Document MJwom00Mj77kyM15xnNKvx2kL

e.i '&#***Iw ' tfi/v INTERNAL CORRESPONDENCE----------------------------- CHEMICALS AND PLASTICS r. u. dUa bjoi, 3uum ^nMKLc^ivj>c r, . w A 1-/11 < 1 SAl'bTY DPARTMENT To (Nm*) See Attached Distribution List *> June 22, 1977 Originting Dept. Subj> Guidance for Compliance with EPA Asbestos Regulation Gentlemen: Enclosed is an outline providing guidance for compliance with Environmental Protection Agency regulation, 1(0 CFR 61, Hazardous Air Pollutants, as it applies to the removal and disposal of asbestos-containing insulation and the notification of appropriate regulatory agencies. The outline summarizes key requirements of the regulation and suggests a standard format for use in notifying regulatory agencies. It is recommended that current location procedures be reviewed and any appropriate changes implemented to conform with specified removal and disposal requirements. It is also suggested that locations within the same EPA Region coordinate the timing for initial notification of the proper regulatory agencies to make the submissions reasonably concurrent (August I might be a realistic target date). It is further suggested that larger locations will find that annual notifica tion on a calendar year basis (in early December of the prior year, except for 1977) using the best estimate of expected activity will minimize their paper work. The EPA regulation is in addition to an OSHA standard governing worker exposure (29 CFR, Chapter XVIl. Section 1910.1001). However, only EPA requires notifica tion of removal and disposal activities. The cost impact of modifying proce dures to meet EPA regulations appears to be quite variable within Chemicals and Plastics, but would seem to be in the range of $100,000 - $200,000 total, on an annual basis. Any requests for clarification of the plan requirements should be directed to Mr. D. G. Moshier of the Maintenance Operations Team. Copies of the regula tion can be provided upon request (they may be found in the Environment Reporter at 121:0A61). Siairtrely, RAH/w R. A. Huber Maintenance Operations Manager PLAINTIFF'S EXHIBIT v* ,,/:,*. / 7 " UC-1617 GUIDANCE FOR COMPLIANCE WITH EPA ASBESTOS REGULATION I. REGULATION AND APPLICABILITY Regulation - AO CFR 61, Subparts A and B Applicab?1ity - To the demolition of structures or renovation of equip ment and piping that involves removal of more than 160 square feet or 260 lineal feet of insulation containing more than one percent asbestos by weight, either in a single project or a predictable series of projects over the course of one year that are additive to this amount. OVERALL REQUIREMENTS OF REGULATION Practices - Comply with defined removal and disposal practices. Notification - Provide timely notification of EPA. KEY REQUIREMENTS - REMOVAL PRACTICES (1) Insulation shall be removed prior to demolition where the demolition would likely damage and expose insulation. (2) Insulation must be wetted prior to removal and kept wet until disposal is accomplished. (3) Insulation on pipe or equipment which is to be removed in sections must have exposed surfaces wetted and kept wet during dismantling. (A) Stripped insulation must not be dropped or thrown to the ground. Dust tight containers or chutes must be used for lowering insulation removed that is more than 50 feet above ground level. KEY REQUIREMENTS - DISPOSAL PRACTICES (1) No visible emissions of insulation are allowed in transport to the disposal site. (2) No visible emissions may result from disposal operations. (3) For disposal areas one of the following requirements must be met: (a) A six-inch earth cover is provided over disposed insula tion within 2A hours. (b) An effective resinous or petroleum-based dust suppression, agent is applied at the end of each operating day. (c) A natural barrier adequately deters public access to the site. 2. (d) The area is fenced and (20 x 14 inch) warning signs are posted at least every 330 feet. [See Attachment 1, 5 61.25] REQUIREMENTS - EPA NOTIFICATION Timing - EPA and applicable States are to be notified either: (a) Annually, or (b) 10 days prior to planned demolition or renovation, or (c) As soon as possible after beginning an unplanned (emergency) removal project. The above notification requirement applies whenever the total amount for the project or time period exceeds 160 square feet of equipment or 260 lineal feet of pipe insulation. Office to be Notified - [See Attachment 1, 61.04] Federal: Director, Enforcement Division Environmental .Protection Agency (Regional Office City Address) State: (Applicable only in the following CtP states) California (Sacramento County) (Bay Area) Georgia New York North Carolina Suggested Text of Notification Letter The attached notification relative to the demolition and/or renovation of facilities containing friable asbestos insulation is provided per requirements of 40 CFR 61, Subpart B, Section 61.22 (d). Please contact the writer if there are questions concerning information contained in the notification. Signed ___ 3. Form of Notification [See also Attachment 1 5 61.22] NOTICE OF INTENT TO DEMOLISH OR RENOVATE STRUCTURES, EQUIPMENT OR PIPING INVOLVING FRIABLE ASBESTOS INSULATION (1) Name of Owner ________Union Carbide Corporation (2) Address of Owner (Location Street Address) (3) Description of Facility ________ Various buildings, equipment and piping used in manufacture and distribution of chemicals and plastics. An estimated xx square feet and yy lineal feet of insulation to be removed. (A) Address of Site _______ (Same as item 2 above) (5) Scheduled Start and Completion Dates (Either calendar year or other specified dates) (6) Nature of planned demolition or renovation and methods employed Demolition of obsolete facilities and renovation of existing facilities. (7) Procedures employed Insulation wetted before removal, lowered to ground, disposed in a site which is (fenced or protected by natural barrier or covered daily).- _________________ (8) Name and address of disposal site (Either same as 1 and 2 above or information for contractor site) (9) Agency ordering demolition Not applicable NOTES The regulation applies to friable asbestos which would mean insula tion containing more than one percent asbestos by weight which can be reduced to powder, when dry, by hand pressure. Any insulation purchased prior to 1975. containing asbestos as reinforcement, would meet the definition'of friable asbestos and be subject to the regula tion. New insulation does not contain asbestos. A standard text for a notification letter and a format for the notice (filled in with standard responses or indication of the type of response) are included. For locations with a reasonable amount of continuing activity involv ing insulation removal, paperwork would be minimized and made more routine if notification were made annually (in December for the coming year) using a best estimate of insulation quantities involved. Other locations may find that annual notification is unnecessary. Recognize that an Occupational Safety and Health Standard, 29 CFR, Chapter XVII, Section 1910.1001, "Toxic and Hazardous Substances" impose certain requirements for personnel equipment, clothing, monitor ing, and medical examinations in work areas involving exposure to asbestos dust. There Is a certain amount, but not total overlap with the EPA regulation. The EPA regulation applies to[any work done at a- facility whether by company or contract personnel. Company personnel involved with contractors should assure that notification responsibility is assigned to the contractor in the work specification, or performed by the company. It is suggested that disposal sites for asbestos be fenced (but not posted) even where another approved alternative requirement is being met to avoid future problems from uncovering the material inadvertently. . ATTACHMENT I Excerpts from EPA Hazardous Air Pollutant Regulation ENVIRONMENTAL PROTECTION AGENCY REGULATIONS ON NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (40 CFR 61; 38 FR 8820. April 6.1973; Amended by Code of Federal Regulations.Volume 40, Revised as of July 1. 1976; 41 FR 27967, July 8. 19767 41 bk J'J264. August 9. 1976; 41 FR 34629. August 16, 1976; 41 FR 3691R September 1. 1976; 41 FR 40108, September 17. 1976; 41 FR 40467, September 20, 1976; 41 FR 43148. September 3R 1976; 41 FR 44860, October 13. 1976; 41 FR 46559, October 20, 1976; 41 FR 53017, December 3, 1976; 41 FR 54750 December 15, 1976; 41 FR 56805, December 30, 1976) Subpart A--C'anerat Provisions 1.04 Allrat. *) All requests, reports," applications, mlttala. and other communications to : Administrator pursuant to this part. J1 be submitted in duplicate and odAsed to the appropriate Regional Of> of the Environmental Protection ency. to the attention of the Director, /orcement Division. The regional ofss are as follows: Region I (Connecticut. Maine. Rev HunpIre, MxAucbueetle. Rhode Island. Vr- int), John F. Kennedy Federal Building, rton, Massachusetts 02203. Region II (New York. New Jeraey. Puerto jo. Virgin Islands), Federal Offlco BuUd* 38 Federal Plaza (Foley Square), New vk. N.T. 10007. Region IC (Delaware. District of Columbia, nnaylraola, Maryland, Virginia, West Vlr- lU). Curtis Building, Sixth and Walnut reels, Philadelphia, Pennsylvania 19108. Region IV (Alabama, rlorlda. Georgia. Ml- stppl. Kentucky. North Carolina, South -rollne, Tenncesee). Suite 300, 14U1 reachre Street. Atlaota, Georgia 30309. , Region V (Illinois, Indians. Minnesota, chlgan. Ohio, Wisconsin), 1 North Wacker lve. Chicago, Illinois 80808. Region Vl (Arkansas, Louisiana, New ulco, Oklahoma, Tezas), 1800 FstUnm reel. Dallas. Texas 78201. Region VII (Iowa. Kansas. Missouri, Ktoka'). 1718 Baltimore Street. Kansas City, saouri 83108. Region VIII (Colorado, Montana. North Da ta, South Dakota, Utah, Wyoming), 198 acoln Towers. 1880 Llnooln Street, Denvaf, dorado 80203. Region IX (Arizona. California, KawAtl, vada, Ouam. American Samoa), 100 Call-' ml a Street. San Francisco, California 94111. Region X (Washington, Oregon, Jdahjo, sake). 1200 Sixth Avenue, Seattle. Wpangton 9&10L. <b) Section 112(d) directs the Admintxator to delegate to each State, when sproprlale. the authority to implement ad enforce the national emission standrda for hazardous air pollutantaTor staonary sources located In such State". 11 information required to lie submitted > EPA under paragraph (a) of thl{.SC-on. , must also be submitted to tire aproprlate state Agency of any Stale to hloh this authority has been delegated provided, that each specific delegation iay exempt sources from a certain fedral or Stall reporting requirement). The ppropriate-mailing address, lor those States whooe< delegation requeat tea Veeq approved Is aa follows: P-Csitfomia: Bay Area Air pollution Control District, 9*9 B3k Street, Sen Francisco, CA Ml0B. Sacramento County Air Follu.tlon Control District. 3701 Branch Center Road. Baoramento. CA 98S37. (L) Stats of Georgia. Environmental Pro tection Division. Dcpartmeht'of Natural Re sources. 270 Washington Street, 8.W- At lanta. Georgia >0334. (HR)--New York: New York State Depart ment of Environmental Conservation. JO Wolf Road. Albany. New York 12233. attention': Division of Atr'Basonrcea (40 FR 48347, Oeiober 15. 1975| (II) North Carolina Environmental Man agement Commission. Department of Natural aud Economic Resources, Division of Envi ronmental Management, P.O. Box 27637, Ra leigh. North Carolina 37811. Attention: All Quality Section. Subpsrt B--National Emission Standard for Asbestos S 61.22 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 institutional, commercial, or industrial building (in cluding apartment buildings having more tlian 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- (2) Written notice of Intention to de molish or renovate shall be provided to the Administrator by the owner or opera tor of the demolition or renovation oper ation. Such notice shall be postmarked or delivered to the Administrator at least 10 days prior to commencement of demo lition. or as early as possible prior to commencement of emergency demolition subject to paragraph (d)(6) of this sec tion. and as early as possible prior to commencement of renovation. Such no tice shall include the following Informa tion: (1) Name of owner or operator. (H) Address of owner or operator. (ill) Description of the building, struc ture, facility, or installation to be de molished or renovated. Including the size, age. and prior use of the structure, and the approximate amount of friable asbestos material used for insulation and fireproofing. (iv) Address or location of the build ing, structure, facility, or Installation. (v) Scheduled starting and comple tion dates of demolition or renovation. (vi) Nature of planned demolition or renovation and method (s) to be em ployed. (irll) Procedures to be employed to meet the requirements of this paragraph and paragraph (J) of this section. (vlii) The name and address or loca tion of the waste disposal site where the friable asbestos waste will be deposited. Ox) Name, title, and authority of the State or local governmental representa tive who has ordered a demolition which Is subject to paragraph (d)(6) of Ihfs . section. 61.2S T*lc disposal tiles. (b> Warning signs shall be displayed at all entrances, and along the propel ty line of the site or along the perimeter of tlie sections of the site where asbestoscontaining waste material Is deposited, at Intervals of 100 m <ca. 330 ft) or lcs* except as specified in paragraph di oi this section. Signs shall be posted In sucli a manner and location that a person nuy easily read the legend. The warni-ir signs required by this paragraph shill conform to the requirements of 20" x 14" upright format signs specified in 29 Cl71 1910.145(d) <4> and this paragraph. The signs shall display the following legend in the lower pane!, with letter sizes and styles of a visibility at least equal to those specified In this paragraph. UCKNU AaarsTos Wastv. Distosai. 3m Do Not Create Dust Bresthln- Asbestos Is Htttrdons to Your Health Notation I" Sms Serif. Gothic or Block *;* Sxn* Serif. Gothic or Block 14 Point Gothic Spacing between linos shall be at less: equal to the height of the upper of the DISTRIBUTION LIST Location Bound Brook Brownsvilie Elk Grove Institute Marietta Niagara Falls Seadrift Sistersvi1le South Charleston Taft Technical Center Texas City Torrance Latex Plants Distribution UCCI Plant Manager R. A. DeCoudres V. W. McManus J. 0. Zimmerman H. J. Karawan C. A. Wales G. C. Merz D. L. Goris A. W. Boyd C. A. Kei1 T. L. Rapp J. W. Biddle D. L. Engle J. A. Grady - H. L. Robinson Plant Maintenance Manager Asst. Plant Manager EP/OH Coordinate P. A. Schultz J. L. Goodson A. L. Barefoot R. C. Glock - P. Barna C. E. Rogan, Jr*. T. J. Oliver G. W. Bartlett R. L. Shomo C. A. McNeill R. G. Link L. W. Phair R. N. Bates A. G. Stephens W. E. Shackelford * T. 0. Blum J. S. Knight J. M. Stogdon - G. R. Stringer L. T. Windel R. L. Foster R. G. Hull-*-*** C. C. Duffield V. D. Dutcher J. A. Helm D. G. Olds L. E. Carlson J. L. Worstell A. W. Carlson D. L.White G. F. Hurley J. B. Leverton J. P. Alexander K. G. Morlock A. R. Randall R. A. Mendez 0. L. Brucker J. E. Stevens V. Vega F. D. Bess - 511 N. W. Gaines - 511 R. C. Hieronymus - 511 E. Q. HulI.MD - 511 R. T. Kramer - 512 M. G. Manetti - NY0,1|6 A. E. Montagna - NY0,21 0. G. Moshier - 511 R. E. Peele * 511 E. C. Powell, Jr. - 511 T. P. Raby - 312 M. D. Seymour - 511 R. D. Stief - 511 B. H. Thomas - 511 D. T. Watters - 511