Document V3mK0dNnpx18wmnGNx9xqXvnw

raftAMiiigy *. Thursday April 5, 1984 PLAINTIFF'S EXHIBIT DUP-805 u Part IV Environmental Protection Agency 40 CFR Part 81 National Emission Standards for Hazardous Air Pollutants; Amendments to Asbestos Standard; Final Rule DUP 0501546 001285 i usa. Eadrital.Kagistar [ VqL49. No. 67 j Thursday. April 5. 1984 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY practice esquanjuints of the NESF5AB wen notiutfaazed by the 1970. 40 CFR Part 61 Amendments to the Clean Air Act under which they were originally promulgated lAO-FRl M1W] The 1977 Amendments to the Acr specifically authorize such National Emission Standards for Hazardous Air Pollutants; Amondmonta to Aaboatoa Standard aoimcy: Environmental Protection Agency (EPA). action: Final rule. requirements. On (une 19,1978 (43 FR 28372), EPA repromulgated man^ef the requirements under authority of fte ISZT Amendments, and today's action repromulgates the fallowing remaining requirements in s new Subpart Miof 40 CFR Part 81. , summary: Amendments to the national emission standard for asbestos were proposed in the Federal Register on July 13.1983 (48 FR 32126). This action promulgates the amendments under Section 112 of the Cletn Air Act as amended in 1977. The intended effect of 1 Section 81.143 reinstates a prohibition of surfacing roadways watte asbestos tailings or asbestos containing, waste. 2. Sections 81.145(c) and 81.140$) reinstate a partial exemption foe demolition operations for sSructualy the amendments Is to reinstate work unsound buildings. prc::ce and aauiDmr"*p^^'m* i' ifu eta- lard that war* Held not to be er. -eion stendaPdl W the U.S. Supreme Court in 1973. They also reword and rearrange the standard for clarity. 3. Section 61.147(e) reinstates te requirement that asbestos ssmased' during demolition or renovation lse &e|M wet until it is collected for dispose). It also requires that the asbestos sat be EFFicnve oat*: April 5. 1984. Under dropped or thrown to the ground or a Section 307(b)(1) af the Clean Air Act lower floor and that asbestos removed judicial-renew of tkeee tattadments i* more than 5Afeat above grouncUAval b available only by the filing of a petition transported to the ground in dust-tight for review In the U.S. Court of Appeals chutesor taasbners (unless it is for the District of Columbia Circuit removed in units or sections). within 60 days of today's publication of 4. Section 81.147(f) reinstates this rule. Under Section 307(b)(2) of the alternative work practices that may be Clean Air Act the requirements that are used fat removed of asbestoi prav ta the subject of today's notla may not tea challenged later In civil or criminal proceeding# brought by BFAto enforce dfnUtihR wAem there are freeatng temperature conditions at the paint white the asbestoi Is being wetted. these requirements. AODRKMCri: Deckat A docket number A--S3--02, containing information 5. Section 91.130 reinstates tkm prohibition of installation of cecsain molded or wet-applied insulating' considered by EPA in development of materials that contain commercial the promulgated amendments, is asbestos. available for public inspection between 3:00 a.m. and 4:00 p.m.. Monday through Friday, at EPA's Central Docket Section (LE-131), West Tower Lobby. Gallery 1, 401 M Street SW,, Washington. D.C. 6. Sections 81.151(a) and 61.132(a) limply refer to ths requirements of Section 61.156. 7. Sections 61.151 (b) and (c); 61.152(b) 20460. A reasonable fee may be cherged (1), (2). and (3); 81.153(a) (2). (3). and (4); for copying. \ 81.154; and 81.156 (c) and (d) reinstate FOR FURTHCR INFORMATION CONTACT: Mr. Robert L Ajax. Standards Development Branch. Emission Standards and Engintering Division (MD-13), U.S. Environmental Protection alternative work practices or equipment that may be used in lieu of complying with a no visible emission limit. 8. Sections 61.153(b) and 61.158(b) reinstate the requirement for warning Agency, Research Triangle Park, North Carolina 27711, telephone (919) 5415578. signs and fencing around asbestos waste disposal sites if (1) the owner or operator chooses to comply with a no. UFPUMKMTARV INFORMATION: visible emission limit rather than follow specified work practices, and (2) there-is The Amendments no natural bar- to deter access by the The amendments reinstate portions of general public the asbestos NESHAP that were equipment or work practice requirements. The Supreme Court held m Adorno Wracking Company v. United In addition t nese requirements, today's action c.arifies the asbestos NESHAP by rewording and rearranging, it into a new Subpart M of 40 CFR Part Slates. 434 U.S. 273 (1978) that work 81. Public Partidpotion The amendments were proposed in the Ftdirsi Register on July 13,1983 (48 FR 32128). To provide interested persons the opportunity for oral presentation of data, views, or arguments concerning theproposed amendments, a public hearing was held on August 9,1983. at Research Triangle Park. North Carolina. The hearing waa open to the public and each attendee was given an opportunity to eamment on the proposed amendments. The public comment period was from July 13.1983. to September 9.1963. Fifteen comment letters were received and two interested parties testified at tha public hearing concerning issues relative to the proposed amendments. The comments have been carefully considered and. where determined to be appropriate by tha Administrator, changes have been made to tha proposed amendments. Summary of Comments and Changes to tha Proposed Amendments Comments on the proposed amendments were received from industry, Federal agendas. State and local air pollution control agencies, snd private citizens. The following summery aicomments and responses serves as the basis for the revisions that have been made to tha proposed amendments. Most of tha letters contained multiple comments, some of which ware outside the scopa of thia rulemaking. Those comments have been summarized in Item No. IV-B-1 of Docket No. A-83-02. They are being evaluated in conjunction with the comprehensive review of the asbestos NESHAP that is currently underway. Most of tha remaining comments pertain to the effect that rewording and rearranging the proposed amendments had on the original meaning and intent of the asbestos NESHAP. Some of them also pertain to tha reasonableness of those requirements being repromulgated (see list in the section entitled "The Amendments"). The comments are ' dlicusaid below and are organized according to the sections of the proposed amendments to which they pertain. Section 31.141 One commenter noted that the propoaed definition of "demolition" deletes tha previous reference to "any related removing or stripping of friable asbestos materials" and recommended restoring the definition to the old wording. The commenter believes thst the new wording may be interpreted to oat include removing and stripping. DUP 0501547 X>XJ 001286 Federal Ragistar / VaL 49, No. 67- / Thursday, April 5, 1984 / Rules aad Regulatione 13659 EPA.intended. that the gmpaiad. The commuter indicated that although linfinjtinn nf "^.mnllHnn" (f**CIL&a;thfl the, situation* are-not planned on activitiee-that. occur w&aa a. bdQty i srhpriitied- they are expected to occur. demolished as disgagmaiiad5am. They would, therefore, fit the definition "renovation^' aatha-taanwasaujad in o"piannad.renovation operation" ia the regulation-The primary i 81.141 that aave, -Indnadual. diatoguUBing actiiritu i-Ust InaA nonacnedulad operations areTncludad If supporting. structural memfu-r-na a number of such ooerationa.can.hg wrecked or taken out in a demolition. predicted, ta occur during a given period operation hhuuet not.in a renovation? ci'iause: ^ Asbestos strippingoa removal may occur iineither but should not be ueed Section 10s-- m m:l4f define tie primary activity of demolition One commenter noted that tha word or renovation. Section 81.148 clearly "or." hetween "operators" ancf states that when demolition os "demolition" In J 01.145(e) should be renovation operations meet certain changed to "of." He indicated that the specifiedcriteria regarding asbestos proper wording would show what he matarislbrin the facility, they are subject believed.ta tie tha Agency's intent to to ths regpietitm. Alko. | 91.147 clearly limit applicability at the regulations to specifier that stripping oeraznoval of only "wrackem. and renovators" and not asbestos materials during demolition or to ipolurie facility owners and operators. renovation oust b*carried out in The commenter is correct that the accordhnca with tha standard. It is not word "on" should be changed to "of," necessary to repeat thaaa provisions in the-deffnitioitof "demolition." Chrcommentar noted that the proposed tiMbaition of renovation would1 apply only tt> removal of asftestos and not to- stripping and recommended that the new definition be at comprehensive and this correction has been made. However, thacommentar't interpretation that the regulation* apply to only "wreckers, and renovator*" and not to facility owners and operators is iocacract. The general provisions of 40 CFR Fart61 define "owner or operator" as the old one. EPA did not inland to omit the word 'stripping^ from the definition of Tenovtatidn-~*s tietime of proposal. as any person who owns, leases, operates, controls, or supervises a stationary source f40 CFR 91.02(1)). The stationary source fn-this case ia tha Hbwvver, SPA be*reevaluated the demolition or renovation operation. The definition twdetsrmine the wording that" wouldrba die moat useful andtnfernsestve- for the regulation. Aa discuaaad m the rasponae to the previous comment about the-dafiiiltion demolition or renovation contractor would clearly ba considered an owner or operator by `"operating" tha stationary source. The facility owner or operator, by purchasing the services of of "demolition.'* the terms should be defined to describe the type of activity that is being carried out at a facility, the demolition or renovation contractor, acquires ownership and control of the operation and would, therefore, be the regardless of the presanca or absence oft "owner" for purposes of this standard. asbestos material, and the definition of Therefore, the standard applies to both "renovation" haa been revised the contractor and the facility owner or accordingly. operator. One commenter recommended restoring the phrase "based on operating experience" to the definition of "planned renovation" to clarify the Sections 61.146 and 61.147 One commenter believes that the wording in !{ 61.149 and-91.147 is vagus basis for predicting future renovation* with respect to identifying who is involving aabeato* removal. Tha phrase subject to the requirements, unlike tha was in ths old definition. The wording in H 61.142,61.143.01.144. ccnunentsr'a recommendation haa been 91.149, and 91.149. which it restrictive ip incorporated into tha amendments. One commenter requested describing the regulated party. EPA believes that the applicability of clarification of the definition of } 61.149 and 91.147 as described in "emergency renovation optration." Ha 5 61.145 adequately identifies those asked whether it would include subject to the requirements of the , malfunctions, such e Iffking valves. demolition and renovation standard. that reouire the removal of asbestoc- One commenter questioned the intent contairlng insulation. Although these of 5 61.147(e)(1). The regulation requires malfunctions are expected to occur, they that asbestos materials be adequately are not planned nr scheduled. wetted to ensure that they remain wet EPA considari the type of pecurrence during ail remaining stages of demolition described by the commenter to pe part or renovation and related handling of a planned renovation optration and operation* The commenter asked no4aii.einenMmcg renovation operation. whether this requirement should be interpreted tamean. that thaaabestos has to staff wattsmsaftaa ilia properly bagged uni'sailed The intent- sf the requirement to keep friable asbestos materials wet during all remaining stages of demolition was to ensure that tha esbeetos msterials that have been raaouad or strippedbut not yet dj^oaedoti searmatt affi--rad to dry out aatirat-aahntacfibanbsssma airborne. if thejraoe jnnpraeysaaled in leak-tightomzlanBa bags, while wat. they shouldant liiiys ireilhatamtfiay can ba trauafaraeiswwiwnrepuisiw disposal site; In aog'aaaat sfeartirey are lagged. { SHIS fend sot f II.M7) would apply to thrhandlist?ef the aebestoe materials. To clarify tha meaning of this portion oftila etianderd the weeding of { 9ar47>iWh baaa-saviawhSa indicate-tiat thwaibeatee madHiols cruet be kept wet aatitf Hey an*collected fop dispoaal as eaoardkwca wife *1.152 They would be considered "coiTactad" when they art properly baggtd. Section 61.160 One commenter asked for clarification of tie intent of 191.150, whichgeobibiu the installation of certain asbeetrscontaining insulating materials. It wee not dear to hint whether tht prohibition affect* msnufactnring operations that use parti containing aabeatoi atrefr as grommet* gaskets, string, etc-in their products. The preamble of the Federal Register notice that contained the ortginat standard for insulating materials (39 FR 36064; October 25,1974) discusses the intended applicability of the prohibition. It it clear fom that discussion that the prohibition was intended to apply to field installation of such ln*ulatmg~ products si molded, asbastos-wlnfoireed blocks, sheets, and semicircular sections for oioe insulation; and powdered, asbestos cement producia mixed into a slurry and used to insulate irregular shape* These installations would have been associated with conatruction activities on buildings and other facilities. Therefore, tha prohibition would not affect manufacturing _ operations that usa aabestoa-containing parts in their products. Tha regulation has been reworded to reflect HPA's intended effect of the prohibition. Section 61.154 One commenter pointed out that tha units in { 61.154(a)(l)(lii) do not properly relate square meters to square yards, resulting in a lowering of the weight of t)te filter by about 20 percent from, the old requirement; Le-14 ar/sq-yd. irnot equal to 14 oz./sq. meter. bLadditian. he DUP 0501548 DU 001287 m na .a.i-- 1 :w ii (< 'a- fjf||jj (| ' 13880Federal Register / VoL 49, No. 67 / Thursday. April 5, 1984 / Rules and Regulations pointed out that the uie of Vit inch is not in keeping with EPA's metric program. The errors noted by the commentar have been corrected in the final rule. Station 61.155 One commentar requested clarification of the Agency's intent in $ 01.155. which requires that existing sources covered by the asbestos NESHAP provide to the Agency within 90 days Information regarding their asbestos emission control methods. The commenter asked if renotification and . resubmission would be required if they had already complied with these same requirements in the old designation 181.24. EPA does not intend that existing sources of asbestos emissions resubmit notifications that were originally required by tne sianaaru promulgated in' me wording ot l ei.iaa naa Dean revised to accurately reflect EPA's intent Miscellaneous Ons commenter expressed the opinion that the proposed amendments do not sufficiently correct the weakness of the NESHAP regulations and that they represent a "crude slap in the face to asbestos victims and will create health hazards of such proportions that new generations of aabeatoa victims will be guaranteed." He supported his opinion with the following arguments: 1. The no visible emission limit is not adequate for regulating airborne asbestos because it does not take into account the substantial asbestos disease risk when emissions that are not visible are present. 2. The proposed reinstatement of the - exemption from certain wetting requirements during demolition operations in freezing temperature# should not be allowed. Weather conditions that do not allow wetting- ~ should also not allow asbestos to bisremoved. Wetting requirements are important because they can reduca dust levels by a power of 10. 3. Allowing exceptions when local entities pronounce buildings structurally unsound la tantamount to opening a way for widespread-violation of health practices. 4. Under no circumstances should visible emissions be allowed. 5. All references to the economic impact should be dropped. EPA should concern itself with the economic impact on society, which ends up paying for disease victims produced by inadequate work regulations. The first four of the commenter'a statements ct oncern issues that ars currently being investigated in the review of the asbestos NESHAP: the no visible emission limit, the exemption from wetting requirements during freezing weather, and the exemption for structurally unsound buildings. EPA will evaluate the effect of these provisions and determine whether they need to be revised. That evaluation is beyond the scope of today's rulemaking, however. The amendments are intended to reinstate the provisions of the original NESHAP and not to include new provisions or delete any of the original ones. Therefore, no changes are being made, to these portions of the proposed amendments. In response to the commenter1! suggestion to drop ail refcrencss to tht economic impact of the proposed amendments, the Agency believes that economic impact on the regulated entities is one of many factors that should be considered when setting standards under Section 112 of the Clean Air Act. Any adverse economic impact on society resulting from inadequate regulations for a hazardous air pollutant would be of concern to EPA as it-would be a consequence of adverse public health affects. The current review of the NESHAP will include an evaluation of this aspect of regulating asbestos to determine if more stringent requirements are needed. One commenter said that the requirement in $ 91.146(c)(3) to explain the techniques of estimation of the amount of asbestos for certain demolition jobs seems to be a new requirement because he could not locate it in the old regulation. The requirement was in ] 01.22(d)(l](ii] of the old regulation. One commenter said that States that are.enforcing the asbestos NESHAP sometimes have a different interpretation of regulations than EPA and suggested that EPA provide clarification of intent for the States. Under the Clean Air Act. States art free to require more stringent asbestos emission control measures than those in the asbestos NESHAP. EPA does, however, provide EPA enforcement determinations to States that have been delegated authority to enforce the NESHAP. These determinations include EPA's interpretations of portions of the regulation as questions arise concerning them, and they are very useful in ensuring consistency of enforcement among the States and EPA Regional Offices. One commenter said that there is a statement in the proposal preamble that is not true. It says, "Demolition and renovation contractors typically transport the asbestos they remove from a facility to a waste disposal site on a dally basis." The commenter stated that the economics of doing this would be astronomical. For example, the cost of hauling a small number of bags to a disposal site 40 miles away would be very high, and the contractor would wait until a mil load had accumulated. The Agency has carefully considered this comment and concluded that no changes tu the regulation are naeded since it refers to t discussion in the preamble to the proposed amendments. There are no requirements in the NESHAP that asbestos waste be transported to a disposal aite daily. Three commenteis ssid that the amendments improve the clarity and readability of the asbestos NESHAP and two indicated that the required work practices are currently being used by their companies. Two commenters noted typographical ezron, which have been corrected in the final rule. Other minor changes were made in the final rule to ensure that the new wording accurately reflects ths intent of the original regulation and to further clarify the requirements. Docket Ths docket is an organized and complete file of all the information submitted to or otherwise considered by EPA in the development of this rulemaking. The principal purposes of the docket are: (1) To allow interested parties to Identify readily and locate documents so that thay 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 A review of this regulstion hss begun. This review will include en assessment of such factors as the need for integration with other programs, the existence of alternative methods, enforceability, Impravaments in emission control technology and htalth data, and reporting requirements. Under E.0.12291. EPA must |udge whether a regulation is "major" and tharefora subject a the requirement of a Regulatory Impact Analysis. This regulation is not major becauaa it does not meet any of the criteria specified in the Executive Order regarding the annual effect on the economy; Increase . in cost or pricts: or adverse effects on . competition, employment investment productivity, innovation, or tha ability of U5. enterprises to compete with foreign enterprises. Information collection requirements associated with this rule (40 CFR 81.07. DUP 0501549 DU 001288 s. Fetfeni1 Register / Vei. 48. tfa. 88 j Tharsday, AjsnS 5. 1864 / Rules and Regulations 13661 6u 6uo.na4& sju. and en.xs(t have'been approved by the Office of Management and Budget (OMB) unde* the provision* of the Paperwork. Redaction Act of 1980,44 U.S.C. 3501 at seq. and have been assigned OMB control number 2000-0284. This regulation was submitted to the. Office of Management and Budget (OMB) for review ai required by E.O. 12291. Pursuant to tha provisions of 5 U.S.C. 605(b).. 1 hemby certify that this rote, li promulgated, wil not haws a significanteconomic impact on any smalt endtlesi. List of Objects in 40 CFR Part 81 Aic pollution control. Asbestos. Beryllium. Kacardott* materials. Meccnry, Vinyl chloride. Dated: March30.1964. WilBaM D> BurkeUlnaus, Adminisaatoi PART (t--{AMENDED] 40 Cre Part 81 ia amended by redesignating Subpert B (|| 81.20-81.251 as Subpart M and revising thenew Sabpact M to read ae follows: Subpart H--National Emlesion Standardtor Aabaataa Sac. 81.140 Applicability, sum Defimoue* 81.14A Sitodttd fat tt&ettoi mils. 81.143 Standard for-roadway* 81.144 standard for manufacturing. Mil. 145 Standard for demolition and renovation: Applicability. 61.146 Standard far demolition and renevabon: Notification-requirements. . 61.147 Standard for demolition end renovation: Proctdurat for aabeatoa emission control. 61.148 Standard lor spraying. 31.141 Standard far fabricating. 31.150 Standard for insulating material* 31.151 Standard far waste disposal for asbestos mills. 81.152 Standard for waste disposal far manufacturing, demolition, renovetion; spraying, and fabricating operation* 61.158 Standard for inactive waste dlapsBl sits* tor asbestos mill*end manufacturing and fabricating operation* 31.154 Air-cleaning. 31.155 Reporting. 61.156 Active waste dlsposel sites. Authority; Sacs. 112 and 301(a) of tha Clean A:r Act. as emended (42 U.S.C 7412 7601(e)). and additional authority as notad below. Subpart M--National Emtaalon Standard tar Aabaataa {61.140 Applicability. The provisions of this subpart ar* applicable to those sources specified in 5 } 61.142 through 61.153. $81,141 Definition* apartment butldRigs having no- more AM tenns that ere used in this subpart than four dwslllng units): and are not defined below are given the Facility component maanr any pipe, same meaning as in the Act and in duct, boiler. tank, reactor, turbine, or Sebpart A of this part. furnace at or in a facility; or any Active waste disposal site means any structural member of e facility. disposal site other than an inactive site. Adequately wetted means sufficiently mixed or coated with water or an aqueous solution to prevent dust enuifions. Asbestos means the asbestiform varieties of sespentinite (chrysotile). riebeckd* {jcroeidolite). eummingtonitegrunerite. anthophyllite. and actinollle- trsaolfte. Asbestos-containing wastematerials means any waste that contains commereii asbestos and Is generated by a source subject to the provisions of this subpart. This term include* asbestos milt tailings, asbestos waste from control devices, friable asbestos waste material, and bagi or containers that previously contained commercial asbeetoe. However, as applied todbmofttion and renovation operations, this, term includeo-onlv friable asbestos Friable asbestos material mean* any material containing more than ljecsent asbestos bv weight that hand pressure. can crumble, pulverga. or reduce aypowder whan dry. Inactive waste disposal site means any disposal site or portion of itwhere additional asbestos-containing waste material will not be deposited and where the surface ia not disturbed by vehicular traffic. Manufacturing means the combining of commercial asbeetoe--or. in the case of woven friction products, the combining of textiles containing commercial tibeatoe--with any other material(s], Including commerciti asbeitor. and the proceaeing of this combination Into product. Outside air means tha air outside buildings and structures. wares and aabeatoa waste from control devieet. Asbestos material mean> asbestos or Pbrticuiate asbestos materiaimeans finely divided particles of tsbettoe material anv material containing asbestos. Plannedrenovation operations means Asbestos mill meana any facility a renovation operatioaor a aiTmfrwr of engaged'm converting,, or in any such onaratioai in which tha amount of intermediate step hi converting, fnable aadeatac aiatartm that will be asbestos ore info commercial asbestos. removed ar stripped within a given Outside storage of asbestoe material Is not eonsidered a pert of the aabeatoa period of tiw nan he predicted ODaTmtlnns ere uuB. Included if a number of such operations Asbestos tailings meant any solid waste that contains aabeatoa and is a can be predicted to occur during a given period of time baaed on operating product of asbestos mining or milling experience. operations. Remove means to taka out friable Asbestos waste from control devieee asbestos material! from any facility. means sny waste material that contains asbestos end is collected in a pollution controKdevice. Commercial asbestos means any asbesioa that ia extracted from-asbestoe ore. _ ..... ... DemeiAmin means the wrecking or taking out of anv load-supporting amiawnl. member of facility together wish anv related handling operations. Emergency renovation operations rr.aan* a renovation operation that wet- not planned but results from a sudden. unexpected event. This term.include* opeMtions necessitated bv nonroutine failures of equipment. Fabrieaaktg means any processing of a manufactured product that contains- commercial asbestos, with the exception Renovation maans altering In any way one or more facility components. Operation* in which load-supporting structural member* are wrecked or taken out are excluded. Roadways meant surface* on which motor vahldat travel. This term includes highway* road*, streets, parking areas, and driveways. Strip meant to take off friable asbestos material* from any part of facility. Structural member mesas any load supporting member of a facility, such as beam* andloan. supporting walla; or any nonload-supporting member, such as ceilings and nonload-supporting wall* Visible emissions means any of proceaeing it temporary sites for tha conaianxtion or restoration of facilities. Facility means-any institutional, commercui. ae tadustrial structure, installation, or buiidinjj(excluding amiaaion* containing particulate aabeuo* malarial that ar* visually detectable without the aid of instrument* This does not include condensed uncombined water vapor. DUP 0501550 DV 001289 13662 Federal Register / VoL 49. No. 67 / Thursday, April 5, 1964 / Rules and Regulation! (11.142 Standard for sstieeto* mills. components, all the requirements of Each owner or operator of an asbeatoa 61.148 and 61.147 apply, except as mill shall either diicharge no vtiibia provided in paragraph (c) of this section. emissions to the outside air from that *1 (b) If the amount of friable asbestos asbestos mill or use the methods materials in s facility being demolished specified by 161.154 to clean emissions is less than 80 linear meters (260 linear containing particulate asbestos material feet) on pipes and less than 15 square before they escape to. or are vented to. meters (160 square feet) on other facility the outside air. components, only the notification 5 81.149 Standard (or roadways. No owner or operator of a roadway requirements of paragraphs (a), (b), and (c) (1), (2), (3). (4). and (5) of 9 81.146 apply. may deposit asbestos tailings or asbestos-containing waste material on (c) If the facility is being demolished under an order of a State or local that roadway, unless It is a temporary governmental agency, issued because roadway on an area of asbestos ore the facility ts structurally unsound and deposits. in'danger of imminent collapse, only the { (1.144 Standard (or manufacturing. (a) Applicability: This section applies to the following manufacturing operations using commercial asbestos. (1) The manufacture of cloth, cord, ' wicks, tubing, tape, twine, rope, thread, yam, roving, lap, or other textile materials. (2) The manufacture of cement products. (3) The manufacture of fireproofing and insulating materials. (4) The manufacture of friction requirements'in 9 61.148 and in paragraphs (d). (e). (f), and (g) of 9 81.147 apply. (d) If at least 80 linear meters (280 linear feet) of friable asbestos materials on pipes or at least 13 square meters (160 square feet) of friable asbestos materials on other facility components are stripped or removed at a facility being renovated, all the requirement* of 8161.146 and 81.147 apply. (1J To determine whether paragraph (d) of this section applies to planned renovation operations involving, products. (5) The manufacture of paper, millboard and fell. (6) The manufacture of floor tile. (7.) The manufacture of paints. coatings, caulks, adhesives, and ' sealants. . C8J The manufacture of plastics and rubber materials. individual nonscheduled operations. predict the additive amount of friable asbestos material to be removed or stripped over the maximum period of' time s prediction can Pe made, not to " exceed 1 year. (2) To determine whether paragraph (d) of this section applies to emergency renovation operations, estimate the (9) The manufacture of chlorine. (10) Tha manufacturt of ahotgun shell wads. amount of friable asbestos materials to be removed or stripped as a result of the sudden, unexpected event that (11) The manufecture of asphalt necessitated tile renovation. concrete. (e) Owners or operators of demolition (b) Standard: Etch owner or operator and cenovetion operations are exempt of any of the minufecturing operations from the requirements of 99 81.05(a). to which this section applies shall either; 81.07, and 81.09. (1) Discharge no visible emissions to the outside air from these operations or | S1.14S Standard lor demolition and from ny building or structure in which renovation: Notification requirements. they are conducted; or Each owner or operator to which this (2) Use the methods specified by \jection qpplies shall: 9 01.154 to clean emissions from these (a) Provide the Administrator with operations containing particulate written notice of intention to demolish asbestos matarial-befoe they escape to. or renovate. or are vented to. the oateide air............. 4(b) Postmark or deliver the notice a* follows: i S1.14S Standard for deowiftiOAsnd roovaiore appdeaneny. 4 (l) At least 10 days before demolition begins if the operation':* described in The requirements of If 81.146 and 61.147 apply to each owner or operator of a dsmohtion or renovation operation 8 8iT45(a): 4 (2) At least 20 days before demolition begins if the operation is described in as follows: 8 81.145(b); \ (a) If the amount of friable asbestos 4 (3) As early as possible before materials in e facility being demolished is at least 80 linear meters (280 linear feet) on pipes or tt least 15 square meters (180 square feet) on other facility demolition begins if the operation is described in 8 81.145(c); /4[4fAs eariy as possible before*) (renovation begins----------------' (c) Include the following information in the notice: 4 (l) Name and address of owner or operator. 4 (2) Description of the facility being demolished or renovated, including the size. age. and prior use of the facility, i (3) Estimate of the approximate amount of friable asbestos material present In the facility. For facilities described in 9 81.145(b). explain techniques of estimation. 4 (4) Location of the facility being demolished or renovated. \ (5) Scheduled starting and completion dates of demolition or renovation. 4 (8) Nature of planned demolition or renovation and method(s) to be used. 4 (7) Procedure* to be used to comply with the requirements of this Subpari. 4 (S) Nam* and location of th* wastt disposal sit* where the friable asbestos wasts material will be deposited. (9) For facilities described in f 81.145(c), the name, title, and authority of the State or local governmental representative who hie ordered th* demolition. (Approved by the Office of Management and Eudgit under control number 2000-0284) I (1.147 Standard (or demolition end renovation Procedure* for eebwtoo omission control. Each owner or operator to whom thii section applies shall comply with the following procedures to prevent emiaaiona of particulate aabeotos materiel to the outetde aln \(a) Remove friable asbeito* materials from a facility being demoliahed or renovated before any wracking or dismantling that would break up the materials or preclude eccest to th* materials for subsequent removal. However, friable asbestos materials need not be removad before demolition if: J (1) They are on a facility component that is encased in concrete or other similar material; and (2) These material* tr* adequately wetted whenever exposed during demolition. \ (b) When a facility component covered or coated with friable esbestos materials is being taken out of the facility as units or in sections: (1) Adequately wet any friable asbestos materials exposed during cutting or disjointing operations; and (2) Carefully lower the units or sections to ground leveL not dropping them or throwing them. v(c) Adequately wet friable asbestos materiiis when they are being stripped from facility componints before th* members are removed from the facility DUP 0501551 pU 001290 Federal Register / Vol, 49. No. 67 / Thursday, April S, 1984 / Rules tad Regulations 13663 In renovation operations. wetting that would unavoidably damage equipment it not required if the owner or operator (1) Asks the Adminiatrator to determine whether watting to comply with this paragraph would unavoidably damage equipment and. before beginning to strip, auppiies the Adminiatrator with adequate information to make this determination; and (2) When tha Adminiatrator doet determine that equipment damage would be unavoidable, utet a local exhauat ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the friable asbsstor materials. Hit system mutt exhibit no visible emissions to the outside air or be designed and operated in accordance with the reqnirementa in 181.154. * (d) After e facility component has beim 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 desisted and operated in accordance with the requirements in f 81.154. * (e) For friable asbestos materials that have been removed or stripped: (1) Adequately wet the material! to ensure that they remain wet until they are collected for disposal in accordance with I si.132: end (2) Carefully lower the materials to the ground or a lower floor, not dropping or throwing them: and (3) Transport the materials to tha ground via dust-tight chutes or containers if they have been removed or stripped more than SO feet above ground level and were not removed es units or in sections. .\f) When the temperature at the point of wetting iebelow 0*C(32`F)t . (1) Comply with the requirements of paragraphs (d) and (a) of thia faction. The owner or operator netd not comply with tha other wetting requirements in this section; and (2) Remove facility component* coated or covered with friable aabastoe material* aa units or is sections to the maximum sxtant possible. N Cg) For facilities described is i 81.145(c), adequately wet the portion of the facility that contains friable asbestos materials during the wrecking operation. i I1.US Standard lor spraying. (1) Discharge no visible emissions to The owner or operator of an operation the outside sir from any of tha in which ssbestas-containing materials operations or from any building or are spray applied shall comply with the structure In which they are conducted: following requirements: or (a) Use mattrialt that contain 1 (2) Use the methods specified by eroent asbestos or less on a dry weight 181.154 to dein emissions containing asis for spray-on application on particulate asbestos material before buildings, structures, pipes, and they escape to. or are vented to. the conduits, except as provided in outside eir. paragraph (c) of this section. (b) For spray-on application of 1*1.110 Manderd for Mutating materials. materials that contain more than 1 percent asbestos on a dry weight basis on equipment and machinery, except as provided in paragraph [cj of this section: (1) Notify the Administrator at least 20 days before beginning the spraying operation. Include the following information in the notica: (1) Name and address of owner or operator. (ii) Location of spraying operation. (HI) Procedures to be followed to meet the requirements of this paragraph. (2) Discharge no visible emissions to After the effective date of this regulation, no owner or operator of a fadllty may install or reinstall on a facility component any insulating materials that contain commercial sibsitos if the materials are either molded and friable or wet-applied and friable after drying. The provision* of this paragraph do not apply to spraytpplied Insulating materials regulated under { 61.148. ill.1(1 Mandard tor west* dtapossi for asbestos ndda. tha outside air from the spray-on Each owner or operator of any source application of the asbestof-containing covered under the provision* of i 81.142 material or ust the methods spsdfled by shall: i 81.154 to dean emissions containing particulate asbestos material before they escape to. or are vented to, tha outside sir. (c) The requirements of paragraphs (a) and (b) of this section do not apply to the ipray-on application of material* where the asbestos Sbers in tha materials art encapsulated with a bituminous or resinous binder daring spraying and tha materials art not friable after drying. (d) Owners and operators of sources subject to this section are exempt from the requirements of H 81.05(a), 81.07. and 81.00. (Approved by the Office of'Manifimtnt ind Budget undsr control number 2000-0284) (a) Deposit a)] asbestos-containing wests matsrial at waste disposal sits* operated in accordance with the provisions of ! 81.158: and (b) Discharge no visible emissions to the outside air from tha transfer of asbestoe waste from control device* to the tailings conveyor, or use the method* specified by ( 8UM to dean emission* containing particulate' asbestoe material before they escape to. or are vented to, tha outside air. Dfaposs of ths asbestos waste from control devices in accordance with 161.152(b) or paragraph (c) of this section; and- (c) Discharge no visible amillions to tha outsids sir during ths collection, processing, packaging, transporting, or } S1.U9 Standard lor taMoating. (a) Applicability. Thia section appliti to tha following fabricating operations using commercial asbestos: (1) The fabrication of cemant building products. (2) The fabrication of friction products, except those operations that primarily install asbestos friction materials on motor vehides. (3) Ths fabrication of csmsnt or silicate board for ventilation hoods; ovens; electrical panels; laboratory furniture, bulkheads, partitions, and ceilings for marine construction; and deposition of any asbestos-containing waste material, or us* on* of the disposal methods specified in paragraphs (c) (1) or (2) of this section, is follows: (1) Us* a wetting agent as follows: (i) Adequately mix all asbestoscontaining wests matsrial with a wetting agent recommended by the manufacturer of the agent to- effectively wet dust and tailings.Wore depositing ths material at t wests disposal site. Us* ths agent as recommended for tha particular dust by tha manufacturer of the agent ftow control devices for the molten (ii) Discharge no visible emissions to metal industry. the outside sir from the wetting (b) Standard. Each owner or operator operation or us* the method* specified of any of the fabricating operation* to by 181.154 to dean emissions which this section applies shall either. containing paxticulata asbesto* material DUP 0501552 DU 001291 13664 Federal Register / Vol. 49, No. 87 / Thursday, April 5, 1984 / Rule* tad Regulations before they escape to, or ere vented to. the outside eir. (lii) Wetting may be suspended when the ambient tempenture it the waste disposal site is less than -9.5`C (IS'F). Determine the ambient air temperature by an appropriate measurement method with an accuracy of 1`C(2*F), and record it at least hourly while the wetting operation is suspended. Keep the records for at least 2 years in a farm suitable for inspection. (2) Use en alternative disposal method that has received prior approval by the Administrator. 111.152 Standard for wests disposal tor manufacturing dentoMon, renovation, spraying, and fstieeang operations. Each owner or operator of any source covered under the provisions of Si 61.144-41.140 shall: (a) Deposit all asbastos-containing waste material at waste disposal sites operated in accordance with the provisions of i 61.156; and (b) Discharge no visible emissions to the outside air during the collection, processing (including 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 esbestoe waste tnn control devices with water to form t slurry; adequately wet other esbestoecontaining waste material: and (ii) Discharge no visible emissions to the outside eir from collection, mixing, and wetting operations, or use the methods specified by 161.154 to clean emissions containing particulate asbestos material before they eecape to, or are vented to. the outside air; and (iii) After wetting, seal ail asbestoscontaining waste material in leak-tight containers while wet and (iv) Label the conteinerrspecified In paragraph (b)(l)(il!) as follows: CAUTION Contains Asbestos- Avoid Opening or Breaking Container Breathing Asbestos is bassrdoug to Your Hsaith Alternatively, use warning label* specified by Occupational Safety and Health Standards of the Department of Labor, Occupational Safety and Health Administration (OSHA) under 29 CFR 1910.1001(g)(2)(H). (2) Procees asbestos-containing waste material into nonfriable forms: (i) Form all asbestos-containing waste material into nonfriable pellets or other shtpes; and (ii) Discharge no visible emissions to the outside air from collection and processing operations, or use the methods specified by i 81.154 to clean emissiona containing particulate asbestos material before they eectp* to, or are vented to, the outside air. (3) Use an alternative dispose! method that has received prior approval by the Administrator. 3*1.15) Standard for inactive trasta (Sspoaai site* for aebeets* mil* and manufacturing and fabricating operation*. Each owner'or operator of any inactiva waste disposal aita that waa operated by sources covered under 3 3 61.142,81.144, or 31.149 and received deposita of asbestos-containing waste material generated by the sources, shall (a) Comply with one of the following: (1) Either discharge no visible emissiona to the outside air from an inactive waste disposal site subject to' this paragraph: or (2) Cover the asbestos-containing waste material with at least 13 centimeters (6 inches) of compacted nonasbestos-contaimng material, and grow 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 40 centimeters (2 feet) of compacted nonasbestos-cantaining material, and maintain it to prevent exposure ofthe asbestos-containing waste: or (4) Por inactive waste disposal litas for asbestos tailings, apply a resinous or petroleum-based dust suppression agent that effectively bind* dust and control* wind erosion. Us* the agent a* 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 suppress!on agent*. For purposes cf this paragraph, waste crankcese oil ii not considered a dust suppression agent (b) Unless t natural barrier adequately deters access by the general public, install and maintain warning signs and fencing as follows, or comply with paragraph (a)(2) or (*X3) of thia section. (1) Display warning signs at aU entrances and at intervals of 100 oa (330 feet) or less along the property line of the site or along the perimeter of the sections of the site where esbestoecontaining waste material wee deposited. The warning signs must ' (i) Be posted in such a manner end location that a person can stilly read the legend; and (ii) Confonn to the requirement! for 51 cmx30 cm (20"X14") upright format signs specified In 29 CFR 1910.145(d)(4) snd this paragraph; and (iii) Display ths following Itgend in the lowir panel with letter size* and stylet of a visibility at least equal to those specified in this paragraph. (.gaitt NQMMft Jtfi--oi Wwm OhpOMl tto. UMlUtt) W*. OflNStf 0Cfc tJ am (% Im tot Oometraocfc arwrtu amm hu t4 am. vm tt Yur HMMt Spacing between any two lines must b* at least equal to the height of the upper of the two Line*. (2) Fence the perimeter of the site in a manner adequate to deter access by the general public. (3) Upon ssquast and supply of appropriate information, the Administrator will determine Hn^irr a fence or a natural banter adequately deter* aoceea by the general public. (c) The owner or operator may bm ea alternative control mstbad that baa received prior approval of the Administrator rather than comply wHk ths requirsmeats of paragraph (a) er(b) nf this snrflnn 351.154 AJr-oteaflfcig. (a) The owner or apcraSariviiairiads to use air-cleaning, as permuted by 3 4 81.142, 91.144. 81.147(0)^3). 61.147(d)(2), 81.146(b)(2), tU40(b). 61.l52(b)(l)(ii), and M.UgblU) shall: (1) Use fabric filter collection dmrices. except as noted in paragraph (b) ef thfs section, doing ali.of the following (i) Operating tha fabric filter collection devices at a pressure drop of no more than 4 inches water gage, as measured cross the filter fabric; end ' (it) Ensuring that tha airflow permeability, as datarntinad by ASTM Method D737-7S, doe* not exceed 8 m*/ min/m* (30 ft'/nrim/fl*) far woven fabric* or U*/minAn*(33 ft*/min/ft*) for felted fabrics, exceptlhat 12 m*7 min/m* (40 ft*min/ft*) far woven and 14 m*/min/m* (45 ft *pita/ft*) far felted fabrics is allowed far Sharing air from asbestos ora dryer*; and (lii) Ensuring that felted fabric weighs at least 475 grains per square meter (14 ounces per square yard) and Is at least 1.8 millimeter* (one-sixtesnth Inch) thick throughout; and DUP 0501553 DU 001292 Federal Register / VoL 49. No. 67 / Thursday, April 5, 1964 / Rules and Regulation! 13665 (iv) Avoiding the use of synthetic fabrics that contain fill yam other than that which la spun. (2) Properly install, use. aparate, 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 sc long as it takes to shut down the operation generating the particulate asbestos material. (b) There are the following exceptions to paragraph (a)(1): (1) If the use of fabric creates s fire or explosion hazard. the Administrator may authorize as s substitute the use of wet collectors designed to operate with t unit contacting energy of at least 9.9S kilopascals (40 inches water gage pressure). (2) The Administrator may authorize the use oi filtering equipment other than that described in paragraphs (a)(1) and (b)(1) of this section if the owner or opere1 r demonstrates to the Admir.strator'a satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material. y\suss Reporting. (a) Within 90 days after the effective date cf '.his subpart each owner or ope:; '.: of any existing source to which this s. ..-art applies shell provide the follow. information to the, Acr rator, except that any owner or ope. who provided this information pn - ' nril 5,1984 in order to comply w1: - :i (which this section rer' > : is not required to resubmit it 'ascription of the emission cc-r.- uipment used for each pr::- id 2) I fabric filter device is used to corn: .missions, the pressure drop across the fabric filter in inches water gars: -nd .;. e fabric device uses a woven fa:- - e airflow permeability in m/ tr - nd: if the fabric it synthetic, w-.e fill yam is spun or not spun; arc : fabric filter device usae a fe! -ie. the density in g/m*. the m: - thickness in inchet, and the a:-:".- -meability in m*/min/m*. 1 ? ources subject to i i 61.151 ar. 1: 1 f description of each procesa tr.tes asbestos-containing v. trial; and (ii) The average weight of asbestos- containing waste material disposed of. measured In kg/day: and (iii) The emission control methods used in all stages of water 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 191.153: (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 5 81.10. The information described in this section must be reported using the format of Appendix A of this part (Sec. 114. Clean Air Act as tinended (42 U.S.C. 7414)). (Approved by this Office of Management end Budget under control number 2000-0264) 901.154 Active waste disposal sftan. To ba an acceptable site for disposal of asbestos-containing waste material under if 61.151 and 81.152, an 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 wastt disposal sits where asbestos-containing watte material has been deposited, or the requirements of paragraph (c) or (d) of thia taction must be met (b) Unless a natural barrier adequately deters sccett by the general public, either warning signs and fencing muat be installed and maintained a* follows, or the requirements of paragraph (c)(1) of this section must be met (1) Warning signs must be displayed it all entrances and at intervals of 100 tn (330 ft) or lets along the property line of the site or along the perimeter of the lections of the site where asbestoscontaining west* material ii deposited. The warning signs must: (i) Be posted in such a msnntr and location that s person can easily read the legend: and (ii) Conform to the requirements of 51 cm x 33 cm (20" x 14") upright format signe specified in 29 CFR 1910.145(d)(4) and this paragraph; and (iii) Display tha following legend In the lower panel with letter files and styles of a visibility at least equal to those specified in this paragraph. lagan* Motaaon ****** Wu CwOQUi Sfe Os Not Cttrn* Dual_______ SfWUNr* ****** HU. arioua Hoowt 2.1 on (1 KM Sara St. Oo*r IlodL f J cm (tt tcrl Sam Sanf. Octree or Stock. 14 Pont Sons. Spacing between any two lines must be at least tqual to tha 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 or a natural barrier adequately deters access by the general public. (c) Rather than meat tha no visible emission requirement of paragraph (a) of thie section, an active waste disposal site would ba an acceptable site if at the end of each operating day. or at least ones every 24-hour period while the site is tn continuous operadoa the asbestoscontaining waste materiel which was deposited at tha sit* during tha operating day or previous 24-hour period is covered with either. (1) At least 15 centimeters (6 inches) of compacted nonssbestoa-containing material, or (2) A resinous or petroleum-baaed dust suppression agent that effectively binds dust and controls wind troslon. This agent muat be used as recommended tor the particular dust by ths manufacturer of tha dust suppression agent Other equally effective dust suppression (gents may be used upon prior spprovsl by the Administrator. For purposes of this paragraph. wastt crankcase oil is not considered s dust suppression agent (d) Rather than meet the no visible emission rsquirement of paragraph (a) of this lection, an active waste disposal site would ba an acceptable lita if an alternative control mathod for emissions that has received prior approval by the Administrator is used. (Sees. 112 and 301(a) of ths Clfin Air Act ss mended (42 U.S.G 7412,7801(e)) [FK Dk w-eeee nM 4-t-M:su ( ft | a*} coot hmHI DUP 0501554 X)U 001293