Document DGD67OzBNDYxjjw32x3NX9j0a
8820
RULES AND REGULATIONS
T7U 40--Protection of Environment
CHATTER 1--ENVIRONMENTAL PROTECTION AGENCT
SUiCMAFTCa C--Al* 7W0CRAM*
branea lining the chest and abdomen (30-47). There are reports of mesotheli oma associated with nonoceupatlonal
exposures in the neighborhood of as bestos sources (31. <2. <7, 41). An out
it U necessary to control emissions from major man-made sourets of asbestos emissions Into the atmosphere, but that It la not necessary to prohibit all emissions.
PART 81--NATIONAL EMISSION STAND ARDS FOR HAZARDOUS Am POLLUTANTS
standing feature has been the Jonr period, commonly over 30 years, between
Di this determination, the Administra tor has relied on the National Academy
Asbestos. Beryllium, ancl Mercury
On March 3J. 1871 (38 714 5931). pur suant to section 112 ol the~Clean Air Act. es emended, the Administrator published en liut'.el list of three hazardous ur pol lutants cinch. In his judgment may cause, or contribute to. an increase in mortality or an increase in senous Ir reversible. or incapacitating reversible.
the first exposure to asbestos and the ap pearance of a tumor (49. 50). There is evidence which Indicates that mesothllomas occur after much less exposure to asbestos dust than the exposure associ ated with asbestos (SI. 52).
It la not practicable, at this time, to establish allowable numerical concentra tions or mass emission limits for asbestos. Satisfactory means of measuring ambient
ol Sciences' report on asbestos <53>. which concludes: "Asbestos Is too im portant In our technology and economy for its essential use to be stopped. But. because of the knows serious effects of uncontrolled Inhalation of asbestos min erals In Industry and uncertainty as to the shape and character of the doseresponse curve in man. It would be highly Imprudent to permit additions! contami
Hinas. The pollutants were asbestos, asbestos concentrations have only re nation of the public environment with
beryllium, and mercury. On December 7. 1971 136 FR 23239). the~Admir.tstxator
cently been developed, and satisfactory means of measuring asbestos emissions
asbestos. Continued use st minimal risk to the public requires that the major
proposed standards Tor these pollutant*. are still unavailable. Even If satisfactory eources of man-made asbestose emission
Interested persons participated in the means of measuring asbestos emissions into the atmosphere be defined and con
rulemaking by giving testimony at public did exist, the previous unavsilablUty of a trolled."
hearings and by sending comments to satisfactory means of measuring ambient The means of control used are limita
EPA. Public hearings were held in New levels of asbestos maxes It Impossible to tions on visible emissions with an opuca
York City on January 18. 1972. and in estimate even roughly the quantitative In some cases to use designated control
Los Angela on February 15 and 18, 1972. relationship between asbestos-caused ill equipment, requirements that certain
A third hearing, scheduled to be held ness and the doses which caused those Ill procedures be followed, and prohibitions
la Kansas City, on February 1. 1972. was nesses. This Is a major problem, since on the use of certain materials or of cer
canceled because of a 1ack~of reduats to some asbestos caused Illnesses nave a 30- tain operations. These means of control
participate. Slxty-eignt persons save year latency period.
are required because of the Impossibility
testimony at the public hearings, and 58 EPA considered the possibility of ban at this time of prescribing and enforc
persons sent comments to EPA- Repre ning production, processing, and use of ing allowable numerical consentrauons
sented were lndustna. universities. gov asbestos or banning all emissions of as or mass emission limitations known to
ernmental agencies--Federal. State, and bestos into the atmosphere, but rejected provide an ample margin of safety. The
local, and environmentaTgToups Copla these approaches. The problem of meas alternative of no control of the sources
of the public hearing records are avail uring asbestos emissions would make the subject to this standard was rejected
able at all EPA Regional Offices and at latter approach Impossible to enforce. because of the significant health hazard
the Division of Stationary Source En Either approach would result In the pro of unregulated emissions of asbestos into
forcement. roots 3220. 401 H Street SW,, hibition of many activities whlqh are the atmosphere from the designated
Washington. D C. 20480. where copies of extremely Important: moreover, the major source*.
the comments received art also available. available evidence relating to the health It Is the Administrator's judgment
The bases for the Administrator's de hazards of asbestos does not suggest that that the asbestos sources subject to this
terminations that asbestos. beryllium, such prohibition is necessary to protect standard are the major sources of as
and mercury are hazardous, the deriva public health. For example, demolition of bestos emissions. In the absence of Quan tions of the standards now adopted, the any building containing asbestos fire titative emission data, the Administra Environmental Protection Agency's re proofing or insulating materials would tor's judgment was based on an natior.il
sponses to the significant comments received, and the principal revisions to the proposed standards are summarized below. A more detailed statement is available on request from the Emission Standards and Englnerlng Division, En vironmental Protection Agency. Re search Triangle Park. N.C. 27711. Atten
tion: Mr. Don doodwin. In addition, the
Administrator is issuing Information on control techniques for asbestos, beryl lium. and mercury as directed by section 112(b)(2) of the act. Copies of these documents may be obtained free of charge from EPA Regional Offices.
have to be prohibited as would the use of materials containing even trace amounts of asbestos which could escape into the atmosphere.
Finally, the available evidence suggest# a gradient of effects from direct occupa tional. to indirect occupational exposure, to families of workers exposed to asbestos and persons In the neighborhood of as bestos sources--in all of which situa
tions asbestos concentrations are un doubtedly high by comparison with most community air. This suggests that there are levels of asbestos exposure that will not be associated with any detectable
risk, although these levels are not
Inventory of sources and emissions of asbestos (54) end other reports (53, 55 >. The asbestos emissions and emission factors presented In the national Inven tory were based on Information obtained from production and reprocessing com panies. This Information Included pro duction figures, estimates of control equipment efficiency and material bal ances: It did not include emission test
results. The major sources of asbestoa emissions were considered to fall into fire categories: (1) Mining and milling: (2) manufacturing; (3) fabrication: (4) de molition: and (5) spraying. In deter mining which of these major sources
Assasios
known (53).
should be covered by tha standard pro-
Asbestos is a hazardous air pollutant within the meaning of section 112. Many persons exposed to asbestos dust de veloped asbestos!* when the dust concen tration eras high or the duration of ex posure was long (1-7). A large number of studies have shown that there is an association between occupational ex posure to asbestos and a hlgher-thanexpecled incidence of bronchial cancer (f-30). Asbestoc also has been identified as a causal factor in the development of mesotheliomas, cancers of the mem-
Mmaeei at u4 eg irtlda
It .Is probable that the effects of as
bestos inhalation are cumulative: that Is,
low-level and/or intermittent exposure to asbestos over s long time may be equally as Important In the etiology of asbestotic disease as high level and/or continuous exposure over a shorter pe
riod. On the other hand, the available evidence does not Indlcete that levels of asbestos In most community air cause asbestotic disease: Taking both these considerations into account, the Admin istrator has determined that. In order to provide an ample margin of salety to protect the public health from asbestos.
muJgsted herein, the Administrator con sidered the effect other Federal regula tions will have on tha emissions from such sources and the proximity of such sources to the pubile. In addition, the Administrator considered comments on the proposed standard and additional tx-hnicai data not availablt before proposaL Tha following paragraphs explain these considerations and tha changes made to the standard between proposal
and final promulgation. The promulgated standard applies to
asbestos mills, selected manufacturing operation*, lb* us* of spray-on asbestos
nOUAi KOiSTIX, VOL It, NO. 44--/SIOAT, AT*it 4, 1*72
T'*
IUI.ES AND REGULATIONS
8821
material*. demolition operations. end the
r ' 'em of roadways with asoestos Uh-
li The Admtntitrxtor will eonttnue to
investigate other existing and new
sources of asbestos emission and if any
oi them are found to be major sources,
the standard will be revised to cover
theta. As applied to mines, the proposed
standard would have limited the emu*
sions from driiiing operation* and pro
hibited visible emissions of particulate
matter from mine roads surfaced with
asbettoe tailings. The Bureau of Mina
has prescribed health and safety regula
tions (30 CFR 55.5) for the purpose of
protecting life, the promotion of health
and safety, and the prevention of acci
dent* In open pit metal and nonmetaiiic
mutes As related to asbestos mines, these
regulations prohibit persons woricingTn
a mine from being exposed to asbestos
concentrations which exceed the thresh
old limit value adopted by the American
Conference of Governmental Industrial
Hygienists. The regulations specify that
respirators shall not be used to prevent
persons from being exposed to asbestos
where environmental measures are avail
able. For drilling operations, the regula
tions require that the holes be collared
and drilled wet. The regulation* recom
mend that haulage road*, root transfer
points, crushers, and other point* where
dust (asbestos) it produced sufficient to
cause a health or safety hazard be wetted
down a* often as necessary unless the
dust U controlled adequately by other
ins. In the Judgment of the Admin-
*tor, implementation of these regu
lations will prevent ssbestos mines from
being a major source which must be cov
ered by the standard promulgated here
in. Furthermore, the public Is sufficiently
removed from the mine work environ
ment that their exposure should be sig
nificantly less than thit of the workers
In the work environment. Accordingly,
the promulgated standard does not apply
to drilling operations or roadways at
mine locations.
:^
For asbestos mills, the proposed stand
ard would have applied to ore dump*,
open storage areas for asbestos material*,
tailings dumps, ore dryers, air for proc
essing ore. air for exhausting particulate
material from work areas, and any mill
ing operation which continuously gen
erates inplant visible emissions. The
promulgated standard prohibits visibis
emissions from any part of the mm. but
It does not apply to dumps of asbestos
tailings or open storage of asbestos tree. The Bureau of Mines' regulations pre
viously referenced and regulation* issued by the Occupational Safety and Health
Administration (20 CFR 1010.93a) pro
tect workers from the hazards of air con
taminants In the work environment. The
Occupational Safety and Health Admin
istration regulations were promulgated
on June 7. 1973. The regulations are in
tended to protect the health of employee*
from asbestos exposure by means of en
gineering controls (i t. Isolation, encio-
res, and dust collection) rather than by
.rsonai protective equipment. It Is tbs
Judgment of the Administrator that
measures taken to comply with the Bu reau of Mines and Occupational Safety and Health AdminLslranon regulations to protect the health of persons no work In proximity to dumps and open storage area* will prevent the dumps and storage area* from being major sources of asbes tos emissions.
The proposed standard would have ap plied to buildings, structures, or facilities wiirun wruch any fabricating or manu facturing operation la earned on which Involves the use of asbestos materials. Comments received on iht proposed standard Indicated that the requirements for fabricating and manufacturing oper ations were confusing. Much of the con fusion was created by the use of terms ruch as ''any.' "continuously.' and "forced gas streams." The promulsated standard is more definitive as to applica bility of the provisions. The promulgated standard prohibits visible emissions from the nine manufacturing operations which. In the Judgment of the Adminis trator. are major sources of asbestos. The promulgated standard does not cover fabrication operations. Of all fabrication operations, only those operations at new construction sites are considered to be major sources of asbestos emission*. The Occupational Safety and Health Admin istration regulations specify that ail hand- or power-operated tooU (l.e. sawa. scorera, abrasive wheels, and drills) which produce asbestos dust be provided with dust collection systems. In the Judg ment of the Administrator. Implementa tion of these regulations will prevent fabrication operations from being a major source which must be covered by the standard promulgated herein.
The proposed standard would hava prohibited visible emissions of asbestos particulate material from the repair or demolition of any building or structure other than a single-family dwelling. Comments indicated that the no visible emission requirement would prohibit re pair or demolition In many situations, since it would be impracticable, if not impossible, to do sucb work without cre ating visible emissions. Accordingly, the promulgated standard specifies certain work practices which must be followed when demolishing certain buildings or structure*. The standard cavers Institu tional. Industrial, and commercial build ing* or structure*, including apartment houses having more than four dwelling units, which eontsin friable asbestos ma terial. This coverage Is baaed on the Na tional Academy of Sciences' report (5V which states. "In general, single-family residential structures contain only amah amounts of asbestos insulation. Demoli tion of industrial and commercial build ings that have been fireproofed with asbestos-containing material* will prove to be an emission source in the future, requiring control measures." Apartment houses with four dwelling units or less are considered to be equivalent to single-
family residential structures The stand
ard require* that the Administrator be
notified at least 20 days prior to the com
mencement of demolition.
The proposed standard would have limited emissions from a number of sources by stipulating that such emis sions could not exceed the amounts which would be emitted from the source If the source were equipped with s fabric filter, or. In some cases, a vet-collection aircleaning device. This would have required a standardized emission-measuring techruoue. which la hot currently available. The promulgated standard prohibits visi ble emissions which contain asbestos and provides the option of using specified air-cleaning methods. The existence of particulate asheetns material in a gaa
stream vented to the atmosphere can be determined by collecting a sample on a filter and analyzing It by microscopy
techniques. The proposed standard stated that the air-cleaning requirement would not be met if a number of listed faults, e g., broken bags, leaking gases, thread bare bags, existed and It required that collection hoppers on some baghouses be emptied without generating visible emis sions. Comments received suggested that this negative approach tended to make the quality of air-cleaning operations de pendent upon the ability of EPA to an ticipate and to include in the standard ail the factors which would constitute
improper methods. Since the Intent was. and Is. to require high quality air-clean- * lng operations, the promulgated standard requires proper Installation, use. opera
tion. and maintenance without predaeiy defining the means to be used.
The proposed standard would have prohibited the spraying of any material containing asbestos on any portion of
a building or structure, prohibited the spraying of any material containing as bestos In an area directly open to the atmosphere, and limited emissions from all other spraying If any material con
taining asbestos to the amount which would be emitted If specified alr-eleaning equipment were used. Comments re
ceived pointed out that this standard
would: (I) Prohibit the use of materials containing only the trace amounts of asbestos which occur In numerous nat ural substances. (2) prohibit the use of materials to which very small quantities of asbestos are added In order to enhanoe their effectiveness, and (3) prohibit the
use of materials in which ths asbestos is
strongly bound and which would not gen erate particulate asbestos emissions. The promulgated standard applies to those uses of spray-on ssbestos materials which could generate major emission* of particulate asbestos material. For those spray-on materials used to insulate or fireproof buildings, structures, pipes, end conduits, the standard limits the asbestos content to no more than 1 percent. Ma terials currently used contain from 10to go-percent asbestos. The intent of the
1-percent limit Is to baa ths us* of ma terials which contain significant quanti ties of asbestos, but to show the use of materials which would: (1) Cootain trace amounts of aabewtos which occur in
numerous natural substances, end (3) include very small quantities of asbestos (less then 1 percent) added to enhance the material's effectiveness. Although a
HDitat. Mount, voc as. no. ss--hioat. Area *, lvra
000473.
DUP 0905052
6822
RULES ANO REGULATIONS
UndardUeff reference method hu sot
been developed to quntiuuvely deter*
mine the content of hsbestos tn a ms*
term], there sre acceptable methods
svsUsble. bued on electron microscopy,
which Independent laboratories have de
veloped. Determining the asbestos con
tent of a material wtth_these methods
costs approximately <300. and the results
are accurate _within plus' or minus 50
percent: these limits oh accuracy were
baleen Into account In establishing the
1-percent limitation. 7H
The proposed standard would have
prohibited the surfacing ofany roadway
with asbestos tailings. The promulgated
standard applies to all roadways except
those on ore deposits: they roadways are
temporary, and control measures taJten
to comply with the Bureau of Mines reg
ulations prevent them from being a
major source which must be covered by
the standard promulgated herein. At this
time, the application of asbestos tailings
to public roadways Is not"widely prac
ticed. but because of the close proximity
of roads to the public. a_ban on using
asbestos tailings on roadways is Included
In the promulgated standard to avoid a
future problem and stop the practice
where it is followed. The/term "surfac
ing" Is defined to include the deposit of
asbestos tailings on roadways covered
with snow or Ice: therefore; this practice
Is prohibited.
__
Consideration was given to Including
provisions In the standard requiring
proper disposal of the asbestos material
generated during demolition and col
lected In control devices used to comply
with the requirements of this standard.
It was decided that this was not neces
sary because the Occupational Safety
and Health Administration regulations (29 CFR 1910.93ath) i include house
keeping and waste disposal requirements.
These regulations require-that any as
bestos waste, consigned for disposal, be
collected and disposed of in sealed Im
permeable bags or other closed. Imperme
able containers.
The potential environmental Impact of
the promulgated standard was evalu
ated. and It waa concluded that the
standard will not cause any adverse ef
fects. The potentially adverse environ
mental effects of the standard are:
(1) The asbestos-materials which wfll
be collected in control devices and gen
erated during demolition will have to be
disposed of or recycled.
(2) Materials, such as mineral wool,
ceramic wool, and fiberglass, will be lub-
stituted for asbestos presently contained
In spray-epplied fireproofing and Insulat
ing materlala.
In some manufacturing operations, a
major portion of the asbestos-material
collected by fabric fllters_ls either re
cycled to the process or Is marketed for
other uses. For example, on* asbestos tex
tile mill recycles large quantities of
longer-flber asbestos for process use and
sells more than 90 percent of the remain
ing collected materials to a brake lining
manufacturer. Consequently, a signifi cant portion of the Increased quantities
of "wists" asbestos materials which will
result from tfaa Implementation of the
standard will not require disposal. Where disposal is required, the Occupational Safety and Heilth Administration regu lations (29 CFR 1910 93a(h)> require that any asbestos waste, consigned for
disposal, be collected and disposed of in sealed impermeable bags or other closed, impermeable containers. The contamina tion of ground water supplies with asbes tos from landfill disposal is not consid ered a potential proolem.
The substitution of ceramic wool, min eral wool, and fiberglass for asbestos Is not now known to be a proolem. There Is no evidence that these materials eause health effects in the concentrations found In occupational or ambient environments.
Although the standard was not based on economic considerations. EPA is aware of the impact (55) and considers It to be reasonable Costs among the various
sources covered by the standard are quite variable. Although the standard may ad versely affect some individual plants or companies which are marginal opera tions. it appears that such effects will be minimal and the Impact to the asbestos
Industries as a whole will not be large.
P rmnir-ti
f. Cooke, w E t Fibrosis or the Lungs Sue
to tbs Inhalation of Asdssvos Dial. Brit. UiC. J. i. 147.1924.
2. Cooks, w g,: Pulmonary Asbntoska
Brit. MM. 2. 1024-102S. 1927.
1 Diiuud. W C.. J. M DaJlsvslls, T. L
Edvards. J. w MtUer. and II. R. Sayers: A
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FtBOAL (MISTll, VOL 3*. MO. 44--JIIDAV, APIA itn
DUP 0905053
HUES AND tECULATIONS
9823
10 McCaughtr. W T *. O t. Wd. aad
C cat* Expo*ur* to Asb*w Omt tad
DiSuM fneurmi M*ota*ilom* Artt Mod. Jm
2, 1597. IP.
--
41. McOocoJd. A. D. A. Hatp*t. 0. A. B*
AtiAT. ond J. C. McDonwa; ?idaualo7 at
Primary MaJlssjmtMesotaeiiAi Tumor* --
CanAd*. Ctnc*r. 2d. 014-019. 1070.
t! Ncw&oum. U. L,, cad E. Tiomp*ea:
Epidemiology of J*fesot&eli*i_Tumorv tn t&l
London Are a. Ann. N,T. Ac*d. Sd.. 222, 079--
Ml 1000.
--
<j. Oven. W O : UecothellAl Tumor* aa4
Expour# to Asbatio* Duct. Ana. NT. Aimrt.
flcL. 122. 874-079. 1900.
=
44 Seiitoff. L 2- J. Cfcurf, cad X. C. 2U--
moad: Relation Between jrj>a*ur* to A**
txtioi end Mesotocnoma. N*w tax. J. Mad.
272 060-MS. 1905.
4s Wright. O W : Aibrto* cad Hr*Jt5 t&
1009 Am. fUr Rerp DU. 100. *07-479, 190*.
it StlikoS. L J.. I C
tad 2.
Cburg: Ad&cctoo Enpocur*. Bmating cad
Kaoptcdc. JAMA. 204, 100-112. 1900.
47. Wc^ncr, 2. C,, C. A (?*. t&4 F.
Mtrcbcnd: Dlffua* Plrurcl Macot&cuomc cad
Aiboctac Cxpoaur* la th* North Wcatarm
Cep* ProTiaea. Brit. J. Lad. Uad. 17, 30&-E7V
4i. Chcapton. P.: Tvo com* ot MillfTitftt
Ucsot&cilomc Alvar Erpocurt_ta A*ntnd
Am. JUT, Rasp. Dl. 102. 021-436. 1971.
49. SelUofl, X. J, cad S. C. Bcmxooad: Xh*
nronmentd Epldnuolocy. 133. CoaatBUtf
Uku of Noaoccupcuoad Z&nroasM&t--
Aabetto* Kxpocur*. An. 2. Fuh. Stall*. M,
1850-1605. I960.
__
50. Wagner. 2.C.: Ep)dmic4ot7 oX Dlffu--
Macot&cnd Tumor*: Eridt&e* of ca Acrni
non from Studies la South Africa cad Ud
Celled Kiardom. Aaa. NT. Acad. BcL, 222.
075-071.1906.
=-
51. Nctioad Lastituu for Oenxpauonal
SaX*ty cod HccJth: Occupational Ixponns
to Asbaatoa (Criteria for c Kcnnmmaartsd
Stcadcrd). Wcshiactoa, CA. Dapartmaot at
Health. Education. cod WaUara (FBI,
&5MBA), 1973 (B5M 73-lMfT).
<2. SalUoff. X. 2, W. J. Nicholson, cad A B.
Laa(*r: Acbsctoa Air Pollution. Arch. Skftr.
Health. 2S, 1-19. 197X
12. Nstioocl Aeadac&y at
IdadM
(Tha N**d Xor cad Feaaibflity ad Atr Nt%>
uon Controls). Washington, Mauoaal A--*
my at Sdeacss, 1971, 40 pp
34. National I&mtary at Soctc-- cad
Emissions--Cadmium, Jflcttf. cad Astanac
Report by W. t Darla * AaocisM odd
eoatrcci to ths Oapartmtot or Haalt*. M*
esuon. cad WriXara (Coanoc Jlo. CFA &
09-101). F*h. 1070.
55. Rscewch Trtaxxfi* Xnststot*:
heaeir* itudy at Spaciasd Air Fotlottt--
Source* to Access tb* Economic Impact at Air
Quality Standard*--Ax basics. Ssryuiua. Msr*
cury. Report prepervd uadr eoatrM to Os
EanronmentsJ Protection A|*sey (Contract
Ho. ---03-000). Aug. 1973L _
8825
OCXEJUI. PlOVUJOK*
The (IxndLrdt promulgt'^d belov an applicable to new. mooiAed. and emuat aources. Anr nev or modtfled tource must comply wltn the standards upon befla. nine operation. Any existing source must comply with the standards within N days adter promulgation, unless a walrer of compliance Is granted.
After considering the proposed general provisions and the comments received on them, the Administrator made several changes which axe included In the stand, ards promulgated below. A new section was added to specifically require new sta tionary sources to notify the Administra tor before beginnning operation. Tha requirements for source reporting and request for waiver of compliance were combined into one section. The time for submitting the soures report was ex* tended from 30 to SO days to provide sources with more time to complete ths information required. Appendix A was added to provide sources a description and format of the Information required.
The proposed standards required all sources of mercury and beryllium to test their emissions within I months of the effective date and at least once every 3 months thereafter; a provision was In cluded to allow the Administrator to waive the periodic teste for sourcee In compliance with a standard. The stand ards promulgated below require the Ini tial teat within 90 dayt of the effective date and include a provision to allow tha Administrator to waive this requirement If the source Is meeting the standard or has requested a waiver of compliance. Periodic tests are not required unless specifically requested by the Administra tor. The Administrator may cancel a waiver of emission tests and may require a test under the authority of section 114 of the Act at any time. Appendix A speci fics the Information which a source must provide the Administrator when applying for a waivar of Initial emission testing.
Tha standards promulgated below do not require the owner or operator to request a waiver of compliance before a specific date. However, the owner or op erator should submit the request within 30 days after the effective date of the regulation to be assured that action wtU be taken on the waiver application prior to the 90th day after the effective date. Continued operation in excess of a stand ard after the 90th day without a waivar Is a violation of tha act.
The Administrator may grant an exist ing source a waiver, permitting a period of up to 2 yean for compliance, provided that steps wifi be taken during the waiver period to assure that tha health of per sons will be protected from Imminent endangerment and provided that such period is necessary for the installation of controls. To be granted a waiver of com pliance, a source must submit a written request to tha Administrator and pro
vide certain information to assist the
Administrator in making a judgment.
rtORAi tfOSm, VOt. )l. NO. S--raioav am a m
DUP 0905054
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