Document ZBqJGpD229nmqJBGzORKLe5Vp

PLAINTIFF'S EXHIBIT CON-21 Federal Regiatec / VoL 54. No. 8 / Tuesday. January la 1000 / Proposed Roles .^VTftOMUCNTAL PROTECTION Aaoter 40 CFK Part* Of and 7*3 " iao-fw--OPTO-saaa^I ' Aahaatoa NESHAP Revision, lochxftng Disposal of Asbestos Containing Uataiial* Removed From Schools aocNcr; Environmental Protection Agency (EPAJ. acrtOM: Notice of propoeed rule revieion end opportunity for public hearing. autteuar. These proposed emendmenii to the aebettoe Netianel Emission Slenderd for Hazardous Air Pollutents (NESHAP) require control device end fugitive emission monitoring, recordkeeping, and reporting for sbeslos milling, manufacturing, and fabricating operations. For planned demolitions end renovations, the notification requirements are revised, and safety is added a* a reason for exemption from the use of wet removal methods. Recordkeeping is required for asbestos waste disposal Clarifying revisions are mad* to several definitions sod provisions. The existing standard and the proposed amendments implement section 112 of the Clean Air Act (CAA) end are based on the Administrator'* determination that asbestos presents a significant risk to human health as a result of air emission* hstutrna source categories and is therefore a hazardous airpotateat (sea M FRS93t (March 31..29njt Tha stairtsni proposed today amende the asbestos NESHAP to enhance snfoteaaMBl and promote compliance with tha currant siandard wttboat altering tbs irtn|eta.y of existing controls. These reguiagena afao would implement, in past. mcOm 093(h) of A* Asbestos Hazard margascy-Response Act (AHERAI to (ha sactent they apply la disposal of esbeataerosrosnf beat school building*. A public bearing will be held, if requettad. to provide interested persons with en opportunity for oral presentation of data or views concerning the proposed amendments, oarer Commenta Commsnts must be received on or before March 7.1900. Public Hearing. If anyone contacts EPA requesting to speak at a public hearing by January 31. I960, e public hearing will be held an February a. 1909 beginning st 1000 -m. Persona interested in attending the heering should call Ms. Ann. Eleanor at telephons no. 919-541-5578 to verify that a hearing will occur. Aequeet to Speak at Hearing. Persons andtr aection 112 on March n. 1971 ram wishing to present oral testimony mast n mi). contciEPA by January 31.1900. Initial standards controlling milltag. Aooncaaar Comments! Comments manufacturing. demolition, spraying. . should ba submitted (In duplicate tf and roadway sooresc of asbaatoa - possible) to; Central Docket Section emissions ware promulgated oo April ft.- (LE-131). South Conference Cetetmt, MT5 (35 FR 8820). These standards ware Room a. Attention; Docket No. A-894S. broad on tha 1970 conclusion by the U.S. Environmental Protection Agency, Hationai Academy of Science (NAS) tot M Street SW,, Washington. DC that asbestos emissions from major 20400. maannde tourem should be minimized. Public Hearing. If anyone contacts On October 14.1973. tha demolition EPA requestng a public hearing, tha stealdards were revised to place hearing will ba held at the EPA Outcast' additional requirement* on demolitions Administration Auditorium. Research rotated by State or local governments Triangle Park. North Catalina. Parsens betide* notification requirements who want to present oral testimony Mlmedyta effect, end the standard wtt should notify Ms. Ann Eleanor. expanded to cover renovation activities, Standards Dcvslopmant Branch(MD- nro ofasbestos in friable insulation, and 13). U.S. Environmental Protection -srrota disposal (40 FR 48299). Work Agency. Research Triangle ParicNteth penctlcat covering emissions from Carolina 27711. telephonejeo. 919-M1- drotoliUon and renovation were 5578. Persons interested in attenAoglhe tetmeded on June 19,1978 (43 FR 20172). hearing should call Ms. Ana Banner to - . mad warn repromulgated on April 5. ism verify that a hearing will occur. (*Q FR 13855). to reinstate wink practice Docket Docket No. A~85-28. and equipment control* held not to be containing supporting Information used emasion standard* by tha Supreme in developing the proposed standards revisions. Is available far public Inspection end copying between 00 Caart In its decision in Adorno Wrecking Company r. United States. 4H U.S. 273 (1978). The 1977 s.m. and 400 p.nu Monday thraagjh Friday.nl EPA'sOeotrai Docket Sadism South Conference Center. Room , West* Tower Lobby. Callary 1. Waterside Mali. 401M Street SW,, Washington. DC 20480. A reasonable fee may ba ckaiged Hr copying. aroandmenu to tha CAA suthorizt work practice standard* when it is not feasible to prescribe an (mission standard. Such an instance occurs, for example, whan a pollutant cannot ba emitted through a conveyance designed amdeawftroettd to emit or capture such .a petalant or whan a measurement ron nmrvnm mvoteaunow comdvct: methodology is not available. Far Mosroxtee concerning tha policy A genera! review of the current svyeots ofaha proposed standard adbastoe NESHAP was undertaken to tnvialana. osetset Mr. Sima Roy. . tvakatt tha consistency of the existing Standards OeeaJopment Branch, - standard with ament EPA policies For Emission Standard* Division (MD-at MESKAP regulatory development, the US. EnvhomsiMtal Protection Agency,; nenUabillty of improved emission Research TdingkPark. North CanoUna controls, the need to improve 277T1. telephone no. 919-541-520.Far-... . ennqjtiaitee. and tha integration of the fetatmatascancaenlng technical NBHAP with other regulatory aspects, contact Or. Broca Moots.. 'zapalrtmenta. Tha EPA determined that. Industrial Studlaa Branch, tslephaan sto. otilaB complied with, tha asbestos 919-081-5890.at 6 tarn* address. NB9KAP Is sfTectlvn in reducing auppunmersitv nmomaaTKtsc . .. Missions and protecting the public Introduction tarfth. Howavar. EPA tiao concluded tad roroy demolition and renovation Section 112(a)(1) of tha CAA drfhaa : anaaosa ta not comply with thrremoval "hazardous air pollutant" at one that- andwaste disposal provisions of tha tha Administrator judges "causeaer - eamnt standard, and that some contributas to air pollution which aaey adtfrfanal work practices should be- reasonably ba anticipated to rasoR-taasi enquired, Also, there is a need for an increase in mortality or an increasela-'- - - explicit requiramtnl to monitor air serious irreversible, or 1ocapadtaring- potation control devices st milling, reversible illness." Section 112(bJ(l)(A] maaafacturing. and fabricating sources of th* CAA requires tha Adminlantor- - to roaura their proper operation. to publish a list that Includes each hazardous air pollutant for which he Artak-baaed approach was also aaatdarodJe th* review of the current intend* to tetabliah an emission ' eabaTOro MESHAP. However, questions standard under this section. Atbeatee .. a^rodbsghow EPA weighs a range of was listed as a hazardous air poUatent. fcrokh. risk, and other factors in federal Rsgjalar ( Vol. 54. No. tt / Tuesday. '1_| 1988 / Proposed Role* rtructur**. publicly ownad buildings, aebestoe Is found. Furthermore, ustna ^-cq hips, and wait* disposal site*. percent ana will strv# tha tea* n jaa *p during demolition and- - Tha meaning of "Facility component" purpose a* wee Intended initially. La, u~~Tqifli1i after d--lor i clarified by defining II at any part of a whether asbestos Is pnsent or not SSBfidan and separata disposal In a i!:; facility, including equipment The current definition of Triable The cost and availability of method* TOSHap landfill To tba axtant that -for the identification and quantitation of J"*** wU*t*U can ba removedwithout . .1 sbeetot material" contain* a threihold of l percent for the amount of albedo* asbestos vary really depending on the particular method. The TEM. for w wambUng, they do not have ^hewetwd ^ MsUd la ttak-dght that mud be present before friable material i subject to the demolition and renovation proviiiona. The intent of the example, is relatively expensive with cost* ranging from about SSOO to S70Q per sample analysed. PLM cotta, s^wSsaesss.SSiuJT' they ere to ba 1 percent threshold was to distinguish however, average about S23 to SSO par between material that contained asbestos and material that did not sample. Numerous laboratories an capable of performing PLM. while the Noofrteble malarial* that eiuwtJ7,, remain,nonfriable andth^wUfu.- contain asbestoa within the limits of number of tabontorts* with TEM ubjart m th. UawUoiS2S~J- r i'i 7n V-ll detection of the available analytical methods. The current definition also expresses tfaa asbestos threshold a* percent by weight The proposed standard exprasses.tsbeatoa content **' percent by are* to make the regulation consistent with profaned analytical methodology, which gives mult* as percent by arc*, end with current practice; it doet not change the stringency of the standard. The mas* of asbesto* present in * bulk sample cannot be determined directly, in the context of bulk temple analysis, mass is a derived property because it is obtained by counting and airing asbestos particles under a microscope, assuming a geometric ahape for the particles, calralating their volume, and multiplying by an assumed density. Tha matt of nonatbestoe material present in a bulk sample would be obtiinetTby the same procedure. On the other hand, tha area and type of asbestoa present in a bulk sample can be determined directly through . microscopic analysis. Appendix A. Subpart F. 40 CFR Part783. contain* tha approved method of bulk sample analysis far asbestos--polarised light microscopy (PLM) and point counting capabilities far ssbasto* analysis an somewhat more limited. An informal survey by EPA'* Office of Research and Development (ORD) of analyst* performing tsbesto* bulk sample analyse* reveal* that In'practie* they determine and report percent asbestos by ana. not bo weight Thi* is considered to be the norm rather than an exception. The EPA also considered, but. rejected, e nviiion to the definition of "Friable asbesto* material" to include materials that can b* crumbled.. pulverized, or reduced to powder by the mechanical fare** expected to act on tha material The intent of such a change would be to codify an Interpretation elnedymedeby EPA-Th* interpretation elate* that, la effect the demolition and renovation regulations apply to material* that an normally nonfriablt (e.g., aabastoa-cament shsetl which because of fores* acting on tba material during demolition or renovation and subsequent handling, transportation, storage or disposal operations, would result in asbestos mission*. However, at a mult of numerous comments from government ad industry stating that tha existing pewvtatmis.'tnctuda pacMamf Mku. floor til*. asphalt raafiacGthing!t*. roofing fell coethag^nlj sealant*. However, evan thesa noofriabh material* may ba subject regulation under eartain lituationa.-Far'^ exempt*. tba sanding of asbaatoa flbor*-f tilts that can produea asbesto* -* ."Vi smistioni Is eonstdsred.s ienovstlon v i, and subject to the regulation. Severely ' t weathered tepheldc materials may* become brittle end. therefore, be eubfect to the regulation. Because handling even normally smtfrisbla material* can result in asbesto* emixslona under some = - > conditions; eaeS-by-cas* detsrmlnstioni' of friability will sttfi ba required in many Inatancaa. A dtflnlUoo of Tugitiv# soareat" It added to htlp clarify the modifiad ' provision* lor mills, manulacturini and fabricating. A definition of "Glove bag" Is sddsd. because tha us* of glove bags will be permitted In renovations when-wetting . is dstarminadnot to be fsasibls for safety reasons or because of ths potential to damage equipment However. EPA Intends for)lov* bags to be used with wetting inside tha glove and is incorporated by rafaranc* in tha definition of friabla was well definition. In this method, the ana of an established and widely accepted. EPA bags. Tha definition of "Inactive waste M analytical slid* occupied by aabeatoa has derided to retain tha axiating particles and the ana occupied by definition with the exception that ditpoaal iit*" in.revised by deleting reference to vehicular traffic and matrix an both measured directly. Tha Agency it considering incorporation of this method explicitly In the final rula if "broken" is inserted ahead of "crumbled, pulverised, or reduced to powder." This it consistent with EPA'* stipulating that an inactive site la on* at which asbestos-containing waste malarial baa notbeen departed within it would be more convenient to use. Therefor*.EPA is requesting comment* on whjHtyct tha method should be incorporated by reference as it is in thi* current interpretation and application of this definition. Throughout the regulation where the phrato "crumbled, pulverised, or reduced to powder" it tha past ytar. "Installation" la defined as a ballding or poop of building* at a damoHtfou or renovation site. Thi* definition la added proposal or whathcr the method should used, the word "broken" he* been to clarify tha axiating applicability ! *J be stated explicitly in the rule. The relationship between percent added. The standard will be revised where tequlrewentsfot demolition or renovation. For purpose* of determining ' weight and percent ana baa been appropriate to regulate materiel* that tha amount of asbestos to be stripped or tudied by EPA (Draft Mationthip are normally nonfriablt but potentially remoeed. the tasoonts of asbattoe in * Betwetn VisualEstimate* and Wtight can be broken, crumbled, pulverised.,or group of buildings to ba demolished or Ptrctntagt ofACM}. This study reduced to powder a* a result of tba renovatsd art aummed. . - discusses ways to convert percent area regulated operations. Such malarial* "Leek-tight" it defined to help clarify-' measurements to percent weight include, for example. A/C product* and tha intent of tha demolition and equivalents, gentrally concluding that paper ineulatice. That* materials must renovation and waste dlspoual1, ptretnt weight end percent tree are be removed from a facility prior to Ua ruqaltamanteas theypertain to.tha equivalent for most matrices In which demolition because they are Ilkaly to be of Uak-tight container*, wrapping*,' ,.A .1 ^/'Vot. SC' Mbl 9~/ Ti**d*f. Jtnn--y HX'UfiB / Proposed ltd-- V3 __ stratorif.eUbis smialrtbaa--. __ l durtag-thorapart period. 1--(y reposts shall bo postmarked the wth-dayfollewiny the eod of the calendar quart--.' ' ItltiOMlHW.tllaMnd (. Sections *1.346 and 81.17 ta removed. and I *1.145 Is ml--d In raad aa follosra:. _______ ASH 81.448 7 (a) Apjwxajstfsty. the tegefraseante of pararupha (b) and (c) at tUa aactiaa apply to e--h owa-- or epatar of a dsmolltl--1--r--uiatluiectfvtty. Including:tha removal of aebestos- containing materiel -- Mlowe ' (1) Iflha'amo--it of asbsetuocontabdng material fat a faefflty bote* demoBsfaedie'al best 88 linear asetare ' (280 linear feet) on pipes --: at feast 15 square mafan (UOeqean feat) on oth-- ' facBlty cogponanta or a total of at least, one cable ant-- (SS cable fcat} on or offall facility coeneoeota fat a fadtitjr being, demolished, an the taquheluaulmof ' paragraphs (b) and (cj of tkb tactionapply, except aa prattdad ta paragraph (aKS) of this faction. {*) B (a a facility bate* demolished, the aaonnt of aebeatoonontainlBf material la lew than 80 Boa--mates (zoo lloearfeet)' on pipes and leas than 15 square maters tlOO square feet) on other fidlty components and if the total amount ptssout la or off allfacility components fat rCadUly behi*. demolished la lese thna one csblc meter (M cubic feetJ--there le no aebeatoa, only the notification requirements of perspapba.(b}tlM2M3) (l>and(*s|, and () (1) throughfri) end (4) (vfil) and (wr) of this seettoB apply.; (3] If the-CadHtyla beta* demolished tmd-- an tad-- of* State--local government at--r.y, lewad bacanea the Utility la strocterally wwoead and la dsnper of Imminent ladUpee. only the KqnlremenU ofpereppplfa (b)W fbXH JXanuil. (bX4| (except (bXWtt (bK5Kend (e) (4J. (5). (I*. (7J. (8J. ead () of this-ettem apply.;. . (4Jlf at leap nUaaarmetar* (380 ubmc frtt) of nbntoKflottinlilf : matatUle aa pipes -- at least 15 square- ' ****** (180 aqnatb Jeef) efesbeetoe* , ogXirf8 materials on oth-- facility ^nponenta -- (total of at least one cubic meter (35 cubic feet) on or oil ail ; UdHty oonpotMnta an stripped. otharsel-- disturbed {roes a hm rendoefad tftdddlng any gycsVlaat nooaelieifuled renovation tyratloa ail the rsqslrWtents of - t(b) and (c)efthls section - (11 To determine whether paragraph (sK<) of thU section applies to planned renovation operations Involving Individual nonscheduled operations, predict (he additive amount of asbestos* containing materials to be removed -- stripped from one -- more faculties during a calendar year of January 1 through Decamber 31. (II) To datarmiae whathar panpapb ' (a)(4) ofthU sect!00 appllaa to tawtgancy renovation operations, estimate,the amount of asbestoscontaining materials to be iamoved -- (tripped ae * result of the rodden. unexpected event that necessitated the renovation; (5) Forth* purpose of det--mining appBeeMBty, do not tnehid# malarial* that cannot become frisbU.eoch aa packing*. gaskets, asphalt roofing, and vinyl (lo-- til* that are in good ' condition. Owners--operatore of demolition and renovation operations are seeeipl from the requirements of 11 UB(a). 81.07, and 8too. (b) Notification requirements. Each ovm-- -- oparat-- of a demolition -- renovation activity ta which this section appUw sheik (1) Provide the Administrator with written notion of intention ta demolish -- rsnorata. Update notice, aa necessary. InrJarilna whan the aaaonst of aabaataa affected changes. (3) Send the notice by certified mail, return receipt requaetad. or hand deliver the written notice. (3) Postmark -- deliver the notice aa foUowc (I) At laaat 10 woridng day* before aabaataa stripping or removal work -- otheractivities a--h as stte preparation which would disturb aay asbestos matsrial fat a damotttinn orraaovaHon begin. If the operation la daaatbed tn paragraphs (a)(1) and (4) (except (aK4XD ad (aX4XU)V of this wetioo. if the operation la described in paragraph (eHX) ef this section, notification is required 10 working day* before' demeiltioo begins. (II) F-- renovations described la paragraph (e)(4)(l) of this section, tend by certified mall return receipt requested and poatsarkad or hand dallv--notica 10 woridng days before the and of the calendar year preceding the year f-- which notice is being give*. (lit) A* early aa possible before, out not talar than tha fallowing working day after asbefto stripping -- removal work la a renovation begins, if the operation la described ki paragraph (aH4XU) of this section -- ae early te possible before -- by the foDovriag working day if tha operation Is a demolition described In paragraph (a)(3) of this saetlon. (Iv) If asbestos stripping -- removal work In damollUoo -- renovation operations, described la paragraphs (e)(1) and (4) (except (e)(4)(t) and ()(<KH)J of tide section. wUl begin on a data oth-- than tha oaa contained In the notice, written notice of Use new start data mast be anal by osrtiflad rnalL return receipt requested and postmarked at laaat I working day* -- received al laaat 5 working deyu before asbestos stripping -- tarnaval work tat a demolition or ranovattoa begins and postmarked al laaat 8 eraridag days -- race!red at laaat 3 woridng days before the original atari data. Far damoUtioaa covered by paragraph (a)(2) of this section. written notica of tha new start data most be aant by certified mall, retain receipt requaated and postmarked at least 5 working days or received at laaat 3 working day* prior to comataacaanat ofdemolition. tn no merit shall an operation covered by this provisloa begin oa a date oth-- than the data eoeialnsdla the written notice of the new start date. (4) Include the following in the notica; (I) Name, address, and telephone numb-- of own-- and operator. (U) Type of operators: Demoltion -- rtnovaUoft. (IU) Description of the fadHty Including the stxe [equate maters) (equara fret) and numb-- ef floors), egc. and present -- prim use oftha facility. (iv) Procedure employed to detect the preeence of aebeetoa-contalrtieg materials. (v) Estimate of the approxlmete amount of asbestos-contabling material including nonfrisbU asbestos material that win not be broken, crumbled, pulverized, or reduce ta powd-- la the coons of operations regulated by this action, to bo removed from tha facility tn t--m* of length ofpipe la timer malar* (Una--met), surface area In square meters (squat* feetj on other facility components. and volume on both in cubic meters (cubic feet). Provide separate estimates of the amounts of friablt asbestoe-contlinlng malarial; the amoaai of noofrtabt* esbestoeconteinlng material that baa the potential to be broke*, crumbled, pulverized. -- reduced to powder end the amount of mmfriaUa asbestos* containing aiaterial that will not be broken, oumbltd. pshrerizad. -- reduced to powd-- In tha course of operation* regulated by this section. (vt) Location and address of tha facittty being dsmbtiabed -- renovated. (vU) Sdwdokd starting and couqrfrtion dates of asbestos removal wotk tn a dametitton -- renovation: planned renovation operations Involving 5"-n |: < J! It r' Fdwl Kegtotar /. VoL 54. No..8 / Tuesday. January 10. 1088 / Proposed Rules ilvfcfaa! nonschsduled operations /S& only include the beginning arid cndtnf dlH of the report period * described is paragraph (*)(4l(l) oT this section. (vlii) Scheduled etartini and completion datee of demolition or renovation. (Ix) Oeecrtption of planned demolition or renovetion work to be performed and method!*} to be employed including demolition or renovation technique* to be u*ed and deecription of effected facility component*. (x) Description of work practice* and engineering control! to be need to comply with the requirement! of thlt subpart Including sibrstos removal and waeta handling emillion control procedural and the procedure* to prevent nonflnble meteriel from being broken, crumbled. pulverixedL or reduced to powder in comae of operation* reguUtad by thi* (action. (xi) Name end location of the watte diapoaal *ite where the eibetto* containing waste material including nanfriable tibeito* that ha* the potential to be broken, crumbled pulverized, or reduced to powder In the coutae of operation* regulated by this lection will be depotited (xii) A certification that only an owner or operator of a demolition or renovation activity trained aa required by paragraph (c)(3) of this lection will tuperviia in the dripping end removal described by thii notifieslion. (xili) For fsdliUe* deicribtd In paragraph !t}(3) of this taction, the name, title, and authority of the Stata or local fovammant repreaantatlva who hat ordered the demolition, the date that the order wet itaued and tha data on which the demolition wat ordered to begin. fxiv) For emergency renovations deecribed in paragraph (*X4KH) of thlt (action, the dele end hour that the emergency occurred a deecription of the sudden unexpected event ana en explanationofbow the event has caused unrtf# conditions. (xv) Description of procedure* lo be followed (k the event that unexpected asbestos is found or previously nonfrieble asbestos material bccomaa broken, crumbled pulverized or reduced to powder. (S)The information taquirtd in paragraph (b|(4) of thi* taction must b* reported using a form similar to that thown in Figure J. (c) Proctdum far asbtstos tminion control. Each owntr or operator of a demolition or renovation activity to whom thi* aeetion epplie* shall comply with the fallowing procedural: , (1) Remove eibattoe-conieining material* from fedllty being demollehad or renovated before any activitlei that would disturb the material* or preclude access to the metarials for aubsaquent removal. However. asbestos-containing meterieli need not be removed before demolition If: (1) They ere on e fedllty component that It eneaaed In concrete or other similarly herd meteriel end ere dequetely wetted wheilcvar exposed during demolition: or (II) They were not accessible for testing and were not discovered until after demolition began end. s result, cannot be safely removed. If not removed for safety reesoni. the exposed atbestoe-eontsininf material end any asbeatoe-contaminatad debrie must be adequately wetted. (ill) They are material* that cannot become friable during demolition or * renovetion. such aa. pecking, gaskets, asphalt roofing, and vinyl floor tUein good condition. (2) Whan e fedllty component that contain* aabestae or that 1* coveted or coated with asbestos-containing materials I* being taken out of the facility *s unit* or in section*: (fl Adequately wet any eebaetoecontafning material* exposed during cutting or disjoining operation*: and (II) Carefully lower tha unit* or section* to ground t*v*t not dropping, throwing, sliding or otherwii* damaging them. (3) When tabesto*-containing material la stripped from fedllty component* in a fadtity, adequately wat the asbestos-containing matariaj during the stripping operation. (I) In renovation operation*, wetting is not required if the owner or operator hat obtained written approval from the Administrator by: (A) Asking tha administrator to determine whither wetting to comply with this paragraph would unavoidably damage equipment or presont a safety hazard, mid zupplying tha Administrator with adequate information to make thi* determination before beginning to strip ibeetoecontaining materiel: end (B) Ueing one of the fallowing whan the Adminletretor doe* determine that equipment damage would be unavoidable or that e safety hazard would exist: (7) A local exhaust ventilation and collection system designed and operated to capture the particulate eabestoe materiel produced by the stripping end removal of the asbestos material*. Tha. lystsm must exhibit no visible emissions to the outslds air or be designed end operated In accordance with the requirement* of f 41432: ' `l:` " (2) A glove-bag system designed and operated lo capture the particulate asbestos materiel produced by the stripping of the asbestos materiel*. (3) Leak-tight wrapping to contain til tsbettotcontaining materiel prior to dismantlement. (It) In renovation operation* where wetting or the methods allowed in . pertgraph (e](3)(l) of this section cannot b* used, other methods may be used after obtaining written approval from the Administrator upon determination that they era equivalent to witting or the methods allowed in paragraph....... MMOl.of tide section. . (Ul) A copy of the Administrator's . - written approval (hall ba kept at the'"* worksite and available for Inspection-'. . (4) After a facility component coveted-. or coated with asbestes<ontainiag. materiel has-been taken out of the . facility as units or in tactions: It must be stripped or contained In Itak-tight wrapping for disposal except'** described la paragraph (cJ(5Lof this section. If (tripped, either: - - . (i) Adequately wat atbaatoa- ~t containing material! during tripping; or (II) Ui* a local exhaust ventilation and collection system dssignsd and ' operated to capture the particulate eibetto* material produced by tha tripping. Tha system mutt exhibit no visible emissions to the outside air or be' designed and operated In accordance with the requiremanta In | #1.132. (3) For large facility components such . as resetor vessels, targ* tanks, and steam generators, but not beams, ths asbestos is not required lo be stripped if the following requirements are mat: (i) They can ba removed, transported. stored, end reused without disturbing or damaging tha asbestos. (11) They are encased in a leak-tight *- wrapping. . (Hi) ft is libeled according to 131.t48(dHlXiL (UL and (Hi) during all loading and unloading operations and dttfiitf ttofttio (4| For aU asbestos-containing materials including those that have beta removed or stripped: (I) Adequately wat the malarial* to ensure that they remain wat until they re collectad and contained or treated la' preparation for disposal in sccordinc*' with ( *1450: and . (II) Carefully lower the mstsrisl* to the ground or a lower floor, not dropping, throwing, sliding, or othi damaging them: end (Ui) Transport.the malarial* to tha pound via leak-tight chute* or . containers If they nevs bean tamo: Federal Rafbtar / VoL- 54. No. 9 f Tuesday. tannery Id, 19W / Proposed Rulw 29 -4 more thsn SO ftsl above ground I and ware nol removed aa unlta or action*- , 'a) Asbastoa'-eontalnlng material! --ntainad in. leak-tight wrapping that k.y bean removed in acconianca wilfr paragraph* (e)(4) nd (cHJK'UBKfl of ihia aecllon need nol be wattad. (7) When the temparalora at the point of wetting I* below 0*C (J2*F): (I) The owner or operator need not comply with paragraph (c)(2)(l) of thin aectton and the watting provtelon* of paragraph (c)(e) of thla taction. (II) The owner or operator muat remove facility component* coated or coveted with labeltoe-containing . materials'aa unite or In taction* to,the maximum extent possible. , .- (III) During period* when wetting operation* are tuipendtd do* to freezing tamp*ratine*, tip* owner or operator muat record the temperature at the beginning, middle, and end of each work day and kstp daQy temperature' records available for Inspection by the Adminiitratar during normal buefrtet* hour* at the demolition or renovation -fta. The owner or operator ehall rataia- ae record* of temperature for at leait 2 ytara. (8) All asbestos-containing material (hall be stripped, removed, and otherwise handled by an owner or operator of a' demolition or renovation activity with at least one on-site representative, such as a foremtn or management level person, trained In the provisions of this regulation and tht mean* of complying with tham.'Tha required training shall Indudt at a minimum: applicability: notifications: control procedures for removal* Including, at leait wetting, local exhauat ventilation, negative preeeure enclosures, glove-bsg procedure*, and High Efficiency Particulate Air (HEPA) filter*: wait* dispotal work practices: reporting and reccrdkeeptag: and asbettot hazards snrfworfcer protection. Evidence that tht niriUtsd'training hat bean accompllahed sttfib* mads avaitabt* for Inspeetfan by th* Administrator during normal business hour* at th* demolition or renovation site. This requirement shell become effective one year after promulgation of this regulation.' This training dace nol replace the training requirements of th* Office ofPtstieidee and Toxic Substances nor th* training requirement! of OSHA in 29 CFR ;12L5g. -,(*) For faeilitlae described In Paragraph (e)(3) of this section. Jd^quately wet the portion of th# - facility that contains asbestos- .eontajning materials during th* wrecking operation. 1*1.14* (Wedsalgnated a* I 1.14* and Amended] 9. Section 81.148 Is redesignated es I 61.148 and is amended by revising paragraphs (), th* introductory text of (b). paragraph (b)(2). end paragraph (d) to read at follows: 141.14* standard for aar*y<n. *aa a a (a) Us* material* that contain 1 percent asbestos or let* by area for spray-on application on buildings, 'structures, pfpaa. and conduit*, exeapt as provided in paragraph (c) of this section.'. (b) For sprey-oo application of materials that contain more than 1 percent'asbe*lot by area-on equipment and machinery, except a* provided in paragraph (c) of tht* section: a (2) Discharge no visible emission* to th* outaide air from spray-on application of lha asbastoa-contalning material or us* tht methods specified by 161.1S2 to dean emUaions containing perilculata asbasto* material before they escape to. or are vented to. th# outald* air. (d) Owner* or operator* of source* subject to this paragraph are exempt from th* requirements of || 81.09(a). 8147. and 6149. 181.148 (Radadgnatad a* f <1.147 and Amended) 10. Section 81.148 It redeslgne'ted a* f 81.147. paragraph* (b) (1) and (2) are reviled, and paragraph* (bX3| through (bK*l ** added to read aa follow*: 181.147 Standard far Mkrteadng. 4 (!)* (1) Dischtrta no visible emisaiona to th* outatda air from any of th* operations or from any building or structure in which they ere conducted or from any other fugitive sources: or (2} Uae the method* specified by 161.192 to dean (missions containing particulate esbeato* material before they escape to. or are vented to. th* outside air. (3)Monitor each potential source of asbestos emlisions from any pert of th* fabricating facility indudfng air cleaning device*, process equipment, and building* that house equipment for material proettsing end handling, at laaat once each day. during daylight hour*, for.viiibt* emissions to th* outside air during operation. Th* monitoring period shall be of el teaal IS seconds duration per source of emissions. (4) Inspect tech air dsaning dtvlce at leaet once etch week for proper operation and for changes thst signal the potential for malfunctions including, to the maximum extent possible, the presence of tear*, hot**, and ebresiona in filter beg* and for dust deposits on the dean side of begs. For tir cleaning devices that cannot be Inspected on a weekly best* according to this paragraph, submit to the Administrator, and revise ss neceesary. written maintenance plan ta tndude. at a minimum, the following: (I) Maintenance schedule. (U) Recordkeeping plan. (8) Maintain record* of the result* of visible emission monitoring and air cltcninf device inspection* using a format similar io that shown in Figure* 1 and 2 and include the following: (I) Oat* end time of inspection. {It) Pretence or absence of visible niltfioiw. (Ui) Condition ofbag*, btduding presence of taste, hole*, and abrasion*. (!v| Pretence of dust deposit* on dean sld# f b$* (v) Brief description of corrective action* taken Including data and time. (vi) Daily boar* of operation for oadi control device. (6) Furnish upon request and make available during normal business hours for inspection by th* Administrator, all records required under this section. (7) Retain a copy of all monitoring and inspection records for at least 2 years. (8) Submit quarterly a copy of th* vitlbl* emission monitoring records to th* Adminietrator if visible emissions occurred during the report period. Quarterly report* shall bo postmarked by the 30th day following the end of th* calendar quarter. 181.118 (Wtdttlgnats* a* I 1.18 K Hsetaail 11. Section 81.190 is redesignated at 181.148 and reviled lo read aa follows: {1.148 9Un*r* terIwsuweng mstwiiH. No owner or operator of a facility, may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied end Wahl# after drying. Th* provisions of this paragraph do not apply to spray-applied insulating material* regulated under 181.148. I61.1SI (ReOeetgnesea**I*1.148end AmanOedl 12. Section 61.191 is redesignated es 181.149 and is emended by reviling paragraph* (a), (bh (cHtH><) *nd (ini and |cX2|< and adding nsw paragraphs (d) through (f) to read at follows: