Document b8Eabre3yqOvKVJ2qzXrabw3

M. O. VARNER Manager AMERICAN SMELTING AND REFINING COMPANY DEPARTMENT OF ENVIRONMENTAL SCIENCES 3422 SOUTH --700 WEST, SALT LAKE CITY, UTAH 411 November 10, 1975 Mr. Gerald E. Fox CAPCO P. O. Box 423 Van Buren, Arkansas 72956 National Emission Standards for Hazardous Air Pollutants Amendments to the Standards for Asbestos The attached amendments to the EPA emission standards for asbestos should be of interest to you. I particularly call your attention to paragraph 61.25, "Waste Disposal Site." Your operations will, of course, be required to comply with the EPA regulations. MOV/bjs Attach. cc: KWNelson MJMessel AEAlpine (w.attach) " " M.Q, CAPCO JEN 0010342 TUESDAY, OCTOBER 14, 1975 ' , * PART V: ENVIRONMENTAL PROTECTION AGENCY NATIONAL EMISSION ; STANDARDS FOR , ; . HAZARDOUS AIR POLLUTANTS Asbestos ancJ Mercury ---- : - CAP CO JEN 0010343 lie40--Protection of Environment N. Demolition and Renovation. A com Several comments were received which CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY. ' (FBL31-3] .- . ' ment was received during Vamendments within the review of the Agency that stated that operating machinery'could be damaged by wetting procedures during Iducts can be Insulated with amounts of .{friable asbestos material similar to those - certain renovation operations. The wet ting during renovation of a heated boiler, PART ARDS 61--NATIONAL EMISSION STANDFOR HAZARDOUS AIR POLLUTANTS Jon boilers, tanks, reactors, turbines, /naces and structural members, furand ' near sensitive over operating electric equipment, and machinery ta an indus dments to Standards and Mercury for Asbestos/^'srehnoouvldatbioencorevgeureladtiboynsth. eSidnecemdoelitmioonliatinodn ' and renovation operations can Involve . trial plant were mentioned as specific ex amples. One comment also stated that portable local exhaust ventilation sys On October 25, 1974 (39 FR 38064); - ducts Insulated with appreciable quanti tems are effective alternatives try wet pursuant to. section 112 of the Clean Air ties of friable asbestos material, "ducts*' ting,. The proposed amendments have Act, as amended, the Administrator pro-' . has been added to thelist of apparatus been changed.to allow the use of local -posed amendments to national emission that are covered by the amendments. exhaust.ventilation systems when dam standards for the hazardous air pollu . The comment was made.that the quan age-to equipment from wetting is un tants asbestos and mercury. The Ad- tity of friable asbestos material proposed avoidable, provided that the system cap - mlnlstrator also proposed amendments to as the minimum amount for establish- tures the. asbestos particulate material Appendix B, Test Methods,-of this part;- 'tag .renovation * operations as major produced during the removal of friable Interested persons representing Indus sources of asbestos subject to the pro , asbestos material and discharges no vist- try, trade - associations,, environmental' posed amendments.', was arbitrary, but -ble emissions from-Its exhaust. The Ad ' groups, and Federal, State arid local gov should also apply to demolition opera ministrator-will make determinations, ernments participated in the rulemaking by .sending comments to the Agency. Commentators submitted- 40 letters, many with multiple comments. The com tions. The Agency explained In the pre- . upon request, of whether damage- to amble to the-proposed amendments this amount of asbestos Is typically cthonati^.aevqouidipambelen.t. from . wetting would be un tained in a four-unit apartment build Several comments were received which ments have' been considered, and the ing, which Is the maximum size for apart stated that the proposed frequency for proposed amendments have been reeval ment buildings excluded from the demoli ' submitting to the Agency written notices uated. Each comment, some of which. tion provisions. Therefore, the minimum of intention to perform repetitive reno were submitted by more than one party, quantity of friable asbestos material cov vation work at a single facility was ex- has been separately addressed In writing ered by 'the demolition and renovation . cessive..One commentator suggested that by the Agency. The Freedom of Informa .provisions is.essentially equivalent. The definitions- for "emergency renovation" tion Center. Boom 202 West Tower,. 401 Agency considered applying regulations and vroutlne maintenance renovation" IT Street, SW. Washington. D.C. has only to demolition operations in which be included, and that a yearly filing of copies of the comment-letters received-, more than-a specified amount of friable Intention to renovate should be allowed and a summary, of the Issues and Agency . asbestos material was involved, prior to for each Industrial plant It Is evident responses available for public inspection. promulgation of demolition provisions on from the comments received that some In addition, copies of the issue.summary . April 6,1973 (38 FR 8820). This approach plants perform renovation operations and Agency responses may be obtained -` was rejected primarily because It would very-frequently, such as twice a week. upon written request from the EPA Pub11c Information Center (FM-215>,'401 M Street, S.W., .Washington, D.C. 20460 .* ' complicate `.enforcement procedures. However, the Agency realizes that certain commercial buildings contatn smaller The proposed reporting requirements for such plants would be excessive. The pro posed amendment has been changed so (specify Public Comment Summary-- Proposed Amendments to National Enils- slon Standards for Hazardous Air Pol- fag-rots--Asbestos and Mercury). Wheredetermined by the Administrator to be appropriate, changes have been made to the proposed amendments, and the re vised version of the amendments to the National emission standards for asbestos and mercury Is promulgated herein. The principal changes to the proposed amendments and the Agency's responses fiathemajor comments received are sum marized below. amounts of friable asbestos- material that these requirements are reduced, and than the lower.slze cutoff limit proposed the applicability of the requirement Is for renovating operations. On reevalua- more clearly defined by adding more de tlon, the Agency concluded that the tailed language and definitions for "plan available information Justifies changing ned renovation" and "emergency renova the proposed amendment to allow exemp tion" operations. Additionally, the ap tion of demolition operations Involving plicability of the amendment has been less than 80 meters of friable asbestos, clarified by specifying how the quantipipe insulation and less than 15 square - ties of asbestos Involved ta "planned meters of friable asbestos material used renovation" and "emergency renovation" to Insulate or fireproof any duct, boiler, are to be determined. The basic charac tank, reactor, turbine, furnace or struc teristic that distinguishes the two types tural member. The owner or operator of of renovation operations is the degree of a demolition operation desiring this ex .predictability of their ..occurrence. Tile '. Copies of Background'Information on- emption must notify the Administrator, amount of friable asbestos material that National Emission Standards far Haz at least.20 days prior tc beginning demo-. .will be'removed or shipped within a ardous Air Pollutants--Proposed Amend litlon, of the measured or estimated given period of time can be predicted ments to Standards for Asbestos and amount of friable asbestos material In for planned renovation operations. In Mercury (EPA-450/2-74-00?a) which ex volved ta the demolition. This will permit; cluding, both scheduled and non-sched- plains the basis for the proposed amend-' aents are available on request from the the exception to be Implemented without requiring prior Inspection of every site uled operations, whereas no such predlc-' tloncanbe made for emergency renova Emission Standards and Engineering Dt- -: by Agency personnel, which would be an tion operations. The glvehperlod of time, vision. Research Triangle Park, North' 'excessive enforcement burden. This dif for predicting purposes has been speci Carolina 27711, Goodwin. Attention: Mr. Don R. fers from the reporting requirements of t the renovation provisions or the amend- - fied to be between 30 days and one year for planned renovation operations in Asbestos.J ' i.4 ^ments. The nature of renovation opera-. volving individually non-scheduled op . CHANGES TO PROPOSED AMENDMENTS - " ' tionsnecessitates a greater familiarity on the part of the operator with the quanti- ' erations. A .reporting time shorter .than 30 days .would require the submission Manufacturing. The Agency received .ties of friable asbestos materials present and review of a large number of reports, numerous comments stating that the ' than for.demolition operations. For this . and predictions over periods longer than proposed amendments should apply only '.reason, the Agency believes that it is not one year could give Inaccurate predlc- . toassaait concrete manufacturing plams necessary to require,reports from all ren tions of friable asbestos material to be that use esoestos. This was the Agency's ovation operations ta order to ensure ef removed. In emergency renovation oper Intent. Section 61.22(c) has been revised fective enforcement of the renovation ations, (he-amount of friable asbestos by the addition of the wording, "that.use provisions that apply to only larger reno material that Is subject to the amend- - commercial asbestos.". - - vation operations. mentals the total amount of such matei . EEDERAIREGISTEX, VOL 40, NO. 199--ll'ESDAY, OCTOBER 14, 1975 ' CAPCO JEN 0010344. RULES AND REGULATIONS ' -18293 rial that will be removed or stripped as"a Based on Agency enforcement experi talning wasWs, as noted above. Accord result of the individual emergency. ence since promulgation of the standard ingly, the amendments promulgated here One commentator stated that the pro on April 6, 1973, the required reporting in apply to Inactive disposal sites that posed amendment covering renovation of spraying operations where less than 1 have previously been operated by certain could be circumvented by the carrying out percent asbestos material is used is felt sources covered by the asbestos stand of small portions, which are individually to be unnecessary. Accordingly, the ard. The owner of such an Inactivated not subject to the amendment, of a larger Agency has revised the reporting require site must comply with the amendments operation. Section 61.17 has been added ments of paragraph 61.22(e) to apply regardless of whether or not he gener to the General Provisions to explicitly only to spray-on Insulation and fireproof ated the waste or operated the disposal prevent this potential circumvention, and ing material that contains more than one site when it was active. This category of . to apply in general to circumvention of percent asbestos by weight. sites includes asbestos mill tailings dis ' all standards promulgated under this' ITnrie Disposal. The proposed amend- posal sites, and the large disposal sites part.. . ments would nave applied directly to all at asbestos manufacturing and fabricst- . One commentator stated that a -re waste disposal sites that accept asbestos tag plants which have caused.concern' quirement in i 61.22(d) (2) (vi) of the waste from any emission source covered In the past. The owners or operators of proposed amendments was inconsistent under the asbestos standard. The Agency spraying, demolition and renovation op and should be revised. This section re estimated that approximately 2500 dis erations have not operated disposal sites quired that friable asbestos material're- 'posal-sites would be covered. Review of in the past and are not expected to do so moved from buildings greater than 50 these proposed amendments within the la.the future. Due to the nature of such feet In height be transported.-.to the Agency Indicated that enforcement would operations, the wastes generated are de ground via dust-tight chutes or contain have required a disproportionate com posited at waste disposal sites which ac ers. The cited inconsistency arises be- mitment of Agency resources. Alterna cept mostly non-asbestos-containtag _'cause this requirement applied at. all tive means of controlling asbestos emis waste. As a result, the asbestos waste is j heights, including those less than 50 feet, sions- from waste - disposal sites were effectively covered, thereby preventing i for a building 50 feet or gTetaer In height, therefore examined...---, -- . emissions even in open dumps..For these j whereas it did not apply to buildings less -.. The number of acceptable waste dis reasons, inactive waste disposal sites that ; than-50 feet in height. The requirement posal sites that meet the criteria In S 61.- have been used by spraying, renovation j . has been changed so that it applies only 22(J)(3)-of the proposed amendments, and demolition are not regulated. to materials that have been removed or which are similar to the criteria for san The amendments promulgated herein ' stripped at.more than 50 feet, above, itary,landfills, has increased significantly will control Inactive asbestos waste dis- '; ground level.-. ` within the past several years and the posal sites that contain large quantities j Several minor changes have been made trend is continuing in that direction. of asbestos waste. The Agency's enforce- : in response to comments. language has This trend is noted in a recent publica ment resources will be more effectively i been added to allow delivery of notices tion ('.'Waste Age," January 1975). This utilized since approximately 2000 waste ! of intention to renovate or demolish to indicates that acceptable sites, (i.e., pri disposal sites will not be directly regu- : - the Administrator by means other than vate and municipal sanitary landfills) lated b7 the promulgated amendments. I the UB. mail. There Is a minor clarifying which follow practices that reduce as This should facilitate enforcement and : language change between E 61212(d) (2) bestos emissions will bo available for dis protection of the public health," .' ci) of the proposed demolition provisions posal of asbestos-containing waste. aAmnAd 4thViem. cAAoWrrPe&sMpSoAVnMdMinmgff AprWoMviistrilonnn, t1C61l2D2O2 fTTVhlAerweffAorMe, It was determfinfted ttVhl Oaft da<nn feiff. 1 The comment was made that the pro[posed permanent posting of warning ; ' (d) (4) (l),of the regulations promulgated fective means of reducing emissions from [signs at Inactive asbestos waste disposal : herein. A comment suggested the term waste disposal sites without undue en Cites would be oyerly restrictive. The : "adequately wetted" should be defined forcement burdens would be to require warning signs were intended primarily to j and differentiated from "thoroughly wet already-regulated asbestos waste genera warn the general public of the potential . ted." since both terms appeared In the tors to dispose of asbestos-containing hazards that could result from creating j proposed amendments. The use of these wastes at properly operated disposal sites. dust by such disturbances as walking on ; terms has been reevaluated, and a.defini This is provided for in. the amendments exposed asbestos waste. It the disposal 1 tion of "adequately Vetted" has been (^herein promulgated. site Is properly covered over as required . added. The term "thoroughly wetted" The Agency's greatest concern Is with by the alternative methods of complying-' has been deleted and .the term "ade disposal sites which accept large quan .with the proposed amendment for waste quately wetted" has been used through tities of asbestos waste. In most cases, disposal sites, such minor disturbances - out. . companies which generate large quan will not generate asbestos emissions. Ac- | . The Agency has made a revision la the tities of asbestos-containing waste also cordingly, the proposed amendment has j proposed requirement [ 61.22(d) (1) 3 for own and operate their own disposal sites been changed, and warning signs are not notification of intention to perform reno because of convenience and economics. required if an Inactive disposal site ap- ' vation or demolition operations. An addi For example, all domestic asbestos mills plies and properly maintains a covering ; tional reporting requirement for the operate their own tailings disposal sites. of compacted non-asbestos-containtag , name and location of the waste disposal The Agency anticipates that these large, material at least 60 centimeters (ca. 2 ! site where demolition and renovation waste generators will operate their dis- ' feet) in depth, or at least 15 centimeters : waste will be deposited has been added to posal sites in the future in compliance (ca. 6 inches) in depth with a cover of ; assist in enforcing the waste disposal pro with tho proposed E 61.22U) in order to vegetation. The proposed amendment visions of the amendments. . meet the.requirement that they dispose would have also required that active as- ' - Spraying. During review of the amend- of their waste at a acceptable sites. bestos waste disposal sites post warning ! ' ments within the Agency, a question Inactive disposal sites may also be ma signs. The amendments promulgated j arose-conceming whether the waste gen jor emission sources if they contain large herein do not apply directly to active dis- j erated by operations that use spray-on .amounts of asbestos `waste. It is likely posal sites, and the specified operating ! materials which contain less than one that at Inactive sites containing small practices for acceptable disposal sites do ) percent of asbestos by welghtto Insulate amounts of asbestos waste the asbestos Is not require the posting of warning signs | or fireproof buildings,-structures, pipes covered by non-asbestos waste, and the provided an appropriate cover of at least } and conduits was covered by the asbestos chance of significant asbestos emissions 15 centimeters (ca. 6 inches) of non-as- - waste disposal amendment C| 612220) 1. is small. It was decided to require that bestos-contalntag material is applied to The spraying provisions do not apply to those Inactive sites which are known to the active portion of the site at the end such operations, though reports of the contain large quantities of asbestos com of each operating day. Comments were operations were required by the stand ply with the standards specified in sec received that - suggested the. Agency;, ard promulgated on April 6,1973. There tion 61222(1) to reduce asbestos emis should allow the use of existing natural' fore, the waste disposal processes asso sions. This category of asbestos waste barriers as substitutes for fences that are | ciated with these operations are not regu disposal sites Is usually operated by the Intended to deter access to some types ofj- lated by the waste disposal amendments. sources that generate the asbestos-con- * asbestos waste disposal sites. The Agen-J FEDERAL REGISTER, VOL <0. NO. 199--TUESDAY, OCTOSER H, 197S CAP CO JEN 0010345 4S294 ' RULES AND REGULATIONS cy agrees that certain natural barriers, Several commentators requested that ment has been changed to provide a;: * such as deep ravines and steep cliffs, can the proposed alternative method of com exemption for wetting of tailings belov be as effective as fences in deterring ac pliance included in the asbestos waste this temperature. Only one existing do cess. The proposed amendment has been disposal amendments, which spe: 'd mestic asbestos mill Is expected to use changed to suspend the requirements for that the waste be formed Into non-friable the exemption to a significant extent. . fences, and also warning signs, when a pellets, be changed to accommodate An examination of hourly temperatures natural barrier provides an adequate de shapes other than pellets. The precise representative of the location of that terrent to public access. Upon request size and shape of the processed, non- plan, and extending over a period of one and supply of appropriate information, friable waste is not important,' and the year, showed that hourly temperatures the Administrator will determine wheth amendment has been reworded, to ex-, are belowJ5*F for approximately 7 per er a specific type of fence or a natural pllcitly permit the forming of asbestos cent of the time. barrier adequately deters access -to the wastes into pellets or any other, shapes. Asbestos emissions at asbestos mill general public. In response to another A comment was made during review tailings disposal piles are contributed by., comment, the proposed amendment for within the Agency that asbestos-contain the tailing conveying operation, the fencing of asbestos waste disposal sites ing wastes subject to the proposed deposition operation, and wind entrain has been revised to allow fences to be amendment are sometimes used to sur-'. ment of asbestos-containing particulate placed either along the property line of face roadways and that this practice from the surface of the disposal pile. The an affected source that contains a waste should be prohibited. The Agency agrees first emission source is subject to pre disposal site or along the perimeter of the. that the use of asbestos-containing viously promulgated regulations (38 PR disposal site itself. Either type of fence wastes on roadways can cause asbestos 8820), and the latter two sources are sub provides the necessary deterrent to public emissions similar to those caused by the ject to the amendments promulgated access to the disposal site. use of asbestos tailings on roadways, herein. The major sources of asbestos Several comments were received on the which is prohibited by the asbestos emissions from process gas streams at proposed prohibition of Incineration of standard. Vehicular traffic on roadways asbestos milU, namely effluents from containers that previously contained can pulverize asbestos waste and liberate crushers, dryers and milling equipment, commercial asbestos. One commentator fibers that can become airborne in the are also covered by (he previously prom stated that the prohibition seemed un wake of moving vehicles and by the wind. ulgated regulations (38 ITS. 8820). The desirable because asbestos is thermally The use of asbestos-containing wastes amendments promulgated herein, In degraded at a temperature of 600` C. The has therefore been prohibited from use cluding an exemption from wetting of Agency considered: (a) the uncertainty on roadways. asbestos tailings at temperatures below that the feed material to an incinerator The proposed amendment for waste --9.5* C (15* F), together with the stand will be uniformly heated to the combus- disposal at asbestos mills included a pro ards promulgated on April 6,1973 (38 PR tion chamber temperature, (b) the un vision requiring no visible emissions to 8820), represent me of the best available certainty concerning the decomposition the outside air from the deposition of temperature of asbestos, and (c) the re asbestos ore tailings onto a disposal pile. sults of a stack gas test that detected An alternative method of compliance emissions of asbestos`from a sintering required that the waste be adequately process In which the temperature at wetted with a dust- suppressant agent tained was well above 600* C, In evaluat-' prior to deposition. Two commentators Ing the comment. The Agency concluded stated that an exemption from the wet technology for control of emissions from asbestos mills. This Is consistent with the determination of the Administrator that best available technology should be used to control major sources of asbestos emissions to protect the public health with an ample margin of safety. that the available data do not justify ting requirement of the alternative The reporting format of Appendix A changing the proposed regulation on method is needed when the temperature has been changed by the addition of grounds that the asbestos Is thermally at the disposal site Is below freezing, to paragraphs "C" and "D", to accommo degraded In the combustion process. An prevent freezing of the tailings and per date the addition of disposal.of asbestos- other comment suggested that incinera mit continued operation of the asbestos containing wastes and certain Inactive tion should be permitted, provided there mill at such low temperatures. The inves- asbestos waste disposal - sites to the are no visible emissions of asbestos par tigation carried out' by the Agency prior amendments. The additional Informa ticulate matter from the incinerator. In to proposal of the amendment indicated tion required is essential for determining formation presented to the Agency after that wetting of asbestos tailings Is the compliance with the regulations. Ap- ' proposal indicated that some small in only presently available method for effec pendix A has also been revised into a new . cinerators, such as those operated by tively controlling particulate emissions computer format which will' promote asbestos manufacturing plants, can be from the deposition operation. In re more effective enforcement of the regula operated with no visible emissions. The sponse to the comments received, the tions. Section 61.24 has been revised to proposed prohibition on incineration of Agency further Investigated the cold reflect the additional reporting informa containers that previously held commer weather operational problems of disposal tion requested in Appendix A. cial asbestos has been deleted. The pro systems for wetted asbestos tailings. Dis visions of the amendments for the dis cussions were held with operator? of three ADDITIONAL COMMENTS * posal of asbestos-containing waste mate Canadian asbestos mills that frequently Manufacturing and Fabrication. One rials apply in particular to the disposal operate under cold weather conditions comment questioned the need for in of containers that previously held com and have Installed tailings wetting sys cluding asphalt concrete manufacturing mercial asbestos. Therefore, these con tems, with a firm that is experienced in plants In the proposed amendments. The tainers can be incinerated under the designing systems to suppress dust gen rationale for Including asphalt concrete amendments, provided the incineration erated by materials conveying operations, plants as major sources of asbestos Is operation does not discharge visible and with several non-asbestos mineral, discussed In the background informa emissions. mining facilities that operate wetting tion document for the proposed amend Two commentators suggested that the systems for crushing and conveying oper-. ments (EPA-450/2-74-OT9a). Two com- ' proposed amendments should not require atlons. The Investigation revealed that mentators suggested that the manufac that EPA warning labels be attached to several Canadian asbestos mills are pres ture of asphalt concrete containing less containers of. asbestos waste in addition ently experimenting with wet tailings than 3 to 5 percent asbestos in the total . to the warning labels specified In regula disposal systems to extend operation to mixture should be exempt from the regu-. tions Issued by the U.S. Department of temperatures substantially below freez lations. However, asbestos asphalt con Labor, Occupational Safety and Health ing. However, the Agency Is aware of no crete typically contains-1 to 2 percent Administration (OSHA). The Agency such system that has operated in a con asbestos, and the Agency determined agrees that both labels adequately con vey the desired information; therefore, the proposed amendment has been changed to allow the OSHA warning label to be used in place of the EPA tinuous manner at temperatures below --9A*C (15T). Accordingly, the Agency has concluded that wet tailings disposal systems for asbestos mills are not avail able for disposal site temperatures below that asbestos asphalt concrete operations using even these low percentages of asbestos are major sources. Ho data or Information were received that would warning label. --9A*C (15*F), and the proposed amend indicate asphalt concrete plants are not FEDERAL REGISTER, VOL 40, NO. t99--TUESOAr, OCTOBER 14, I9ZS CAPCO JEN 0010346 RUtES AND REGULATIONS 48295 major sources, and the regulations pro* tor recommended that the Agency im considered, namely the prohibition of mitigated herein apply to such sources. pose a standard of 0.03 grain per cubic demolition under freezing conditions. The The Agency received two comments that foot for asbestos emissions in addition to proposed alternative suspends only a the individual emission sources within the no-visible-emission standarL It Is portion of the wetting requirements an asbestos asphalt concrete plant which the judgment of the Agency that there under freezing conditions. Pipes, ducts,' are subject to tire proposed amendments- are no sufficiently reliable emision meas boilers, tanks, reactors, turbines, fur should be specified. The Agency feels that urement techniques to provide a basis for naces and structural members insulated revisions are not necessary. Only com 'such a numerical standard and the set or fireproofed with friable asbestos ma ponent operations that may emit asbes ting of numerical standards should be terials must be removed from the build tos are covered by the provisions; for delayed until accurate asbestos measur ing in sections, to the maximum extent example, if no asbestos is added to the ing techniques are available. practicable, before wrecking of the build aggregate dryer, the emissions from the Demolition and Renovation. Comments ing. The stripping of asbestos materials dryer alone are not covered. . were received which suggested that the from, the previously removed sections The possibility that the enforcement proposed renovation provisions should must be accompanied by wetting at all of the amendments promulgated herein not apply to operations carried out wlth- temperatures, and the resulting asbestos for asphalt concrete plants may be in 'ln buildings, or to operations regulated waste materials must be wetted at all conflict with the enforcement of new by the Occupational Safety and Health temperatures. These procedures do not source performance standards for as Admlnistartion (OSHA) for-worker ex Jeopardize worker safety. Therefore, the' phalt concrete plants was raised by one posure to asbestos. The Agency recognizes promulgated demolition provisions -are commentator. It is possible that both the that there may be less asbestos emis based on the use of the best available new source performance standard and sions from stripping of friable asbestos . emission control methods at all tempera the national emission standard for asbes materials within a structure than from tures, and these methods are different for tos will apply simultaneously to emissions stripping in an unenclosed area. However, non-freezing and freezing conditions. from some operations at some new and asbestos from the stripping operation Another comment indicated that modified plants. Where this- occurs, the carried out within a building or structure sprayed fireproofing was the only type' visible emission standard promulgated can be discharged into the outside air of asbestos material that could cause as herein applies to asbestos particulate from building ventilation systems, win-: bestos emissions to the atmosphere dur matter, even though it is more restric dows and doors. Further, the disposal of ing demolition operations, and that' tive than the opacity regulation of the friable asbestos waste materials gener molded insulation is not readily released' new source performance standard. A ated by renovation operations, which in into the air. The Agency has inspected more stringent standard is justified when cludes the transport of waste materials both types of materials and has found asbestos is being processed because of to a disposal site, is afi emission source that some types of molded insulation the hazardous nature of asbestos! that needs to be controlled regardless of and plaster that contain asbestos are Comments were received that the pro whether the renovation is performed in friable. Therefore, buildings containing posed definition of "fabricating" needed the outside air or in buildings. In the these materials - are covered by the to be clarified. The Agency reviewed the judgment of the Administrator, the con amendments promulgated herein. definition and determined that changes trol of such asbestos emissions Is neces Comments were received that -the in the definition are not necessary. Fabri sary ar.d is part of the best available con Agency has a responsibility to develop cating includes any type of processing, trol technology. The OSHA regulations asbestos measurement methods and de excluding field fabrication, performed on (29 CFF. 1910.93a) require that, . .in termine by use of measurement methods manufactured products that contain sofar as practicable. . asbestos mate whether demolition is a major source of commercial asbestos. -The Agency ac rial be removed while wetted effectively asbestos emissions. The Agency keeps , knowledges that some component proc to prevent emission of asbestos in excess abreast of newly developed measurement ` esses of asbestos fabricating operations of tile specified OSHA exposure limit, but techniques in the asbestos industry, and could generate visible emissions in such also specifically require that employees the development of asbestos measure a manner that the visible emissions do not contain asbestos generated by the process, though the commentators did not cite any specific examples. The Agen cy has observed this type of process In shall be provided with respiratory equip- ment techniques is currently being fund ment for all spraying, demolition and re ed by the Agency. No new information on moval of asbestos materials. Hie purpose measurement techniques was received in of the OSHA standard, to protect em the comments. The Agency previouslyployees' health, can be achieved by the made the determination that building asbestos manufacturing operations. For use of respiratory equipment, even in demolition is a major source of asbestos example, visible emissions of organic materials are sometimes generated dur ing the curing of asbestos friction prod ucts In operations where asbestos is bound into a matrix of non-asbestos material but the asbestos is not trans ferred into the emission stream. Such operations are in compliance with the standard of no visible emissions contain ing particulate asbestos material. One commentator stated that some field fabrication ' operations release significant amounts of asbestos. The Agency's investigation prior to proposal ol the amendments showed that there is only limited field fabrication of asbestos products other than insulating products. The fabrication of friable asbestos in sulation was determined to be the only those situations where wetting is not im plemented and emissions may produce concentrations in excess of the OSHA ex posure limit. The extent to which the re sulting concentrations in the outside air are protective of public health Is unknown.-Accordingly, the proposed reno vating provisions do not exempt opera tions that are controlled by OSHA regu lations. Two commentators stated that the al ternative to the wetting requirement in the demolition provisions at sub-freezing temperatures should be allowed at all temperatures. In contrast, another com mentator suggested that suspension of the wetting requirements at sub-freez ing temperatures should be subject to a permit procedure that would discourage emissions, and no new information has been submitted to demonstrate that it is not a major source. Demolition and ren ovation operations generate short-term exposures of urban populations to asbes tos. Since promulgation of the demoli tion regulations on^April 6, 1973, new biological evidence supporting the signif icance of single short-term exposures of asbestos has been obtained. One-day in halation exposures in animal experiments. have produced an increase in" the in cidence of mesothelioma. (Wagner, J. C,, Berry, G., and TimbreU, V., "The Effects' of the Inhalation of Asbestos in Rats", Br. J. Cancer 29, pp. 252-269, 1974). A copy of this article is available for inspec tion at the Public Information Reference Center, Room 2404, Waterside Mall, 401 major asbestos field fabrication source, demolition at sub-freezing temperatures. M Street, SW. Washington, D.C. 20460. It and this is regulated by prohibiting the The alternative was proposed because, in can be concluded that human asbestos use of such materials after the effective date of the amendments promulgated herein. In the Judgment of the Adminis trator, the comment did not contain suf the judgment of the Agency, worker safety would be unduly jeopardized by the unsafe footing caused by Ice forma tion from water use under freezing con exposure for periods typically required to perform demolition and renovation oper ations Is hazardous. Therefore, the Agency has not changed its prior deter ficient`information to justify including ditions. The proposed alternative is less mination that building demolition is a other categories of asbestos field fabrica restrictive on demolition contractors major source of asbestos emissions. An tion in the amendments. One commenta than a second course of action that was ' other commentator was concerned that FEDERAL REGISTER, VO'-'40, NO. 199--TUESOAlf, OCTOBER 14, 197S CAP CO JEN O01 034-7 -1S296 RULES AND REGULATIONS the demolition sources now covered by Mining Co. et al. 498 F.2d 1073,1079, (8th Some, comments questioned whether the sl- stos standard as major sources Ctr, 1974) 1 stated, "It Is- reasonable to the proposed amendments would apply were not defined as major sources by the assume an error In the count of fibers to asbestos waste disposal sites that were Katkuoal Academy ol Sciences (NAS) in both water and air of at least nine Inactivated prior to the publication of study, which was cited by the Agency as times on the high side to one-ninth on the proposed amendments. Regulations. a basis for the demolition regulation. the low side." Further testifying on the established under section 112 of the Act. The NAS study did not define categories same subject. Dr. Brown stated, "... I are applicable to both existing sources of asbestos materials other than sprayed do not recall having beta exposed to a ` and new sources. The amendments cover fireproofing as major emission sources procedure with an error this large, and previously inactivated sites as .well as because data were available at that time which people have seriously proposed a sites that become inactive in the future. on fireproofing only. The-Agency had number based on this very poor proce However, the proposed amendments have concluded .prior to proposing asbestos dure." Moreover, there Is no place to been revised as discussed in "Changes to ' standards on December 7,1971 that any measure the total emissions from a the Proposed Amendments" so that only friable asbestos material used for Insu demolition or renovation operation. The owners of sites which have been oper lation or fireproofing has a comparable Agency has determined that violations of ated by asbestos mills, manufacturing potential to create asbestos emissions the work, practices specified In the plants, and fabricating plants subject to upon demolition or renovation as sprayed demolition section will result in emissions the asbestos standard must comply with, fireproofing, and therefore these mate of asbestos. 'Considering these facts, the the asbestos amendments proposed here rials are also covered by the regulations.' prescription of work practices is not only in for inactive asbestos waste disposal 'Several comments were received stat ing that the definitions of "friable as a legally permissible form of an emission standard, but also .the only practical and sites. Several commentators suggested that bestos material." "asbestos," and "as bestos material" are vague and subjective and remain constitutionally deficient for 'a regulation enforceable by criminal pro ceedings. The Agency reevaluated, the definitions and concluded that they are sufficiently clear that the ownere or op erators subject to the amendments can reasonably be expected to understand these terms. Owners or operators'should be able to Identify covered material and comply with the regulations on the basis of the definitions supplied. . Comments were made suggesting the Agency describe more specifically a prop er wetting operation. The purpose of the wetting requirements Is to reduce the amount of asbestos dust generated dur ing demolition operations. Many differ ent procedures would accomplish this; therefore, the Agency believes that spec ifying such procedures is neither nec essary nor appropriate. A new definition cff "izfeqirately wetted" was added to the regulations promulgated herein. The Agency believes that owners or operators of demolition operations are familiar with proper wetting procedures. ' reasonable form. - Waste Disposal. A- number of com mentators questioned . the relationship between the proposed no-vlslble-emlsslons requirements IK (He proposed asbestos waste disposal provisions and the alternative .methods for complying with the requirement The' following points-were Included in the comments: 1. Can any of a variety of waste dis posal methods be- used to meet the -no- visible-emlssions limit? 2. Various other methods of disposal should be specified as alternatives. 3. The inclusion of a no-vislble-emls- sions requirement in portions of the alternative methods of compliance Is a paradox. 4. Various alternatives are either not feasible or are unnecessary for some specific waste disposal operations. As stated in H 6152 (j) and (k) of the proposed and promulgated amendments, a requirement for affected sources that dispose of asbestos waste is no visible emissions during waste disposal opera tions. This provides affected sources flex ibility in developing and using those dis posal techniques most suitable to Individ Two comments were made stating that ual needs. The Agency recognizes that the proposed demolition and renovation the best 'available disposal methods for certain types of asbestos waste disposal sites should be excluded from the pro-, posed amendments, depending upon the the rate at which asbestos waste Is de posited at the site, the percentage of the total waste that Is asbestos, the frla- - blllty of the asbestos waste, and the ex tent to which the site is In active opera tion. These comments were considered,' but no changes in the proposed amend ments were made as a result of the Agency's reevaluation. It would be ex tremely difficult to enforce regulations that depend on the rate or asbestos con tent of waste deposition. Further, the provisions promulgated herein shift the focus of the waste disposal requirements away from the site operator to the gen erator of the waste. Because of this, the burden of the requirements on a waste disposal site operator who accepts only a very small quantity of asbestos waste, and who the commentators desire to' .exclude from the regulations, Is largely' removed. A comment was made that the pro posed amendments could cause consid erable hardship to small users of asbestos because some waste disposal sites may no longer accept asbestos wastes. There are an estimated 5,000 waste disposal - amendments are not emission standards some of the sources may not be capable sites In the U.S. which meet the stand and that asbestos emissions must be of preventing visible emissions during a ards of a sanitary landfill. A properly proved In determining compliance with 'minor portion of some of the disposal the regulations. Congress has specified operations. Therefore, alternative meth operated sanitary landfill complies with the soil-covering requirements of the that EPA should set emission standards for hazardous air pollutants. EPA, charged with implementing this require ment, has determined that the term "emission standard" includes work prac tice requirements designed to limit emis sions. The position taken by the Admin istrator on this Issue-in the promulga tion of the original regulations on asbestos on April 6, 1973 (38 FR 8820) Is unchanged here.-The demolition and renovation regulations require certain work procedures to be followed. These methods of control are required because of the Impossibility at this time of pre scribing and enforcing allowable numeri cal concentrations or mass emission Emltatrons. One difficulty In prescribing a numerical emission standard Is the rel ative Inaccuracy of asbestos analytical methods. Dr. Arnold Brown, testifying In ods of compliance that represent the best amendments, and theretore will be af available disposal methods have been In fected only slightly by handling asbestos cluded la the regulations. Sources are not wastes. Accordingly, the Agency believes required tc use these methods: they may that small manufacturers and users of use other methods that achieve no visible asbestos will not encounter severe prob emissions. However, sources may elect to lems In complying with the amendments use one of the-specified alternatives. for waste disposal sites. ' Some of these alternatives result fn no Two commentators were concerned visible emissions; others may not.. For that the proposed waste disposal provi those alternative methods that may not sions would cause serious problems in be capable of preventing visible emissions contract hauling arrangements; and in during all portions of the waste disposal the use of private landfills, municipal process, a requirement has nevertheless landfills, and waste disposal sites leased been Included that there be no visible by generators of the asbestos waste. emissions from those portions of the Since the generator of the waste has process that can achieve this perform the direct responsibility for compliance ance level. The listing of a particular .during the transport of waste and for method of waste disposal as an alterna disposing of the waste at a properly oper tive method of compliance does not im ated disposal site, the Agency believes ply that the method Is universally ap-- that problems In contract hauling ar-1 plicable or that the use of the method rangements can be avoided if the gener-; a recent court case Involving asbestos 'Is necessary to achieve no visible emis ator Institutes proper waste handling emissions (United States et at. v. Reserve sions. practices. The Agency also believes that EEDERAl REGISTER, VOL 40, NO. 199--TUESDAY, OCTOBER 14, 1975 CAP CO JEN 0010348 V RUI.ES AND. REGULATIONS - 48297'. the deletion in the promulgated amend* cury concentration of the sludge has questioned the derivation of the ambient ments of some of the proposed require occurred that 'would significantly In- concentration of I microgram per cubic - ments for posting of warning signs will crease mercury emissions. meter. 30-day average, and indicated remove many of the potential problems One commentator suggested several that this level should be lower.-The that were of concern. Further changes revisions to procedures In the proposed Agency evaluated these comments, but to the proposed amendments were Judged sludge testing method. Method 105. The determined that no newInformation had unnecessary because they impose few procedures were reevaluated; and the been presented that had not been pre additional requirements on disposal- methodhas been'changed where appro viously considered in the derivation of- sites, such as municipal sanitary landfill priate. 'The proposed' section 3.1.3 of this allowable concentration. Another sites, that are properly operated. Method 105 specified a TO percent solu commentator stated that the restrictive . A comment suggested that.bags'which tion of stannous chloride as an' alterna ' meteorological conditions used for sew previously held commercial asbestos tive to stannous sulfate.. One comment age sludge Incineration and drying plants should be exempt If the bags have been - stated that It was Inappropriate to re- do not represent the "worst case" mete cleaned sufficiently so that shaking the quire any solution - percentage. The orological conditions, and discussed a bags will not generate visible emissions Agency agrees, and the requirement has specific existing facility as an example. ' of asbestos particulate-matter. Even if been deleted. Another comment sug The Agency, analyzed this comment con . ..such wastes do not produce .visible emis gested that the required use of mercuric sidering the meterological conditions and sions during the subsequent processing, chloride of Bureau of. Standards purity topography at the specific site mentioned - transporting and depositing operations to prepare the mercury stock solution is 'in the comment and concluded that, even at a waste disposal site, there Is a need not necessary because -the precision of with a mercury emission of 3200 grams Tor ensuring proper ultimate waste dis the method does not demand such purity.. per day, the public will be protected with posal because such bags still are likely to i The Agency agrees with this comment, an ample margin of safety at the cited contain residual asbestos. The Agency and.the method has been changed to facility, A copy of the Agency response believes that regulations art needed for permit the use of reagent grade mercuric to this comment is available for lnspec- . this purpose and also for the purpose-of chloride.' The comment was made that tton at the Public Information Reference ensuring that emissions from the cited .mercuric solutions should not be pre Center, Boom 2404 Waterside Mall, 401 method of cleaning bags are properly pared in plastic-containers. The Agency M St., Wash., D.C. 20460. The Agency controlled. Accordingly, the disposal of: is in general agreement with this and knows of no sludge incineration or drying bags that have been cleaned in the man- a statement to this effect has been added facility where the ambient guideline level ner described has not - been exempted * - to Method 105. Section 4.1.1 of the of one mlcrogram of mercury per cubic ' from the amendments promulgated., 'method.specifies that--.the,. . . sam-. meter, 30-day average, will be exceeded.. herelnl . - Pling devices, glassware- and reagents The following comments stating that the Comments were received which' stated 'should be ascertained free of significant proposed emission luiut is too stringent . that the proposed waste disposal provl- amounts of mercury." A major source of or that additional'studies are needed slons would probably preclude the dis mercury - contamination occurs when before promulgation were received: posal of waste-asbestos cement pipe in' sample solutions and reagents come into 1. The proposed emission limit pro- ' commercial landfills. It is the Agency's contact with mercury-contaminated con vldes an excessive salary lartor toy some judgment that commercial landfills tainers. A comment indicated that a spe plant locations. . which comply with the regulations will cific quantity should be stated to indicate 2. The proposed emission limit should .be available. Further, the pipe crushing how much mercury is considered "sig be based on plant size, allowing larger operation that is conventionally carried nificant." The Agency believes that the emissions for larger plants. - out during compaction at the disposal specification of an amount of mercury' 3. The intent of the proposed amend- . site can alternatively be performed and contamination is inappropriate because ment seems to be to limit the size of new controlled by gas cleaning equipment at such an amount would be very difficult to plants and require disposal of sludge a stationary crus]; measure. The mercury contamination of by alternative methods. containers can be reduced to an insig 4. The regulation seems to be exces Mercury nificant amount by properly cleaning sively stringent In order to simplify the'' changes 10 MS SCO AMENDMENTS such containers before use. The proposed administration of the standard for mul paragraph has therefore been changed tiple sources. Tbe Proposed definition of "sludge to speolIy ample containers shall 5. There is not enough Information to kas been revised to Indicate more t*, properly cleaned before use by rins- justify promulgating the amendment at' clearly that only sludge drying operatlons that are directly heated by com bustion gases are covered by the amend ment. The amendment does not apply to devices that are indirectly heated, such as secondary mercury recovery furnaces.' ing w-itrh nitric acid, followed- by rinsing with distilled water. Another comment suggested that the possible Interferences with the analysis of mercury in sludge should be delineated and that preventa tive measures should be given. In re this time: the promulgation should be delayed until further studies are made. In contrast, several comments sug gested that the proposed emission limit was too lenient. Since the emission limi-. tatlon Is related to an ambient concen A comment suggested that dally sludge sponse, two references in which such in tration, it would be inappropriate to sampling and analysis should berequired terferences are discussed have been allow higher emissions for larger plants. to reveal potential variations in mercury added to Method 105. Concerning plant location, it would be ' content of the sludge. The dally averages impractical to specify a different ends-, of sludge mercury content are not ex ADDITIONAL COMMENTS sion limitation for each present or future pected to vary significantly, and the The Agency has determined that an plant location which 'reflected local Agency believes that the added cost to ambient air mercury concentration of 1 meteorological conditions. Moreover, sec--, the owners or operators of such sources microgram per cubic meter average^ tion 112 of the Act-provides for a na- -. for dally sampling and analysis of sludge over a 30-daV nenoa wm protect the' tlonal standard, and the Administrator is not justified. Variations in mercury concentration of sludge can occur over longer periods of time, however, and a requirement has been added that all fa cilities for which emissions are in excess public health with an ample margin of has set this standard at a level which * skfety.: The maximum allowable mer will prevent exceeding the specified safe .' cury emission forsludge Incineration and ambient level at- all locations." The ' drying plants was calculated, by use of Agency determined that there is sum- : meteorological modeling techniques us- dent information to justify promulgat- ' of 1600 grams per day as determined by ing restrictive dispersion conditions, that ing emission regulations for sludge In- the Initial compliance test must monitor . would not result in thiy ambient concen- cinerators and no- data or information on a yearly basis with the sludge sam- tration being exceeded.' The resulting were presented that would justify chang-' plmg method. In addition, the Agency rmyimum allowable emission is 3200 Ing the mercury emission limit of. 3200 has authority to request sludge sampling ' grams of mercury ner day. Kumeroiis .grams per day.-, ; -. ' and analysis, or stack sampling, and will comments were received thatiquestioned . - A comment was made that the Impact exercise this authority whenever there .the methodology used to calculate this', of multiple sources of mercury emis nre Indications that .a .change in-mer- 'emission limitation. Several comments sions was not addressed in the derivation- - - FEDERAL REGISTER, VOL- 40,- NO. 199--TUESDAY, OCTOBER 14,-1975 OAPOO JEN 00-1034.9 48298 ' . RULES AND REGULATIONS . ot the national emission standard for mercury. While the standard does not Include special provisions for multiple sources. It does provide a large safety factor at many sites and this provides a measure of protection against the mul tiple source problem. The Agency knows of no location where existing multiple sources of mercury will cause the am bient guideline level of one microgram of mercury per cubic meter, 30-day aver age, to be exceeded. The Agency must approve all new construction or modifi cation of sources regulated by the exceed one microgram per cubic meter. The' 'Ai'iKiy has regulated all sources that may reasonably be expected to cause an ambient mercury concentra tion of as much as one microgram per cubic meter. 30-day average. However, the Agency will continue a policy of In vestigating any source of mercury that it has reason to believe has the nntential to enaangr the public health. ' Another comment stated that the Agency should give specific suggestions, or references should be provided, for dis posing of mercury-containing sludges on standards for hazardous air pollutants approved for proposal after October 14, 1974. The amendments recommended for promulgation were approved for proposal' prior to this date, and an environmental Impact statement has not been prepared. The environmental Impact of the stand ards has been assessed, however, and is discussed In the background Informa tion document (EPA-450/2-74-009a> for thi proposed standards and In the pre amble (39 FR 38064) to the proposed standards. The energy impact resulting from the mercury standard. During the review of such construction or modification, the Agency will assess the Impact that the new or modified sources have on the ambient mercury concentration. If the land in a manner that would protect water resources. The Agency's Office of Water and Hazardous Materials Is pre paring technical publications on various alternatives for the disposal of sludges, control of asbestos waste disposal opera tions at asbestos emission sources and at waste disposal sites is expected to be in significant since this waste is already col lected and deposited at waste disposal Agency discovers a situation-where a and such materials should be available sites. Only a relatively small quantity ot source can cause the guideline ambient In the near future. additional waste material Is generated as - concentration to be exceeded, the na Several comments were made on the a result of better control of particulate tional emission standard will be reevalu mercury collection efficiency of water emissions from manufacturing and fab ated. In addition, local planning agencies scrubbers. One commentator suggested rication sources covered by the standard. have the capability to prevent multiple that the mercury collection efficiency of The major energy impact of the amend source pollution problems through individual water scrubbers should be as ments Is that resulting from the opera proper land use planning. The Agency sumed to be zero for purposes of deter tion of fabric filtration devices at manu urges these local agencies to consider mining compliance, until positively facturing and fabrication plants. It Is the impact of multiple sources on such proven otherwise. Another commentator estimated that approximately 170 bagproblems as mercury air pollution when stated that the proposed sludge sampling houses ot 1000 acfm capacity will be re making planning decisions. method should take Into account the quired to comply with the amendments. Comments were received that ques tioned whether all sludge incineration and drying plants are major sources of mercury emissions that must demon amount of mercury that would be col lected by a scrubber. The Agency has de termined that the requirements of the standard are adequate. No credit for The operation or these control devices will require the consumption of 25 mil lion kilowatt hours' per year, which 'Is strate compliance with the standard. All mercury removed by water scrubbers Is equivalent to 3900 barrels per year ot of these facilities have the potential to allowed when compliance is determined Number 6 fuel oil at the power generat emit mercury; the amount of mercury that is emitted depends upon the mercury content of the sludge and the sludge Incineration or drying rate. Ac cordingly, all such facilities must dem by sludge sampling and analysis; how ever, if the mercury stack measurement method is used to determine compliance, only the amount of mercury emitted to the outside air Is measured and any mer ing station. The energy Impact resulting from the NESHAPS amendment Is small and Is justified by the increased control of asbestos emissions. onstrate compliance with the emission cury collection by the system Is taken There Is no energy impact that results limitation promulgated herein. Into account. The Agency has determined from the regulation of mercury emissions A comment was received that the economic Impact of the proposed amend ments on some large facilities may be that sludge sampling and analysis can - be used as an alternative method to de termine maximum mercury emissions. largeTsince there may be fewor no alter- ^^^ly^accurate. The from sludge Incinerators .and dryers. Effective upon promulgation. _ (See. 113 and lit 'ot the Clean Air Act, as natives for sludge disposal. The Agency estimates that the largest mercury emis sion from an existing sludge incinerator or dryer is approximately 500'grams per day, which is approximately one-sixth of the maximum allowable emission. The time period over which sludge genera- . tlon would Increase In excess of six-fold method is also Inexpensive when com pared to a complete stack test. The following comments were received which suggested changes to Method 105 for sludge sampling: 1. A 5 percent potassium permanganate solution is difficult to prepare, and a saturated solution should be required. amended (43 US.C. I8S7C-7 and )) Dated: October 3. 1975. John Quarles, " Acting Administrator. Part 61 of Chapter I, Title 40 of the Code ot Federal Regulations is amended as follows: should provide sufficient lead time for 2. Potassium permanganate should be 1. The table of sections Is amended as planning an economically feasible alter used to stabilize mercury solutions. follows: , nate disposal method, if It Is required. The Agency therefore does not foresee a significant economic impact for the near future at any sludge Incineration or log plant. 3. Hydrozylamlne hydrochloride can Subpart A--General Provisions be used in place of the uncommon salt Sec. ;, sodium chloride-hydroxylamlne sulfate .o' - . to reduoe excess potassium permanga- - 61.17 Circumvention. nate.* - ^ ieverai comments stated that other Solutions of 5 percent potassium per Subpart B--National Emission Standard for rces such as ore*processing plants,- manganate can-be prepared at room' . Asbestos rcury compound manufacturing temperature. The Agency has no experi ints. Industrial waste incinerators, I-fired power plants, and rooms nted with mercury-contalnjng paints uld be investigated and regulated If essaiy. The Agency previously inves tigated mercury emi^nns fnm Tinnfer- rnnc secondary mercury production plants, coal-fired power ence In using potassium permanganate 61.35 .Waste disposal sites. to stabilize mercury solutions, end has, not used hydroxylamlne hydrochloride to reduce excess potassium permanga # *e o' e Subpart E--National Emission Standard for Mercury nate. The method has proved to be sat e e. e e *e isfactory without the use of the suggested 6154 Sludge sampling. ' reagents. The Agency believes that the 61-55 Emission monitoring." suggested changes are not necessary and -e.-.e e' _e ' , e plants, and solid waste Incineration the method has not been revised to ac ' - Appendix B-r-Test Methods r.. plants, and determined that these commodate these suggestions. - -- sources do not emit mercury In such Environmental and Energy Impact Method 105--Method tor determination or ^ quantities that uiey are likely to cause Environmental impact statements mercury In -wastewater treatment the ambient mercury concentration to must accompany national emission plant sewage sludges. \ FEDERAL REGISTER, VOL 40, NO. 199--TUESDAY, OCTOSE* 14,' 1975 CAPCO JEN 0010350 RUtES AND REGULATIONS ''43299 2. The authority citation at the end tions In which load-supporting'struc prohibitedr except for temporary road of the table of sections for Part 61 Is tural members are Wrecked or taken out ways on an area of asbestos ore deposits. revised to read as follows: are excluded.' " The deposition of asbestos tailings or as AuTKOMTr: Secs. 112 and 114 of the clean (n) "Planned renovation" means a. bestos-containing waste on roadways Air Act. as amended by sec. 4(a) of Pub. L. renovation operation, or a number of covered with snow or Ice is considered ' 91-604. 84 Stat. 1678 (42 O.S.C. 1857C-7,18S7 such operations, in which the amount "surfacing." r c-9). of friable asbestos material that will be <c> Manufacturing: There shall be no Subpart A--General Provisions removed or stripped within a given pe visible emissions to the outside air, ex riod of time can be predicted. Operations cept as provided in paragraph (f) of this 3. Section 61.14 is amended by revising that are individually non-scbeduled are section, from any of the following op paragraph <c> 'and adding paragraph included, provided a number of such op erations If they use commercial asbestos (d). The revised and added paragraphs erations can be predicted to occur during or from any building or structure'In read as follows: . a given period of time based on operating which such operations are conducted. . . 61.14 Source lest and analytical nielli- experience. ods. ' * * (c) The Administrator may; after no tice to the owner or operator, withdraw approval of an alternative .method granted under paragraphs (a), (b) or (d) of this section. Where the test results using an alternative method do not ade quately indicate whether a source is in compliance with a standard, the Ad ministrator may require the use of the reference method or its equivalent. (d> Method 105 In Appendix B to this part is hereby approved by the Adminis trator as an alternative method for sources subject to S 61.52(b). ' ' " 4. A new I 6i.l7 is added to subpart A as follows: 61.17 Circumvention. No owner or operator subject to the provisions of this part shall build, erect, install, or use any article, machine, equipment, process, or method, the use of . which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to. the use~of gtiseous dilutants to achieve compliance witn a visible emissions standard, and the piecemeal carrying out of an opela tion to avoid coverage by a standard that applies only to.operations larger than a spejifif ' (Subpart B--National Emission Staannddaarrdd^) ________ for Asbestos (o) "Emergency renovation" means a renovation operation that results from a sudden, unexpected event, and is not a planned renovation. Operations necessi tated by non-routine failures of equip ment axe Included. (p) "Adequately wetted" means suf ficiently mixed or coated with water or an aqueous solution to prevent dust emissions. ' . _ (q) "Removing" means taking out fri able asbestos materials used to insulate or fireproof any. pipe, duct, boiler, tank, reactor, turbine, furnace, or structural' member from any building, structure, facility, or installation. - (r) "Stripping" means taking off fri able asbestos materials used for insula tion or fireproofing from any pipe, duct, boiler, tank, reactor, -turbine, furnace, or structural member. - \ (s) "Fabricating" means any process-) ing of a manufactured product contain ing commercial asbestos, with the ex ception of processing at temporary sites*' for the construction or restoration of buildings, structures, facilities or instal lations. (t) "Inactive waste disposal site" means any disposal site or portion thereof where additional asbestos-con- . tabling waste material will not be depos ited and where the surface Is not dis turbed by vehicular traffic. (u) "Active waste disposal site" means any disposal site other than an inactive site. '<10) The manufacture of shotgun shells. .' (11) The manufacture of asphalt con crete. (d) Demolition and renovation: The requirements of this paragraph shall apply to any owner or operator of a demolition or renovation operation who intends to demolish any Institutional, commercial,-or industrial building (in cluding apartment buildings having more than four dwelling units), structure, facility, Installation, or portion thereof which contains any pipe, duct, boiler, tank, reactor, turbine, furnace, or struc tural member that is insulated or fire proofed with friable asbestos material, except as provided in paragraph (d) (1) .of this section; or who intends to reno vate any institutional, commercial, or in dustrial building, structure, facility, in stallation, or portion thereof where more than 80 meters Cca. 260 feet) of pipe in sulated or fireproofed with friable as bestos material are stripped or removed, or more' than 15 square meters (ca. 160 square feet) of friable asbestos material used to insulate or fireproof any duct, boiler, tank, reactor, turbine, furnace, or structural member are stripped or re moved. (1) (i) The owner or operator of a demolition operation is exempted from the requirements of this paragraph pro vided, (1) the amount of friable asbestos material ' In the building or portion thereof to be demolished is less than SO . 5. Section 61.21 Is amended by revising paragraph (j) and adding paragraphs <k), Cl), (m), (n), (o), (p), Cq), (r), (s). (t), (u), (v), and (w). The revised and (v) "Roadways" means surfaces on which motor'vehicles travel including, but not.limited to, highways, roads, streets, parking areas, and driveways. meters (ca. 260 feet) used to insulate pipes, and less than 15 square meters (ca. 160 square feet) used to insulate or fire proof any duct, boiler, tank, reactor, tur added paragraphs read as.follows: (w) "Asbestos-containing waste"mate bine, furnace, or structural member, and 61.21 Definitions. rial" means any waste which contains (2) the notification requirements of par . * . * commercial asbestos and is generated by agraph <d) (1) <U) are met.' a source subject to the provisions of this (ii) Written notification shall be post (j) `Demolition" means tile wrecking subpart, including asbestos ml'.l tailings, marked or delivered to the Administrator or taking out of any load-supporting control derice asbestos waste, friable as at least 20 days prior to commencement structural member and any related re bestos waste material, and bags or con of demolition an;! shall include the in ' .moving or stripping of .friable asbestos materials. (k) "Friable asbestos material" means any material that contains more than 1 l percent asbestos by weight and that can I be crumbled, pulverized, or reduced to 1 powder, when diy, by hand pressure. . (l) "Control device asbestos waste" means any asbestos-containing waste material that is collected in a pollution control device. ... . tainers that previously contained commercial asbestos. . 6. Section 61.22 is' amended by amend ing paragraphs (c) and (e), revising paragraphs (b), (d), (f), and (g) and adding paragraphs (hi, <l), (j), (k), and (1). The revised and added paragraphs read as follows: . . g 61.22 Emission standard. . . . formation required by paragraph (d) (2) of this section, with the exception of the Information requiied by paragraphs (d> (2) Oil), (vi). CvII), (viil), and (ix),and shall state the measured or estimated amount of friable asbestos material used * for Insulation and fireproofing which is present. Techniques of estimation shall be explained.; '' (2) Written notice of intention to de molish or renovate shall be provided to <m) "Renovation'! means the remov (b). Roadways: The surfacing of road the Administrator by the owneror opera ing or stripping of friable asbestos mate ways `with asbestos tailings or with as tor of the demolition or renovation oper rial used to Insulate or fireproof any bestos-containing waste that Is gener ation. Such notice shall be postmarked pipe, duct, boiler, tank, reactor, turbine, ated by any source subject to paragraphs ' or delivered to the Administrator at least furnace, or structural member. Opera- (ei; <d), (eV'or (h> of this section is 10 days prior to commencement of demo- FEDERAt REGISTER, VOL 40, NO. 159--TUESDAY, OCTOBER 14, 197S* CAP CO JEN 0010351 -18300 RULES AND REGULATIONS , litlon. or as early as possible prior to wrecking or dismantling of any other members shall, to the maximum extent commencement of emergency demolition portion of r ' building, structure, possible, be removed as-units or In sec- ' subject to paragraph (d> (6) of this sec facility, or installation that would pre tlons prior to wrecking. In no case shall tion; and as early as possible prior to clude access to such materials for sub the requirements of paragraphs (d> (4) - commencement of renovation. Such no sequent removal. Removal of friable- (lv) or (d)(4Hv>'be suspended due to'"- tice shall include the following informs- . asbestos materials used for insulation freezing temperatures. tton: . . or fireproofing of any pipe, duct, or (vll) For renovation operations, local (I) Name of owner or operator.; structural member which are encased in exhaust ventilation and collection sys (II) Address of owner or operator. concrete or other similar structural ma tems may be used. Instead of wetting as (110 Description of the building, struc terial Is not required prior to' demoli specified in paragraph (d> <4) til), to pre ture. facility, or Installation to be de tion. but such material shall be ade vent emissions of particulate asbestos-' molished or renovated. Including the quately wetted whenever exposed dur material to outside air when damage to ' size, age, and prior use of the structure, ing demolition.;; equipment resulting from the -wetting Mia the approximate amount of friable til) Friable asbestos materials used would be unavoidable. Upon request and aabes&aa materialused foe Insulation and to insulate or fireproof pipes, 'ducts, supply of adequate information,- the Ad- . fireproofing. . boilers,-tanks, reactors, turbines, fur mlnlstrator will determine whether dam (lv) Address or location of the build naces, or structural members shall be. age to equipment resulting from wetting ing, structure, facility, or installation. adequately wetted during stripping, ex to comply with the provisions of this par (v) Scheduled starting and comple cept as provided in paragfaphs (d) (4) agraph would be unavoidable. Such local . tion dates of demolition orrenovation. - (lv). (d)(4) (vl) or (d)(4) (yii) ot this exhaust ventilation systems shall be de (vl) Nature'of.planned demolition or section. i signed and operated to capture the asbes renovation and inethod(s) to be em (til) Pipes, ducts, boilers, tanks, re tos particulate matter produced by the ployed. " actors, turbines, furnaces, or structural stripping and removal of friable asbestos (vll) Procedures to be employed to members that are. Insulated or fire material. There shall be no visible emis meet the requirements of this paragraph proofed with triable asbestos materials sions to the outside air from such local and paragraph (j> of this section. - may be taken out of any building, struc exhaust ventilation and collection sys (vUl) The name and address or loca ture, facility,-or Installation subject to tems, except as provided in paragraph tion of the waste disposal site where the - this paragraph as units or in sections (f) of this section. friable asbestos waste will be deposited. 'provided the friable asbestos materials (5) Sources subject to this paragraph Ox) Name, title, and authority of the' exposed during cutting or disjointing are are exempt from the requirements of State'or local governmental representa adequately wetted during the cutting i 1 61.05(a), 61.07, and 61.09. tive who has ordered a demolition which or disjointing operation. Such units (6) The demolition of a budding, struc is subject to paragraph <d> (6) of this shall not be dropped or thrown to the ture, facility, or installation, pursuant to section. ground, but shall be carefully lowered an order of an authorized representative (SHU For purposes of determining to ground level. of a State or local governmental agency, whether a planned renovating operation (lv) The stripping of friable asbestos issued because that building is,structur constitutes a' renovation within the materials used to insulate or fireproof ally unsound and in danger of imminent meaning of this paragraph, the amount any pipe, duct, boiler, tank, reactor, tur collapse is exempt from all but the fol-. of friable asbestos material.to be re bine, furnace, or structural member that lowing requirements of paragraph (d) of moved or stripped shall be: has been removed as a unit or in sections this section: (A) For planned renovating opera as provided in paragraph (d> (4> (ill) of (1) The notification requirements spec tions involving Individually non-sched- this section shall be performed In ac- ified by paragraph (d) (2) of tbls section;' uled operations, the additive amount of 'cordance with paragraph (d)(4)(11) of . Hi) The requirements on stripping of friable asbestos material that can be pre this section. Rather than comply with .friable asbestos materials from previously dicted will be removed or stripped at a the wetting requirement, a local exhaust ' removed units or sections as specified in source over the maximum period of time ventilation and collection system may paragraph (d) (4) (iv) of this section; for which a prediction can be made. The be used to prevent emissions to the out (ill) The wetting, as specified by para period shall be not less than 30 days and side air. Such local exhaust ventilation graph (d)(4)(v)'of this section, of frl- * not longer than one year. systems shall be designed and operated able asbestos materials that have been (B> For each planned renovating op to capture the asbestos particulate mat removed or stripped; eration not covered by paragraph (d) (3) ter produced by the stripping of friable (iv) The portion of the structure being (i) (A), the total amount of friable as asbestos material. There shall be no demolished that contains friable asbes- . bestos material that can be predicted visible emissions to the outside air from tos materials shall be adequately wetted will be removed or stripped at a source. such local exhaust ventilation and col during the wrecking operation. (li> For purposes of determining lection systems except as provided in (e) to1 * whether an emergency renovating op paragraph W ot this section. (2) Any owner or operator who In eration constitutes a renovation within (v) All friable asbestos materials that tends to spray asbestos materials which tire meaning of this paragraph, the have been removed or stripped shall" be contain more than 1 percent asbestos on -amount of friable asbestos material to adequately wetted to ensure that such a dry weight basis to Insulate or fireproof be removed or stripped shall be the total materials remain wet during all remain-' equipment and machinery shall report .amount of friable asbestos material that ing stages of demolition or renovation such intention to the Administrator at will be removed or stripped as a result and related handling operations. .Such least 20 days prior to the commencement ' of the sudden,' unexpected event that materials shall not be dropped or thrown ot the spraying operation. Such report necessitated the renovation. CO The following procedures shall be to the ground or a lower fioor. Such ma terials that have been removed Or shall Include the' following Information: used to prevent emissions of particulate stripped more than 50 feet above (f) -Rather than meet the no-vlslble- asbestos material to outside air: ground level, except those materials re emlsslon requirements as specified-by (1) Friable asbestos materials,' used moved as units or in sections, shall be to insulate or fireproof any pipe, duct, transported to the ground via dust-tight boiler,, tank, reactor, turbine, furnace, "chutes or containers. , or structural member, shall be removed - <vi) Except as specified below, the wet from any building, structure; facility or ting requirements of this paragraph are installation subject to this paragraph. suspended when the temperature at the Such removal shall occur before wreck point of wetting Is below 0*C (32*F). paragraphs (a>, (ci.Cd), (e), (h), (j), and (k) of this section, an owner or operatdT may elect to use the metnods spec-^ Hied to' f Pi-zj to mean emiisinns rnntattSng particulate asbestos material be. fore alien emissions escape to, or arc vented to, the outside air. . ing or dismantling of any portion ot .When friable asbestos materials are not (g) Where the presence of uncombined ' such building, structure, facility, or In . wetted due to freezing temperatures,such water is the sole reason for failure to stallation that would break tip the fri materials on pipes, ducts, boilers, tanks, meet the no-vlsible-emisslim requlre- able asbestos materials and before reactors, turbines, furnaces, or structural ' meat of paragraphs (a), (c), <d>, (e), * FEDERAL REGISTER, VOL 40, NO. 199--TUESDAY, OCTOBER 14,' WS CAPCO JEN 0010352 RULES AND REGULATIONS 48501 (h>, (j), or (It) ol this section,sueh fail shall be labeled , with a- warning label temperature at the waste disposal site is ure shall not be a violation of such emis tnat states; - less than --9.5`C (ca. I5'F). The ambient sion requirements. Caution , air temperature shall be determined by (h) Fabricating: There shall he'no risible emissions to tbf nnKifi n|y >v- Contains Asbestos Avoid Opening or.Breaking Container an appropriate measurement method with an accuracy of 1*C (2*F) and cept as provided In paragraph (t) of this Breathing Asbestos la Hazardous recorded at least at hourly intervals dur section, from any oi the following op to Tour Health ing the period that the operation of the erations If they use commercial asbestos or from-any building or structure in Alternatively, warning labels specified' wetting system Is suspended. Records of bv ommational" faaletv nnn Health such temperature measurements shall be which such operations are conducted. (1) The fabrication of cement building products.' - . ................--V (2) The fabrication of friction prod ucts, except those operations that pri Standards of the Department of Labor, retalned-at the source for a minimum of Occupational Safety and Health Admin two years and made available for inspec istration (QSKAI under 29 CFR 1910.- tion by the Administrator. - 93a(g) (2) (11) may be used. . a) The owner of any inactive waste <il> Processing ox asbestos-containing .disposal site, which was operated by nldmIaot.edmcobane.aoeaflfuntsearta(vtit(leltne1ueckar3mcihrci)rhtlgoil)niareslboosedymiIesmtcoTnaftiwropnIaamyfhdsnatcoharglrhisuentsedoirreev,pclagtrnfaemsraftchaag,ihospehtailnbiaariltaeianrnlacrelarsrtrurglevseipmlesectaswct:eirgbhstasa;fitoeiMuanh.riboltoildslllliitetaeaaosnocinteoslobdtahlbns;ntdisoonlwtoeeaaiosamfnooarhdrr.fnsfaaeinttneice,Tcdncitdastntohhreadhsippsorofmlehtrylpcwuhonoaaiae-nleleedpywrayflimndelulstrtiea-totnui;rcoanafpcvnogfsfoopgtreoipisetrisvintpnrcanluimreisytoltseibtiafainr.iernvuod'laeliosliedenss;r;-;l :.."'''w.tcpstgdwsm5iainioTpoeae.o.a6i(a((eanlnsmnn1sBl4Aetpctatist.e)aenoe2)ith)cfsrit5igl"cne.iiodFaatAm.Too(.idiionnlosrjhtrwlasi)dhdnglprne,othaaeoerstnaptsetharwhtoachlaaieplenaeeuaslrsebdrlrabtshses-omtpgeIswitaientcfdehursreoaliateeealtrrtsortophmpmpnemsbsoaehworsne-aseisivtcahrio(etahdnaoelfanisnfecl)tnIgrronli-nhiooatoaofodarptasmnvlofifiaf,sranditorsbnhiebatetnoveiehhopiblpgiapsexsisoenolpssetecissop-olbefr-icfeiseeoaenterppwoec-irdrtssmacattaidmlaotiiobootresineansotaasnsltcoesdse-:f-.t-' ' such materials are regulated* under covered by paragraph (d) of this sec 5 61.22(e).- :- ' (j) Waste disposal for manufacturing. fabricating. demolition, renovatldft and spraying operations: The owner or op erator of any source covered under the tion Includes only friable asbestos waste and control device asbestos waste. <k) Waste disposal for'asbestos mills: -.The owner or operator of any source ' covered under the provisions of para provisions of paragraphs (c), <d>, (e>, or (h) of this section shall meet the fol lowing standards: . (1) There shall be no visible emissions to the outside air, excEPfus'pruvideirin paragraph (J)(3) of this section, dur ing the collection; processing, including Incineration; packaging; transporting; graph (a) of.this section shall meet the following standard; - (1) There shall be no .visible emis sions to the outside air, except as pro vided in paragraph (k) (3) of this section, during the collection, processing, pack aging,..transporting..or. .deposition of any. asbestos-containing waste mate sources covered under 61.22 (a), (c) or (h) and where asbestos-containing waste material produced by such sources was deposited,' shall meet the following standards: (1) There shall be no visible emissions to the outside air from an inactive waste disposal site subject to this paragraph, except as provided in paragraph (1) (5) . of this section. .- (2) Warning signs shall be displayed at all entrances, and along the property 'line of the site or along the perimeter of the Sections of the site where asbestoscontaining waste material was deposited, at intervals of 100 m (ca. 330 ft) or less, except as specified in paragraph (1) (4) of this section. Signs shall be posted in such a manner and location that a person may easily read the legend. The warning signs required by.this paragraph shall conform to the requirements of 20" x 14" upright format signs specified in 29 CFR 1910.145(d)(4) and this paragraph. The signs shall display the following legend in the lower panel, with letter sizes and styles of-a visibility at least equal to those specified in this paragraph. LECEND - or deposition of any asbestos-containing rial which is generated .by such source. Asbestos Waste Disposal Site waste material -which is generated by _(2);.A11 asbestos-containing waste'ma such source. -- terial shall be Tdeposited.' at waste (2) All asbestos-containing waste ma terial shall be deposited -at waste dis disposal sites which are operated in ac cordance with the provisions of 5 61.25. - Do Hot Cleat* Dust Breathing Asbestos is Hazardous to Tour Health posal sites which are operated in accord (3) Rather than meet the requirement, ' . .notation ' ancewith the provisions ol { 61 25. of paragraph <k> (1) of this section, an (3) Kather than meet the requirement owner or operator may elect to meet of paragraph 0) (1) of this section, an the '.following requirements in-para . 1" Sacs Serix, Gothlc-or Block 51" Sans Serif, Gothic or Block owner or operator may elect to use graphs (k)(3> (1) -and (ii), or use an . 14 Point Gothic either of the disposal methods specified under (J) (3) (i) and (ii) oi this section, or an alternative disposal method which has received prior approval by the Ad ministrator: (i) Treatment of asbpstoi.crmt.nlnlng waste material with water: r 1A> L'DiHi 61 device aibestos waste shall be thoroughly mixed with water into.a 'alternative disposal method which has received prior approval by the Admin-' istrator: (1) There shall be no visible emissions to the outside air from the transfer of control device asbestos waste, to the ' tailings conveyor, except as provided in . paragraph (f) of tills section. Such waste shall be subsequently processed either Spacing between lines shall be* at least equal to the height of the upper of the two lines.- (3) The perimeter of the site shall be fenced in a manner adequate to deter access by the general public, except as ~ specified in paragraph (1)(4> of this section. ' slurry and other asbestos-containing as-specified In paragraph (k)(3)(U) of. (4) Warning signs and fencing are not tfasle material shall be adequately this section or as specified in paragraph required where the requirements of wetted. There shall be no visible emis (j) (3) of this section.'. paragraphs (1) (5) (i) or (ii) of this sec sions to the outside air from the collec tion, mixing and wetting operations, ex cept as provided in paragraph (f) of this section. ; ' ' (B) After wetting, all asbestos-con taining waste material shall be sealed into leag-ugnt containers wniie wet, and . (Ii) All . asbestos-containing waste material shall be adequately mixed, with a wetting agent recommended by the manufacturerof the agent to effectively wet dust and tailings, prior to'deposition -at a waste disposal site. Such agent shall be used as recommended for the partic tion are met, or where a natural barrier adequately deters access by the general public. Upon request and supply of ap propriate Information, * the Adminis trator will determine whether a fence or a natural barrier adequately deters ac cess to the general public. ......... 'such containers shall be deposited at ular dust by the manufacturer of the . (5) Rather than meet the requirement waste disposal sites which are operated agent. There shall be'no discharge of of paragraph (1) (1) of this section, an in accordance with the provisions ol visible emissions to the outside air from owner may elect to meet -the require 5 61.25. ' - the wetting operation except as specified ments of this paragraph, or may use an (C) The containers specified under In paragraph (f) of this section. Wetting alternative control method for emissions paragraph 0H3) (i) <B> of this section may -be-suspended-when the ambient from inactive waste disposal sites which FEDERAL REGISTER, VOL 40, NO. 199--TUESDAY, OCTOBER 14, 1975 CAPCO JEN 0010353 4S302' RULES AND REGULATIONS has received prior approval, by the disposal site where asbestos-containing and controls wind erosion. Such agent Administrator. waste material has been'deposited, except shall be used as recommended for the (1) The asbestos-containing .waste as provided In paragraph (e) ~>t this particular dust by the dust suppression. . material shall be covered with, at least section. .agent manufacturer. Other equally ef 15 centimeters tea. B Inches) of com .. (b) Warning signs shall be displayed fective dust'suppresston agents may be pacted non-asbestos-containing mate at all eSHiahcesTaml"along the property used upon prior approval by the Admin rial, and a cover of vegetation shall be line of the site or along the perimeter of istrator. For purposes of this paragraph, grown and maintained on the area ade the sections of the site where asbestos- waste crankcase oil Is not considered a quate to prevent exposure of the asbes containing waste material is deposited, dust snmwfslnn agent--------- --------- - tos-containing waste material; or (it) The asbestos-containing waste material shall be covered with at least 60 centimeters (ca. 2 feet) of compacted non-asbestos-containing material and at Intervals of 100 m (ca. 330 ft) or less except as specified In paragraph (d) of this section. Signs shall be posted In such a manner and location that a person may easily read the legend. The warning /subpart e--National Emission Standard^ V . for Mercury --^ 10. Section 6120 is revised to read as follows: maintained to prevent exposure of the asbestos-containing waste; or (ill) For Inactive waste disposal sites for asbestos tailings, a resinous or petro leum-based dust suppression agent which effectively binds dust and controls wind erosion be applied. Such agent shall be used as recommended tor the partic ular asbestos tailings by the dust sup signs required by this paragraph shall conform to the requirements of 20" x 14" upright format signs specified in 29 CFR 1910.145(d) (4) and this paragraph. The signs shall display the following legend in the lower panel, with letter sizes and styles of a visibility at least equal to those specified In this paragraph. txeztto g 61.50 Applicability. . The provisions of this subpart are ap plicable to those stationary sources which process mercury ore to recover tflefCUiy, use mercury chlor-alK-all cells to produce . chlorine gas and alkali metal hydroxide, and Incinerate or dr? wastewater treat ment plant sludge. : pression agent manufacturer. Other equally effective dust suppression agents Asacsros Wist* Disposal Srrr 11. Section 61.51 is amended by adding paragraphs (D and (m> as follows: may be used upon prior approval by the Administrator. For purposes of this para-graph, waste crankcase oil is not con So Not Crest* Dust Breathing Ashestoe Is Hazardous to Tour Health . 6 1.51 Definitions.' sidered a dust suppression agent.' 7. The first sentence In 5 61.23 Is re vised as follows: Notation - i" Sans Serif, Gothic or Block *i" Sans Serif. Gothic or Block - (1) "Sludge" means sludge produced by a treatment plant that processes munlclpal or Industrial waste waters. (m) "Sludge dryer" means a device 61.23 Air-Cleaning. . If air-cleaning Is elected, as permitted by 55 61.22(f) and 61.22(d) (4) (iv), the it Point Gothic ' Spacing between lines shall be at least used to reduce the moisture content of sludge by heating to temperatures above 65*C (ca. 150*F) directly with combus requirements of this section must be met. equal to the height of the upper of the tion gases. * 8. The first sentence In 5 61.24 is re vised and redesignated as paragraph (e) two lines. (c) The perimeter of the disposal site shall be fenced In order to adequately deter access to' the general public except 12. Section 61.52 Is revised to read a3 follows: 61.52 Emission standard. and new paragraphs (c) and (d) are added as follows: as specified in paragraph (d) of this section. "' (a!)" Emlsslons to the atmosphere from mercury ore processing facilities and t 61.24 Deporting. (d) Warning-'-jlgns and fencing are mercury cell chlor-alkall plants shall not not required where the requirements of exceed 2300 grams of mercury per 24- (c) For sources subject to 55 61.22(j>. paragraph (e> (1) of this section are hour period, t and 61.22 (k): met, or where a natural barrier aBe- (b) Emissions to the atmosphere from (1) A brief description of each process cuatelv* n-rers acress to the general sludge incineration plants, sludge drying that generates asbestos-containing waste public. Upon request and supply of ap plants, or a combination of these .that material.. propriate information, the Administra process wastewater treatment plant (2) The average weight of asbestos- tor will determine whether a fence or a sludges shall-not exceed 3200 grams of containing waste material disposed of, natural barrier adequately deters access ' mercury per 24-hour period. measured In kg/day. (3) The emission control methods used in all stages of waste disposal. to the general public. (e) Rather than meet the require ment of paragraph (a) of this section, an 13. Section 61.53 Is amended by adding .paragraph (d) as follows: (4) The type of disposal site or Incin eration site used for ultimate disposal, owner or operator may elect to meet the requirements of paragraph (e) (1) or 61.53 Stack sampling. * the name of the site operator, and the (e) (2) of this section, or may use an al (d) Sludge incineration and drying name and location of the disposal site. ternative control method for emissions plants. (d) For sources subject to 5 6122(1): from active waste disposal sites which (1) .Unless a waiver of emission testing (1) A brief description of the site. . has received prior approval by the Is'obtained under 5 61.13,' each owner or . (2) The method or methods used to Administrator. 1 operator of a source subject to the stand comply with the standard, or alternative' (1) 'At the end of each operating day. ard in 5 61.52(b) shall test emissions from procedures to be used. .'. or at least once every 24-hour period that source. Such tests shall be conducted (e) Such InformaHon^ shall accom while the site is In continuous, operation, in accordance with the procedures set pany the Information required by 5 61.10. the asbestos-containing waste material forth either in paragraph (d> of this The information described in this section which was deposited at the site during section or in 5 61.54. shall be reported using the format of the operating day or previous 24-hour (2) Method 101 In Appendix B to this Appendix A of this part. period shall be covered with at least 15 part shall be used to test emissions as 9. A new section 61.25 is added to subr>-irt B as follows: 61.25 TCaste disposal sitesT^ centimeters (ca. 6 inches) ol compacted non-asoestos-contaming material. . (2) At the end of each operating day, or -at least once every 24-honr period follows:. <1> The test shall be performed within 90 days of the effective date of these regulations In the case of an existing in oroer to be an acceptable site tor .while the disposal site is in continuous source or a new. source, which has an disposal of asbestos-conlaming waste operation, the asbestos-containing waste initial startup date preceding the effec- material under 5 bl.zz tji and txj. an material which was deposited at the site tive date. . ... active waste disposal site shall meet the during the operating day or'previous 24- "(ID The test shall be performed within re<?Ct.unents of tills bCvlluitr ' hour period shall be covered with a res SO days of startup in the case of a new (a) There shall be no visible emissions inous or petroleum-based dust suppres source which did not have an Initial to the outside air from any iCll.'C Units' sion agent wmen effectively binds dust startup date preceding the effective date.- FEOERAl REGISTER, VOL 40, NO. 199--TUESDAY", OCTOBER 14, 17S CAPCO JEN 0010354. Rtll.ES AND REGULATIONS 4S303 < (3) The Administrator shall be noti (2) The maximum 24-hour period (f) All sludge samples shall be ana fied at least 30 days prior to an emission sludge incineration or drying rate shall lyzed for mercury content within 30 days ' test, so that he may at his option observe be determined by use of a flow: ate meas after the sludge sample Is collected. Each the test. urement device that can measure the determination shall be reported to the. (4) Samples shall be taken over such mass rate of sludge charged to the In Administrator by a registered letter dis a period or periods as are necessary to cinerator or dryer with an accuracy of patched before the close of the next busi determine accurately the maximum tfc5 percent over its operating range. ness day following such determination. emissions which will occur In a 24-hour Other methods of measuring sludge mass (g) Records of sludge sampling, charg period. No chances shall be made in the charging rates may be used if they have ing rate determination and other data operation which would potentially in received prior approval by the Adminis needed to determine mercury content, crease emissions above the level deter trator. of wastewater treatment plant sludges mined by the most recent stack test, un (3) The handling, preparation, and shall be retained at the source and made til the new emission level has been esti analysis of sludge samples shall be ac available, for inspection by the Admin- mated by calculation and the results re complished according to Method 105 in .istrator, for a minimum of 2 years. ' ported to the Administrator. (Si All samples shall be analyzed, and Appendix B of this part. (d>' The mercury emissions shall be 61.55 Emission monitoring. l. mercury emissions shall be determined determined by use of the following (a) Wastewatertreatmentplantsludge within 30 days otter the stack test. Each equation: incineration and drying plants. All such determination shall be reported to the **>1 x to-* e<? Administrator by a registered letter dls- where patched before the close of the next busi ness day following such determination. (6) Records of emission test results jr-Mereury emissions, g/dxy. c --Mercury concentration of sludge on s dry solids basis, eg/g (ppm). Q -Sludge charging rate, Icg/day. and other data needed to determine total sources for which mercury emissions ex ceed 1600 g/day, demonstrated either by stack sampling according to 5 61.53 or - sludge sampling according to {61.54, shall monitor mercury emissions at inter vals of at least once per year by use of , emissions shall be retained at the source (e) No changes in the operation of a Method 105 of Appendix B, or the proce and shall be made available, for inspec plant shall .be made after a sludge test dures specified in 5 61.54(c) and (d). The tion by the Administrator, for a mini has been conducted which would poten results of monitoring shall be reported mum of 2 years. . tially increase emissions above the level and retained according to I 61.53(d) (5) 14. Sections 61.54 and 61.55 are added as follows: 61.5-4 Sludge sampling. (a) As an alternative means for determined by the most recent sludge test, until the new emission level has been estimated by calculation and the results reported to the Administrator. and (6).or l 61.54(f) and (g). j 15. Appendix A Is revised to a new re porting format, and sections (I) (C) and (I) CD) are added as follows: < demonstrating compliance with 5 -61:52 (b), an owner or operator may use APPENDIX A Method 105 of Appendix B and the proce dures specified in this section. (1)A sludge test shall be conducted within SO days of the effective date of these regulations in the case of an exist Hittorn! Emission Standards for Hazardous Air Pollutants Corpliance Status Information ing source or a new source which has an. initial startup date preceding the effec tive date; or 1, S3CRCE REPOST (21 A sludge test shall be conducted within 90 days of startup In the case of a new source which did not have an initial startup date preceding the effective date. INSTRUCTIONS: Owners or operators ef.sources Of hazardous pollutants subject to the national Enission Standards for Hazardous Air Pollutants art required to submit the inforration contained (b> The Administrator shall be notified at least 30 days prior to a sludge sampling test, so that he may at his option observe the test. (c) Sludge shall be sampled according In Section I to the appropriate U.S. Environmental Protection Asency p.ejional Office prior to 93 days after the effective date of tr.y standards or arend` rents which require the submission of such Inforration. . to paragraph (c)(1) of this section, A list of reptonal offices is provided in 161.04. sludge charging rate for the plant shall be determined according to paragraph ' A. STOLE nirOPyATlOH .. ____________________ ' (c)(2) of this section, and the sludge analysis shall be performed according to "l, Identificatien/Location - Indicate the nine and address of each source. paragraph (c) (3) of this section. (1) The sludge shall be sampled after t2 ReplOn 34 Safe 5____ 8 County ' 9 13 0 00 oo Source lumber ir Ts 17--T3 T5\ dewatering and before Incineration or drying, at a location that provides a representative sample of the sludge that is charged to the incinerator or dryer.' Eight consecutive grab samples shall be obtained at intervals of between 45 and 60 minutes and thoroughly mixed into' one sample. Each of the eight grab sam 20' 22 EPT 23_____26 __ City Code 2T Source hast T6 Dup 1-1S TS 47 Street Address (Location of Plant) (TS 55TT 25 l City tlame 34 __ .State 35 35 ples shall have a volume of at least 200 ml but not more than 400 mb A total of three composite samples shall be ob tained within an operating period of 24 hours. When the 24-hour operating pe-riod is not continuous, the total sam .. 55 ' 58 40 State Kepis, tiucser T4 JiEDS Oef. -snrr r- e 77 79 65 'SIC "62 TF ' WP 64 -6S ' pling period shall not exceed 72 hours after the first grab sample Is obtained. Samples shall not be exposed to any con Dap 1-18 5 TS ts STp ft 33 31 49 dition that may result In mercury con tamination or loss. 2. Contact - Indicate the nine end telephone wrier of the ewner or operator or other resjjnsiile official whoa EPA may contact concerning this report. FEDERAL REGISTER, VOL 40, NO. 199--TUESDAY, OCTOBER 14, 197S CAP CO JEN 0010355 '48304 ; '/ ' RULES AND REGULATIONS tup 1-18 ir^ro 2T luae ?3 5445 _______- _____ AmToEi 47 liufcber 54 . 5? . .. 3, Source Inscription - Briefly state the nature of the source (e.g.* 'Chloremail Plant" or `fachtne Shop"). ... tup 1-18 4 2 irTo 21" Description To . - .J ... 81 continued TTT . 79 ' - T5 ' 4. Alternative Ha'Wno Address - Indicate an i1temtlvt (selling address IT correspondence Is to be directed to i iocetlon different than that specified above. . ., tup 1-18 4 3 . ~~ _________ 1? Zo 2l, (lumber street cr box tlueber i45 80 tun 1.18 4 4 37 38 ". . .. . . 15 JfO 2T-.-------Ci'tyT ------------ 53 . State 41"7TpT4 W S. Cotollance Status - The emissions froo'thls source __can cannot cieet . the emission limitations contained In the national tmisslcn standards on or prior to 90 days after the effective date of any standards or amendments ; Khlch require the submission of such Information. ' __________ sicnature or Dwrcr* Operator or ether responsible Official *KOYe: if the emissions from tne source Hill exceed those Units sec cy the national Scission Standards for hazardous Air Pollutants* the source Hill be In violation and . subject to federal er.forcerent actions unless granted e waiver of compliance by the Administrator of the U.S. Environmental Protection Aser.cy. The Infcrcatlon needed for such waivers Is listed in Section 11 of this fora. 8. Process ISFCiewniW. Part 8 should be completed-separately for each point of . ...... emission ter each hazardous pollutant. [Sources subject to 61.22(1) cay omit. .. number 4. below.) - . . tup 1-13 . ir~T6 00 5 17--Ta 15 25 TOT 77 25 ?9 35 3T ' hECS X P.ef IS SIP ,r EEDERAl REGISTER, VOL 40, NO. 199--TUESDAY, OCTOBER T4, 1975 CAP CO JEN 0010356 RULES AND REGULATIONS 1. Pollutant Emitted Indicate the type-of hazardous pollutant emitted by the process. Indicate *A3" for asbestos, 'BE* for berylliua, or "Hi" for mercury. 32 33 Pollutant 3i Regulation 48 4? EC 2. Process Peserlptlon - Provide a brief description of each process (e.c., `Hydrogen end box" In a mercury chlor-alkali plant, "grinding machine* in a beryllium machine shop). Use additional sheets If necessary. " 53 * . * Process Description . - it ' OT " Dup 1-18 6 1 is za Zl . S3 51 Dup 1-18 . 6 2 ' *S. * * .ijttto. 21 \' . ' ,79 80 . ,,. ' .N. . 50 / .. 51 13 80 Amount of Pollutant - Indicate the average weight of the hazardous material named in Item 1 which enters the process in pounds per month (based on the previous twelve .months of operation)...... Dup 1-18 * 6313 ?0 ZT ~zr zr lbs.tea. "35 - 4. Control Devices - ` . T, indicate tne type of pollution control- devices, if any, used to reduce the emissions from the process (e.g., venturi scrubber, beghouse, wet cyclone) and the estimated percent of the-pollutant which the device . removes frcn the process gas stream. Dup 1-18 6 4 19 20 21 PRIMARY CONTROL DEVICE: ' 43 45 Primary Device (lame -66 70 64 Percent Removal' 72 /9 ST :48305 .I KDEMl RECI5TER, VOL 40, NO. 199--TUESDAY, OCTOBER-14, 1975 CAP CO JEN 0010357 um RULES AND REGULATIONS Dud 1-18 6 S 19. 20 2l - SECONDARY CONTROL DEVICES: ~'(S <77 Secondary Levies Mr. . -i EFFIC. T4 6T^ TO 72------------- 79 Percent Removal Efficiency W b. .Asbestos Emission Control Devices Only 1. If a baghouse is specified in-Item <a, give the following, information: . ` The air flow permeability-in cubic feet per minute per square . foot of fabric area. ' . Air flow oerreabPlity cfm/ft* . ` The pressure drop in inches water gauge ecrqss the filter - .. at which the begheuse is operated. Cperatir.g cressuce drop '. inches w.g. If the bag'ecuse material contains synthetic fill yarn, check whether this material is /_ / spun / / or not spun. . - If the haghouse utilizes a felted fabric, give the minimum ' thickness in inches and the density in ounces per square yard. _ ' .* Thickness _____ inches ~ Censitv * .a oa/yd ii. If a wet collection device is specified in Item <a, give the designed unit contacting energy in inches water gauge. Unit contacting energy J_______ Inches w.gi . C. DISPOSAL OF ASBESTOS-CCNTAINTW HASTES. 'Part C Should be completed separately ' fer each asbestos-containing waste generation operation arising from sources subject to 161.22(a), (c), (e), end (h).- _______ _________ Cup 1-13 00 5 i?~T6 IT 13 it 20 i --27 2ST9 25 5T USDS X Ref CS SIP - AB 32 33 3% Pollutant Regulation <S XT EC FEDERAL REC.stIR, VOL 40, NO. 199--TUESDAY, OCTOBER H, 'l97J . CAP CO JEN 0010358 rules And regulations 7. Waste Generation - provide t brief description of each process that . generates asbestos-containing waste (e.g. disposal of control device wastes). SO Process Description J3 W 2. Asbestos Concentration - Indicate the average percentage asbestos content of these materials. ...... Dus 1-18 6 1 ASBESTOS CONCEHTRATIOH; ir-2> 21---------------- ------------------ 45 ------ 46 OT W 3, Amount of Wastes - Indicate the average weight of asbestos-containing wastes disposed of, measured In ks/diy. Dup 1-18 6 2 15 26 2T n 27 w~ 4. Control Methods - Indicate the emission control methods used In all stages of waste disposal, from collection, processing, and packaging to transporting and deposition. Duo 1-18 6 3 13--73 21 Primary Control Method --------------------- 43 47 Dup 1-18 ' 6 4 19 id 2T 79 57 so- si------------------ :----------------------- ;--------------- ~79 w 5; Waste Disposal - Indicate the type of disposal site (sanitary landfill, open, covered)' or incineration site (municipal, private) where the waste is disposed of and who operates the site (co-.pany, private, municipal). State the nas* and location of the site (closest city or town, county, state). Dun 1-18 6 5 15 73 21 TYPE OF SITE? 73 3s "50 5T 7j r. 48307 FEDERA1 REGISTER, VOL <0, NO. 199--TUESDAY, OCTOBER 14, 1975 CAP CO JEN 0010359 i!', .'.'i.Vi.'.'KWiTtr "" r ' j ' r s :> '4830S i ' - ' . 5. RULES AND REGULATIONS \ Dup-1-18 6 6 15 70 't'PEP-ATCRr ` . T" . ........:t9 3i '' * . o . 61 ... . 7------ : ;--7 Dup 1-18 6 7 17TD tOCATION: -. 21 779 31 ...... '.TT'-V 75 W '. /o ' /I ~ : 75 FT ' ' .. ' -- * ` . * - ' D. WASTE DISPOSAL SITES. Part 0 should be completed separately for ech tsbestos 'waste disposal site subject to section El.22(1). Dup 1-13 1T~T6 ' M7^TB IT 20 - SCC--------27 23~79 .. 37 .. '.Lr NEOS X Ref CS 3T SIP 32 33 3? Regulation Pollutant <3 ' - EC *... WASTE OISPC.SH SITE ---- - ; : r--~Ss W . _ . .. - ` ' . ' V; 1, Description - Provide a brief description of the site, Including Its s!:e and configuration, end the distance to the closest city or town, closest residence; end closest pripary road. . . Duo 1-18 "'6 1 - SITE DESCRIPTION la-TO 21-----------1--------------------! 37 33 FO si '. . ; - ; 79 sr Dup 1-18 .62 DISTANCE: -TOWS': lSTTO 21 T9 sir TV 3? KH "70 42 ?3 RESIDENCE: - 43" TO So- EH ROAD: TO 62 D 63T T9 ?r T5 KH 11 78 EEDERAl REGISTER, VOL 40, HO. 199--TUESDAY,' OCTOBER 14, WS CAP CO JEN 0010360 - RULES AND REGULATIONS Inactivation - After the site It Inactivated, Indicate the method Or nethods used to comply with the standard end tend (`list of the actions that Hill be undertaken to maintain the Inacttvated site. Duo 1-18 ' 8 " 1!EThS5/?$c)^ SHE: 15--TO 21--;--------------------------- ----------------------------------- Si 55----------------- :--------------------------- 1--;-------75 OT t 48309 II.' Wives REQUESTS ' A. WAIVES OF COMPLIANCE.- Owners or, operators of sources unable to Operate In > compliance with the National Emission Standards for Hazardous Air Pollutants prior to 90 days after the effective date of. any standards or amendments which require the submission of such Information may request a waiver of compliance from the Administrator of the U.S. Environmental Protection Apency for the time period necessary to Install appropriate .control devices or make modifications to achieve coepllancej The Administrator ray grant a waiver of compliance with the standard for a.period not exceeding two years from the effective date of the hazardous pollutant standards. If he finds that such period Is necessary for the Installation of controls and that' steps will be taken during the period of the waiver to assure that the health of persons will be protected from lrmtnent endangement. The report Information provided In Section I must accompany this application. Applications should be sent to the appropriate EPA regional office. ; 1. Processes Involved - Indicate the process or processes emitting hazardous pollutants to whtch emission controls are to be applied. , ... ' 2. Controls ' ... ' a. Describe the'proposed type of control device to be added or modification to be made to the process to reduce the emissions of hazardous pollutants to an acceptable level. (Use additional sheets If necessaiy.) ; ' , b. Describe the measures that will be taken during the waiver period to assure that the health of persons will be protected from Imminent endangernent. (Use additional sheets if necessary.) . 3. Increments of Prepress - Specify the dates by which the following increments of progress Will be, met. r- Date by which contracts for emission control systems or process modifications will be awarded; or date by which-orders will be Issued for the purchase of the component parts to accomplish emission control or process modification. ... . * FEDERAL REGISTER, YOU 40, NO. !9?_TUESDAlf, OCTOBER 14, 1975 CAP CO JEN 0010361 :4S310 RULES AND REGULATIONS- - Dap 1-16 l7- --7y3 gjt< g5 ; TO tv to/bi/W *6 BET bled as shotfn in Figure 105-1. In place of the magnesium perchlorate Crying tube, a amall * reading lamp with 60W bulb may be used to *_ . jute 0f inttUMsn of en-Jlte eonttrueHon er Institution or. Mission control equlpnont or proetss ehios... ..... . . .. . prevent condensation of molsture.lnslde the cell. The lamp is positioned ao as not to Inter* fere with the measurement and to shine.on the absorption cell maintaining the air tem-- .Cup M6 xr^TXi STTt S5--" To 61 W/bi/tn \ Ts BIT perature about *C above ambient.- 3. Reagents.S.l -Analysis. Cite by which on-site construction or InsUlUtien of cnfssion control . equipment or process Bodiflcstion is to be computed. _ 3.1.1 Aqua Regia--Prepare Immediately* before use by carefully adding three volumes of concentrated HCJ to one volume of con - Dupl-7S JJy9 centrated BKO.. g--------;------- ft 1 W/Iir/W "t VJ * 3.1.2 Sulfuric Add. 04N--Dilute 14.0 ml of concentrated sulfuric acid to .1.0 liter. Date by which final compliance Is to-be achieved* " V **' _ 344 Stannous Sulfate--Add 25 g stan nous sulfate to 250 ml of 04H sulfuric acid.- This mixture is a suspension and should be 1-16 * 77 .ST75* > . . : TO 1 WSV/Tft 56 CT stirred continuously during* .use. Stannous chloride may be used In place of the stannous B. - IMIVIR DF EHISS10H TESTS. A waiver of ealsslon testlns y be granted to ' owners'or operators ofYources of berylllua or mercury pollutants .If, in the judeaent of the Administrator of the Environmental Protection Agency the emissions from the source comply with the appropriate standard or If the owners or operators of the source have requested a waiver of coepllance or have been granted a waiver of-ccnpllance. * sulfate* 34.4 'Sodium Chlorlde-^Hydroxylamine - Sulfate Solution--Dissolve 12 grams of so- dJum chloride and 12 grams of hydroxylamlne sulfate In distilled water and dilute to 100 r ml. Hydroxylamlne hydrochloride may be ..vised In place of the hydroxylamlne sulfate. . This application should acconpany the report infcrretlen provided in 3.1.5 Potassium Permanganate--5% solu tion, w/v. Dissolve 5 grains of potassium per- * ..Section I. . . manganate in 100 ml of distilled water. - '1. Reason - State the reasons for requesting a reiver of emission testing. TftHe reason stated is that the emissions from the source art within \ the prescribed Halts, documentation of this condition east be attached. 3.1.6 Stock Mercury Solution--Dissolve 0.1354 grams ot reagent grade mercuric chlo ride (Assay >955) In 75 ml of-distilled* water. Add id ml of concentrated nitric acid and adjust the volume to 100.0 ml. 1 ml=l *mgHg.. . . 34.7 Working Mercury Solution--Make successive dilutions of the stock mercury .solution to obtain a working standard con taining 04 ^g per ml. This working standard and the dilutions of the stock mercury solu- * . Date Sier.ftUrt ct tne Of.rer or operator lion should be prepared fresh datly. Acidity of'the working standard should be main Appendix B--Test Methods * . 10. Method JC5 Is added to Appendix B as follows: METHOD 103. METHOD FOR'DETERMINATION* OF MERCURY IN WASTEWATER TREATMENT PLANT SEWAGE SLUDGES 1. Principle end applicability, l.i Prin ciple--A weighed portion of the sewage sludge sample is digested in aqua regia for 2 minutes at S5*C, followed by oxidation with potassium permanganate. Mercury la the digested sample is then measured by the conventional spectrophotometer cold vapor technique. An alternative digestion involving the use of an autoclave Is described in para graph 4.5.2 of this method. 1.2 Applicability--This method Is appli cable for the determination of total organic and Inorganic mercury content in sewage sludges, soils, sediments, and bottom-type materials. The normal range of this method Is 0.2 to 5 ig/g. The range may be extended above or below the normal range by Increas 2.1.2 Mercury Hollow Cathode Lamp-- Vestingbouse WL-22B47. argon filled, or equivalent. 2.14 Recorder--Any multirange, vAriable- speed recorder that Is compatible with the UV detection system Is suitable. 2.1.4 Absorption Cell--Standard spectro- ' photometer cells 10 cm long, having quarts end windows may be used. Suitable cells may be constructed from plexiglass tubing, 2.5 cm OD. x 11.4 cm (ca. 1" O.D. x 4*4''). The ends are ground perpendicular to the longi tudinal axis, and quartz windows (2.5 cm diameter x 0.1$ cm thickness (ca. 1" diameter x Vi--/' thickness) 1 are cemented In place; Gas inlet and outlet port* (also of plexiglass but 0.6 cm Of), (ca. U" O.D.) J are attached approximately 14 cm (*,i") from each end. The cell Is strapped to a burner for support and aligned in the light beam to give the maximum transmittance. NOTE: Two 6.1 cm. x 5.1 cm (ca. 2** x 2") cards with 2.5 cm (ca. 1") diameter holes may be placed over each end of the cell to assist In .positioning . the cell for maximum transmittance. tained at 045% nitric acid. This acid should be added to the flask as needed before the addition of the aliquot. Mercuric solutions should not be prepared in plastic containers. 4. Procedures. Samples for mercury analy sis are subject to contamination from a variety of sources. Extreme care must be .taken to prevent contamination. Certain in terferences may occur during the analysis procedures. Extreme eautlon must be* taken to avoid inhalation or mercury. -- 44 .Sample Handling and Preservation. 4.1.1 Because of the extreme sensitivity of the analytical procedure and the om nipresence ot mercury, care must be taken to avoid extraneous contamination. Sam pling devices; sample containers, and re agents should be ascertained to be free of significant amounts of mercury; the sample should not be exposed to any condition in the laboratory that may result in contact nr airborne mercury contamination. Sample containers to be used for collection and ship ment of mercury samples should be properly cleaned peforc use. These 6hould be rinsed with at least 20% v/v HNO,`followed by ing or decreasing sample size and through in 2.14 Air Pump--Any peristaltic pump distilled water. strument and recorder control. capable of delivering 1 liter of air per minute 444 White the sample may be analyzed 2. Apparatus. 2.1 Analysis--The conven may be used. A Masterfiex pump with elec without drying, it has been found to be more tional cold vapor technlquc(5) Is used to tronic speed control has been found to be' convenient to analyze a dij sample. Moisture analyze the sample. * > satisfactory. (Regulated compressed air can may be driven oC in a drying oven at* tem-' 2.1.1 Atomic Absorption Spectrophoto meter1--Any atomic absorption unit haring be used in an open oue-pass system.) 2.14 Flowmeter--Capable of measuring perature- of 60*C. No significant-mercury losses have been observed by using this dry an open sample presentation area In which to mount the absorption cell'Is suitable. In strument settings recommended by the par an air Cow of 1 liter per minute. 24.7 Aeration Tubing--Tygon tubing Is used for passage of the mercury vapor from the sample bottle to the absorption cell and ing step. The dry sample should be pulver ized and thoroughly mixed before the aliquot - Is weighed. * . 44 Interferences. ticular manufacturer should be followed. return. Straight glass tubing terminating In * 444 Interferences `that "may occur in a coarse porous frit Is used for sparging air sludge samples are sulfides! high copper, high 1 Instruments designed specifically for the Into the sample. * * chlorides, etc. A discussion of possible in measurement of mercury using the cold 24.8 Drying Tube--15 cm long f 15 cm terferences and suggested preventative meas- . vapor technique are commercially available diameter .(ca. 6" long x *4" diameter) tube ures to be taken is given In Reference (6) (7). and may be substituted for the atomic containing 20 grains of the desiccant mag 444 Volatile materials which absorb at .absorption spectrophotometer. nesium perchlorate. The apparatus 1$ a&sem- the 253.7 nm will cause a positive interfer- FEDERAi REGISTER, VOL 49, NO. 199---TUE5DAY, OCTOSER 14, 1975 CAP CO JEN OOI0362 RULES AND REGULATIONS - . 483111. nce. In order to remove any Interfering The absorbance, as exhibited either on the 5.2 Calculate the mercury concentration volatile metering the deed aLr space In the spectrophotometer or the recorder, will in in the aample by the formula: J, BOP bottle should be purged with nitrogen crease and reach maximum within 30 sec ' before the addition of stannous sulfate. onds. As soon as the recorder pen levels off, 4.3 Handling Sample Mercury Vapors approximately 1 minute, open the bypass _____ pg Hg in the aliquot g g gm--^ auqUot la g After Analysis. valve and continue the aerat) m tint:: the 4.3.1 Because of the toxic nature of mer absorbance returns to its minimum value. 3 Report mercury concentrations as fol cury vapor, precaution must be taken to Close the bypass valve, remove the fritted lows: Below 0.1 ig/g; between 0.1 and 1 sg/g. avoid Its Inhalation. Therefore, a bypass tubing from the Bod bottle and continue to the nearest Q.QI *tg/g; between I and 10 should be Included In the analysis system the aeration. Proceed with the standards and ag/g. to nearest 04 pg; above 10 pg/g, to to either vent the mercury vapor Into an construct a standard .curve by plotting peak nearest pg. * # ,, exhaust hood or pass the vapor through some height versus micrograms of mercury. 6. Precision and accuracy. 6.1 According absorbing media, such as: 4.5 Analysis. to the provisional method in reference num (a) equal volumes of O.IN KMNOi and 10% 4.5.1 Weigh triplicate 02g0.001 g por ber 5, the following standard deviations on h,so: - ,- (b) 0^5% Iodine In a 3% K solution. tions of dry sample and place in bottom of replicate sediment samples have been rea BOO bottle. Add 5 ml of distilled water * corded at the Indicated levels: 049 ag/jg0D2 ,, A specially treated charcoal that will absorb mercury vapor Is also available from Barnebey and Cheney. S. 8th Ave. and North Cas sidy St.. Cotumbus, Ohio 43319, Catalog No* 60-13 or NO. 580-22.* 4.4 Calibration. 4.4.1 Transfer 0, 0.5,1.0,2.0,5.0 and 10 ml ,1. aliquots of the working mercury solution containing 0 to 1.0 ^g of mercury to a series of SOO-ml BOD bottles. Add enough dis tilled water to each bottle to make a total volume of 10 ml. Add 5 ml of aqua regia and heat 2 minutes in a water bath at 85*C. Allow the sample to cool and add 0 ml distilled water and 15 ml of KMnO solution to each bottle and return to the water bath for 30 minutes. Cool and add 5 ml of sodium cblorlde-hydroxylamlne sulfate -solution to reduoe the excess permanganate. Add 50 ml of distilled water. Treating each bottle Individ ually, add ml of stannous sulfate solution and immediately attach the bottle to the aeration apparatus. At this point, the sample and ml of aqua'regia. Heat 2 minutes In a and 0.82 pg/g0.03. Recovery of mercury at water bath at 95*C. Cool and add 50 ml dis .these levels, added as methyl mercuric chlo tilled water and 15 ml potassium per ride, was 97 and 94%, respectively. manganate solution to each sample bottle. 7. References. Mix thoroughly and place In the water bath 1. Bishop, J. N. "Mercury.in Sediments,** for 30 minutes at 05*C. Cool and add 8 ml of Ontario Water Resources Comm., Toronto, sodium chlorlde-hydroxylamlne sulfate to re Ontario, Canada, 1971. * duce the exeess permanganate. Add 55 ml of 2. Salma. M. Private communication, EPA distilled water.-Treating each bottle indi Cal/Kev Basin Office, Alameda, California. vidually. add 5 ml of stannous sulfate and 3. Hatch, W. R,, and Ott, W L. ''Determina Immediately attach the bottle to the aera tion of Sub-Microgram Quantities of Mer- * tion apparatus. With each sample, continue cury by Atomic Absorption Spectrophotom as described in paragraph, 4.4.1 of^thls etry," Ana. Chem. 40,2085 (1968). method. ' * 4. Bradenberger, H. and Bader, K. "The 4.5.2 An alternative digestion procedure Determination of Nanogram Levels of Mer using an autoclave may also be used. In this cury in Solution by a Blameless Atomic Ab method 5 ml of concentrated H_SO, and 2 ml sorption Technique," Atomic Absorption of concentrated KNO, are addkl to the 0.2 Newsletter 6,101 (1967), ' * grams of sample. 5 ml of saturated KMnO, 5. Analytical Quality Control Laboratory solution are added and the bottle is covered (AQCL), Environmental Protection Agency, with a piece of aluminum foU. The samples Cincinnati, Ohio, ''Mercury in Sediment are autoclaved at 12l*c and 2.1 kg/cm' (ca. (Cold Vapor Technique),*4 Provisional . 15 pslg) for 15 minutes. Cool, make up to a Method, April 1972. volume of 100 ml with distilled water, and 6. Kopp, J. T., Longbottom, LL C. and ` is allowed to stand qultely without manual add 6 ml of sodium chlorlde-bydroxylamine Lobring, L. B. "Cold Vapor Method for De agitation.'The circulating pump, which has sulfate solution to reduce the excess per termining Mercury," Journal AWWA, 64, 1 previously been adjusted to a rate of 1 liter manganate. Purge the dead air space and (1972), pp. 20-25. per minute, Is allowed to run continuously. continue as described in paragraph 4.4.1 of 7. "Manual of Methods for Chemical Anal this method. ysis of Water and Wastes." Environmental Mention' of trade names or speclQe prod ucts does not constitute endorsement by the 5. Calculation. 5.1 Measure the peak Protection Agency, EPA-625/2-74-003, pp. height of the unknown from the chart and 118-138. read the mercury value from the standard Environmental Protection Agency. curve. [FR Doc.75-27231 Hied 10-14-75:8:45 am] . KDEWl REGISTER, VOL 40, NO. 199--TUESDAY, OCTOSES 14, 1975 CAP CO JEN OOI0363 m ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Highway, Crystal Square '4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 BOARD OF DIRECTORS MEETING Stouffer's National Center Hotel September 19, 1979 Arlington, VA Pursuant to notice, a meeting of the Board of Directors was held September 19, 1979, at Stouffer's National Center Hotel, Arlington, VA. The meeting was called to order at 10:00 AM. The following directors were present: W. H. Beasley Cement Asbestos Products Co. Frank Betts Atlas Turner, Inc. Frank M. Brown Connell Brothers Co., Ltd. Robert A. Carlson Special Asbestos Co., Inc. William C. Clark Asten-Hill, Limited Gordon Coats Calaveras Asbestos, Ltd.. Brian Donner Vermont Asbestos Group Thomas A. Dougherty CertainTeed Corporation Guy G. Gabrielson, Jr. Nicolet, Inc. Dan Hackett Lear-Siegler, Inc. (for Charles Newell) Elisabeth Hanlin Johns-Manville Corporation (for Dimitry Poutiatine) Clarence A. Herbst, Sr. Resinoid Engineering Corp. B. J. Iwarsson Abex Corporation A. C. Liggett Nuturn Corporation Donald G. Magill, Jr. Hollingsworth & Vose Co. John H. Marsh Raybestos-Manhattan, Inc. Joseph T. Mooney, Jr. Monsey Products Company Adam Novak Huxley Development Corporation H. B. Rhodes, Dr.Eng.Sc. Union Carbide Corporation John Riopelle Bendix Corporation Kurt Schwarz Supradur Manufacturing Corp. Martin J. Sendecki Congoleum Corporation (for N. E. DeCandia) John Sheridan Jim Walter Corporation (for W. S. Durrell) Also present: Wendell B. Alcorn, Jr., Cadwalader, Wickersham and Taft; Philip Z. Berg, AIA/NA Staff; William Blakeslee, CertainTeed Corp.; C. H. Borcherding, Abex Corp.; J. E. Conner, Johns-Manville Corp.; Edmund M. Fenner, Johns-Manville Corp.; CAPCO JEN OOI 03 64- Page 2 Burton A. Gale, Resinoid Engineering Corp.; Cindy Hayes, Nuturn Corp.; Robert Hoylman, Cal' 'eras Asbestos, Ltd.; Jack E. Keith, Rostone Corp.; Curtis Linke, Johns-Manville Corp.; J. J. McHugh, National Association of Filter Manufacturers; Howard Manosh, Vermont Asbestos Group; B. J. Pigg, AIA/NA Staff; Richard H. Rosenberg, Borg-Warner Corp.; Alfred Shaines, P.T. Brake Lining Co., Inc.; A. P. Tiedemann, Raybestos-Manhattan, Inc.; Richard L. Trachtman, AIA/NA Staff; James R. Weber, Bendix Corp.; W. T. Whitley, Cement Asbestos Products Company. Minutes On motion, minutes of the preceding meeting, June 13, 1979, were approved as submitted. Election of Officers Appointment of Executive Committee Mr. Schwarz, chairman of the nominating committee, placed in nomination the following persons who were, by vote, unanimously approved for office: Thomas A. Dougherty John H. Marsh Dimitry Poutiatine B. J. Pigg President Vice President Vice President Secretary and Treasurer In addition to the above officers, who are directors, the following persons were, by vote, unanimously approved as members of the Association's Executive Committee: Frank Betts Guy G. Gabrielson, Jr. Harrison B. Rhodes, Dr.Eng.Sc Kurt Schwarz Committee/Work Area Appointments On motion, members of the Executive Committee were approved to serve in the following specific work areas: Standards Advisory and Air Monitoring Committees Harrison B. Rhodes, Dr.Eng.Sc International Activities and Medical Affairs John H. Marsh Membership Kurt Schwarz Legal Research Committee Guy G. Gabrielson, Jr. Technical Committee Dimitry Poutiatine (E. M. Fenner, chairman) Information-Education Publications Dimitry Poutiatine CAP CO JEN 0010365 Public Relations Financial Affairs Page 3 Frank Betts T. A. Dougherty Remarks of the President A copy of the remarks of the president, Mr. T. A. Dougherty, is enclosed. Other Business On motion, the application for associate membership in the Association submitted by The Rockbestos Company, New Haven, Connecticut, was approved. The next regular meeting of directors is scheduled for Wednesday, December 12, 1979, at the Quality Inn, Pentagon City, Arlincton, VA, commencing at 9:00 AM. Adjournment There being no further business, the meeting was adjourned at 10:40 AM. Executive Director 13 October 1979 Enclosure bjp/cn CAPCO CAPCO JEN 0010366 BOARD OF DIRECTORS MEETING SEPTEMBER 19, 1979 AGENDA ITEM V - REMARKS OF THE PRESIDENT - (T. A. DOUGHERTY). FIRST, I WOULD LIKE TO EXPRESS MY SINCERE APPRECIATION TO THE DIRECTORS FOR YOUR SHOW OF CONFIDENCE IN REELECTING ME AS PRESIDENT OF THE ASSOCIATION, EVEN THOUGH IT DOES MAKE ME QUESTION THE SOUND NESS OF YOUR JUDGMENT, IN ONE SENSE, I FEEL THAT I HAVE ALREADY SERVED MY "TURN IN THE BARREL"; HOWEVER, IF YOU THINK I CAN MAKE A FURTHER CONTRIBUTION IN THE OFFICE, I'M WILLING TO CONTINUE AND PLEDGE TO DO THE BEST JOB I CAN, I WOULD BE REMISS IF I DID NOT EXPRESS MY GRATITUDE TO THOSE WHO HAVE RENDERED INVALUABLE ASSISTANCE TO THE ASSOCIATION DURING THE PRECEDING WORK YEAR: MEMBERS OF THE EXECUTIVE COMMITTEE (GUY GABRIELSON, JOHN MARSH, DIMITRY POUTIATINE, HARRY RHODES, KURT SCHWARZ AND ED ZACHARIAS); OUR STANDARDS ADVISORY COMMITTEE AND AIR MONITORING COMMITTEE, BOTH CHAIRED BY HARRY RHODES; THE AIA/NA TECHNICAL COMMITTEE WITH ED FENNER AS CHAIRMAN; AND LEGAL RESEARCH COMMITTEE UNDER GUY GABRIELSON. JOHN MARSH HAS SERVED US WELL AS REPRESENTATIVE IN THE ASBESTOS INTERNATIONAL ASSOCIATION. LAST SEPTEMBER WHEN WE MET NEAR HERE AT THE TWIN BRIDGES MARRIOTT, THEN HEW SECRETARY CALIFANO HAD JUST GIVEN HIS "INFAMOUS" SPEECH TO THE AFL-CIO'S NATIONAL CONFERENCE ON OCCUPATIONAL SAFETY AND HEALTH. MR. CALIFANO ALLEGED THAT AT LEAST 20 PERCENT OF CANCER CAP CO JEN 0010367 -2- IN THE UNITED STATES IS WORK RELATED, AND THAT EXPOSURE TO ASBESTOS WILL ACCOUNT FOR ABOUT 17 PERCENT OF THE TOTAL NUMBER OF CANCER DEATHS EXPECTED DURING THE NEXT 30-35 YEARS, THE EXTENSIVE PRESS COVERAGE AFFORDED THIS SPEECH, COMBINED WITH THE NATIONAL CANCER INSTITUTE'S ONGOING PUBLIC AWARENESS PROGRAM ON ASBESTOS, DID NOT GIVE US A GREAT DEAL TO CHEER ABOUT. AS YOU WILL RECALL, WE AGREED AT OUR 78 ANNUAL MEETING TO CONDUCT A SCIENTIFIC REVIEW OF THE HEW-SPONSORED ESTIMATES PAPER WHICH WAS THE BASIS FOR MR, CALIFANO'S REMARKS, OUR DETAILED RESPONSE SUBMITTED IN DECEMBER TOOK THE FORM OF AN OPEN LETTER TO THE HEW SECRETARY AND, I BELIEVE, CONTRIBUTED SIGNIFICANTLY TO DISCREDITING THE PAPER. IT HAS YET TO BE PUBLISHED FOR.PEER REVIEW, THE MONTHS FOLLOWING OUR MEETING LAST YEAR HAVE BEEN FILLED WITH CONSIDERABLE ACTIVITY, THE ASSOCIATION HAS PARTICIPATED IN A NUMBER OF IMPORTANT ACTIONS ON BEHALF OF THE INDUSTRY, .1 WILL NOT ATTEMPT AN IN-DEPTH REVIEW OR MENTION OF ALL OF THEM, I DO BELIEVE, HOWEVER, THAT THE FOLLOWING ARE WORTHY OF YOUR ATTENTION: 1. AIA/NA ARRANGED FOR AND SERVED AS HOST ON BEHALF OF THE ASBESTOS INTERNATIONAL ASSOCIATION A COLLOQUIUM IN WASHINGTON, D.C., OCTOBER 11-13, ON DUST MEASURING TECHNIQUE AND STRATEGY. IT WAS ATTENDED BY 37 REPRESENTATIVES FROM 13 COUNTRIES. THE INITIAL OBJECTIVE OF THIS INTERNATIONAL INDUSTRY EFFORT IS THE DEVELOPMENT CAP CO JEN 0010368 3- OF IMPROVED METHODS OF MEASUREMENT OF ASBESTOS CONCENTRATIONS IN THE WORKPLACE. PROGRESS IS BEING MADE ON THIS PROJECT. 2. A PLANT PHYSICIANS CONFERENCE WAS CONDUCTED AT TULANE UNIVERSITY IN NEW ORLEANS ON NOVEMBER 9-10. WE WERE PLEASED THAT MORE THAN 30 INDUSTRY PHYSICIANS ATTENDED THIS EVENT WHICH WAS COORDINATED BY OUR MEDICAL CONSULTANT, DR. HANS WEILL. 3. EARLIER THIS YEAR INFORMATION WAS RECEIVED THAT THE U.S. NAVY WAS TAKING A VERY HARD POSITION ON SEEKING SUBSTITUTES FOR AIL ASBESTOS-CONTAINING PRODUCTS. OVER A PERIOD OF THREE MONTHS, FOUR SEPARATE MEETINGS WERE CONDUCTED BETWEEN NAVY AND ASSOCIATION REPRESENTATIVES, INCLUDING A TECHNICAL PRESENTATION ON ASBESTOSCONTAINING PRODUCTS. IN ADDITION, A NUMBER OF STUDIES AND MATERIALS HAVE BEEN PROVIDED TO THE NAVY. WE THINK THAT OUR EFFORTS HAVE RESULTED IN A MORE REASONABLE APPROACH BY THE NAVY AND, TO DATE, THEIR MILITARY SPECIFICATIONS ONLY EXCLUDE ASBESTOS PRODUCTS IN THE THERMAL INSULATION CATEGORY. A. QUANTITY DISTRIBUTION OF AIA/NA PREPARED EDUCATIONAL AND INFORMATIONAL MATERIALS TO BOTH INDUSTRY AND THE PUBLIC HAS OCCURRED AT A HIGH LEVEL. 5. SEVERAL STATES HAVE BEEN ACTIVE IN PROPOSING FURTHER REGULATION OF ASBESTOS. CALIFORNIA, CONNECTICUT, MONTANA AND VIRGINIA READILY COME TO MIND. HARRY RHODES HAS PARTICIPATED IN CAP CO JEN 0010369 HEARINGS AND OTHERWISE BEEN "OUR MAN" IN CALIFORNIA. NONE OF US FULLY APPRECIATES THE TREMENDOUS AMOUNT OF TIME AND EFFORT WHICH HARRY EXPENDED ON OUR BEHALF, EFFORT WHICH HAS BEEN MOST WORTHWHILE. A MAJOR RESPONSE TO AN AMBIENT PROPOSAL BY THE STATE OF CONNECTICUT WAS DEVELOPED AND SUBMITTED BY THE ASSOCIATION IN FEBRUARY. WE HAVE REASON TO BELIEVE THAT OUR EFFORT WAS A FACTOR IN FORESTALLING THAT INITIATIVE FOR THE TIME BEING. MONTANA ACCEPTED OUR RECOMMENDATIONS REGARDING RESTRICTIONS ON SPRAY-ON ASBESTOS MATERIALS. OUR COMMENTS HAVE ALSO HAD SOME IMPACT IN VIRGINIA'S RECENT REGULATION WHICH DEALS PRIMARILY WITH REPORTING REQUIREMENTS. 6. A VERY AMBITIOUS ROUND-ROBIN FIBER MEASURING PROGRAM WAS DEVELOPED AND CARRIED OUT, THE PURPOSE WHICH WAS TO DETERMINE ACCURACY AND REPRODUCIBILITY OF THE METHOD OF MEASURING EXPOSURE LEVELS. AS YOU HAVE HEARD FROM HARRY RHODES, THIS WAS A MONSTROUS UNDERTAKING AND COMPILATION OF RESULTS IS NOW UNDER WAY. WE BELIEVE IT WILL PROVIDE EXCELLENT AND USEFUL INFORMATION. WE WOULD LIKE TO ACKNOWLEDGE THE CONTRIBUTION TO THIS PROGRAM BY NATIONAL GYPSUM AND JOHNS-MANVILLE AS WELL AS ALL OTHER PARTICIPANTS. CAP CO JEN 0010370 5- - 7. IN THE FEDERAL AREA, THERE HAS BEEN ONE NEW REGULATION ISSUED DURING THE LAST 12 MONTHS. THIS RULE CONCERNS THE TRANSPORTATION OF ASBESTOS AND WAS PUBLISHED BY THE DEPARTMENT OF TRANSPORTATION. AGAIN, WE THINK OUR INPUT WAS A CONTRIBUTING FACTOR IN ACHIEVING A REASONABLE REGULATION. YOU HAVE BEEN KEPT ABREAST OF THE FACT THAT OSHA HAS NEITHER SCHEDULED A PUBLIC HEARING ON ITS PROPOSED REVISION OF THE ASBESTOS STANDARD NOR YET PROPOSED A STANDARD FOR THE CONSTRUCTION INDUSTRY. EARLY IN THE YEAR, I SENT YOU A LETTER WHICH REVIEWED THE OSHA SITUATION IN SOME DETAIL AND SUGGESTED THAT MEMBERS ASSESS THEIR OWN PARTICULAR SITUATION AND DETERMINE TO WHAT EXTENT THAT THEY WOULD SUPPORT A CHALLENGE TO ANY PROPOSED STANDARDS DEEMED UNACCEPTABLE. I BELIEVE THAT THOSE COMMENTS REMAIN TIMELY, AND WE SHOULD APPLY CONTINUING FORETHOUGHT AND PLANNING TO THE END THAT WE CAN ACT QUICKLY AND POSITIVELY WHENEVER OSHA PUBLISHES NEW PROPOSALS. WE COVERED IN THE ANNUAL MEETING THIS MORNING TWO SPECIFIC ASSOCIATION INITIATIVES THAT PERTAIN TO THIS SUBJECT (THE RFP DRAFT PREPARED BY CDP ASSOCIATES, AND WORK PRACTICES POSITION PAPER COOPERATIVE EFFORT WITH ACPPA). SOME TIME AGO, WE WERE CONVINCED THAT THE CONCEPT OF WORK PRACTICES IS THE ONLY PRACTICAL APPROACH TO ASBESTOS REGULATION IN THE CONSTRUCTION INDUSTRY. IT IS FOR THIS REASON THAT THE FIRST SESSION OF OUR INDUSTRY-GOVERNMENT CONFERENCE THIS AFTERNOON WILL CAP CO JEN 0010371 -6- COVER RECOMMENDED WORK PRACTICES IN VARIOUS SEGMENTS OF ThIS INDUSTRY/ WE/ OF COURSE, ARE HOPEFUL THAT OUR GOVERNMENT PARTICIPANTS AND GUESTS WILL BE FAVORABLY IMPRESSED, THE LAST FEW MONTHS HAVE BEEN PARTICULARLY ACTIVE AS WE HAVE WORKED WITH BOTH EPA AND CPSC IN ANTICIPATION OF FURTHER REGULATORY INITIATIVES BY THESE AGENCIES. AMONG OTHER THINGS/ THE ASSOCIATION: 1. ARRANGED FOR AND PRESENTED A TECHNICAL REVIEW OF ASBESTOSCONTAINING PRODUCTS AND MEDICAL SEMINAR ON JUNE 18 AND AUGUST 8 RESPECTIVELY AT EPA HEADQUARTERS. 2. FORMED AN AD HOC COMMITTEE FOR FRICTION MATERIALS WHICH IS COOPERATING WITH EPA IN DEVELOPMENT OF A VOLUNTARY GUIDANCE DOCUMENT. 3. SUBMITTED COMMENTS ON A REPORT PREPARED BY A CONSULTING FIRM FOR EPA AS PART OF THE AGENCY'S INVESTIGATION OF ASBESTOS. IT IS THE OPINION OF THE EXECUTIVE COMMITTEE THAT. EPA AND CPSC MAY PRESENT, OVER THE NEXT YEAR, THE MOST SERIOUS THREAT THAT THE ASBESTOS INDUSTRY HAS FACED IN THE REGULATORY ARENA TO DATE. SINCE WE DISCUSSED AND CONSIDERED THESE ISSUES EARLIER THIS MORNING, I WILL NOT REPEAT THEM HERE. CAPCO JEN 0010372 7- - NOW, WITH YOUR INDULGENCE, I WOULD LIKE TO BRAG A LITTLE: DURING MY TERM OF OFFICE THERE HAVE NOT BEEN MANY DEVELOPMENTS ABOUT WHICH WE CAN FEEL COMFORTABLE OTHER THAN THE FACT THAT THE ASSOCIATION HAS DEVELOPED INTO AN EFFECTIVE, RESPONSIBLE, AND CREDIBLE ORGANIZATION. THERE IS ONE ACHIEVEMENT OF WHICH I FEEL ESPECIALLY PROUD, THOUGH, AND THAT IS THE APPOINTMENT OF BOB PIGG TO THE POSITION OF EXECUTIVE DIRECTOR. I'M SURE THAT ALL OF YOU HAVE HAD OCCASION TO DEAL WITH BOB DURING THE LAST YEAR AND THAT YOU ALL SHARE MY APPRECIATION OF HIS DEDICATION AND MANY TALENTS. HIS WORK HAS BEEN TRULY OUTSTANDING. HE HAS BEEN EXTREMELY ABLY ASSISTED IN HIS EFFORTS BY THE OTHER MEMBERS OF HIS STAFF AND I REFER, OF COURSE, TO RICH, CINDY, AND WANDA. THE QUALITY AND QUANTITY OF-ACTIVITIES CARRIED OUT BY THIS SMALL FORCE IN A MOST PLEASANT AND COOPERATIVE MANNER HAS BEEN TREMENDOUS. I AM PLEASED THAT PHILIP BERG WILL SOON BE JOINING THE STAFF TO ADD MUCH NEEDED ASSISTANCE. I WOULD LIKE TO ASK THAT YOU JOIN ME IN GIVING THEM ALL A MUCH DESERVED ROUND OF APPLAUSE. I SOLICIT YOUR SUGGESTIONS AND ASSISTANCE AS WE BEGIN A NEW YEAR IN THE ASSOCIATION'S WORK. I BELIEVE THAT AIA/NA- HAS ACTED RESPONSIBLY WITHIN OUR LIMITED RESOURCES DURING THE PAST YEAR. FURTHER, I AM PERSUADED THAT, WHILE OUR CHALLENGES ARE FORMIDABLE, WE SHOULD AND WILL MEET THEM WITH A RENEWED DEDICATION AND RESOLVE. THANK YOU. CAP CO JEN 0010373