Document YGwXr85b8xy79k2GKQMwD5naV

Monsanto LAW DEPARTMENT P. H. Smith G3WB OCT 5 4-8506 1984 September 27, 1984 EPA Asbestos Regulation R. F. Boland G. L. Jessee J. A. Peters J. M. Schroy PLAINTIFF'S EXHIBIT TO M. R. Foresman . R. H. Joslin 'SEP28B84 L. P. Paradis D. B. Reddington r/r 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 Environmental 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 regulations. 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 000465 LAM022374 CURRENT DEVELOPMENTS objectivity tke agency has shown on the lead-to-gasoltoe tac mt the put It year*. Or. ttwirtMcCabe. a pediatrician at the Uniwitty of WfecoMlB Mr*1"' Icbool and a consultant to the Interoa- wi Ued-Sac Research Amodatloo, aald thedrop to itvds Been during the 1170s, which EPA attri- houe to the rise is mdeaded gasoline use, is more likely due to rtf'" (actors, as a reduction in the amount of lead nr pad professor of environmental health at University of Cincinnati Medical Center, told the panel feat a etady he condnctod revealed that children's blood-lead leeels were directly related to the presence or absence of paint In their houses. "Regardless of the level of atmospheric deposition of lead [from leaded gas eombus- tfeol the real determinant of Mood lead is quality of bous ing,** F>hmwI Said. Others Defend EPA Data Interpretation Dr. Sergio PiomeQi, director of pediatric oncology and hematology at Columbia University Medical School, coun tered that blood-lead levels fat children far below what is considered "normal" are now known to cause adverse health effects. "The day when lead is removed completely from gewJtw will be a great day for the health of children in this country." be told the EPA panel Leaded paint contributes to the problem as well, he acknowledged, but said that removal of leaded gasoline from the market will reduce the background levels of lead In children's Mood and prevent some adverse health effects. Cannon told BNA Aug. SO that critics of EPA's Interpreta tion of the data on the relationship between leaded gasoline se and the level of lead la Mood were selecting specific todies where inconsistencies exist, hut said that when all fee evidence b considered, the relationship b dear. He said all available data on the subject were carefully examined by EPA scientists and a peer review pend before the adminis trator issued the proposal. Lester Grant, an EPA panel member end director of the agency's Office of Environmental Criteria and Assessment In Research Triangle Park, N.C., told BNA Aug. SO 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 1070s 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 j'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. Oil Industry Divided on Timing Oil refining industry representatives appearing before the panel generally agreed that a lead phasedown b 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 avenge gasoline lead content of 9.19 gpg because conversion of production facilities needed to make more unleaded gas would not he completed. Instituting the 0.10 limit in 1986 could result In shortages of unleaded gasoline, increased oil imports, end significant increases in gasoline prices, he said. Levine suggested a slower phasedown schedule in which the cap oo lead in gasoline would be decreased to 0.70 gpg in -7-e4 71S mld-1985 and dropped another 0.20 gpg each yesr until 0.10 gpg b reached in 1068. Representatives of Phillips, Amoco, Chevron, Exxon, Dia mond Shamrock, Wickland, TCR, and Union oil companies speed 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. Support for EPA Proposal Other representatives of predominantly small or inde pendent eO companies, including Thad Mosely of Charter International Oil Co., told the panel that most refineries could easily meet the Jen. 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 feet." EPA had warned the oil industry in 1072 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 Mosety*s statements on this issue. Environmentalists Endorse Quick Phasedown Ellen Silbergeid 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, 1086, 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. 1,1085. 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 co the sale of leaded gasoline may be required to prevent fuel switching, an illegal practice in which owners use leaded gasoline to engines designed for unleaded fuel, he said. Kirk Johnson of the Center for Science to the Public Interest recommended that EPA institute a phased-in com pliance to meet a lead limit of 0.10 gpg by Jan. 1, 1986. This would prevent refiners from bolding 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 to the vehicles they use or produce often cannot tolerate unleaded gas without being damaged. They urged a delay to the leadphasedown program and the continued production of some leaded gasoline to run these special engines. j n/orc0m*nt TOP EPA PMORITCS MCLUDE ENFORCING ASBESTOS STANDARDS AT DEMOLITION SITES Monitoring releases of asbestos at building demolition sites end enforcing asbestos air emissions standards will be a top priority for the air management staff to the Environ mental Protection Agency's regional offices to fiscal 1985, John Ramie, chief of compliance monitoring for the agen cy's Stationary Source Compliance Division, told BNA Aug 11. C 000466 LAM022375 ENVIRONMENT REPORTED For the first time, the regional offices will have to report to EPA headquarters information on asbestos demolition and renovation activities and data on violations of EPA's asbestos regulations, according to a July 12 memorandum to* regional air management directors from Edward E. Reich, director of the agency's Stationary Source Compliance Division EPA issued national emission standards for hazardous air / pollutants for asbestos in April (Current Developments, J April >0. c. 2251). ' ' RasnmUff Ifalordng emissions standards on stationary sources of lead will also be a high priority for EPA during fiscal IMS due to evidence that exposure to the substance causes 01-health effects at levels much lower than the medical community originally believed (June 1, p. 141). Another major EPA goal for enforcing Clean Air Act regulations governing stationary sources of air pollution daring fiscal 1989 will be to faring into compliance an expanded list of so-called "significant violators," according to the memorandum. It said the definition of significant violators has been expanded for fiscal IMS to include stationary sources in dan AX, which is composed of the next to largest emitters. Clan A1 sources, the largest emitters, remain oo the list, the memorandum said. To ensure that the enforcement goals are met, the memo randum instructed agency regional offices to conduct com pliance inspections during fiscal IMS at IS percent of nil major stationary sources of conventional air pollutants -- such ns sulfur dioxide, carbon monoxide, sod particulate matter -- and to conduct compliance inspections at 97 per cent ef all sources of hazardous air pollutants regulated ander Section 112 of the Air Act Ctof MTERIOR UNDERTAKES SUPPLEMENTAL EIS, SAYS ri MAY DELAY PROGRAM UNTIL MID-IMS A supplemental environmental impact statement which may delay institution of the Interior Department's coal program antil mid-1995 will be done to determine the effects of ecooomk and technological changes in the coal Industry and revisions to the tearing program, the agency announced Aug. 90. Interior Secretary William P. Clark said in a department statement that a supplemental EIS on coal management is needed to update the lari 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. 91 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 Rocommandabout Reed noted that the coal leasing program is being modi fied to comply with recommendations of the Commisrion on Fair Market Value Policy and the Office of Technology Assessment, which evaluated the agency's coal program in response to congressional requests earlier this year and in 1999 (Current Developments, June 90. p 499, March 23, p. 9094). Reed said the secretary afreed to almost all of the recommendations made, suspending all competitive coal leasing in 1984 to pot them into effect. As a result, Reed continued, there will be significant changes in the coal leasing program, which are likely to result in new environmental affects. For example, leases may be offered more frequently but in smaller parcels in the future, which could change the effect of the program oo small communities, be said. Emergency coal leasing will continue while the supplement is being prepared, according to Interior, which said a draft version probably will be available for public comment by Jan. 1.1919. Interior said Sept. 4 that it is accepting written comments until Oct. 4 oo the agency's plan to prepare a supplemental EIS oo its coal leasing program (49 FR 94976). Comments should be addressed to Director (690), Bureau of Land Management, lltb and C Streets, N.W., Washington, D.C. 90240; further information can be obtained from Tom Walk er, telephone (902) 949-4696. Otwral PoMey HOUSE PANEL SEEKS WHITE HOUSE DATA ON CONTACTS WITH FORMER EPA OFFICIALS A House subcommittee charged the White House with withholding information oo contacts between Presidential aides and former officials of the Environmental Protection Agency who were involved in last year's controversy over the |1.6 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 preventing the Department of Justice from providing the Subcommittee an Oversight and Investigations with docu ments which directly relate to personal communications between White House officials and EPA officials, including Rita M. Lavelfe" 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 Lavelfe "were far more erten rive 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 tain EPA superfmd enforcement documents directly pre ceded Congress' investigation of the entire superfund pro gram. Burford was voted in contempt of Congress for withholding the enforcement documents, but Reagan finally released them (March 11, p 2027; March 18, p. 2079). 0-7-44 Copyright 0 1904 by Tin Butmu ot Nitonl 0013-0211/14/SO-SO Inc.. WMhmgwt D.C (j LAM022376 1?1:4M) fLDER'.. REGULATIONS (b) An muti or operator m> eh'd to Comply with the requirements of 161743-1 and 161743-2 (c) An owner or operator may apply to the Administrator for a determination of an alternative means of emission limitation that achieve* a reduction in emissions of benzene at I<m' cquitalcnt to the reduction in emitn'V.v of benzene' arelieved by the controls -.jqnited in this subpart. In doing so. the owner or operaloi shall comply wvihnvjuirerren'r of 161744 I6t.116-61.11S (Reserved . Sabpart M--National Emission Suadard for Asbestos [Subpart M added by 49 FR 13661, April 5.1M] Authority; Secs 112 and 301(a) of the Clean Air Act. as amended (42 US.C 7412, 7601|s)). and additional authority as noted below. -f 61.140 AppOcabINty. The provisions of this subpart ere applicable to those sources specified in <161.142 through 61.153 fSI.141 Definition*. All terms thst are used in this subpart and are not defined below are given the same meaning as in the Act and in Subparl A of this part. Active waste disposal site means any disposal site other than an inactive site. Adequately welted means sufficiently mixed or coated with water or Bn aqueous solution to prevent dust emissions. Asbestos means the asbestiform varieties of serpentinite (chrysotile). riebecVite (crocidolite). cumrr.inglonitegrunerile. anlhophyllit*. and ectsnoliietremolite. Asbestos-containing woste materials means any waste that contains commercial asbestos and is generated by a source subject to the provisions of this subparl. 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 watte and asbestos watte from control devices Asbestos material means asbestos or any material containing asbestos. Asbestos mill meant any facility engaged in converting, or in any intermediate step in converting, eabestos ore into commercial asbestos Outside storage of aabestot material is not considered a part of the asbestos mill. Asbestos tailings meant any aolid watte that contains asbeatos and is a product of asbestos mining or milling operations. Asbestos woste from control devices means any waste materia! that contains asbestos and is collected by a pollution control device. (Corrected by 49 FR 25453. June 21. 1984] Commercial asbestos means any asbestos that is extracted bom asbestos ore. Demolition meant the wrecking or Ukiiig out of any load-aupporting structural member of a facility together with any related handling operations. Emergency renovation operation means a renovation operation that was not planned but results bom a tudden. unexpected event. This term includes operations necessitated by nonroutine failures of equipment. [Corrected by 49 FR 25453. June 21, 1964] Fabricating means any processing of a manufactured product that contains commercial asbeatos, with the exception of processing at temporary Bites 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 meant any pipe, duct, boiler, tank, reactor, turbine, or furnace at or in a facility; or any structural member of a facility Friable asbestos material means any material containing more than 1 percent asbestos by weight that hand pressure can crumble, pulverize, or reduce to powder when dry. Inactive waste disposal site means any disposal site 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 meant the combining of commercial aabestot--or. in the case of woven friction products, the combining of textile* containing commercial asbeatos--with any other material(a). Including commercial asbestos, and the processing of this combination into o product. Outside oir meant the air outside buildings and structurea. Porticulote asbestos material means finely divided particles of asbeatos material. Plannedrenovation operations means a renovation operation, or a number of uch 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 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-aupporting structural member* are wrecked or taken out are excluded. Roodways meant surfaces on which motor vehicles travel This term includes highways, roads, street*, parking areas, and driveways. Strip meant to take off (rial asbestos materials from any part 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, 1954] Visible emissions means any err..<$s;uni containing particulate asbtstos material that ere visually detectable without the aid of instruments. This does not include condensed uncombincd water vapor, f 41.142 Standard for asbestos milts. Each owner or operator of an asbestos mill shall either discharge no visible emissions to the outside air from that asbestos mill or use the methods specified by i 61.154 to clean emissions containing particulate asbeatos material before they escape to. or ere vented to. the outside air. Environment Reporter (Sac. 61.142) c 0004&8 LAM022377 HAZARDOUS EMISSIONS 121:CMF: 1 111.10 Btandaro ter roadways. No person may surface a roadway with asbestos tailings or asbestos-con* taining waste material on that road way. unless it is a temporary roadway on an area of asbestos ore deposits (61.143 corrected by 49 FR 2S453. (une 21.1684] 161.144 Standard tor manufacturing. |a) Applicability:This section allies to the following manufacturing operations using commercial asbestos. (1) The manufacture of doth. 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 products. (5) The manufacture of paper, millboard, and felt (6) The manufacture of floor tile. (7) The manufacture of paints, coatings, caulks, adhesives, and sealants. (8) The manufacture of plastic* and rubber material*. (9) The manufacture of chlorine. f10) The manufacture of ehoigun shell wads. (11) The manufacture of atphalt concrete. (b) Standard Each owner or operator of any of tbe manufacturing operations to which this section applies shall either (1) Discharge no viaible emissions to the outside air from these operations or from any building or structure in which they are conducted; or (2) Use ti e method* specified by | 61.134 to clean emissions from these operations containing particulate asbestos material before they escape to. or are vented to. the outside air. {St.145 Standard ter demolition and renovation: ApptlcabOtty. The requirements of f I 61.146 and 61.147 apply to each owner or operator of a demolition or renovation operation as follows: fa) If the amount of friable asbestoa materials in a facility being demolished is at least 60 linear tneter* (260 linear feet) on pipes or at least IS squat e meters (1G0 square feet) on other facility components, a!) the requirements of || 61.146 and 61.147 apply, except as provided in paragraph (c) of this section ' |b) if the amoqnt of friable asbestos material* bt a facility being demolished is leas than 10 linear meter* (260 linear (set) on pipes and lea* than 15 square meter* (160 aquare feet) on other facility componenta, only the notification requirements of paragraphs (a), (b). and (c) in. (2). (3). (4). and (5) of 161.146 apply. (61.145(b) corrected by '46 FR 25453. )tme 21.1964] (c) If the facility it balng demolished under an order of a State or local governmental agency, issued because the facility ia structurally unsound and in danger of imminent collapse, only tk? requirements in 161.146 and in paragraph! (d). (e), (1). end (g) of 161.147 apply. (d) If at least 60 linear meters (200 linear feet) of friable asbestos materials cn pipes or at least 15 square meters (160 square feet) of friable asbestos materials on other facility components ore stripped or removed it a facility being renovated, all die requirements of || 61.146 and 61.147 epply. (1) To determine whether paragraph (d) of thia section applies to planned renovation operattona involving individual nonichedulcd operations, predict the additive amount of friable asbestos materials to be removed or stripped over the maximum period of time a prediction can be made, not to exceed 1 year. (2) To determine whether paragraph (d) of thia section applies to emergency renovation operations, estimate the amount of friable asbestos materials to be removed or stripped as a result of the sudden, unexpected event the I necessitated the renovation. (e) Owner* or operator* of demolition and renovatior operations are exempt from the requiiements of If 61.05(a). 6107. and 61.09. | *1.144 Standard lor demolition and renovation: Notifieslion requirements. Each owner or operator to which this section applies shall: (a) Provide the Administrator with written notice of intention to demolish or renovate. (b) Postmark or deliver the notice as follows: (1) At least 10 days before demolition begins if the operation is described in | 61.145(a): (2) At least 20 days before demolition begins If the operation is described in I Cl 145(b). (3) As early as possible befote demolition begins if Ike operation is described tat 161.145(c): (4) As early et possible before renovation begins. (i) Include the following infaimation in the notice: (1) Name and address of owner or operator. (2) Description of the facility being demolished or renovated, including ike sire, age. end prior use of the facility (3) Estimate of the approximate amount of friable aabestoa material present in the facility in terms of linear feet of pipe, and surface area on other facility components. For facilities de scribed in 61145(b). explain tech niques of estimation. (61.146(c)(3) corrected by 49 FR 25453. (une 21.1984] (4) Location of the facility being demolished or renovated. (5) Scheduled etarting and completion dales 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 requirements of this Subpat L (6) Name and location of the waste disposal site where the friable asbestos waste material will be deposited. (fl) For facilities described in 161.146(c). the name, title, and authority of the State or local governmental representative who has ordered the demolition. (Approved by the Office or Management snd Budget under control Dumber 2000-02M1 f 61.147 Standard tor demolition and renovation: Procedures for aabestoa mission control. Each owner or operator lo whom this section applies shall comply with the following procedures to prevent emissions of particular esbestos material to the outside au la) Remove friable asbestos materials from a facility being demolished or renovated before any wrecking or dismantling that would break up the materials or preclude access to the materials for subsequent removal. However, friable asbestos materials need not be removed before demolition tf: (1) They are on a facility component that it encased in concrete or other similar material: and 7-13-64 . Pubhsnad by THE BUREAU Of NATIONAL AFFAIRS. INC.. Washington. D C *0037 fSac. 61.147(a)(1)] c 00049 ( LAM022378 171:0490? FEDERAL REGULATIONS (?) These materials are adequately wetted whenever exposed during demolition. (b| When a facility component cov ered or coated with friable asbestos materials is being taken out of the fa cility as units or in sections: (1) Adequately wet any friable asbes tos materials exposed during cutting or disjointing operations: and (2) Carefully lower the units or sec 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. (t) Asks the Administrator to determine whether wetting to coniply with this paragraph would unavoidably damage equipment, and, before beginning to strip, supplies die 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 4* particulate asbestos material produced by the stripping and removal of the friable asbestos materials. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in 161.154. (d) After a facility component has been taken out of the facility as units or in sections, either. (1) Adequately wet friable asbestos materials during stripping: or (2) Use a local exhaust ventilation and collection system designed and operated 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. (e) For friable asbestos materials that have been removed or stripped: (1) Adequately wet the materials to ensure that they remain wet until they are collected for disposal in accordance with 161.152: 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 diutea or containers if they nave been removed or tripped 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 161.145(c). adequately wet the portion of the facility that contains friable asbestos materials during the wrecking operation. (c) The requirements of paiagraphs (a} and (b) of this section do not apply to the spray-on application of materials where the asbestos fibers in the materials are encapsulated with a bituminous or resinous binder during praying end 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. end 614)9. (Approved by the Office ot Management and Budget under control number 1000-0264) I 161.146 Standard lor fabricating. (a) 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 material* on motor vehicles. (3) The fabrication of cement or f il.ttt Standard lor apraylng. The owner or operator of an operation in which asbestos-containing materials silicate board for ventilation hoods: ovens; electrical panels: laboratory furniture, bulkheads, partitions, and ceilings for marine construction: and are (pray applied shall comply with the flow control devices for the molten following requirements: metal industry. (a) Use materials that contain 1 (b) Standard. Each owner nr operator percent asbestos or lets on a dry weight of any of the fabricating operations to basis for spray-on application on which this section applies shall either. 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 e dry weight basis (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 on equipment and machinery, except as (2) Use the methods specified by provided in paragraph (c) of this section: | 61.154 to clean emissions containing (1) Notify the Administrator at least particulate asbestos material before 20 days before beginning the spraying they escape to. or are vented to. the operation. Include the following outside air. information in the notice: (1) Name and address of owner or operator. (61.150 Standard tor Insulating materials. fii) Location of spraying operation. Afier the effective date of this jiii] Procedures to be followed to meet regulation, no owner or operator of a the requirements of this paragraph. facility may install or reinstall on a (2) Discharge no visible emissions to facility component any insulating the outside air from the spray-on application of the asbestos-containing materials that contain commercial asbestos if the materials are either material or use the methods specified by molded and friable or wet-epplied and 161.154 to clean emissions containing friable after drying. The provisions of particulate asbestos material before they escape to. or are vented to, the this paragraph do not apply to sprayapplied insulating materials regulated outside air. under 161.146. t Einnronmant Aaponar C 000470 [S*c. 61.150] LAM022379 46 * *i HAZARDOUS tMfSSONS wim.j 1.111 MMdirt tor watte disposal tor - Each owner or operator ol any aourcr covered under (be provision* of 161.142 kail: - (a) Deposit *9 ssbeto*-conlainin| waste material si waste disposal sites operated in accordance with (be provisions of I *1.156, and 41.162 Standard tor waste dtopeaet tor menutoeturtng dsmaddan, aaoowdon, spraying, and tsMcadng aparodens. Each owner or operator of any source covered under the provision* of 061.147 and Sl.140 shall: 1*1.152 corrected by 49 FR 254S3, June 21. IM4) fa) Deposit all asbestos-containing methods specified by 161.164 to dear, emissions containing particulate tabestoe materiel before they escape to. or ere vented to, foe outside ab. (9) Use an alternative disposal method that has received prior approval by foe Administrator. fb) Discharge no visible emissions to (be outside air bom the transfer of ssbestos waste bom control devices to foe taffiag* conveyor, or ose dm method* specified by 191.154 to dean emitsions containing particulate asbestos material before they escape'to. or are vented to, the outside sir. Dispose of the asbestos waste bom control waste material at waste disposal sites operated in accordance with the provi sions of |61.156: end (b) Discharge no visible emissions to the outside air during (he collection, processing (including incineration), packaging, transporting, or deposition of any asbestos-containing waste mate rial generated by the source, or use devices in accordance with 161.152(b) one of foe disposal methods specified or paragraph (c) of this section; and in paragraphs (b)(lj. (2J. or (3) of this section, at follows: (c) Discharge no visible omissions to the outside sir daring the collection, processing, packaging, transporting, or deposition of any asbestos-containing waste material or ass one of the disposal methods specified fas pangraphs (c) (1) or (2) of this section, as follows: (1) Use a watting agent at follows: (1) Treat asbestos-containing waste material with water. (i) Mix asbestos waste from control devices with water to form a slurry; adequately wet other asbestos-contain ing waste material: and fit)Discharge no visible emissions to foe ootsida atr from collection, mixing, and wotting operations, or ose foe methods specified by 161.154 to dean (Q Adequately mix sll asbestosjMrtning waste material with a wetting agent recommended by the manufacturer of the agent to effectively wst dost and tailings, before depositing the material at a waste disposal site. Use foe agent as recommended for foe particular dust by foe manufacturer of foe agent. (if] Discharge no visible emissions to foe outside sir bom foe wetting operation or use the methods specified amissions containing particulate asbestos material before they escape to. or are vented to. foe outside air; and (iii) After wetting, sea) ail asbestoscontaining waste material in leak-tight containers while wet: and (iv) Label foe containers specified in paragraph (b)(lH>>>) as follows: CAUTION Cantatas AsbeslosAvotd Opening or Breaking Container by f 61.154 to clean emissions Breathing Asbestos is HAZARDOUS containing particulate ssbestos material lo Your Health before they escape to. or are vented to. Alternatively, use warning labels the outside sir. 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 -8.5*C |I5*F) Administration (OSHA] under 29 CFR Determine foe ambient air temperature 1910.1001(g)(2)(ii). Lin Standard tor InoeUvo waste Each owner or operator of any inactive waste disposal site that was operated by sources covered under | 61.142,61144. or 61.149 end received deposits of aibestoa-containing waste material generated by the sources, shall (a) Comply with one of the following: (1) Either discharge no visible emissions to the outside air from an inactive waste disposal site subject to this paragraph; or (2) Cover foa asbestos-containing waste material with at least 15 centimeter* (6 Indies] ofcompacted onasboftoe-contatotafmaterial and grow and maintain a cover of vegetation oo foe ana adequate lo prevent exposure of foe asbestos-containing waste material: or (9) Cover the asbestos-containing svaste material with at least W centimeters (2 feet) of compacted nonasbeslot-containing material, and maintain It to prevent exposure of foe asbestos-containing watte: or (4) For inactive waste disposal sites for asbestos tailings, apply a resinous or petroleum-baaed dual suppression agent that effectively binds dust and control* wind erosion. Use the agent at recommended for foe particular asbestos tailings by the manufacturer of foe dust suppression agent. Obtain prior approval of the Administrator to use Other equally effective dual suppression agents. For purposes of this perag-aph. waste crankcase oil is not considered * dust suppression agent. by an appropriate measurement meth (61.1S2(bX1Xiv) corrected by 49 FR od with an accuracy of 1*C ( 2*FJ. 25453. |une 21.1984] and record it at least hourly while the wetting operation is suspended. Keep the records for at least 2 yean in a form suitable for inspection. (2) Process asbestos-containing waste materia) into nonfriable forms: (i) Form all asbestos-containing waste material into nonfriable pellets or other shapes: end (2) Use an alternative disposal meth (U) Discharge no visible emissions lo od that has received prior approval by foe outside air from collection and the Administrator. processing operations, or ose foe (b) Unless a natural barrier adequately deters access by the general public. Inatall end maintain warning signs and fencing aa follows, or comply with paragraph (a)(2J or (a)(3) of this section. (1) Display warning signs at all entrances and at intervals of 100 m (330 feet) or less along foe property line of foe aits or along the perimeter of foe sections of foe site where ashestot- 7-is-as fSae. (1.153(6X1)] PuMsteO br the BUREAU of NATIONAL AFFAIRS. INC.. Wtshinglon. D C 20037 C 000471 LAM022380 121:0480 4 FEDERAL REGULATIONS containing watte material waa deposited. The warning signs mutt: ft) Be potted in such a manner and location that a person can easily read the legend: and (U) Conform to the requirements for 11 cmx36 cm (20~X1<~) upright format signs specified in 29 CFR I910.145(d)|4) and this paragraph; and (Hi) Display the following legend in the lower panel with letter sizes and atyiet of a visibility at least equal to those specified in this paragraph. Ufd t Maniiin i Mm warn 3--an Sm . SS a* p *0* In Smt. | Qemckr Stock 0> Nat Omm that______; Unit toil Sm Sait. Oetoc Stock lwa| amm a no- m pm Gene Mu to *w Hum | Spacing between any two lines must be at least equal to the height of the upper of the two hoes. (2) Fence the perimeter of the site 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) The owner or operator may use an alternative control method that has received prior approval of the Administrator rather than comply with the requirements of paragraph (a) or (b) of this section. f (1.154 AJr-deantng. (a) The owner or operator who electa to uae eir-deaning. at permitted by if 81.142. 81.144. 81.147(c)(2), 61.147(d)(2). 61.148(b)(2). 81.149(b). 61.151(b). 61 151(cKl)(iih 61.152(bKl)(ii). and 61152(b)(2)(ii) shall (61154(a) corrected by 49 FR 25453. june 21. 1984] (1) Use fabric filter collection de vices. except as noted in paragraph (b) of this section, doing all of the following: (i) Operating the fabric filter collec tion devices at a pressure drop of no more than .995 kilopascal (4 inches wa ter gage), as measured across the filter fabric: and (61154(a)|l)(i| corrected bv 49 FR 25453. June 21. 1984] (ii) Ensuring that the airflow permeability, as determined by ASTM Method D7J7-75. does not exceed 9 m/ min/m* (90 ft*/rain/ft*) lor woven fabrics or 11,/min/m*(35 ft*/min/ft*) for felted fabrics, except that 12 m*/ min/m* (40 fi'min/ft*) for woven and 14 m'/min/m* (45 ft 'mln/ft*) for felted fabrics Is allowed for filtering air from asbestos ore dryers; and (iii) Ensuring feat felted fabric weighs at least 475 grams per square meter (14 ounces per square yard) and is at least IjB millimeters (one-sixteenth inch) thick throughout and (iv) Avoiding fee use of synthetic fabrics that contain fill yam other than feat which is spun. (2) Properly install use. operate, and maintain ah air-deaning equipment authorized by this section. Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shutdown fee operation generating fee particulate asbestos material (b) There are fee following exceptions to paragraph (a)(1): (1) If fee use of fabric creates a fire or explosion hazard, fee Administrator may authorize as a substitute fee use of wet collectors designed to operate wife a unit contacting energy of at least 9.95 kilopascals (40 inches water gage pressure). (2) The Administrator may authorise the use of filtering equipment other than that described in paragraphs (a)(1) and (b)(1) of this section if the owner or operator demonstrates to the Administrator's satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material. Itt.tSS Reporting. (a) Within 90 days after the effective date of this subparL each owner or operator of any existing source to which this subpart applies shall provide the following information to the Administrator, except that any owner or operator who provided this information prior to April 5.1984 in order to comply with | 61.24 (which this section replaces) ia not required to resubmit it (1) A description of fee emission control equipment used for each process; end (2) If a fabric filter device is used to control emissions, fee pressure drop across fee fabric filter in inches water gage; and (i) If the fabric device usrs a woven fabric, the airflow permeability in mJ/ min/m* and if fee fabric la synthetic, whether the fill yam ia spun or not spun; and (it) If the fabric filter device uses a felted fabric, fee density in g/m*. fee minimum thickness in inches, and the airflow permeability in m'/min/m*. (3) For sources subject lo II61-151 and 61.152: (i) A brief description of each process feet generates asbestos-containing watte materia); and (ii) The average weight of asbestoscontaining waste material disposed of. measured in kg/day, and (iii) The emission control methods used in ell stages of water disposal and (iv) The type of disposal cite or incineration site used for ultimate disposal fee name ot the site operator, ana fee name and location of fee disposal site. (4) For sources subjdbt to 161.155: (ij A brief description of fee aite: and (ii) The method or methods used to comply wife fee standard, or alternative procedures to be used. (b) The information required by paragraph (a) of this section must accompany fee information required by 161.10. The information described in this section must be reported using fee format of Appendix A of this pert. (Sec. 114. Clean Air Act aa amended (42 U.&C. 7414)). (Approved by thii Office of Management and Budget under control number 2000-0264) 161.158 Actbri waste dteposal aitaa. To be an acceptable site for disposal of asbestos-containing waste material under II 61.151 and 61.152. an active waste disposal site must meet the requirements of this section. (a) Either there must be no visible emissions to the outside eir from any active waste disposal site where asbestos-containing waste material has been deposited, or the requirements of paragraph (c) or (d) of thii section must be met. (b) Unless e natural barrier adequately deters access by the general public, either warning signs and fencing must be installed and maintained as follows, or fee requirements of paragraph (c)(1) of this section must be meL (1) Warning signs must be displayed t all entrances and at Intervals of 100 m (830 ft) or leu along fee property line of fee site or along the perimeter of the LAM022381 Emwonwni Reporter (Sue. 61.156(b)(1)] c 000472 41 HAZARDOUS EMISSIONS IZfrtW*: 5 OtcttoaaafteesHc where asbestosuotateteg waste material to deposited. The warning eigne moat (t)Bs posted m such a manner and teckttea Bet person ean Mtttyread WCwl--hftewqdwaali of SI cm X aan(vr x 34")upright format fens *ecBed h CFR lU.l5(dX] ndUnumBkuid (Hi] Display the following legend in Ore lower pend with teller eiset end styles of e visibility at least equal to timet specified In Ibis paragraph. gd) Rather than meet the no visible omission requirement of paragraph (a) of this section, an active watte disposal site would be un acceptable site If an ottemstive control method for emissions Ibat has received prior approval by the Administrator Is used (Sacs. Ill and 101(a) at the Clean Air Art as amended (4! U&C-M12. ram(a)) Subpart V--National Emission Standard tor Equipment Leaks (Fugitive Emission Sources) (Subpart V added by 49 FR 23512. June 6.1914) MW NMMW 4 St.240 AppfteaWWy sod designation o' U w O NN Sara Sh. sources OteMOR&MtofiMI________ VS IN awi) Sara Sari. litecviWi MMOtOic Spacing between any two line* n-.ust be at kail equal to die height of the upper af the two lines. |2) The perimeter of foe disposal site wet he fenced In a maimer adequate o deter aoceae by the general public. (2) Upon requeet and supply of appropriate Information, the Administrator will determine whether a tenor or a natural barrier adequately deters access by the general public. (Cj kainer than meet die no visible requirement of paragraph (a) of this section. an active waste disposal site would be an acceptable site if at the end of each operating day. or at least once every Z^hour period while the site Is in continuous operation, the asbestoscontaining waste material which was deposited at tee site during the operating day or previous 24-hour period Is covered with either. |1) At least IS centimeter* (6 inches) of compacted nonasbestos-containing material, or ' (2) A resinous or petroleum-based dust suppression agent thet effectively binds dust and controls wind erosion. This agent must be used a* recommended for the particular dust by the manufacturer of the dust suppression agent. Other equally effective dust suppression agents may be used upon prior approval by the Administrator. For purposes of this paragraph, waste crankcase oil is not considered s dust suppression agent. |l! `Ihr provision* uf Ibis tn wh nf the tnVtm -nc sr."i rv rb.c :irr inter*ih'H tn cp'f it-* *:l v *v**tiV h-i.-jr.l-ms air p<i!l-J*ii-|Y1 lAFi s"rv ire P*.*rps. romprriser*. p*-i*;r r relief in*, i. ps sampling romr P.iT: y*' **tt ijs-n-i*"iii'i! t .lives iv !:.' \ .tlv ps flange* and u'.hej cnxirctur?. prvxluri aixurr'lator vessels, and control devices or sys'ems required by thisubpart. |b) The provisions of this subpari apply to the sources listed in pauci :S |a) after the date of prom ligation o' pe'-ific subpart in Part 6!. (c) While the provisions of thi* subpart are effective, a source to whivr tb s sjbpart applies that is also f jHjer: In lit-* |iri>\ isi.iitii at 40 CFR P.Mt *. in*' will be required to comply with the provisions of this suhpsri 141.241 OermHions As used in this subpart, all term- r.v. defined herein shall have the given them in the Act. in Subpart A o! Part 61. or in specific subparts of Pr.M a; and thr following terms shall hav e sppeifir meaning given them: "CInsed-vcnt system" means a sy.ii'that is not open to atmosphere and ?*..' is composed of prping connections a *' if necessary F ir.d'jrine devices th.** transport ges c \ rrpor from a piece opieces of eq-jipTinni to a control de\ i. = "Cor.nertot" m~.vn*. flaneed screw welded, or o*.h'-r joined Filings used t.i connect two pipe lines or a pipe line. .;>-: a piece of equipment. "Control de\ ice" means an enclo-c.: combustion device, vapor recovery system or Rare. 'Double block and bleed system' means two block valves connected r series with a bleed valve or line th** -*- vent the line between the two blrxl valves. "Equipment" means each i compressor, pressure relief device, sampling connection system, open endud valve or line, valve, flange o- othiir connector product acrcrrulato: vessel in VHAP service, and ar.v nr.**.-' devices or systems required by thi- subpart "Fu*i atti-mpt at repair" moans :> take rapid anion for tee purpose ot stopping oi reducing leakage of mg-*r* material to a'rrjjsphere using best practices "In gns.'vapor service" means thv pie;a* of equipment contains pm.i i> Ruid ili.it is in the gaseous stale a: nper iling conditions "In liq-jid service" means th.il s pie >* equipment :* not in g.is/v ap<x serv - "iatru sampling systems" ommc- nnc.cxtracpve sampler* or ir, line * implers "In vacuum serv ii e" mean* th e. equipment is ojier.tlinf a* an intu **..: ptiiscjrv whit h is at 'eas' S hil.ip..* aitkPa) lielou amhicpt press air. **l;i VI l.\P f*p. nr" means that . >>! equipment ith.'j ront.tin* or mv *- n lia'-d (liqrW o: gat) thnl is at irast 10 l*i*.*ir.t by weight a volatile bazurdm.* * i-'.-llutunt (VI LAP) as determined ;>u urding to the provisions ul 5 M-2JS|d). The provisions of t Ol-SISiil) ;.!m; specify he>v to detenninr thr.t a piet - nf equipment is not in VUAP s-rv ice. In VOC serv icc"0nesns. foi the purposes of this subpart that (a) for tiiere of equipment contains or contort* r process fluid thU is at least 10 pmeni Vf K. I>\ weight |S|V.|I1 Ct K m.2 lor till ili 'Iiniticir. of volatile organic compound -i UKiaiai-tOt t Ktonr.H -lll.. i- !' il.iiir wiii-ilirr a pin c nl n|::i|>nH-i i - riot in V(Xi M-rvin laiiii (I'i tin- pin i->' n| 'ipilHIlt i- not ill Ii*|-sill sr: i n i m- !<-!:urtl III -tt> U K (.0 -ii. I "Open-ended valve or lim " nu-au* y valve, except pressure relief v.i'virs laving one side of the valve scat ir. i.'-.Tlur.t with process Reid and one sidi i-pv-a to atmosphere, either directly a* ' -ough open piping "i`.*t ssurr release" mean.- tl i-mission of rr.cterials resulting from thr system pressure being gieeter than thc 7-1S-S4 Pubtohwl by THE BUREAU OF NATIONAL AFFAIRS INC.. Wakhingtan. D C 10037 (Ssc. 41.241) 49 c 000473 LAM022382