural members are wrecked or taken out are excluded. (q) "Removing'' means taking out friable asbestos materials used on any pipe, duct, boiler, tank, reactor, tur bine, furnace, or structural member from any building, structure, facility, or installation. <r> "Stripping" means taking off fri able asbestos materials from any pipe, duct, boiler, tank, reactor, turbine, fur nace. or structural member. 2. Section 61.22 is amended by revis ing paragraphs (d), CdXlXl), (dXIXii), 19, MTS 26374 tUUS AND REGULATIONS <4X2X111). (dX4Xi). (dX4Xil>, (dX4XUi). (4X4X1V). (e), and (eX2); and adding paragraph <eX3) to read as lollows: (41.22 Emission standard. (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 Institu tional. commercial, or Industrial build ing (Including apartment buildings having more than four dwelling units), structure, facility. Installation, or por tion thereof which contains any pipe, duct, boiler, tank, reactor, turbine, fur nace, or structural member that is cov ered or coated with friable asbestos materials, except as provided In para graph (d)(1) of this section; or who In tends to renovate any institutional, commercial, or industrial building, structure, facility. Installation, or por tion thereof where more than ~80 meters (ca. 260 feet) of pipe covered or coated with friable asbestos materials are stripped or removed, or more than IS square meters, (ca. 160 square feet) of friable asbestos materials used to cover or coat any duct, boiler, tank, re actor. turbine, furnace, or structural member are stripped or removed. (1) (i) The owner or operator of a demolition operation is exempted from the requirements of this paragraph: Provided, (A) The amount of friable asbestos materials in the building or portion thereof to be demolished is less than 80 meters (ca. 260 feet) used on pipes, and less than IS square meters (ca. 160 square feet) used on any duct, boiler, tank, reactor, turbine, furnace, or structural member, and (B) the notification requirements of para graph (dXIXii) are met. <ii) Written notification shall be postmarked or delivered to the Admin istrator at least 20 days prior to com mencement of demolition and shall in clude the information required by paragraph (dX2) of this section, with the exception of the information re quired by paragraphs (dX2) (ill), <vl), (vli). (vlii), and (lx) of this section, and shall state the measured or estimated amount of friable asbestos materials which is present. Techniques of esti m(a2ti)on shall be explained. (ill) Description of the building, structure, facility, or Installation to be demolished or renovated, including the size. age. and prior use of the structure, and the approximate amount of friable asbestos materials present. (4) * * (I) Friable asbestos materials, used on any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member, shall be removed from any building, structure, facility or installa tion subject to this paragraph. Such removal shall occur before wrecking or dismantling of any portion of such building, structure, facility, or installa tion that would break up the friable asbestos materials and before wreck ing or dismantling of any other por tion of such building, structure, facili ty. or installation, that would preclude access to such materials for subse quent removal. Removal of friable as bestos materials used on any pipe, duct, or structural member which are encased in concrete or other similar structural material is not required prior to demolition, but such materials shall be adequately wetted whenever exposed during demolition. (II) Friable asbestos materials used on pipes, ducts, boilers, tanks, reac tors, turbines, furnaces, or structural members shall be adequately wetted during stripping, except as provided in paragraphs (dX4Xiv), (dX4Xvi). or (dXvll) of this section. (ill) Pipes, ducts, boilers, tanks, reac tors, turbines, furnaces, or structural members that are covered or coated with friable asbestos materials may be taken out of any building, structure, facility, or installation subject to this paragraph as units or in sections pro vided the friable asbestos materials ex posed during cutting or disjoining are adequately wetted during the cutting or disjoining operation. Such units shall not be dropped or thrown to the ground, but shall be carefully lowered to ground level. (iv) The stripping of friable asbestos materials used on any pipe, duct. boiler, tank, reactor, turbine, furnace, or structural member that has been removed as a unit or in sections as pro vided in paragraph (d)(4)(Ui) of this section shall be performed in accord ance with paragraph <dX4Xli> of this section. Rather than comply with the wetting requirement, a local exhaust ventilation and collection system may be used to prevent emissions to the outside air. Such local exhaust ventila tion systems shall be designed and op erated to capture the asbestos particu late matter produced by the stripping of friable asbestos materials. There shall be no visible emissions to the outside air from such local exhaust ventilation and collection systems except as provided in paragraph (f) of this section. - (e) Spraying. There shall be no visi ble emissions to the outside air from the spray-on application of materials containing more than 1 percent asbes tos, on a dry weight basis, used on equipment and machinery, except as provided in paragraph (f) of this sec tion. Materials sprayed on buildings, structures, structural members, pipes, and conduits shall contain less than 1 percent asbestos on a dry weight basis. (2) Any owner or operator who in tends to spray asbestos materials which contain more than 1 percent as bestos on a dry weight basis on equip ment and machinery shall report such intention to the Administrator at least 20 days prior to the commencement of the spraying operation. Such report shall include the following informa tion: (3) The spray-on application of ma terials in which the asbestos fibers are encapsulated with a bituminous or re sinous binder during spraying and which are not friable after drying is exempted from the requirements of paragraphs (e) and (eX2) of this sec tion. (Secs. 112 and Ml(a) of the Clean Air Act as amended (42 U.S.C. 7412,7601(a).)) IFR Doc. 76-16891 Filed 6-16-78: 8:43 am) NDBAL MOTm. VOL 6A NO. IIS--MONOAY. JUM 19, 1*78