Document RpaGpQ6LLgK2Nk0YdX0gKq3Za

Monsanto FROM I NAME --LOCATION--PHONE) R- H- .TosUn - gswg - (A-fiASf1) September 29, 1984 REFERENCE EPA Asbestos Regulations TO M. Hancock 1890 S. Newman 1890 R. Marquez 1200 H. Walker 1200 J. Wiley 1690 R. Smiley 1260 J. Rinaldi 1440 D. Williams 1460 K; Bissett 1840 C. F. Callis G5WA P. H. Smith G3WB M. F. Weishaar G5WA G. Pappas 1890 R. Monty 1690 R. Kucera 1260 L. Bornemann 1440 S. Paul G2WB He, ZLF IS DHO JMH MSG fjCC The attached alert from Pete Smith, Environmental Law is self explanatory. Please insure all appropriate members of your plant staff including industrial hygiene are fully aware of the regulations for handling and disposing of Asbestos. If you have any questions please call Steve Paul (4-8835) or the undersigned. RHJ/jlm Attachment 0 002969 CBY 3109382 Monsanto LAW DEPARTMENT- p# H> Smith G3WB 4-8506 OATt vMXCT IMKIKI September 27, 1984 EPA Asbestos Regulation ec R. F. Boland G. L. Jessee J. A. Peters J. M. Schroy TO M. R. Foresman R. H. Joslin 'SEP 2 81984 L. P. ParadisD. B. Reddington The U. S. Environmental Protection Agency is giving increased attention to enforcement of regulations which have been promul gated pursuant to Section 112 of the Clear Air Act. This is particularly true with respect to asbestos, as evidenced by the recent statement by John Rasmic, EPA Stationary Source Air Compliance Monitoring Chief, in the enclosed article from the September 7 Environment a1 Reporter, that enforcing the asbestos standard will be a top priority for EPA regional office in the upcoming year. This should also directly affect states having Section 112 enforcement delegations. It is important that all Monsanto sites comply fully with these regulations, a copy of which is also enclosed. Recently I learned that a plant was not familiar with the requirement that, among other things, advance written notice to the EPA is required in the event of demolition or renovation work involving materials covered by the regulationsi In order to prevent this situation from recurring, will each of you please see that every facility within your operating company is made aware of these regulations and of the importance of complying with them. pjw/ELl5 Enclosures P. H. Smith C 002970 CBY 3109383 CURRENT DEVELOPMENTS 719 objectivity the agency ha* ahown on the lead-in-gasoline Issue ow the past 15 year*. .... .. , Dr. Edward McCabe, a pediatrician at the University of Wisconsin Medical School and a consultant to the Interna tional Lead-Zinc Research Association, said the drop in blood-lead levels seen during the 1970s, which EPA attri butes to the rise in unleaded gasoline use, is more likely due to other factors, such as a reduction in the amount of lead mid-1985 and dropped another 0.20 gpg each year until 0.10 gpg is reached in 1988. Representatives of Phillips, Amoco, Chevron, Exxon, Dia mond Shamrock, Wickland, TCR, and Union oil companies agreed with Levine that the Jan. 1, 1986 deadline for a phasedown to 0.10 gpg could not be met by the industry without economic hardships, and proposed various more prolonged phasedown schedules. contained in processed foods. Dr. Paul Hammond, professor of environmental health at the University of Cincinnati Medical Center, told the panel that a study he conducted revealed that children's blood-lead levels were directly related to the presence or absence of leaded paint in their houses. "Regardless of the level of atmospheric deposition of lead [from leaded gas combus tion], the real determinant of blood lead is quality of hous ing." Hammond said. Others Defend EPA Data Interpretation Dr. Sergio Piomelli, director of pediatric oncology and hematology at Columbia University Medical School, coun tered that blood-lead levels in children far below what is considered "normal" are now known to cause adverse health effects. "The day when lead is removed completely from gasoline will be a great day for the health of children in this country," he told the EPA panel. Support tor EPA Proposal Other representatives of predominantly small or inde pendent oil companies, including Thad Mosely of Charter International Oil Co., told the panel that most refineries could easily meet the Jan. 1,1986, deadline for the 0.10 gpg limit in leaded gasoline because many have already started investing in the equipment necessary to increase unleaded gasoline production. Mosely maintained that delaying the phasedown schedule would penalize companies that have made such investments and reward companies that have been "dragging their feel." EPA had warned the oil industry in 1972 that lead in gasoline probably would be phased out eventually, Mosely added. Representatives from Ashland, Citgo, Arco, Sabre Energy, Tosco, and Crown Petroleum oil companies supported Mosely's statements on this issue. Leaded paint contributes to the problem as well, be acknowledged, but said that removal of leaded gasoline from the market will reduce the background levels of lead in children's blood and prevent some adverse health effects. Cannon told BNA Aug. 30 that critics of EPA's interpreta tion of the data on the relationship between leaded gasoline use and the level of lead in blood were selecting specific studies where inconsistencies exist, but said that when all the evidence is considered, the relationship is clear. He said all available data on the subject were carefully examined by EPA scientists and a peer review panel before the adminis trator issued the proposal. Lester Grant, an EPA panel member and director of the agency's Office of Environmental Criteria and Assessment in Research Triangle Park, N.C., told BNA Aug. 30 that declines in leaded gas use offer the only plausible explana tion for the large drop seen in average blood-lead levels in the United States during the late 1970s. Other factors, such as a drop in the content of lead in processed food, may have contributed but cannot account for the magnitude of the decline in lead in blood, be said. Grant said that "a major point of evidence" that a connec tion exists between gas and blood-lead levels is the close correlation, seen in several independent studies, between blood-lead levels and wide seasonal variations in leaded gasoline use. Environmentalists Endorse Quick Phasedown Ellen Silbergeld of the Environmental Defense Fund told the panel that EPA underestimated the beneficial health effects of a leaded gas phasedown to 0.10 gpg by Jan. 1, 1986, because it overestimated the blood-lead level that can be present before adverse health effects occur. She called for a total ban on leaded gas by Jan. 1, 1985. Eric Goldstein, an attorney with the Natural Resources Defense Council Inc., told the panel that the organization agreed with EPA's phasedown schedule. Further restrictions on the sale of leaded gasoline may be required to prevent fuel switching, an illegal practice in which owners use leaded gasoline in engines designed for unleaded fuel, be said. Kirk Johnson of the Center for Science in the Public Interest recommended that EPA institute a pbased-in com pliance to meet a lead limit of 0.10 gpg by Jan. 1,1986. This would prevent refiners from holding off until the last minute before they change over to unleaded gasoline production, Johnson said. A variety of special interest groups, including representa tives of motorcycle companies, boating groups, and farm machinery producers, argued that engines in the vehicles they use or produce often cannot tolerate unleaded gas without being damaged. They urged a delay in the lead- Oil industry Divided on Timing Oil refining industry representatives appearing before the panel generally agreed that a lead phasedown is necessary to protect public health, but disagreed over its timing. Jerrold Levine of Amoco Oil Co. told the panel that the industry would have difficulty meeting the Jan. 1, 1986, deadline for an average gasoline lead content of 0.10 gpg phasedown program and the continued production of some leaded gasoline to run these special engines. Enforcement TOP EPA PRIORITIES INCLUDE ENFORCING ASBESTOS STANDARDS AT DEMOLITION SITES because conversion of production facilities needed to make more unleaded gas would not be completed. Instituting the 0.10 limit in 1986 could result in shortages of unleaded gasoline, increased oil imports, and significant increases in gasoline prices, be said. Levine suggested a slower phasedown schedule in which the cap on lead in gasoline would be decreased to 0.70 gpg in Monitoring releases of asbestos at building demolition sites and enforcing asbestos air emissions standards will be a top priority for the air management staff in the Environ mental Protection Agency's regional offices in fiscal 1985, John Rasnic, chief of compliance monitoring for the agen cy's Stationary Source Compliance Division, told BNA Aug. C 002971tBY 3109384 9-7-S4 Environment Reporter 720 ENVIRONMENT REPORTER Tor the first time, the regional offices will have to report Reed said the secretary agreed to almost .all of the to EPA headquarters information on asbestos demolition recommendations made, suspending all competitive coal and renovation activities and data on violations of EPA's_ leasing in 1984 to put them into effect. As a result, Reed asbestos regulations, according to a July 12 memorandum to* continued, there will be significant changes in the coal regional air management directors from Edward E. Reich, leasing program, which are likely to result in new environ director of the agency's Stationary Source Compliance mental effects. For example, leases may be offered more Division. frequently but in smaller parcels in the future, which could EPA issued national emission standards for hazardous air pollutants for asbestos in April (Current Developments, change the effect of the program on small communities, he said. April 20, p. 2251). Emergency coal leasing will continue while the supple Rasnic said enforcing emissions standards on stationary ment is being prepared, according to Interior, which said a sources of lead will also be a high priority for EPA during fiscal 1985 due to evidence that exposure to the substance draft version probably will be available for public comment by Jan. 1, 1985. causes ill-health effects at levels much lower than the Interior said Sept 4 that it is accepting written comments medical community originally believed (June 1, p. 146). until Oct. 4 on the agency's plan to prepare a supplemental Another major EPA goal for enforcing Clean Air Act EIS on its coal leasing program (49 FR 34976). Comments regulations governing stationary sources of air pollution should be addressed to Director (650), Bureau of Land during fiscal 1985 will be to bring into compliance an Management, 18th and C Streets, N.W., Washington, D.C. expanded list of so-called "significant violators," according 20240; further information can be obtained from Tom Walk to the memorandum. It said the definition of significant violators has been er, telephone (202) 343-4636. expanded for fiscal 1985 to include stationary sources in Class A2, which is composed of the next to largest emitters. Class A1 sources, the largest emitters, remain on the list, the memorandum said. General Policy HOUSE PANEL SEEKS WHITE HOUSE DATA ON CONTACTS WITH FORMER EPA OFFICIALS To ensure that the enforcement goals are met, the memo 0 A House subcommittee charged the White House with randum instructed agency regional offices to conduct com pliance inspections during fiscal 1985 at 95 percent of all major stationary sources of conventional air pollutants -- such as sulfur dioxide, carbon monoxide, and particulate matter -- and to conduct compliance inspections at 97 per cent of all sources of hazardous air pollutants regulated under Section 112 of the Air Act. withholding information on contacts between Presidential aides and former officials of the Environmental Protection Agency who were involved in last year's controversy over the 31.6 billion superfund hazardous waste cleanup program. A final report issued by the Energy and Commerce Sub committee on Investigations and Oversight on its 1983 inves tigations of EPA said that "the White House is currently Coat INTERIOR UNDERTAKES SUPPLEMENTAL EIS, SAYS FT MAY DELAY PROGRAM UNTIL MID-1985 preventing the Department of Justice from providing the Subcommittee on Oversight and Investigations with docu ments which directly relate to personal communications between White House officials and EPA officials, including Rita M. Lavelle." A supplemental environmental impact statement which may delay institution of the Interior Department's coal leasing program until mid-1985 will be done to determine the effects of economic and technological changes in the coal industry and revisions to the leasing program, the agency announced Aug. 30. Interior Secretary William P. Clark said in a department statement that a supplemental EIS on coal management is needed to update the last study, done in 1979, to carry out the agency's goals of running a federal coal leasing program that promotes the U.S. interest while "protecting the envi ronment to the fullest possible extent." Jack Reed, a spokesman for Interior's Bureau of Land Management, told BNA Aug. 31 that the agency's decision to prepare the EIS supplement was made to comply with the National Environmental Protection Act, which calls for periodic review of all agency impact statements. Reed said the original impact statement may be outdated now because of changes in the value of coal, the amount needed, and advances in coal mining technology since 1979. OTA, Commission Recommendations Reed noted that the coal leasing program is being modi fied to comply with recommendations of the Commission on Lavelle, former head of EPA's superfund program, was convicted last year of perjury and obstruction of a congres sional panel's investigations of mismanagement and politi cal manipulation of the superfund program (Current Devel opments, Dec. 9,1983, p. 1417). White House contacts with Lavelle "were far more exten sive than either Ms. Lavelle or White House officials have acknowledged to date." according to the report, which was issued Aug. 30. The subcommittee has been denied results of a 1983 investigation on contacts between Presidential aides and EPA officials, which was conducted at the request of Fred F. Fielding, counsel to the President, the report said. Lavelle had extensive contacts with Craig Fuller, assis tant to the President for Cabinet affairs, and with Martin Smith, an official in the White House Office of Policy Development on hazardous waste issues, according to the report. Lavelle was the only official who faced legal charges as a result of the 1983 congressional probe, but it led to the firing or resignation of more than a dozen top EPA officials, including the administrator, Anne M. Burford, who resigned in March 1983. President Reagan's claim of executive privilege for cer Fair Market Value Policy and the Office of Technology tain EPA superfund enforcement documents directly pre Assessment, which evaluated the agency's coal program in ceded Congress' investigation of the entire superfund pro response to congressional requests earlier this year and in gram. Burford was voted in contempt of Congress for 1983 (Current Developments, June 20, p. 439, March 23, p. 2094). withholding the enforcement documents, but Reagan finally released them (March 11, p. 2027; March l8, p. 2075). 9-7-U C 002972 Copyright e 19M by The Bureau of National Affairs, Inc.. Washington. D.C CBy 3I093Q5 00*3-9211/14/104.50 FEDERAL REGULATIONS Sabparf M--National Emission Staadard for Asbestos (Subpart M adder) by 49 FR 13661. April 5. 1984) Authority; Secs .112 and 301(a) of the Clean Air Act. as amended (42 U.S.C 7412. 7601(a)). and additional authority as noted below. | 41.140 Applicability. The provisions of this subpar: err applicable to those sources specified in 1J 61.1*2 through 61.153 {11.141 Definitions. All terms that are used in this subpan and are not defined below are given the same meaning as in the Act and in Subpart A of this part. Active waste disposal site means any disposal cite 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 aerpentinite (chrysotile). riebeckite (crocidolite). cummingtonitegrunerite. anthophvlhte. and actinolitetremolite. Asbeslos-contoining waste materials means any waste that contains commercial asbestos and is generated by a source subject to the provisions of this aubpart. This term includes asbestos mill tailings, asbestos waste from control devices, friable asbestos waste material, and bags or containers that previously contained commercial asbestos. However, as applied to demolition and renovation operations, this term includes .only friable asbestos waste and asbestos waste from control de sices Asbestos material means asbestos or ny material containing asbtsioi Asbestos mill meant any facility engaged in converting, or in any Intermediate atrp in converting. sbestoa ore Into commercial asbestos Outside atorage of asbestos material is not considered a part of the asbestos mill. Asbestos toilings means any solid waste that contain! asbestos and it a product of aabestos mining or milling operations. Asbestos waste from control devices means any waste material that contains asbestos and is collected by a pollution control device (Corrected by 49 FR 25453. June 21. 1964] Commercial asbestos means any asbestos that it extracted from asbestos ore. Demolition means the wrecking or taking out of any ioad-aupporting structural member of a facility together with any related handling operations. Emergency renovotion operation means a renovation operation that was not planned but results from a sudden, unexpected event. This term includes operations necessitated by nonroutine failures of equipment. (Corrected by 49 FR 25453. (une 21. 1964] fabricating means any processing of a manufactured product that contains commercial asbestos, with the exception of processing at temporary aites for the construction or restoration of facilities. Facility means any institutional, commercial, or industrial structure, installation, or building (excluding apartment buildings having no more than four dwelling units). Facility component means any pipe, duct, boiler, tank, reactor, turbine, or furnace at or in a facility: or any structural member of a facility. Frioble 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. lnoctive waste disposal site means any disposal aite or portion of it where additional asbestos-containing waste' material will not be deposited and where the surface is not disturbed by vehicular traffic. Manufacturing means the combining of commercial asbestos--or. in the case f woven friction products, the combining of textiles containing commercial aabcatoa--with tny other mstcriella). Including commercial sbestoa. and the proeaaalng of thia combination Into product. Outside eir meant the air outside buildings and structures. Forticulole asbestos material means finely divided parliclei of aabeatos materia) Planned renovation operations means a renovation operation, ora number of such operations, in which the amount of friable asbestos material that will be removed or stripped within a given period of time can be predicted Individual nonacheduled operations are included if a number of such operations can be predicted to occur during a given period of time, baaed on operating experience. Remove meant to take out friable asbestos materials from any facility. ' Renovation means altering in any way one or more facility components. Operations in which load-supporting structural members are wrecked or tsken out are excluded. Roadways meant surfaces on which motor vehicles travel. This term includes highways, roads, streets, parking areas, and driveways. Strip meant to take off frial asbestos materials from any pan of a facility. (Corrected by 49 FR 25453. June 21. 1964} Structure/ member means any loadsupporting member of a facility, such as beams and load supporting walls; or any nonload-supporting member, such as ceilings and nonload-supporting walls (Corrected by 49 FR 25453. June 21. 1964] Visible emissions means any emissions containing particulate asbtstos material that are visually detectable without the aid of instruments. This does not include condensed uncombincd water vapor. | St.1*2 Standard tex asbestos mill*. Each owr.cr or operator of an asbestos mi!! shall either discharge no visible emissions to the outside air from that asbestos mill or use the methods specified by | 61.154 to clean emissions containing particuUte esbestos material before they escape to. or are vented to. the outside air. CBY 3109386 Ennronmtrtf Reports' C 002973 (Sec. 61.142) HA2AADOU6 EMISSIONS 121:000 1 1*1.10 No person may surface roadway with asbestos tailings or **beslM<onMining waste material on that road way. unless ti U a temporary roadway on an araa of asbestos ore deposit* |61143 corrected by 4* FR 25453, June 2). 1964) | *1.144 ttandard lor manutacturlnp. components. *11 the requirement* of || *1.146 and *1.147 apply, axcrpi a* provided in parafraph (c) of this section (b) If the amoi^nt of friable asbestos materials in a facility being demolished t* leas than *0 linear meters (280 linear feet) on pipes and less than 15 square meters (180 square feet) on other facility components, only the notification requirements of paragraphs (a), (b). and (c) (1). (2). (3). (4). and (5) of | 81.146 (a) Applicability: Thi* aection appliea to the following manufacturing operation* using commercial atbettoi apply- |61.145(b) corrected by 49 FR 25453. (line 21.1984} (1) The manufacture of cloth, cord, (c) If the facility is being demolished wick*, tubing, tape, twine, rope, thread, yam. roving, lap. or other textile material*. (2) The manufacture of cement , product*. (3) The manufacture of fireproofing under an order of a State or local governmental agency, issued because the facility it structurally unsound and in danger of imminent coliapae. only the requirements in 161.146 and in paragraphs (d). (e). (f) and (g) of and insulating material*. (4) The manufacture of friction product*. (5) The manufacture of paper, millboard, and felt. (6) The manufacture of floor tile. (7) The manufacture of paint*, coatings, caulks, adhesives, and sealants. (8) The manufacture of plastic* and rubber material*. (9) The manufacture of chlorine 181.147 apply. (d) If at least 80 linear meters (200 linear feet) of friable asbestos materials cn pipes or at least 15 square meter* (160 square feet) of friable asbestos materials on other facility components are stripped or removed at a facility being renovated, all the requirements of || 61.146 and 81.147 apply. (1) To determine whether paragraph (d) of this aection applies to planned renovation operation* involving individual nonschedulcd operations, (10) The manufacture of shotgun shell predict the additive amount of friable wads. asbestos materials to be removed or (11) The manufacture of asphalt concrete. (b) Standard: Each owner or operator of any of the manufacturing operation* to which this section applies shall either: stripped over the maximum period of time a prediction can be made, not to exceed 1 year. (2) To determine whether paragraph (d) of this section applies to emergencyrenovation operations, estimate the (1) Discharge no visible emissions to amount of friable asbestos materials to the outside air from these operation* or be removed or stripped as a resuli of the from any building or structuie in which sudden, unexpected event thet they are conducted; or (2) Use tl e method* specified by | 61.154 to clean emissions from these operations containing particulate asbestos material before they escape to, necessitated the renovation (e) Owners or operators of demolition and renovatior operations are exempt from the requirements of If 61.05(a). 61.07, and 61.09. or are vented to, the outside air. { 41.145 Standard tor Ocmor.tion and renovatien: Applicability. The requirements of f! 61.146 and 61.147 apply to each owner or operator of a demolition or renovation operation as follows: (a) If the amount of friable asbestos materials in a facility being demolished is at least 80 linear meters (260 linear feet) on pipes or at least 15 square meteis (ICO square feet) on other facility | Cl.146 Standard tor demolition and renovation: notification requirement*. Each owner or operator to which this section applies shall: fa) 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 the operation is described in | 61.145(a): (2) At least >0 dsys before demolition begin* If Ihr operation # described in 191145(b). (3) As early at poi*ih)t before demolition begin* if the operation described in 161.145(c): (4) A* early a* possible before renovation bcgmi ft) Include the following infoi'inaiion in tht notice (1) Kamr and address of owner or operator. (2) Description of tht facility being demolished or renovated. Including the site. age. and prior use of the facil/... (3) Estimate of the approximate amount of friable asbestos material present in the facility In term* of linear feel of pipe, and surface area on other facility components For facilities de scribed in 61.145(b). explain tech niques of estimation. {61.146(c)(3) corrected by 49 FR 25453. June 21.1984] (4) Location of the facility being demolished or renovated. (5) Scheduled starting and completior dates of demolition or renovation (6) Nature of planned demolition or renovation and method(s) to be used (7) Procedures to be used to comply with the requirement* of this Subpaii (8) Name and location of the wasie disposal site where the friable asbestos waste material will be deposited. (9) For facilities described in i 61.145(c). the name, title, and authorit of the State or local governmental representative who has ordered the demolition. (Approved by the Office of Management sr. Budget under control number 2000-03M' f 61.147 Standard for demolition and renovation: Procedure* lor aabesto* mission control. Each owner or operator to whom thi aection applies shall comply with the following procedures to prevent emissions of particulate asbestos materia] to the outside air. (a) Remove friable asbestos materia from a facility being demolished or renovated before any wrecking or dismantling that would break up the materials or preclude access iu the materials for subsequent removal. However, friable asbestos materials need not be removed before demohti: if; (1) They are on a facility componen that is encastd in concrete or other similar material: and CBY 3109387 C 002974 (Sec. 61.147(a)(1)] 7-13-6S Punishes by THE BUREAU Of NATIONAL AFFAIRS INC.. Wish.ngton. D C 20037 1?1:0430.3 FEDERAL REGULATIONS (2) These materials are adequately wetted whenever exposed during demolition (b| When facility component cov ered or coated with friable asbestos material* U being taken out of the fa cility a> unit* or in sections (1) Adequately wet any friable atbeslo* material* exposed during cutting or disjointing operation*: and (2) Carefully lower the unit* or lec tions to ground level, not dropping them or throwing them (c) Adequately wet friable asbestos materials when they are being stripped from facility components before the members are removed from the facil ity. In renovation operations, wetting that would unavoidably damage equip ment is not required if the owner or operator (1) Asks the Administrator to determine whether wetting to comply with this paragraph would unavoidably damage equipment, and. before beginning to atrip, auppliea the Administrator with adequate information to make this determination: and (2) When the Administrator does determine that equipment damage would be unavoidable, uses a local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the friable asbestos material*. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in | 61.154 (d) After a facility component has beeo 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 to capture the particulate asbestos material produced by the stripping The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in | 61.154. (c) For friable asbestos materials that have been removed or stripped: (1) Adequately wet the materials to ensure that they remain wet until they re collected Tor disposal in accordance with 1 61.152. and (2) Carefully lower the materials to the ground or a lower floor, not dropping or throwing them, and (3) Transport the materials to the ground via dust-tight chutes or containers if they have been removed or Dripped more than SO feet above ground level and were not removed aa units or in sections. (f) When the temperature at the point of wetting 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 facility components coated or covered with friable asbestos materials as units or in sections to the maximum extent possible. (g) For facilities described in | 61.145(c). adequately wet the portion of the facility that contains friable asbestos materials during the wrecking operation. f tl.ttl Standard tor spraying. The owner or operator of an operation in which asbestos-containing materials are spray applied shall comply with the following requirements: (a) Use materials that contain 1 percent asbestos or less on a dry weight basis for spray-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 basis 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 the following information in the notice: (1) Name and address of owner or operator. (ii) Location of spraying operation (iii) Procedures to be followed to meet the requirements of this paragraph. (2) Discharge no visible emissions to the outside air from the spray-on application of the asbestos-containing material or use the methods specified by | 61.154 to clean emissions containing paniculate asbestos material before they escape to. or are vented to, the outside air. fc) The requirements of paragraphs (a) and fb) of this section do not apply to Ihe spray-on application of materials where the asbestos fibers in the materials are encapsulated with a bituminous or resinous binder during praying and the materials are not friable after drying. (d) Owners and operators of sources subject to this section are exempt from the requirements of || 61.05(a). 61.07. and 61.09. (Approved by the Office of Men|emcnt end Budget under control number 2000-0264) I | lUO Standard tor fabricating fa) Applicability. This section applies to the following fabricating operations using commercial asbestos. (1) The fabrication 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 I 61154 to clean emissions containing particulate asbestos material before they escape to. or are vented to. the outside air. f (1.150 Standard for Insulating materials. After the effective date of this regulation, no owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-epptied and frinble after drying. The provisions of this paragraph do not apply to sprayapplied insulating materials regulated under | 61.146. CBY 3109388 Enwfonmam Raponar C 002975 [Sac. (1.150) 46 C.VA :3MmSua*-Aih. -"finiiiiiii^ -*r Si&dfeiyiik-iuuiaiiMfc^ilii HAZARDOUS EMISSIONS fit.t|1 tunUfi tor wests tospesst tor 161.112 Blands'* tw mil* Oaposat tor MmrtiCHKtof BemsMon, sonsv--n, Each owner or operator of any sourer proytng. and tehricstof apomtoeta oovend under the provisions of 111.142 ak.1l. |a) Deposit ell ssbestos-contalning wail* msterisl al wait* disposal aliei operated In accordance with the proviiiont of | HIM. and Each owner or operator of any source covered under Ihr provisions of 61.147 and 61.14R shall 161.152 corrected by 49 FR 25453. June 21. >914} (a) Deposit all asbestos-containing (b) Discharge no visible amlailoni to the outilde air from the tramfer of aibeito* wait* from control device* to the tailing! conveyor, or ute the methods specified by I 61.154 to clean millions containing particulate aabettoi materia) before they escape to, or art vented to. the outilde air. Dupoie of the aibeitoi watte from control device* in accordance with | 61.152(b) or paragraph (c) of thi* aection; and waste material at waste disposal site* operated in accordance with the provi sions of 61.156. and fb) Discharge no visible emissions to the outside air during the collection, processing (including incineration), packaging transporting, or deposition of any asbestos-containing waste mate rial generated by the source, or use one of the disposal methods specified in paragraphs (b)(3). (2). or (9) of this . section, as follows (c) Diicharge no viilble eminioni to the outiide air during the collection, proceiting. packaging, tramporting. or deposition of any aibectoi-containing waste material, or uie one of the diipoial method* specified in paragraph* (c) (1) or (2) of this aection. at follow*: (1) Use a wetting agent at fellow*: (1) Treat asbestos-containing waste materia) with water: (1) Mix asbestos waste from control devices with water to form a slurry: adequately wet other asbestos-contain ing waste material: and (ii) Discharge no visible emissions to the outside air from collection, mixing, and wetting operations, or use the methods specified by 161.154 to clean emissions containing particulate {>'} Adequately mi* all asbestos- aebestos material before they escape to. containing watte material with a or are vented to. the outside air. and wetting agent recommended by the (iii) After wetting, seal all asbestos- manufacturer of the agent to effectively containing waste material in leak-tight wet dust and tailings, before depositing containers while wet; and the material at a waste disposal site. (iv) Label the containers specified in Use the agent as recommended for the particular dust by the manufacturer of the ageot. (ii) Discharge no visible emissions to the outside air from the wetting operation or use the methods specified by | 61.154 to clean emissions containing particulate asbestos material paragraph |b);i)(iii) as follow*' CAUTION Contain* Atbetto*. Avoid Opening or Breaking Container Breathing Asbestos it HAZARDOUS to Your Health before they escape to. or are vented to. Alternatively, vae warning labela the outside air. specified by Occupational Safety and (iii) Wetting may be suspended when Health Standards of the Department of the ambient temperature at the waste Labor. Occupational Safety and Health disposal site is less than --9.5*C (15eF) Administration (OSHA) under 29 CFR Determine the ambient air temperature 1910.1001 (g)[2)(ii). by an appropriate measurement meth |61.152(b)(l)(iv] corrected by 49 FR od with an accuracy of 1*C (1 2*F). 25453. june 21.1954] and record it at least hourly while the (2) Process asbestos-containing waste wetting operation is suspended. Keep material into nonfriable forms: the records for at least 2 years in a form suitable for inspection. (i) Form all asbestos-containing waste material into nonfriable pellets or other shapes: and 12) Use an alternative disposal meth (ii) Discharge no visible emissions to od that has received prior approval by the outside air from collection and the Administrator processing operation*, or use the Btelhods specified by 16).164 to clear, missions containing particulate oibeito* material before they escape to r ore vented to. the outside sir. (I) Ute an ellemettve diipoial method that hae received prior approval by toe Administrator. 161.1U Blander* tor tnoettve watt* dtopoaal arias tor aabasto* mas* and manufacturing and fabricating t Each owner or operator of any Inactive watle disposal site that was operated by eources covered under || 61.142. 61.144. or 61.149 and received deposit* of aebeitos-containing waste material generated by the sources, shall (a) Comply with one of the following (1) Either discharge no visible amissions to thi outside air from an Inactive waste diipoial site subject to this paragraph: or (2) Cover the aebeitos-containing watte material with at least 15 centimeters (6 Indies) of compacted nonasbestos-containing material and grow end maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material or (9) Cover the asbestos-containing waste material with at least 60 centimeters (2 feet) of compacted nonasbestos-containing material, an&i maintain it to prevent exposure of the asbestoi-containing waste; or (4)For inactive waste disposal sites for asbestos tailings, apply t resinous or petroleum-based dust suppression agen'. that effectively binds dust and control* wind erosion. Use the agent as recommended for the perb'cider asbestos tailings by the manufacturer of the dust suppression agenl Obtain prior approval of the Administrator to use other equally effective dust suppression agents. For purposes of this paragraph, watte crankcaae oil i* not considered a dust suppression agent. (b) Unless a natural barrier adequately deters access by the geners' public, install and maintain warning signs and fencing as follow*, or comply with paragraph (a)(2) or (a)(3) of this section. (1) Display warning signs at aD entrances and at intervals of 100 m (63C feet) or less along the property line of the eite or along the perimeter of the sections of the site where asbestos- 7-13-a* CBY 3109389 C 002976 Publishes by THE BUREAU OF NATIONAL AFFAIRS. INC . Washington, D C 20037 [Sse. 61.153{bX1)J