Document MaZqmbJ31ed2JGg5arZkEkKz

FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMDS, NJ 07652 BULLETIN N 0. 7 6 8 July 21, 1933 ENVIRONMENTAL PROTECTION AGENCY (EPA) PROPOSED AMENDMENTS TO NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS) The EPA announced in the FEDERAL REGISTER of July 13, 1983 its pro posals for amendment of the National Emissions Standards for Hazard ous Air Pollutants (NESHAPS) as applied to its asbestos standard. A copy of the notice is enclosed. While several of the proposals in this notice pertain to the con struction industry, there are sections impacting the asbestos products manufacturing industry. These Involve alternate work practices to the no visible emissions standard end proposals in the waste disposal area. The enclosed is sent as a matter of Information. HO/dr Distribution: Delegates and Alternates ;1. E. A. Committee E. W. Drislane Executive Director FMSI-0391 FMSI 02629 32128 Federal Register / Vol. 48, No. 135 / Wednesday, July 13,1983 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Pert 61 [AO-FRL-321S-4I National Emission Standards Tor Hazardous Air Pollutants; Amendments to Asbestos Standard AGENCY: II.S Environmental Protection Agency (EPA). ACTION: Proposed role and notice of public hearing. SUMMARY: These proposed amendments to the national emission standard for asbestos would reinstate work practice and equipment provisions of the standard that were held not to be emission standards by the Supreme Court in 1978. They would also reword and rearrange other portions of the standard for clarity. A public hearing will be held, if requested, to provide interested persons an opportunity for oral presentation of data, views, and arguments concerning the proposed amendments. Dates: Comments, Comments must be received on or before September 9,1983. Public Hearing. If anyone contacts EPA requesting to Bpesk at a public hearing by July 27,1983. a public hearing will be held on August 9,1983 beginning at 10:00 a.m. Request to Speak oi Hearing. Persons wishing to present oral testimony must contact EPA by August 3,1983. ADORESOES: Comments. Comments should be submitted (in duplicate if possible] to: Central Docket Section (LE-131), Attention: Docket Number A83-02, U S. Environmental Protection Washington, D C 20460. A reasonable fee may be charged for copying. FOR FURTHER INFORMATION CONTACT: Mr. Gene W. Smith, Standards Development Branch, Emission Standards end Engineering Division (MD-13], U.S. Environmental Protection Agency. Research Triangle Park, N.C. 27711, telephone number (919) 541-5624. Persons interested in attending the hearing should call Mrs. Naomi Durkee at (919) 541-5578 to verify that a hearing will occur. SUPPLEMENTARY INFORMATION.' On April 6,1973 (38 FR 8826), EPA promulgated national emission standards for hazardous air pollutants (NF.SHAP) for asbestos in Subpart B of 40 CFR Part 61, pursuant to Section 112 of the Clean Air Act, as amended in 1970. Amendments to the NESHAP were promulgated on May 3,1974 (39 FR 15308). October 14, 1975 (40 FR 48299), and March 2.1077 (42 FR 12127). Parts of the NESHAP were in the form of work-practice standards, which were later held by the Supreme Court nol to be emission standards within the meaning of Section 112, as amended in 1970. Adamo Wrecking Company v. United Stoles. 434 U.S. 275 (1978), On August 7,1977, Section lt2 of the Acts was amended to specifically authorize "design, equipment, workpractice and operational standards," Section 112(e). On June 19,1978 (43 FR 26372), EPA repromulgaled many of the work-practice standards In the NESHAP, pursuant to Section 112, as amended in 1977. The provisions so repromulugated were 40 CFR 61.22(d), (d)(1), (d)(2)(iii). (d)(4)(i)-(iv). (e). (e)(2) (in part], and (e)(3). Work-practice standards contained in other portions of the NESHAP were not action would have minimal adverse economic effects. I lowever, this action is intended to make clear ErA's intent that asbestos emissions be controlled. Another purpose of the proposed rulemaking is to reword and rearrange various provisions of the NESHAP for clarity. This has resulted in the addition of several sections and the redesignation of the NESHAP us Subpart M. The discussion below, however, will refer to the old paragraph numbering system for ease of understanding. A listing is provided to show the new section numbers in which the provisions contained under the old numbers can be found. Oka Oewgrwtion (Subpert B) (section) fil .20... 6V21 .... 6VZ2.......... ()-(b>. (c).. W)- WHIM-........ id)(i)Hii (d*?> - WOMIMA), IB).. WH3|(h) WX> \m) (d)(8) (io).............. ta)(to. (0 --....... (1). ft). .... 61 2? 61.24. 6128 DoRJgrmhon (Subpart M) (oectton) 61.140 61.141 61 142 61 143 61.144 61.145 61.145 61.146 61.146 61.145 61.145 61.147 61.146 61.145 61.148 61 142-61.1&2 61.141 0M40 61150 61152 61151 61 153 61.154 91.156 61.156 The authority and basis for this proposal Is contained in Section 112(e) of the Clean Air Act, as amended in Agency. 401 M Street, SW., Washington, ` repromulgated in 1978 [5 61.22(b), 1977. This Section provides that the D.C. 20480. (d)(4)(v) and (vi), (d)(6)(iii) and (tv), (f), Administrator maty promulgate a Public Hearing. If a public hearing is (i), (j)[2) and (3), (k)(2) and (3). (l)(2)-(5); "design, equipment, work practice, or held, it will be held at the 61.23; and 16l.25|b)-(e)J. Some of operational standard, or combination Environmental Research Center these paragraphs contain both emission thereof" for control of a hazardous air Auditorium. Corner of Highway 54 A limits and work-practice standards. EPA pollutant If it is infeasible to prescribe Alexander Drive, Research Triangle intended that owners and operators an emission standard under Section Park. North Carolina. Persons wishing to could comply with either the emission 112(b) for the pollutant. Such present oral testimony should notify limit or the work-practice standards at infeasibility occurs, for example, when Mrs. Naomi Durkee, Standards their option. The emission limits were "a hazardous pollutant or pollutants Development Branch (MD-13), U.S. not affected by the Court's ruling. The. cannot be emitted through a conveyance Environmental Protection Agency. rulemaking being proposed today would designed and constructed to emit or Research Triangle Park, North Carolina reinstate the work-practice standards capture such pollutant" or when "the 27711. contained in these paragraphs. It would application of measurement Docket. Docket number A-83-02, also reinstate the work-practice methodology to a particular class of containing supporting information used standards in other paragraphs that do sources is nol practicable due to in developing the proposed not contain an alternative emission technological or economic limitations." amendments, is available for public limit. For some asbestos emission sources inspection and copying between 8:00 Many of these privisions are being affected by this proposed rulemaking, a-m. and 4:00 p:m,, Monday through Friday, at EPA's Central Docket Section, West Tower Lobby, Gallery %, complied with now. and most owners and operators of asbestos sources are conscientiously minimizing asbestos the Administrator finds that it is not feasible to prescribe a numerical emission limitation because the Waterside Mall, 401 M Street, SW., emission. Therefore, today's proposed asbestos cannot be emitted through a FMSI 02631 Federal Register / V. >]. 48, No. 130 / Wednesday, July 13, 1983 / Proposed Rules 32127 c.irriveyance that readily oitphrru.v itii s-:icj7i> for measurement and because such measurement, in any event. would K; ti'chnologic.iily and economically impiai ticahh:. An Example of snob a source is Ihn emission of asbestos fibers riming the demolition ef a building ixo,mining friable asbestos materials. I ',u (.thi i types of asbestos emission Noumea, u numerical emission limitation would be feasible under certain conditions but not under others. For example, under cnimnl conditions, a waste t!i.-posai site could tie operated with mi visaMo emissions Under highwiud conditions, however, visible emissions could occur oven if good work procedures were followed. Therefore, a no visahle emission limitation that would be achievable under normal operating conditions would be technnlogicnlly impracticable during windy conditions. Work-practice standards provide un alternative means of compliance that would represent best available technology under these and other abnormal conditions. The Administrator believes it is important to provide alternative work-practice standards for sources that may not always be able to achieve no visible emissions even though they employ good asbestos emission control procedures. Therefore, Ihe proposed amendments to the asbestos standard would reinstate work practice and other non-numericHl standards as the only requirement for some asbestos sources and as an alternative to a numerical emission limit for other sourcos. Summary of Proposed Amendments The following sections and paragraphs were either repromulgated in (line 1978 or do not contain work practice or equipment requirements, The Agency is proposing only to reword these for clarity. Therefore, only comments regarding the new wording and not the substantive content of these paragraphs will be considered in this rulemaking. The reworded sections and paragraphs are as follows: fit 20: 5 81.21: 61.22(a), fc), (d)(l|-(3), |dl(4)(i)-(iv) and fvii). (d)(5). (d)(8)fiMii). f<d- (8J. fh). (0(1) and (4). (k)(1), (t)(1): 5 61.24: 61.25(a). The following sections and paragraphs are being proposed for comment on their content as well as being reworded for clarity: 61.22(b). (d)(4)(v) and |vi), (d)(6)(iii| and (ivj, (f), (i). |j)(2) and (3). (k)(2) and (3). (l)(2)-(5): 8 61.23: R1.25(b)-(e). A discussion of these portions ofthe asbestos NFS)!A I1 is presented below. Alternative Non- numerical Standards Several of the paragraphs that are being proposed do not impose any new requirements. Some of these reinstate work practice or equipment specifications that Hie an alternative to the current no visible emissions standard (an emission limit nut affected by the 1978 Supreme Court decision). Others reinstate means of compliance that are alternatives to work practice requirements that were lepremulgated in june 197B. All of these are being proposed today to reinstate Die alternative means of compliance that EPA believes should be available to (huse who must comply with the asbestos NESHAP. Since lltese paragraphs do not impose any new requirements, they would not result In adverse economic or energy impacts to source owners and operators. Following is a discussion of these paragraphs. Section 67.22(d4J(vi) 'This paragraph reinstates alternative work practices that may be used in lieu of those required in paragraph (d)(4)(ii) (wetting during stripping) during freezing weather. Without this alternative, it might not be possible to carry out demolition operations during freezing weather in some caBes. Therefore, beneficial economic impacts may result in those cases, and there would be no adverse economic impacts. Section 61.22(dl(6l(iii) and (iv). Paragraph (d)(6) reinstates provisions exempting demolition operations for structurally unsound buildings from most of the NESHAP, although some requirements would apply. Paragraphs (d)(6|(iii) and (iv) contain two of these requirements. The exemption, even with the requirements in paragraphs (d)(8](iii) und (iv), provides a less restrictive alternative for certain demolition operations. Therefore, proposal of these paragraphs would not result In any adverse economic impacts on demolition operations. Section 61.22(f). (j)(3). (k)(3J(i) and (ii). (V(6); 61.22; and $ 61.25(e) These paragraphs reinstate Htlernative work practices that may be used in lieu of complying with a no visible emission limit. They would impose no additional costs and. therefore, would result in no adverse economic impacts. Non-numerinol Standards With No Alternatives The remaining paragraphs being proposed for comment reinstate specific work-practice requirements for which there hre no alternatives. EPA believes Ihat these proposed requirements would no! impose significant adverse economic impacts on source owners and operators, as discussed below. Section 61.22/hi This paragraph reinstates the prohibition of surfacing roadways with asbestos tailings or asbestos-containing waste. Tills prohibition is not expected to cause serious adverse economic impacts because road surfacing with asbestos tailings or waste materials is not commonly practiced in the United States. The prohibition is necessary, however, to prevent such surfacing in isolated cases. Section 61.22(d/(4)(v) This paragraph would reinstall! the requirement that asbestos removed during demolition or renovation be kept wet until disposal is completed. II would also require that Ihe asbestos not be dropped or thrown 1o the ground or h lower floor and that asbestos removed more than 50 feel above level be transported to the ground in dusl-lighl chutes or containers (unless it is removed in units or sections). There would be no significant adverse economic impact resulting from this paragraph. Provisions of the asbestos NFSHAP that do not require reinstatement require that the asbestos be adequately wetted during stripping and removal. They also require that there be no visible emissions during the collection, handling, and transporting of the asbestos waste. Demolition and renovation contractors typically transport the asbestos they remove from e facility to a waste disposal site on a daily basis. In order to meet no visible emissions during the collecting and transporting activities, they keep the asbestos wet until it is placed into containers and trucks, and they place It into containers as soon as possible to keep it from drying out and . unnecessarily exposing workers to asbestos fibers. Therefore, this paragraph would not significantly affect asbestos removal and collection activities that would occur in its absence. EPA believes it is necessary, however, to ensure that effective asbestos emission control techniques are followed after the asbestos is stripped or removed and before it is taken away to a waste disposal site. Section 61.22(i) This paragraph reinstates the prohibition of commercial asbestos in certain molded and wet-applied insulating materials. It is not expected to FMSI 02632 32128________Federal Register / Vol. 48. No. 135 / Wednesday, July 13, 1983 / Proposed Rules result in significant adverse economic matermts in the United States since economical substitutes are widely available. EPA believes that there is general compliance with this provision but that the prohibition is necessary to make it clear that this use of asbestos should not be reinstituted. Section 61.221)1(2) and (k)(2) These paragraphs simply refer to the requirements of 61.25. Those portions of 01.25 that require repromulgation are discussed below. Section 61.22(l)(2/-(4) and tj 6l.2Sth)-(d) These paragraphs reinstate the requirement for warning signs and fencing around asbestos waste disposal sites if: (1) The owner or operator chooses to comply with a no visible emission limit rather than follow specified work practices, and (2) there is no natural burrier to deter access by the general public. Most disposal site owners and operators currently follow the work practices specified and thus would not be required by these amendments to install warning signs and fences, although many Slates require fencing for all landfills. For the few cases where signs and fencing would not be installed in the absence of these proposed paragraphs, the cost of the signs and fences would be minimal when compared to the cost of the disposal site and its operation. Therefore, there would be no significant adverse economic impacts resulting from these paragraphs. Public Hearing A public hearing, if requested, will be held to discuss the proposed amendments to the asbestos standard in accordance with Sections 112(b)(1)(B) and 307(d)(5) of the Clean Air Act. Persona wishing to make oral presentations on the proposed amendments should contact EPA at the address given in the ADORESSES section of this' preamble. Oral presentations will be limited to 15 minutes each. Any member of the public may file a written statement before, during, or within 30 days after the hearing. Written statements should be addressed to the Central Docket Section address given in Ihe ADDRESSES section of this preamble and should refer to docket number AH3-02. A verbatim transcript of the hearing and written statements will he available for public inspection and copying during normal working hours at EPA's Central Docket Section in Washington. D.C. (see ADDRESSES section of this preamble) Docket The docket is an organized and complete file of all the information submitted to or otherwise considered by EPA in the development of this proposed rulemaking. The principal purposes of the docket are: (11 To allow interested parties to identify readity and locate documents so that they can effectively participate in the rulemaking process: and (2) to serve as the record in case of judicial review, except for interagency review materials [$ 307(d)(7)(A)). Miscellaneous The Administrator will welcome comments on all aspects of the proposed amendments in 8 61.22(b). (d)(4)(v) and (vi). (d)(6)(iii) and (iv). (p. (i). (j){2) and (3), (k)(2) and (3). (l)(2-5); $ 01.23; and | 61.25(b)-(e), including economic and technological issues. For proposed amendments to the remaining portions of Ihe asbestos standard, only comments pertaining to the rewording and rearranging of those portions will be considered by the Administrator. This regulation will be reviewed wilhin 5 yeurs from the date of promulgation. This review will include an assessment of such factors as the need for Integration with other programs, the existence of alternative methods, enforceability, improvements in emission control technology and health data, and reporting requirements. Under E.0.12291, EPA must judge whether a regulation is "major" and therefore subject to the requirement of a Regulatory Impact Analysis. This regulation is not major because it does not meet any of the criteria specified in the Executive Order regarding the annual effect on the economy: increase In cost or prices: or adverse effects on competition, employment, investment, productivity, innovation, or Ihe ability of U.S. enterprises to cumpete with foreign enterprises. These information collection requirements have been approved by Ihe Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of I960. 44 U.S.C. 3501 et seq and have been assigned OMB control number 2000 0264. This regulation was submitted to the Office of Management and Budget (OMB) for review as required by E.O. 12201. ' Pursuant to the provisions of 5 U.S.C. 605(b). I hereby certify that this rule, if promulgated, will not have a significant economic impact on a substantial number of small entities because no significant impact will result. Dated: lurie 29.19R3. William f). RueUelshBus. Admin/stivt.ii PART 61--(AMENDED) ll is proposed to amend 40 CFR Pari 61 by redesignating Subpart B (5 61.20 61.25) as Subpart M and revising New Subpart M to read as follows: Subpart M--National Emission Standard tor Asbestoa S*?C. 61.140 Applicability. 61.141 Definitions. 61.142 Standard Tor asbestos mill*. 61.143 Standard for roadways. 61.144 Standard for manufacturing. 61.145 Standard for demolition and renovation: Applicability. 61.146 Standard For dimolition and renovation: Notification requiremenls. 01.147 Standard fur dimolition and rrnovDtion: Procedure* for asbestos emission control. 61.146 Standard for spraying R1.14U Standard for fabricating. 61.150 Standard for insulating material*. 61.151 Standard for waste disposal for asbestos mills. 61.152 Standard for waste disposal for manufacturing, deinolitiun. renovation, spraying, and fabricating operations. 61.153 Standard for inactive waste disposo! sites for asbestos mills end manufacturing und fibricating operations. 01.154 Air-cleaning. 61.155 Reporting. 61.156 Active waste disposal sites. Authority; Sec. 112 and 301(a) of the Clean Air Act. as amended (42 U.S.C. 7412, 7wn|H). and additional authority as noludbelow. Subpart M--National Emission Standard for Asbestos 61.140 Applicability The provisions of (hi6 subpart arc applicable to those sources specified in 61.142 through 1.153. 61.141 Definitions All terms that are used in this subpart and ae not defined below are given the same meaning as in the Aci and in Subpart A of this part. Active waste disposal site means any disposal site other than an inactive site. Adequately wetted means sufficiently mixed or coated with water or an aqueous solution to prevent dust emissions. Asbestos means the asbestiform varieties of serpentinite (chrysotile). riobeckite (crocidolile). cuvnnringlonitegrunerite, anthophyliite, and actionbtetrcmoliie. Asbestos-contoinhifi waste materia! means any waste that contains commercial asbestos and is generated by u source subject to the provisions of FMSI 02633 Federal Register / Vol. 48, No. [35 / Wednesday, July 13, 1983 / Proposed Rules 32129 `Sis sui/narl. 'I his term includes asbestos mill tailings. asbestos waste from control ttevioi's. fijHltt*' asbestos waste material. and bags or containers that previously contained commercial asbestos. However, as applied to demolition am) renovation operations, this term includes only friable asbestos waste ar'l asbestos waste from control devices. Asbestos nw/eric! means asbestos or any material containing asbestos. Asbestos mill means any facility engaged >n converting asbestos ore into commercial asbestos. Outside storage of asbestus material is riot considered a part of the asbestos mill. Asbestos to: hiigs means any solid waste I ha I contains asbestos and is a product of asbestos mining or milling operations. Asbestos tiiisin (ram control devices means any waste material tbal cimluins asbestos amt is collected in a pollution control device. Commerced ostmstos means any asbestos thal is extracted from asbestos ore. Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations. Emergency renovation operation means a renovation operation thal was mil planned but results from a sudden, unexpected event. This term includes operations necessitated by nonroutine failures of equipment. Fabricating means any processing of a manufactured product that contains commercial asbestos, wilh the exception of processing at temporary sites for the construction or restoration of facilities. Facility moans any institutional, commercial, or industrial structure, installation, oi building (including apartment buildings having more than lour dwelling units). Friable asbestos material means any material containing more than 1 percent asbestos by weight that hand pressure can crumble, pulverize, or reduce to powder when dry. Functional member manna any pipe, duct, boiler lank, reactor, turbine, nr furnace at or in a facility. inactive waste disposal site means any disposal site or portion of it where additional asbestos-containing wasle material will not be deposited and where the surface is not disturbed by vehicular Iral'fic. Manufacturing means the combining of commercial asbestos--or, in the case of woven friction products, the combining of textiles containing commercial asbestos--with any other material(sj. including commercial asbestos, and the processing of (his (3) The manufacture of fireproofing corni>in;itum ;nlc* a product. and insulating materials. Outside air means the air outside (4) The manufacture of friction buildings and structures. products. i'aiiicnlate asbestos material means (5) The manufacture of paper, divided pellicles of asbestos materiel. millboard, and felt. F/onned renovation operation means ' (0) The manufacture of floor tile. a renovation operation, or a number of (7) The manufacture of paints, such operations, iri which the amount of coatings, caulks, adhesives, and friable asbestos material thal witl be sealants. removed or stripped within a given (8) The manufacture of plastics and period of time can be predicted. rubber materials. Individual uunschediiled operations ure (8) The manufacture of chlorine. included if a number of such operations (10) The manufacture of shotgun shell cun be predicted to occur during a given wads. period nf lime. (11) The manufacture of asphalt Remove means to take out friable concrete. asbestos materials from any facilily. (b| Standard: Each owner or operator Renovation means refurbishing lhat of uny of the manufacturing operations includes Ihe removal nT friable asbestos lo which this section applies shall either: materials. (1) Discharge no visible emissions to Roadways means surfaces on which Ihe outside air from these operations or motor vehicles travel. This term includes from any building nr structure in which highways, roads, streets, parking areas, they are conducted: or and driveways. Strip means lo take off friable (2) Use the methods specified by 81.154 to clean emissions from these asbestos materials from uny part of a Facility. Structural member means any toad operations containing particulate asbestos material before they escape to. or are vented to, the outside air. supporting member of a facility, such as taming and load supporting walls: or any nouload-supporthig member, such as ceilings and nonload-suppnrting walls. Visible emissions means any emissions containing particulate asbestos material that are visually detectable without the aid of instruments. This does not include condensed uncombined WHler vapor. 61.145 Standard tor demolition and renovation: Applicability. The requirements of 61.146 and 81.147 apply to each owner or operator of a demolition or renovation operation us follows: (a) If the amount of friable asbestos materials in a facility being demolished is at leusl 60 linear meters (260 linear feet) on pipes or al least 15 square 61.142 Standard for asbestos mWs. meters (180 square feel) on structural or Each owner or operator of an asbestos mill shall either discharge no visible emissions to the outside ain^gmj'fhat- .. asbestos mill or use the methods* ' specified by 01.154 to clean emissions containing particulale asbestos material before they escape to. or are vented to, the outside air. other functional members, all the requirements of 61.146 and 61.147 apply, except as provided in paragraph (c) of this secliou. |b) If the amount of friable asbestos nmteriuls ini facility being demolished is less than 80 linear meters (260 linear feet) on pipes and less than 15 square meters (160 square feel) on structural 61.143 Standard for roadways. and other functional members, only the No owner or operator of a roadway notification requirements of paragraphs may deposit asbestos tailings or asbestos-containing waste material on (a). <b). and (r.) (1). (2), (3). (4). and (5) of 61.146 apply. thal roadway, unless it is a temporary (c) If the facility is being demolished roadway on an area of asbestos ore deposits. 61.144 Standard lor manufacturing. under Hit order of e State or locsl governmental agency, issued because the facilily is structurally unsound and in danger of imminent collapse, only the (a) Applicability: This section applies requirements in 61.146 and in to the following manufacturing paragraphs (d). (e). and (f) of 61.147 operations using commercial asbestOB: apply. (1) The manufacture of cloth, cord, wicks, tubing, tape, twine, rope, thread, (d) If more than 80 linear meters (260 linear feet) of friable asbestos materials yarn, roving, lap, or other textile materials. on pipes or more than 15 square meters (160 square feet] of friable asbestos (2) The manufacture of cement materials on other functional and products. structural members are stripped or FNtSt 02634 32130 Federal Register / Vol. 48. No. 135 / Wednesday. }uly 13. 1963 / Proposed Rules removed at a facility being renovated, al! the requirements of 8 01.146 and 61.147 apply. (11 To determine whether paragraph Id) of this section applies to planned renovation operations involving individual nonscheduled operations, predict the additive amount of friable asbestos materials to be removed or stripped over the maximum period of lime a prediction can be made, not to exceed 1 year. 12) To determine whether paragraph Id) of this section applies to emergency renovation operations, estimate the amount or friable asbestos materials to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation. (e) Owners or operators or demolition and renovation operations are exempt from the requirements of $ 01.05(a). 01.07. and 61.09. $61,146 Standard for demolition end renovation: Notification requiremants. Each owner or operator lo which this section applies shall: (a) Provide the Administrator with written notice of intention to demolish or renovate. (b) Postmark or deliver the notice as follows: (1) At least 10 days before demolition begins if ihe operation is described in 8 61.145(a): (2) At least 20 days before demolition begins if the operation is described in | 61.145(b): (3) As early as possible before demolition begins if the operation is described in 81.145(c): (4) As early as possible before renovation begins. (c) Include the following information in the notice: (7) Name and address of owner or operator. (2) Description of the facility being demolished or renovated, including the size. ape. and prior use of Ihe facility. |3) Estimate of the approximate amount of friable Hsbeslos material present in Ihe facility For facilities descried in 6 61.145(b), explain techniques of estimation. (4) I.ocatinn of the facility being denionlished or renovated. (5) Scheduled starting and completion dates of demolition or renovation. |6) Nature of planned demolition or renovation and niethod(s) lo be used. (7) Procedures to be used to comply with the requirements of this section. (8) Name and location of the wasle disposal sile where Ihe friable asbestos waste material will be deposited. (9) For facilities described in 01.145(c). the name, title, and authority of the State or local governmental representative who has ordered the demolition. 861.147 Standard tor demolition and renovation: Procedure* lor asbestos emission control. Each owner or operator to whom this section applies shall comply with the following procedures to prevent emissions of particulate asbestos materia] to the outside air: (a) Remove friable asbestos material from a facility being demolished before any wrecking or dismantling that would break up the materials or preclude access to the materials for subsequent removal. However, friable asbestos materials need not be removed before demolition if: (1) They are in a structural or functional member that is encased in concrete or other similar material; and (2) These materials are adequately wetted whenever exposed during demolition. (b) When 8 functional or structural member covered or coaled with friable asbestos materials is being taken out or the facility as units or in sections: (1) Adequately wet any friable asbestos materials exposed during cutting or disjointing opeations; and (2) Carefully lower the units or sections to ground level, not dropping them or throwing them. fc.) Adequately wet friable asbestos materials when they are being stripped from functional or structural members before the members are removed from the facility. In renovation operations, watting that would unavoidably damage equipment is not required if the owner or operator: (1) ABks the Administrator to determine whether wetting to comply with this paragraph would unavoidably damage equipment, and, before beginning to strip, supplies the Administrator with adequate information to make this determination: and (2) When Ihe Administrator does determine that equipment damage would be unavoidable, uses a local exhaust ventilation and collection system designed and operated lo capture the particulate asbestos material produced by the stripping and removal of the friable asbestos materials. The system must exhibit no visible emissions lo Ihe outside air or be designed and operated in accordance with the requirements in { 01.154. (d) After a functional or structural member has been taken out of the facility as units or in sections, either: (1) Adequately wet friable asbestos materials during stripping; or (2) Use a local exhaust ventilation and collection system designed and operated lo capture the particulate asbestos material produced by the stripping. The system must exhibit no visible emissions lo the outside air or be designed and operated in accordance with Ihe requirements in 8 61.154. (e) For friable asbestos materials that have been removed or stripped: (1| Adequately wet the materials lo ensure that they remain wet during all remaining stages of demolition or renovation and related handling operations: and (2) Carfully lower the materials to the ground or a lower floor, not dropping or throwing them; and (3) Transport the materials the ground via dust-tight chutes or containers if ihey have been removed or stripped more than 50 feet above ground level and were not removed as units or in sections. (f) When the temperature at the point of welting is below 0'C |32"F): (1) Comply with the requirements of paragraphs (d) and (e) of this section. The owner or operator need not comply with the other wetting requirements in this section: and (2) Remove functional and structural members coated or covered with friable asbestos materials as units or in sections to Ihe maximum extent possible. (g) For facilities described in 8 61.145(c), adequately wet the portion of the facility that contains friable asbestos materials during the wrecking operation. 61.146 Standard for spraying. The owner or operator of an operation in which asbestos-containing materials are spray applied shall comply with the following requisements: (a) Use materials that contain 1 percent asbestos or less on a dry weight basis for sprav-on application on buildings, structures, pipes, and . conduits, except as provided in paragraph (c) of this section. (b) For spray-on application of materials that contain more than 1 percent asbestos on a dry weight Vinsis on equipment and machinery, except as provided in paragraph )c) of this section: (1) Notify the Administrator at least 20 days before beginning the spraying operation. Include Ihe following information in the notice: (i) Name and address of owner or operator. (it) Location of spraying operation. (iii) Procedures to be followed lo meet the requirements of this paragraph. FMS 02635 T Federal Register / Vol. 48, No. 135 / Wednesday, July 13, 1983 / Proposed Rules 32131 (2) Discharge no visible emissions to the outside sir from the spray-on application of the asbestos-containing material or use the methods specified by 5 61.154 to cleen emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. (c) The requirements of paragraphs fa) and (b) of this section do not apply to the spray-on application of materials where the asbestos fibers in the materials ore encapsulated with a bituminous or resinous binder during spraying and the materials are not friable rfter drying. (d) Owners and operators of sources subject to this paragraph are exempt from the requirements of IS 61.05(a), 61.07, and 61.09. $61,148 Standard tor fabricating. (a) Applicability. This section applies to the following fabricating operations using commercial asbestos: (1) Hie fa brication of cement building products. (2) The fabrication of friction products, except those operations that primarily install asbestos friction materials on motor vehicles. (3) The fabrication of cement or silicate 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. (b) Standard. Each owner or operator of any of the fabricating operations to which this section applies shall either (1) Discharge no visible emissions to the outside air from any of the operations or from any building or structure in which they are conducted: or (2) Use the methods specified by ( 61.154 to clean emissions containing particulate asbestos material before they escape to, or are vented to. the outside air. $61,160 Standard tor insulating materials. After (he effective dute of this regulation, no owner or operator may install insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of this paragraph do not apply to sprayapplied insulating materials regulated under $ 61.148. $61,151 Standard tor waste disposal for asbestos mills. Each owner or operator of any source covered under the provisions of SBi.142 shall: (a) Deposit all asbestos-containing waste material at waste disposal sites operated in accordance with the provisions of $ 61.156; and (b) Discharge no visible emissions to the outside air from the transfer of asbestos waste from control devices to the tailings conveyor, or use the methods specified by S 61.154 to clean emissions containing particulate particuate asbestos material before they escape to, or are vented to, the outside air. Dispose of the asbestos waste from control devices in accordance with {61.152(b) or paragraph (c) of this section; and' (c) Discharge no visible emissions to the outside air during the collection, processing, packaging, transporting, or deposition of any asbestos-containing waste material, or use one of the disposal methods specified in paragraphs (c)(1) or (2) of this section, bs follows: (1) Use a wetting agent as follows: (1) Adequately mix all asbestos- containing waste material with a wetting agent recommended by the manufacturer of the agent to effectively wet dust and tailings, before depositing the material at a waste disposal site. Use the agent as recommended for the particular dust by the manufacturer of the agent. (ii) Discharge no visible emissions to the outside air from the wetting operation or use the methods specified ' by { 61.154 to clean emissions containingparticulate asbestos material before they escape to, or are vented to, the outside air. (iii) Wetting may be suspended when the ambient temperature at the waste disposal site is less than -9.5'C (15*F). Determine the ambient air temperature by an appropriate measurement method with an accuracy of 1"C (2*F). and record it ai least hourly while the wetting operation is suspended. Keep the records for et least 2 years in a form suitable for inspection. (2) Use an alternative disposal method that has received prior approval by the Administrator. $61,162 Standard for waste disposal tor manufacturing, demotltlon, renovation, spraying, and fabricatingopetaUons. Each owner or operator of any source covered under the provisions of {$ 81.144-61.149 shall: (a) Deposit all asbestos-containing waste material at waste disposal sites operated in accordance with the provisions of $ 61.156; and (b) Discharge no visible emissions to the outside air during the collection, processing (inducing incineration), packaging, transporting, or deposition of any asbestos-containing waste material generated by the source, or use one of the disposal methods specified in paragraphs (b)(1), (2), or (3) of this section, as follows: |1) Treat asbestos-containing waste material with water: (1) Mix asbestos waste from control devices with water to form a slurry: adequately wet other asbestoscontaining waste material; and (ii) Discharge no visible emissions to the outside air from collection, mixing, and wetting operations, or use the methods specified by $ 61.154 to clean emissions containing particulate asbestos material before they escape to. or are vented to, the outside air and (iii) After wetting, seal all asbestoscontaining waste material in leak-tight containers while wet; and (iv) Label the containers specified in paragraph |b)(l)|iii) as follows: CAUTION Contains Asbestos Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health Alternatively, use warning labels specified by Occupational Safety and Health Standards of the Department of Labor, Occupational Safety and Health Administration (OSHA) under 29 CFR lB10.1001(gJ(2P). (2) Process asbestos-containing waste material into nonfriable forms: (i) Form all asbestos-containing waste material into nonfriable pallets or other shapes; and (ii) Discharge no visible emissions lo the outside air from collection and processing operations, or use the methods specified by $ 61.154 to clean emissions containing particulate asbestos material before they escape to. or are ventejl to, the outside air. (3) Use an alternative disposal method that has received prior approval by Ihe Administrator. 161.153 Standard tor Inactive waste disposal sites tor asbestos milts and manufacturing and fabricating operations. Each owner or operator of any inactive waste disposal site that was operated by sources covered under ${ 61.142,61.144. or 61.149 and received deposits of asbestos-containing waste materia] generated by the sources, shall (a) Comply with one of the following; (1) Either discharge no visible emissions to the outside air from an inactive waste disposal site subject to this paragraph; or (2) Cover the asbestos-containing waste material with at (east 15 centimeters (6 inches) of compacted FMSI 02636 32132 Federal Register / Vol. 46, No. 135 / Wednesday, July 13. 1983 / Proposed Rules nonasbestos-contuining materisl. and jrow and maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material: or (3) Cover the asbestos-containing waste material with at least 60 centimeters (2 feet) of compacted nonasbestos-containing material, and maintain it to prevent exposure of the asbestos-containing waste; or (4) For inactive waste disposal sites for asbestos tailings, apply a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. Use the ageni as recommended for the particular asbestos tailings by the manufacturer of the dust suppression agent. Obtain prior approval of the Administrator to use other equally effective dust suppression agents. For purposes of this paragraph, waste crankcase oil is not considered a dust suppression agent. (b) Unless a natural barrier adequately deters access by the general public, install and maintain warning signs and fencing as follows, or comply with paragraph (h)(2) or (a)(3) of this section. (1) Display warning signs at all entrances and at intervals of 100 tn (330 feet) or less along the property line of the site or along the perimeter of the sections of the site where asbestoscontaining waste material was deposited. The warning signs must: (i) Be posted in such a manner and location that a person can easily read the legend: and (ii) Conform to the requirements for 51 cm x 36 cm (20" x 14") upright format signs specified in 29 CFR 1910.145(d)(4) and this paragraph: and (iii) Display the following legend in the lower panel with letter sizes and styles of a visibility at lea9t equal to those specified in this paragraph. legond Notation Asbestos Waste Dispose! &te. Do Not Create Dust............... Breathing Asbestos is Haz ardous to Your Health. 2.5 cm (1 inch) Sane Seiit. Gothic or Bloch 1.9 cm (* mch) Sens Serif. Gothic or 8took. 1A Point Gothic. Spacing between any two lines must be at least equal to the height of the upper of the two lines. (2) Fence the perimeter of the site In a manner adquate to deter access by the general public. (3) Upon request and supply of appropriate information, the Administrator will determine whether a fence or a natural barrier adequately deters access by thn genera! public. (r) The owner or operator may use an alternative control method that has received prior approval of the Administrator rather than comply with the requirements uf paragraph (a) or (b) of this section. $61,154 Alr-deanlng. (a) The owner or opemtor who elects tn use air-cleaning, as permitted hy 5 1 81.142.01.144, 61.147(c)(2), 61.147(d)(2). 61.148(b)(2), 81.149(b). 61.150(h)(l)(ii), and 61.150(b)(2)(H) shall: (1) Use fabric filter collection devices, except as noted in paragraph (b) of this section, doing alt of the following: (1) Operating the fabric filter collection devices at a pressure drop of no more than 4 inches water gage, as measured across the filter fabric; and (ii) Ensuring that the airflow permeability, as determined by AS1M Method D737-75, does not exceed 9 m1/ min/in* (30 ft'/min/ft') for woven fabrics or llms/min/m* (35 ff/min/ft*) for felted fabrics, except that 12 m'/ mln/m' (40 fu/min/ft*) for woven and 14 m*/min/m* (45 ft'/min/ft1) for felted fabrics is allowed for filtering air from asbestos ore dryers; and (iii) Ensuring that each square meter of felted fabric weighs at least 237 grams (14 ounces) and is at least one-sixteenth inch thick throughout: and (iv) Avoiding the use of synthetic fabrics that contain fill yam other than that which is spun. (2) Properly install, use. operate, and maintain all air-cleaning equipment authorized by this section. Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material. lb) There are the following exceptions to paragraph (a)(1): (1) If the use of fabric filters creates a fire or explosion hazard, the Administrator may authorize as a substitute the use of wet collectors designed to operate with a unit contacting energy of at least 9.95 kilopascals. (2) The Administrator may authorize the use of filtering equipment other than that described in paragraphs (a)(1) and (b)|l) of this section if the owner or operator demonstrates to the Administrator's satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material. $61,155 Reporting. (a) Within 90 days after the effective date of this subpart, each owner or operator of any existing source to which this subpart applies shall provide the following information lo the Administrator (1) A description of the emission control equipment used for each process: and (2) If a fubric filter device is UBed to control emissions, the pressure drop across the fubric filter in inches water gage; and (i) If the fabric Filter device uses a woven fabric, the airflow permeability in m'/min/m' and: if the fabric is synthetic, whether the fill yard is spun or not spun; and (ii) If the fabric filter device uses a felted fabric, the density in g/m*. the minimum thickness in inches, and the airflow permeability in m'/min/m'. (3) For sources subject to $5 61.151 and 61.152: (i) A brief description of each process that generates asbestos-containing waste material: and (ii) The average weight of asbestoscontaining waste material disposed of. measured in kg/day; and (iii) The emission control methods used in all stages of waste disposal; and (iv) The type of disposal site or Incineration site used for ultimate disposal the name of the site operator, and the name and location of the disposal site. (4) For sources subject to } 61.153: (i) A brief description of the site; and (ii) The method or methods used to comply with the standard, or alternative procedures to be used. (b) The information required by paragraph (a) of this section must accompany the information required by $ 61.10. The information described in this section must be reported using the format of Appendix A of this part. (Sec. 114. Clean Air Act as amended (42 U.S.C. 74141 , g 61.156 Active waste disposal sitea. To be an acceptable site for disposal of asbestos-containing waste materia! under 5$ 81.151 and61.152, 8n active waste disposal site must meet the requirements of this section. (a) Either there must be no visible emissions to the outside air from any active waste disposal site where asbestos-containing waste material ha8 been deposited, or the requirements of paragraph (o) or (d) of this section must be met. (b) Unless a natural barrier adequately deters access by the general public, either warning signs and fencing must be installed and maintained as follows, or the requirements of paragraph (c)(1) or (c)(2) of this section must be met. FMSI 02637 Federal Register / Vol, 48, No. 135 / Wednesday, July 13, 1083 / Proposed Rules (1) Warning signs must be. displayed at all entrances and at intervals of 100 m (330 ft) or less along the property line of the site or along the perimeter of the sections of the site where asbestoscontaining waste material is deposited. The warning signs must: (i) Be posted in such a manner and location that a person can easily read the legend; and (ii) Conform to the requirements of 51 cm x 36 cm (zo' x 14"} upright format signs specified in 29 CFF 1910.145(d)(4) and this paragraph; and (iii) 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. Lgend NotMon Asittsto* Otpostf Site Oo Not Create Dust................. 6'0tt*tg AsbefkK <6 Htu rdous to Your Heetth 2.5 err (t mob) Sens SerM, Gothic or Slock. 1.9 m (44 inch) Sens Serif. Gothic or Block. 14 Point Gothic Spacing between any two lines must be at least equal to the height of the upper of the two lines. (2) The perimeter of the disposal site must be fenced in a manner adequate to deter access by the general public. (3) Upon request and supply of appropriate information, the Administrator will determine whether a fence ora natural barrier adequately deters access by the general public. (c) Rather than meet the no visible emission requirement of paragraph (a) of this section, an active waste disposal site would be an acceptable Bite if at the end of each operating day, or at least once every 24-hour period while the site is in continuous operation, the asbetoscontainlng waste material which was deposited at the site during the operating day or previous 24-hour period is covered with either: (1) At least 15 centimeters (6 inches) of compacted nonasbestos-containing material, or (Z) A resinous or petroleum-baaed dust suppression agent that effectively binds dust and controls wind erosion. This agent must be used as recommended for the particular dust by the manufacturer of the dust suppression agent. Other equally effective dust suppression agents may be used upon prior approval by the Administrator. For purposes of this paragraph, waste crankcase oil is not considered a dust suppression agent. jd) Rather than meet the no visible emission requirement of paragraph (a) of this section, an active waste disposal site would be an acceptable site if an alternative control method for emissions that has received prior approval by the Administrator is used. (Secs. 112 and 301(a) of the Clean Air Act as amended (42 U.S.C. 7412. 7B01(a)) (KR tO-ie71A 1'ile.l 7-ta-M; aai lMG CODE ISSO-SO-M ,,n,| 32133 FMSI 02638