Document MwppEMVNgDpepa7oOwrOynEj

" 15396 RULES AND REGULATIONS " ' sponsible for promulgating and enforc- conforms to standards established by tag occupational safety and healtb stand the United States Civil Service Com ards and deciding contested cases, sub- mission. The plan also contains a de Ject to judicial review, tailed description of the resources that r;c .' 3fV ,ii -- *'-i : (b) The State program will protect all employees within the State, including those employed by the State and its ' political subdivisions. Public employees are to be devoted to it. 1953.341 Where the plan may be biipected. sue to be granted the same protections as A copy of the plan may be Inspected are afforded employees in the private sec and copied'during normal business hours - tor. The State plan does not cover em at the following locations: UH. Depart ployees of the Federal government or ment of Labor, Office of the Associate those employees whose working condi- Assistant Secretary for Regional Pro iions are regulated by Federal agencies grams, Occupational Safety and Health -- other than the United States Depart Administration, Room 800,1726 M Street, . .. ment of Labor. NW,, Washington, D.C. 20210; Assistant (c) The Wyoming Occupational Health Regional Director, Occupational Safety and Safety Act gives the State agency and Health Administration, UH. Depart ... full authority to administer and to en- ment of Labor, P.O. Box 3588, Federal * force all laws, rules, and orders protect Building, 1961 Stout Street, Denver, Colo . ing employee safety and health in all rado 80202; and the Occupational Health _ places of employment in the State. 71m and Safety Department, 200 East 8th legislation provides- employer and em- Avenue, P.O. Box 2186, Cheyenne, Wyo - ;.ployee representatives an opportunity to ming 82001. ' : . accompany inspectors before or during : 1953.342 Level of Federal enforce %: the physical Inspection of any workplace ment, for the purpose of aiding such inspection; T' adequate safeguards to protect trade ,, faecrets; effective sanctions against em- / ployera; protection of employees against discharge or discrimination; procedures v. for prompt restraint or elimination of ../imminent danger situations; the right to - Review by employers and employees of al leged violations, abatement periods and ' : . imposed penalties; and prompt notice to 'mpk>yers and employees of alleged vio- lations of standards and abatement re quirements. Pursuant to S1902.20(b) (1) (111) of this chapter, the present level of Federal en forcement in Wyoming win not be di minished. Among other things, the United States Department of Labor will continue to investigate catastrophes and fatalities, investigate valid complaints under section 8(f) of the Occupational Safety and Health Act of 1970, continue its target Industry and target health pro grams and inspect a cross section of all industries on a random basis at least . ' (d) Administrative regulations include procedures for permanent and temporary . variances; notice to employees or their . representatives when no compliance ac ; . tfa>n Is taken as a result of a complaint, , . including procedures for informal re- 4/ Yiew; information to employees on has ; ards, precautions, symptoms and emer- ' gency treatment; and training and edu cation programs for. employers and employees. Including an on-site con i Sultation program consistent with the V criteria set out in the Washington Plan until standards are promulgated, the Wyoming Administrative Procedure Act and the Fair Employment Practices Act are amended and administrative regula tions are adopted. Therefore, Federal en forcement activity will continue to the degree necessary to assure occupational safety and health protection to employees in the State of Wyoming, and evaluation of the State plan as implemented, will be made on a continuing basis to assess the appropriate level of Federal enforce ment Activity. v decision (38 FR 2421). ' 1952*343 Developmental schedule. - (e) The State intends to promulgate ' Federal standards covering all of the Issues contained in Parts 1910 and 1926 - of this chapter but will not cover those found in Parts 1915,1916,1917, and 1918 _ Of this chapter (ship repairing, ship building, ship breaking, and longshorlng). The State also plans to adopt addi' tional vertical standards relating to oil well drilling and servicing not provided ' by the Federal program. Future Federal standards shall be promulgated by the State within six months after promulga" tion by the Secretary of Labor. In the ' case of product standards the State has provided assurances that any State prod uct standards will be required by com pelling local conditions and win not un duly burden interstate commerce. (f) The plan sets out goals and provldes a timetable for bringing it into full ,, conformity with Part 1902 of this chap- ter. An personnel employed to carry out (a) Adoption of Federal standards as State standards by February 1975. 1 (b) Administrative regulations for recordkeeping and reporting, variances, posting requirements, employee com plaint procedures, inspections under the Act, employee exposure to toxic mate rials, providing information to employees on their exposure to hazards, personal protective equipment, medical examina tions, and monitoring, safeguarding trade secrets, administrative review of citations, proposed penalties, and abate ment periods, to -become effective by June 1,1974. (c) Amendments to the Wyoming Ad ministrative Procedure Act to be sub mitted to the State Legislature Janu ary'1975 and to become effective by May 1,1975. (d) Management Information System to be completed August 1, 1974. (e) Merit staffing for administration ; r the plan axe to be hired under the Wyo of the program to be completed by Au ming Persouiel Merit System which gust 15,1974. -- (f) Am> State's Fair Employme . to be sub mitted to` uxv ovmcc Legislature which convenes January 14, 1975. 8igned at Washington. D.C., this 25th day of April 1974. John Siendbr, Assistant Secretary of Labor. [FB Doc.74-10206 Hied 5-2-74;8:45 am) Title 40--Protection of Environment CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY SUBCHAPTER C--AIR PROGRAMS PART 60--STANDARDS OF PERFORM ANCE FOR NEW STATIONARY SOURCES Additions and Miscellaneous Amendments ' ' . Correction In FR Doc. 74-4784 appearing at page 9307 as the Part n of the issue of Friday, March- 8, 1974, and corrected on page 13778 In the Issue of Wednesday, April 17,1974, on page 13776, "paragraph c." should read as follows : c. The formula In -paragraph (d) should read as follows: (d) Particulate emission rate shall be determined by: Co =C Qa (Metric or English Units) where: Co.=Partlcu]ate matter mass emissions, mg/hr (English units:1b/hr). ea=Particulate matter concentration, mg/rn* (English units: lb/dscl). Qa=Volumetrie stack gas flow rate, dsem/hr. (English units: deef/hr). Qs and c* shall be determined using Methods 2 and 5, respectively. PART 61--NATIONAL EMISSION STAND ARDS FOR HAZARDOUS AIR POLLUT ANTS Asbestos, Beryllium, and Mercury Pursuant to section 112 of the Clean Air Act, as amended (42 VJS.C. 1857c-7), the Administrator of the Environmental Protection Agency promulgated national emission standards for the hazardous air pollutants asbestos, beryllium, and mer cury on April 6, 1973 (38 FR 8820). The subsequent enforcement of these regula tions has demonstrated a need for the clarifying revisions which follow. These revisions are necessary to advise the public of how the regulations are being interpreted in Agency enforcement ac tivities. The revisions promulgated here in do not alter the stringency of the regulations. A change to Subpart A, General Pro visions, which applies to all affected sources, is promulgated. The definition of "alternative method" is revised to indi cate more clearly that it is not a "ref erence method" or "equivalent method" and to make the definition consistent with that used in .40 CFR Part 60, Stand ards of Performance for New Stationary Sources. - L REGISTER, VOL 39, NO. 37--FRIDAY, MAY 3. 1974 RULES AND REGULATIONS . 15397 The applicability of the asbestos reg from taconite milling operations in these ulation is discussed in the following revisions. documents which are available on request The regulation promulgated on April 6, from the Emission Standards and Engi 1073, did not include a definition for neering Division, Environmental Protec "asbestos mill" or "manufacturing" oper tion Agency, Research Triangle Park, ation, and questions arose concerning North Carolina 27711, Attention: Mr. whether certain operations at these facil Don R. Goodwin: 1. Preamble to the proposed regulation (36 FR 23339) 2 Background Information document for the proposed regulation (APTD-0753) ities are covered by the regulation, and whether the regulation applies to all mill ing and manufacturing operations that process ore or materials that contain as bestos. The definition of "asbestos mill" 3. Preamble to tbe promulgated regulation is added to clarify that the regulation (38 FR 8820) covers ore crushing and conveying of 4. Background Information document foe asbestos tailings to disposal piles but does the promulgated regulation (APTD-1603) not cover open storage areas and asbestos Comments from the owners or operators tailings disposal piles. This was explained of affected sources and from Agency re in the preamble to the promulgated regu gional enforcement personnel have indi lations (38 FR 8821) and on pages 30 cated, however, that the intent should and 31 of the background information be specifically expressed in the text of the regulation. Considering this, the Agency determined that the text of the promul gated regulation should be revised and four definitions are added to clarify the report (APTD-1503). The definition ex cludes the milling of ores that contain asbestos minerals only as a contaminant as previously discussed under the defini tion of "commercial asbestos." As noted applicability of 40 CFR Part 61, Subpart earlier, the Agency intends to propose B, National Emission Standard for regulations covering taconite milling Asbestos. The definition of "commercial as bestos" is added to distinguish between asbestos that is produced as a product and asbestos that occurs as a contam inant ingredient in other materials, and ' i-to make it clear that materials that con tain asbestos as a contaminant only are not covered. Questions were raised conceruing the applicability of the standard to manufacturing operations that use talc and vermlculite. As indicated on page 6 of the background information report for the proposed standards (APTD-0753), talc mines were not covered by the proposed standards; this was also intended to indicate that manu facturing operations that use talc or ether materials contaminated with as bestos were not covered by the asbestos standard. In addition, the information available to the Agency at the time of _ promulgation (April 6, 1073) did not demonstrate that tbe mining and mill ... ing of such materials or manufacturing t" operations using such materials were ` major sources of asbestos emissions. The Department of the Interior and tbe De- ' ' partment of Health, Education and WelV .fare are studying the health effects of asbestos in talc. The revisions promul gated herein merely clarify the regu-Rations promulgated April 6,1973, and do not involve prejudgmehts concerning the & outcome of investigations now underway. Asbestos is also a contaminant in taconlte ore. EPA at this time believes that ..asbestos releases from the milling of such - ores should be covered by the hazardous : air pollutant regulations and intends in : ~ the near future to propose for comment regulations which would accomplish this. Because the revisions here being promul gated are only clarifications of the operations. The definition of "manufacturing" is added to clarify that the regulation ap plies to only those sources within the spe cified categories of affected manufactur ing facilities that process commercial asbestos into a product. Operations which process (cut, shape, assemble, mix, or otherwise alter) a manu factured product that contains com mercial asbestos at a separate location are not intended to be covered by the regulation, and are classified as fabricat ing rather than manufacturing opera tions. The information available to EPA prior to promulgation was that new con struction sites were the only major sources of asbestos emissions from fabri cation operations and that these sources were adequately regulated by Occupa tional Safety and Health Administration standards. This was explained in the pre amble to tbe promulgated regulation (38 FR 8821) and on page 32 of the back ground information report (APTD- 1503). Some questions have arisen concern ing what operations constitute demoli tion. The definition of "demolition" is added to clarify that demolition occurs only In situations where load-supporting structural members are wrecked or re moved. Accordingly, the standard does not imply to remodeling and renovation operations in which load-supporting structural members are not wrecked. The time allowed owners or operators to notify the Administrator prior to com mencement of a demolition operation is changed from 20 days to 10 days, and the time basis for the notification is clarified to be the postmark date of the notice. Experience has shown that 20 days' no tice is not necessary to provide sufficient Agency's intentions at the time the initial time for effective enforcement of the hazardous air pollutant regulations for regulation, and the shorter time will be asbestos were published and because they more convenient to demolition contrac are not being proposed for comment, EPA tors. believes that it is not appropriate to in Some questions have arisen concerning dude restrictions on releases of asbestos whether all of the friable asbestos ma terials on pipes, boilers, or load-supjlort-^ ing structural members had to be wet ted and stripped off prior to demolition. The wording in S 61.22(d) (2) (1) of the promulgated regulation states that the friable asbestos material has to be re moved, but does not specify the proce dure to be used. A statement is added to clarify that it is not necessary for friable asbestos material to be removed or stripped from boilers, pipes, or load supporting structural members prior to the removal of these Items as units or in sections, provided that the asbestos material exposed during removal la wetted. As required in I 61.22(d) (2) (iii), such units or sections must subsequently- be carefully lowered or taken to tbe ground level. A paragraph is added to clarify that the regulation is not violated when un combined water Is the sole reason a source falls to meet the no-visible-emis sions requirement. This makes the no- visible-emissions regulation consistent with other similar Agency regulations. The Agency is presently studying the extent of asbestos emission from dumps of asbestos tailings and open storage of asbestos ores, disposal of asbestos waste material, and asbestos fabricating oper ations. Beryllium and mercury emissions resulting from the incineration of sewage sludge are also being studied. These in vestigations are nearing completion and the Agency will determine whether it is necessary to regulate these sources of hazardous pollutants to provide an ample margin of safety to protect the public health. The revisions to the reg ulations promulgated herein merely clarify the regulations promulgated April 6, 1973, and do not preclude subsequent revisions to the regulations as indicated by the studies described above. The Agency finds that good cause exists for not proposing these revisions and for making them effective upon pub lication since (1) the revisions make cer tain clarifications, but do not change the substance of the national emission standards for asbestos, berylliuifi, and mercury: and (2) there is a pressing need to promulgate these revisions so that tbe asbestos standard can be uni formly interpreted by Industry personnel and enforced by tbe Agency. Therefore, the Administrator has determined that it is unnecessary to publish a notice of proposed rulemaking or delay the effec tive date of this amendment and for tbe reasons cited has not done so. - The amendment of these regulations is promulgated pursuant to .section 112 of the Clean Air Act, as amended (42 UJ5.C. 1857c-7), and is effective upon promulgation. . ... Dated: April 29,1974. ~' John Quarles, Acting Administrator. Part 61, Chapter I, Title 40, Code at Federal Regulations is amended by re vising Subparts A and B as follows: Subpajt A--General Provisions 1. Section 61.02 is amended by revis ing paragraph (c) to read as follows: . FEDERAL REGISTER, VOL 39, NO. R7--FRIDAY, MAY 3, 1974 15398 ,, RULES AND REGULATIONS * 61.02 Definitions. (1) Friable asbestos materials, used to Authobot: See. 807(e), Pub. L. 93-500, 88 insulate or fireproof any boiler, pipe, or Stat. 818 (83 OA.C. 1361 et aeq.) (c) "Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference method or an equivalent method but which has been demonstrated to the Administrator's satisfaction to produce, load-supporting structural member, shall be wetted and removed from any build ing, structure, facility, or installation subject to this paragraph before wreck ing of load-supporting structural mem bers is commenced. Boilers, pipe, or load supporting structural members that are 108.1 Applicability. This part shall be applicable to inves tigations and hearings required by sec tion 507(e) of the Federal Water Pollu tion Control Act, as amended, 33 U.S.C. 1251 et seq. (Pub. L. 92-500). in specific cases, results adequate for insulated or fireproofed with friable as 108.2 Definitions. his determination of compliance. Subpart B--National Emission Standard for Asbestos . 1. Section 61.21 is amended by adding laragraphs (g), Cb), (1), and (j). The added paragraphs read as follows: S 61.21 Definitions. ' ' bestos materials may be removed as units or in sections without stripping or wet ting, except that where the boiler, pipe, or load-supporting structural member is cut or disjointed, the exposed friable as bestos materials shall be wetted. Friable asbestos debris shall be wetted ade quately to insure that such debris re mains wet during ail stages of demolition and related handling operations. As used in this part, the term: (a) "Act" means the Federal Water Pollution Control Act, as amended; (b) "Effluent limitation" means any effluent limitation which Is established as a condition of a permit issued or pro posed to be issued by a State or by the Environmental Protection Agency pur suant to section 402 of the Act; any toxic or pretreatment effluent standard estab * (g) "Asbestos mill" means any facility engaged in the conversion or any inter mediate step in the conversion of asbestos ore into commercial asbestos. Outside storage of asbestos materials is not con sidered a part of such facility. <h> "Commercial asbestos" means any . variety of asbestos which is produced by extracting asbestos from asbestos ore. (4) Any owner or operator of a demo lition operation who intends to demolish a building, structure, facility, or installa tion to which the provisions of this para graph would be applicable but which has been declared by proper State or local authority to be structurally unsound and which is in danger of Imminent collapse is exempt from the requirements of this lished qnder section 307 of the Act; any standard of performance established un der section 306 of the Act; and any efflu ent limitation established under section 302, section 316, or section 318 of the Act. <c) "Order" means any order issued by the Administrator under section 309 of the Act; any order Issued by a State to secure compliance with a permit, or con dition thereof, issued under a program <i) "Manufacturing" means the com bining .of commercial,asbestos, or in the case of woven friction products the com bining of textiles containing commercial paragraph other than the reporting re quirements specified by paragraph (d) <D of this section and the wetting approved pursuant to section 402 of the Act; or any order issued by a court in an actionbrought pursuant to section 309 or section 505 of the Act. - asbestos, with any other material(si. In of friable asbestos debris as specified by (d) "Party" means an employee filing cluding commercial asbestos, and the paragraph (d) (2) (1) of this section. a request under i 108.3, any employee processing of this combination into a product as specified in S 61.22(c). <J) "Demolition" means the wrecking or removal of any load-supporting struc tural member. . * (g) Where the presence of uncom bined water is the sole reason for failure to meet the no-visible-emission require similarly situated, the employer of any such employee, and the Regional Ad ministrator or his designee. (e) "Administrator" or "Regional Ad ministrator" means the Administrator 3. Section 61.22 is amended by revising ment of paragraphs (a), (c), or (e) of or a Regional Administrator of the En paragraphs (a), (did), (d)(2)(l), and this section, such failure shall not be a vironmental Protection Agency. (d)(4), and by adding paragraph (g). violation of such emission requirements. The revised and added paragraphs read as follows: (FB Doc.74--10252 Filed 5-3-74;8:45 ami 108.3 Request for investigation. Any employee who Is discharged or laid-off, threatened with discharge or S 61*22 Emission standard. SUBCHAPTER D--WATER PROGRAMS lay-off, or otherwise discriminated . (a) Asbestos mills: There shall be no visible emissions to the outside air from any asbestos mill except as provided in paragraph (f) of this section. PART 108--EMPLOYEE PROTECTION HEARINGS Establishment of Procedures; Correction against by any person because of the alleged results of any effluent limitation or order issued under the Act, or any representative of such employee, may ft. * * (d) (1) Written notice of intention to demolish shall be provided to the Ad ministrator by the owner or operator of the demolition operation. Such notice shall be postmarked at least 10 days prior to commencement of such demolition, or anytime prior to commencement of demolition subject to paragraph (d) (4) On page 12865 of the Federal Register of Tuesday, April 9,1974, there appeared a notice adopting, with changes, regula tions proposed an November 23, 1973 (38 FR 32268). Only $ 108.3 and 108.4 of the proposed regulations were changed; these sections were set forth in the no tice of adoption. However, f $ 108.1,108.2, 108.5, 108.6, and 108.7 should have been submit a request for an investigation under this part to the Regional Admin istrator of the region in which such dis crimination is alleged to have occurred. 108.4 Investigation by Regional Ad ministrator. Upon receipt of any request meeting the requirements of 5 108.3, the Regional Administrator shall conduct a full in vestigation of the matter, in order to of this section. Such notice shall include reprinted at the same time. This notice determine whether the request may be the following information: . corrects the notice of April 9 by reprint related to an effluent limitation or order 4i) Name of owner or operator. ing the text of the entire regulation as under the Act. Following the investiga (ii) Address of owner or operator. (iii) Description of the building, promulgated. tion, the Regional Administrator shall notify the employee requesting the in structure, facility, or installation to be Dated: April 29, 1974. _ vestigation (or the employee's represent demolished. (iv) Address or location of the build John Quarles, ' Acting Administrator. ative) and the employer of such em ployee, in writing, of his preliminary ing, Structure, facility or installation. Sec. (v) Scheduled starting and comple 108.1 Applicability. findings and conclusions. The employee, . the representative of such employee, or tion dates of demolition. 108.3 Definitions. . the employer may within fifteen days (vi) Method of demolition to be em 1088 Request for investigation. following receipt of the preliminary find ployed. (vii) Procedures to be employed to meet the requirements of this paragraph. * (2) * 108.4 106.5 108.6 106.7 Investigation by Regional Administra tor. Procedure. __ Recommendations. "` Bearing before Administrator. ings and conclusions of the Regional Administrator request a hearing under this part. Upon receipt of such a re quest, the Regional Administrator, with FEDERAL REGISTER, VOL 39, NO. 87--FRIDAY, MAY I, 1974